- Interpretation
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1. The Company means Go Motoring Ltd or, “Us” or “We”.
2. “Customer” means the purchaser of the Vehicle (as defined in clause three).
3. “Vehicle” means the purchase vehicle that forms the subject matter of this contract.
4. “Part-Exchange Vehicle” means the vehicle (if any) that the Customer uses in partial consideration for the discharge of the purchase price of the Vehicle.
- General
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5. The Company shall sell and the Customer shall purchase the Vehicle stated overleaf in accordance with these terms and conditions which shall govern the contract.
6. If the Customer is purchasing the Vehicle solely for private use, then this agreement will be deemed to be a consumer contract. If the Customer is purchasing the Vehicle predominantly for use in a trade or business, then this agreement will be deemed to be a commercial contract and the implied terms contained with the Sale of Goods Act 1979 (as amended) are excluded where it is reasonable to do so.
7. Any accidental error or omission in any information or document issued by the Company shall be subject to correction provided that the correction does not materially affect the contract.
8. The price quoted overleaf is inclusive of Value Added Tax.
9. The Vehicle shall remain the property of the Company until the purchase price has been discharged in full. A cheque given by any party in payment shall not be treated as a discharge until the same has been cleared.
10. If the purchase of the Vehicle is subject to finance, then the Vehicle shall remain the property of the Company until (i) the payment price and/or commission payable have been discharged in full. A cheque given by any party in payment shall not be treated as a discharge until the same has been cleared; and (ii) the credit agreement has been properly executed. Property in the Vehicle shall not pass from the Company to the Customer until both of these conditions have been fulfilled.
11. If for any reason the credit agreement is deemed to be improperly executed, then the Customer shall return the Vehicle back to the Company immediately upon request or hand over the Vehicle upon demand. Legal title to the Vehicle will never pass to the Customer or any other party in respect of an improperly executed agreement.
12. The Customer has a duty of care to look after the Vehicle and keep it in good clean condition throughout any period of possession.
13. If property in the Vehicle does not pass to the Customer and the Vehicle has to be returned to the Company for whatever reason, then the Customer must pay for the use of the Vehicle on the basis of 25p per mile together with the full costs of any damage to the Vehicle which has occurred during the period of possession.
14. If the Customer is unable or unwilling to pay for the Vehicle and the property in the Vehicle has not passed to the Customer or any third party such as a finance company, the Company (or any of its appointed agents) may at any time require the Customer to deliver up the Vehicle and if the Customer fails to do so within a reasonable period, enter on any premises where the Vehicle is stored and reclaim it.
15. The Company reserves the right to charge interest at 2% above Barclay’s base rate from time to time on any amount outstanding. Such interest where charged will be calculated from the date the amount falls due until it is received and be payable both before and after legal judgment. All direct and indirect reasonable costs incurred by the Company in the pursuit of any unpaid amount owed by the Customer are chargeable to and must be paid by the Customer upon reasonable notice.
16. Any dates quoted for delivery to the Customer are approximate only. Time for delivery shall not be of the essence of the contract, unless previously agreed by the Company in writing.
17. If property in the Vehicle has not yet passed and the Customer fails to take delivery of the Vehicle after the giving of reasonable notice, the Company may store the Vehicle for up to 7 days until the Customer has taken delivery and charge the Customer for the reasonable costs of storage; or alternatively, sell the Vehicle at the best price readily obtainable. Any financial losses (direct or indirect) incurred by the Company on a resale shall be met in full by the Customer.
18. The provisions of Contracts (Rights of Third Parties) Act 1990 and any subsequent amendment or variation shall not apply to this agreement.
19. This contract shall be governed by English Law and the parties shall submit to the exclusive jurisdiction of the English Courts.
- Sale of New or Used Vehicle
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20. It is the responsibility of the Customer to check that the Vehicle is displaying the necessary Road Fund Licence prior to driving onto a public highway. If the Vehicle does not have the required Road Fund Licence in place, it is the responsibility of the Customer to ensure that the Road Fund Licence is obtained and correctly displayed on the Vehicle prior to driving the Vehicle off the Company’s premises. No responsibility is accepted by the Company for any Vehicle driven away from its premises that does not bear the correct Road Fund Licence.
21. It is the responsibility of the Customer to have an appropriate motor insurance policy in place before driving the Vehicle away from the Company’s premises. No responsibility is accepted by the Company for any Vehicle that is driven away from its premises that is not properly insured.
22. It is the Customer’s responsibility to cancel any direct debits without delay in relation to any finance agreement which the Company have expressly agreed to settle on behalf of the Customer as part of the transaction. No responsibility is accepted by the Company where the settlement of finance is delayed for reasons beyond the Company’s control, and this results in the finance company continuing to take direct debits from the Customer’s bank account.
