WEST END GARAGE LIMITED

TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF GOODS & SERVICES

1. These terms and conditions, together with the details set out overleaf, are intended to contain all the terms of the agreement between us (the Vendor) and you (the Purchaser) relating to the sale and purchase of the Vehicle and/or Part(s)/Accessories described overleaf (“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.
   2. You must provide us with any information we need to comply with money laundering legislation and guarantee the accuracy of the information supplied.
   3. This Agreement relates to a purchase of a vehicle, you may arrange for a finance company to purchase it from us for the Purchase Price within 7 days of being notified that it is ready for delivery. The vehicle will then be delivered to the order of such finance company and all references to delivery of the vehicle shall be construed accordingly. When the finance company purchases the Vehicle, clauses 5, 6 and 9 to 18 inclusive of this Agreement shall cease to apply. The provisions of this Agreement relating to the Part Exchange Vehicle (if any) shall continue to apply but we shall account for the Part Exchange Allowance and any deposit paid under this Agreement to the finance company on your behalf.
   4. This Agreement is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law.

PRICE

5. 
   The Purchase Price is the price for the Goods, including where applicable and if individually itemised overleaf; accessories, car tax (vehicle excise duty), first registration fee, delivery, and VAT, current at the date of order. If the rate or amount of car tax, first registration fee, or VAT changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.
   6. If the Manufacturer or the Importer or other supplier of the Goods changes the recommended price after you have ordered them but before delivery, we will notify you in writing (email to suffice) of any revision we propose to make to the Purchase Price. If we propose an increase in the Purchase Price, or a decrease (which is less than the decrease in recommended price), you may give us written notice within 14 days of our notification of a change in price to cancel this Agreement, and clause 16 shall apply. If we do not receive written notification of cancellation within this period, the Purchase Price will be amended as per our written notification to you.
   7. If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we shall only be bound to do so if the Part Exchange Vehicle is:
   (a) your absolute property and warrant you are the legal owner; and

(b) free from any hire purchase agreement, charges or other encumbrances which you did not disclose to us before the date of order;

(c) delivered to our place of business with all spare keys, alarm remotes, registration documents, service documents, MOT certificate (where applicable) and all other appropriate documentation before we deliver the Goods to you; and

(d) in the same condition (subject only to fair wear and tear reasonable increase in mileage) on delivery to us as it was when we examined it before agreeing on the Part Exchange Allowance.

If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Vehicle or allow the Part Exchange Allowance against the Purchase Price and you may be required to pay the full Purchase Price before you can take delivery of the Goods.

8. If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount disclosed to us before the date of order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced Part Exchange Allowance and accept the Part Exchange Vehicle towards the Goods.

DELIVERY & PAYMENT

9. While we will endeavour to deliver the Goods by the estimated delivery date, we will not be liable for compensation of any delay in delivery due to reasons beyond our control. In the event of such a delay, we will contact you to agree an alternative delivery date.
10. We will give you written notice (email to suffice) by cancelling this Agreement at any time before delivery of the Goods, if the Manufacturer ceases to make the model or specification of the Goods you have ordered, or if we are unable to obtain them from the Importer or other Supplier, and clause 16 will apply.
11. If we are unable to supply any accessory (factory fitted or otherwise) for the Vehicle, we will notify you in writing (email to suffice), and within 7 days of being notified of the change, you may: (a) end the Agreement and receive a full refund before the changes take effect; (b) ask for a reasonable equivalent; or (c) ask to remove the accessory from the Agreement and adjust the Purchase Price accordingly by the price of such accessory. If we do not hear from you within 7 working days, we will make that choice for you.
12. If we fail to deliver the Goods within 42 days of the estimated delivery date, you may give us written notice (email to suffice) requiring delivery. If we fail to deliver within 14 days of receipt of such written notice (email to suffice), you may give us notice cancelling the Agreement and clause 16 will apply.
13. We will inform you when the Goods are ready for delivery, and you must pay the Purchase Price (less any deposit and/or Part Exchange Allowance) and take delivery within 14 days of our written notification to you (email to suffice). All payments must be in either; cash (the maximum amount of cash payment permissible being £5,000 including any deposit paid to us or directly into our Bank), banker’s draft or by UK credit/debit card (the maximum amount of card payment permissible being £1,000, we do not accept American Express or Diners Cards), unless we have agreed to accept a cheque, in which case the cheque must be received no less than 7 business days before delivery. If you fail to pay the Purchase Price and take delivery within 21 days of being informed that the Goods are ready for delivery, we may give you notice cancelling this Agreement and clause 17 shall apply.
14. You warrant that you do not intend to resell the vehicle for commercial purposes. If we discover before delivery that this warranty is untrue, we may give you notice cancelling this Agreement and clause 17 shall apply.

