Terms and conditions
Select Vehicle Solutions LTD is a car dealer and provides the following financial services Hire purchase, Lease Purchase, Lease hire and Contract hire
Select Vehicle Solutions LTD is incorporated and registered in England and Wales, our registered company number is 58905592 and VAT number is 885 3355 89
Select Vehicle Solutions LTD registered office address is:
Bury Court School
(a)The order for sale of a motor vehicle by us (“Select Vehicle Solutions LTD”) 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 Select Vehicle Solutions LTD.
(b)The order together with these terms and conditions evidences the contract between the parties. Before completing your order please ensure that the contract reflects what is agreed. If Select Vehicle Solutions LTD agrees to changes it will confirm this to the Customer in writing. Select Vehicle Solutions LTD’s legal duty is to provide the Goods as described (“the Goods”) to the terms of the contract.
(c)A person who is not a party to the contract may not enforce any terms of the contract unless this contract is lawfully transferred to them.
(a) Select Vehicle Solutions LTD will provide an estimated delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Select Vehicle Solutions LTD.
(b) The Goods may be delivered by Select Vehicle Solutions LTD or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.
(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer or Select Vehicle Solutions LTD may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Select Vehicle Solutions LTD shall be under no further liability to the Customer.
(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Select Vehicle Solutions LTD has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Select Vehicle Solutions LTD to the Customer only where agreed by Select Vehicle Solutions LTD and at the Customer’s cost.
(e) Select Vehicle Solutions LTD may at any time cancel the contract by notice in writing to the Customer if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market or in the event that the manufacturer is unable or refuses to accept the order for the Goods or no longer supplies the Goods to the specification ordered by the Customer. Upon such cancellation any deposit paid by the Customer shall be returned and Select Vehicle Solutions LTD shall be under no further liability to the Customer.
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 overleaf has been paid in full in cleared funds. Time for payment shall be of the essence.
(b) If the Total Retail Price or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment that is permissible being £5,000) or bankers draft then such payment or part payment may be made on the day of collection (subject to Select Vehicle Solutions LTD being given an opportunity to confirm the validity of such draft).
(c) 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 Select Vehicle Solutions LTD at the price payable hereunder. Select Vehicle Solutions LTD shall not release the Goods until the Total Retail Price has been paid in full in cleared funds by the said finance company.
4. Failure to collect goods
If the Customer fails to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then Select Vehicle Solutions LTD may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as wrongfully ended by the Customer and clause 12(b) will apply.
5. Part Exchange
In the event that Select Vehicle Solutions LTD 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 warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:
(a) if any financial or other declared interests are capable of cash settlement Select Vehicle Solutions LTD may elect to discharge such finance and interests and deduct expenditure from the exchange value offered;
(b) the used motor vehicle will be delivered in the same condition as at the date it was examined by Select Vehicle Solutions LTD (fair wear and tear excepted);
(c) the used motor vehicle shall be delivered to Select Vehicle Solutions LTD 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 has been delivered to Select Vehicle Solutions LTD;
(d) ownership of the used motor vehicle shall pass absolutely on delivery to Select Vehicle Solutions LTD;
(e) in the event that any of the warranties or declarations provided by (or on behalf of) the Customer in respect of the used motor vehicle prove to be incorrect or there is a breach of clause 5(b), Select Vehicle Solutions LTD 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.
6. Cherished Number Plate
Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods. The Customer and Select Vehicle Solutions LTD will provide all reasonable assistance to each other to facilitate transfer of the registration.
(a) Select Vehicle Solutions LTD shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and Select Vehicle Solutions LTD shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. Any parts which 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. The manufacturer’s warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer’s warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer’s warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:
(i) after discovering the defect the Customer has failed either to inform Select Vehicle Solutions LTD or to have the defect examined by a Dealer without reasonable delay;
(ii) has failed to give a Dealer the option to repair the Goods without reasonable delay;
(iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
(iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;
(v) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;
(vi) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.
(b) In the case of the Goods being a second-hand vehicle, Select Vehicle Solutions LTD shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order.
8. Examination of Goods and Reliance
(a) Prior to signing the order form the Customer should examine the Goods to be purchased (if they are available for inspection) and the Customer is reminded that the condition of satisfactory quality required by law does not operate in relation to defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by Select Vehicle Solutions LTD to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
(b) The Customer should satisfy itself as to the suitability of the Goods for its requirements and not rely upon Select Vehicle Solutions LTD’s skill or knowledge regarding the Goods’ fitness for any particular purpose or use.
9. Sale to Intermediaries and Third Parties
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller. Select Vehicle Solutions LTD 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 or (where Select Vehicle Solutions LTD reasonably believes the Customer to be a reseller) to cancel the contract. In the event of cancellation by Select Vehicle Solutions LTD clause 12(b) will apply.
10. Retention of Title
(a)Notwithstanding delivery, collection and/or the passing of insurance risk for the Goods, or any other provision of these terms and conditions, ownership of the Goods shall not pass to the Customer until the Total Retail Price has been paid in full in cleared funds.
(b)Until such time as ownership of the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as Select Vehicle Solutions LTD’s property. Further, Select Vehicle Solutions LTD shall be entitled at any time to require the Customer to return the Goods to Select Vehicle Solutions LTD and if the Customer fails to do so promptly, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
(c)Until the Customer owns the Goods the Customer shall not be entitled to sell the Goods or use them as security for any indebtedness. If the Customer does so all money owing by the Customer to Select Vehicle Solutions LTD shall (without prejudice to any other right or remedy of Select Vehicle Solutions LTD) immediately, become due and payable.
Select Vehicle Solutions LTD will not be liable to the Customer for (a) losses that were not in the reasonable contemplation of both parties when the contract was formed; (b) losses that were not caused by any breach on the part of Select Vehicle Solutions LTD; and (c) business losses, and/or losses to non-consumers.
Nothing in this clause shall operate to restrict or exclude Select Vehicle Solutions LTD’s liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
Select Vehicle Solutions LTD shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation to process the Customer’s order and payment and (unless the Customer requests Select Vehicle Solutions LTD does not do so), to inform the Customer about similar products that Select Vehicle Solutions LTD provides. The Customer may stop receiving this information at any time by contacting Select Vehicle Solutions LTD.
Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the last known 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 facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
Any waiver by Select Vehicle Solutions LTD or the Customer of any breach of contract by the other should 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 the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them