Terms and Conditions of Sale for Used Motor Vehicles
Please note, nothing included in these Terms and Conditions will affect or restrict the consumer’s statutory rights.
1. DEFINITIONS;- as seen in these terms unless the context requires otherwise:-
1.1 “The Dealer”, RB Prestige Limited, the person who is the vendor of the goods/vehicle to the Customer.
1.2 “The Customer”, the person, firm or company, placing the order (contracting) for goods and services to be supplied by the Dealer.
1.3. “Allowance”, the amount specified on the Order as allowed by the Dealer against a Part Exchange Vehicle.
1.4. “Contract”, the contract for the sale and purchase of the Vehicle.
1.5. “Order”, the order set out as part of the purchase of the Vehicle (Order Form).
1.6. “Part Exchange Vehicle”, the used vehicle (if any) offered by the Customer in part exchange for the Vehicle, details of which located on the Order under the heading “Part Exchange Vehicle Details”.
1.7. “Purchase Price”, the price for the Vehicle current at the date of the Order.
1.8. “Vehicle”, includes any car, lorry, van, trailer caravan, motor cycle and any parts, accessories and extras detailed in the Order.
2. Contract and Interpretation;-
2.1. These terms shall represent the whole, and only, contract between the Dealer and the Customer. They may only be varied by written agreement between parties and an authorised representative of the Dealer.
2.2. Headings are for convenience only and do not affect the construction of the Contract.
2.3. The masculine shall include all genders and the singular shall include the plural.
2.4. On such occasion that any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
3. FORMATION OF CONTRACT
3.1 The Order is the Customer’s offer to purchase the Vehicle upon such terms. The Contract is formed upon the Dealer accepting that offer by an authorised representative signing and dating such Order.
3.2. This order and any allowance in respect of a Part Exchange Vehicle are subject to acceptance and confirmation in writing by the Dealer.
3.3. The sales information provided by the Dealer will form part of the Contract but not otherwise.
3.4. The Contract is personal to the Customer, who shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Dealer.
4.1. Unless entitled to do so under clause 4.2, clause 5.6, 6.3 or clause 15, the Customer may not cancel the Contract without the prior written agreement of an authorised representative of the Dealer. If the Customer seeks to cancel the Contract in any other manner, the Dealer may (without prejudice to its other rights and remedies) retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Dealer in connection with the Vehicle, the Contract and/or the cancellation of the Contract. If the Customer cancels under clauses 4.2, 5.6, 6.3 or 15 the Dealer shall return to the Customer any deposit paid and thereafter shall have no further liability to the Dealer under the Contract.
4.2 If the Vehicle is purchased at a distance within the meaning of The Consumer Contracts (Information Cancellation and Additional Charges) Regulations2013, the Customer may within 14 days of delivery cancel the Contract and require the Dealer to refund the Purchase Price. In this instance, the Customer must keep the Vehicle in a reasonable condition and return the Vehicle or make it available for collection and pay the Dealer reasonable costs of collection and the difference, if any, between the value of the Vehicle when returned and the Purchase Price.
4.3 If the Customer does not pay for and take delivery of its vehicle within 7 days of notification that the vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this happens or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer will sell the vehicle to another person. The Dealer will refund the Customer’s deposit but before the Dealer does so, the Dealer is entitled to recover from the deposit the additional costs the Dealer incurred in re selling the Vehicle plus any reduction in the sales price achieved. The Dealer will provide copies of any receipts if the Customer requests them.
4.4. The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle/s.
5.1. Unless otherwise specifically agreed in writing ‘delivery’ means the Dealer making the Vehicle available at the Dealer’s premises for collection by the Customer. Risk in the Vehicle shall pass on delivery. In the event of cancellation, for any reason, the Customer agrees to return the Goods to the Dealer’s premises.
5.2. The Customer shall be liable to pay for the Vehicle upon delivery. The Dealer may, in its discretion, ask for a deposit at the time when the order is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until full deposit is paid.
5.3. The Estimated Delivery Date is an estimate only and not essential. The Dealer shall endeavour to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the Estimated Delivery Date.
5.4. As soon as the Vehicle is ready for delivery, the Dealer shall inform the Customer who shall then have seven (7) days in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the Vehicle.
5.5. The Customer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full in cleared funds, and if he fails to pay, the Dealer shall be entitled to treat the Contract as repudiated by the Customer. Until the Contract is so terminated the Dealer may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Dealer in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the Purchase Price. If the Dealer treats the Contract as repudiated by the Customer, the Dealer may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Customer and sell the Vehicle and retain the proceeds of the sale. Release of the Vehicle by the Dealer to the Customer is not confirmation by the Dealer that the Purchase Price has been paid in full.
