Terms and Conditions
None of us like the legal bit, but they're a requirement of business, so:
All customers are advised to familiarise themselves with our Terms and Conditions ahead of any purchase. A copy of our T&Cs will accompany each sale invoice and should be refered to ahead of contacting Absolute Classic Cars.
Terms & Conditions
(Nothing in this document shall restrict the statutory rights of the Customer)
RICHARD WALTERS & MARK JENNINGS trading as ABSOLUTE CLASSIC CARS of Silvertrees Farm, Westmoor Lane, Kettlethorpe, Lincoln LN1 2JW
In these terms and Conditions:
Contract: shall mean the contract, as evidenced by a signed deposit/sales invoice between Absolute Classic Cars and the Customer. Customer: shall mean the person, firm or company identified in or by means of the Contract as purchasing Goods or Services. Client: shall mean the person, firm or company for whom Absolute Classic Cars are selling a vehicle on commission or sale or return (SOR)
(a) The order for sale of a motor vehicle by us, Absolute Classic Cars, 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 Absolute Classic Cars. (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 Absolute Classic Cars) shall constitute the entire contract between the parties.
(a) Absolute Classic Cars will use its best endeavours to secure a delivery date, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Absolute Classic Cars. (b) The Goods as described on the face of the order form (“the Goods”) may be delivered by Absolute Classic Cars or its agent in advance of the estimated delivery date upon giving 7 days prior notice to the Customer. (c) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Absolute Classic Cars has given notice to the Customer that the Goods are ready for collection. Absolute Classic Cars will physically deliver the Goods to the Customer only where agreed by Absolute Classic Cars and at the Customer’s cost. (d) 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 discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of Absolute Classic Cars. (b) Accepted methods of payment are cash, cheque, BACS, CHAPS, fast electronic transfer and most debit and credit cards.
4. FAILURE TO COLLECT GOODS
If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d) then Absolute Classic Cars 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 Absolute Classic Cars 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 Absolute Classic Cars shall be under no further liability to the Customer. Absolute Classic Cars may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).
5. PART EXCHANGE
In the event that Absolute Classic Cars 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 so far as the Customer is aware 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 Absolute Classic Cars 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 Absolute Classic Cars (fair wear and tear excepted); (d) the used motor vehicle shall be delivered to Absolute Classic Cars 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 Absolute Classic Cars; (e) title to the used motor vehicle shall pass absolutely on delivery to Absolute Classic Cars; (f) the exchange value quoted by Absolute Classic Cars shall be binding on Absolute Classic Cars for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on Absolute Classic Cars when the Goods are ready for delivery, Absolute Classic Cars will give a current figure for the value of such part-exchange, at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle, provided always that the Customer shall still be obliged to purchase the Goods; (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), Absolute Classic Cars 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 and the Customer will provide all reasonable assistance to Absolute Classic Cars to facilitate transfer of the registration.
Where appropriate Absolute Classic Cars 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, Absolute Classic Cars cannot offer a formal warranty where no manufacturers warranty applies and any agreement to carry out repairs is entirely at the discretion of Absolute Classic Cars.
8. 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 Absolute Classic Cars 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 Absolute Classic Cars skill or knowledge regarding the Goods' fitness for any particular purpose or use.
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 Absolute Classic Cars, Absolute Classic Cars 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 Absolute Classic Cars shall have no further liability to the Customer. Absolute Classic Cars 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 Absolute Classic Cars in the first instance (b) has failed to give Absolute Classic Cars 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.
10. 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.
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 Absolute Classic Cars to the contrary. Absolute Classic Cars 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.
12. SALE ON COMMISSION OR ON BEHALF OF THIRD PARTIES (SOR)
Absolute Classic Cars may on occasions sell cars for Clients on a sale or return basis (SOR). In such circumstances Absolute Classic Cars will agree a ‘return figure’ with the Client to achieve the highest possible return whilst leaving a margin for preparation and profit. Absolute Classic Cars will professionally valet and detail the car and will supply a HPI certificate as well as ensuring all paperwork relating to ownership is correct. Absolute Classic Cars will photograph the vehicle and write a detailed description to create an attractive and informative advert. This will be advertised on Absolute Classic Cars own website and on all major search engines and a regular progress update will be provided to the Client. Absolute Classic Cars will deal with enquiries from perspective buyers. The vehicle will be sold without any formal warranty being provided by Absolute Classic Cars but with an underwritten indemnity from the Client. The proceeds will immediately be transferred directly to the Client’s bank account as agreed between both parties. During the sales process the Client can elect to store the vehicle at the premises of Absolute Classic Cars where it will be fully insured against both driving and storage risks or retain it in their own possession and under their own insurance coverage.
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 Absolute Classic Cars at the price payable as stated on the order form. Absolute Classic Cars shall not release the Goods until the Total Retail Price has been discharged 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 Absolute Classic Cars 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.
16. 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.
17. APPLICABLE LAW
The laws of England and Wales shall govern this contract and the parties shall submit to the jurisdiction of the English Courts.
18. 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.
19. 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 discharged in full and funds have been cleared.
Except as provided by law, or under clauses 2(c) or 21 of these terms and conditions, no order which has been accepted by Absolute Classic Cars may be cancelled by the Customer except with the agreement in writing of Absolute Classic Cars and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Absolute Classic Cars 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 Absolute Classic Cars as a result of cancellation.
21. DISTANCE SELLING
There may be circumstances under which a sale is agreed without face-to-face contact between Absolute Classic Cars and the Customer. In these circumstances a full cyber presentation and detailed condition disclosure will be made, but 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 you decide that the car delivered does not match the advertised / appraised vehicle. Should the Customer wish to exercise the right to cancel they have a 14 day period in which to notify Absolute Classic Cars in writing. (b) the Customer at the time of notification is required to advise Absolute Classic Cars 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 RFT (Road Fund Tax) remain in place to the point of collection by Absolute Classic Cars. (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 Absolute Classic Cars 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 Right 2015 are unaffected from the clause (21) aforementioned.
22. 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 Absolute Classic Cars 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 Absolute Classic Cars as above the Customer shall be deemed to have accepted the Goods.
Except in respect of death or personal injury caused by Absolute Classic Cars negligence, or any loss caused by the fraud of Absolute Classic Cars, Absolute Classic Cars 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 Absolute Classic Cars 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 Absolute Classic Cars liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
24. FORCE MAJEURE
Absolute Classic Cars 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 Absolute Classic Cars obligations in respect of the Goods, if the delay or failure was due to any cause beyond Absolute Classic Cars 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.
25. 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) Absolute Classic Cars reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly, or; (v) Absolute Classic Cars has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement, or (vi) Absolute Classic Cars 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 Absolute Classic Cars, Absolute Classic Cars 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.
Absolute Classic Cars 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.