Tel: 01772 305606 / Email - [email protected]

Terms and Conditions

Effective from 1st October 2015

Nothing contained in these Terms and Conditions will affect or restrict . the statutory rights of a consumer under the Consumer Rights Act 2015

DEFINITIONS AND INTERPRETATION

1.1 In these terms unless the context requires otherwise:

a) 'Vehicle' means the motor vehicle and any parts, accessories and extras detailed in the Order

b) 'Part Exchange Vehicle' means the used vehicle (if any) offered by the Consumer in part exchange for the Vehicle, details of which appear on the Order under the heading 'Part Exchange Vehicle' or similar.

c) 'Order' means the order set out overleaf for the purchase of the Vehicle.

d) 'Accessory' means an extra or accessory detailed in the Order.

e) 'Trader' means the Trader named “RS Car Centre” or any of its representatives

f) 'Consumer' means the person, firm or company placing the Order.

g) 'CRA 2015' means The Consumer Rights Act 2015

h) 'Contract' means the contract or the sale and purchase of the Vehicle(s)

i) 'Purchase Price' means the price for the Vehicle (including, where applicable, accessories, road fund licence, delivery, warranty, insurance, fuel, car tax and value added tax) current at the date of the Order.

j) 'Allowance' means the amount specified on the Order as allowed by the Trader against a Part Exchange Vehicle.

k) 'Estimated Delivery Date' means the estimated delivery date (if any) specified on the Order.

l) 'Encumbrance' includes (without limitation any interest or equity of any person, any mortgage, pledge, lien, assignment, hypothecation, security interest, title retention of any other security obligation or any agreement or obligation to create any of the foregoing.

m) 'Completion' means the completion of the transaction, comprising the Trader's delivery of the Vehicle, and the Consumer delivering the Part Exchange Vehicle in accordance with clauses 9.3 and 9.5.

n) 'Sales information' means the sale information provided by the Trader and not the manufacturer.

1.2 Headings are for convenience only and do not affect the construction of the Contract: the masculine shall include all genders and the singular shall include the plural; any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.

1.3 These terms together with the terms set out on the Order are the only terms of the Contract, No variation to the Contract is effective unless agreed in writing by an authorised representative of the Trader.

2. FORMATION OF CONTRACT

2.1 The Order is the Consumer's offer to purchase the Vehicle upon these terms. The Contract is formed upon the Trader accepting that offer by signing and dating the Order.

2.2 The Contract is personal to the Consumer, who shall not assign the benefit of the

Contract without the prior written consent of an authorised representative of the Trader.

2.3 The Sales Information provided by the Trader will form part of the Contract but not otherwise.

3. CANCELLATION AND DEPOSITS

3.1 Unless entitled to do so under clause 4.4, clause 5.2 or clause 15, the Consumer may not cancel the Contract without the prior written agreement of an authorised representative of the Trader. If the Consumer seeks to cancel the Contract in any other manner, the Trader may retain any payment paid (without prejudice to its other rights and remedies). If the Consumer cancels under clauses 4.4, 5.2 or 15 the Trader shall return to the Consumer any payment paid and thereafter shall have no further liability to the Consumer under the Contract.

4. DELIVERY

4.1 Unless otherwise specifically agreed in writing 'delivery' means the Trader's making the Vehicle available at the Trader's premises for collection by the Consumer. Risk in the Vehicle shall pass on delivery.

4.2 As soon as the Vehicle is ready for collection, the Trader shall inform the Consumer who shall then have seven days in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the Vehicle.

4.3 The Consumer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full, and if he fails to pay, the Trader shall be entitled to treat the Contract as repudiated by the Consumer. Until the Contract is so terminated the Trader may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Trader in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the Purchase Price. The Trader will charge a storage fee of £20 per day if stored within their own premises. If the Trader treats the Contract as repudiated by the Consumer, the Trader may (without prejudice to its other rights and remedies under the Contract) retain any payment paid by the Consumer and sell the Vehicle and retain the proceeds of the sale.

4.4 If the Trader fails to deliver the Vehicle within thirty days after the Estimated Delivery Date the Consumer may give seven days' notice to the Trader requiring delivery. Failing such delivery, the Consumer may cancel the Contract.

