Integrity Automotive Limited Standard Terms & Conditions of Sale
1. DEFINITIONS. In these terms and conditions (Terms), the following definitions apply:
Contract: this contract between You and Us for the sale and purchase of the Goods in accordance with these Terms;
Goods: the Vehicle and any accessories (if any) that We are selling to You, as set out in the Vehicle Order form;
Order: Your order for the Goods as set out in the Vehicle Order form;
Used Vehicle: the vehicle(s) (if any) to be part exchanged by You, as set out in the Order;
Vehicle: the vehicle(s) which We are selling to you, as set out in the Order;
We, Our and Us: Integrity Automotive Ltd, (company number 9404881) (Seller); and
You and Your: the person or body purchasing the Goods (Purchaser), as set out in the Order.
2. CONTRACT. These are the Terms on which we supply the Goods to You (and any allowance in respect of a Used Vehicle is made). Please ensure that You read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before You sign the Order and Contract. If You think that there is a mistake please contact Us to discuss. We will confirm any changes in writing to avoid and confusion between You and Us. The Order shall only be deemed accepted when We have signed the Order, at which point the Contract shall come into existence. Unless the context otherwise requires, words in singular shall include the plural, and in the plural shall include the singular.
3. EXAMINATION OF GOODS. The Vehicle shall be supplied as roadworthy at the date of delivery, and shall be supplied to any conditions or warranties implied by the Sale of Goods Act 1979, and any other applicable statutory provision if You are a consumer. Prior to signing the Order You shall examine the Vehicle. You are reminded that the condition of satisfactory quality implied by the Sale of Goods Act 1979 does not operate in relation to any defects which that examination ought to reveal. Should the vehicle be sold subject to defects notified by Us to You, the condition of merchantable quality does not operate to those defects.
4. WARRANTY. If the Vehicle and/or any accessories fitted or supplied by Us come with a manufacturer's warranty (Warranty), we will use Our reasonable endeavors to pass on such Warranty to You. The Warranty is in addition to Your legal rights in relation to the Goods that are faulty or not as described. Advice about Your legal rights is available from Your Citizens Advice Bureau or Trading Standards Officer.
5. ESTIMATED DELIVERY DATE. We will use our reasonable endeavors to secure delivery of the Goods by the Estimated Delivery Data (if any) as set out in the Order, but We do not guarantee the time of delivery. Delivery shall be deemed effective when We inform You that the Goods are available for You to collect.
6. DELIVERY OF GOODS. If We fail to deliver the Goods within 28 days after the Estimated Delivery Date, You may, by giving Us notice in writing, require Us to deliver the Goods within 7 days of Our receipt of Your notice. If We fail to deliver the Goods within the said 7 days, this Contract shall be cancelled, We shall return Your deposit, and We shall be under no further liability to You.
7. FAILURE TO COLLECT GOODS. If You fail to collect and/or pay for the Goods within 14 days of notification that the Goods are ready to be collected, We may treat this Contract as repudiated by You, and Your deposit shall be forfeited without prejudice to Our right to recover from You by way of damages any loss or expense which we may suffer or incur by reason of Your default.
8. PAYMENT. The Goods shall remain Our property until You have paid to Us all the monies due under this Contract in full (Contract Price). Payment by cheque shall not be treated as discharge by You of your payment obligations until the cheque has been cleared. The proceeds of any Goods resold by You prior to such payment is to be held by You in trust for Us.
9. PART EXCHANGE. If We agree to accept a Used Vehicle as partial payment for the price of the Goods (Allowance), You warrant that:
9.1.1. You have good title to the Used Vehicle and it is unencumbered by any third party interest whatsoever;
9.1.2. If We have examined the Used Vehicle, then the Used Vehicle shall be delivered to Us in the same condition as the date of such examination (fair wear and tear accepted);
9.1.3. That the particulars of the Used Vehicle given by You in the Order are correct and that so far as You are aware the milometer reading is accurate; and
9.1.4. The Used Vehicle shall be delivered to Us on or before delivery of the Goods, and upon delivery title to the Used Vehicle shall pass to Us absolutely
9.2. If any interests declared pursuant to clause 9.1.1 are capable of cash settlement, We may elect to discharge such interests and deduct expenditure from the Allowance.
