1. Owner’s Service Statement of Warranty
(i) New goods of the Manufacturer to which an Owner’s Service Statement applies are sold subject to and with the benefit of the Owners Service Statement which gives details of the service facilities available to the Customer free of charge and copies of which are available at the office of the Seller.
(ii) New Goods to which the Owner’s Service Statement above does not apply are sold subject to, and with the benefit of the conditions of sale in so far as not inconsistent herewith and warranty (if any) of the manufacturer (or the concessionaire for the Goods in the United Kingdom or other supplier to the Seller, as appropriate) copies of which are available at the office of the Seller.
(iii) Used Goods are sold subject to such express warranty (if any) as agreed in writing between the parties. The mileage shown on the mileometer of used vehicles is not guaranteed and should not be relied on as indicating the actual mileage run by the vehicle concerned. The warranties set out or referred to above are additional to all conditions and warranties by law except as mentioned below. Non-consumer sales only. In the case of non-consumer sales of goods not ordinarily bought for private use and sales to trade purchasers the implied statutory conditions as to quality and fitness shall not apply to the extent that these conditions may be negative by contract.
2. Capacity of Seller
The Seller contracts as a principal and not as an agent of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods.
A quotation is not an offer and may be withdrawn without notice. Any order given in respect of a quotation is not binding on the Company until accepted by it in writing. All offers of goods from stock are subject to the goods remaining unsold at the time of the receipt of order.
Drawings weights, dimensions and descriptive matter published or referred to by the Company are intended to present only a general description. Their subject matter may be altered, corrected or cancelled at any time without notice to the Customer and they shall in no circumstances be deemed to be incorporated in or form part on the contract.
3. Alterations to Specifications
In the event of any alterations to the specification of the Goods the Seller reserves the right to deliver in fulfilment of the order Goods conforming to the Manufacturer’s specification prevailing at the time of delivery for Goods of the make and model ordered.
The Customer shall indemnify the Company against all claims made against the Company as a result of work done in accordance with the Customer’s specification ore design which involves the infringement of any patents, registered designs, trademarks or copyright.
The Company shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Company is not responsible for such specification and supply.
4. Discontinuance of Manufacture
In the event of the Manufacturer discontinuing the sale of Goods conforming to the specification set out overleaf the Seller may cancel the contract for the sale of the Goods and return the deposit paid by the Customer or its value without further liability on the part of the Seller or supply in fulfilment of the order a reasonable replacement therefore, if required in writing by the Customer.
5. Alterations to Price
The quoted price is subject to taxes, import duties, levies and/or government charges.Any changes to these charges are outside of the control the Seller and will be added to the contracted price as appropriate.
Any changes to the vehicle cost price from the Manufacturer (e.g. as a result of currency exchange movements) will be passed through to the Customer in the final invoice.Should there be any changes to the invoiced price the Seller will notify the Customer as soon as the Seller is aware.The Customer is able to cancel the contract without penalty up to 7 days after receipt of the price notification.If the Seller is able to cancel their order with the Manufacturer the Seller will accept a request from the Customer to cancel their order without penalty up to 7 days after receipt of the price notification.
The place of delivery shall be the Seller’s premises specified herein or elsewhere as agreed in writing between the parties hereto. The Seller shall not be liable to the Customer for any non-delivery or delay in delivery (whatever the cause of either) nor for any damage or loss caused thereby. In the event of the Seller being unable to deliver the Goods or any reasonable replacement therefore requested by the Customer for any reason whatsoever, either the Seller or the Customer shall be at liberty in writing to terminate this contract and in this event the Seller shall return any deposit paid by the Purchaser, without any further liability on the part of the Seller.
Any complaints in respect of goods supplied or services performed by the Company must be made in writing to the Company no later than 14 days after date of invoice or receipts of goods.
All goods shall remain the absolute and unencumbered property of the Seller until such time as the Seller has received cleared payment in full in respect of them.
8. Part Exchange Vehicle
Where the Seller has agreed to allow part of the total price of the Goods to be satisfied by the Customer delivering a Part Exchange Vehicle to the Seller, the allowance is hereby agreed to be given and the Part Exchange Vehicle is hereby agreed to be delivered and accepted as part of the sale and purchase of the Goods upon the following conditions:
(a) Such Part Exchange Vehicle is to be delivered to the Seller in the same condition as at the time of appraisal by the Seller (or, if no such appraisal took place, in the same condition as at the date of acceptance hereof by the Seller) without alteration of any particulars of the Part Exchange Vehicle appraised by the Seller, and if such Part Exchange Vehicle is not in the same condition or if any such particulars are altered or missing at the time of delivery to the Seller a reasonable deduction therefore shall be made from such allowance. Any allowance agreed prior to the production of the Certificate of Registration of the Part Exchange Vehicle is agreed subject to the verification of the date of first registration.
