Definitions
1.1 "The Dealer", the person designed overleaf who is the vendor of the goods to the customer.
1.2 "The Customer", the person designed overleaf, contracting for goods and services to be supplied by the Dealer.
1.3 "Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.4 "Vehicle" includes any car, lorry, van, trailer, caravan, invalid carriage, motorcycle and generally each and every accessory to and component thereof.
2. Whole Contact
2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by a written agreement between the parties.
3. Interpretation
3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4. Enforceability
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
5. Written Confirmation
5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.
6. Time Not of the Essence
6.1 The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.
7. New Goods
If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
7.1 this Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office.
7.2 the Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save in the case of consumer sales (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
7.3 notwithstanding the sum for Car Tax specified in the order, the sum payable by the Customer in respect thereof, shall be such sum as the Dealer has legally had to pay or become legally bound to pay for Car Tax in respect of the Goods. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.
7.4 if after the date of this order and before delivery of the Goods to the Customer, the manufacturer or concessionaires recommended price for any of the Goods shall be altered, the Dealer shall give notice of any such alteration to the Customer, and
7.4.1 in the event of the manufacturer’s or concessionaries recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.
7.4.2 in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.
7.5 in the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.
7.6 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
8. Used Goods
8.1 if the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation).
8.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
8.1.2 Prior to signing this order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination overleaf and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
8.2 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
8.3 We pride ourselves in only providing cars of the highest of standards - all vehicles are taken through a pre-delivery inspection and are fully HPI checked for your peace of mind. We price our vehicles for sale on the basis of age, condition and mileage. The vehicles for sale may have previously been used for business or hire purposes and so may have had multiple users. Where we hold documents relating to vehicle history, these are available for inspection on request and we are happy to address any specific queries before you view or make an offer to purchase any vehicle.
9 Variation
9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
10. Delivery and Payment
10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.
11. Place of Delivery
11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.
12. Repudiation by Customer
12.1 If you do not pay for and take delivery of your vehicle within 14 days of notification that the vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in reselling the vehicle plus any reduction in the sales price achieved. We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.
12.2 Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost as a result of having to resell. If this amount is less than your deposit, then we will refund the balance of your deposit with the notification. If the claimable amount is more than the deposit, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.
12.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
13. Loss or Damage
13.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by the negligence of the Dealer 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 Dealer, must rely upon his own Insurance.
14. Retention of Title and Risk
14.1 Risk of damage or loss of the Goods is at the risk of the Customer as soon as they are delivered by the Dealer to the Customer. Delivery shall take place at the premises of the Dealer unless the parties otherwise agree in writing.
14.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
14.3 Until the Customer becomes the owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.
14.4 The Customer's right to possession shall cease if they, not being a company, become bankrupt or If they, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The Dealer may for the purposes of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
14.5 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer’s monies.
15. Right of Lien
15.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.
16. Part Exchange
16.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle to the Dealer, in consideration of such allowance it is hereby agreed to be given and received and such used Vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the Goods and upon the following further conditions.
16.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf.
AND
16.1.2 that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
OR
16.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.
16.2 that if the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).
TERMS AND CONDITIONS OF SALE - VEHICLES (Page 2 of 2)
16.3 that such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.
16.4 That without prejudice to 16.3 above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the Goods to be supplied by the Dealer are available for delivery.
16.5 if the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said used vehicle may be subject to a reduction by an amount reflecting the reduction in the market value of the part exchange vehicle.
In the event of the non-fulfilment of any of the foregoing conditions, other than 16.5 the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.
17. Authority to Contract
17.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.
18.Authority to Uplift
18.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
19. Authority to Drive
19.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 16.
20. Finance
20.1 Notwithstanding the provisions of this agreement the Customer shall be at liberty before the expiry of 7 days after notification to him that the Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have an effect but any Used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 16 above (save that in 16.3, 16.4 and 16.5 thereof all reference to 'delivery' or 'delivered' in relation to the 'Goods' shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by him under this agreement.
21. Notices
21.1 all written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer's address shown overleaf.
22. Resellers
22.1 It is a term of this contract that any vehicle sold is for use by the purchaser either as a consumer or in their business and not for resale.
22.2 Where the Dealer has reason to believe the goods are for resale the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.
22.3 Where the vehicle has been delivered, the Dealer may at their discretion, either require the return of the vehicle or require payment of liquidated damages equal to the difference in value of the vehicle as purchased and as sold by the Customer along with any reasonable administration and enforcement costs.
23. Export Outside EU
23.1 The Dealer reserves the right to cancel this order if it believes that;
23.1.1 The Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months; or
23.1.2 where the Customer is a corporation its place of business is not within the European Union; or
23.1.3 where the Customer is a finance company, that the Goods are not being purchased on behalf of an end-user and such end-user is not resident nor has its place of business within the European Union.
23.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the European Union.
24. Distance Selling
24.1 If this Agreement has been completed without any face to face contact between the Dealer and the Customer, or anyone acting on the Customer or Dealers respective behalf, the Customer may give the notice to cancel this Agreement within 14 days without giving any reason.
24.2 This cancellation period will expire 14 days after the day on which the Customer, or a third party on the Customers behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Customer must inform the Dealer of its decision to cancel this Agreement in writing by a clear statement (e.g. a letter sent by post, fax or email) to the Dealers address as set out overleaf.
24.3 To meet the cancellation deadline, it is sufficient for the Customer to send communication confirming the exercise of the right to cancel before the cancellation period has expired.
24.4 If the Customer cancels this Agreement, the Dealer will reimburse all payments received under this Agreement, without undue delay, and not later than:-
a) 14 days after the day on which the Dealer received the Goods back, or
b) (if earlier) 14 days after the day the Customer provide evidence that they have returned the Goods; or
c) If there were no Goods supplied, 14 days after the day on which the Dealer is informed about the decision to cancel this Agreement.
