Terms and conditions: car sales
1. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation in writing by the Seller.
2. 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 in delivery. (The Seller shall not be obliged to fulfil orders in the sequence in which they are placed).
3. 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 sold subject to availability and 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 Seller. A copy of the terms and conditions currently so attached by the Manufacturer or Concessionaire may be inspected at the Seller’s Office
(b) the seller undertakes that he will ensure than 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 him to the Seller or to the Purchaser in respect of the goods.
(c) notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the purchaser in respect thereof shall be such sum as the seller becomes legally liable for at the time the taxable supply occurs;
(d) 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 of the goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser, and 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 the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice.
(e) 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.
4. 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.
5. (a) If the contract is cancelled under the provisions of clauses 2 or 3 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability
(b) The Seller is at liberty to retain the purchase deposit should the contract be cancelled by the purchaser under circumstances not covered by the provisions of clauses 2, 3 and 5 hereof. This is to cover such expenses as; charges related to but not limited to advertising, administration, financing, display, lost opportunities, depreciation.
(c) if a purchase is secured by a deposit but reliant on a finance agreement acceptance, this must be achieved within 48hrs otherwise the deposit will be returned and the order cancelled.
6. The goods shall remain the property of the Seller until the price has been discharged in full. All payments must be made by acceptable methods as designated by the Seller as at the date of transaction and all payments made by the Purchaser in payment shall not be treated as a discharge until the same has been irrevocably cleared into the Seller’s bank account.
7. 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 such used vehicle is the absolute property of the Purchaser and is free from all encumbrances; or
(ii) that such used vehicle is the subject of a hire purchase agreement or other encumbrance 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 him 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 him 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 10 days of notification to the Purchaser that the goods to be supplied by the Seller have been completed for delivery;
(e) Part-exchanges and direct purchase. If you have completed an online self-appraisal and valuation, this is always subject to a physical confirmation by our Sales team prior to delivery at Windrush Volkswagen.
The initial ‘part-exchange valuation’ is assured for an initial period of 10 days following the order being placed. This ensures that customers have time to organise delivery safe in the knowledge that the part-exchange valuation is assured (the only exception being an actual deterioration in condition). All part exchanges that pass the first 10 day rule will be subject to a full re-appraisal with valuations adjusted as per industry recognised book valuation guides. In the event of 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 price of the goods to be supplied by the Seller.
In the case of a Direct Purchase, the valuation/appraisal is guaranteed for 48hrs from the original time of the purchase offer being made, this is to allow enough time for payment and drop off to occur, after which a full revaluation/appraisal must be completed.
8. 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.
9. Notwithstanding the provisions of this agreement the Purchaser must have an approved, underwritten finance agreement in place at the point of order. Upon the purchase of the goods by such finance company, the preceding clauses of this agreement except clause 3(b) 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 condition set forth in clause 8 above (save that in (c), (d) and (e) there of all references to "delivery" or "delivered" in relation to "the goods" shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the Purchaser for the said price and any deposit paid to him under this agreement.
10. Autotransact notice: due to the live nature of our vehicle stock, any deposits placed via the Autotransact are always subject to the car being confirmed as available and not already sold, this is necessary due to some of our stock systems not being fully synchronised in real time. We will confirm within 48 hours.
The Seller: Windrush Automotive Group, 57 Farnham Road, Slough, Berkshire, SL1 3TN
Windrush Automotive Group is a credit broker and not a lender. We are Authorised and Regulated by the Financial Conduct Authority. 308275. Finance is Subject to status. Other offers may be available but cannot be used in conjunction with this offer. We work with a number of carefully selected credit providers who may be able to offer you finance for your purchase. Windrush Limited introduces customers to the manufacturer finance company. We have a fixed interest rate policy and we may be paid a fixed commission by the finance provider for introducing you to them. This introduction does not amount to independent financial advice. Registered in England & Wales: 01631994. Registered Office: 57 Farnham Road, Slough, SL1 3TN. VAT No: GB765366792. Data Protection No: Z5225543.
Rev. 14/07/2020
Terms and conditions: aftersales
The Title in any goods or services does not pass to the customer until all monies are received in full and all payments cleared. Nothing contained herein is designed to nor will it affect a customer’s statutory rights.
