In these Conditions, the following definitions apply:
“CAB” Citizen’s Advise Bureau; “Conditions” the terms and conditions set out in this document as amended from time to time; “Contract” the contract between the Seller and the Customer for the sale and purchase of the Goods and/or a Customer Vehicle (as applicable) comprising the Order and these Conditions; “CCRs” The Consumer Contracts Regulations 2013; “Customer” the person or firm who purchases the Goods from the Seller; “Data Protection Legislation” means the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003 and any other data protection laws and regulations applicable in the UK (or in any relevant part thereof), including, if and when it is in force, the General Data Protection Regulation (EU) 2016/679 or similar and any codes of practice, guidelines and recommendations issued by the Information Commissioner, any replacement body or other relevant supervisory authority; “Goods” the vehicle, vehicles and/or parts specified to be purchased by the Customer on the Order; “Order” the Customer's order for the Goods as set out in the Customer's purchase order form; “Price” the total price for the Goods, including such sums relating to car tax as the Seller is legally bound to pay at the date of delivery, as set out in the Order, or as varied in accordance with clause 3.5; “Seller” WAYLANDS AUTOMOTIVE LIMITED (registered in England and Wales with company number 10253292); “TSO” Trading Standards Office; “Territory” the European Union (including the United Kingdom), European Free Trade Association, Channel Islands and Isle of Man; and “Vehicle” means any vehicle (other than where used in the definition of Customer Vehicle and Part Exchange Vehicle) which is to be supplied as the Goods or part of the Goods.
2.1 These Conditions apply to the Contract to the exclusion of any other terms that are implied, or the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Contract constitutes the entire agreement between the parties.
2.2 The Order shall only be deemed to be accepted when the Seller issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.3 Any part exchange allowance in respect of a Part Exchange Vehicle (as defined in clause 5) is subject to acceptance in writing by the Seller.
2.4 Any purchase by the Seller of a Customer Vehicle (as defined in clause 5) is subject to acceptance in writing by the Seller, at which point the Contract shall come into existence.
- NEW VEHICLE
If the Goods comprise a new vehicle (“New Vehicle”) then the following conditions shall apply:
3.1 the Customer shall be entitled at his own expense to make such tests and inspections as are reasonable before the delivery of the New Vehicle;
3.2 the New Vehicle may be delivered with minor alterations to the specification of the New Vehicle from the sample seen by the Customer. Changes may also be made to the specification of the New Vehicle in order to comply with applicable safety, statutory or other regulatory requirements;
3.3 the New Vehicle shall have the benefit of such standard warranty from the manufacturer as is provided by the manufacturer as at the date of delivery. The New Vehicle shall also have the benefit of such separate warranty from the Seller as is provided by the Seller as at the date of delivery for a further period of time commencing from expiry of the manufacturer's warranty. Details of the terms of the manufacturer’s and Seller's warranty can each be obtained from the Seller on request;
3.4 the sum payable by the Customer in respect of value added tax shall be such as the Seller is actually required to account for in respect of the New Vehicle at the time the relevant taxable supply occurs, and any statement of such tax contained in the Order shall be deemed to be an estimate and liable to be varied accordingly;
3.5 if the manufacturer or concessionaire shall vary its recommended or cost price for the New Vehicle in any way after the date of the Order but before supply of the New Vehicle, the Seller shall be entitled to give the Customer written notice that it intends to vary the Price and shall specify the proposed variation. The Customer shall have the right within 28 days of receipt of such notice to cancel the Order and obtain reimbursement of any deposit paid. If the Customer fails to give such notice the price as varied by the Seller's notice shall become the Price;
3.6 if the manufacturer of the New Vehicle ceases to make the New Vehicle the Seller may cancel the Order by notice in writing to the Customer. The Seller shall then refund to the Customer any deposit paid.
