Terms and Conditions for the Sale of new
or used Vehicles
1.DEFINITIONS AND INTERPRETATION
1.1 In these terms unless the context requires otherwise:
1.3 These terms together with the terms set out on the Order constitute the entire agreement between the parties with respect to the Contract and may only be varied with the express consent in writing of the Seller. Any variations so agreed shall not constitute a new contract, but shall be deemed to be an amendment of this Contract.
2. FORMATION OF CONTRACT
2.1 The Order is the Purchaser's offer to purchase the Vehicle upon these terms. The Contract is formed upon the Seller accepting that offer by the Seller signing and dating the Order.
2.2 The Contract is personal to the Purchaser, who shall not assign the benefit of the Contract without the prior written consent of the Seller.
3. CANCELLATION
3.1 The return of any deposit paid will depend on how Contract is cancelled
3.1.1if the Contract is cancelled further to the Seller's consent or pursuant to clauses 3.2, 4.5, 5.3 or 14, then the Seller shall return to the Purchaser any deposit paid and thereafter the Seller shall have no further liability to the Purchaser under the Contract; or
3.1.2 where clauses 3.2, 4.5, 5.3 or 14 do not apply and the Purchaser purports to cancel the Contract without the Seller's prior written agreement, then the Seller 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 Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract.
3.2 If the Goods are purchased via a distance contract as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Purchaser may within fourteen (14) days of delivery cancel the contract and require the Seller to refund the Purchase Price without delay, and in any case by the end of fourteen (14) days of the Vehicle being returned to Seller. In this instance, the Purchaser must keep the Vehicle in a reasonable condition and return the Vehicle or make it available for collection and pay the Sellers' reasonable costs of collection.
3.3 The Purchaser is not entitled to cancel the Order where the Vehicle is to be produced or customised to the Purchaser's specification. The Purchaser will not be entitled to a refund if it cancels an Order in these circumstances.
4.DELIVERY
4.2 Unless otherwise specifically agreed in writing 'delivery' means the Seller making the Vehicle available at the Seller's premises for collection by the Purchaser once the Purchase Price has been fully paid to the Seller. Risk in the Vehicle shall pass on delivery.
4.3 The Seller 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.
4.4 Once the Seller informs the Purchaser that the Vehicle is ready for delivery, the Purchaser shall have seven (7) days from the day after the date of notification in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the Vehicle.
4.5 The Purchaser shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full, and if the Purchaser fails to pay, the Seller shall be entitled to treat the Contract as terminated by the Purchaser. Until the Contract is so terminated the Seller may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Seller 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 Seller treats the Contract as terminated by the Purchaser, the Seller may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Purchaser and sell the Vehicle and retain the proceeds of the sale.
4.6 If the Seller fails to deliver the Vehicle within thirty (30) days after the Estimated Delivery Date, and the Purchaser has paid the Purchase Price, the Purchaser may give seven (7) days' notice to the Seller requiring delivery. Failing such delivery the Purchaser may cancel the Contract.
4.7 If the Vehicle is a new vehicle, the Seller may at any time cancel the Contract if the Manufacturer ceases to make that type of vehicle.
5.PRICE AND PRICE VARIATION
5.2 The Seller reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of car tax or value added tax between the date of the Order and the date of delivery and the Purchaser shall be bound to pay the price as so varied.
5.3 If before the date of delivery a change occurs in the Manufacturer's (or relevant concessionary's) price for the Vehicle or any Accessory, the Seller shall notify the Purchaser of the amount of such change and whether it intends to increase or reduce the Purchase Price. The Seller, at its sole discretion, may choose not to reduce the Purchase Price where the Manufacturer (or relevant concessionary) has reduced the Price.
5.4 Where clause 5.2 applies, the Purchaser may cancel the Contract within fourteen (14) days after the date of a notice if the Seller intends to increase the Purchase Price or where the price decreases and the amount by which the Seller intends to reduce the Purchase Price, is less than the amount of the reduction in the Manufacturer's price.
