IF YOU DEAL AS A CONSUMER NOTHING BELOW AFFECTS YOUR STATUTORY RIGHTS UNDER THE SALE OF GOODS ACT 1979 OR THE UNFAIR CONTRACT TERMS ACT 1977 OR ANY STATUTORY MODIFICATIONS OR RE-ENACTMENTS OF THEM.
TERMS AND CONDITIONS FOR SALE OF PARTS
1 THE PURCHASER.
1.1 The Purchaser warrants that he contracts on his own behalf and not as the agent of any other person.
1.2 If two or more persons constitute the Purchaser the liability of those persons shall be joint and several.
2 SETTLEMENT TERMS.
2.1 Unless otherwise agreed in writing, no discount is allowed from the prices set out overleaf and the Purchaser must pay the price of the goods in full at the time he receives them.
2.2 If the Company in its sole discretion allows credit to the Purchaser, the terms of that credit shall be that
(i) the Purchaser shall pay in full the price of the goods on or before the 20th day of the month following the date of invoice, and
(ii) if payment has not been made in due time the Purchaser shall be liable to pay to the Company interest on the outstanding debt accruing daily at the rate of 2% above the National Westminster Bank Base Rate for the time being in force.
3 RETENTION OF TITLE.
3.1 The goods shall be at the Purchaser’s risk immediately on delivery to the Purchaser or into custody on the Purchaser’s behalf (whichever is the sooner).
3.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Purchaser until the Company has received in cash or by cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Purchaser for which payment is then due.
3.3 Until such time as the property in the goods passes to the Purchaser, the Purchaser shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the Purchaser and third parties and property stored, protected and insured and identified as the Company’s property. Until that time the Purchaser shall be entitled to resell or use the goods in the ordinary course of business, but shall account to the Company for the proceeds of sale or otherwise of the goods, whether tangible, or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the Purchaser and third parties and, in the case of tangible proceeds, property stored, protected and insured.
3.4 Until such time as the property in the goods passes to the Purchaser (and provided the goods are still in existence and have not been re-sold) the Company shall be entitled at any time to require the Purchaser to deliver up the goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and repossess the goods.
3.5 The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company, but if the Purchaser does so all moneys owed by him to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
3.6 Subject to any contrary requirement by the Company the Purchaser shall be entitled to affix the goods to or incorporate them in any other chattel which he owns, but if he does so –
(i) he shall hold that other chattel on trust to sell the same and pay to the Company such proportion of the proceeds of sale as the value of the goods or to the value of the other chattel at the time of addition/incorporation and
(ii) if he shall sell or supply that other chattel before making payment of the price he shall hold the proceeds of sale or supply for and on behalf of the Company;
(iii) the Company shall be entitled to demand and receive payment of any proceeds of sale or supply held on his behalf by the Purchaser and for that purpose it shall be entitled to receive an account of the proceeds of sale and to trace the same to any property, investment or financial account
4 RETURNED GOODS
4.1 Notwithstanding any general practice which the Company may adopt the Purchaser hereby acknowledges that the Company is not bound to accept the return of the goods which have been duly supplied pursuant to an order.
4.2 The Company will never accept the return of goods which it has ordered specially to meet the Purchaser’s order.
4.3 If in its sole discretion the Company accepts the return of goods it shall be entitled to deduct from the allowance which it makes an administration and handling charge either representing 20% of the price payable or £2, whichever is the greater. The Company shall only be bound to make allowance for the original price of the goods and not for any subsequent increase in their listed price.
5 PART EXCHANGE. If the Company agrees to give the Purchaser an allowance against the goods for a used part then –
(i) the Purchaser shall pay the price for the goods in full in accordance with clause 2 above, and
(ii) the Purchaser shall be entitled to the agreed allowance only if he delivers to the Company within 28 days of the date of delivery of the goods (1) the used part and (2) the Company’s invoice for the goods (by way of support for his claim).
6 SOURCE OF SUPPLY. Parts which are in short supply from the manufacturer may be supplied by the Company from other sources. The Company may also supply equivalent Parts not supplied by the Manufacturer. Details are available on request.
