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Terms and Conditions

Terms and Conditions

1. CONTRACT

TotallyVans.co.uk is owned and operated by Motor Vehicle Solutions Limited referred to as MVS

(a) The order for sale of a motor vehicle by us (“MVS”) at the agreed price (“the Total Price”) incorporates the following clauses and only becomes binding after being accepted by MVS.

(b) The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of MVS) shall constitute the entire contract between the parties.

2. DELIVERY

(a) MVS will use its best endeavours to secure a 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 MVS.

(b) The Goods as described on the face of the order form (“the Goods”) may be delivered by MVS or its agent in advance of the estimated delivery date upon giving 7 days prior notice to the Customer.

(c) If the Goods are not delivered within 30 Days of the estimated delivery date (if any) the Customer or MVS 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 MVS shall be under no further liability to the Customer. In the event that no estimated delivery date is given, MVS will deliver the Goods within 1 month of the Goods being made available to it.

(d) MVS may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If MVS is unable to supply any option or accessory, whether factory fitted or otherwise, MVS may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of MVS to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.

3. PRICE AND PAYMENT

(a) The Customer shall not be permitted to take delivery of Goods until the Total Price of the Goods as stated on the invoice has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of MVS. Time of payment shall be of the essence.

(b) If the Total Price or any part of the price for the Goods is to be paid by cheque whether bank or building society then prior notice of such payment shall be made to MVS and the cheque must be paid to MVS at least five banking days in advance of the estimated delivery date. A cheque given in payment or part payment shall not be treated as a discharge until the same has been cleared.

(c) If the Total 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 in value) or bankers draft then such payment or part payment may be made 3 working days prior to delivery (subject to MVS being given an opportunity to confirm the validity of such draft). Where payments over £500.00 are made by credit card, a charge of 2% is payable

4. FAILURE TO TAKE & PAY FOR GOODS

If the Customer shall fail to accept delivery and/or pay for the Goods within 21 days of being notified of delivery date (as provided for in clause 2(d)) then MVS 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 repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which MVS may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and MVS shall be under no further liability to the Customer.

5. NEW GOODS/USED GOODS

(a) Where the Goods to be supplied by MVS are new, then the following additional conditions shall apply:

(i) the Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that MVS has legally become bound to pay, notwithstanding any amount specified on the order form;

(ii) if before delivery of the Goods the manufacturer/concessionaires recommended retail price for the Goods shall be increased MVS may give notice (“Notice”) of its intention to pass on to the Customer such increase, upon receipt of such Notice the Customer shall be entitled by notice in writing to MVS to cancel the contract within 7 days of the date of the Notice. Upon such cancellation any deposit paid by the Customer shall be returned and MVS shall be under no further liability to the Customer. If no notice is received by MVS from the Customer within such period then the Customer shall be bound to purchase the Goods at the increased price;

(iii) in the event that the manufacturer is unable to accept the order for the Goods then MVS may, by notice in writing to the Customer cancel the contract. Upon such cancellation any deposit paid by the Customer shall be returned and MVS shall be under no further liability to the Customer.

(b) In the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.

6. WARRANTY

(a) All new vehicles are supplied with manufacturer warranty unless otherwise stated and agreed prior to sale. The manufacturer’s warranty is not affected by any change of ownership of the Goods. MVS will not be responsible for any part of the manufacturer’s warranty.

7. EXAMINATION OF GOODS AND RELIANCE

(a) Upon delivery of the vehicle and prior to signing the delivery form the Customer shall examine the Goods purchased 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 and have been notified by MVS 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 confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon MVS’s skill or knowledge regarding the Goods’ fitness for any particular purpose or use.

8. CONSUMER TRANSACTIONS

Where the Goods are sold under a consumer transaction as defined by the Consumer Transactions (restriction on statements) Order 1976 the statutory rights of the Customer are not affected by any of these terms and conditions.

9. FINANCE

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 MVS at the price payable hereunder. MVS shall not release the Goods until the Total Price has been discharged in full, including receipt of cleared funds from the said finance company.

10. NOTICES

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 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.

11. WAIVER

Any waiver by MVS or 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 the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

12. INVALIDITY OF THESE TERMS

If any provisions of these terms and conditions is held by any competent authority 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 is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.

13. APPLICABLE LAW

This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.

14. 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.

15. RETENTION OF TITLE

(a) Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until the Total Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.

(b) Until such time as the property in the Goods passes, the Customer shall keep the Goods properly stored, protected and insured and identified as MVS’s property.

(c) Until such time as the property in the Goods passes to the Customer, MVS shall be entitled at any time to require the Customer to deliver up the Goods to MVS and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

(d) The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of MVS, but if the Customer does so all monies owing by the Customer to MVS shall (without prejudice to any other right or remedy of MVS) forthwith, become due and payable.

16. NEW GOODS

Where the Goods to be supplied by MVS are new, then this contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the manufacturer/concessionaire may lawfully have imposed on the supply of the Goods or the resale of the Goods by MVS. MVS shall not be liable for any failure or delay in delivering the Goods caused by or resulting from MVS’s compliance with the manufacturers/concessionaires terms and conditions.

17. CANCELLATION

Except as provided by law, or under clauses 2(c) or 5(a)(iii) of these terms and conditions, no order which has been accepted by MVS may be cancelled by the Customer except with the agreement in writing of MVS and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify MVS 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 MVS as a result of cancellation.

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

18. LIABILITY

Except in respect of death or personal injury caused by MVS’s negligence, or any loss caused by the fraud of MVS, MVS 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 MVS 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 MVS’s liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.

19. FORCE MAJEURE

MVS 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 MVS’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond MVS’s 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. However nothing in this clause shall prevent the Customer from being liable for a failure to raise the Total Price.

20. AUTHORITY

The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form in a representative capacity so that their liability shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.

21. DATA

MVS 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 offers or other matters of interest from time to time.

All prices exclude VAT. Alternative deals available. Finance subject to status. Written quotations are available on request. Savings shown are against manufacturer’s list price or manufacturer’s list price when new. To ensure the very best prices are always achieved, some vehicles may be unused pre-registered with delivery mileage. All offers supersede any previous offers. Prices shown are basic vehicle prices only and do not include a first registration fee (if applicable), 12 months Road Fund Licence and optional extras e.g. metallic paint (unless otherwise stated). Pictures are for illustration purposes only and are not necessarily an exact representation of the vehicle. Calls may be recorded for training purposes according to FSA and Ofcom regulations. Totallyvans.co.uk is a trading style of Motor Vehicle Solutions Ltd.,College House,17 King Edwards Road, Ruislip, Middlesex, HA4 7AE
. Motor Vehicle Solutions Ltd is a company registered in England and Wales with company number: 07499110. VAT No. 172 1068 31

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