23. It is the responsibility of the Customer to ensure that the Vehicle is properly registered with DVLA as quickly as possible after purchase and that the logbook and any other document are correctly transferred into the Customer’s name and address. No responsibility is accepted by the Company for any Vehicle that has not been correctly transferred.
24. If it is relevant to the purchase, the Customer must expressly request and inspect the service history of the Vehicle prior to sale and satisfy himself that the Vehicle has been serviced to a satisfactory standard. The Customer should assume that the Vehicle does not contain a service history unless one has been expressly provided at the point of sale.
25. If a complete Service History is provided with the Vehicle at the point of sale, it is the responsibility of the Customer to service the Vehicle in accordance with the manufacturer’s instructions. In the event that Service History is not provided or, one is provided which is incomplete, it is the responsibility of the Customer to service the Vehicle within 6000 miles of the date of purchase or 6 months (whichever is the earlier). Failure to service the vehicle within the requisite time period will invalidate the NAC guarantee.
26. The mileage on the Vehicle is disclaimed and should not be relied upon by the Customer as being accurate when deciding whether to purchase the Vehicle or not.
27. The Vehicle may or may not be of UK origin and specification. No responsibility is accepted by the Company for any losses associated with an imported vehicle (if any) unless the Vehicle is not of satisfactory quality, fit for its purposes or not as described. Any imported Vehicle will be supplied with a Certificate of Conformity where possible.
28. Used vehicles may not necessarily contain all the necessary documents, accessories and the like. The Customer should assume that the Vehicle does not contain items such as a handbook, spare key etc. where these items have not been expressly displayed in the Vehicle before sale. The Company is only able to pass on to the Customer the items supplied by the previous owner.
29. It is the responsibility of the Customer to repair and pay for any defects on a used vehicle which were discoverable upon a reasonable examination prior to sale unless these have been agreed in writing as part of the contract. This would only include patent defects, cosmetics defects and defects expressly brought to the Customer’s attention prior to sale. This clause does not apply to defects which were not discoverable upon reasonable inspection.
- Purchase of Part-Exchange Vehicle
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30. The Customer warrants that the Part-Exchange Vehicle is free from any charge, interest or encumbrance unless disclosed.
31. Any disclosed finance relating to the Part-Exchange Vehicle will be redeemed by the Company if expressly agreed and will be reflected in the Valuation Price. If the Company accepts an estimated settlement figure, it reserves the right to request any additional sum from the Customer where the estimated settlement differs from the actual settlement later provided by the finance company. Such additional sums must be paid by the Customer within 10 days of a written request to pay.
32. The Customer warrants that he holds legal title to the Part-Exchange Vehicle and that no third party has any claim.
33. The Customer warrants that he passes title to the Part-Exchange Vehicle absolutely to the Company at the point of sale.
34. The Customer warrants that the milometer reading on the Part Exchange Vehicle is correct to the best of his knowledge and belief.
35. The Customer warrants that the vehicle is in sound mechanical condition, has never been involved in a serious accident and the bodywork, framework, chassis and the like is in a satisfactory condition.
36. Any breach of Clause 35 above discovered within 7 days of any agreement to purchase will entitle the Company to rescind the purchase contract and any associated sale contract (if relevant). Damages in lieu of rescission may be accepted at the Company’s discretion.
37. The Customer warrants that he will supply the V5 document to the Company either at the time of sale of the Vehicle or within 7 days thereafter.
38. The Customer acknowledges that any valuation given by the Company in relation to the Part-Exchange Vehicle is only valid for a period of 7 days thereafter and includes the Road Fund Licence, parts and accessories in place at the time of valuation.
39. If the contract for the sale of the Vehicle is withdrawn, legally cancelled or the agreement unravelled for whatever reason, the Customer must take back the Part-Exchange Vehicle if this is available. If however the Part-Exchange Value has been sold or otherwise disposed of then the Customer agrees to accept the part-exchange valuation, as agreed and detailed on the Contract of Sale.
- Data Protection Statement:
We collect information directly from you when you apply to us to purchase a Vehicle and when you apply for finance. We use your information to help us make decisions about any other products or services in which we feel you may be interested. We disclose your information to finance companies only when you have expressly requested us to make an application for credit on your behalf. We may disclose your information to other third parties whose products or services may be of interest to you. You have the right at any time to stop us from contacting you for marketing purposes or giving your information to others for these purposes. If you want us to stop contacting you at any time please write to the Data Protection Officer, Go Motoring Limited, Brewery House, 84, High Street, Newport Pagnell,MK16 8AQ and we will add your details to our suppression list. You have the right to obtain a copy of the information that we hold about you. You may request correction or removal of any information that you believe to be inaccurate. Any subject access request must be made in writing to the Data Protection Officer and accompanied by the appropriate administration fee.