Vehicle Sales: Please refer to your order form and our standard trading conditions.
Service Sales: Please refer to conditions below.
Parts Sales: Please refer to conditions below and goods supplied of satisfactory quality will not be accepted for credit unless returned within 7 days of issue, quoting the invoice number. All new parts returned will be subject to a handling charge. Goods correctly supplied to special order cannot be accepted for credit.
- In these conditions "the Dealer" shall mean the Company (authorised by the Volkswagen Importer, VOLKSWAGEN Group United Kingdom Limited t/a Volkswagen U.K. ("the Importer") to be an authorised Volkswagen dealer) by whom this form is used "the Customer" shall mean the person or body by or on whose behalf this form is signed on the reverse side hereof and "the Manufacturer" shall mean Volkswagen AG Wolfsburg Germany and subsidiaries thereof or its successors.
- Where the Dealer contracts to carry out any Volkswagen Standard Inspection Service or Diagnostic Operation by name the Dealer’s liability shall be limited to the performance of such work as may be prescribed from time to time by the manufacturer or the Importer for the United Kingdom as coming within the scope of such operation.
- All contracts with the Dealer shall be valid and binding only if made in writing upon the Dealer’s Workshop Instructions Form and shall be subject to these conditions of business and no other. A contract shall exist when and only when the Dealer’s Workshop Instructions Form has been signed by or on behalf of the Customer. No variation of any contract shall be valid unless agreed in writing and signed by or on behalf of the Customer and the Dealer.
- The Dealer and its servants and agents are expressly authorised by the Customer to use the vehicle or vehicles referred to within our job authority on the highway and elsewhere for all purposes in connection with the Inspection Service and Repair thereof.
- All monies due to the Dealer in respect of Servicing or Repair operations carried out on the vehicle or vehicles referred to overleaf shall become payable when such operations are completed and the customer has been notified either overleaf or otherwise that the vehicle or vehicles are ready for collection. Unless otherwise agreed all payments to the Dealer shall be made before the vehicle or vehicles are released to the Customer and in cash, through a VWFS service plan contract, approved credit or debit card.
- The Customer acknowledges the Dealer to have a legal lien upon any vehicle or vehicles left with the Dealer for Service Inspection or Repair and upon the fittings or contents thereof for all monies due to the Dealer from the Customer on any account.
- The Dealer shall not be liable for delay in completing service or repairs due to circumstances or events beyond its control.
- All agreements made between the Dealer and the Customer, or as provided by the Unfair Contract Terms Act 1977 or similar enacted Legislation, Regulations and Directives, are personal to the Customer who shall not assign his rights or liabilities under an agreement made subject to these conditions.
- If the Customer shall become bankrupt or insolvent or make any arrangement with creditors or suffer a receiver of his effects to be appointed or being a body corporate enters into liquidation other than for the purpose of amalgamation or reconstruction the Dealer shall have the right to terminate any agreement with the Customer subject to these conditions and shall thenceforth cease to have any further obligation under the contract and the price for all work done and goods and services rendered by the Dealer shall immediately become payable.
- If by reason of the Customer’s instructions or lack of such instructions any vehicle or vehicles left with the Dealer for any Inspection Service or Repair operation are not collected by the Customer from the Dealer within 7 days of the Dealer’s having notified the Customer either over-leaf or otherwise that such operations have been completed the Dealer shall be at liberty to charge the Customer a reasonable daily sum for the storage of such vehicle or vehicles.
- The work carried out as specified overleaf is warranted against faulty workmanship for a period of 12 months or 12,000 miles, whichever occurs first, from the date of completion of the work. This does not seek to affect your rights under common law.
- No parts will be accepted for credit unless returned within 7 days of collection, quoting the invoice number. All new parts returned for credit shall, in the opinion of the Dealer, be in reasonable condition, of satisfactory quality and will be subject to a handling charge. Goods specially ordered cannot be accepted for credit. This does not affect your right under Sale and Supply of Goods Act 1994.
The Dealer: Windrush Automotive Group, 57 Farnham Road, Slough, Berkshire, SL1 3TN
Rev. 14/07/2020