7 DESCRIPTION, QUALITY, COMPLAINTS, LIABILITY.
7.1 Where the Purchaser deals as consumer within the meaning of the Unfair Contract Terms Act 1977 the goods are sold with the benefit of any conditions as to description, quality and fitness which may be implied by ss.13 and 14 of the Sale of Goods Act 1979.
7.2 Where the Purchaser does not deal as consumer within the meaning of the Unfair Contract Terms Act 1977 –
(i) the Purchaser warrants that he will examine the goods within 24 hours of taking delivery of them, and the Company will accept no liability for any cause whatever unless the Purchaser notifies the Company of his cause of complaint within 24 hours of taking delivery of the goods;
(ii) if for any reason whatever the Company shall be held liable to the Purchaser, that liability is hereby limited so as to exclude loss of profit, loss of earnings and other consequential loss of any kind.
8 NOTICE. Any notice to be given pursuant to this Agreement by the Company to the Customer may be given by posting it in a first class pre-paid letter addressed to the Customer at the address given overleaf, and each such notice shall be deemed to have been served on the second working day after the day of posting.
9 WAIVER. No relaxation or indulgence which the Company may at any time extend to the Customer shall prejudice or act as a waiver of the Company’s strict rights under this Agreement.
10 INTERPRETATION. This Agreement shall be governed by English Law. Where the context so admits, words importing one gender shall include the other gender and words importing the singular shall include the plural and vice versa.
11 ARBITRATION. Any dispute or difference of any kind whatsoever which arises or occurs between the Customer and the Company in relation to any thing or matter arising under, out of or in connection with this Agreement shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators.
12 OTHER TERMS AND CONDITIONS. The Purchaser accepts that the goods are sold and purchased subject to the above provisions notwithstanding any provision inconsistent therewith contained in any conditions which the Purchaser has heretofore or may hereafter bring to the Company’s notice.
SERVICE TERMS OF BUSINESS
The Company will accept business only on its standard terms set out hereunder and delivery of a vehicle to the Company for repair or service shall indicate acceptance of such terms and constitute a waiver of any other contractual conditions notwithstanding the customer’s order may imply the contrary.
SPECIFIC CUSTOMER’S OBLIGATIONS
1. The customer shall remove all personal property from the vehicle before delivery to the Company and the Company shall not be responsible for the loss or damage however so caused of customer’s property which shall be inadvertently left in the vehicle.
2. Any defects in the vehicle which may render it dangerous in any way must be drawn to the Company’s attention at the time of delivery to the Company and since vehicles may be stored in the open customers must ensure that the vehicle is adequately protected for this eventuality.
1. Estimates: Any verbal estimate as to the charge for work to be done is provisional only and is not binding upon the Company. Estimates in writing are subject to the conditions printed thereon and to the terms hereof.
Insurance Companies: When instructions are given by insurers to repair a customer’s vehicle such insurers shall be deemed to be the customers’ Agent for the purpose of giving such instructions and the customer remains liable for such repair undertaken by the Company.
2. Scope of Work: The Company is entitled to carry out in the course of the work ordered all such extra repairs and replacements (by new or reconditioned parts) as it may consider necessary for the proper running of the vehicle and such extras shall be charged to the customer.
3. Disposal of Parts: Worn and damaged parts will be disposed of immediately unless the customer gives written instructions to the contrary when ordering the work.
4. Charges: Unless the charge for the work is specified in a written estimate given to the customer it is to be based on the time taken or time scheduled plus materials and/or parts used in carrying out the work.
5. Deposits: The Company may require a deposit to be paid by the customer prior to the commencement of work to cover the cost of replacement parts purchased by the Company and such deposit will be forfeit to the Company should the customer subsequently withdraw his order without prejudice to any other rights the Company may have for breach of the Contract or otherwise.
6. Customer Assurance: Work apparently covered by the Manufacturers Customer Assurance Policy (warranty) will be carried out without charge pending the acceptance by the manufacturer, but in the event of non acceptance by the manufacturer the charge will be rendered later and will be immediately payable. If at any time of repair there is any doubt about the entitlement during the assurance period, the work will be charged pending the outcome of the approach the Company will make to the manufacturer. Any overcharge will then be refunded.
