SALES & AFTERSALES TERMS & CONDITIONS
Cheshunt Motor Co trading as CMC Harlow
Nothing in these Terms and Conditions affects your statutory rights.
PART 1 - VEHICLE SALES
- CONTRACT
1.1 Your vehicle order is subject to acceptance by CMC Harlow.
1.2 A contract is formed when we have accepted your order and confirmed the vehicle and agreed price.
1.3 Any variation to the contract must be agreed in writing by an authorised representative of CMC Harlow.
- VEHICLE
2.1 We will supply the vehicle substantially as described on the vehicle order.
2.2 Used vehicles may show reasonable signs of age and previous use, including minor cosmetic imperfections consistent with their age, mileage and condition.
2.3 Any defects or damage that CMC Harlow agrees to attend to will be itemised on the vehicle order.
2.4 Nothing in these Terms and Conditions excludes or limits your statutory rights.
- PRICE AND PAYMENT
3.1 The price payable will be the price shown on the vehicle order, together with any additional products or services subsequently agreed.
3.2 The vehicle remains our property until the purchase price and any other agreed sums have been paid in full.
- DEPOSITS
4.1 Any deposit paid will normally be credited against the purchase price.
4.2 If you cancel or breach the contract, we may seek to recover reasonable losses caused by your cancellation or breach, subject to your statutory rights.
4.3 Where you cancel or breach an accepted vehicle order and CMC Harlow suffers a direct financial loss as a result, we may retain or apply some or all of the deposit towards that loss, including any loss of profit, provided that the amount retained is reasonable and proportionate to the loss actually suffered.
4.4 We will take reasonable steps to reduce any loss arising from cancellation or breach, including seeking to resell the vehicle where reasonably practicable. Any amount retained will take account of losses avoided or recovered as a result.
- PART EXCHANGE
5.1 Where we accept a vehicle in part exchange, you confirm that you are entitled to sell the vehicle to CMC Harlow and must disclose any outstanding finance.
5.2 You must also disclose any known accident damage, significant faults, warning lights, modifications or other material information which could affect its value.
5.3 The part-exchange vehicle must be supplied in substantially the condition represented to us, allowing for reasonable mileage and normal deterioration.
5.4 If the vehicle is materially different from the condition represented, or its value materially changes due to a delay in delivery, we may propose a revised valuation and explain the reason.
- DELIVERY
6.1 We will provide an estimated delivery date where possible.
6.2 Unless expressly agreed otherwise, any delivery date is an estimate.
6.3 We will keep you informed of material delays of which we become aware.
6.4 Your statutory rights relating to delayed delivery are not affected.
- NEW VEHICLE SPECIFICATION CHANGES
7.1 Manufacturers may change a new vehicle's specification, equipment, design or features between the date of order and delivery. Where we become aware of a material change affecting your vehicle, we will notify you.
7.2 Where a material specification change gives you a right to cancel under applicable law, that right will not be affected.
- WARRANTY
8.1 Where a manufacturer's warranty applies, we will provide reasonable assistance with warranty claims in accordance with the applicable warranty terms and procedures.
8.2 Manufacturer warranties are subject to their own terms, conditions, exclusions and limitations and do not replace your statutory rights.
- CANCELLATION AND DISTANCE SALES
9.1 Where the purchase qualifies as a distance sale, you have the statutory right to cancel the contract within 14 days after taking physical possession of the vehicle, without giving a reason.
9.2 If you cancel, the vehicle must be returned to CMC Harlow within 14 days of notifying us of your cancellation. You may be responsible for any reduction in the value of the vehicle resulting from use or handling beyond what is necessary to establish its nature, characteristics and functioning.
9.3 Where no statutory cancellation right applies, cancellation of an accepted vehicle order will be subject to the terms of the order and applicable law.
