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TS and CS Page 2

13. Right of lien

13.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

14. Authority to contract

14.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the Vehicle shall be paid for by the Customer. 

15. Authority to uplift

15.1 Where a person, who so far as the Dealer is aware, has the authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever.  It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

16. Authority to drive

16.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of therein, the Dealer shall be entitled to drive the Vehicle on the road or elsewhere as it shall necessary.  These provisions shall apply also to any Vehicle offered by the Customer in part exchange.

17. Vehicle specification

17.1 The Dealer makes every effort to ensure all prices and Vehicle details on this website and in sales literature are correct. However, occasionally the specification can sometimes differ from that detailed.  Customers should satisfy themselves that a Vehicle has a specific feature that is important to them before purchase.

17.2 Prices, offers and details of Vehicles are subject to change without notification.

18. Notices

All written notices given to the Customer by the Dealer shall take effect 24 hours after being dispatched by the Dealer in the normal course of post to the Customer’s address shown on the order or invoice.

19. Distance selling

19.1 If, and only if, the Customer has acted as a Consumer where this agreement has been completed away from the Dealer’s business premises and/or without any face to face contact between the Dealer and the Customer; or anyone acting on the Customer’s or Dealer’s respective behalf, the Customer may give notice to cancel this agreement within 14 days without giving any reason.

19.2 This cancellation period will expire 14 days after the day on which the Customer, or a third party on the Customer’s behalf, take delivery or otherwise acquires physically possession of the Vehicle.  To exercise this right to cancel, the Customer must inform the Dealer of their decision to cancel this agreement in writing by clear statement e.g. a letter sent by post or email to the Dealer’s address.

19.3 If the Customer cancels this agreement, the Dealer will reimburse to the Customer all payments received from the Customer under this agreement, without undue delay and no later than 14 days after the day on which the Dealer receives the Goods back.

19.4 The Dealer may withhold reimbursement until the Dealer has received the Vehicle back. The Customer should deliver the Vehicle to the Dealer’s address without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this agreement to the Dealer.  The Dealer will require that the Customer bears the cost of returning the Vehicle to the Dealer.

19.5 The Customer must take reasonable care of the Goods whilst they are in their possession.  The Customer will be responsible for any loss or damage from when they are delivered to the Customer until when they are returned to the Dealer.

20. Storage

20.1 The Dealer reserves the right to make a charge of £20/day for the storage of Vehicles

21. Dispute resolution

21.1 In the event of a complaint or dispute, in the first instance the Customer should contact the Dealer in writing, by registered post to the following address:

Kimberley Autos

Unit 71a Thornhill Industrial Estate

South Marston

Swindon, Wiltshire

SN3 4TA

 

21.2 Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Dealer’s internal process the Customer may refer the dispute to ADR at the National Conciliation Service who can be contacted as follows:

National Conciliation Service

First floor

2 Allerton Road

Rugby

Warwickshire

CV23 0PA

Tel: 01788 538317

Email: contact@nationalconciliationservice.co.uk

21.3 Where any dispute cannot be resolved through ADR, a contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

Kimberley Autos

Telephone:
07544 138128 01793 988974

Opening times

Monday 08:30 - 18:00
Tuesday 08:30 - 15:45
Wednesday 08:30 - 18:00
Thursday 08:30 - 15:45
Friday 08:30 - 18:00
Saturday 08:30 - 17:00
Sunday Appointment Only

Kimberley Autos

Address:
UNIT 71A THORNHILL INDUSTRIAL ESTATE,
SOUTH MARSTON,
SWINDON,
WILTSHIRE,
SN3 4TA