Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF SERVICES AND PARTS
(i) Customer means the customer described on the front of this Agreement; (ii)
Company means the Canford Classics company whose name is printed on the front of this Agreement; (iii) Goods means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with Work to be done by the Company; and (iv) Work means any work to be done by the Company whether by way of repairs, servicing, fitting or otherwise.
2.1 An estimate is a considered approximation of the likely cost involved. All estimates are valid for 14 days from their dispatch by the Company to the Customer.
2.2 Prices of Goods and Work are based on prices current at the time of preparation of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the Goods/ completing the Work.
2.3 Unless otherwise agreed in writing if it appears during progress of any Work that the estimate will be exceeded by a significant amount the Company will not continue the Work without further express permission from the Customer. Such permission may be given in writing and signed by the Customer and the Company, or orally - so long as the permission is thereon recorded in writing on the face of this Agreement or on the workshop instruction form which shall form part of this Agreement and initialled by the Company; or on the computerised data system of the Company.
2.4 The Customer acknowledges that motor vehicles are complex pieces of machinery, that to repair defects it is appropriate to try the least complex solution first and that further chargeable work may be necessary if the Work does not cure the fault
2.5 The Company reserves the right to request a deposit against anticipated charges before agreeing to proceed with any Work
2.6 All prices are exclusive of any applicable Value Added Tax which is shown separately
3. REPLACEMENT PARTS
3.1 The Company reserves the right to repair or to fit reconditioned units and/or parts where these are supplied by the manufacturer.
4 AUTHORITY TO DRIVE VEHICLE
4.1 The Company reserves the right to undertake reasonable mileage to road test any vehicle in its possession which it deems necessary for the purpose of diagnosis, repair and testing.
5 UNCOMPLETED WORK
5.1 If for any reason Work requested by the Customer is not carried out in full the Company will charge a reasonable amount for any Work actually carried out and the current price of any Goods supplied or fitted.
6.1 Variations in the Work to be done or the Goods to be supplied may be made in writing and signed by the Customer and the Company, or orally - so long as the variation is thereon recorded: in writing on the face of this Agreement or on the workshop instruction form which shall form part of this Agreement and initialed by the Company, or on the computerised data system of the Company.
7.1 The Company will use its best efforts to do Work or supply Goods within any time period notified to the Customer. However, time shall not be of the essence.
8.1 No order which has been accepted by the Company may be cancelled by the Customer except with the written agreement of the Company
9 COMPLETION OF WORK AND PAYMENT
9.1 All Goods and or Services shall be paid for in cash, BACS or credit/debit card before delivery or collection unless credit has been agreed in advance Delivery is deemed to have occurred when the customer or his agent has taken possession of the Goods.
9.2 Where the Company has granted the Customer credit: if payment is not made on the due date, the Company shall be entitled to suspend the supply of further Goods and/or the provision of any further services to the Customer.
9.3 If the Goods are to be collected then the Customer must collect them within 14 days of receiving notification that the Goods are available for collection. A failure to collect within the prescribed period may be treated as a repudiatory breach of this Agreement.
9.4 Work shall be deemed complete when the Customer is so advised by the Company. The Customer will pay the Company in cash or credit/debit card for all Work done and Goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises. The Customer acknowledges the Company shall have a lien upon any vehicle or vehicles in the possession of the Company for both the price of Work done and storage costs and whether any debt owed by the Customer to the Company relates to that particular vehicle or not.
9.5 If a vehicle is not collected by the Customer within 14 days of the Customer being advised that Work is complete the Company will charge for storage of the vehicle at the rate of E15 plus VAT per day. If the Customer shall fail to pay monies due to the Company and collect the vehicle within 14 days of being notified that the Work has been completed and of the Company's intention to proceed to sell it, the Company may sell the vehicle and the Customer agrees that upon such sale title in the vehicle shall be transferred to the purchaser Upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after deducting all monies due to the Company and all costs of sale.
9.6 Interest at the rate of 4% per annum over National Westminster Bank plc base rate from time to time will accrue on all overdue payments from the due date until payment.
10. RETENTION OF TITLE AND RISK
10.1 Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer,
10.2 Goods shall remain the property of the Company until the Customer has paid the full price for the Goods and together with all storage charges and interest that may be due to the Company under this Agreement.
