(a)The order for sale of a motor vehicle by us (“Sytner”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Sytner.
(b)The order together with these terms and conditions evidences the contract between the parties. Before completing your order please ensure that the contract reflects what is agreed. If Sytner agrees to changes it will confirm this to the Customer in writing. Sytner’s legal duty is to provide the Goods as described (“the Goods”) to the terms of the contract.
(c)A person who is not a party to the contract may not enforce any terms of the contract unless this contract is lawfully transferred to them.
(a) Sytner will provide an estimated delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Sytner.
(b) The Goods may be delivered by Sytner or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.
(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer or Sytner may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Sytner shall be under no further liability to the Customer.
(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Sytner has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Sytner to the Customer only where agreed by Sytner and at the Customer’s cost.
(e) Sytner may at any time cancel the contract by notice in writing to the Customer if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market or in the event that the manufacturer is unable or refuses to accept the order for the Goods or no longer supplies the Goods to the specification ordered by the Customer. Upon such cancellation any deposit paid by the Customer shall be returned and Sytner shall be under no further liability to the Customer.
3. Price and Payment
(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated overleaf has been paid in full in cleared funds. Time for payment shall be of the essence.
(b) If the Total Retail Price or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment that is permissible being £5,000) or bankers draft then such payment or part payment may be made on the day of collection (subject to Sytner being given an opportunity to confirm the validity of such draft).
(c) Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Sytner at the price payable hereunder. Sytner shall not release the Goods until the Total Retail Price has been paid in full in cleared funds by the said finance company.
4. Failure to collect goods
If the Customer fails to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then Sytner may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as wrongfully ended by the Customer and clause 12(b) will apply.
5. Part Exchange
In the event that Sytner agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price
(“Allowance”) such agreement shall be subject to any warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:
(a) if any financial or other declared interests are capable of cash settlement Sytner may elect to discharge such finance and interests and deduct expenditure from the exchange value offered;
(b) the used motor vehicle will be delivered in the same condition as at the date it was examined by Sytner (fair wear and tear excepted);
(c) the used motor vehicle shall be delivered to Sytner upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle has been delivered to Sytner;
(d) ownership of the used motor vehicle shall pass absolutely on delivery to Sytner;
(e) in the event that any of the warranties or declarations provided by (or on behalf of) the Customer in respect of the used motor vehicle prove to be incorrect or there is a breach of clause 5(b), Sytner shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.
6. Cherished Number Plate
Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods. The Customer and Sytner will provide all reasonable assistance to each other to facilitate transfer of the registration.
(a) Sytner shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and Sytner shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:
(i) after discovering the defect the Customer has failed either to inform Sytner or to have the defect examined by a Dealer without reasonable delay;
(ii) has failed to give a Dealer the option to repair the Goods without reasonable delay;
(iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
(iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;
(v) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;
(vi) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.
(b) In the case of the Goods being a second-hand vehicle, Sytner shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order. Text here ...
8. Examination of Goods and Reliance
(a) Prior to signing the order form the Customer should examine the Goods to be purchased (if they are available for inspection) and the Customer is reminded that the condition of satisfactory quality required by law does not operate in relation to defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by Sytner to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
(b) The Customer should satisfy itself as to the suitability of the Goods for its requirements and not rely upon Sytner's skill or knowledge regarding the Goods' fitness for any particular purpose or use.
(a) The Customer’s legal rights: irrespective of any warranty Sytner has offered, the Customer is entitled to exercise its statutory rights if the Goods are faulty at the time of their delivery.
(b) The Customer should contact Sytner as soon as possible: The Customer should contact Sytner as soon as he or she becomes aware of a problem with the Goods. A delay in reporting a problem may lead to unnecessary damage being caused to the Goods.
(c) Inspection of the fault: where the Customer believes the Goods to be faulty they should be returned to the Sytner premises where the Goods were purchased, as soon as possible for Sytner to inspect. If the Goods are a vehicle and there is a safety concern or the vehicle is not driveable, Sytner may arrange to collect the Goods or to carry out an inspection off-site.
