Pentagon Terms And Conditions Of Trade Sale Of Vehicles

Consumer Transactions

Nothing herein contained is intended to affect, nor will it affect, a consumer statutory rights under The Consumer Rights Act 2015 or any amendment thereof.

 

1. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance by the Seller.
2. The vehicle is supplied as roadworthy at the date of delivery and is supplied subject to any conditions of warranties that are implied by The Consumer Rights Act 2015 or any amendment statute in the case of the consumer sales (as defined by the Consumer Rights Act 2015).

(i) Prior to signing this order form the purchaser shall examine the vehicle and the items set out in the Purchasers Certificate of Examination attached and the purchaser is reminded that the condition of merchantable quality implied by The Consumer Rights Act 2015 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to defects notified by the dealer to the purchaser before signing the agreement, the condition of merchantable quality above referred to does not operate in relation to those defects.

3. Any accessories fitted or supplied by the seller will be entitled to the benefit of any warranty given by the manufacturer of those accessories.
4. (a) The seller will endeavour 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. Delivery shall be deemed effected when the goods are made available for collection by the customer, and the dealer has so informed the customer (The Seller shall not be obliged to fulfil orders in the sequence in which they were placed).

(b) If the Seller shall fail to deliver the goods within 28 days of the estimated date of delivery stated in this contract the Purchaser may, by notice in writing to the Seller, require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.

 

5. If the contract is cancelled under the provisions of clause 4 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.
6. If the purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Seller's right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchaser's default.
7. The goods shall remain the property of the Seller until the total purchase price has been discharged in full.

 

8. If the goods to be supplied by the Seller are new, the following provisions shall have effect:

(a)          This agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufactures or Concessionaire from time to time lawfully attach to the supply of the goods or the re-sale of such goods by the Seller, and the Seller 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 or conditions. A copy of the terms and conditions currently so attached by the Manufacturer and Concessionaire may be inspected at the Seller's Office.

(b)          The Seller undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that he will use his best endeavours to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by them to the Seller or to the Purchaser in respect of the goods.

 

(c)           No allowance can be made for any part of the standard equipment supplied with the vehicle which the Purchaser does not wish to take.

(d)          Notwithstanding the sum of Car Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for Car Tax in respect of the goods and notwithstanding also the sum for Value Added Tax specified in the order, plus any additional HMRC taxes or tariffs the sum of which will be payable by the Purchaser in respect thereof shall be such as the Seller becomes legally liable for at the time the taxable supply occurs.

(e)          If after the date of this order and before delivery of the goods to the Purchaser the Manufacturer's or Concessionaire's recommended price for any goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser and:

(i)            In the event of the Manufacturer's or Concessionaire's recommended price for the goods being increased the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Purchaser does not give such notice as aforesaid the increase in price shall be added to and become part of the contract price.

(ii)           In the event of the recommended price being reduced the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price to the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice.

(f)           In the event of the Manufacturer of the goods described in the order ceasing to make goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser, cancel the contract.

 

9. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance 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:

 

(a)          (i) That the Purchaser has good title to such used vehicles and it is free from any third party charge or interest.

 

or (ii) That such used vehicle is the subject of a credit sale agreement or other third-party charge or interest capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof.

(b)          That if the Seller has examined the said used vehicle prior to his confirmation and acceptance of this order the said used vehicle shall be delivered to them in the same condition as at the date of such examination (fair wear and tear excepted).

(c)           That such used vehicle shall be delivered to the Seller 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 Seller absolutely.

(d)          That without prejudice to (c) above such used vehicle shall be delivered to the Seller within 14 days of written notification to the Purchaser that the vehicle to be supplied by the Seller is ready for delivery.

(e)          Please be aware that the part exchange value within this contract is based on the information provided at the time of the order. This is subject to mileage, condition and market value fluctuations. Whilst the value is forecasted at the time of the order, this is only guaranteed for a period of 60 days from the date of the order. Where the purchase is completed outside of this period; or where significant damage occurs between the order and completion, this value will be recalculated. Where this is recalculated values may go up as well as down.
If the Purchaser does not wish to accept any revised part exchange value, the Purchaser can elect to cancel the contract by giving notice in writing to cancel to the Seller within 7 days of receiving the revised part exchange value. Upon cancellation, any deposit paid by the Purchaser will be refunded  and the Seller shall be under  no further liability to the Purchaser for any  sum whatsoever

In the event of the non-fulfilment of any of the foregoing conditions, other than (e) the Seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller.

 

10. Any notice given hereunder must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received in due course of post.

 

11. Notwithstanding the provisions of this agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to them that the vehicle has been completed for delivery to arrange for a finance company to purchase the goods from the Seller at the price payable hereunder. Upon the purchase of the goods by such finance company, the preceding clauses of this agreement shall cease to have effect, but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance, upon the conditions set forth in clause 8 above (save that in (c), (d) and (e) thereof all reference to 'delivery' or 'delivered' in relation to 'the goods' shall be construed as meaning delivery or delivered by the Seller or to the finance company on behalf of the Purchaser for the said price and any deposit paid by them under this agreement.

 

12. Distance Selling - A contract is considered to be a ‘Distance contract’ where contact between the supplier and consumer makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded.

As the supplier, prior to the conclusion of the contract, we will provide you: Our full Company name and postal address.

The price of the goods or services including all taxes. Delivery costs where appropriate.

The arrangements for payment and if appropriate, delivery. The existence of a right to cancel.

The cost of using the means of distance communication where it is calculated other than at the basic rate.

The period for which the offer or price remains valid

Where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently.

By the point of collection or delivery, we will have advised you of any after sales services or guarantees that are supplied with the goods or services.

If at any time you wish to raise a complaint, this should be sent in writing to the Seller

Where you have the right to cancel the contract, written notice should be given to the Seller within 14 days of delivery of the goods or services. The notice of cancellation operates to cancel the contract. Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation in respect of the contracts:

 

For the supply of services if the contract has begun with the consumer’s agreement before the end of the applicable cancellation period and after the supplier has provided the required information.

For the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the seller.

For the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

For the supply of audio or video recordings or computer software if they are unsealed by the consumer

In the event of a cancellation, the supplier will reimburse the price paid for the goods only. This reimbursement will be made to the consumer within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given. If the contract is cancelled after the consumer has acquired possession of the goods, the consumer is treated as being under a duty throughout the period before cancellation to retain possession of the goods and to take reasonable care of them.

On cancellation, the consumer is under a duty to restore, at the consumers own expense, the goods to the supplier’s place of business, and in the meanwhile to retain possession of the goods and take reasonable care of them. The supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, to the supplier’s place of business.

Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request, and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods continues until the consumer returns the goods.

13. In the event that the Purchaser wishes to claim a refund (if applicable), the Purchaser will be liable for returning the vehicle to the supplying dealership, including any costs incurred in doing so.
14. Any notices given hereunder must be in writing and sent by the Customer by first class post to the Sellers place of business.
15. Failure by the dealer to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.