TERMS AND CONDITONS
“Conditions” means the terms and conditions set out in this document.
“Contract” means the legally-binding agreement between us and you for the sale and purchase of the Vehicle which incorporates these Conditions.
2. CONDITIONS OF SALE
These Conditions (together with the documents referred to in it) tells you the terms and conditions on which we supply a vehicle (“Vehicle”) whether through our website (“our site”) or otherwise to you. Please read these Conditions carefully. You should understand that if you purchase a Vehicle the purchase will be subject to these Conditions and you agree to be bound by these Conditions.
When you use our site, you acknowledge that our site is only intended for use by people resident in the United Kingdom.
By submitting a request for formal quote (“Request for Formal Quote”) through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You hold a full UK driving licence, and
(d) You are resident in the United Kingdom, and
(e) You are accessing our site from the United Kingdom, and.
(f) That the Vehicle’s stated mileage on the Request for Formal Quote is accurate.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After submitting the Request for Formal Quote for a Vehicle whether via our site, email, or phone, you will receive an e-mail or telephone call or letter from us acknowledging that we have received your request. We will then send you a letter explaining the actions you need to take, a Vehicle Purchase Order and a summary of the Mechanical Guarantee that may be included with the vehicle sales. Your signature on the Vehicle Purchase Order constitutes an offer by you to us to buy the Vehicle in accordance with these Conditions. This offer is subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail. We reserve the right at all times to reject any Vehicle Purchase Order, in whole or in part, at our sole discretion. The contract between us which incorporates these Conditions (“Contract”) will only be formed when we receive the signed Vehicle Purchase Order completed in full and payment in cleared funds. The Contract will relate only to the Vehicle the details of which we have confirmed in the Vehicle Purchase Order. We will not accept any variation to these Conditions, the Vehicle Purchase Order or quotation from us unless the variation is expressly agreed by us in writing and signed by a duly authorised signatory on our behalf.
5. SETTLEMENT OF EXISTING VEHICLE CONTRACTS
Please be aware that it is your responsibility to check that any outstanding monies due under the any lease agreement to which this vehicle is subject is also settled in full. The Vehicle Purchase Order does not, in any circumstance, settle any outstanding elements of your/any leasing agreement including without limitation:
Please check with your Customer Service representative and ask for a settlement figure in respect of any leasing agreement prior to purchasing the Vehicle.
6. AVAILABILITY AND DELIVERY
6.1 If a delivery date is not specified, unless the Vehicle is already in your possession under the agreement we have with your company/employer, then within a reasonable time of the date of the Contract.
6.2 We will not arrange for either a safety check of the Vehicle or for cleaning of the Vehicle.
7. RISK AND TITLE
7.1 The Vehicle will be at your risk from the time of delivery, or, if already in your possession, from the date the Contract is formed. We will not be liable for any loss or destruction of the Vehicle occurring after the time of delivery, or where the Vehicle is in your possession, from the date the Contract is formed.
7.2 Ownership of the Vehicle will only pass to you when we receive the signed Vehicle Purchase Order and full payment in cleared funds of all sums due in respect of the Vehicle.
8. PRICE AND PAYMENT
8.1 The price will be the amount stated on the Vehicle Purchase Order and is valid for 28 days from the date the quote was provided. After this time a new quotation will be required. The price is exclusive of any applicable VAT.
8.2 Our site contains a large number of Vehicles and it is always possible that, despite our best efforts, some of the Vehicles listed on our site may be incorrectly priced. We will verify the price as part of the Request for Formal Quote process. We are under no obligation to provide the Vehicle to you at the incorrect (lower) price, even after we have sent you a Vehicle Purchase Order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
8.3 Payment for a Vehicle must be by electronic transfer to the bank details set out on the sales invoice.
9. DATA PROTECTION
Should you have any complaints that you wish to raise with us regarding this transaction or any other matter please put them in writing and address them to: Driver Sales Manager, c/o BCA Remarketing Solutions, Suite F, Pentland House, Village Way, Wilmslow, SK9 2GH.
11. CANCELLATION RIGHTS
11.1 By law you have the right to cancel this Contract at any time from the date the Contract is formed up to the end of the seventh business day after the date the Contract is formed.
11.2 Notice of cancellation in accordance with clause 11.1, must be sent to us in writing via our partners BCA Remarketing Solutions. Suite F, Pentland House, Village Way, Wilmslow, SK9 2GH and be sent by recorded delivery mail.
11.3 On receipt of this notice of cancellation our partners, BCA Remarketing Solutions will contact you to confirm arrangements for the return of the Vehicle. The cost of collection will be at your expense and will be limited to a flat fee of £49 plus VAT for collections within 125 miles of the address in clause 11.2 and thereafter are charged an additional 6 pence per mile. You are required to make the Vehicle available for collection at a pre-determined date and time.
11.4 On collection of the Vehicle, the Vehicle must not have travelled more than 200 miles since formation of the Contract and you must have taken reasonable care of the Vehicle prior to its delivery back to us. Any deterioration recorded at the time of collection will be valued when the Vehicle is delivered back to us and details of these costs will be notified to you.
11.3 A refund will be processed and executed in the same way that payment was made originally by you and will be made within 30 days following formation of the Contract. Should any of the conditions set out in this clause 11 fail to be met then the deductions as specified will be made from the refund accordingly. Any direct costs of collection will also be deducted.
12. WARRANTY AND LIABILITY
12.1 You acknowledge that the Vehicle is not new and that it has been used by you, the hirer or another person for business or other commercial purposes. Unless you advise us to the contrary when you make the offer to purchase the Vehicle by signing the Vehicle Purchase Order we will assume that the Vehicle is in an acceptable and roadworthy condition, inside and out, commensurate with age and mileage, at the date of your acceptance. You have had an opportunity to inspect the goods before agreeing to purchase them. Accordingly the Vehicle is sold as seen and no warranty or representation is given as to its quality, state, condition, safety or fitness for any purpose and any condition, warranty or representation which may be implied is hereby expressly excluded to the maximum extent permitted by law.
12.2 If your vehicle has less than 6 month's remaining of the manufacturer’s warranty, included in this offer is a 6-month mechanical warranty. Terms and conditions are available on request from BCA Remarketing Solutions Limited.
12.3 Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:
12.3.1 for death or personal injury caused by our negligence; or
12.3.2 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982; or
12.3.3 for defective products under the Consumer Protection Act 1987; or
12.3.4 for fraud or fraudulent misrepresentation.
12.4 We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions. These losses to be limited to the price for the Vehicle per incident or series of related incidents caused by the failure of the Vehicle.
13. RIGHTS OF THIRD PARTIES
The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14. ENTIRE AGREEMENT
The Contract including the documents referred to in these Conditions constitutes the entire agreement between you and us in relation to its subject matter. No other terms and conditions apply.
This Contract will bind and benefit each of your and our successors and personal representatives.
16. GOVERNING LAW AND JURISDICTION
13.1 This Contact will be governed by the laws of England and Wales.
13.2 Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.