5.5 If the Seller is unable to supply any Accessory (of whatever nature) the Seller may at its option either substitute a reasonable equivalent or delete the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in question.
5.6 The Seller's inability to supply an Accessory shall not constitute a breach of contract nor entitle the Purchaser to terminate the Contract or reject the Vehicle.
6. METHOD OF PAYMENT
6.2 Unless otherwise agreed by the Seller the Purchaser shall pay the Purchase Price by direct transfer of cleared funds to the Seller's bank account (such account details to be notified by the Seller to the Purchaser) or by debit card (transaction fees may apply). At the Seller's discretion, cash (above £7,500 per Contract) and credit card payments are not acceptable unless specifically agreed in writing by the Seller.
6.3 Where the Seller agrees to payment by cheque pursuant to clause 6.1, the Seller will only accept a cheque if the Seller receives the cheque at least five (5) clear Working Days before the Estimated Delivery Date. Payment shall not be deemed to have been made until cleared funds are received at the Seller's bank.
6.4 An agreement to accept payment on credit terms shall be effective only if in writing and signed by the Seller. Any agreed credit period shall commence from date of delivery of the Vehicle and unless otherwise specified shall be seven (7) days.
6.5 The Seller reserves the right at any time prior to payment to request banker's or any other references as to the Purchaser's financial status. Failing receipt of satisfactory references, the Seller may withdraw any agreement to allow credit and require full payment of the Purchase Price before delivery.
6.6 Interest will be charged to the Purchaser 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 Barclays 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 Seller (whether made before or after judgment 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: the date of delivery of the Vehicle or the date which is seven (7) days after notice from the Seller to the Purchaser that the Vehicle is ready for delivery.
7. TITLE
7.2 Notwithstanding delivery, until the Seller has received from the Purchaser payment of all sums payable to the Seller both beneficial and legal title to the Vehicle remain in the Seller.
7.3 Whilst title in the Vehicle remains in the Seller, the Purchaser:
7.4.1.2 if any of the following happens to the Purchaser:
7.5
The Seller may by notice to the Purchaser revoke the Purch aser's power
of possession and use of the Vehicle: 7.5.1.2 if the Seller has any
doubt as to the ability or willingness of the Purchaser to pay to the
Seller any sum on the due date; and/or,
7.5.1.2 if the Seller has reason to believe the Purchaser is in breach of term of this Contract or any other contract with the Seller.
7.6
Upon revocation or termination of the Purchaser's power of possession
and use of the Vehicle, the Purchaser shall yield up the Vehicle in good
condition to the Seller and (if so required by the Seller) at its own
expense deliver the Vehicle to an address in the United Kingdom
specified by the Seller and shall be deemed irrevocably to authorise the
Seller to enter upon any of its premises with or without vehicles for
the purposes of recovering the Vehicle.
7.7
The repossession of the Vehicle by the Seller in accordance with this
clause shall be without prejudice to all or any of the Seller's rights
or remedies against the Purchaser.
8. FINANCE ARRANGEMENTS
8.2 Notwithstanding the following provisions of this Contract, the Purchaser may, within seven (7) days after receiving notification that the Vehicle is ready for delivery, arrange for a finance company to purchase the Vehicle from the Seller for the Purchase Price upon the same terms (other than the identity of the Purchaser) as this Contract. Upon payment of the Purchase Price the finance company so introduced shall be deemed to be the purchaser of the Vehicle (and all references to the Purchaser shall be construed accordingly) and the Seller will deliver the Vehicle to the order of such finance company (and all references to delivery of the Vehicle shall be construed accordingly, delivery to the Purchaser first named in the Order being deemed to be effective delivery on the order of the finance company).
8.3
If the Purchaser introduces the sale of the Vehicle to a finance
company, as specified in clause 8.1, the provisions of this Contract as
regards the Purchaser originally named in the Order shall then cease to
have effect with the exception of the terms relating to the Part
Exchange Vehicle (if any) which shall continue to have effect, with one
variation; the Seller shall, on behalf of the Purchaser, account for the
Allowance and any deposit paid under this Contract to the order of such
finance company. The finance company shall thus be substituted as the
Purchaser of the Vehicle hereunder.