- USED VEHICLE
If the Goods comprise a used vehicle (“Used Vehicle”) then the following conditions shall apply:
4.1 the Customer shall be entitled at its own expense to make such tests and inspection that are reasonable before delivery of the Used Vehicle;
4.2 the Customer confirms that prior to submitting the Order he has examined and driven the Used Vehicle and has determined its condition and quality and fitness for purpose. The Customer is reminded that the condition of satisfactory quality implied by Section 14(2) of the Sale of Goods Act 1979 does not operate in respect of defects which such examination should reveal. If the Goods are sold subject to defects notified by the Seller to the Customer prior to signing the Order such condition of satisfactory quality does not apply in relation to those defects;
4.3 the Used Vehicle is supplied where the Customer is a consumer (unless otherwise specified) as roadworthy at the date of delivery, however the Seller excludes all liability for defects, either brought to the Customer’s attention at or before the time of sale, or which should reasonably have been noted during inspection by the Customer; and
4.4 the Seller shall use its reasonable endeavours to obtain for the Customer the benefit of any warranty given by the manufacturer for any accessories fitted as new to the Used Vehicle.
- PART EXCHANGE
5.1 Where the Customer offers, and the Seller accepts a used vehicle in part exchange of the sale and purchase of the Goods (“Part Exchange Vehicle”), a deduction shall be made from the Price of an amount specified in the Order or, (where the Order does not specify an amount) of an amount agreed by the Customer and the Seller.
5.2 Where the Customer offers, and the Seller accepts a used vehicle as a transaction independent to the purchase by the Customer of any Goods (“Customer Vehicle”), payment of the price in pounds sterling for the Customer Vehicle as agreed between the parties in writing shall be due in full on or before delivery of the Customer Vehicle.
5.3 The purchase of the Part Exchange Vehicle or Customer Vehicle (as applicable) shall be subject to the following conditions:
5.3.1 that the Part Exchange Vehicle or Customer Vehicle (as applicable) is the absolute property of the Customer free from all encumbrances; or
5.3.2 if Part Exchange Vehicle or Customer Vehicle (as applicable) is subject to a hire purchase agreement or other finance agreement it is capable of cash settlement by the Seller and that any part exchange allowance agreed shall be reduced by the amount required to settle the outstanding debt.
5.4 If the Part Exchange Vehicle or Customer Vehicle (as applicable) has been examined by the Seller prior to confirmation of acceptance of the Order it shall be delivered to the Seller in the same condition as at the date of such examination with the exception of fair wear and tear. If the Part Exchange Vehicle or Customer Vehicle (as applicable) changes in a material way (including but not limited to covering more than 250 miles subsequent to inspection by the Seller) before the Seller takes possession, the Seller shall be entitled to amend the price it offered.
5.5 The Part Exchange Vehicle shall be delivered to the Seller on or before supply of the Goods to the Customer and title to Part Exchange Vehicle shall pass to the Seller immediately upon such delivery; and the Customer Vehicle will be delivered to the Seller no later than 7 days after the date of the Contract (as applicable).
5.6 The Customer represents and warrants that it will supply the following documentation for the Part Exchange Vehicle or Customer Vehicle (as applicable) before completing the purchase: V5 registration document, current MOT certificate and a full service history. Proof of the Customer's identity and verification that the Customer owns the Part Exchange Vehicle or Customer Vehicle (as applicable) may be required. The V5 document must be given to the Seller at the time the Seller takes delivery of the Part Exchange Vehicle or Customer Vehicle (as applicable).
5.7 If an Order is cancelled by either the Seller or the Customer in accordance with these Conditions, the Seller shall not be obliged to purchase the Part Exchange Vehicle or Customer Vehicle (as applicable).
- PAYMENT AND PASSING OF RISK
6.1 Unless otherwise agreed in writing:
6.1.1 payment of a deposit of 10% or as agreed of the Price in pounds sterling shall be due on acceptance of the Order by the Seller, and
6.1.2 payment of the Price in pounds sterling less the deposit paid shall be due in full on or before delivery of the Goods.
