Car Sales Terms and Conditions
1. Definitions
1.1 “The Dealer”, the person who is the vendor of the goods to the customer.
1.2 “The Customer”, the person contracting for goods and services to be supplied by the Dealer.
1.3 “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession
1.4 “Goods” means all vehicles as defined or other things to be sold by the Dealer to the Customer.
1.5 “Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component thereof.
2. Whole Contract
2.1 These terms shall represent the whole contract between the Dealer and the Customer rand represent a binding sale.
2.2They may be varied only by written agreement between the parties.
3. Interpretation
3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4. Enforceability
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full effect. If by purchasing the vehicle it is believed the customer is in acceptance of all these terms stated in this whole agreement.
5. Used Goods
5.1 If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation) 1. Is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes. 2. Prior to paying for the goods the Customer shall examine the Vehicle and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
5.2 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.
5.3 Any manufacturer warranties shall automatically transfer over to the customer. Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract. Any amendments shall be in writing via email or letter.
6. Retention of Title and Risk
6.1 Risk of damage to or losses of the Goods are at the risk of the Customer as soon as they are delivered/collected into the physical possession of the Customer or their nominated representative.
6.2 It is the customers duty to make sure they have the correct level of insurance cover before they take possession of the vehicle. We do not provide any insurance once the customer takes physical possession of the vehicle and we will not be held liable for any claims made against the vehicle once the customer takes possession.
7. Payment
7.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery/collection. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full. The dealer shall furnish the customer with a paid receipt within 7 days of the full payment being received for the goods. Any outstanding balances for goods are to be paid within 7 days of delivery. Thereafter they may incur a fine of £25 after every 7-day cycle.
8. Place of Delivery
8.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises at 96-98 Cotton Street, Castle Douglas DG7 1AN
9. Part Exchange
9.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply. 1, that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle. AND 2, that such used Vehicle is the absolute property of the Customer and is free from all encumbrances, OR 3, that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.
9.2 If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).
9.3 That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.
9.4 That without prejudice to above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the Goods to be supplied by the Dealer are available for delivery.
9.5 If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.
9.6 In the event of the non-fulfilment of any of the foregoing conditions, other than above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.
10. Authority to Contract
10.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.
11. Distance Selling
11.1 The dealership does not operate an organised distance sales scheme
12. Dispute
12.1 Any complaints should be taken to Ashley Madeley, managing director in writing to 96-98 Cotton Street, Castle Douglas, DG71AN or via email to ashley@robertsongemini.co.uk
12.2 Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to https://www.smta.co.uk/making-a-complaint/ Where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
12.3 Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish Courts.