8.4 The purchase of the Vehicle by the finance company at the request of the Purchaser shall not release the Purchaser from its obligations under clauses 10 and 12 to inspect the Vehicle and satisfy itself that the Vehicle is suitable for the Purchaser's purposes.
9. PART EXCHANGE VEHICLE
9.2 The provisions of this clause 9 shall apply if the Purchaser has proffered a Part Exchange Vehicle. Where the Seller agrees to allow part of the Purchase Price to be discharged by the Purchaser's delivering to the Seller the Part Exchange Vehicle the Allowance is offered and received and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract between the Purchaser and the Seller) on the terms set out in clauses 9.2 to 9.7.5.3
9.3 The Purchaser passes to the Seller good title to the Part Exchange Vehicle either:
9.4 The Seller 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 terms of the Part Exchange Vehicle as delivered to the Seller before or at the time of delivery of the Vehicle to the Purchaser is substantially the same as that existing at the time of the Sellers most recent examination (fair wear and tear excepted).
9.5 Risk in and title to the Part Exchange Vehicle shall pass to the Seller on delivery.
10. USED VEHICLES
10.2 If the Vehicle is a used vehicle, the Vehicle is sold:
10.2.1.1 subject to any defects which the Seller has drawn to the Purchaser's attention prior to the Purchaser placing the Order; and
10.2.1.2 subject to any defects which the Purchaser discovered or ought to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Purchaser has carried out such examination) and in that regard the Purchaser acknowledges that the Purchaser has been afforded the opportunity to examine the Vehicle
11.WARRANTY AND PRODUCER DETAILS
11.2 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 Seller's premises. The benefit of such warranty is in addition to any implied statutory warranty on the part of the Seller.
11.3 Unless otherwise specified by notice to the Purchaser, the producer of the Vehicle (for the purposes of section 2 of the Consumer Protection Act 1987) is the Manufacturer.
11.4 The warranties contained in this Clause are in addition to any legal rights implied in favour of a purchase of goods and/or services.
12. LIMITS OF LIABILITY
13.TERMINATION
13.2. Without prejudice to any of its other rights and remedies the Seller 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 Purchaser terminate the Contract at any time:
13.2.1.1.1 following the occurrence of any of the events specified in clause 7.3; and/or
13.2.1.1.2 if the Seller reasonably believes that the Purchaser is in breach in whole or in part of any warranty and/or representation made to the Seller including but not limited to that confirming that the Purchaser does not intend to resell the Vehicle for commercial purposes.
14.FORCE MAJEURE
14.2. The Seller shall not be liable to the Purchaser 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. The Seller shall notify the Purchaser of any relevant force majeure event as soon as practicable. Failure to deliver the Vehicle, within [2] months of the Estimated Delivery Date, by reason of any of the aforementioned events shall entitle the Purchaser to cancel the Contract and the provisions of clause 3.1 shall apply.
15. NOTICES AND GENERAL PROVISIONS
15.2. No waiver of any of the Seller's rights under the Contract shall be effective unless in writing signed by the Seller. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Seller's rights in relation to different circumstances or the recurrence of similar circumstances.
15.3 Any notice under these terms 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 one party may from time to time notify to the other as their respective addresses for service and shall be deemed served, and 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.
15.4 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 Sellers liability then such provision shall apply with such modification as may be necessary to make it valid and effective.
15.5 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.
15.6 The construction and operation of this Contract shall be governed by English law and the Purchaser agrees to be bound by the non-exclusive jurisdiction of the English courts.
Distance contract and off-premises contract Cancellation terms and conditions.
The Following terms can be inserted into your standard terms and conditions in order to ensure they comply with the above regulations.
Please note that these are provided as an example only and will so need to be tailored to your particular situation in order to provide full protection.