6.2 Time of payment is of the essence of the Contract.
6.3 Until the Price has been paid in full in cleared funds by the Customer the Goods shall remain the property of the Seller and the Customer shall:
6.3.1 hold the Goods on a fiduciary basis solely as bailee for the Seller;
6.3.2 store the Goods separately from its own goods or those of any other person so that they remain readily identifiable as the Seller's property;
6.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
6.3.4 notify the Seller immediately if it becomes subject to any of the events listed in clause 10.1; and
6.3.5 not pledge or in any way charge the Goods by way of security for any indebtedness.
6.4 If before payment in full in accordance with clause 6.3 above the Customer becomes subject to any of the events listed in clause 10.1, or the Seller reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Seller may have, the Seller may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored or thought to be stored in order to recover them.
6.5 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Seller in order to justify withholding payment of any such amount in whole or in part. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Seller to the Customer.
6.6 The Goods will be the responsibility of the Customer and at the risk of the Customer until the Goods are returned to the Seller.
7.1 Any delivery date given (whether specified in the Order or otherwise) is approximate only and the time of delivery is not of the essence. Until clause 7.4 has been invoked the Customer shall have no right to demand the refund of the deposit or to cancel the Order should that date not be adhered to. Furthermore, the Seller shall not be liable for any damages or claims of any kind in respect of such delay caused wholly or partly by factors outside its control. The Seller shall not be required to supply Goods in the sequence in which orders are placed. The Seller shall not be obliged to deliver the Goods until payment of the Price has been made in accordance with clause 6.
7.2 Delivery shall take place at the Seller's place of business, from where the Customer shall collect the Goods unless agreed otherwise prior to delivery (“Delivery Location”) within 14 days of the Seller notifying the Customer that the Goods are ready.
7.3 The actual time of delivery of a Vehicle will be the time that the keys to the Vehicle are passed to the Customer or the Customer's agent, otherwise the actual time of delivery of the Goods shall be upon the completion of loading of the Goods at the Delivery Location.
7.4 If the Seller fails to deliver the Goods within 28 days of any estimated date of delivery stated in the Order and the Customer has paid the Price in accordance with clause 6, then the Customer may by notice in writing to the Seller require delivery of the Goods within 10 working days of receipt of such notice. If the Goods are not delivered to the Customer within the said 10 working days the Contract shall be cancelled, and the Customer's deposit shall be refunded. The Customer's deposit shall not bear interest.
7.5 If the Customer shall fail to take and pay for the Goods within 14 days of being notified by the Seller that they are ready for collection the Seller shall be entitled to treat the Order as cancelled by the Customer and any deposit paid may be forfeited. The Seller may sell the Goods for the best price reasonably obtainable and the Customer shall be liable for any loss, cost and expenses incurred by the Seller. If the Customer shall fail to collect the Goods having paid in full and title having passed to the Customer, then the Seller may store the Goods at the Customer's expense for a period of 90 days. If collection has not taken place within 90 days the Goods may be sold by the Seller on behalf of the Customer at a reasonable price and the proceeds shall be sent to the Customer at his last known address.
7.6 Subject to clauses 7.4 and 12, if the Customer cancels the Order then any deposit paid shall be forfeited and the Seller may sell the Goods for the best price reasonably obtainable. The Customer shall be liable for any loss, cost and expense incurred by the Seller as a result of such cancellation.
7.7 If through no fault on the part of the Seller the Goods are not delivered to the Customer within 30 days after the date of the Order or the estimated delivery date, whichever is the later ("the delivery period") the allowance to be made in respect of any Part Exchange Vehicle shall be reduced by an amount not exceeding 2.5% per month or part month commencing from the expiry period and ending on the actual date of delivery of Goods to the Customer.
- EXPORT PROHIBITED
8.1 If the Goods comprise a New Vehicle or a Used Vehicle that is less than 6 calendar months old (either an “Export Prohibited Vehicle”), then the Customer shall not (a) within three calendar months of the first registration of Export Prohibited Vehicle, and, (b) during the period in which Export Prohibited Vehicle has less than 3,000 kilometres or 1,864 miles registered on the clock:
8.1.1 export or attempt to export the Export Prohibited Vehicle outside of the Territory; or
8.1.2 sell the Export Prohibited Vehicle to a third party who exports or attempts to export the Export Prohibited Vehicle outside of the Territory.