5. PRICE AND PRICE VARIATION

5.1 The price advertised for the vehicle shall match both the physical price hanger within the vehicle and the price advertised for the vehicle on the Trader's website.

5.2 Price may be adjusted by the Trader at any point prior to the Consumer's offer to purchase the vehicle.

6. PAYMENT

6.1 Unless otherwise agreed by the Trader (and in all cases other than a sale via a finance company pursuant to clause 8) the Consumer shall pay the Purchase Price in cash, bank transfer or debit card, Credit card payments are not acceptable unless specifically agreed in writing signed by an authorised representative of the Trader.

6.2 The Trader accepts payment by cheque only if the Trader receives the cheque at least seven clear banking days before the date on which delivery of the Vehicle is intended to take place. Payment shall not be deemed to have been made until cleared funds are received at the Trader's bank.

6.3 An agreement to accept payment on credit terms shall be effective only if in writing signed by an authorised representative of the Trader. Any agreed credit period shall commence from date of delivery of a Vehicle and unless otherwise specified shall be seven days.

6.4 The Trader reserves the right at any time prior to payment to request banker's or any other references as to the Consumer's financial status. Failing receipt of satisfactory references the Trader may withdraw any agreement to receive payment otherwise than in cash on delivery.

7. TITLE

7.1 Notwithstanding delivery, until the Trader has received from the Consumer payment of all sums (whether by way of Purchase Price or otherwise) payable to the Trader, whether under the Contract or any other contract, both beneficial and legal title to the Vehicle remain in the Trader name.

8. FINANCE ARRANGEMENTS

8.1 Notwithstanding the foregoing provisions of this Contract, the Consumer may, within seven days after receiving notification that the Vehicle is ready for delivery, arrange with an external finance company to purchase the Vehicle from the Trader for the Purchase Price upon the same terms (other than the identity of the Consumer) as this Contract. Upon payment of the Purchase Price the finance company so introduced shall be deemed to be the Consumer of the Vehicle (and all references to the Consumer shall be construed accordingly) and the Trader will deliver the Vehicle to the order of such finance company (and all references to delivery of the Vehicle shall be construed accordingly, delivery to the Consumer first named in the Order being deemed to be effective delivery to the order of the finance company).

8.2 If the Consumer introduces the sale of the Vehicle to a finance company, as specified in clause 8.1, the provisions of this Contract as regards the Consumer originally named in the Order shall then cease to have effect with the exception of the terms relating to the Part Exchange Vehicle (if any), which shall continue to have effect, with one variation: the Trader shall, on behalf of the Consumer, account for the Allowance and any deposit paid under this Contract to the order of such finance company. The finance company shall thus be substituted as the Consumer of the Vehicle hereunder. The purchase of a Vehicle by a finance company at the request of the Consumer shall not release the Consumer from his obligations under clauses 11 and 13 to inspect the Vehicle and to satisfy himself that the Vehicle is suitable for his purposes.

8.3The Trader may receive a commission from finance company, but any such commission will not affect the amounts the Consumer will pay under their finance agreement, if the Consumer would like to know the amount of the any remuneration The Trader has received from the finance provider, please ask The Trader.

8.4 The Trader shall charge a £225 admin fee to cover administration costs for any Consumer who uses an external finance company, This fee will able to be added to the price of the vehicle.

8.5 The Trader reserves the right to waive any admin fee without prejudice.

9. PART EXCHANGE VEHICLE

9.1 The provisions of this clause 9 shall apply if the Consumer has proffered a Part Exchange Vehicle. Where the Trader agrees to allow part of the Purchase Price to be discharged by the Consumer's delivering to the Trader the Part Exchange Vehicle, the Allowance is given and received and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract between the Consumer and the Trader) on the conditions set out in clauses 9.2 to 9.7 (both inclusive).

