1. Interpretation
1.1 Definitions
Business: an entity that purchases a Vehicle for business use.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.3.
Consumer: a person who purchases a Vehicle and services for personal use.
Contract: the contract between the Dealer and the Customer for the sale and purchase of the Vehicle in accordance with these Conditions.
Customer: the person or firm who purchases the Vehicle from the Dealer.
Delivery: collection from the Dealer’s site, or, if agreed, delivery to the Customer’s address.
Delivery Location: has the meaning given in clause 4.2.
Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control.
Order: the Customer’s order for the Vehicle, as set out in the Customer’s purchase order form.
Vehicle: all cars, vans, minibuses, caravans, trailers, lorries, motorbikes, anything motor driven, and their components and accessories.
Dealer: PL Motors Kirkcaldy LTD, registered in England and Wales with company number SC678394.
1.2 Interpretation
(a) A person includes a natural person, corporate or unincorporated body, whether or not having separate legal personality.
(b) A reference to a party includes its personal representatives, successors and permitted assigns.
(c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted, and includes subordinate legislation made under it.
(d) Words following “including”, “include”, “in particular”, “for example” or similar are illustrative only and do not limit the meaning of the preceding words.
(e) A reference to writing or written includes fax and email.
2. Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Vehicle in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
2.3 The Order shall only be deemed accepted when the Dealer issues a written acceptance of the Order, at which point the Contract comes into existence.
2.4 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any of the Customer’s documents that is inconsistent with these Conditions.
2.5 Any descriptive matter or advertising produced by the Dealer, including descriptions in catalogues, brochures or on the website, is for guidance only and does not form part of the Contract or have any contractual force.
2.6 A quotation given by the Dealer does not constitute an offer. A quotation is valid for 20 Business Days from its date of issue.
3. Vehicle
3.1 The Vehicle are described in the Dealer’s catalogue or website as the Specification.
3.2 The Dealer reserves the right to amend the Specification if required by applicable statutory or regulatory requirements.
4. Delivery
4.1 The Dealer shall ensure that delivery of the Vehicle is accompanied by a sales invoice/delivery note showing:
the date of the Order;
the contract number; and
the type of Vehicle, including the registration number and current mileage where applicable.
4.2 The Customer shall collect the Vehicle from the Dealer’s premises, or such other location as may be advised by the Dealer prior to delivery (the “Delivery Location”), within seven Business Days of the Dealer notifying the Customer that the Vehicle is ready.
4.3 Delivery is completed when the Vehicle is collected at the Delivery Location.
4.4 If the Customer requests delivery to their agreed address, consideration will be given to the request, but the Dealer does not run an organised distance selling scheme. Any delivery cost is non-refundable, and it is the Customer’s responsibility and cost to return the Vehicle.
4.5 Any dates quoted for delivery are approximate only, and time of delivery is not of the essence. The Dealer shall not be liable for delay caused by a Force Majeure Event or by the Customer’s failure to provide adequate delivery instructions or other relevant instructions.
4.6 If the Dealer fails to deliver the Vehicle, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining a replacement Vehicle of similar description and quality in the cheapest market available, less the price of the Vehicle. The Dealer shall have no liability where failure to deliver is caused by a Force Majeure Event or by the Customer’s failure to provide adequate delivery instructions or other relevant instructions.
4.7 If the Customer fails to take delivery of the Vehicle within seven Business Days of being notified that it is ready, then, except where the failure or delay is caused by a Force Majeure Event or the Dealer’s failure to comply with its obligations:
(a) the Dealer shall store the Vehicle until delivery takes place, and charge the Customer for all related costs and expenses, including insurance; and
(b) the Dealer may deduct such costs from the non-refundable deposit paid.
4.8 If 14 Business Days after the day on which the Dealer notified the Customer that the Vehicle was ready for delivery the Customer has not accepted actual delivery, the Dealer may resell or otherwise dispose of the Vehicle.
5. Quality
5.1 The Dealer warrants that on the date of delivery the Vehicle shall:
(a) conform in all material respects with the Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality within the meaning of the Sale of Vehicle Act 1979 and the Consumer Rights Act 2015; and
(d) be fit for any purpose held out by the Dealer.
5.2 Subject to clause 5.3, if:
(a) the Customer gives written notice to the Dealer during the warranty period, within a reasonable time of discovering that some or all of the Vehicle do not comply with the warranty in clause 5.1;
(b) the Dealer is given a reasonable opportunity of examining the Vehicle; and
(c) the Customer, if asked by the Dealer, returns the Vehicle to the Dealer’s place of business at the Customer’s cost,
the Dealer shall, at its option, repair or replace the defective Vehicle, or refund the price of the defective Vehicle in full.
5.3 The Dealer shall not be liable for failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes further use of the Vehicle after giving notice under clause 5.2;
(b) the defect arises because the Customer failed to follow the Dealer’s oral or written instructions regarding storage, commissioning, installation, use and maintenance, or good practice if no instructions were given;
(c) the Customer alters or repairs the Vehicle without the Dealer’s written consent;
(d) the defect arises from fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Vehicle differs from the Specification as a result of changes made to comply with applicable statutory or regulatory requirements.
