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Definitions: 1. "Contract" shall mean a contract between the Seller and the Customer for the sale and purchase of vehicles subject to these Terms and the Order Form. "Manufacturer" shall mean the manufacturer of the vehicle to which this Contract relates.
"Order Form" shall mean the Seller’s standard form completed by the Customer(s) when placing an order to purchase a vehicle(s). “Customer” shall mean any purchaser of a vehicle (retail, business, corporate, LLP or partnership).
"Seller" shall mean Haynes Bros Limited.
“Terms” means these Seller terms and conditions of sale.
Deposit:
2. The Seller may request a deposit which shall be non-refundable to the Customer in all circumstances other than those described in clauses 5(a), 7(a), 9(b), 11 or if the Seller materially breaches any of the Terms.
Payment:
3. The balance payable hereunder (or, if applicable, the sum required to complete any deposit to a finance company) shall be paid to Seller in cleared funds prior to delivery. Payment shall be made in cash or such other cleared funds as the Seller decides and title remains with the Seller until such time as cleared funds in full have been received.
Delivery:
4. Delivery of a vehicle shall take place at the Seller’s premises within seven days of notification to the Customer that the vehicle is ready for delivery, but in any event will not take place until the Customer has made full payment of all sums in cleared funds due hereunder. The Customer shall undertake an inspection of the vehicle and Accessories upon delivery. The vehicle and other articles ordered (the "Accessories") will remain the property of the Seller until the price has been received and discharged in full. The allowance relating to any vehicle agreed to be taken by Seller in part exchange (the "Exchange Vehicle") shall not be treated as a discharge unless legal title in the Exchange Vehicle is vested in the Customer and a Finance Company’s interest therein fully discharged and evidence acceptable to the Seller thereof is presented.
Delay in Delivery:
5. (a) Should the vehicle and Accessories not be delivered within six months of the desired delivery date (other than for reasons of Customer’s breach) the Customer may by giving written notice to the Seller cancel this Contract and thereupon the deposit paid hereunder by the Customer shall be returned in full, which shall be in full settlement of all expenses and claims the Customer may have in respect of this Contract.
(b) The Seller will use reasonable endeavours to deliver the vehicle and the Accessories on the desired delivery date but shall have no liability whatsoever for any loss occasioned by delay in delivery or non- delivery from whatever cause. Time is not of the essence in relation to delivery.
Forfeiture of Deposit:
6. If the Customer fails to take delivery of and pay in full for the vehicle and Accessories within 7 days of notification from the Seller under Clause 3, the Seller may treat the Contract as repudiated by the Customer and at its option retain the deposit paid or part thereof without prejudice to the Seller’s right to recover from the Customer by way of damages any loss or expense which the Seller may suffer or incur by reason of the Customer’s default or breach. The Seller shall be entitled to dispose of the vehicle and the Accessories as it thinks fit and shall not be under any liability to account to the Customer for the price received therefor or for any deposit.
Tax Changes:
7. If after the date of this Contract and before delivery to the Customer there shall be any alteration in the amount of any taxes payable in respect of the vehicle or any of the Accessories or the sale thereof, the Seller shall give notice of such alteration to the Customer and:
(a) In the event that the alteration is an increase, the Customer may cancel this Contract by sending to the Seller a written counter notice to such effect within seven days of receipt of the Seller’s notice. When such notice is received by the Seller any deposit paid hereunder by the Customer shall be returned in full. If the Customer does not give such counter notice it is agreed that the price on the Order Form shall be increased by the amount of such increase and the Customer shall be liable to pay it; and this Contract shall remain in full force and effect.
(b) In the event that any such alteration is a reduction, the price stated on the Order Form shall be reduced by the amount of such reduction.
