Terms & Conditions
(Nothing in this document shall restrict the statutory rights of the Customer)
In these terms and Conditions:
Contract: shall mean the contract, as evidenced by a signed deposit/sales invoice between UK Sports Cars Ltd (UKSC) and the Customer. Customer: shall mean the person, firm or company identified in or by means of the Contract as purchasing Goods or Services.
(a) The order for sale of a motor vehicle by us, UKSC, at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by UKSC. (b) The deposit/sales invoice (except where varied by an agreement between the parties, which is recorded in writing and signed by an authorised representative of UKSC) shall constitute the entire contract between the parties. (c) The website is an invitation to treat, and nothing on this website shall be construed as a unilateral offer by UKSC to enter into any contractual obligations.
(a) UKSC will use its best endeavours to offer a delivery date. This date is to be considered approximate. UKSC shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of UKSC. (b) The Goods as described on the face of the order form (“the Goods”) may be delivered by UKSC or its agent in advance of the estimated delivery date upon giving 7 days prior notice to the Customer. UKSC will deliver the Goods to the Customer only where agreed by UKSC and at the Customer’s cost unless otherwise specified. (c) where a carrier or third party agent is used to transport the vehicle this will be done on an ‘ex-works’ basis and the Customer will be responsible for insurance of the entire transit risk.
3. PRICE AND PAYMENT
(a) The Customer shall not be permitted to collect and take away the Goods until the total retail price of the Goods as stated on the order form has been paid in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of UKSC. (b) Accepted methods of payment are BACS, CHAPS, fast electronic transfer.
4. FAILURE TO COLLECT GOODS
If the Customer shall fail to collect and/or pay for the Goods within 14 days of the goods being ready for collection / delivery (as provided for in clause 2(d) then UKSC may at its option store the Goods at the Customer’s cost.
5. PART EXCHANGE
In the event that UKSC agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any declarations made on the face of the order or purchase invoice and the following conditions: (a) the Customer warrants that: (i) the Customer has good title to the used motor vehicle; (ii) it is unencumbered by any third party interest whatsoever; or (iii) the Customer has declared all encumbrances or interests to which the used motor vehicle is subject; (iv) the particulars of the used motor vehicle given by the Customer are correct and that other than as declared by the Customer the odometer reading is accurate; (v) other than as declared by the Customer and so far as the Customer is aware the used motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims; (vi) other than as declared by the Customer the used motor vehicle was first supplied by the manufacturer’s official distributor for the UK; (vii) other than as declared by the Customer the date of first registration on the registration documents is the date on which the used motor vehicle was new and first used; (viii) other than as declared by the Customer the used motor vehicle has not had any performance upgrades, non-manufacturer approved accessories or alterations contrary to the manufacturer’s specifications; (ix) the used motor vehicle is type approved. (b) if any encumbrances or interests are capable of cash settlement UKSC may elect to discharge such interests and deduct expenditure from the exchange value offered; (c) the used motor vehicle will be delivered in the same condition as at the date it was examined by UKSC (either in person or virtually) (fair wear and tear excepted); (d) the used motor vehicle shall be delivered to UKSC upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to UKSC; (e) title to the used motor vehicle shall pass absolutely on delivery to UKSC; (f) the Allowance quoted by UKSC shall be binding on UKSC for one calendar month from the date of the order, unless a different period is stipulated in the order (g) in the event that any of the warranties in clause 5(a) prove to be untrue or there is a breach of clause 5(c), UKSC shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.
Where appropriate UKSC shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. Any parts that require replacement during the period of the manufacturer’s warranty as a result of wear and tear (for example, but without limitation, the brake pads) are excluded from the warranty. In view of the classic nature of vehicles sold, UKSC cannot offer a formal warranty where no manufacturer’s warranty applies and any agreement to carry out repairs is entirely at the discretion of UKSC.
7. EXAMINATION OF GOODS AND RELIANCE
(a) Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects, which have been notified by UKSC to the Customer before the signing of the order, the condition of satisfactory quality referred to above does not operate in relation to those defects. (b) the Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon UKSC skill or knowledge regarding the Goods’ fitness for any particular purpose or use. (c) It is not to be expected that our vehicles will come with a spare wheel, jack or wheel brace unless specified. You may wish to carry a ‘‘Flatmate’’ as an emergency puncture repair alternative. d) All our vehicles are presented with the paperwork provided at the point of sale. If the vehicle is not presented with paperwork at the point of sale, then the vehicle does not come with additional paperwork such as service history, handbooks, or other documents. e) All our vehicles come with one key; it should not be presumed there is a spare key. If a spare key is not provided at point of collection, we are under no obligation to provide one regardless of the cost of the vehicle. All other equipment for the vehicle will be supplied at point of handover, It is accepted that there will be no further equipment supplied for the vehicle unless it has been confirmed in writing. f) You acknowledge that on the point of collection / delivery, you will check over the vehicle and ensure that you are completely satisfied with the vehicles condition at this stage. We will not undertake any cosmetic work after delivery of the vehicle has taken place. g) If you intend to have a third-party inspection carried out on one of our vehicles, this should be done prior to sale / payment of deposit. Any inspection that reveals a list of items to be rectified after sale / payment of deposit has been made will not be considered the liability of UKSC to rectify.
Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to UKSC, UKSC shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Customer the price of the Goods (or a proportion part of the price), but UKSC shall have no further liability to the Customer. UKSC will not be liable where any defect results from or is worsened by one of the following circumstances:- (a) after discovering the defect the Customer has failed to inform UKSC in the first instance (b) has failed to give UKSC the option to repair the Goods without unreasonable delay; (c) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports; (d) the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or otherwise in accordance to the manufacturer’s recommendations; (e) parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the vehicle has been altered or modified in a manner not approved by the manufacturer; (f) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to; (g) wear and tear.
If a claim needs to be made, UKSC require to have the vehicle inspected at our premises. It is the Customers responsibility to return the vehicle to the UKSC premises for inspection and/or repair. . If you take your vehicle to another garage without prior consent from us, we will not accept any information based on negative or disparaging remarks, reports or feedback relating to the vehicle. Any third-party opinion in this instance will not be considered relevant. UKSC will not pay for any unauthorised repairs carried out by any third party whatsoever.
10. CONSUMER TRANSACTIONS
Where the Goods are sold under a consumer transaction as defined by the Consumer Rights Act 2015 the statutory rights of the Customer are not affected by any of these terms and conditions.
11. SALE TO INTERMEDIARIES OR THIRD PARTIES
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by UKSC to the contrary. UKSC may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.
Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from UKSC at the price payable as stated on the order form. UKSC shall not release the Goods until the Total Retail Price has been paid in full, including receipt of cleared funds from the said finance company.
Any notice that is given hereunder may be given in writing or by electronic mail. Notices in writing shall be posted or emailed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
Any waiver by UKSC or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
15. INVALIDITY OF THESE TERMS
If any provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof shall be construed in such a way as to give effect as far as possible to the previously expressed intent of the said clause.
16. APPLICABLE LAW
The laws of England and Wales shall govern this contract and the parties shall submit to the jurisdiction of the English Courts.
17. THIRD PARTY RIGHTS
No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.
18. RETENTION OF TITLE
Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these Terms and Conditions, the title in the Goods shall not pass to the Customer until the Total Retail Price has been paid in full and funds have been cleared.
Except as provided by law, or under clauses 2(c) or 20 of these terms and conditions, no order which has been accepted by UKSC may be cancelled by the Customer except with the agreement in writing of UKSC and on terms that the Customer’s deposit shall be forfeited and further that the Customer shall indemnify UKSC in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by UKSC as a result of cancellation.
20. DISTANCE SELLING
There may be circumstances under which a sale is agreed without face-to-face contact between UKSC and the Customer. In these circumstances a cyber presentation may be made via pictures and / or videos. This is deemed as a detailed description disclosure and constitutes a face-to-face viewing. In addition the ‘distance selling regulations’ will be deemed to apply. (a) at the time of delivery you will be asked to sign the delivery documentation which will confirm the date / mileage at the time of delivery. After this point the Customer may give notice to cancel the sale agreement within 14 days of the delivery. Should the Customer wish to exercise the right to cancel they have a 14 day period in which to notify UKSC in writing. (b) the Customer at the time of notification is required to advise UKSC of the exact mileage. After this time the customer is not permitted to use the vehicle but is required to ensure that both insurance and RFL (Road Fund Licence) remain in place to the point of collection by UKSC. (c) An excess mileage charge of £1 / mile for any mileage over 150 miles covered from the point of delivery will apply. (d) Prior to and to the point of collection the Customer must take reasonable care to ensure the Goods are returned in the same condition as when received and will be responsible for any loss or damage or diminished value which may have occurred or been caused during the cancellation period. We cannot accept return of the car if it has been modified, damaged or altered in anyway from the time of delivery. (e) Once received UKSC will assess the car for any defects / damaged not noted at the time of delivery and a cost for repairs will be applied and this shall be deducted from the settlement figure.
NB – The provisions and rights of the Sale of Goods Act 1979 and Consumer Rights Act 2015 are unaffected by this clause (20) .
21. DEFECTIVE GOODS
Without prejudice to clause 7 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to UKSC within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify UKSC as above the Customer shall be deemed to have accepted the Goods.
Except in respect of death or personal injury caused by UKSC negligence, or any loss caused by the fraud of UKSC, UKSC shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any: (a) loss or damage incurred by the Customer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if UKSC was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude UKSC liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
23. FORCE MAJEURE
UKSC shall not be liable to the Customer or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of UKSC obligations in respect of the Goods, if the delay or failure was due to any cause beyond UKSC reasonable control including (without limitation) any failure to deliver the Goods occasioned by strikes, inclement weather, civil unrest, an inability to obtain the Goods from the importer or from the manufacturer.
24. TERMINATION / SUSPENSION
(a) This clause applies if: (i) the Customer (being a company) makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation or (being a partnership) becomes wound-up or a receiver is appointed or enters into an individual voluntary arrangement; or (ii) the Customer (being an individual) enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy, or; (iii) an encumbrancer takes possession of any of the property or assets of the Customer; (iv) UKSC reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly, or; (v) UKSC has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement, or (vi) UKSC becomes aware that the Customer is in breach of clause 10, or; (vii) the Customer is in material breach of any obligations under the contract. (b) If this clause applies, without prejudice to any other right or remedy available to UKSC, UKSC shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
UKSC shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any matters of interest from time to time.