8.2 If the Customer exports, or allows the Export Prohibited Vehicle to be exported, outside of the Territory in breach of clause 8.1 then the Seller will be in breach of its agreement with Waylands and liable to pay Waylands 14.1% of the list value of the Export Prohibited Vehicle and accordingly the Customer shall indemnify the Seller against such liability and any other liability which the Seller has to Waylands in relation to the export of the Export Prohibited Vehicle in breach of these Conditions.
8.3 If the Customer breaches clause 8.1 then the Customer will reimburse the Seller any discount afforded to the Customer by the Seller against the list price of the Export Prohibited Vehicle.
8.4 In addition, breach of clause 8.1 will cause the Seller to suffer further loss and damage, including damage to the Seller’s goodwill, damage to the Seller’s relationship with Waylands and loss of dealer awards from Waylands which the Seller estimates would amount to an additional £10,000. The Customer therefore agrees that they shall pay such sum to the Seller as liquidated damages in addition to the sums set out above. The parties confirm that, where clause 8.1 is breached, this sum represents a genuine pre-estimate of the Seller’s loss in respect of this damage.
8.5 The Customer (including a finance or leasing company, where applicable, and provided that such company has agreed to be bound by these Conditions) represents and warrants that:
8.5.1 the Export Prohibited Vehicle is not being purchased by them with a view to resale with commercial gain within a period of six calendar months of the date that the Export Prohibited Vehicle is delivered; and
8.5.2 where the Customer is an individual, that he or she is resident in the Territory; or
8.5.3 where the Customer is a body corporate its place of business is within the Territory; or
8.5.4 where the Customer is a finance company, that the Export Prohibited Vehicle is purchased on behalf of an end-user named in the Contract with prior written authority, and that such end-user is resident or has its place of business within the Territory.
8.6 The Seller reserves the right to cancel the Order if it reasonably believes that any of the warranties set out in clause 8.5 are untrue.
8.7 Should the Customer breach clauses 8.1, 8.5 or 15.1.1, then the limitations at clause 13 shall not apply to that breach and the Customer shall be liable for all and any indirect and consequential loss, including loss of profit caused to the Seller by such breach.
If the Customer fails to make any payment due to the Seller under the Contract by the due date for payment (“Due Date”), then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
- CUSTOMER'S INSOLVENCY OR INCAPACITY
10.1 Without affecting any other right or remedy available to the Seller, the Seller may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Seller without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due if:
10.1.1 the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due;
10.1.2 the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
10.1.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer;
10.1.4 (being an individual) the Customer is the subject of a bankruptcy petition or order;
10.1.5 a creditor or encumbrancer of the Customer attaches or takes possession of the whole or any part of its assets and such attachment or process is not discharged within 14 days;
10.1.6 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
10.1.7 (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver or a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
10.1.8 the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business; or
10.1.9 the Seller reasonably believes that one of the events in clauses 10.1.1-10.1.8 is about to occur and has notified the Customer accordingly.
- FORCE MAJEURE & MISTAKE
The Seller reserves the right to defer the date of delivery or to cancel the Contract if: (i) it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller (including acts or omission of the Supplier’s subcontractors); or (ii) if the Seller has made any mistake on the Order, including an incorrect price.
- RETURNS POLICY FOR SALES CONDUCTED AT A DISTANCE PURSUANT TO THE CCR
12.1 If the Goods are offered to the Customer away from the Seller’s normal place of business (e.g. any off-trade premises), the CCRs will apply. The Seller considers the signing of the Order as being confirmation of an offer being made and accepted by the Customer. Advice about the Customer’s legal rights pursuant to the CCRs is available from the Customer’s local CAB or TSO.