5.6. If the Dealer fails to deliver the Vehicle within thirty (30) days after the Estimated Delivery Date the Customer may give seven (7) days’ notice to the Dealer requiring delivery. Failing such delivery the Customer may cancel the Contract. If the Vehicle is a new vehicle, the Customer may at any time cancel the Contract if the Manufacturer ceases to make that type of vehicle.
6. PRICE AND PRICE VARIATION
6.1. The Dealer reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund licence, car tax or value-added tax between the date of the Order and the date of delivery and the Customer shall be bound to pay the price as so varied.
6.2 If before the date of delivery a change occurs in the Manufacturer’s (or relevant concessionaire’s) price for the Vehicle or any Accessory, the Dealer shall notify the Customer:-
a) if a price increase, of the amount of any such increase the Dealer intends to pass on to the Customer by increasing the Purchase Price; or
b) if a price reduction, the amount by which the Dealer intends to reduce the Purchase Price (or that no reduction is intended).
6.3 The Customer may cancel the Contract:-
a) within fourteen (14) days after the date of a notice under clause 6.2(a); or
b) within fourteen (14) days after the date of a notice under clause 6.2(b) if the amount by which the Dealer intends to reduce the Purchase Price, as stated in such notice, is less than the amount of the reduction in the Manufacturer’s price.
6.4 If the Dealer is unable to supply any Accessory (of whatever nature) the Dealer may at its option either:-
a) substitute a reasonable equivalent; or
b) delete the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in question.
6.5. The Dealer’s inability to supply an Accessory shall not constitute a breach of contract or entitle the Customer to repudiate the Contract or reject the Vehicle.
7. METHOD OF PAYMENT
7.1. Unless otherwise agreed by the Dealer (and in all cases other than a sale via a finance company pursuant ) the Customer shall pay the Purchase Price in cleared funds by bank transfer or Debit card. Credit card payments are not acceptable unless specifically agreed in writing signed by an authorised representative of the Dealer and may incur additional charges.
7.2. Cheques are not accepted by the Dealer.
7.3 An agreement to accept payment on credit terms shall be effective only if in writing and signed by an authorised representative of the Dealer. Any agreed credit period shall commence from date of delivery of the Vehicle and unless otherwise specified shall be seven (14) days.
7.4. Interest will be charged to the Customer on all amounts remaining outstanding and unpaid after the due date for payment and/or on all sums due by way of damages for breach of the Contract at the rate of 2% per annum above the base rate of Lloyds TSB Bank plc from time to time in force and shall be calculated and accrue on a day to day basis from the date on which payment fell due until payment in full has been received by the Customer (whether made before or after judgement has been obtained). If no specific date for payment is set out in the Contract and credit terms have not been agreed the due date for payment shall be deemed to be the earlier of:-
a) the date of delivery of the Vehicle; and,
b) the date which is ten (10) days after notice from the Customer to the Dealer that the Vehicle is ready for delivery.
7.5. Normally, amounts received from the Customer shall be applied in payment of the oldest debt but the Dealer may at any time in its absolute discretion appropriate any payment it receives to such outstanding debt as the Dealer thinks fit, notwithstanding any purported appropriation to the contrary by the Customer.
8.1. Notwithstanding delivery, the vehicle shall remain the sole and absolute property of the Dealer as legal owner until such times as the Customer shall have paid to the Dealer the full purchase price together with additional costs that may be due to the Dealer under this Contract.
8.2. Conversely, Risk of damage to or loss of the vehicle is at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.
8.3. Whilst title in the Vehicle remains in the Dealer, the Customer:-
a) shall be in possession of the Vehicle as bailee of the Dealer and entitled to use the Vehicle (and ‘use’ includes use in the ordinary course of the Customer’s business, as notified to the Dealer at the time of Order, of letting out vehicles on hire terms) until the occurrence of the first of the events.
b) shall keep the Vehicle safe and in good condition and insure it for its full replacement value against all usual risks and shall forthwith upon receipt account to the Dealer for any proceeds of such insurance, without deduction;
c) shall not without the Dealer’s prior written consent use the Vehicle for self-drive hire, hackney carriage or taxi work, racing or off-road or green laneing or any other form of use not reasonably considered as normal domestic use, but the Dealer shall be deemed to have given consent to self-drive hire where the Contract is on credit terms and the Dealer had actual notice at the time of receiving the Order that the Customer intended to let the Vehicle out on self-drive hire in the ordinary course of its business;
d) shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the Dealer’s title to the Vehicle;
e) irrevocably authorises the Dealer’s representatives to enter any premises at which the Vehicle is situate for the purposes of inspecting the Vehicle and identifying it as the Dealer’s property.