(d) Consumer Customer’s key legal rights: if the Customer is an individual buying the Goods for purposes that are wholly or mainly outside its business, trade or profession then it has certain rights under the Consumer Rights Act 2015 if the Goods are not as described or, because of a fault that was present at the time Sytner delivered them to the Customer which caused the Goods not to be of satisfactory quality or fit for purpose:
Up to 30 days- If the Customer does not wish Sytner to repair or replace the Goods the Customer is entitled to a refund;
Up to 6 months- If the fault cannot be repaired or replaced, then the Customer is entitled to a refund. Sytner is entitled to make a fair deduction from the refund to reflect the value of the use the Customer has had from any vehicle.
If the Customer chooses repair or replacement the option chosen must be proportionate taking into account the nature of the fault, cost implications to Sytner and any significant inconvenience to the Customer.
After 6 months: If the Goods do not last a reasonable length of time, the Customer may be entitled to some money back.
(e) This is only a summary of some of the key rights of a consumer customer. For detailed information from Citizens Advice please visit your local Citizens Advice centre or www.citizensadvice.org.uk.
(f) Return of Goods: Any Goods which Sytner agrees to refund should be returned by the Customer to the Sytner premises where the Goods were purchased. If they are not drivable Sytner may arrange collection.
(g) Refunds where Sytner has accepted a part-exchange vehicle: Where Sytner gives the Customer a full refund but part of the price has been paid by way of part-exchange of a used motor vehicle then subject to the Customer’s part-exchange vehicle still being available in the condition supplied by the Customer, Sytner will return it. If Sytner is unable to do so the part-exchange Allowance will be refunded to the Customer. Any refund to the Customer shall take into account the sums paid by Sytner in accordance with clause 5(a) to settle any finance or other interests affecting the part-exchange vehicle. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Sytner on demand.
(h) Where a customer complaint is not resolved: good customer service is important to Sytner and we try to resolve all complaints to the Customer’s satisfaction. However if Sytner fails to do this and the Customer believes there is a claim then the matter may be referred by the Customer to the National Conciliation Service. For details of this service please contact them on 01788 538317 or visit their website at www.nationalconciliationservice.co.uk
(i) Right to Costs: in the event that a complaint by the Customer is pursued unreasonably in all the circumstances the Customer shall pay to Sytner all reasonable costs, charges and expenses (including legal costs and fees) incurred by Sytner in or in contemplation of court proceedings brought or threatened by the Customer.
10. Sale to Intermediaries and Third Parties
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller. Sytner may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer or (where Sytner reasonably believes the Customer to be a reseller) to cancel the contract. In the event of cancellation by Sytner clause 12(b) will apply.
11. Retention of Title
(a)Notwithstanding delivery, collection and/or the passing of insurance risk for the Goods, or any other provision of these terms and conditions, ownership of the Goods shall not pass to the Customer until the Total Retail Price has been paid in full in cleared funds.
(b)Until such time as ownership of the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as Sytner’s property. Further, Sytner shall be entitled at any time to require the Customer to return the Goods to Sytner and if the Customer fails to do so promptly, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
(c)Until the Customer owns the Goods the Customer shall not be entitled to sell the Goods or use them as security for any indebtedness. If the Customer does so all money owing by the Customer to Sytner shall (without prejudice to any other right or remedy of Sytner) immediately, become due and payable.
12. Customer Unauthorised Cancellation or Breach
(a) Except where the Customer is given a right to cancel its order in these terms and conditions or the Customer is entitled to do so by law, then no order which has been accepted by Sytner may be cancelled by the Customer unless Sytner has agreed to the cancellation in writing. Where cancellation is agreed clause 12 (b) below shall apply.
(b) Where the Customer (1) cancels its order (other than where the Customer is entitled to do so by law or under clause 2(c) or clause 13, or where the manufacturer price is increased and the customer is given the opportunity to cancel) or (2) otherwise fails to collect the Goods or (3) breaches the contract so that it is ended then Sytner shall be entitled to be compensated and paid a sum equivalent to a reasonable administration fee and any damages, loss or expenses which Sytner may have suffered or incurred by reason of the Customer’s cancellation or default (including as a result of selling the Goods at a lower value) and storage costs. Such sums may be deducted from any deposit or other money paid by the Customer and the balance (if any) shall be returned to the Customer. If the losses Sytner has suffered exceed the deposit paid then the Customer shall be liable to Sytner for the excess amount. Sytner may, at its option elect to return any part-exchange vehicle or to retain it (in which case the agreed part-exchange Allowance, after deduction of the sums paid by Sytner in accordance with clause 5(a) to settle any finance or other interests affecting the part-exchange vehicle, shall be treated as part of the sums paid by the Customer for the purpose of this clause). If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Sytner on demand.
