TERMS & CONDITIONS: SALE OF NEW AND USED VEHICLES
In these terms and conditions ("Conditions"):
"Seller" "we" "our" or "us" means Ford Retail Limited; "Buyer" "you" or "your" means the buyer of the vehicle;
"Business Customer" means a Buyer who is not a Consumer.
"Consumer" means a Buyer who is a consumer within the meaning of the Consumer Rights Act 2015.
"Manufacturer" means the manufacturer of the vehicle the subject of this agreement.
1.1. These Conditions apply to the contract between you and us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2. An order constitutes an offer by you to purchase the vehicle in accordance with these Conditions. You are responsible for ensuring that the terms of the order are complete and accurate.
1.3. The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract shall come into existence.
1.4. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01708 893981 or write to us at firstname.lastname@example.org or Customer Care, Ford Retail Limited, 2 Charter Court, Newcomen Way, Colchester, Essex, CO4 9YA. Alternatively, please speak to one of our staff at our premises.
Clause 1.5 applies to Business Customers Only
1.5. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.1. During the order process we will keep you informed of your vehicle’s delivery date.
2.2. If you do not collect the vehicle from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the vehicle from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
Clause 2.3 applies to Business Customers only
2.3. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the vehicle that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the vehicle.
Clause 2.4 to 2.7 inclusive applies to Consumers only
2.4. If our supply of the vehicle is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
2.5. You have legal rights if we deliver the vehicle late. If we miss the delivery deadline for the vehicle then you may treat the contract as at an end straight away if any of the following apply:
2.5.1. we have refused to deliver the vehicle;
2.5.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
2.5.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
2.6. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 2.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
2.7. If you do choose to treat the contract as at an end for late delivery under clause 2.5 or clause 2.6, you can cancel your order for the vehicle and, where an order is for multiple vehicles, you can reject a vehicle that has been delivered or reject or cancel the order for some of those vehicles (not all of them). After that we will refund any sums you have paid to us for the cancelled vehicles and their delivery. If the vehicles have been delivered to you, you must either return them or allow us to collect them in accordance with clause 3.2 below.
The whole of clause 3 applies to Consumers only
3. Conformity of vehicles
3.1. We are under a legal duty to provide goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights as a Consumer. These are subject to certain exceptions.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a refund of up to the full amount, although if your goods are a motor vehicle we may be entitled to make a reasonable deduction for any use of the vehicle whilst the goods were in your possession.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
3.2. If you wish to exercise your legal rights to reject products you must either return them, together with all keys and documentation, in person to where you bought them, or (as they are not suitable for posting) allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01708 893981 or email us at email@example.com to arrange collection.
4. New Vehicles
4.1. If the goods to be supplied by us are new:
4.1.1. this agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer may from time to time lawfully attach to the supply of the goods or the resale of such goods by us.
4.1.2. we undertake that we will ensure that the pre-delivery work specified by the Manufacturer is performed and that we will use our best endeavours to obtain for you from the Manufacturer the benefit of any warrantee or guarantee given by him to us or you in respect of the goods. The rights contained in this clause are in addition to and will not limit the statutory rights of a Consumer.
Clause 4.1.3 applies to Business Customers only
4.1.3. we shall not be liable for any failure to deliver the goods occasioned by our inability to obtain them from the Manufacturer or by our compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the Manufacturer may be inspected at our office.
5. Limitation of Liability
5.1. Nothing in these Conditions shall limit or exclude our liability for:
5.1.1. death or personal injury caused by its negligence, or the negligence of our employees, agents or subcontractors (as applicable);
5.1.2. fraud or fraudulent misrepresentation;
5.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
5.1.4. defective products under the Consumer Protection Act 1987; or
5.1.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Clause 5.2 applies to Business Customers only
5.2. Subject to clause 5.1:
5.2.1. We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
5.2.2. Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the vehicle.
Clause 5.3 to 5.4 inclusive applies to Consumers only
5.3. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
5.4. If you are a Consumer then we will supply the vehicle to you for domestic and private use. If you use the vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The price of the vehicle will be the price specified on the order form.
Regardless of the sum for Value Added Tax specified in the order of the vehicle, the sum payable by the Buyer in respect of Value Added Tax will be such sum as we become legally liable for at the time the taxable supply occurs.
8. Part Exchanges
8.1. Where we agree to allow part of the price of the vehicle to be discharged by you delivering a used motor vehicle to us, the following conditions will apply:
8.1.1. that such used vehicle is your absolute property and is free from all encumbrances or that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by us, in which case the allowance shall be reduced by the amount required to be paid by us in settlement thereof;
8.1.2. that if we have examined the said used vehicle prior to his confirmation and acceptance of this order, the said used vehicle shall be delivered to us in the same condition as at the date of such examination (fair wear and tear excepted);
8.1.3. that such used vehicle shall be delivered to us on or before delivery of the goods to be supplied by us under this agreement, and the property in the said used vehicle shall thereupon pass to us absolutely;
8.1.4. that without prejudice to clause 8.1.3 above such used vehicles shall be delivered to us within 14 days of notification to you that the goods to be supplied by us have been completed for delivery;
8.2. In the event of the non-fulfillment of any of the foregoing conditions, we shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof and you shall discharge in cash the full price of the goods to be supplied by us.