8.4 The Customer’s power of possession and use of the Vehicle shall terminate:-
a) on the date on which notice is given by the Dealer; and/or
b) if any of the following happens to the Customer:-
i) being an individual, he is unable to pay his debts within the meaning of Section 268 of the Insolvency Act 1986 or a petition is presented or order made for his bankruptcy or an interim order is made or, in Scotland, he is declared notour bankrupt;
ii) being a company, it is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or a petition is presented or a resolution proposed or passed for its winding up or dissolution or an application or order is made for the appointment of a liquidator or administrator or an encumbrancer takes possession of or a receiver is appointed over all or any part of its assets or undertaking;
iii) a distress, execution or other process is levied on his undertaking or any part of his assets and is not discharged within seven (7) days;
iv) he calls a meeting of or proposes or makes any arrangement or composition with all or any part of his creditors;
v) any event or process of like nature to those set out in paragraphs b (i) to (iv) above in any jurisdiction.
8.5 The Dealer may by notice to the Customer revoke the Customer’s power of possession and use of the Vehicle:-
a) if the Dealer has any doubt as to the ability or willingness of the Customer to pay to the Dealer any sum on the due date; and/or,
b) if the Dealer has reason to believe the Customer is in breach of any term of this or any other contract with the Dealer.
8.6 Upon revocation or determination of the Customer’s power of possession and use of the Vehicle the Customer shall yield up the Vehicle in good condition to the Dealer and (if so required by the Dealer) at its own expense deliver the Vehicle to an address in the United Kingdom specified by the Dealer and shall be deemed irrevocably to authorise the Dealer to enter upon any of its premises with or without vehicles for the purposes of removing the Vehicle.
8.7 The repossession of the Vehicle by the Dealer in accordance with this clause shall be without prejudice to all or any of the Customer’s rights or remedies against the Customer.
9. FINANCE ARRANGEMENTS
9.1 The Customer may, after signing the Order, arrange for a finance company to fund the purchase of the Vehicle from the Dealer for the Purchase Price. Where the Customer uses such a finance company, the identity of the Customer shall not change and the Dealer will invoice the Customer. The Customer may request that the Dealer receives the Purchase Price, or part thereof, directly from the finance company and provide reasonable assistance to the Customer (without providing advice on any such financing) in their purchase of the Vehicle using funding the Customer has arranged.
9.2. In the event that the Customer arranged for a finance company to purchase the goods from the Dealer at the total vehicle price payable the Dealer shall not release the vehicle until he total vehicle price has been discharged in full, including receipt of cleared funds from the said finance company.
9.3. RB Prestige Limited themselves is a credit broker, not a lender, and is authorised and regulated by the Financial Conduct Authority. On such occasions RB Prestige Limited receive an introductory payment from said finance company.
10. PART EXCHANGE VEHICLE
10.1 This clause shall apply if the Customer has offered a Part Exchange Vehicle and where the Dealer agrees to allow part of the price of the vehicle to be discharged by an agreed allowance.
10.2 The Customer passes to the Dealer good title to the Part Exchange Vehicle either:-
a) free from Encumbrances; or
b) if there are Encumbrances on the Part Exchange Vehicle but all are capable of cash settlement by payment of an amount not exceeding the Allowance, instead of applying the whole of the Allowance towards payment of the Purchase Price, the Dealer will apply the Allowance or part of it as applicable towards settlement of any obligations to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested third parties to be made after the Dealer has received the Part Exchange Vehicle and made delivery of the Vehicle to the Customer.
10.3 The Dealer has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place; and the condition of the Part Exchange Vehicle as delivered to the Dealer before or at the time of delivery of the Vehicle to the Customer is substantially the same as that existing at the time of the Dealer’s most recent examination (fair wear and tear excepted).
10.4 Risk in and title to the Part Exchange Vehicle shall pass to the Dealer on delivery.
10.5 Without prejudice the Customer shall deliver the Part Exchange Vehicle to the Dealer within seven (7) days of notice to the Customer that the Vehicle is ready for collection.
10.6 If Completion takes place on a date which is more than thirty (30) days after the date of the Order, except when the delay is a direct result of the Dealer’s act or default, the Dealer reserves the right to reduce the Allowance by an amount equal to 2.5% of the Valuation for each completed period of thirty (30) days between the date of the Order and Completion.
