- Save as expressly provided in these conditions and the written
contract between the parties, and except in the case of Consumer
Sales (as defined by the Sale of Goods Act 1979), or in respect of
death or personal injury caused by the Seller's negligence, the
Seller shall not be liable to the Buyer and all warranties,
conditions or other items implied by statue or common law as to the
quality of the goods or their fitness for purpose are herby
excluded to the fullest extent permitted by law. Where the
goods are sold under a Consumer Sale, the statutory rights of the
Buyer are not affected by these conditions.
- Orders for Goods, and offers of part exchange allowances for
any used motor vehicle, must be confirmed in writing by the Seller
and accepted by the Purchaser, subject in either case to these
Conditions, which shall govern the Contract. No variation to
these Conditions shall be binding unless agreed in writing by the
Seller.
- The Seller's employees or agents are not authorised to make and
representations concerning the Goods or pert exchange allowances
unless confirmed by the Seller in writing. In entering into the
Contract the Purchaser acknowledges that he does not rely on, and
waives any claim for breach of, any such representation which are
not so confirmed.
- Subject as hereinafter provided, no order which has been
accepted may be cancelled by he Purchaser except with the written
consent of the Seller and subject to the Purchaser indemnifying the
Seller in full against all loss (including loss of profit), costs
(including the cost of any labour and materials), damages, charges
and expenses incurred by the Seller.
- In within 14 days of receipt of written notification from the
Seller that the Goods are ready for delivery the Purchaser fails to
take or pay for the Goods, then, without prejudice to any other
rights it may possess, the Seller may cancel the Contract,
appropriate any deposit paid for the Goods and charge the Purchaser
interest on the amount unpaid at the rate of 4% above the base rate
of Barclays Bank PLC from time to time until payment is made.
- Risk of damage to or loss of the Goods shall pass to the
Purchaser upon delivery of the Goods or payment in full for the
Goods, whichever is sooner.
- Notwithstanding the provisions of Clause 6 the property in the
Goods shall not pass to the Purchaser until the Seller has received
full payment of the Goods together with the delivery of the used
vehicle (if any) offered by the Purchaser in part-exchange. A
cheque given by the Purchaser in payment shall not be treated as
payment until it has been cleared.
- Until such time as the property in the Goods passes to the
Purchaser, the Seller shall be entitled at any time to require the
Purchaser to deliver up the Goods and if the Purchaser fails to do
so forthwith, to enter upon any premises of the Purchaser or any
third party where the Goods are stored and repossess them.
- Any estimated date quoted for delivery of the Goods is
approximate only and the Seller shall not be liable for any loss
suffered by the Purchaser arising from any delay in delivery of the
Goods, howsoever caused, subject to the following:
- If the Seller has failed to deliver the Goods within 21 days of
the estimated date of delivery, the Purchaser may by written notice
to the Seller make time of the essence, and
- If the Seller fails to deliver the Goods within 7 days of
receipt of the Purchaser's written notice, the contract may be
cancelled at the option of wither party, whereupon the deposit (if
any) paid by the Purchaser shall be refunded in full but without
interest.
- In the event of the Seller accepting delivery from the
Purchaser of a used motor vehicle as part of the allowance of the
price of the Goods, such allowance is given and received, and such
used vehicle is hereby agreed to be delivered and accepted upon the
following conditions:
- that such vehicle is absolute property of the Purchaser free
from all encumbrances; or (ii) that such vehicle is the
subject of a hire purchase or other encumbrance or encumbrances
capable of discharge by the Seller, in which case the allowance
shall be reduced by the amount required to be paid by the Seller in
discharge of the encumbrance or encumbrances.
- Fair wear and tear is excepted, the Purchaser shall deliver
said used vehicle to the Seller in the same condition as at the
Seller's examination of it or acceptance of it prior to
confirmation and acceptance of this order, and
- such used vehicle shall be delivered to the Seller within 14
days of written notification to the Purchaser that the Goods are
ready for delivery and upon delivery property and risk in the said
used vehicle shall pass to the Seller.
- If through no default on the part of the Seller the Goods shall
not be delivered to the Purchaser within 30 days from the date of
Order or the estimated delivery date whichever is the later date,
the allowance granted by the Seller on the said used vehicle shall
be reduced by an amount of 2.5% for each complete period of 30 days
from the date mentioned above until the delivery of the Goods.
- Failure by the Purchaser to comply with the foregoing
Conditions (other than 10(d) entitles the Seller to be discharged
from its obligation to accept the said used vehicle or make any
allowance in respect thereof, and the Purchaser shall discharge in
cash the full price of the Goods to be supplied by the Seller.
- Notwithstanding the provisions of this Agreement the Purchaser
may before the expiry of 7 days following receipt by him of
notification that the Goods are ready for delivery, arrange for a
finance company to purchase the Goods from the Seller at the price
payable hereunder. Upon the purchase of the Goods by the finance
company, the proceeding clauses of this agreement shall cease to
have effect but any used vehicle for which an allowance was there
under agreed to be made to the Purchaser pursuant and subject to
Clause 10 shall be bought by the Seller at the price equal to such
allowance and the Seller shall account to the finance company on
behalf of the Purchaser for the said price and any deposit paid by
him under this agreement.
- If the Good to be supplied by the Seller are new, the following
provisions shall have effect:
- The Seller undertakes that it will ensure pre-delivery work
specified by the Manufacturer or Commissionaire is performed and
that it will use its best endeavours to obtain from the
Manufacturer or Commissionaire the benefit of any warranty or
guarantee given by it to the Seller or Purchaser;
- Notwithstanding the sum for Car Tax and Value Added Tax
specified in the order, the sum payable by the Purchaser in respect
thereof shall be such sum as the Seller has legally to pay at the
time the taxable supply occurs;
- If after the date of this order and before the deliver of the
Goods to the Purchaser the Manufacturer's or Concessionaire's
recommended price for the Goods shall be altered, the Seller shall
give written notice of such alteration to the Purchaser and:
- If the alteration increases the price of the Goods and this
increase will be passed to the Purchaser, the Purchaser shall have
the right to cancel the contract within 14 days of the receipt by
him of such notice, failing which such increase shall be
added to the contract price for the Goods;
- In the event of the Manufacturer of the Goods described in the
order ceasing to make goods of that type or specification then
(whether the estimate delivery date has passed of not) the
Seller may at any time by notice in writing to the Purchaser cancel
the Contract.
- If the Goods are to be supplied by the Seller as roadworthy
used goods at the date of delivery and the sale of such goods is a
Consumer Sale, the following provisions shall have effect:
- The Goods are sold subject to any conditions or warranties
implied by the Sale of Goods Act 1979
- Prior to signing this order form the Purchaser shall examine
the vehicle and check the items set out in the Purchaser's
Certificate of Examination overleaf. S14(2) of the Sale of Goods
Act 1979 (merchantable quality) does not operate in relation to
those defects which examination ought to reveal, nor to any defect
notified by the Seller to the Purchaser prior to the signing of
this Contract.
Data Protection Act
The information supplied in this order form will be held by Lind
US Ltd in its computer records. It may be used to offer you
services which we think might be of interest to you, and may be
disclosed to others from time to time for this and other purposes,
subject to the provisions of the Data Protection Act 1998. If you
do not want your information to be used for marketing purposes,
please inform us in writing at LIND US Ltd, Tithe Barn,
Attlebridge, Norwich, NR9 5AA, UK.