Price Changes:
8. The Customer’s order for a new vehicle may be protected against the effect of manufacturer price changes, subject to the provisions of that particular manufacturer’s Price Protection Plan, full details of which are available from the Seller. The following shall apply in the event that the conditions of the manufacturer’s Price Protection Plan are not met so that it does not apply:
If, after the date of this Contract and before delivery to the Customer the manufacturer’s recommended price for the vehicle or any Accessories (exclusive of taxes):
(a) is reduced below the stated price thereof on the Order Form there shall be substituted for the price of such vehicle or Accessories on the Order Form such reduced price (not exceeding the manufacturer’s reduced recommended price) as is notified by the Seller to the Customer; or
(b) is increased above the stated price therefor on the Order Form, the Seller shall give notice of the amount of such increase to the Customer who in such event may cancel this Contract by counter notice in writing within seven days of receipt of the Seller’s said notice. If the Customer does not give such counter notice the stated price on the Order Form shall be deemed to be increased by the amount of such increase and this Contract shall remain in full force and effect. If the Customer does give such counter notice it is agreed that the Seller shall return to the Customer in full any deposit paid hereunder and such shall be in full settlement of all expenses and claims the Customer may have in respect of this Contract.
Change in Model or Specification:
9. (a) If the Seller is unable to supply a vehicle of the model specified on the Order Form by reason of the manufacturer ceasing to produce or accept orders for vehicles of that model he shall give notice thereof in writing to the Customer whereupon the Customer shall have the right to be exercised by notice in writing to the Seller within seven days thereafter to require this Contract to be amended by substituting on the Order Form (in place of the existing model and Accessories and the price therefor therein specified), another model and Accessories then currently produced by the same manufacturer at such price (not exceeding the then current recommended price of such model) as is currently quoted by the Seller for such model. If the Customer shall give to the Seller such notice this Contract shall be amended accordingly and shall continue in full force and effect as so amended, any necessary adjustments to the amount of the deposit being made between the parties.
(b) In the event of the Customer failing to give such notice in the time specified in clause 9(a) above the Seller will return to the Customer the amount of the deposit and this Contract shall forthwith determine and become null and void without any liability whatsoever on the part of the Seller other than the returning of the deposit.
(c) No variation by the manufacturer in the specification(s) or equipment of the vehicle or Accessories described on the Order Form
Trading in:
10. Where the Seller agrees to allow part of the price of the vehicle and Accessories to be met by an Exchange Vehicle the same shall be delivered to and accepted by the Seller on the following conditions that:
(a) it shall be delivered to the Seller before delivery of the vehicle in the same condition (fair wear and tear excepted) as when examined and valued by the Seller.
(b) where the Exchange Vehicle is or has been the subject of any credit agreement the Seller is hereby irrevocably authorised by the Customer and shall be entitled to pay such outstanding sums to the Finance Company as will, with the consent of that Finance Company, fully discharge all liabilities of such credit agreement. The allowance given by the Seller to the Customer for the Exchange Vehicle shall be reduced by the amounts so paid.
(c) if this Contract shall be cancelled for any reason after the Exchange Vehicle has been delivered to the Seller and the Seller shall have sold the same (as Customer acknowledges Seller is entitled to do after Customer’s delivery thereof to the Seller) the Customer shall (as the case may be) be entitled to the profit or bear the loss on such sale (after due allowance for the Seller’s reasonable handling expenses).
Changes in Exchange Vehicle Values:
11. If between the date of the Contract and the date of delivery of the vehicle and Accessories to the Customer there shall be any change (considered by the Seller to be material) in the value of the Exchange Vehicle for any reason whatsoever including (but not only):
(a) a significant change in the condition or mileage of the Exchange Vehicle; or
(b) a change in market conditions; or
(c) a change in any relevant taxes; or
(d) a change in statutory provisions regarding Hire Purchase, Credit Sale, Conditional Sale; or
(e) any other financial measures enacted or announced by HM Government;
then the Seller shall notify the Customer of the change. The agreed allowance for the Exchange Vehicle stated on the Order Form shall then not be binding on either party and the Seller shall not be bound to purchase and the Customer shall not be bound to sell the Exchange Vehicle identified therein unless a revised allowance shall have been agreed in writing. In addition, in such circumstances, the parties agree that the Customer shall not be bound to purchase and the Seller shall not be bound to sell the new vehicle identified on the Order Form unless a revised allowance for the Exchange Vehicle shall have been agreed by them in writing.
