Definitions

“The Dealer”, Carlovers sales LTD, the person who is the vendor of the goods to the customer.

“The Customer”, the person contracting for goods and services to be supplied by the Dealer.

“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

“Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.

“Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component thereof.

Used Goods

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): is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.

Prior to signing this order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination and the Customer 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 Dealer 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.

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.

Delivery and Payment

The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. 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.

 Method of payment: Cash, Debit Card, Credit Card, Bank transfer or payment from any finance company to the Dealer’s account.

Loss or Damage

The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.

Return of Deposit

If the contract is cancelled within 72 hours the deposit shall be returned to the Customer and the Dealer shall be under no further liability.

Part Exchange

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:

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

upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

That such used Vehicle is the absolute property of the Customer and is free from all encumbrances.

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.

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).

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.

Authority to Contract

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.

Authority to Uplift

Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

Authority to Drive

In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 5.

Data Protection

The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Dealer, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a customer survey by either the Dealer, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Dealer by writing to the Dealer Principal at the Dealer’s address.

All the agreements between the Dealer and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.

Notices

All written notices given by the Dealer to the Customer shall take effect 24 hours after being dispatched by the Dealer in the normal course of post to the Customer’s address shown on the order or invoice.

Return of Vehicle

In case of return or change of mind in the first 14 days, Carlovers Sales Ltd will charge a one-off admin fee of 10% or £500 (whichever is higher) to compensate for administrational costs, plus 0.60p per mile driven.

Upon return, the car will be sent for inspection for wear and tear and signs of deliberate foul play, and if everything is fine, the refund will be processed on the second day.

Even though great effort and time are taken in making sure that the advertisement and specifications are all accurate, there is always a margin of human/technical error, it is the buyer’s responsibility to make sure all the information is accurate prior to making the purchase.

Carlovers Sales Ltd will not be held liable for any inaccurate information after the vehicle has been purchased.