10.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee.
Company in full against any breach of the provisions of this clause.
11. LOSS, DAMAGES, LIABILITY
11.1 Subject as expressly provided in this Agreement, and except where the Customer is a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.2 Vehicles and their accessories and contents are left at the Customer's risk and responsibility and the Company is only responsible for loss or damage thereof or thereto caused by the negligence of the Company or its employees. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely upon his own insurance
11,3 So far as is permitted by statute and except in the case of death or personal injury caused by the negligence of the Company, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement: for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the Goods or the provision of Works, or their use or re-sale by the Customer.
12. REPLACED PARTS
12.1 All parts replaced during any Work done, except those that have to be returned under warranty or service exchange arrangements, will be retained by the Company for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.
13. RETURNED GOODS
13.1 Goods will be accepted back for credit provided: (i) the Customer returns the Goods (in the same condition as when supplied) within 5 working days of delivery; (ii) the original invoice is produced; (iii) the Customer pays the Company's current handling charges for returned Goods; and (iv) the Goods were not specially ordered by the Customer. Save as aforesaid Goods will not be accepted back by the Company. Nothing in this clause 14 affects your consumer rights to return goods that are faulty or incorrectly supplied
14. SUB CONTRACTING
14.1 The Company shall be entitled to carry out its obligations under this Agreement by sub contractors but shall be responsible for the quality of their work.
15.1 The Company undertakes that it will use its best endeavours to obtain for the Customer the benefit of any warranty or guarantee given by the manufacturer or importer in respect of the Goods. The Company warrants its Work free of defects in workmanship for a period of 6 months or 6,000 miles, whichever occurs sooner, from the date of completion of the Work. No warranty is implied nor given on original parts not replaced with new replacement items on works.
15.2 If the Work includes painting then if the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the Work but no warranty can be given in this respect or to the effect that the new paintwork will match existing paintwork exactly
15.3 The warranty in 15.1 above is in addition to any other remedies the Customer may have under the Agreement but where applicable does not extend to cover defects arising from: (i) use of the vehicle otherwise than for private or commercial use of the owner or other users with his permission; (ii) failure to have the vehicle serviced in accordance with the manufacturer's recommendations; and (iii) damaged in a subsequent accident, howsoever caused.
16 FORCE MAJEURE
16.1 Any failure by the Company to perform any of its obligations under this Agreement by reason of the performance of any clause being beyond the control of the Company shall be deemed not to be a breach of this Agreement
17.1 All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of post to the Customer address shown overleaf or immediately upon delivery by hand.
18. WHOLE AGREEMENT
18.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
18.2 Each party acknowledges that in entering into this Agreement; it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement,
19.1 If any term or provision of this Agreement shall be held illegal or unenforceable it will to that extent be deemed to be omitted from the Agreement and the validity or enforceability of the remainder of this Agreement shall not be affected.
20. THIRD PARTY RIGHTS
20.1 Nothing in this Agreement shall confer any rights upon any person who is not a party to this Agreement unless expressly provided.
21. PROPER LAW AND JURISDICTION
21.1 This Agreement shall be governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
TERMS AND CONDITIONS OF CAR SALES
1.1 (i) Customer means the customer described on the front of this agreement; (ii) Canford Classics means the Canford Classics company whose names is printed on the front of this agreement; (iii) Manufacturer means the manufacturer of the Vehicle (iv) Part Exchange Allowance means the value attributed to the Part Exchange Vehicle (if any) detailed on the front of this agreement; (v) Part Exchange Vehicle means the part exchange vehicle or vehicles (if any) described on the front of this agreement; (vi) Purchase Price means the purchase price for the Vehicle as defined in clause 4.1 below; (vii) Vehicle means the vehicle(s) to be purchased by the Customer described on the front of this agreement.
2.1 This offer contained on the front of this agreement may only be accepted in writing by a manager/director of Canford Classics.
3.1 Canford Classics shall inform the Customer once the Vehicle is ready for delivery.
3.2 If requested, Canford Classics can arrange delivery of the Vehicle to a location specified by the Customer at the sole expense of the Customer by the estimated delivery date detailed on the front of this agreement (the “Estimated Delivery Date”) but does not guarantee the time of delivery and time shall not be of the essence.