7. Completion: The Company does not specify a time for completion of the work and shall not be liable in any circumstances for delay in completing the works.
8. Payment: Accounts must be paid on or before completion of the work. The Company is entitled to retain customers vehicles until the account has been fully paid unless sufficient credit facilities have been agreed and confirmed by the Company’s Accounts Department. A cheque given by the customer in payment shall not be treated as a discharge until the same has been cleared.
9. Storage: A storage fee will be charged for any vehicle not collected within fourteen days of completion of the work and customers are informed that the acceptance of all vehicles for repair (or servicing as appropriate) by the Company at these premises is subject to the provision of the Torts (Interference with Good) Act, 1977 which confers on the Company a right to sell the vehicle if not collected when ready for re-delivery. The above storage terms are applicable to vehicles remaining on the premises after fourteen days where no instructions for repair (or servicing as appropriate) have been given to the Company in writing.
11. Consumer Transactions: Nothing herein contained is intended to affect, nor will it affect a consumer’s statutory right under the Sale of Goods Act, 1893 as amended by the Supply of Goods (Implied Terms) Act, 1973 or the Unfair Contract Terms Act, 1977.
Vehicle Sales Terms of Business
1.1 We, etc., means Morrisons Garage Ltd, or Morrisons (Land Rover) Ltd referred to as Morrisons
1.2 You, etc., means the buyer
1.3 The vehicle means the vehicle identified overleaf which, in Auction Sales, the buyer agrees to purchase at Auction; in Buy To Order, which you have asked us to find; and in Showroom Sales and in Trade Sales it means the vehicle, which the buyer has agreed to purchase.
2.1 Our salesmen have no authority to make any representation or statement at all about the vehicle. We do not accept liability for any representations or statements about the vehicle, its quality or its fitness for any purpose whatever.
2.2 No contract will come into existence between you and us unless we have both signed the order form. Any other agreements, representations or statements must be included in the written contract.
3.1 In return for your deposit we agree to remove the vehicle from sale and to carry out our standard valet and pre-delivery check.
3.2 If any defects are found during the check, which we cannot remedy at reasonable cost, then you and we will have the option to cancel this contract.
3.3 If you cancel the contract after the pre-delivery check we will deduct its cost from your deposit. However, there will be no charge if the cancellation is due to any defects discovered during the check.
4. Conditions as to quality of the vehicle etc.
4.1 The vehicle sold to you is a used car (unless expressly stated otherwise) and we warrant that it is of satisfactory quality within the meaning of the Sale of Goods Act 1979, after making due allowance for its type, age and apparent condition, and any other relevant factors.
4.2 The vehicle is sold to you with the benefit of our thirty-day warranty, which runs from the date of collection in respect of all mechanical and electrical parts only.
4.3 It is your responsibility, before signing our order form, to examine the vehicle yourself, as we are not responsible for any defects, shortcomings, or differences in specification that a reasonable examination would reveal.
4.4 If we tell you of any defects or other shortcomings or differences in specification, or if you notice any, or if a reasonable examination would have revealed them, then we will not be in breach of our warranty that the vehicle is of satisfactory quality by reason only of those defects, shortcomings or differences in specification.
4.5 In the instance where we agree to outside rectification work on your vehicle, we will agree to pay up to a maximum of £40 per hour (excluding any diagnostic charges which may be incurred)
4.6 A courtesy car cannot be guaranteed in the event that your vehicle breaks down or experiences a failure within the first 30 days from delivery.
4.7 Sometimes we do not have the security-code when we refit the radio prior to delivery. We cannot guarantee that the security-code will be available on delivery, but will notify you of the code as soon as we receive it. We also remove service-records and manuals, which we will return to the car on delivery. Unfortunately, we do not always receive full sets of manuals, service-records or full sets of spare keys. We can only give you the documents and keys we receive
5. Delivery and cancellation
5.1 We will try to have your vehicle ready for collection by the estimated delivery date (if we have given one). We cannot guarantee delivery by any date. We are not obliged to fulfill orders for vehicles in the sequence in which they are placed.