DISTANCE SELLING AND OFF-PREMISES CONTRACTS

15. Under the Consumer Contracts Regulation, If you are acting as a private consumer enter into this Agreement (a) without any face-to-face contact between us or anyone acting on our respective behalf up to and including the time at which the Agreement is concluded or (b) in the simultaneous physical presence of you and us, in a place which is not the business premises of us, you have the right to cancel this Agreement within 14 calendar days without giving any reason. The cancellation period will expire after 14 calendar days from the day after you or a third party acting on your behalf acquire the Goods. To exercise the right to cancel you must inform us of your intention to cancel the Agreement by a clear statement (e.g. in writing by post, fax, or e-mail) or by completing the cancellation form on our website www.westendgarage.co.uk. To meet the cancellation deadline, you must send your communication concerning your right to cancel before the cancellation period has expired.

EFFECT OF CANCELLATION

16. If we cancel this Agreement under clause 10, or if you cancel the Agreement under clauses 6, or 12, we will refund your deposit within 14 business days of receipt and acceptance of the cancellation by us and provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you.
17. By committing to purchase the Goods, if we cancel this Agreement under clauses 13 or 14, we will endeavour to sell the Vehicle to another person. If it is not sold within a reasonable time, we will sell it at auction. Within 7 days of the date of sale, we will give you a statement in writing showing the sale price and any additional costs we may have incurred in reselling the Vehicle and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sale price and additional costs of resale). If our loss is greater than your deposit, you must pay us the difference within 7 business days. We will provide you with copies of any receipts if you request them.

18.

(a) If you cancel this Agreement under clause 15, we will refund you all payment received from you, including the cost of delivery (unless you expressly chose a method more expensive than the least expensive option in which case we will reimburse the value of the least expensive delivery method). If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we have the option of either returning the Part Exchange Vehicle or refunding the Part Exchange Allowance. We may make a deduction from the refund for the loss in value for any goods supplied if the loss is the result of damage or unnecessary handling by you or an unreasonable increase in the recorded mileage of the vehicle. For the avoidance of doubt, any alteration, modification or personalisation of the Goods or driving more than 500 miles is going beyond what is necessary to establish the nature, characteristics and functioning of the Goods, therefore a deduction will be made.

(b) On cancellation, the Goods shall be immediately returned to the Vendor at the Purchaser’s expense.

(c) If you fail to deliver the Goods back to us within 14 calendar days, we may make a charge for the costs of recovering the Goods, which will be deducted from the final refund.

(d) On cancellation, any related credit agreement will be cancelled.

(e) We will make the refund without undue delay, and not later than 14 days after the day on which you returned the Goods supplied.

TRANSFER OF OWNERSHIP AND RISK

19. The Goods will continue to belong to us until the total Purchase Price has been paid in full. You will, however, be responsible for any loss or damage from when the Goods are delivered to you, and you should insure the Goods accordingly. A cheque will not be treated as payment until it has cleared. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Goods.

WARRANTY

20. If the Goods are new, we undertake that any pre-delivery work specified by the Manufacturer will be carried out and they will be sold with the benefit of the 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 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 parts or (if they consider repair or replacement uneconomic) refund an appropriate part of the Purchase Price.