3.3 Canford Classics shall not be liable for any damages, costs or other claims of any nature arising out a delay in delivery.
3.4 If Canford Classics fail to deliver the Vehicle within 60 days of the Estimated Delivery Date the Customer may give written notice to Canford Classics requesting delivery of the Vehicle within 14 days of receipt of such notice and if Canford Classic fails to deliver the Vehicle by the end of such period then the contract may be cancelled and any deposit paid by the Customer shall be returned to him and Canford Classics shall have not further liability.
4 PURCHASE PRICE & ACCESSORIES
4.1 The Purchase Price for the Vehicle (including where applicable accessories, road fund licence, delivery, car tax and value added tax) current at the date of the order is set out on the front of this agreement.
4.2 If the price recommended for any part(s) increases before delivery of the Vehicle and/or amount of car tax, value added tax and/or road fund licence increases between the date of order and the date of delivery the Customer shall pay such increase in addition to the final balance overleaf or, in the case of such price increases the Customer shall have the right to cancel this contract by written notice within 5 working days of being notified of an increase in the purchase price.
4.3 If Canford Classics are unable to supply any accessory (factory fitted or otherwise) Canford Classics may at their option either substitute a reasonable equivalent or delete the accessory from his contract and reduce the Purchase Price by the price of such accessory and the Customer acknowledges that the inability of Canford Classics to supply an accessory shall not constitute a Breach of Contract or entitle the Customer to reject the Vehicle.
5 PAYMENT OF PURCHASE PRICE
5.1 The Customer shall pay the Purchase Price (less the Part Exchange Allowance) and shall take delivery of the Vehicle within 14 days of being informed by Canford Classics that the Vehicle is ready for delivery.
5.2 The Purchase Price shall be paid in cleared funds before delivery of the Vehicle and shall be received not less than five working days before delivery of the Vehicle.
5.3 If the Customer fails to pay for the Vehicle in cleared funds within the 14 day period referred to in clause 5.1 above, Canford Classics may:- (i) treat the contract as repudiated by the Customer and thereupon the deposit shall be forfeited without prejudice to Canford Classics’s right to receive from the Customer by way of damages any loss or expense which Canford Classics may have suffered; and (ii)charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above National Westminster Plc from time to time, until payment is made.
6 PROPERTY AND RISK
6.1The Vehicle shall remain the property of Canford Classics until the total Purchase Price has been discharged in full.
6.2 The Vehicle shall be at the Customer’s risk immediately on his receipt of it following delivery and/or after the expiry of the 14 day delivery period provided for in 5.1 above.
7 PART EXCHANGE OF VEHICLE
7.1 At its sole discretion Canford Classics may agree to accept a Part Exchange Vehicle as part of the Purchase Price of the Vehicle. If so the following further terms apply:(i) The Customer warrants that:-
(a) any Part Exchange Vehicle is the absolute property of the Customer, free from any hire purchase agreements, charges or other liens and/or encumbrances: (b) when delivered to Canford Classics the Part Exchange Vehicle will be in the same condition (subject only to fair wear and tear and reasonable increase in mileage) as when examined by Canford Classics prior to fixing the Part Exchange Allowance; (c) the Part Exchange Vehicle has never suffered serious accident damage; and (d) that the mileage shown on the odometer of the Part Exchange Vehicle is correct.
(iii)The Part Exchange Vehicle shall be delivered to Canford Classics on or before delivery of the Vehicle supplied by Canford Classics, and the property in the Part Exchange Vehicle shall thereupon pass to Canford Classics absolutely.
(iii) Canford Classics may accept the Part Exchange Vehicle subject to any financial charge or lien disclosed by the Customer and the level of the Part Exchange Allowance shall take account any payment necessary to release the Part Exchange
Vehicle from such financial charge or lien exceeds that disclosed to Canford Classics, the Part Exchange Allowance shall be reduced by and/or the Customer shall pay to Canford Classics immediately the amount of such excess.
(iv) if the Part Exchange Vehicle is delivered to Canford Classic’s place of business in a worse condition or with an unreasonable increase in mileage or 60 days after agreeing the Part Exchange Allowance (other than as a result of a delay caused by Canford Classics) Canford Classics reserves the right to reduce the Part Exchange Allowance by such amount as may be reasonable in the circumstances.