9.3. If, through no default on Our part, the Vehicle is not delivered to You within 30 days after the date of this Order or the Estimated Delivery Date (whichever is the later), the amount of Allowance in respect of the Used Vehicle may at Our discretion be subject to reduction by an amount not exceeding 2.5% for each completed period of 30 days, commencing from the date of the expiry of the first mentioned 30 days, to the date that the vehicle is ready for collection.
9.4. If You breach any of the warranties in clause 9.1, We shall not be obliged to accept the Used Vehicle or make any Allowance in respect thereof, and the Contract shall be amended accordingly.
10. FINANCE. You may, within 7 days after We have notified You that the Vehicle is ready for collection, arrange for a finance company to purchase the Goods from Us at the Contract Price, and the Goods shall be delivered to or to the order of the finance company (at Your cost).
11. RETENTION OF TITLE. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, title to the Goods shall not pass to You until the Contract Price has been paid by You in full. Until such time as title to the Goods passes to You: (a) You shall keep the Goods properly stored, protected and insured and identified as Our property; and (b) We shall be entitled at any time to require You to deliver the Goods to Us, and if You fail to do so to enter upon Your premises or any third party premises where the Goods are stored and repossess the Goods; and (c) You shall not be entitled to sell, pledge or in any way change by way of security for any indebtedness the Goods, and if You do so the Contract Price shall immediately become due and payable.
12. CANCELLATION. Except as provided in these Terms, no Order which has been accepted by Us may be cancelled by You except with Our written consent and on the terms that You forfeit Your deposit and You indemnify Us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages charges and expense incurred by Us as a result of the cancellation.
13. TERMINATION. If (a) You make any voluntary arrangement with Your creditors or become subject to an administration order or have an administration receiver appointed or go into insolvent liquidation or become wound up or a receiver is appointed or enters into a voluntary arrangement; or (b) an encumbrancer takes possession of any of Your property or assets; or (c) You cease, or threaten to cease, to carry in business; or (d) We reasonably believe that any of the events mentioned in (a) to (c) of this clause is about to occur; or (e) We have reasonable cause to believe that You will be unable to meet Your financial obligations in respect of this Contract or (f) You are in breach of this Contract, then We shall be entitled to cancel this Contract or suspend delivery under this Contract and You shall forfeit Your deposit.
14. EVENTS OUTSIDE OUR CONTROL. We will not be liable for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an event beyond Our reasonable control.
15. DEFECTIVE GOODS. Any claim by You which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Us within 30 (thirty) 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 is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. We may then at Our sole discretion either replace or repair the Goods free of charge or refund You the price of the Goods (or proportionate price of the Goods). If You do not notify Us in accordance with this clause You shall not be entitled to return or make any claim in respect of the Goods and We shall have no liability for such defect or failure, and You shall be bound to pay the Contract Price as if the Goods had been delivered in accordance with the Contract. If You are a consumer, this clause shall not limit Your legal rights in relation to Goods that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
16. DISTANCE SALE - YOUR RIGHT TO CANCEL. You have the right to cancel this contract within 14 days without giving any particular reason. The cancellation period will expire after 14 days from the day on which you, or a third party on your behalf, collect or take delivery of your vehicle. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent by post or email to our address. If required, you can request a template cancellation notice form from us but it is not obligatory to use this specific template. To meet the cancellation deadline, it is sufficient for you to send your clear statement or form confirming your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you payments received from you, including the cost of delivering the goods to you (except for the supplementary costs arising if you chose delivery over collection or a type of delivery other than the least expensive type of standard delivery offered by us). This reimbursement is subject to the following conditions:
• We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. Anything over and above a standard test drive will be considered unnecessary handling and will lead to a deduction of £1 for each mile driven over 20 miles. In addition, we will also be entitled to make a deduction for any damage or excess wear.
• We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you the vehicle and all documents which were supplied including, but not limited to, service histories and the V5 documentation.
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. This may include handing back any part exchange vehicle if still available and/or seeking payment from you to cover any negative equity.
• We will withhold the reimbursement until we have received the goods and all paperwork back in good order.
