“The Seller” means KPM Automotive Ltd.
“Goods” means a motor vehicle or vehicle and any accessories or other items sold by the seller.
“Purchaser” means a person who has agreed to purchase Goods from the Seller.
“Manufacturer” means the Manufacturer of the Goods purchased or to be purchased by the Purchaser.
“Trade Sale” means sold as seen no warranty implied or given.
2. Conditions Overriding
All orders for Goods are accepted and all Goods are supplied subject to the following conditions which supersede and prevail over any prior terms of business and the Purchaser acknowledges that he has not entered into the contract in reliance on any representation or warranty (whether oral or written) other than any incorporated herein. No servant or agent of the Seller has authority to vary these conditions.
(a) The Seller will use all reasonable endeavours to deliver the Goods by an estimated delivery date but the Seller is not obliged to deliver the Goods by any estimated delivery date and shall not be liable for any loss or damage due to any delay in delivery or failure to deliver the Goods whether it caused by failure to deliver on the part of the Manufacturer or any other reason.
(b) The Purchaser shall be obliged to take delivery of the Goods within ‘1 days of the Seller giving notice that the Goods are ready for delivery.
(c) If the Purchaser shall by for the good by cheque or banker’s draft or the Goods shall be purchased by a Finance Company, the seller shall not be obliged to deliver the Goods to the Purchaser until such payment has cleared and the monies have been credited to the Seller’s bank account.
(a) Unless stated otherwise all prices quoted are exclusive of Value Added Tax’ Car or any other tax which the seller has to pay or charge on the sale of the Goods to the Purchaser at the time the taxable supply occurs and the Purchaser is aware that the amount of such tax may differ from the rate current at the date of the contract.
(b) At the time the Seller accepts the order the Purchaser shall pay such deposit as the Purchaser shall direct and the balance shall be paid within 1 day of the Seller notifying the Purchaser that the Goods are ready for delivery/collection by the Purchaser.
(c) The purchaser acknowledges may differ from the Total Price at the date of the contract.
5. Part Exchange
If the Seller agrees to allow the Purchaser to discharge part of the price of Goods by transferring and delivering a used motor vehicle (“the exchange Vehicle”) to the Seller such allowance is given and the Exchange Vehicle accepted on the following conditions:-
(a) The allowance relating to the exchange Vehicle shall not be treated as a discharge unless legal title in such vehicle is vested in a Finance Company, that Company’s interest therein is fully disclosed to the Seller and on the face of the order.
(b) The Exchange Vehicle shall be delivered to the Seller on or before delivery of the Goods to the Purchaser.
(c) If the Seller has examined the Exchange Vehicle before the acceptance of the order the Goods the Exchange Vehicle will be delivered to the Seller in the same conditions as it was at the time of such examination.
(d) That where the Exchange Vehicle is the subject of a deferred payment agreement with a Finance company the Seller shall be entitled to make any such payment to the Finance Company as will with the consent of that Company finally discharge such agreement and the allowance shall be reduced by the amount paid.
(a) If the Seller has examined the Exchange Vehicle before the acceptance of the order the Goods the Exchange Vehicle will be delivered to the Seller in the same conditions as it was at the time of such examination.
(b) That where the Exchange Vehicle is the subject of a deferred payment agreement with a Finance company the Seller shall be entitled to make any such payment to the Finance Company as will with the consent of that Company finally discharge such agreement and the allowance shall be reduced by the amount paid.
(c) That if this contract shall be cancelled for any other reason after the Exchange Vehicle has been delivered to the Seller shall have sold the same the Purchaser shall (as the case may be) be entitled to the profit or bear the loss of such sale 9after due allowance for the Seller’s reasonable storage and handling expenses).
If any of these conditions are not satisfied the Seller shall not be obliged to accept the Exchange Vehicle or make any allowance in respect thereof and the Purchaser shall pay the full price for the Goods in cash.
6. Failure to take delivery
(a) If the purchaser shall fail to take delivery and/ or pay for the Goods within 3 days of being notified that the Goods are ready for delivery the Seller may treat the Contract as having been repudiated by the Purchaser and without prejudice to any other rights of the Seller the deposits shall be forfeit.
(b) If the purchaser shall fail to take delivery and / or pay for the Goods after the Goods have been registered in the Purchasers’ name and without prejudice to any other rights of the Seller, the Purchaser shall be liable to the Seller for any loss incurred by the Seller on a resale of the Goods on an arms length basis.
7. Trade Sale
Any Vehicle sold as a trade vehicle means no warranty implied or given. No guarantee at all.
8. Retention of Title
Although the risk in the Goods shall pass to the Purchaser on delivery of the Goods to the Purchaser or to his representative or to a carrier for the purpose of such delivery the whole right title and interest legal and equitable in the Goods shall remain in the Seller until the Seller has received payment in full.
9. Failure to Pay
If the purchaser fails to pay or delays in paying any money due to the Seller when without prejudice to any other rights or remedies available to the Seller, the Seller shall be entitled to:-
(a) Suspend all further deliveries of Goods to the Purchaser and/ or treat such failure as a repudiation of all contracts between the Seller and the Purchaser;
(b) Charge the Purchaser interest (both before and after judgement) on the amount outstanding, at the rate of Z per cent per annum above the base rate of Barclays Bank Plc 9 (or such other London Clearing Bank as the Seller may nominate) from time to time, from the time such payment falls due until payment in full is made;
(c) Make a storage charge for any undelivered Goods at its rates current from time to time;
(d) A general lien on all goods and property belonging to the Purchaser in the Seller’s possession and such lien shall be exercisable in respect of all sums lawfully due from the Purchaser to the Seller and the Seller shall be entitled on expiration of 14 days notice in writing to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards the amount outstanding.
Any notice to be given hereunder must be given in writing and sent by ordinary first class post or delivered personally to the address given in the contract or the residence or place of business of the person to whom it is addressed. Where a notice is sent by ordinary first class post it shall be deemed to have been received on the first working day after posting.