Bespoke Terms
8.You shall send back the goods or hand them over to you selected Dealership, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
9.You will bear the cost of returning the goods.
16.14 Day Money-Back Guarantee
Applies to all vehicle’s ordered and delivered from 5th January 2021 that are delivered via home delivery or via 'click and collect' at a dealership without the customer having had the opportunity to test drive it.
Customers in this position can return the car to the dealership within 14 days from delivery/collection date and receive a full refund (and cancellation of any finance arranged through us) providing the vehicle is returned in the same condition with all keys, manuals etc and with no more than 20 miles usage.
The customer will be responsible for arranging return to the dealership and for any costs of doing so. If the V5 has not yet been received by the customer and cannot be returned with the car, a sum of £250 shall be retained from the refund until such time as the original V5 is provided, or the dealership is able to submit the registered keeper change online.
Any part-exchange vehicles will be paid at the agreed valuation unless a return of the part-exchange vehicle is agreed. Any return of the part-exchange vehicle would be without any liability for the condition of the part-exchange. Excludes commercial vehicles.
For goods purchased at a distance, the 14-day cooling period starts from the date you take ownership of the goods. You can cancel the goods at any time from the moment you place your order and up to 14 days from the date they arrived.
Terms and Conditions for Aftersales Service
Definitions and Interpretation
1.1 In these terms unless the context shall require otherwise.
Company: means All Electric Garages Group Plc (Company Number 896825) and/ or any of its subsidiaries as detailed
overleaf and its successors and assigns;
1.2 These terms constitute the entire agreement between the Parties with respect to the Contract and no amendment or addition thereto shall be effective unless agreed in writing by the Company. These terms may not be varied without the express consent in writing of the Company. Any variations so agreed shall not constitute a new contract, but shall be deemed to be an amendment of this Contract.
1.3 Headings are for convenience only and shall not effect the construction of these terms. The masculine shall include all genders and the singular shall include the plural. Any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
1.4 Any typographical, clerical or other error or omission in any Estimate, Order, acknowledgement of Order, invoice or other document issued by the Company shall be subject to correction without liability on the part of the Company.
2. Formation of Contract
2.1 The Customer’s request to the Company to carry out Work or supply Goods are an offer to enter into a contract upon these terms. Acceptance takes place and the Contract is formed upon the first of the following to occur:
2.2 The Contract is personal to the Customer and the Customer shall not assign the benefit of the Contract without the prior written consent of the Company.
2.3Nothing in these terms shall affect the Customer’s legal rights as they may be from time to time.
3. Customer’s Insurer
3.1 In the event the Company carries out Work, and/or supplies Goods on the authority of the Customer’s insurer, the Customer’s insurer will be deemed to be the Customer and all references to the Customer will be construed accordingly save that this provision will not relieve the Customer from liability to pay the Company any amount due for the Work and/or Goods which is not recovered or recoverable by the Company from the Customer’s insurer.
4.Estimates
4.1 Estimates do not constitute an offer by the Company and are valid for seven (7) days from the date stated thereon unless otherwise agreed in writing by the Company.
4.2 If the Customer delivers the Vehicle to the Company for the purposes of an Estimate being prepared and does not either give instructions for the carrying out of the Work or collect the Vehicle within seven (7) days from the date of the Estimate, the Company shall be entitled either to store the Vehicle itself or have it stored by third parties (as the Company may in its absolute discretion think fit) and to charge the cost of such storage for the period from the 8th day after the date of the Estimate until the Customer collects the Vehicle having paid to the Company storage costs. The Customer shall be deemed to have given instructions to the Company for the storage of the Vehicle for such period and the Company shall be constituted a bailee for reward and obtain a lien against the Vehicle for its reasonable storage charges during such a period.
4.3 Unless otherwise agreed in writing by the Company if, during progress of the Work, it appears that the Estimate will be exceeded by a significant amount, the Company will cease performing Work and notify the Customer of the anticipated costs and will not resume performance of Work until it has received the Customer’s express permission (which need not be in writing) to do so.