5.4 This does not affect the Customer’s statutory rights.
6. Title and Risk
6.1 Risk in the Vehicle shall pass to the Customer on completion of delivery.
6.2 Title to the Vehicle shall not pass to the Customer until the Dealer receives payment in full, in cash or cleared funds.
6.3 Until title has passed, the Customer shall:
(a) maintain the Vehicle in satisfactory condition and keep it insured against all risks for its full price from the date of delivery; and
(b) notify the Dealer immediately if it becomes subject to any of the events listed in clause 9.1(b) to clause 9.1(d).
7. Price and Payment
7.1 The price of the Vehicle shall be the price set out in the Order.
7.2 The Dealer may, by giving notice to the Customer at any time before delivery, increase the price of the Vehicle to reflect increases in cost due to:
(a) factors beyond the Dealer’s control, including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs;
(b) any request by the Customer to change the delivery date(s), quantities or types of Vehicle ordered, or the Specification; or
(c) any delay caused by the Customer’s instructions or failure to provide adequate or accurate information or instructions.
7.3 The price of the Vehicle:
(a) excludes VAT, which the Customer shall additionally pay at the prevailing rate, subject to receipt of a valid VAT invoice; and
(b) excludes transport costs and charges, which shall be invoiced to the Customer.
7.4 The Customer shall pay each invoice submitted by the Dealer:
(a) before the Vehicle are taken from the Dealer’s premises;
(b) in full and in cleared funds to a bank account nominated in writing by the Dealer; and
(c) time for payment shall be of the essence of the Contract.
8. Limitation of Liability
8.1 The restrictions on liability in this clause 8 apply to every liability arising under or in connection with the Contract, including liability in contract, tort, misrepresentation, restitution or otherwise.
8.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by the Sale of Vehicle Act 1979 or the Consumer Rights Act 2015; or
(d) defective products under the Consumer Protection Act 1987.
8.3 Subject to clause 8.3, the Dealer’s total liability to the Customer shall not exceed £5.
8.4 Subject to clause 8.3, the following types of loss are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
8.5 This clause 8 shall survive termination of the Contract.
9. Termination
9.1 Without limiting its other rights or remedies, the Dealer may terminate this Contract immediately by written notice if:
(a) the Customer commits a material breach and, if remediable, fails to remedy it within 7 days of being notified in writing;
(b) the Customer takes any step in connection with administration, provisional liquidation, composition or arrangement with creditors, moratorium, winding up, appointment of a receiver, or ceases to carry on business;
(c) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to comply with the agreement is in jeopardy.
9.2 The Dealer may suspend provision of the Vehicle under the Contract or any other contract if the Customer becomes subject to any of the events in clause 9.1(b) to clause 9.1(d), or the Dealer reasonably believes that the Customer is about to become subject to them, or if the Customer fails to pay any amount due.
9.3 Without limiting its other rights or remedies, the Dealer may terminate the Contract immediately by written notice if the Customer fails to pay any amount due on the due date.
9.4 On termination for any reason, the Customer shall immediately pay all outstanding unpaid invoices and interest.
9.5 Termination shall not affect any rights and remedies accrued at termination, including the right to claim damages for any breach existing at or before termination.
9.6 Any provision intended to continue after termination shall remain in full force and effect.
10. Force Majeure
Neither party shall be in breach of the Contract, nor liable for delay or failure to perform, if such delay or failure results from events, circumstances or causes beyond its reasonable control. The affected party shall be entitled to a reasonable extension of time. If the period of delay or non-performance continues for two months, the other party may terminate this Contract by giving 7 days’ written notice.
11. General
11.1 Assignment and other dealings
(a) The Dealer may assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or otherwise deal with its rights or obligations under the Contract.
(b) The Customer may not do any of the above without the prior written consent of the Dealer.
11.2 Entire agreement
(a) This Contract constitutes the entire agreement between the parties and supersedes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral.
(b) Each party agrees it has no remedies in respect of any statement, representation, assurance or warranty not set out in this agreement, and no claim for innocent or negligent misrepresentation based on any statement in this agreement.
11.3 Variation
No variation of this Contract shall be effective unless it is in writing and signed by the parties, or their authorised representatives.
11.4 Waiver
No failure or delay by a party to exercise any right or remedy under the Contract or by law shall constitute a waiver, nor prevent or restrict further exercise of that right or remedy.
11.5 Severance
If any provision is invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the agreement. If a provision is deleted under this clause, the parties shall negotiate in good faith to agree a replacement provision that, as far as possible, achieves the intended commercial result.
11.6 Notices
(a) Any notice under or in connection with the Contract shall be in writing and delivered by hand, pre-paid first-class post, other next working day delivery service, or email to the specified address.