(v) If the Part Exchange Allowance is reduced or withdrawn for any reason the Customer remains bound the pay the Purchase Price less such reduced Part Exchange Allowance.
8 FINANCE AGREEMENTS
8.1 The Customer may within 7 days of receipt of notification that the Vehicle is ready for delivery, arrange for a finance company to purchase the Vehicle from Canford Classics for the Purchase Price. The Vehicle will then be delivered to the order of such finance company and all references to delivery of the Vehicle shall be construed accordingly.
8.2 Upon the purchase of the Vehicle by such finance company the provisions of this contract relating to the Part Exchange Vehicle (if any) shall continue to be effective but Canford Classics shall, on behalf of the Customer, account for the Part Exchange allowance and any deposit paid under this contract to the order of such finance company.
9.1 Used vehicles are not sold subject to or with the benefit of any express warranty or guarantee whatsoever, unless agreed in writing between the parties hereto and only upon such terms and conditions contained in such warranty or guarantee which shall be given separately to this agreement.
Customers are advised to read the terms and conditions of any warranty carefully as a failure to comply with the same my lead to invalidation.
10 EXAMINATION OF USED VEHICLE
10.1 The Customer for a used Vehicle certifies that prior to signing this order form it has noted the age and the mileage of the Vehicle, that it has driven and examined the Vehicle including the condition of the tyres, bodywork and paintwork, glass, interior trim and upholstery, and general condition of the Vehicle in relation to its age and has determined that the Vehicle is of satisfactory condition and quality and fitness for its purpose. Canford Classics excludes all liability for defect, wither brought to the Customer’s attention at or before the time of sale, or which should reasonably have noted during examination by the Customer.
11 LIMITATION OF LIABILITY
11.1 Subject to expressly provided in the agreement, and except where the Vehicle is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.2 Canford Classics shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) , costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the Vehicle or its use or resale by the Customer, and the entire liability of Canford Classics under or in connection with this agreement shall not exceed the price of the Vehicle, except as expressly provided in this agreement.
12 FORCE MAJEURE
12.1 Any failure by Canford Classics to perform any of its obligations under the agreement by reason of the performance of any clause being beyond the control of Canford Classics shall be deemed not to be a breach of this agreement.
13 DISTANCE SELLING
13.1 If this agreement has been concluded without any face to face contact between either party or anyone acting on the respective behalves of the of either party, the Customer may give written notice to Canford Classics cancelling this agreement within seven working days from the day after taking delivery of the Vehicle. If such notice is given, the Customer must either return the Vehicle to Canford Classics or make it available for Canford Classics to collect at the expense of the Customer. The Customer must take reasonable care of the Vehicle and will be responsible for any loss or damage from then it was delivered to the Customer until it is returned to Canford Classics. If Canford Classics have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, Canford Classics have the option of either returning the Part Exchange Vehicle to the Customer or refunding the Part Exchange Allowance.
14.1 Unless otherwise agreed, all communications relating to this agreement shall be in Writing and delivered to the address of the relevant party as shown on the front of this agreement.
15 WHOLE AGREEMENT
15.1 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
15.2 Each party acknowledges that, in entering into this agreement, it has not relied on , and shall have no right or remedy in respect of , any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
16.1 No variation of this agreement shall be effective unless it is in writing and signed by the Customer and an authorised official, as detailed in Clause 2.1 above, of Canford Classics
17.1 If any term or provision of this agreement shall be held illegal or unenforceable it wil be to that extent be deemed to be omitted from the Contract abnd the validity or enforceability of the remainder of the Contract shall not be affected.
18 THIRD PARTY RIGHTS
18.1 Nothing in this agreement shall confer any rights upon any person who is not a party to this Contract unless expressly provided.
19.1 Canford Classics may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group.
20 PROPER LAW AND JURISDICTION
20.1 This agreement shall be governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
All disputes of difference which shall at any time arise between the parties whether during
The Term or afterwards touching or concerning this agreement or its construction or effect or the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to either arbitration or court, depending on the choice of Canford Classics.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.