Supply & Purchase of Vehicles Terms & Conditions

1. Contract

(a) The order for sale of a motor vehicle by us (“SW Car Supermarket”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by SW Car Supermarket.

(b) The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of SW Car Supermarket) shall constitute the entire contract between the parties. SW Car Supermarket’s legal duty is to provide the Goods as described on the face of the order form (“the Goods”) to the terms of the contract.

(c) No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.

2. Delivery

(a) SW Car Supermarket will use its best endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of SW car Supermarket.

(b) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and SW Car Supermarket has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by SW Car Supermarket to the Customer only where agreed by SW Car Supermarket and at the Customer’s cost.

3. Price and Payment

(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated overleaf has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of SW car Supermarket. Time of payment shall be of the essence.

(b) If the Total Retail Price or any part of the price for the Goods is to be paid by cheque whether bank or building society then prior notice of such payment shall be made to SW car Supermarket and the cheque must be paid to SW Car Supermarket at least five banking days in advance of the estimated delivery date. A cheque given in payment or part payment shall not be treated as a discharge until the same has been cleared.

(c) Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from SW Car Supermarket at the price payable hereunder. SW Car Supermarket shall not release the Goods until the Total Retail Price has been discharged in full, including receipt of cleared funds from the said finance company.

4. Failure to collect Goods

If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery then SW Car Supermarket may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which SW Car Supermarket may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and SW Car Supermarket shall be under no further liability to the Customer. SW Car Supermarket may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).

5. Part Exchange

In the event that SW Car Supermarket agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:

(a) if any encumbrances or interests are capable of cash settlement SW Car Supermarket may elect to discharge such interests and deduct expenditure from the exchange value offered;

(b) the used motor vehicle will be delivered in the same condition as at the date it was examined by SW Car Supermarket (fair wear and tear excepted);

(c) the used motor vehicle shall be delivered to SW Car Supermarket upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to SW Car Supermarket;

(d) title to the used motor vehicle shall pass absolutely on delivery to SW Car Supermarket;

(e) the exchange value quoted by SW Car Supermarket shall be binding on SW Car Supermarket for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on SW Car Supermarket when the Goods are ready for delivery, SW Car Supermarket will give a current figure for the value of such part-exchange, at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle, provided always that the Customer shall still be obliged to purchase the Goods;

(f) in the event that any of the warranties or declarations provided in respect of the used motor vehicle prove to be untrue or there is a breach of clause 5(b), SW car Supermarket shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.

6. Cherished Number Plate

Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the Customer will provide all reasonable assistance to SW Car Supermarket to facilitate transfer of the registration.

7. Warranty

(a) SW Car Supermarket shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty (where applicable) on to the Customer. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:

(i) after discovering the defect the Customer has failed either to inform SW Car Supermarket or to have the defect examined by a Dealer without reasonable delay;

(ii) has failed to give a Dealer the option to repair the Goods without reasonable delay;

(iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;

(iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;

(v) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;

(vi) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.

(b) In the case of the Goods being a second-hand vehicle, SW Car Supermarket shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order. The Customer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and subject to paintwork and/or bodywork repairs that may have been carried out to it.

8. Examination of Goods and Reliance

(a) Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects and have been notified by SW car Supermarket to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

(b) The Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon SW Car Supermarket's skill or knowledge regarding the Goods' fitness for any particular purpose or use.

9. Claims

Without prejudice to the terms of the warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to SW Car Supermarket, SW Car Supermarket shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) or to refund to the Customer the price of the Goods (or a proportion part of the price), but SW Car Supermarket shall have no further liability to the Customer. SW Car Supermarket will not be liable where any defect results from or is worsened by wear and tear or any of the circumstances described at clauses 7(a)(i) to 8(a)(v) inclusive.

10. Sale to Intermediaries or Third Parties

The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by SW Car Supermarket to the contrary. SW Car Supermarket may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.

11. Retention of Title

(a) Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.

(b) Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as SW Car Supermarket’s property. Further, SW Car Supermarket shall be entitled at any time to require the Customer to deliver up the Goods to SW Car Supermarket and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

(c) The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of SW car Supermarket, but if the Customer does so all monies owing by the Customer to SW Car Supermarket shall (without prejudice to any other right or remedy of SW Car Supermarket) forthwith, become due and payable.

12. Cancellation

Except as provided by law, no order which has been accepted by SW car Supermarket may be cancelled by the Customer except with the agreement in writing of SW Car Supermarket and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify SW Car Supermarket in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by SW Car Supermarket as a result of cancellation.

13. Defective Goods

Without prejudice to clause 7 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to SW car Supermarket within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify SW Car Supermarket as above the Customer shall be deemed to have accepted the Goods.

14. Advertising

The data displayed with our adverts details the usual specification of the most recent model of the vehicle you are viewing or have purchased. It is NOT the exact data for the actual vehicle being offered for sale and data for older models may vary slightly. Sudden changes made by outside agencies to the road fund licence, model variations or any miscellaneous changes do not form part of the buying contract. We accept no legal liability for any errors, omissions or inaccuracies.

15. Liability

Except in respect of death or personal injury caused by SW Car Supermarket’s negligence, or any loss caused by the fraud of SW car Supermarket, SW car Supermarket shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for (a) any loss or damage incurred by the Customer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if SW car Supermarket was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude SW Car Supermarket’s liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.

16. Data

SW Car Supermarket shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.

17. Notices

Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

18. Waiver

Any waiver by SW Car Supermarket or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party 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.

19. Invalidity of these Terms

If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.

20. Applicable Law

This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.

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