In the absence of such agreement, this Contract shall be terminated without any liability on the Seller other than to refund to the Customer any deposit paid hereunder, which shall be in full settlement of all expenses and claims the Customer may have in respect of this Contract.
Customer’s Undertaking:
12. The Customer undertakes that he will not resell the vehicle bought as a new vehicle in the course of any business carried on by him/her.
Liability:
13. Vehicles are sold (so far as the benefit can be transferred) with the benefit of the particular vehicle Manufacturer’s Vehicle Warranty, full details of which will be found in the Owner’s Handbook issued with the vehicle.
Customer’s Rights:
14. If a Customer believes that on or after delivery there are any material defects in the vehicle supplied he will give the Seller the earliest and every reasonable opportunity to examine and rectify such material defects (if any) in accordance with the terms of the Manufacturer’s New Vehicle Warranty applicable to the vehicle, full details of which will be found in the Owner’s Handbook issued with the vehicle.
Notices:
15. Any notice given hereunder may be served personally or left at the last known residence or place of business of the person to whom it is addressed or may be sent by first class post, in which case notice shall be deemed to have been received on the first working day after posting.
Authority of Seller:
16. Neither the Seller nor any servant, employee or other person for whose acts he may be responsible has any authority or right to bind the manufacturer or to assume any obligation express or implied upon its behalf.
Entire Agreement:
17. This Contract contains the entire agreement between the parties and supersedes and takes precedence over all and any other representations warranties or statements whether or not in writing made for or on behalf of the Seller.
OTHER SERVICES
Besides vehicle sales, we also sell machinery, parts and provide other services. For the sale of machinery, parts and the provision of services, customers thereof are to make payment at the point of delivery unless the Seller has first agreed to sell the parts or provide services under the Seller’s terms of credit for the time being. Any returned cheques are liable to the Seller being able to charge the Customer a £50 administration fee, plus bank charges and interest, which the Customer agrees to pay.
The following represents only some key terms of these services and are not exhaustive. The full terms and conditions are available from the Seller on request.
Parts:
1. Parts are sold subject to the manufacturer’s standard terms of warranty. The Seller is not bound by any other warranty, condition, representation or guarantee and the same are excluded to the maximum extent permitted by law.
It is agreed the Seller shall not be liable for any loss, expense or damages arising out of or in connection with the supply of incorrect or faulty parts. Title remains with the Seller for all parts supplied until cleared funds in full have been received.
Services:
2. Where vehicles are left on the Seller’s premises for servicing it is agreed that:
(a) The Seller shall take reasonable care of vehicles deposited with the Seller for servicing but the Seller shall not be deemed your bailee and shall not be liable for damage to vehicles committed by third parties whilst on our premises or in our care;
(b) Customers must remove all personal posessions & items of value prior to servicing.
(c) The Seller shall not be liable for any loss or damage to any items left inside the vehicle.
(d) Customers who fail to collect their vehicles once servicing is completed will be charged by the Seller £50 per day for storage, which the Customer agrees to pay.
The Seller shall use reasonable endeavours to correct problems caused by defective workmanship by its employees or sub-contractors. The Seller shall not be liable for any losses arising either directly or indirectly while vehicles are in the Seller’s care or as a result of work carried out by the Seller. The Customer agrees that the Seller may withhold the return of the vehicle until such time as full payment has been received by the Seller for the services provided.
Hire:
3. Vehicle hire is covered by separate terms and conditions.
Customers' statutory rights remain unaffected.
Any complaints to the Company will be acknowledged within five working days from the date of receipt and will be handled in line with the Company’s Complaints Procedure (available on request).