• It is your responsibility to return the vehicle without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us.
• You will remain liable for the vehicle and so for its tax, insurance, and any fines, charges or penalties until it has been accepted back to our premises.
• You will have to bear the direct cost of returning the goods and take full responsibility for the safe return of the vehicle.
• You are only liable for any diminished value of the goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the goods according to the previous reference to test drives.
17. OUR LIABILITY TO YOU (YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE)
17.1. Where You are a consumer, and We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence (loss or damage shall be deemed foreseeable only if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We entered into the Contract).
17.2. Subject to clause 17.1 and 17.4, We shall under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract, except as expressly provided in these Terms.
17.3. Subject to clause 17.2 and 17.4, and except where You are a consumer, Our total liability to You in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract Price.
17.4. Nothing in these Terms shall operate to restrict or exclude Our liability or limit Your rights in any way that cannot be restricted, excluded or limited by law
18. SEVERENCE. If any provision of these Terms is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
19. THIRD PARTY RIGHTS. This Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
20. ASSIGNMENT. We may transfer Our rights and obligations under these Terms to another organization, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
21. WAIVER. If We fail to insist that You perform any of Your obligations under these Terms, or if We not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You.
22. HOW TO CONTACT US. If You wish to contact Us in writing, or if in any clause in the Terms requires You to give us notice in writing, You can send this to Us by e-mail, by hand, or by pre-paid post to the address and/or e-mail address set out in clause 24. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, or by pre-paid post to the address You provide Us in the Order.
23. HOW WE MAY USE YOUR PERSONAL INFORMATION. We will use any personal information You provide to Us to (a) provide the Goods; (b) process Your payment for such Goods; and (c) inform You about similar products or services that We provide but You may stop receiving these at any time by contacting Us.
24. INFORMATION ABOUT US. We are a company registered in England and Wales. Our company registration number is 9404881 and our registered office is at Epsilon House, West Road, Ransomes Europark, Ipswich, Suffolk IP3 9FJ. Our registered VAT number is 204021774. If you have any questions or complaints, please contact Us by writing to Us at the above address, or telephoning or e-mailing us at the telephone number or e-mail address shown overleaf.
25. GOVERNING LAW. These Terms are governed by English law.
26. CONSUMER RIGHTS ACT 2015. This Contract is also subject to the following Terms and Conditions relevant to The Consumer Rights Act, 2015
26.1. You have been given full opportunity to examine the Vehicle, as defined overleaf, sold to You under this Contract prior to accepting delivery of the said Vehicle that and whether or not You took that opportunity to examine the said Vehicle, You are satisfied that the Vehicle is free from all reasonable defects and You accept its condition at the time of the said Vehicle's delivery to You.
26.2. You understand that You may only return the Vehicle for repair of any defects or faults on it if those defects can be proven by You that the defect(s) were present at the time of accepting delivery of the said Vehicle to You.
26.3. You agree that if the said Vehicle is returned to Integrity Automotive Ltd for a refund or repair under the terms of the Consumer Rights Act, 2015, then the Vehicle is delivered to Integrity Automotive Ltd by You or Your agent and that the cost of return shall be the sole liability of You.
26.4. You agree that You shall not be able to return the Vehicle to Integrity Automotive Ltd unless the vehicle is delivered with a V5C vehicle registration certificate (log book), all keys and documents pertaining to the said Vehicle. Any refunds due will be made not less than 14 days after the Vehicle is returned with all keys and documents. Integrity Automotive Ltd is entitled to make a deduction from any refund to take into account Your use of the Goods, time of ownership, mileage covered, and condition of the Vehicle on return.
26.5. Integrity Automotive Ltd has not been able to confirm the mileage recorded on the said Vehicle's odometer and it must be considered as incorrect.
26.6. If You change Your mind prior to delivery and cancel the Contract for the purchase of the said Vehicle, Integrity Automotive Ltd is entitled to look for and recover their reasonable expenses, such as administration costs and loss of profit. These costs will be deducted from any prepayments made by You and any remaining monies will be refunded.
26.7. None of the above terms and conditions affect Your statutory rights under The Consumer Rights Act, 2015 or any other relevant and current legislation.