5. Prices and Charges
5.1Prices stated in any Estimate or communicated to the Customer are based on the prices current at the date of the Estimate or communication.
5.2 The Company reserves the right to vary the Price by any amount attributable to a change in the Customer’ instructions or any variation in cost to the Company for goods, materials, and/or labour required for the performance of the Contract (including taxes or any other costs whatsoever) between the date of the Estimate and the date of Completion or payment (whichever is the later).
6.Time
Dates and times given for completion of Work and/or delivery of Goods are estimates only. In relation to this Clause 6 only time is not of the essence. The Company will use reasonable endeavours to perform Work or supply Goods within the time specified (if any) to the Customer.Where a date and/or time for completion is not provided, the Company shall endeavour to carry out the Works and/or deliver the Goods within a reasonable time. Subject to Clause 11 the Customer shall not be entitled to reject Work and/or Goods completed or delivered later than the estimated date. The Company may suspend or delay delivery and shall not be liable to any loss or damage or delay occasioned by failure to deliver Goods and/or complete Work on the estimated delivery date or time.
7.Completion and payment
7.1 Unless otherwise expressly agreed in writing by the Company:
7.2 The Company shall notify the Customer when Goods on order from a supplier are ready for collection. If the Customer fails to pay for and take delivery of such Goods within seven (7) days of such notice, the Company shall (without prejudice to its other rights and remedies under the Contract) be entitled to treat the Contract as repudiated and to sell the Goods.
7.3 Goods ordered from stock shall be delivered upon payment of the Price.
7.4 Upon Completion of Work the Company shall advise the Customer that the Vehicle is ready for collection and the Customer shall be obliged to pay for Work and/or Goods supplied and collect the Vehicle. The Customer will pay the Company for all Work done and Goods supplied and any storage charges and all other amounts payable to the Company under these terms before the Vehicle may be removed from the Company’s premises.
7.5 If for any reason Work requested by the Customer is not carried out in full, the Company will charge a reasonable amount for any Work actually done and the then current Price for any Goods supplied.
7.6 If the Customer fails to pay the Price and/or collect the Vehicle within seven (7) days after Completion the Company shall be entitled to store the Vehicle or to have it stored by third parties (as the Company in its absolute discretion may think fit) and to charge the Customer the cost of such storage for the period from the eighth day after Completion until the Vehicle is either collected by the Customer or sold pursuant to clause Such storage charges shall be added to and form part of the Price. The Customer shall be deemed to have given instructions to the Company for the storage of the Vehicle for such period and the Company shall be constituted a bailee for reward and obtain a lien against the Vehicle for its reasonable storage charges daring such period.
7.7 If the Customer is in breach of any obligation hereunder to take delivery of the Vehicle, the Company may serve on the Customer notice pursuant to the Sale of Goods Act 1979 of its intention to sell the Vehicle upon the expiry of three months from the date of such notice. If the Customer shall fail within such period to pay all monies due to the Company and take delivery of the Vehicle, the Company may sell the Vehicle. Upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after the deduction of all monies due to the Company inclusive of any interest and overdue amounts and all costs of sale.
7.8 Interest will be charged on all sums due under or by way of damages for breach of Contract at the rate of [2%] per annum above the base rate of [Barclays Bank Plc] from time to time in force. This 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 must pay the Company interest together with any overdue amount.
7.9 The Company may at any time at its absolute discretion appropriate any payment by the Customer to such outstanding debt as the Company thinks fit notwithstanding any purported appropriation to the contrary by the Customer.
7.10 The Company reserves the right at anytime to set off any sum payable by the Company under this or any other contract between the Company andthe Customer and any sum payable by the Customer to the Company under this Contract.
7.11 The Company reserves the right at anytime at its absolute discretion to demand security for payment, or a payment on account before continuing performance of an Order.
7.12 VAT will be charged on the Price at the rate ruling at the time of delivery of the Goods or completion or (if different) the basic tax point (as defined in regulations governing VAT from time to time in force).