12.2. The CCRs and this clause 12 apply to consumers only. (The definition of a consumer is “an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.”) The CCRs and this clause 12 do not apply to those working as a motor trader or dealer.
12.3 Should the Customer wish to apply for a refund, the Customer must contact the Seller (which must also be immediately confirmed in writing) within 14 days of accepting delivery of the Goods.
12.4 If the Customer has applied for a refund pursuant to clause 12.3, the Customer will be required to return the Goods to the relevant dealership of the Seller without undue delay at a pre-agreed date and time and in any event not later than 14 days after the day on which the Customer informs the Seller that the Customer wishes to apply for a refund (unless agreed otherwise by the Seller). Unless the Goods are faulty or not as described (in relation to which clause 12.5 applies), the Customer will be responsible for the cost of returning the Goods. If the Seller has offered to collect the Goods, the Seller will charge the Customer the direct cost to it of collection.
12.5 If the Customer has applied for a refund of the Goods because they are faulty or mis-described, the Seller will refund the Price in full, together with any applicable delivery charges, and any reasonable costs the Customer incurs in returning the Goods. As a consumer, the Customer has legal rights in relation to Goods are faulty or not as described. These legal rights are not affected by their right of return and refund in this clause 12.5. Advice about the Customer’s legal rights is available from their local CAB or TSO.
12.6 The Goods should be returned in the same condition and specification as they were delivered. Specifically, the mileage of a returned Vehicle should be no more than 250 miles above what it was at the time of purchase. The Customer must ensure that the Vehicle is returned with the same items that it was sold with, including but not limited to service packs, manuals, locking wheel nuts, entertainment systems, tools and keys. If the mileage exceeds 250 miles as stated above or the Vehicle is returned without the same items that it was sold with or the Customer has already modified, adapted or personalised the Goods the Customer will have no right of cancellation. The Seller reserves the right to reduce the Customer’s refund for any excessive use or to reflect any reduction in the value of the Goods which has been caused by their handling them in an excessive way.
12.7 The V5 registration document must be returned as soon as the Customer receives it from the DVLA. The Seller reserves the right to purchase the road fund licence for the Vehicle at the refundable value.
12.8 A refund will be processed within 14 days from the date on which the Goods are received back and inspected by the Seller. A refund will be executed in the same way that the payment was originally made (with the possible exception of cash deposits or deposits from part-exchange arrangements). If any of the above conditions in this clause 12 are not met or excessive use has occurred, then appropriate deductions will be made from the refund.
12.9 If the cancelled Contract involved a part-exchange, the Seller will return the Part Exchange Vehicle or pay the agreed part-exchange value to the Customer at its discretion. Any additional Goods purchased will be cancelled and the fees will be returned to the Customer.
12.10 If the Customer has committed to a finance agreement, the finance company must be informed immediately of the cancellation in writing by the Customer. The Customer will be liable for any early termination fees. The Seller will use its reasonable endeavours to avoid such fees and only apply then if the finance provider charges such a fee.
- LIMITATION OF LIABILITY
13.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:
13.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
13.1.4 defective products under the Consumer Protection Act 1987; or
13.1.5 any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
13.2 Subject to clause 13.1 and clause 8.7:
13.2.1 the Seller shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, or any indirect or consequential loss arising under or in connection with the Contract;
13.2.2 neither party shall be responsible for any of the following losses: (a) loss of revenue or income; or (b) loss of anticipated savings; or (c) loss of data; or (d) loss of profits, or (e) wasted time; and
13.2.3 the Seller's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
13.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- FINANCE COMPANIES
Notwithstanding the Conditions the Customer may, at any time prior to the expiry of 7 days after notification to him that the Goods are ready for delivery, arrange for a finance company to purchase the Goods from the Seller at the Price. Provided that the finance company has agreed to be bound by these Conditions, the Conditions of the Order shall apply to such purchase with the finance company save that the Part Exchange Vehicle for which an allowance was agreed to be made to the Customer shall be purchased by the Seller at a price equal to such allowance upon the conditions set out in clause 5 above and the references to 'delivery' or 'delivered' in relation to the Goods shall be construed as meaning delivery or delivered by the Seller to or to the order of such finance company) and the Seller shall be accountable to the finance company on behalf of the Customer for the said allowance and any deposit paid by the Customer in respect of the Order.