13. Distance and Off Premises Contracts
(a) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if the Customer as a private consumer has (1) entered into this contract prior to a face-to-face meeting with Sytner or (2) the contract is agreed face-to-face with Sytner in a place that is not Sytner’s business premises or (3) the Customer places an order during a face-to-face meeting with Sytner that happens in a place that is not Sytner’s business premises or (4) the contract is entered into on Sytner's business premises or through any means of distance communication immediately after a face-to-face meeting between Sytner and the Customer in a place that is not Sytner’s business premises, then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.
(b) In order to exercise the right to cancel the Customer must provide Sytner with a clear statement (e.g. a letter sent by post, fax or email). The Customer may cancel the contract by using the model cancellation form provided with these terms and conditions below but is not obliged to do so. The statement should be sent to Sytner using the contact details contained within the order form within the 14-day cancellation period.
(c) On cancellation Sytner shall reimburse to the Customer all payments received from the Customer including any delivery costs (unless the Customer expressly chose a method of delivery more expensive than the least expensive option in which case the Customer will be reimbursed the value of the least expensive delivery method).
(d) Subject to clause 13(e) below on cancellation the Customer shall return the Goods to Sytner without undue delay and in any event not later than 14 days after the day on which the Customer advises Sytner of the cancellation, at the Customer’s cost. If the Customer fails to return the Goods, Sytner may make a charge for the cost of recovering the Goods from the Customer, this is likely to cost a minimum of £100 and Sytner may deduct this charge from any sum that Sytner must reimburse to the Customer.
(e) In the event the Customer entered into this contract in the circumstances described at points (2), (3) or (4) of clause 13(a) above and Sytner has delivered the Goods to the Customer, Sytner shall arrange for the Goods to be collected at its own expense.
(f) Sytner will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after Sytner received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.
(g) On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part-exchange Sytner will at Sytner’s discretion either return the part-exchange or pay the agreed part-exchange value (after deduction of the sums paid by Sytner in accordance with clause 5(a) to settle any finance or other interests affecting the part-exchange vehicle) to the Customer. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Sytner on demand.
(h) If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, Sytner may recover that amount from the Customer and Sytner can deduct it from the reimbursement provided for under clause 13(c) of these Terms and Conditions. Sytner will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
(i) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
Sytner will not be liable to the Customer for (a) losses that were not in the reasonable contemplation of both parties when the contract was formed; (b) losses that were not caused by any breach on the part of Sytner; and (c) business losses, and/or losses to non-consumers.
Nothing in this clause shall operate to restrict or exclude Sytner’s liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
15. Termination / Suspension
In the event that:
(a) Sytner reasonably believes on reasonable grounds that the Customer will be unable to meets its financial obligations in respect of this agreement; or
(b) if the Customer is in material breach of any obligations under the contract then, without prejudice to any other right or remedy available to Sytner, Sytner shall be entitled to cancel this contract or suspend delivery under this contract until the Customer has remedied the breach. If Sytner ends the contract then it shall be entitled to be compensated as set out in clause 12(b).
Sytner shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation to process the Customer’s order and payment and (unless the Customer requests Sytner does not do so), to inform the Customer about similar products that Sytner provides. The Customer may stop receiving this information at any time by contacting Sytner.
Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the last known residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
Any waiver by Sytner or the Customer of any breach of contract by the other should be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
19. Invalidity of these Terms
If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.
20. Applicable Law
This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.
To: (Please send this completed Cancellation Form to the dealer whose contact details are provided on the front of the Order Form)
I / We [*] hereby give notice that I / We [*] cancel my / our [*] contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumers(s) (only if this form is notified on paper),
[*] Delete as appropriate.