10.7 In the event of the no-fulfilment of any of the forgoing conditions above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Vehicle to be supplied by the Dealer.
11. USED VEHICLES
11.1 Used vehicles are sold as roadworthy at the date of delivery, and are:-
a) subject to any defects which the Dealer has drawn to the Customer’s attention prior to the Customer placing the Order; and,
b) subject to any defects which the Customer discovered or ought to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Customer has carried out such examination) and in that regard the Customer acknowledges that he has been afforded the opportunity to examine the Vehicle.
11.2. The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.
12. WARRANTY AND PRODUCER DETAILS
12.1 If it is a new vehicle, the Vehicle is sold with the benefit of the Manufacturer’s warranty, the terms of which are specified in the service record and warranty booklet or other similar documentation issued from time to time by the Manufacturer, copies of which are available for inspection at the Dealer’s premises. The benefit of such warranty is in addition to any statutorily implied warranty on the part of the Dealer. Except where the Vehicle is delivered to the order of a finance company, the Dealer shall supply to the Customer a copy of the warranty terms on delivery of the Vehicle.
12.2 Unless otherwise specified by notice to the Customer, the producer of the Vehicle (for the purposes of Section 2 of the Consumer Protection Act 1987) is the Manufacturer.
13. LIMITS OF LIABILITY
13.1 The Vehicle is sold strictly on the condition that the Customer has inspected the Vehicle and has satisfied himself of its suitability for his purposes and of its satisfactory quality. The Customer acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and forecasts and representations made by the Dealer to the Customer do not form part of this Contract and in respect of such specifications, details, forecasts and representations the Dealer shall be under no liability nor shall the Customer be entitled to any remedy under the provisions of the Misrepresentation Act 1967.
13.2 The Dealer’s total liability for the aggregate claims of the Customer arising out of a single act or default of the Dealer (whether due to the Dealer’s negligence or otherwise) shall not exceed the Purchase Price.
13.3 Nothing in this Contract shall be construed as limiting or excluding any liability of the Dealer which may not by law be excluded.
14.1 Without prejudice to any of its other rights and remedies the Dealer shall be entitled (without penalty) to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Customer terminate the Contract at any time:-
a) following the occurrence of any of the events specified in clause 8.4; and/or
b) if the Dealer reasonably believes that the Customer is in breach in whole or in part of any warranty and/or representation made to the Dealer including but not limited to that confirming that the Customer does not intend to resell the Vehicle for commercial purposes.
15. FORCE MAJEURE
15.1 The Dealer shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract. Failure to deliver the Vehicle by reason of any of the aforementioned contingencies shall entitle the Customer to cancel the Contract and the provisions of clause 4.1 shall apply.
16. MANUFACTURERS TERMS AND CONDITIONS
16.1. If the goods to be supplied by the Dealer are new, the following provisions apply:-
16.2. The agreement and the delivery of the goods shall be subject to any terms and conditions which the manufacturer may or Concessionaire may from time to time lawfully attach to the supply of the goods or the resale of such goods by the Dealer and the Dealer shall not be liable to any failure to deliver the goods occasional by his inability to obtain them from the Manufacturer or Commissionaire or by his compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office.
16.3. The Dealer undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and he will use his best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by him to the Dealer or to the Customer in respect of the goods.
16.4. No allowance can be made for any part of the standard equipment supplied with the vehicle which the customer does not wish to take.
17. NOTICES AND GENERAL PROVISIONS
17.1 No waiver of any of the Dealer’s rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Dealer. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Dealer’s rights in relation to different circumstances or the recurrence of similar circumstances.
17.2 Any notice under these terms and conditions shall be properly given if in writing and sent by first class post or facsimile to the address of the intended recipient as stated in the Contract or to such address as the Dealer and the Customer from time to time notify to each other as their respective addresses for service and shall be deemed served, in the case of postal notice on the expiry of 48 hours from the time of posting, and in the case of facsimile upon completion of the transmission by the sender.
17.3 Each of these terms and conditions and each paragraph hereof shall be construed as separate conditions; should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Dealer’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective.
17.4 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any remedy or right of a third party which exists or is available apart from that Act.
17.5 This contract is subject to the law of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
18. Data Protection
The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Dealer, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Dealer, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Dealer by writing to the Dealer Principal at the Dealer’s address.
19. COMPLAINTS PROCEDURE
If you wish to make a complaint about our services please email us at email@example.com. More information regarding making a complaint can be found at the Financial Ombudsman Services (FOS) at https://www.financial-ombudsman.org.uk/