7.13 The Company reserves the right to demand a payment to cover the Company’s administrative expenses of recovery (up to but not including issue of proceedings). Such charge shall be added to and form part of the Price if the Customer does not make payment in full for the Goods or Work on or before the due date.
8. Risk and Retention of Title
8.1 Unless otherwise specifically agreed in writing ‘delivery’ means the Company making the Goods available at the Company’s premises for collection by the Customer. Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer.
8.2 Until the Company has received payment in full of all sums owed to it on any account by the Customer, whether arising out of this Contract or any other contract, legal and beneficial title to the Goods shall remain in the Company (such Goods being referred to as Retained Goods).
8.3 The Customer may use Retained Goods and acknowledges that it shall be in possession of Retained Goods as bailee for the Company.
8.4 The Customer will store Retained Goods separately from its own Goods or those of any other entity, keep them safe, in good condition and clearly identifiable as the Company’s property with all identifying marks intact and legible.
8.5 The Customer irrevocably authorises the Company to enter upon its premises for the purposes of inspecting Retained Goods and identifying them as the Company’s property.
8.6 The Customer’s power of possession and use of Retained Goods shall terminate:
8.7 Upon suspension, revocation or determination of the power of possession and use of Retained Goods under this Clause the Customer shall place all the Retained Goods in its possession or under its, control at the Company’s disposal and shall be deemed irrevocably to authorise the Company to enter upon any of its premises with or without vehicles for the purpose of removing such Goods.
8.8 The repossession of Retained Goods by the Company in accordance with this clause shall be without prejudice to all or any of the Company’s other rights or remedies against the Customer.
9. Loss or Damage
9.1 The Company is only responsible for loss of or damage to any Vehicle or its accessories caused by the negligence of the Company or its employees.
9.2 The Company does not exclude or limit its liability for fraud, breach of law or for death or personal injury arising from its negligence or any liability to the extent the same may not be excluded or limited as a matter of law.
9.3 Subject to clause 9.2 above, the Company’s liability, arising whether directly or indirectly in connection with this Contract or the performance or non-performance of the Company’s obligations hereunder and whether in contract, tort (including negligence) or for any other reason whatsoever shall not exceed Price in respect of any one event or series of connected events.
9.4 The Company shall not have any liability under this Contract, howsoever arising for loss of profits (direct or indirect), loss of opportunity, or any consequential,indirect or economic loss.
9.5 The parties agree that the Customer will remove from the Vehicle any content not affixed to the Vehicle. Notwithstanding the foregoing, the Company will not be liable for the loss or damage to any such content.
10. Replacement Parts
10.1 Unless the parties agree otherwise, any Goods and/or parts so replaced shall become the property of the Company to dispose of as it deems fit.
11. Cancellation
11.1 If the Customer is acting as a consumer (meaning an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession) in a distance contract (as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and the Contract:
11.2 In the event the Customer is acting as a consumer in a distance contract as detailed In Condition 11.1 concerning the supply of Work, and the Company commences such Work within fourteen (14) days of the date of the Contract being concluded, the Customer will not have the right to cancel.
11.3 In the event the Contract is cancelled in accordance with Clause 11.1 (i) the Customer is under a duty to retain possession of, take good care of and following cancellation restore to the Company the Goods in a reasonable condition. The Customer will pay to the Company forthwith upon request any reasonable costs incurred by the Company in recovering the Goods.
If the Customer cancels the Contract in accordance with this Clause 11 and the Company has received the Price from the Customer, the Company will within the end of fourteen (14) days of the later of:
11.4 Subject to Clause 11 no Order which has been accepted by the Company may be cancelled by the Customer except with the consent of the Company and on terms that the Customer indemnifies the Company in full against all reasonable loss (including, without limitation, loss of profits), costs, damages, charges and/or expenses incurred by the Company as a result of cancellation.
