TERMS AND CONDITIONS
IF YOU ARE PURCHASING AS A CONSUMER, NOTHING IN THESE TERMS AND CONDITIONS WILL REDUCE YOUR STATUTORY RIGHTS RELATING TO FAULTY AND MISDESCRIBED GOODS PROVIDED. IF YOU HAVE ANY DOUBTS ABOUT YOUR STATUTORY RIGHTS PLEASE CONTACT YOUR LOCAL TRADING STANDARDS DEPARTMENT OR CITIZENS ADVICE BUREAU
THIS ORDER AND ANY ALLOWANCE IN RESPECT OF A USED MOTOR VEHICLE OFFERED IN PART EXCHANGE BY YOU IS SUBJECT TO ACCEPTANCE BY US
THE MOTOR VEHICLE IS SOLD AS ROADWORTHY, OR SUBJECT TO ANY DEFECTS NOTIFIED BY US TO YOU AND ACCEPTED BY YOU, AT THE DATE OF DELIVERY AND IF ANY FAULT OCCURS YOU HAVE THE RIGHT TO RELY ON YOUR STATUTORY RIGHTS.
ANY ACCESSORIES FITTED OR SUPPLIED BY US (DEALER FITTED) WILL BE ENTITLED TO THE BENEFIT OF ANY WARRANTY GIVEN BY THE MANUFACTURER OF THOSE ACCESSORIES
- DELIVERY DATE
A) WE WILL TRY TO ENSURE DELIVERY OF THE GOODS BY THE ESTIMATED DELIVERY DATE BUT CANNOT PROVIDE A GUARANTEE. WHERE DELAY IS CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL WE WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO THE DELAY AND IN THESE CIRCUMSTANCES WE WILL CONTACT YOU AND AGREE AN ALTERNATIVE DATE OF DELIVERY OR YOU MAY CANCEL THE CONTRACT AND RECEIVE A FULL REFUND OF ANY DEPOSIT PAID.
B) IF THE GOODS ARE NOT DELIVERED WITHIN 3 CALENDER MONTHS OF THE ESTIMATED DELIVERY DATE THE PURCHASER OR SELLER MAY ELECT BY NOTICE IN WRITING TO CANCEL THIS CONTRACT. UPON SUCH A CANCELLATION THE PURCHASERS DEPOSIT SHALL BE RETURNED AND THE SELLER SHALL BE UNDER NO FURTHER LIABILITY TO THE PURCHASER.
C) IF THE MANUFACTURER OF THE GOODS DESCRIBED IN THE CONTRACT STOPS MAKING PRODUCTS OF THAT TYPE, WE MAY GIVE YOU WRITTEN NOTICE TO CANCEL THE CONTRACT AND RETURN ANY DEPOSIT RECEIVED
- FAILURE TO PAY
IF YOU FAIL TO TAKE AND PAY FOR THE GOODS WITHIN 21 DAYS OF NOTIFICATION THAT THE GOODS ARE AVAILABLE FOR DELIVERY, WE MAY TREAT THE CONTRACT AS CANCELLED AND KEEP ANY DEPOSIT PAID BY YOU
THE GOODS SHALL REMAIN OUR PROPERTY UNTIL THE PRICE HAS BEEN PAID IN FULL. WE DO NOT NORMALLY ACCEPT CHEQUES. WHERE AN EXCEPTION IS MADE WE WILL REQUIRE SAID CHEQUES TO CLEAR FULLY AND SO ALLOW 10 DAYS BEFORE DELIVERY. ALL OTHER METHODS OF PAYMENT MUST ALSO BE FULLY CLEARED BEFORE DELIVERY AND SO PAID 3 DAYS PRIOR.
- GOODS AND PRICE
IF THE GOODS TO BE SUPPLIED BY US ARE NEW, THE FOLLOWING PROVISIONS SHALL HAVE EFFECT A) WE UNDERTAKE TO ENSURE THAT THE PRE-DELIVERY WORK SPECIFIED BY THE MANUFACTURER IS CARRIED OUT AND THAT WE WILL USE OUR BEST ENDEAVOURS TO OBTAIN FOR YOU FROM THE MANUFATURER THE BENEFIT OF ANY WARRANTY OR GUARANTEE GIVEN BY THEM TO US. THESE WARRANTIES OR GUARANTEES ARE IN ADDITION TO AND NOT IN REPLACEMENT OF ANY WARRANTIES OR GUARANTEES GIVEN TO YOU BY US
- NO ALLOWANCE CAN BE MADE FOR ANY PART OF THE STANDARD EQUIPMENT SUPPLIED WITH THE MOTOR VEHICLE WHICH YOU DO NOT WISH TO TAKE
- IF AFTER THE DATE OF THIS ORDER AND BEFORE DELIVERY OF THE GOODS TO YOU, THE MANUFACTURERS RECOMMENDED PRICE FOR ANY GOODS IS CHANGED, WE SHALL GIVE NOTICE OF ANY CHANGE TO YOU AND:
- IF THE MANUFACTURERS RECOMMENDED RETAIL PRICE FOR THE GOODS INCREASES YOU WILL BE NOTIFIED OF THE AMOUNT OF THE INCREASE WE INTEND TO PASS ONTO YOU. YOU HAVE THE RIGHT TO CANCEL THE CONTRACT WITHIN 14 DAYS. IF YOU DO NOT CANCEL THE CONTRACT THEN THE INCREASE IN PRICE SHALL BE ADDED TO AND BECOME PART OF THE CONTRACT PRICE
- IF THE MANUFACTURERS RECOMMENDED RETAIL PRICE FOR THE GOODS IS REDUCED, YOU WILL BE NOTIFIED OF THE AMOUNT OF THE REDUCTION THAT WE INTEND TO PASS ON TO YOU. IF THE AMOUNT PASSED ON TO YOU IS NOT THE SAME AS THE REDUCTION IN THE RECOMMENDED RETAIL PRICE, YOU HAVE THE RIGHT TO CANCEL THE CONTRACT WITHIN 14 DAYS OF NOTIFICATION. IF YOU DO NOT CANCEL THEN THE REDUCED PRICE WILL BE THE CONTRACT PRICE.
- IF YOU CANCEL THE CONTRACT BECAUSE OF A PRICE CHANGE NOTIFIED BY US TO YOU, ANY DEPOSIT WHICH YOU HAVE PAID TO US WILL BE RETURNED TO YOU
- PART EXCHANGE
WHEN WE ACCEPT A USED MOTOR VEHICLE AS PART PAYMENT YOU AGREE THAT;
- . YOU ARE THE LEGAL OWNER AND NO OUTSTANDING CREDIT IS OWED ON IT. IF THERE IS OUTSTANDING CREDIT THE AMOUNT OF MONEY WE GIVE YOU WILL BE REDUCED BY THE EQUIVALENT OF THE AMOUNT OF THE OUTSTANDING CREDIT
- OUR ACCEPTANCE OF YOUR OFFER IN RELATION TO THE PART PAYMENT IS ONLY VALID IF YOUR USED MOTOR VEHICLE IS DELIVERED IN THE SAME CONDITION AS WHEN WE EXAMINED IT
- YOU MUST DELIVER YOUR USED VEHICLE TO US ON OR BEFORE THE DAY YOU COLLECT YOUR GOODS FROM US. FROM THE DAY YOU DELIVER IT TO US WE ARE THE LEGAL OWNERS. FAILURE TO DELIVER THE VEHICLE AS AGREED WILL BE VIEWED AS NON PAYMENT AND THE GOODS WILL NOT BE SUPPLIED
- THE RIGHTS OF CANCELLATION SET OUT IN THIS CLAUSE ARE IN ADDITION TO YOUR RIGHTS OF CANCELLATION AS CONTAINED IN CLAUSE 3. IF DELIVERY OF YOUR GOODS IS DELAYED THROUGH NO FAULT OF OURS WE MAY DEDUCT AN AMOUNT FOR EXTRA DEPRECIATION OF YOUR USED MOTOR VEHICLE ("THE EXTRA DEPRECIATION"). THE EXTRA DEPRECIATION WILL NOT EXCEED 2.5% OF THE AGREED VALUE OF YOUR USED MOTOR VEHICLE FOR EACH COMPLETE 30 DAY PERIOD. THE TIME BEGINS 30 DAYS AFTER THE ESTIMATED DELIVERY DATE AND ENDS ON DELIVERY OF YOUR USED MOTOR VEHICLE TO US. WE WILL NOTIFY YOU OF THE AMOUNT OF THE EXTRA DEPRECIATION THAT WE PROPOSE TO DEDUCT FROM THE VALUE OF YOUR USED MOTOR VEHICLE (IF ANY).
- YOU WILL THEN HAVE THE RIGHT TO CANCEL THE CONTRACT WITHIN 14 DAYS OF RECEIPT OF THIS NOTIFICATION. IF YOU CANCEL THE CONTRACT ANY DEPOSIT YOU HAVE PAID TO US WILL BE RETURNED TO YOU. IF YOU DO NOT CANCEL THE CONTRACT, THE VALUE OF YOUR USED MOTOR VEHICLE WILL BE REDUCED BY THE AMOUNT OF THE EXTRA DEPRECIATION AND THERE WILL BE A CORRESPONDING INCREASE IN THE AMOUNT WHICH YOU WILL BE REQUIRED TO PAY, AT YOUR OPTION, IN CASH OR THROUGH FINANCE (SUBJECT TO THE APPROVAL OF THE FINANCE COMPANY)
IF CONDITIONS 7i) TO 7iv) ARE NOT MET, WE WILL NOT ACCEPT YOUR USED MOTOR VEHICLE AND YOU WILL PAY THE FULL PRICE FOR THE GOODS
THE OPTION TO NOT PART EXCHAGE CAN ONLY BE EXERCISED IF IT IS DETILED AS AN OPTION ON THIS ORDER
- DATA PROTECTION
BY SIGNING THE ORDER YOU OPT IN TO ALLOW CMC & or HMUK/SEAT TO CONTACT YOUR VIA PHONE POST and /or EMAIL or SMS
SHOULD EITHER YOU OR WE NOT STRICTLY ENFORCE ANY OBLIGATION UNDER THIS AGREEMENT AT ANY TIME, THIS WILL NOT PREVENT THAT OBLIGATION BEING ENFORCABLE AT A LATER DATE
CMC MAY OFFSET YOUR DOPOSIT AGAINST A LOSS OF PROFIT IF YOU CHANGE OR CANCEL THIS CONTRACT OF PURCHASE
- Distance Selling
CMC IS NOT AN INTERNET SALES COMPANY AND DOES NOT ISSUE DISTANCE CONTACTS. SHOULD YOU HAVE PLACED A HOLDING DEPOSIT BY TELEPHONE YOU MUST NOW VISIT THE SHOWROOM PRIOR TO DELIVERY TO COMPLETE THIS ORDER
- Examination of Goods
PRIOR TO SIGNING THIS ORDER THE PURCHASER SHALL HAVE EXAMINED THE GOODS AND IS REMINDED THAT THE CONDITIONS OF SATISFACTORY QUALITY IMPLIED BY THE CONSUMER RIGHTS ACT 2015 DOES NOT OPERATE IN RELATION TO SUCH DEFECTS WHICH SUCH AN EXAMINATION OUGHT TO REVEAL. DEFECTS NOTIFIED TO THE SELLER PRIOR TO SIGNING ARE ACCEPTED
- Variation of these Terms
ANY VARIATION TO THESE TERMS SHALL NOT BE EFFECTIVE UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORISED MANAGER OF CMC
WHERE YOUR ISSUE CANNOT BE RESOLVED BY A DIRECTOR OF CMC YOU MAY REFER THE DISPUTE TO THE FOLLOWING ADR PROCESSES
A) IF IT DOES NOT RELATE TO FINANCIAL SERVICE, THE NATIONAL CONCILLIATION SERVICE ON 01788 538317
B)IF IT RELATES TO FINANCIAL SERVICES , THE FINANCIAL OMBUDSMAN SERVICE ON 0800 023 4561
WHERE ANY DISPUTES CANNOT BE RESOLVED THROUGH ADR, THIS PURCHASE ORDER AND CONTRACT SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS
AFTER SALES TERMS & CONDITIONS FOR SERVICING, REPAIRS AND SUPPLY OF PARTS
- The Company reserves the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order).
