Terms and Conditions of Business
1.1 ‘The Dealer’ – KDSJ LTD t/a KIMBERLEY AUTOS, the person who is the vendor of the Goods to the Customer
1.2 ‘The Customer’ – the person contracting for Goods and services to be supplied by the Dealer.
1.3 ‘Consumer’, a Customer being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession
1.3 ‘Goods’ means all Vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.4 ‘Vehicle’ includes any car or van and generally each and every accessory to and component thereof.
2. Whole Contract
2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.
3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in the full force and effect.
5.1 The purchase price is the price of the Vehicle. In addition, the invoice may list additional items such as a warranty, delivery etc.
6. Agreement of sale
6.1 A Vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Act 1979/Consumer Rights Act 2015), is sold subject to any conditions or warranties that are implied by the Sale of Goods Act 1979/Consumer Rights Act 2015 or any amended statutes.
6.2 Prior to signing the sales agreement, the Customer shall examine the Vehicle. The Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Act/Consumer Rights Act 2015 do not operate in relation to such defects:
· Which the Customer’s own examination ought to reveal
· Have been notified to the Customer by the Dealer before signing the agreement
7.1 Deposits are non-refundable. When a deposit is placed on a Vehicle and the Customer chooses to cancel the agreement, the deposit paid to the Dealer associated with the transaction will be forfeited.
7.2 When a deposit is paid on a Vehicle, the Customer is consenting to the Dealer undertaking all activities required to get the Vehicle ready for collection.
8. Part Exchange
8.1 If the Dealer has agreed to accept a part exchange Vehicle at an agreed value in part payment of the purchase price, it shall only be bound to do so if the part exchange Vehicle is:
· Clear of any finance agreements, charges or other encumbrances which the Customer did not disclose to us before the date of the agreement
· Delivered to the Dealer’s place of business before the Customer take collection of the Vehicle
· In the same condition on delivery to the Dealer as it was when it was examined before agreeing the part exchange valuation. This is subject to a final inspection at the Dealer’s premises at the time of handing over the Vehicle to the Customer.
8.2 If the Customer fails to satisfy any of the above conditions, the Dealer will not be obliged to accept the part exchange Vehicle or to allow the part exchange valuation against the purchase price and the Customer may be required to pay the full purchase price before you take collection of the Vehicle.
8.3 The Dealer reserves the right to offer the Customer an amended value for the part exchange should issues be identified affecting the original valuation.
9. Delivery and Payment
9.1 The Customer shall be liable to pay the balance of the total purchase price of the Vehicle immediately upon delivery.
9.2 Unless otherwise agreed in writing delivery of the Vehicle shall take place at the Dealer’s premises.
10. Repudiation by Customer
10.1 If the Customer does not pay for and take delivery of its Vehicle within 14 days of notification that the Vehicle is available for collection, the Dealer shall be at liberty to treat the contract as cancelled and the deposit will be forfeited. If this happens or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer reserves the right to sell the Vehicle to another person.
11. Loss or damage
11.1 The Dealer shall be responsible for the loss of or damage to any Vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.