5.2 If the vehicle is not ready for collection within twenty-one days of the estimated delivery date, or if we have not given an estimated delivery date, you may give us notice in writing requiring delivery of the vehicle within seven days of receipt of that notice. If we do not make the vehicle available for collection within those seven days, then this contract will be cancelled. We will then return your deposit.
5.3 We will only deliver the vehicle to you when payment in full has been made. It will be your responsibility to make arrangements to collect the vehicle from us during our normal opening hours once we have notified you that it is ready for delivery.
6. Call Centre Deposit/Internet Deposit/ Holding Deposit
6.1 We neither sell vehicles by telephone nor on-line.
6.2 If you are interested in a vehicle which you have seen advertised then you can pay a deposit to us over the phone.
6.3 If we accept your deposit then this will become a Refundable Holding Deposit. We will hold the vehicle to allow you to see it but there is no commitment from us to sell nor from you to buy.
7.1 Once you have visited our showrooms, if you decide to buy this vehicle (or any other vehicle) then you will be asked to sign an Order Form incorporating our standard Terms and Conditions for Showroom Sales.
7.2 If we agree to sell you a vehicle, then your Holding Deposit will become non-refundable except in the circumstances set out in our standard Terms and Conditions for Showroom Sales.
9.1 In return for your deposit we agree to look for a vehicle matching the description you have given us; we do not undertake to find it
9.2 If we have not found a suitable vehicle within 14 days then either you or we can cancel this contract in writing and we will return your deposit.
9.3 If we do find a vehicle, which matches the description you have given us, then you agree that you will buy that vehicle from us at the price stated and once the vehicle is bought, the deposit will not be refunded.
10. Standard Terms and Conditions
10.1 We agree to sell the vehicle (if we have found it) subject to our standard Terms and Conditions for Showroom Sales. You will be asked to sign a copy of our Order Form, which includes these Terms and Conditions when we accept your deposit
11. Trade Sales Conditions applicable
11.1 These Terms and Conditions shall apply to all contracts for the sale of vehicles, accessories or other goods by us to you to the exclusion of all other Terms and Conditions including any Terms or Conditions which may be mentioned in any purchase order, confirmation of order or similar document delivered to us. Our salesmen are not authorised to make contracts on any other basis
11.2 No contracts will come into existence between you and us unless and until we have both signed an order form.
12. (trade cont) Conditions as to quality of the vehicle etc.
12.1 The vehicle sold to you is a used car (unless expressly stated otherwise). This is a trade sale and the vehicle is sold as seen
12.2 We will carry out our standard pre-delivery check. You should inspect the vehicle as soon as you receive it. If you discover a serious defect and you return the vehicle to us within 48 hours of delivery (in the same condition as we delivered it) then we will refund your payment
12.3 We exclude all other warranties about the description, condition or quality of the vehicle. We will not be liable for any defect whether hidden or not.
12.4 You agree that it is reasonable to exclude any other warranty because you are a motor trader who is used to dealing in vehicles as seen, you will have the opportunity to carry out your own inspection and because the price reflects the risks.
13. Auction Sales Conditions applicable
13.1 These Terms and Conditions shall apply to all contracts for the sale of vehicles, accessories or other goods by us to you to the exclusion of all other Terms and Conditions including any Terms or Conditions which may be mentioned in any purchase order, confirmation of order or similar document delivered to us. Exclusion of all warranties to quality of the vehicle etc.
13.2 The vehicle sold to you is a used car (unless expressly stated otherwise). The vehicle is sold as seen.
13.3 The Auction is only open to registered Trade Buyers. You will have an opportunity to inspect the vehicle prior to the auction. You must make your own assessment of the vehicle.
13.4 We make no promise and give no warranty about the age, mileage, description, condition, performance or quality of the vehicle. We exclude any warranty that the vehicle is roadworthy, or that it satisfies any legal requirements.