9.4 Nothing in these Terms and Conditions excludes or limits any statutory rights you may have.
- FAILURE TO TAKE DELIVERY OR PAY
10.1 If, without a valid right to cancel, you fail to pay for or take delivery of the vehicle within 14 days of us notifying you that the vehicle is available for delivery, CMC Harlow may cancel the contract.
10.2 If CMC Harlow cancels the contract under clause 10.1, we may seek to recover reasonable losses resulting from your breach and may retain or apply some or all of your deposit in accordance with Section 4.
PART 2 - AFTERSALES
- AUTHORISATION OF WORK
11.1 When your vehicle is booked into CMC Harlow, the requested work will be recorded on the job card or repair order.
11.2 We will normally provide an estimate or quotation before chargeable work is undertaken.
11.3 A quotation is a fixed price only where expressly identified as such. An estimate is an indication of the expected cost and may change if further work is reasonably required.
11.4 We will obtain your authorisation before carrying out additional chargeable repair work.
11.5 Where you decline recommended work, this may be recorded on the job card.
- DIAGNOSTIC AND EXPLORATORY WORK
12.1 A vehicle fault cannot always be identified from the symptoms reported. It may therefore be necessary to carry out diagnostic or exploratory work to establish the cause.
12.2 Diagnostic work is a service in its own right and is separate from any subsequent repair.
12.3 Our applicable diagnostic charge or labour rate will be communicated to you before chargeable diagnostic work begins wherever reasonably practicable.
12.4 Where diagnostic work has been authorised by you, the applicable charge remains payable whether or not a fault is identified or a repair is carried out.
12.5 We will not normally carry out a chargeable repair identified through diagnosis without your separate authorisation.
- WARRANTY DIAGNOSIS
13.1 Where a vehicle is presented with a suspected warranty fault, we may need to investigate the reported fault before warranty coverage can be confirmed.
13.2 The fact that a vehicle is within a warranty period does not mean that every reported fault or diagnostic operation is covered.
13.3 Warranty coverage is subject to the applicable warranty terms and procedures.
13.4 Where investigation establishes that the reported fault is not covered by the manufacturer's warranty, including where it is caused by accident damage, impact, external damage, misuse, modification, wear and tear or another excluded cause, authorised diagnostic or exploratory work may be chargeable at the rate advised to you when the work is authorised.
13.5 Where a warranty claim is approved, we will carry out the authorised work in accordance with the applicable warranty procedures.
13.6 Where accident or external damage prevents warranty work from being completed, we will explain what needs to be rectified before the warranty work can proceed.
- ACCIDENT OR EXTERNAL DAMAGE
14.1 Damage caused by an accident, impact or other external event is not normally covered by a manufacturer's warranty.
14.2 If accident or external damage is identified during diagnosis, we will explain our findings.
14.3 Where such damage prevents warranty work from being carried out, we will explain what needs to be rectified before the warranty work can proceed.
14.4 We will not carry out chargeable repair work without your authorisation.
- ADDITIONAL REPAIRS
15.1 Where additional work is identified during servicing, diagnosis or repair, we will explain why the work is recommended.
15.2 We will provide an estimate or quotation where reasonably practicable.
15.3 We will obtain your authorisation before carrying out additional chargeable repair work.
15.4 Where you decline recommended work, this may be recorded on the job card.
- PARTS
16.1 Parts supplied by us will be appropriate for the agreed repair or service and may be subject to the manufacturer's or supplier's warranty.
16.2 Special-order parts may be subject to the supplier's return conditions, subject to your statutory rights.
16.3 We may, at our discretion, agree to fit customer-supplied parts. We cannot guarantee their quality, suitability or compatibility.