9.2 The Consumer passes to the Trader good title to the Part Exchange Vehicle either:

free from Encumbrances; or

If there are Encumbrances on the Part Exchange Vehicle but all are capable of cash settlement, instead of applying the whole of the Allowance towards payment of the Purchase Price, the Trader will apply the Allowance (up to the whole amount) towards settlement of any obligations to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested third parties to be made after the Trader has received the Part Exchange Vehicle and made delivery of the Vehicle to the Consumer.

The Trader has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place; and b) the condition of the Part Exchange Vehicle as delivered to the Trader before or at the time of delivery of the Vehicle to the Consumer is substantially the same as that existing at the time of the Trader's examination (fair wear and tear excepted).

Risk in and title to the Part Exchange Vehicle shall pass to the Trader on delivery.

Without prejudice to clause 9.3 (b) the Consumer shall deliver the Part Exchange Vehicle to the Trader within seven days of notice to the Consumer that the Vehicle is ready for collection.

If Completion takes place on a date which is more than-thirty days after the date of the Order, except when the delay is a direct result of the Trader's act or default, the Trader reserves the right to reduce the Allowance by an amount equal to 2.5% of the Allowance for each completed period of thirty days between the date of the Order and Completion

The Consumer has made The Trader aware of any pre-existing faults with the Part Exchange Vehicle prior to Completion, if The Consumer doesn't adhere to this and fail to inform The Trader of known faults then the purchase order shall be considered forfeit and will be unwind

If any of clauses 9.2 to 9.6 (both inclusive) are not fulfilled, the Trader shall be discharged from any obligation to purchase the Part Exchange Vehicle or to make the Allowance and the Consumer shall discharge the purchase Price in full in cash.

10. WARRANTY AND PROCEDURE DETAILS

10.1 The Vehicle may be supplied with parts & labour warranty

10.2 The terms & limitations of any warranty cover will be clearly explained to the Customer and that they will be given plenty of time to read the warranty cover provided.

10.3 Should the warranty claim limit stated within the warranty booklet be exceeded the Consumer understands they may be liable to cover any excess over the claim limit

10.4 Unless previously agreed with the Trader, any claim under the warranty should be completed by a VAT registered garage/workshop, excluding main dealerships due to associated hourly labour rates charged by such dealerships.

10.5 The Trader shall not be responsible to bear any costs associated with recovery/transportation of the vehicle to a VAT registered garage/workshop

10.6 Should the Consumer not be able to find any local VAT registered garage/workshop that carry out warranty work and instead wish to return the vehicle to the Trader to carry out the repairs under warranty then the return of the vehicle to the Traders address shall be the responsibility of the Consumer, this includes instances in which the vehicle can't be driven due to a fault and will thus need transporting, the Consumer will bear any such costs associated.

10.7 The Trader may without prejudice request that the vehicle be returned to their premises or a third party workshop of their choice for a repair to be carried out.

10.7 The Consumer understands that should the Trader find evidence that the vehicle has been used in any form of motorsports, has been modified or used for hire & reward then this will void any warranty.

11 LIMITS OF LIABILITY

11.1 The Vehicle is sold strictly on the terms that the Consumer has inspected the Vehicle and has satisfied himself of its suitability for his purposes and of its satisfactory quality. The Consumer acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and representations made by the Trader to the Consumer do not form part of this Contract.

11.2 The Trader's total liability for the aggregate claims of the Consumer arising out of a single act or default of the Trader (whether due to the Trader's negligence or otherwise) shall not exceed the Purchase Price.

11.3 This provision in the Contract does not affect the rights of a Consumer to seek a price reduction in the event that the Trader fails to perform a service without reasonable skill and care

12. TERMINATION

12.1 Without prejudice to any of its other rights and remedies the Trader shall be entitled to postpone delivery of the Vehicle and suspend performance of the Contract at any time prior to Completion.

13 DISTANCE SELLING & RETURNS POLICY

13.1 If the contract has been completed without any face to face contact between the Trader and Consumer, or anyone acting on either parties respective behalf, The Consumer may give notice to cancel within 14 days without giving any reason.

13.2 The cancellation period will expire 14 days after the day on which the Consumer, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Consumer must inform us of your decision to cancel the contract in writing by clear statement (e.g. a letter sent by post or email) to the Trader's address as set out overleaf.