13.5 You agree that it is reasonable to exclude any other warranty because you are a motor trader who is used to dealing in vehicles as seen, you will have the opportunity to carry out your own inspection and because the price reflects the risks.
14.1 Our salesmen and the auctioneer have no authority to make any representation or statement at all about the vehicle. We do not accept liability for any representations or statements about the vehicle, its quality or its fitness for any purpose whatever
15. Payment and Ownership
15.1 This sale is strictly cash on delivery. We will only deliver the vehicle to you when payment in full has been made.
15.2 You must pay within 24 hours of the conclusion of the Auction. Time is of the essence. If you do not pay in full within 24 hours, we reserve the right to cancel the contract or to claim damages for any loss which we suffer, or both.
15.3 The vehicle and all accessories remain our property until you have paid the price in full.
15.4 You must pay in cash or ensure that cleared funds are received into our bank account within the 24 hours.
15.5 The vehicle must be removed from our premises within 24 hours of the auction. If the vehicle is not removed within 24 hours, then a charge of £20 per day or part day will be charged.
16. Vehicle already sold
16.1 Occasionally we make a mistake and try to sell you a vehicle which we do not have; either because it has already been sold or due to some other error in our records.
16.2 If it transpires that we have already sold the vehicle, or our records are otherwise at fault, then the contract between us will be cancelled. We will not be under any liability to you.
17.1 Sometimes the price shown for your vehicle on our price list may be incorrect. This can be because we have received the wrong paperwork from the person who has supplied the vehicle to us, or due to other mistakes in record-keeping. As you will appreciate, we price our vehicles by adding a profit margin to the cost of the vehicle to us.
17.2 If, before we deliver the vehicle to you, we discover that we have made a mistake in pricing, then we reserve the right to notify you of the correct price. You will then have the option either to proceed with the purchase at the correct price, or to cancel the contract. If you choose to cancel the contract then we will return your deposit to you.
18.1 You must pay for the vehicle in full (and/or deliver your part-exchange vehicle to our showroom) within seven days of being notified that the vehicle is ready for delivery. If you do not pay the full price within seven days, then we reserve the right to treat non-payment as a repudiation of the contract, and to cancel the contract. Your deposit will then be forfeit, and we will have the right to claim any additional damages, loss or expense which we have incurred as a result of the failure to pay and the cancellation.
18.2 Alternatively we may, at our option, ask you for an agreed extra deposit to hold the vehicle for a further fixed period. If you pay the extra deposit, then you must pay the full price within that further period. If you do not, then we again reserve the right to treat non-payment as a repudiation of the contract, and to cancel the contract. Your deposit (including the extra deposit) will then be forfeit, and we will have the right to claim any additional damages, loss or expense which we have incurred as a result of the failure to pay and the cancellation.
19.1 The vehicle and all accessories remain our property until you have paid the price in full. If you pay by cheque, then that will not be treated as payment until the cheque has cleared and we have received the funds into our bank account
20. Part-exchange vehicle
20.1 If we have agreed to accept payment in part or in full of the price for the vehicle, by an allowance in respect of your own vehicle, then the following further Terms and Conditions apply.
20.2 You warrant that your vehicle belongs to you absolutely, and that there are no claims, charges or any other encumbrances.
20.3 If you have disclosed that your vehicle is the subject of a hire purchase or similar agreement, which can be terminated by a cash payment, then the agreed allowance for your vehicle will be reduced by the amount which we have to pay to discharge the hire purchase or other agreement.
20.4 You warrant that your vehicle is of satisfactory quality, and it is your responsibility to point out to our staff any known defects or problems with the vehicle, you warrant that to the best of your knowledge that the mileage recorded is accurate and that the odometer reading has not been changed.
20.5 You must deliver your vehicle to us in the same condition as at the date we examined it, subject to fair wear and tear.
20.6 You must deliver your vehicle to us within seven days of being notified that our vehicle is ready for delivery to you.
21. Finance agreements.
21.1 If we have agreed that the vehicle will be supplied to you via a finance agreement, then these Terms and Conditions will apply as part of a collateral contract between you and us, with any necessary modifications as a result of the vehicle being sold by us to a finance company