(b) If the Part Exchange Vehicle is not delivered to the Seller within thirty days of acceptance by the Seller or if the mileage run by the Part Exchange Vehicle exceeds by more than 2000 miles the mileage recorded by the Seller at the time of appraisal a reasonable alteration may be made by the Seller to the allowance on the Part Exchange Vehicle.
(c) If the Part Exchange Vehicle is the subject of a Hire Purchase agreement or any other charge or encumbrance whatsoever and a settlement of such Hire Purchase Agreement charge or encumbrance can be made by the Seller thereby vesting property in the Seller, the allowance to be made in respect of the Part Exchange Vehicle shall be reduced by the amount paid in settlement of such Hire Purchase Agreement charge or encumbrance.
(d) The Part Exchange vehicle shall be delivered to the Seller on or before delivery of the Goods to the customer and the property in the Part Exchange Vehicle shall thereupon pass to the Seller absolutely.
(e) The particulars and information given by the Customer in relation to the Part Exchange Vehicle are true and accurate in all respects.
If the Customer does not pay to the Seller the balance due on delivery within fourteen days of being notified by the Seller that the Goods are ready for delivery or if the Customer fails to deliver the Part Exchange Vehicle for which an allowance is being made or terminates the contract relating to the sale and purchase of the Goods, the Seller may in addition to any other rights under the contract, sell the Goods and may determine the contract (if not determined by the Customer) without prejudice to the Seller’s right to sue for breach of contract. Should the Goods be sold by the Seller a sum in respect of any loss sustained by the Seller by reason of the Customer’s failure to pay for the Goods or to deliver the Part Exchange Vehicle shall be paid to the Seller by the Customer. For this purpose the Seller shall be entitled to apply the whole or any part of any deposit towards making good the loss sustained by the Seller.
10. Variation of Terms
Subject to Clause 5 above, no variation of these Conditions of Sale shall be effective unless in writing and expressly accepted and agreed by or on behalf of the Seller.
Any notice required to be given under this contract may be sent by prepaid letter post addressed to the party receiving such notice at the address set out overleaf or at such other address as is notified by that party in writing to the other party.
12. Hire Purchase
Any order or offer by the Customer to purchase the Goods and (where applicable) to sell a Part Exchange Vehicle is subject to acceptance and confirmation in writing by the Seller. Subject to these Conditions of Sale once such acceptance has been given the Customer shall be legally bound to purchase the Goods and the Seller to sell them. In the event of the Customer wishing to obtain finance for the Goods whether by way of hire purchase, credit sale, conditional sale, loan or otherwise he shall be at liberty to do so but any arrangement made between the Customer any person, firm or company providing finance (“the Hire Purchase Company”) shall in no way affect the Customer’s obligation under this Agreement, even though the Seller may act as the agent for either the Customer or the Hire Purchase Company in connection with the financial arrangements. If the Customer concludes such financial arrangements and requests the Seller to transfer the title of the Goods directly to the Hire Purchase Company or to any other person, firm or company, the Seller agrees to do so on the same terms as to the Customer provided that if any legal or administrative costs are involved in such transaction such costs will be paid by the Customer and also that the Customer remains bound by these Conditions of Sale.
13. Credit references
In order to process the Customer’s credit application the Seller will supply the Customer’s personal information to credit reference agencies (CRAs) and they will give the Seller information about the Customer, such as about the Customer’s financial history. The Seller does this to assess creditworthiness and product suitability, check the Customer’s identity, manage the Customer’s account, trace and recover debts and prevent criminal activity.
The Seller will also continue to exchange information about the Customer with CRAs on an ongoing basis, including about the Customer’s settled accounts and any debts not fully repaid on time. CRAs will share the Customer’s information with other organisations. The identities of the CRAs, and the ways in which they use and share personal information, are explained in more detail at http://www.experian.co.uk/crain/index.html.
The Seller adheres to the code of Practice for the Motor Industry drawn up in consultation with the Director General of Fair Trading. The Seller will co-operate in the submission of any unsatisfied grievance or dispute to the appropriate conciliation and arbitration services available under the code.
15. Taxes and Import Duties
The pricing in all vehicle orders are subject to taxes, import duties, levies and / or government charges in effect on the date of chassis build. Any changes to these charges are outside the control of Mercedes-Benz Trucks UK Ltd and Motus Group (UK) and will be added to the contracted sale price as appropriate.
Version: Sep 2020