15.1 Data Protection. The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and the Supplier is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The Supplier may collect, store and otherwise process personal data (Personal Data has the meaning defined in the Data Protection Legislation) of the Customer including the name, address, email address, and telephone number in order to fulfil its obligations under the Contract and to provide the Goods to the Customer (including to process payment for the Goods). If the Customer agrees, to this during the order process, the Supplier may process the Customer’s data to provide the Customer with information about similar products that the Supplier provides but the Customer may stop receiving this at any time by contacting the Supplier. The Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier for the purposes of the Contract.
15.2 Assignment and subcontracting
15.2.1 Neither party may assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the other party.
15.2.2 The Seller reserves the right to cancel the Order, without any liability whatsoever, should the Customer attempt to or purport to transfer or assign the Contract in breach of this clause.
15.3.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, or fax.
15.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.2.1; if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second working day after posting; or, if sent by fax, the next working day after transmission.
15.3.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.4.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
15.4.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable
15.5 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.6 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
15.7 Variation. Except as set out in these Conditions, any variation to the Contract shall only be binding when agreed in writing and signed by the Seller.
15.8 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.
Aftersales Terms and Conditions
Nothing herein contained is intended to affect, nor will it affect, a consumer’s statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any amendment thereof
- These terms and conditions, together with the details set out overleaf, are intended to contain all the terms of the agreement between us (the Company) and you (the Customer) relating to the repair, servicing or other work described overleaf (“the work”) to the vehicle identified overleaf (“the vehicle”) and/or the supply of goods, parts or other things to be supplied by the Company, whether or not in conjunction with the work (“the Goods”). If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives.
- If we agree any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new Agreement.
- This Agreement is made in Scotland, shall be subject to the exclusive jurisdiction of the Scottish courts and shall be governed and construed in accordance with Scottish law.
- You warrant that you owe the Vehicle or are duly authorised by the Owner to enter into this Agreement for the Work to be done on it on these terms.
- An estimate is our considered approximation of the likely cost of the Work and/or goods and is valid for 14 days from when we send it to you.
- Any estimate is based on the published price for the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice within 14 days cancelling this Agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
- Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten per cent (10%) of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
- If you have left the Vehicle with us for an estimate but have not accepted the estimate or have refused it but have failed to collect the Vehicle, within 14 days of the date of the estimate or (if later) the date of cancellation, we may charge you, at our published rates in force at that time, for the storage of the Vehicle from the end of that period.
- All estimates are exclusive of any applicable Value Added Tax.
COMPLETION OF WORK AND PAYMENT
- We will use our best efforts to do Work or supply Goods within any time estimate we have given you but will not be liable for delays due to any cause outside our control.
- We shall be entitled to sub contract all or any part of the work but will be responsible for the quality of the sub-contractors’ work.
- If for any reason we do not carry out the Work in full, we will charge you only for Goods actually supplied or fitted and a reasonable amount for any Work actually done.
- We will notify you when the Work is complete and the Vehicle and/or the Goods are ready for collection and (unless you have a credit account with us, n which case you must comply with the terms agreed in relation to the operation of such account) you must pay for the Work and/or Goods upon collection.
- All payments must be made in cash or by a UK credit/debit card, unless we have agreed to accept a cheque, in which case the cheque must be drawn on a UK clearing bank and received not less than five banking days before you collect the Vehicle and/or Goods.
- We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods in full.
- If you fail to pay the full amount due and collect the vehicle/and or goods:
16.1. Within 7 days of being notified that the work is complete and/r the goods are ready for collection we charge you, at our published rates in force at that time, for the storage of the vehicle from the end of that period;
16.2. Within 3 months of being notified that the work is complete and/or that the goods are ready for collection, we may (after giving you 7 days notice of our intention to do so if you have not paid the full amount due and collected the vehicle and/or goods before such notice expires) sell the vehicle and/or goods, deduct the amount owing to us (including statutory interest, storage charges and the costs of sale) and pay the balance to you.