Except where the Goods are delivered to the order of a finance company, we will supply you with a further copy of the Manufacturer’s warranty terms on delivery.

21. Except where you are buying as a consumer, and except for fraud or death or personal injury resulting from our negligence, we limit our liability for any breach of this Agreement to the amount of the Purchase Price and expressly exclude all liability for loss of profit, goodwill, or contracts and any indirect, consequential or economic loss.

NOTICES

22. Any notice given under this Agreement must be in writing and sent by first class post to the address of the person whom it is addressed as overleaf and shall be deemed to have been received in due course of the post the following business day if posted in the UK.

ALTERNATIVE DISPUTE RESOLUTION

23. We aim to resolve all disputes via our internal complaints procedure. If you are not satisfied following the conclusion of this procedure and your complaint does not relate to financial services,

The Motor Ombudsman will offer free impartial advice and, when appropriate, an Alternative Dispute Resolution (ADR) service. For further information, you can visit their website at

www.themotorombudsman.org or call their Consumer Advice Line: 0345 241 3008. Alternatively, you can write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN. If your complaint relates to a finance or insurance product, you may be entitled to refer this to The Financial Ombudsman Service, once we have provided you with our final response.

TERMS AND CONDITIONS FOR THE SERVICING, REPAIR AND, SUPPLY OF PARTS

GENERAL

1. These terms and conditions are intended to contain all the terms of the Contract between us (the Company) and you (the Customer) relating to the repair, servicing or other work described (“the Work”) to the vehicle identified on the sales invoice/job card and/or the supply of goods, parts or other items 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.
2. 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 Contract rather than a new Contract.
3. This Contract is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law.
4. You warrant that you own the Vehicle or are duly authorised by the Owner to enter into this Contract for the Work to be carried out on these terms.
5. You give us authority to access and drive the Vehicle whilst we carry out the Work. This includes undertaking reasonable mileage if it is deemed necessary by us for the purposes of diagnosis, repair and testing.

ESTIMATES

6. An estimate is our considered approximation of the likely costs of the Work and/or Goods and is valid for 30 days from when we send it to you in writing.
7. Any estimate is based on the published price of the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods change 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 10% of the total estimate, you may give written notice (email to suffice) within 14 calendar days to cancel this Contract. If we do not receive notice of cancellation from you in writing within this period, the estimate will be amended as proposed.
8. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than 10% of the original estimate, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
9. 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 calendar 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 the time, for the storage of the Vehicle until it is collected by you.
10. All estimates are inclusive of any applicable Value Added Tax at the date of the transaction (as amended from time to time).

COMPLETION OF WORK AND PAYMENT

11. 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 any delay due to reasons beyond our control.
12. 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.
13. 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.
14. 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 (in 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.
15. All payments must be made either by a UK credit/debit card (the maximum amount of card payment permissible being £1,000, we do not accept American Express or Diners Cards) or banker’s draft. We do not accept cash or cheques.
16. We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods in full.
17. If you fail to pay the full amount due and collect the Vehicle and/or Goods:

17.1 Within 7 days of being notified that the Work is complete and/or that the Goods are ready for collection, we may charge you a reasonable fee for the storage of the Vehicle until it is collected by you;

17.2 Within 3 months of being notified in writing, that the Work is complete and/or that the Goods are ready for collection, we may (after giving you 7 calendar days written notice (email to suffice) 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) (subject to any third party interest/lien of the vehicle in question) 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.

18. Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to you at our premises when you collect them.
19. 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 we will be free to dispose of them as we see fit if you do not specifically ask for them when collecting the Vehicle.

TRANSFER OF OWNERSHIP AND RISK

20. 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 you should insure accordingly. A cheque will not be treated as payment until it has been cleared.