24.5 The Dealer will make the reimbursement using the same means payment as was used for the initial transaction unless expressly agreed otherwise.
24.6 The Dealer may withhold reimbursement until it has received the Goods.
24.7 The Customer must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to until when they are returned.
24.8 The Customer is liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
25. Storage Charges
25.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer's vehicle or vehicles.
26. Jurisdiction
26.1 This Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
Cambria Automobiles (Swindon) Limited, Cambria Vehicle Services Limited, Grange Motors (Brentwood) Limited, Grange Motors (Swindon) Limited, Invicta Motors Limited, Invicta Motors (Maidstone) Limited, Thoranmart Limited and SOGO Mobility Limited are Appointed Representatives of Cambria Automobiles (South East) Limited who is Authorised and Regulated by the Financial Conduct Authority (FCA) in insurance mediation activity only.
Terms and Conditions - Aftersales
PARTS
1. The Company reserves the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order).
2. All 'Special Orders' correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue on the production of this invoice.
3. The Company reserves the right to require a non-refundable deposit on special orders.
4. Worn units will only be accepted in a clean and oil-free condition.
5. All claims or queries pertaining to this invoice must be made within 7 working days of issue quoting this invoice number.
6. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.
Warranties/ Company's Liability
7. Except in so far as liability may be placed upon the Company by the Sale of Goods Legislation and where the customer is a consumer as therein defined, or by the Unfair Contract Terms Act 1997, or in respect of a vehicle subject to a manufacturer's Warranty or other written warranty, no warranty is given or implied as to the quality of goods or services or their fitness for any particular purpose whether known to the Company or not. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company's default or negligence and shown to be such to the Company's satisfaction.
8. Subject to clause 8 below, the Company assigns to the customer, the benefits of any applicable manufacturer's warranty for parts fitted to a vehicle in the course of a repair or service.
9. The Company's obligation under clause 7 shall be mitigated or removed if any defect is caused or worsened by any of the following:-
i. Failure to notify the Company of the defect.
ii. Failure to afford the Company opportunity to rectify the problem.
iii. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
iv. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
v. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
BODYWORK/REPAIR
10. VARIATIONS TO ESTIMATE
This estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause.
Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
11. PAINTWORK
Where new paintwork is required and the metalwork is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour schemes, but no guarantee can be given a perfect colour match.
12. DELIVERY
The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although it can accept no responsibility for delays outside its control.
13. PAYMENT
Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened or we have been authorised to carry out the work by a recognised insurance provider.
14. LIABILITY
Where the Company contracts to carry out a defined repair or diagnostic operation, the Company's liability shall be limited to the performance of such work as may be defined by the standard manufacturer's schedule as coming within the scope of such operation.
15. USE OF THE CUSTOMER'S VEHICLE
The Company and its employees and agents are expressly authorised to use the customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used and to provide legally required insurance of the vehicle.
16. LIEN
The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for the supply of goods and services for all monies due from the customer on any account.
17. RISK/DELAY
Subject to the provisions of the Unfair Contract Terms Act 1997 and any amendment thereof vehicles, including components, fittings and contents are left with the Company entirely at the customer's risk. The Company shall in no circumstances be liable for loss or damage thereto or for the delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Company, its employees or agents.
18. BANKRUPTCY/ INSOLVENCY OF CUSTOMER
If the customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a receiver of his effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances, the price for all the services rendered and goods supplied shall immediately become payable.
19. STORAGE CHARGES
If following the completion of services the customer's vehicle(s) is left at the Company's premises or the premises of the Company's agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
20. REPLACEMENT PARTS
The Company shall obtain the customer's express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
21. EXCHANGE UNITS
In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacturer's credit note is received, the surcharge will be cancelled.
22. DISPOSAL OF UNCOLLECTED GOODS
Any vehicle which is not collected by the customer and in respect of which payment for repairs carried out has not been made within three calendar months of the customer having been advised of the completion of the work may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the customer last known to the Company and shall be deemed to have been received by the customer on the day following the date of posting or if that shall be a Sunday or a Public Holiday to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the customer or forward the same to the customer at the customer's last known address.
23. STATUTORY RIGHTS
Your statutory rights under the Sale and Supply of Goods Act and consumer legislation are not affected by these terms and conditions.
24. DATA PROTECTION
The Company will hold the information overleaf for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organisation. We, or they, may contact you by email, telephone or letter to inform you of products or services which may be of interest to you, or you may be asked to participate in a customer survey by either the Company, your vehicle manufacturer or third party. If you do not want your information to be used in this way please notify us by writing to the Dealer Principal at the address shown overleaf.
25. All the agreements between the Company and the customer are personal to customers who may not assign his rights or liabilities to any third party by any means.
26. This contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
Complaints
Excellent customer care is paramount to Cambria Automobiles. However, we accept that there are times when we get it wrong and to bring this to our attention and resolve your complaint quickly please click here for details - complaints process.
Use of your data
Cambria Automobiles Ltd uses Legitimate Interest when it is our legitimate interest and those interests do not override your rights and freedoms.
For example, when it is in the interest of the business in conducting or managing our business to enable us to give you the best service and products for safety, security and latest update purposes.
We make sure we consider and balance any potential impact on you and your rights before we process your personal data for our legitimate interests and in line with requirements permitted by law.
You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at datamanager@cambriaautomobiles.co.uk
COVID-19 RESET PLAN and RISK ASSESSMENT
Reset Plan - A Guide for Dealerships and Associates during the coronavirus (COVID-19) Pandemic
Working Safely - Risk Assessment - working safely during the coronavirus (COVID-19) Pandemic