- Unless otherwise agreed in writing, the goods will be deemed to have been delivered to you at our premises when you collect them.
- We will retain all parts replaced during any work done, except for any to be returned under warranty or service exchange arrangements, until the vehicle is collected, and will be free to dispose of them as we fit you do not specifically ask for them when collecting the Vehicle.
TRANSFER OF OWNERSHIP AND RISK
- The goods will continue to belong to us until you have paid for them in full. You will, however, be responsible for any loss or damage from when they are delivered to you and should insure accordingly. A cheque will not be treated as payment until it has been cleared.
LOSS, DAMAGE AND LIABILITY
- We will carry out the work with reasonable care and skill and warrant it will remain free of defects in workmanship for a period of 12 months or 12,000 miles, whichever occurs sooner, from the date the work is completed. However, this warranty will not apply if the vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your (a) failing to inform us promptly of the defect and allowing us promptly to examine the vehicle and endeavour to remedy the defect (b) misusing or neglecting the vehicle or using or permitting it to be used for racing, rallying or similar sports (c) failing to comply with instructions from the manufacturer or from us concerning the treatment, maintenance and care of the vehicle and/or goods or to have it/them serviced in accordance with the manufacturer’s instructions (d) fitting the vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer or (e) altering the vehicle and/or goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.
- We will sell the goods with the benefit of the relevant manufacturer’s warranty. The manufacturer’s warranty is additional to your statutory rights and is not affected by any change of ownership of the goods. Remedial work under the manufacturer’s warranty may be carried out by any dealer in the EEA authorised directly or indirectly by the manufacturer, who may repair or replace any defective goods or (if he considers repair or replacement uneconomic) refund an appropriate part of the price you paid for them. For full details, visit the manufacturer website.
- If the work includes painting then, if the metal to be painted is rusted, we will take all reasonable precautions to prevent rust penetrating the paint after completion of the work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
- You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the goods.
- Except where you are acting as a consumer, and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this Agreement to the amount you have paid for the work and/or goods and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
- You should remove any items of value not related to the vehicle as we will not accept any liability for loss or damage to these which is not caused by our own negligence.
- We will accept the return of any Goods which you did not order specifically, provided that you return them, in the same condition as when supplied, within 5 working days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handling charges for returned goods.
- If this agreement has been concluded without any face to face contact between us or anyone acting on our respective behalves, you may give notice cancelling this agreement before we begin the work or (as the case may be) within 7 days of taking delivery of the goods, whereupon you must either return the goods to us or make them available for us to collect at your expense. You must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
- Save as above, we will not accept the return of any good which are not defective.
- Any notice given under this Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf and shall be deemed to have been received in due course of post.
- For parts fitted in a warranty repair, the warranty period for that part ends at the expiry of the warranty period of the vehicle.
All information contained on this website is Copyright 2018 Waylands Automotive. Its reproduction, distribution or transmission by any means without prior permission of Waylands Automotive. All rights reserved. The Volvo logo is a registered trademark of Volvo Cars Limited. Waylands Automotive has made every effort to ensure that all information displayed on this site is accurate. However, you are advised that vehicles are shown for illustration only, and that actual models may differ. Prices are correct at time of being advertised. All offers supersede all previous offers and cannot be used in conjunction with any other offer. We are licensed credit brokers. Finance is subject to status and is available to over 18s only. Guarantees and indemnities may be required. Full terms and conditions of any promotions may be obtained from Waylands Automotive by emailing email@example.com.
47 Castle Street
Company registration numbers:
Waylands Automotive Limited: 10253292
Fawcett’s Garage (Newbury) Limited: 01166664
J.F.O’Hanlon (Chief Executive)
J.M.Smullen (Finance Director)