13.3 If the Consumer cancels the contract, the Consumer will be reimbursed using the same means as which they paid (unless paid for in cash in which a alternative reimbursement means will be used), all payments received under the contract not later than 14 days after the day on which the Trader receives the Goods back.

13.4 The Trader may withhold reimbursement until they have received the Goods back or the Consumer has sent evidence of having sent back the Goods back, whichever is the earliest or in the case that a dispute arises due to external factors. The Consumer should send back the Goods or deliver them back to the Trader at the address shown overleaf, not later than 14 days after the day on which you communicate your cancellation of the contract. The Trader will require the Consumer to bear the cost of returning the Goods.

13.5 The Consumer must take all reasonable care of the Goods and will be responsible for any loss or damage from when the Goods are delivered, until when they are returned to the Trader.

14 RETURNS & REJECTION POLICY

14.1 If the Consumer seeks to return the Goods under any part of the CRA 2015, the Consumer must inform The Trader of the decision to return the good in writing by clear statement (e.g. a letter sent by post, fax or email) to the Trader's address as set out overleaf and stop use of the Goods with immediate effect. In addition to the statement the Consumer will be required to give The Trader a current accurate mileage of the Goods, If no mileage is provided by the Consumer within 48 hours then it will be assumed that the Consumer is still using the Goods and as such is happy to keep ownership of the vehicle or in the case that the Goods are being returned due to a fault, that the Consumer is wilfully using the Goods negligently with a fault that could develop further.

14.2 The Consumer shall be responsible for returning the vehicle via transporter, trailer or alternative delivery form, the Goods must not be driven back to the Trader's address to avoid any further possible damage, increases in mileage. If the Trader determines that the Goods are safe and can be drive back to the premises then mileage will be recorded as provided in section 14.1

14.3 Once the vehicle is back at the Trader's address, they reserve the right to have the Goods inspected for any damage.

14.4 The Trader shall deduct £0.45p per mile up to 10,000 miles travelled since point of sale from the refund amount, The Trader may also deduct a restocking fee (£100), Valet fee (£45) and further deduction may be incurred if any damage is present on the Goods which wasn't present at point of sale, In the event of a dispute relating to damage, images used on the Trader's website shall be used to determine if any cosmetic damage, mechanical damage shall be determined by a third party workshop.

STORAGE

In the event that the vehicle is returned to the Trader's address for any reason, the Trader may charge a £20.00 per day storage fee once Goods are made ready to collect.

16. Precedence of Terms

16.1 These Terms and Conditions shall govern all transactions between RS Car Centre (“the Trader”) and any third party, including but not limited to finance providers, brokers, and agents. In the event of any conflict between these Terms and Conditions and those issued by the other party, the Traders Terms and Conditions shall prevail, unless expressly agreed otherwise in writing by a director of the Trader.

16.2 These Terms and Conditions constitute the entire agreement between the parties and supersede any prior agreements, understandings, or communications, whether written or oral, relating to the subject matter herein.

16.3 Engagement with the Trader, including but not limited to the submission of finance applications, acceptance of quotations, initiation of vehicle purchase processes or payout of funds in relation to any finance proposals shall be deemed acceptance of these Terms and Conditions.

17. FORCE MAJEURE

The Trader shall not be liable to the Consumer if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract.

18. NOTICES AND GENERAL PROVISIONS

18.1 No waiver of any of the Trader's rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Trader. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Trader's rights in relation to different circumstances or the recurrence of similar circumstances.

18.2 Any notice under these terms and conditions shall be properly given if in writing and sent by first class post or email to the address/email address of the intended recipient as stated in the Contract or to such address as the Trader and the Consumer from time to time notify to each other as their respective addresses for service and shall be deemed served, in the case of postal notice on the expiry of 48 hours from time of posting.

18.3 Each of these terms and conditions and each paragraph hereof shall be construed as separate conditions; should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Trader's liability then such provision shall apply with such modification as may be necessary to make it valid and effective.

18.4 English Law shall govern construction and operation of the Contract and the Consumer agrees to submit to the exclusive jurisdiction of the English courts.

Signed :

Date: