CAR HOUSE OF BRITIAN LTD
Terms and Conditions for the Sale of Used Vehicles
Effective from 1st December 2023
1. FORMATION OF CONTRACT
1.1 The Order is the Customer’s offer to purchase the Vehicle upon these terms. The Contract is formed upon the Trader accepting that
offer by signing and dating the Order.
1.2 The Contract is personal to the Customer, who shall not assign the benefit of the Contract without the prior written consent of the
Trader.
1.3 The Sales Information provided by the Trader will form part of the Contract but not otherwise.
2. CANCELLATION AND DEPOSITS
By making a deposit over the phone, you confirmed that you read all the car details and agreed to our terms and conditions and that your
deposit is Non-Refundable unless agreed in writing.
The Customer has the right to cancel ONLY IF:
2.1 the vehicle has faults, and warring lights on the dashboards which are not advertised or have not been declared before the sale.
2.2 the trader refuses to repair the faults or contribute towards the repair of whatever see it fits
2.3 If the Trader fails to deliver the Vehicle within thirty days after the Estimated Delivery Date the Customer may give seven days’
notice to the Trader requiring delivery. Failing such delivery, the Customer may cancel the Contract.
If the Customer seeks to cancel the Contract in any other manner, the Trader may retain any deposit paid (without prejudice to its other
rights and remedies).
3. DELIVERY
3.1 The Estimated Delivery Date is an estimate only. Time of delivery is not of the essence of the Contract. The Trader shall endeavour
to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to
deliver on the Estimated Delivery Date.
3.2 As soon as the Vehicle is ready for collection, the Trader shall inform the Customer who shall then have seven days in which to pay
the Purchase Price (less the Allowance, if any) and collect the vehicle.
3.3 The Customer shall not be entitled to collect the Vehicle unless the Purchase Price has been paid in full, and if he fails to pay, the
Trader shall be entitled to treat the Contract as repudiated by the Customer. Until the Contract is so terminated the Trader may, at its
option, either store the Vehicle itself or have it stored by third parties on such terms as the Trader in its absolute discretion thinks fit. The
cost of storage and any additional transportation will be added to and form part of the Purchase Price.
3.4 If the Trader treats the Contract as repudiated by the Customer, the Trader may (without prejudice to its other rights and remedies
under the Contract) retain any deposit paid by the Customer and sell the Vehicle and retain the proceeds of the sale.
4. PRICE AND PRICE VARIATION
4.1 The Trader reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund
licence, car tax or value added tax between the date of the Order and the date of delivery and the Customer shall be bound to pay the
price as so varied.
4.2 If the Trader is unable to supply any Accessory (of whatever nature) the Trader may at its option either: a) substitute a reasonable
equivalent: or b) delete the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in
question. 4.3 The Trader’s inability to supply any Accessory shall not constitute a breach of contract nor entitle the Customer to repudiate
the Contract or reject the Vehicle from the Trader and to seek a price reduction under the CRA 2015 are not affected by this provision in
the contract.
5. METHODS OF PAYMENT
5.1 Payment shall not be deemed to have been made until cleared funds are received at the Trader’s bank or any other agreed payment
methods
5.2 An agreement to accept payment on credit terms shall be effective only if signed by an authorised representative of the Trader in
writing.
6. TITLE
6.1 Notwithstanding delivery, until the Trader has received from the Customer payment of all sums payable to the Trader, whether under
the Contract or any other contract, both beneficial and legal title to the Vehicle remains in the Trader.
6.2 Whilst title in the Vehicle remains in the Trader, the Customer:
a) shall keep the Vehicle safe and in good condition and insure it for its full replacement value against all usual risks and shall forthwith
upon receipt account to the Customer for any proceeds of such insurance, without deduction,
b) shall not without the Trader’s prior written consent use the Vehicle for self-drive hire, hackney carriage or taxi work, racing or off-
road, but the Trader shall be deemed to have given consent to self-drive hire where the Contract is on credit terms under clause
6.3 and the Trader had actual notice at the time of receiving the Order that the Customer intended to let the Vehicle out on self-drive hire
in the ordinary course of its business;
d) shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the Trader’s title to the Vehicle;
7. FINANCE ARRANGEMENTS
7.1 Notwithstanding the foregoing provisions of this Contract, the Customer may, within seven days after receiving notification that the
Vehicle is ready for collection, arrange for a finance company to purchase the Vehicle from the Trader for the Purchase Price upon the
same terms (other than the identity of the Customer) as this Contract. Upon payment of the Purchase Price the finance company so
introduced shall be deemed to be the Customer of the Vehicle (and all references to the Customer shall be construed accordingly) and the
Trader will have the vehicle ready to the order of such finance company.
7.2 If the Customer introduces the sale of the Vehicle to a finance company, as specified in clause 7.1, the provisions of this Contract as
regards the Customer originally named in the Order shall then cease to have effect except the terms relating to the Part Exchange Vehicle
(if any), which shall continue to have an effect, with one variation: the Trader shall, on behalf of the Customer, account for the
Allowance and any deposit paid under this Contract to the order of such finance company. The finance company shall thus be substituted
as the Customer of the Vehicle hereunder. The purchase of a Vehicle by a finance company at the request of the Customer shall not
release the Customer from his obligations under clauses 10 and 12 to inspect the Vehicle and to satisfy himself that the Vehicle is
suitable for his purposes.
8. PART-EXCHANGE VEHICLES
8.1 The provisions of this clause 9 shall apply if the Customer has proffered a Part Exchange Vehicle. Where the Trader agrees to allow
part of the Purchase Price to be discharged by the Customer’s delivering to the Trader the Part Exchange Vehicle, the Allowance is given
and received and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract between the
Customer and the Trader) on the conditions set out in clauses 8.2
8.2 The Customer passes to the Trader good title to the Part Exchange Vehicle either: a) free from Encumbrances; or b) If there are
Encumbrances on the Part Exchange Vehicle but all are capable of cash settlement, instead of applying the whole of the Allowance
towards payment of the Purchase Price, the Trader will apply for the Allowance (up to the whole amount) towards the settlement of any
obligations to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested
third parties to be made after the Trader has received the Part Exchange Vehicle and made delivery of the Vehicle to the Customer.
c) The Trader has had the opportunity to examine the Part Exchange Vehicle to calculate the Allowance and such examination has taken
place, and
b) the condition of the Part Exchange Vehicle as delivered to the Trader before or at the time of delivery of the Vehicle to the Customer
is substantially the same as that existing at the time of the Trader’s examination (fair wear and tear excepted).
8.3 Risk in and title to the Part Exchange Vehicle shall pass to the Trader on delivery.
8.4 Without prejudice to clause 9.3 (b) the Customer shall deliver the Part Exchange Vehicle to the Trader within seven days of notice to
the Customer that the Vehicle is ready for collection.
8.6 If any of clauses 8.2 to 8.6 (both inclusive) are not fulfilled, the Trader shall be discharged from any obligation to purchase the Part
Exchange Vehicle or to make the Allowance and the Customer shall discharge the Purchase Price in full in cash.
9. USED VEHICLES
9.1 If the vehicle is a used vehicle, the Vehicle is sold:
a) subject to any defects which the Trader has drawn to the Customer’s attention before the Customer’s placing the Order; and
b) subject to any defects which the Customer discovered or ought reasonably to have discovered upon examining the Vehicle before
placing the Order (irrespective of whether the Customer has carried out such examination) and in that regard the Customer acknowledges
that he has been allowed to examine the Vehicle.
10. WARRANTY AND PRODUCER DETAILS
10.1 the Trader will supply to the Customer a copy of the warranty terms on delivery of the Vehicle.
10.2 it is the customer’s responsibility to deal with the warranty company directly without the need to get back to the trader.
11. LIMITS OF LIABILITY
11.1 The Vehicle is sold strictly on the terms that the Customer has inspected the Vehicle and has satisfied himself of its suitability for
his purposes and of its satisfactory quality. The Customer acknowledges that specifications and details in any catalogue, and forecasts of
performance, are approximate only, that such specifications and details and representations made by the Trader to the Customer do not
form part of this Contract and that in respect of such specifications, details, forecasts and representations the Trader shall be under no
liability nor shall the Customer be entitled to any remedy under the provisions of the Misrepresentation.
11.2 The Trader’s total liability for the aggregate claims of the Customer arising out of a single act or default of the Trader (whether due
to the Trader’s negligence or otherwise) shall not exceed the Purchase Price.
12. TERMINATION
Without prejudice to any of its other rights and remedies, the Trader shall be entitled to postpone delivery of the Vehicle and suspend
performance of the Contract. In writing, the Customer may terminate the Contract at any time if they see it necessary and against the
original agreement terms.