(b) Notices are deemed received:
(i) if delivered by hand, on signature of a delivery receipt or when left at the proper address;
(ii) if sent by post or next working day delivery service, at 9:00 am on the second Business Day after posting; or
(iii) if sent by fax or email, at the time of transmission, or if outside business hours, when business hours resume.
(c) This clause does not apply to service of proceedings or other documents in legal action, arbitration or other dispute resolution proceedings.
11.7 Third party rights
(a) Unless expressly stated otherwise, the Contract does not give rise to rights under the Contracts (Rights of Third Parties) Act 1999.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
11.8 Governing law
The Contract, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the law of England and Wales / Scotland / Northern Ireland.
11.9 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales / Scotland / Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract.
11.10 Repairs and rejections
It is the Customer’s responsibility to return the Vehicle to the Dealer, at their own cost, where a repair or rejection is required.
12. Distance Selling
12.1 The Dealer does not run an organised distance selling scheme, but relies on these distance selling terms if the sale is caught by legislation governing off-premises sales.
12.2 / 12.3 If you buy as a consumer and the Consumer Contracts Regulations 2013 apply, you have the right to cancel this contract within 14 days, subject to the terms below.
12.4 The cancellation period expires after 14 days from the day on which you, or a third party on your behalf, collect or take delivery of the vehicle.
12.5 To exercise the right to cancel, you must inform the Dealer of your decision by a clear statement sent by post or email. A template cancellation notice can be requested, but is not obligatory.
12.6 To meet the cancellation deadline, it is sufficient to send the clear statement or form before the cancellation period expires.
12.7 Effects of cancellation
12.8 If you cancel this contract:
the Dealer will reimburse payments received, including delivery costs, except supplementary costs if you chose delivery instead of collection or a more expensive delivery type than the least expensive standard delivery offered;
the Dealer may deduct from reimbursement for diminished value caused by unnecessary handling, including anything beyond a standard test drive. Anything over 20 miles driven will result in a deduction of £1 per mile, plus any damage or excess wear;
reimbursement will be made without undue delay and no later than 14 days after the Dealer receives back the vehicle and all documents, including service histories and V5 documentation;
the Dealer reserves the right to register the vehicle with the DVLA only on expiry of the 14-day cancellation period;
reimbursement will be made using the same means of payment unless otherwise agreed;
the Customer will not incur any fees as a result of the reimbursement;
this may include returning any part exchange vehicle if still available and/or seeking payment for any negative equity;
the Dealer may withhold reimbursement until the vehicle and all paperwork are received back in good order;
the Customer must return the vehicle without undue delay and in any event within 14 days of cancellation;
the vehicle must not be driven from the date cancellation is notified, other than to return it to the Dealer;
the Customer remains liable for tax, insurance, fines, charges and penalties until the vehicle is accepted back at the Dealer’s premises;
the Customer bears the direct cost of returning the vehicle and is responsible for its safe return; and
the Customer is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the vehicle.
13. Part Exchange
13.1 The Dealer is not obliged to take a vehicle in part exchange, and the Customer is not obliged to proceed with the part exchange even if an offer has been made.
13.2 Any part exchange vehicle must be available for inspection before any value can be placed on it. Any estimated valuation before inspection is not a binding offer and cannot be relied upon.
13.3 The Dealer is entitled to reject any part exchange vehicle after an offer is made, when delivered, if:
(a) it has been involved in an accident;
(b) there is a discrepancy in mileage;
(c) the condition has changed since inspection;
(d) any issue is identified by an HPI check or similar, including outstanding finance or encumbrances;
(e) it is not the Customer’s property to sell; or
(f) the V5 document is not in the Customer’s name or is damaged or missing.
13.4 Any part exchange vehicle must come with:
(a) all keys and accessories; and
(b) the V5 registration document.
14. Inspection of the Vehicle
14.1 It is the Customer’s responsibility to inspect the Vehicle carefully prior to purchase. The Dealer cannot be held responsible for a Customer’s failure to adequately inspect the Vehicle.
15. Loss or Damage
15.1 The Dealer shall not be responsible for any loss or damage to the Customer’s vehicle unless caused by the negligence of the Dealer’s employees, servants or agents. The Customer is encouraged to remove all personal items from the vehicle.
16. Storage Charges
16.1 The Dealer reserves the right to levy a daily charge for storage of the Customer’s property if left on site without reason.
17. Dispute Resolution
17.1 The Dealer is not part of a dispute resolution scheme.
17.2 If a dispute arises and cannot be resolved between the Dealer and the Customer, then the details of the scheme are:
(a) Name, address, telephone number: [to be inserted].
Customer Acknowledgement
I, the Customer, confirm that:
I have driven the vehicle being purchased on this invoice and am satisfied that it is as described and meets my needs.
I have inspected the condition of the car and am happy that it matches the description in the advert and my expectations.
The specification has been explained to me, and I accept there may be slight differences in the advertised specification due to Autotrader data.
I have checked the vehicle over and am happy to take the vehicle in this specification.
I have inspected all items I can see, such as tyres, and they are in acceptable condition, especially given the age and mileage of the vehicle.