LOSS, DAMAGE AND LIABILITY

21. 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 6 months or 6,000 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.
22. We will sell the Goods with the benefit of the manufacturer’s warranty. The manufacturer’s warranty is additional to your statutory rights and is not affected by any change in 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.
23. If the Work includes painting then, if the metal to be painted is rusted, we will take reasonable precautions to prevent rust penetrating the paint after completion of the Works but cannot guarantee that this will not happen or that the new paintwork will match the existing paintwork exactly.
24. You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the Goods.
25. Except where you are buying as a consumer, and except for fraud or death or personal injury resulting from our own negligence, we limit our liability for any breach of Contract to the amount you have paid for the Works and/or Goods and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
26. You warrant that on handing over possession of the Vehicle to us that it is free from any items which are not related to the Vehicle (in particular personal or valuable items). Any such items are left at your own risk, and we will not accept any liability for loss or damage.
27. If we make a Loan Vehicle available to you in connection with this Contract, we may demand that you return the Loan Vehicle at any time, and you shall immediately return it to us. If you fail to do so, we may take possession of the Loan Vehicle and for this purpose, we may enter any premises where the Loan Vehicle is being kept or you must pay us reasonable compensation, as a result of your retention of the Loan Vehicle. You warrant that you will comply with the Loan Vehicle terms and conditions.

RETURNED GOODS

28. 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 business days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handing charges for the returned Goods.

DISTANCE SELLING

29. Under the Consumer Contracts Regulation, if you acting as a private consumer this Contract has been concluded without any face-to-face contact between us or anyone acting on our respective behalf, you have the right to cancel this Contract within calendar 14 days without giving any reason. The cancellation period will expire after 14 calendar days from the day on which you or a third party acting on your behalf acquire the Goods. To exercise the right to cancel you must inform us of your intention to cancel the Contract by a clear statement (e.g. in writing by post, fax, or e-mail) or by completing the cancellation form on our website www.westendgarage.co.uk. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your right to cancel before the cancellation period has expired. For the avoidance of doubt, this does not apply for any services/Work we have carried out within the 14 calendar days cooling-off period, where you will be charged in full for the services/Work we have carried out and there will be no refund or cancellation period.

RIGHT & EFFECT OF CANCELLATION

30.

(a) If you cancel this Contract in pursuant to clause 29, we will refund you all payment received from you, including the cost of delivery (unless you expressly chose a method more expensive than the least expensive option in which case we will reimburse the value of the least expensive delivery method). We may make a deduction from the refund for the loss in value for any Goods supplied if the loss is the result of damage or unnecessary handling by you.

(b) On cancellation, the Goods shall be immediately returned to the Seller at the Purchaser’s expense.

(c) If you fail to deliver the Goods back to us within 14 calendar days, we will make a charge for the costs of recovering the Goods, which will be deducted from the final refund.

(d) On cancellation, any related credit agreement will be cancelled.

(e) We will make the refund without undue delay, and not later than 14 days after the day on which you returned the Goods supplied.

31. 
    You can cancel the Contract with us at any point, subject to clause 28:

(f) Before you collect the goods

(g) Before we commence the Work. You cannot do so once we have completed the Work. If you cancel after we have started the Work, you must pay us for the Work and/or Goodsprovided up until the time you tell us that you have changed your mind and cancelled the Contract. We will be entitled to charge for this as per clause 12.

32. 
    Save as above, we will not accept the return of any Goods which are not defective.

NOTICES

33. Any notice given under this Contract must be in writing and sent by post first class to the address of the person to whom it is addressed as set out overleaf and shall be deemed to have received in due course of the post the following business day if posted in the UK.

ALTERNATIVE DISPUTE RESOLUTION

34. We aim to resolve all disputes via our internal complaints procedure. If you are not satisfied following the conclusion of this procedure, The Motor Ombudsman will offer free impartial advice and, when appropriate, an Alternative Dispute Resolution (ADR) service. For further information, you can visit their website at www.themotorombudsman.orgor call their Consumer Advice Line: 0345 241 3008. Alternatively, you can write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN.

 

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