13. DISTANCE SELLING
13.1 when the customer agrees on distance selling and paying a deposit, the customer acknowledges the condition of the car and all other
related information, HPI records, keys, manuals, service history etc.
13.2 The Trader reserve the right to retain any deposit paid if there were no reasonable reason for rejecting the vehicle and the Trader
fails to rectify it.
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a vehicle from us within 14 days after the day you received the relevant vehicle (subject to the limitations set out below).
To cancel a contract in this way, you must provide us written notice of cancellation via post to CAR HOUSE OF BRITIAN LTD, Clowes Street, Chadderton, Oldham, OL9 7LY and reach us by 6 pm on the 14th day following delivery.
If you cancel a contract on this basis, you must promptly return the vehicle to us, in the same condition you received it. We must receive the vehicle back within 7 days of your cancellation notice. If you do change your mind, you cannot use the car once you have notified us, only for delivery back to us. You must still tax and insure the vehicle until it is received by us.
If you cancel a contract on this basis, you will be refunded in full excluding the delivery cost, extended warranty cost (£200 for each year) and the return cost, if you ask us to collect it back.
If you cancel a contract on this basis and you do not return the vehicle to us, we may recover the vehicle and charge you for the costs we incur in doing so. Similarly, if you return the vehicle at our expense, we may pass that expense on to you.
Because you got the vehicle delivered to you, the terms and conditions of your sale vary a bit. To ensure you fully understand how this affects your purchase please carefully read the points below.
For reasons of fraud prevention, we are only able to deliver to your home address and, before arranging delivery, Will require your driver’s licence and proof of address to be verified, we will not deliver the car to you if we have not received this.
Upon receipt of your vehicle, it is imperative that you fully inspect its physical condition. Once you have signed to accept the vehicle we will, unfortunately, not accept liability for any damage which was not noted during your vehicle’s delivery.
You are entitled to a “cooling off period” in which you can change your mind about your purchase. This period begins from the day we deliver your vehicle to you and is valid for 14 days.
If you wish to return your vehicle then we must be notified in writing within this 14day period. Upon receipt of your request, we will contact you to acknowledge receipt and plan for your order to be cancelled.
Your vehicle must be returned to us within 7 days of your cancellation.
Your refund will be made within 14 days of the vehicle being returned to us. This 14-day period will begin from the day we sign to accept the return of the car to our premises.
Please note that the following terms and conditions apply
Delivery of your vehicle will take place at an agreed time and place. Should you, for any reason, be unable to accept this delivery then you will be liable for the cost of this delivery and any subsequent charges to return it. In the event of cancellation, this amount will be deducted from your final refund amount.
You are liable for the vehicle from the point of accepting delivery. If you choose to cancel within your cooling-off period, then you remain liable for the vehicle until one of our selected collection companies has signed to accept it from you. You will be liable, and charged, for any damage present which was not noted when you accepted delivery of the vehicle. Any cost will be deducted from your final refund amount.
The vehicle cannot be modified or altered in any way from the condition it was delivered.
To receive a full refund a maximum additional mileage of 50 miles from the recorded delivery mileage is allowed. If you cover any additional distance, then an excess mileage charge of £5 + VAT per mile will be deducted from your final refund amount.
You can make your arrangements for the return of the vehicle but, in doing so, accept full liability for the vehicle until it is returned to us. Any damage caused to the vehicle will be deducted from your final refund amount and, in the case of any insurance claim being raised, no refund will be made until a payout from the relevant insurance company has been made to us.
No refund amount will be made until the vehicle has been inspected and signed for by a member of our team. If we intend to make any deductions from your final refund amount, then you will be made aware of that amount before the refund.
14. NOTICES AND GENERAL PROVISIONS
14.1 No waiver of any of the Trader’s rights under the Contract shall be effective unless in writing signed by an authorised person on
behalf of the Trader. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the
enforcement of the Trader’s rights about different circumstances or the recurrence of similar circumstances.
14.2 Each of these terms and conditions and each paragraph hereof shall be construed as separate conditions; should any provision be
found to be invalid or unenforceable or an unreasonable restriction of the Trader’s liability then such provision shall apply with such
modification as may be necessary to make it valid and effective.
14.3 English Law shall govern the construction and operation of the Contract and the Customer agrees to submit to the exclusive
jurisdiction of the English courts.
CAR HOUSE OF BRITIAN LIMITED IS A LIMITED COMPANY REGISTERED IN ENGLISH AND WALES – COMPANY NUMBER 10488888 VAT GB 355 5588 62