- CUSTOMER-SUPPLIED PARTS
17.1 We may, at our discretion, agree to fit parts supplied by you.
17.2 We cannot guarantee the quality, suitability or compatibility of customer-supplied parts.
17.3 If a customer-supplied part is incorrect, defective or unsuitable, additional labour may be required.
- PAYMENT
18.1 Payment for chargeable work is due when the vehicle is collected unless alternative arrangements have been agreed.
18.2 We will provide an invoice identifying the work and parts charged.
18.3 Where a genuine dispute has been raised regarding an invoice, we will investigate the matter fairly.
18.4 We may require payment of undisputed sums before releasing the vehicle.
- VEHICLE COLLECTION AND STORAGE
19.1 We will notify you when your vehicle is ready for collection.
19.2 You should collect the vehicle within a reasonable period after being notified.
19.3 Where a vehicle remains at our premises for an unreasonable period after you have been notified that it is ready, we may charge reasonable storage costs after giving appropriate notice.
19.4 We will not charge storage where the delay is caused by us.
- ROAD TESTING
20.1 You authorise CMC Harlow and its employees or agents to drive your vehicle where reasonably necessary for diagnosis, testing, servicing, repair, warranty procedures, MOT preparation or quality control.
20.2 We will take reasonable care of your vehicle while it is in our possession.
- COURTESY VEHICLES
21.1 Separate terms may apply to any courtesy vehicle provided.
21.2 The customer must comply with applicable insurance requirements and restrictions on use.
21.3 The vehicle must be returned at the agreed time and in the agreed condition, allowing for reasonable use.
- SERVICE AND REPAIR WORKMANSHIP
22.1 Unless a different period is expressly stated, our workmanship will be warranted for 12 months or 15,000 miles, whichever occurs first, from completion of the relevant work.
22.2 This workmanship warranty does not cover accident or impact damage, misuse or neglect, subsequent work carried out by another repairer, customer-supplied parts, normal wear and tear, failure to maintain the vehicle, or defects unrelated to the work carried out by us.
22.3 Nothing in this section affects any manufacturer's warranty or your statutory rights.
- MOT AND INSPECTION
23.1 MOT testing is carried out in accordance with applicable statutory requirements.
23.2 An MOT pass does not guarantee that a vehicle is free from faults or will remain roadworthy for any particular period.
23.3 Any additional chargeable work identified during an inspection will be explained and authorised before being carried out.
- UNCOLLECTED VEHICLES
24.1 If a vehicle remains uncollected after we have notified you that it is ready, we will make reasonable efforts to contact you.
24.2 We may charge reasonable storage costs after giving appropriate notice.
24.3 Where sums properly due remain unpaid, we reserve any rights available to us by law.
24.4 We will comply with applicable legal requirements before disposing of an uncollected vehicle.
- COMPLAINTS
25.1 Any complaint should first be raised with the relevant Departmental Manager so that CMC Harlow has the opportunity to investigate and resolve the matter.
25.2 If the matter cannot be resolved by the Departmental Manager, the complaint should be referred in writing to the Managing Director of CMC Harlow, who will review the matter and provide a response.
25.3 Customers should allow CMC Harlow a reasonable opportunity to investigate and respond before referring the matter to Alternative Dispute Resolution, where applicable.
25.4 Nothing in these Terms and Conditions affects your statutory or legal rights.
- ALTERNATIVE DISPUTE RESOLUTION
26.1 If a complaint cannot be resolved following review by the Managing Director of CMC Harlow, the customer may, where applicable, refer the dispute to an appropriate Alternative Dispute Resolution provider.
26.2 Details of the applicable ADR provider and the referral process will be provided where appropriate.
26.3 Nothing prevents a consumer from exercising any statutory or legal right available to them.
- DATA PROTECTION
27.1 We will process personal information in accordance with applicable data protection legislation and our Privacy Notice.
27.2 Information may be processed for vehicle sales, servicing, repairs, warranty administration, safety recalls, customer service and our legal and regulatory obligations.
27.3 Marketing communications will be dealt with separately in accordance with applicable law.
- STATUTORY RIGHTS
28.1 Nothing in these Terms and Conditions is intended to exclude or restrict any rights or remedies which you have under applicable law.
- GOVERNING LAW
29.1 These Terms and Conditions are governed by the laws of England and Wales, subject to any mandatory consumer rights applicable to you.