- All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue on production of this invoice.
- Worn units will only be accepted in a clean and oil free condition in original packaging.
- All claims or queries pertaining to this invoice must be made within 7 working days of issue quoting this invoice number.
- The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.
Warranties/ Company’s Liability
- Except in so far as liability may be placed upon the Company by the Unfair Contract Terms Act 1997, or in respect of a vehicle subject to a manufacturer’s Warranty or other written warranty, no warranty is given or implied as to the quality of goods or services or their fitness for any particular purpose whether known to the Company or not. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.
- Subject to clause 8 below, the Company assigns to the customer, the benefits of any applicable manufacturer’s warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 15000 miles, whichever occurs sooner from the date of completion of work.
- The Company’s obligation under clause 7 shall be mitigated or removed if any defect is caused or worsened by any of the following:-
- Failure to notify the Company of the defect.
- Failure to afford the Company opportunity to rectify the problem.
- Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
- Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
- Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
- VARIATIONS TO ESTIMATE
The estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause.
Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.
The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although it can accept no responsibility for delays outside its control.
Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.
Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer’s schedule as coming within the scope of such operation.
- USE OF THE CUSTOMER’S VEHICLE
The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.
The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.
Subject to the provisions of the Unfair Contract Terms Act 1997 and any amendment thereof vehicles, including components, fittings and contents are left with the Company entirely at the customer’s risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Company, its employees or agents.
- BANKRUPTCY/ INSOLVENCY OF CUSTOMER
If the customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a receiver of his effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.
- STORAGE CHARGES
If, following the completion of services the customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
- REPLACEMENT PARTS
The Company shall obtain the customer’s express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
- EXCHANGE UNITS
In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacturer’s credit note is received, the surcharge will be cancelled.
- DISPOSAL OF UNCOLLECTED GOODS
Any vehicle which is not collected by the customer and in respect of which payment for repairs carried out has not been made within three calendar months of the customer having been advised of the completion of the work may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the customer last known to the Company and shall be deemed to have been received by the customer on the day following the date of posting or if that shall be a Sunday or a Public Holiday to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the customer or forward the same to the customer at the customer’s last known address.
- STATUTORY RIGHTS
Your statutory rights under the Sale and Supply of Goods Act and consumer legislation are not affected by these terms and conditions.
- DATA PROTECTION
The Company will hold the information overleaf for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organization. We, or they, may contact you by email, telephone or letter to inform you of products or services which may be of interest to you, or you may be asked to participate in a customer survey by either the Company, your vehicle manufacturer or third party. If you do not want your information to be used in this way please notify us by writing to the Dealer Principal at the address shown overleaf.
- All the agreements between the Company and the customer are personal to customers who may not assign his rights or liabilities to any third party by any means.
DISTANCE SELLING REGULATIONS
- If this Agreement has been conducted without any face to face contact between us and you, or anyone acting on our or your respective behalf, you have the right to cancel this contract Agreement without giving any reason. The cancellation period will expire 14 days from the day on which you first instruct us to carry out the service and no service can be performed within this period unless you have expressly requested we do so.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). You may use the model cancellation form we provide to you if you wish. If you request any service to be provided during the 14 day period then you will lose the right to cancel this Agreement. You shall pay us an amount which is in proportion to that service performed until you have communicated to us your cancellation from this contract.
RETURN OF PARTS
- In the event of cancellation, any goods supplied during the servicing of your vehicle should be returned without undue delay, and in any event not later than 14 days. You are liable for the costs of removing the goods as well as any diminution in value as a result. Due to the nature of any goods supplied during the service of your vehicle this diminution may be up to 100% of their value.
MILEAGE & CONDITION
- On collection/delivery the goods must be in the same condition as they were when delivered. This is to say that they must not have suffered any deterioration. Any deterioration recorded at the time of collection will be valued when the goods arrive at the Company’s premises and details of these costs will be notified to you.
- Once safe receipt of the goods has been established by the Company a refund will be processed. This refund will be executed in the
- Should you have any complaints that you wish to raise with the Company regarding this transaction or any other matter please address them to the address at the foot of these Terms and Conditions, for the attention of the Franchise General Manager.