12 Returned Goods
12.1 Subject to Clause 11, the Company may (in its absolute discretion) agree to rescind the Contract to the extent that it is for the supply of Goods and accept return of Goods upon the following conditions:
13. Sub-Contracting
13.1 The Company shall be entitled to appoint sub-contractors for the performance of its obligations under the Contract.
14 Health and Safety
14.1 Upon delivery of a Vehicle to the Company the Customer shall immediately inform the Company of any circumstances or matters known to him which render the Vehicle unsafe or in a hazardous condition.
14.2 For the purposes of section 2 of the Consumer Protection Act 1987, the producer of Genuine Parts is the Manufacturer, whose address is available from the Company on request.
14.3 The instructions for use, cautionary notices and other technical notices supplied to the Customer with the Goods have been prepared by the relevant manufacturer of the Goods. The Customer should read such notices carefully. The Company shall not be liable for any loss or damage suffered by the Customer through the Customer’s failure to read and comply with instructions specified in such notices.
15. Warranties
15.1 The Company assigns to the Customer the benefit of the applicable Manufacturer’s warranty (if any) for Goods supplied and/or fitted to the Vehicle.
15.2 No warranty will apply if and to the extent that a defect is caused or worsened by any of the following:
15.3 The Company warrants Work will be free from defects for a period of three (3) months from Completion or until the Vehicle has covered 3,000 miles following Completion (whichever occurs sooner) (the “Warranty Period”).
15.4 If the Work includes painting then:
15.5 If within the Warranty Period material defects in the Work and/or Goods are discovered and:
15.6 The Company’s liability for defective Work and/or Goods is limited in all circumstances to remedying the Work and/or, Goods and supplying (where necessary) replacement parts and/or Goods. Completion of such remedial Work and/or supplying of replacement parts and/or Goods shall constitute fulfilment of the Company’s obligations under the Contract.
15.7 Without prejudice to Clause 15.2, the Company’s liability under this Clause applies only to defects appearing whilst the Vehicle has been used and driven in a proper manner and serviced in accordance with the Manufacturer’s recommendations and in particular (but without limitation) the Company shall not be liable in the case of defects arising out of normal deterioration, failure to follow the Manufacture’s instructions or improper or faulty handling of the Vehicle.
15.8 The warranties contained in this Clause are in addition to any legal rights implied in favour of a purchase of goods and/or services. The Company shall use reasonable care and skill in carrying out the Works. Where the Company does not exercise reasonable care and skill, the Customer may request the Company repeat or repair the Works to that standard.
15.9 Nothing in these terms shall be construed as limiting or excluding the Company’s liability under the Consumer Rights Act 2015 or for death or personal injury resulting from its negligence (as defined in section 1 of the Unfair Contract Terms Act 1977).
16 Force Majeure
16.1 The Company shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control or owing to any, inability to procure parts or material, required for the performance of the Contract.
16.2 The Company shall notify the Customer as soon as reasonably practicable after any circumstance preventing performance arise. During the continuance of such an event, the Company may, within its absolute discretion, withhold, reduce or suspend performance of its contractual obligations so far as prevented or hindered by such contingency without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by reason of any withholding ,reduction or suspension.
16.3 Should such event continue for more than one month either party may cancel the Contract and, subject to payment for any Goods supplied and/or Work done pursuant to the Contract, the Customer may collect the Vehicle and the parties’ respective obligations under the Contract shall be deemed to be discharged in so far as they are unable to discharge the same due to the force majeure event.
17 Miscellaneous
17.1 No waiver of any of the Company’s rights under the Contract shall be effective unless in writing signed by the Company. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Company’s rights in relation to different circumstances or the recurrence of similar circumstances. For the avoidance of doubt, silence or delay by the Company in asserting a right shall not be construed as a waiver.
17.2 Any notice under this Contract 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 one party shall from time to time communicate to the other as their respective addresses for service and shall be deemed served, in the case of postal notice, on the expiry of forty-eight (48) hours from time of posting and in the case of facsimile, on completion of transmission by the sender.
17.3 A person who Is not a parry to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
17.4 The construction and operation of this Contract shall be governed by English Law. The parties agree to submit to the non-exclusive jurisdiction of the English courts.