Subject to clauses 2.4 to 2.7, 3 and 12, if you fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, we shall be at liberty to treat the contract as repudiated by you and any deposit shall be forfeited without prejudice to our right to recover from you by way of damages any loss or expense which we may suffer or incur by reason of your default.
10. Ownership and Risk
10.1. Notwithstanding the provisions of this agreement you shall be at liberty before the expiry of 7 days after notification to you that the goods are available for delivery to arrange for a finance company to purchase the goods from us at the price payable hereunder. Upon the purchase of the goods by such finance company, the preceding clauses of this agreement shall cease to have effect save in relation to any used vehicle for which an allowance was thereunder agreed to be made to you shall be bought by us at a price equal to such allowance upon the conditions set forth in clause 8 above (save that in 8.1.3, and 8.1.4 all references to "delivery or delivered" in relation to the goods shall be construed as meaning delivery or delivered by us to or to the order of the finance company) and we shall be accountable to the finance company on your behalf for the said price and any deposit paid by you` under this agreement.
10.2. We shall remain the full and absolute owner of the goods until such time as your total indebtedness to us (whether due under this contract and whether paid in money or money and ownership of a vehicle which is free from encumbrances if part exchange has been agreed) shall have been paid to us by you in full.
10.3. Goods subject to any agreement by us to sell shall be at your risk as soon as they are delivered or handed over to you or otherwise to your order.
10.4. Your right to possession of the goods whilst monies remain due from you to us shall cease at whichever is the earliest of the following dates:
10.4.1. You, (being a company) making any voluntary arrangement with its creditors, or an application is made or a person becomes entitled to appoint an administrator, administrative receiver or receiver or goes into liquidation (other than for an amalgamation or reconstruction) or (being an individual ) becomes bankrupt; or
10.4.2. An encumbrancer taking possession of or a receiver being appointed over any of your property or assets; or
10.4.3. You cease, or threaten to cease, to carry on business or are unable to pay your debts as they fall due; or
10.4.4. We, reasonably apprehend that any of the events mentioned above is about to occur to you and notify you accordingly; or
10.4.5. You take any similar action in consequence of debt.
10.5. You shall not apply to the Court for the appointment of an administrator without giving 14 days’ notice to us. From the date of the said notice, you shall not be entitled to remain in possession of any of our goods. The appointment of an administrator, without the aforesaid notice shall be deemed to be a fundamental breach of contract by you.
10.6. While we remain the owner of the vehicle:
10.6.1. (unless you are situated in Northern Ireland) we may for the purpose of collecting our goods enter upon the premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
10.6.2. you shall be at liberty to hire out or otherwise deal with our goods but you may only do so as our agent and bailee in law and in equity. Any proceeds or monies received will be held on the same terms that apply for the holding of sale proceeds under clause 10.6.4;
10.6.3. if a receiver is appointed to you and at the time thereof you shall not have received the proceeds of sale, you or the receiver, as agent for you shall assign to us within 7 days all rights against the person or persons to whom the goods have been sold or to whom any interest in the goods has been granted;
Clause 10.6.4 applies to Business Customers only
10.6.4. you shall be at liberty to sell our goods at any price not less than the price agreed between us and you. If you sell on your own account you shall sell as our agent and bailee in law and in equity and shall hold the proceeds thereof in trust for us and shall not mingle the proceeds with other monies and shall not pay the cheque or cash therefore into an overdrawn bank account. You shall open a fiduciary account with your banker and advise them that you hold the entire proceeds of sale to a sub-Buyer as our trustee and that not until the payment to us of your total indebtedness to us shall you be entitled to transfer any profits thereof to any other accounts. We shall be entitled to transfer any profits thereof to any other accounts. We shall be entitled to any interest earned on the fiduciary account.
11.1. Subject to clause 11.2, if you have chosen to use a subcontractor to supply goods and/or services in connection with this order, then we do not make or give any representation, condition or warranty about the quality, fitness or correspondence with description of such goods and services and all such representations, conditions and warranties whether express or implied by law are excluded; and no liability except for death or personal injury resulting from the negligence on our part will attach to us in contract or tort for loss, injury or damage sustained by reason of any defect in the goods or services provided by the sub-contractor whether latent or apparent and however caused.
Clause 11.2 apply to Consumer contracts only
11.2. If we contract with a subcontractor on your behalf or directly engage a subcontractor in connection with this order then we will exercise reasonable skill and care in the selection of sub-contractors will accept liability for the Repair and Servicing Work carried out by, and any materials or Parts supplied by, such sub-contractors.
The whole of clause 12 applies to Consumers only
12. Distance Sales
12.1. If you are contracting with us as a Consumer online or by phone and do not visit our dealership at any point during the transaction process, or your contract with us is concluded or substantially negotiated at your home or somewhere other than our dealership, you have the right to cancel (under the Consumer Contracts Regulations 2013), all or part of your contract at any time up to 14 calendar days after the day on which you receive the vehicle you ordered.
12.2. Your right to return vehicles under this clause 12 does not apply to vehicles made to your specification, that is, where modifications have been made to the vehicle at your request which occur after the vehicle leave the manufacturer’s factory.
12.3. If you wish to exercise your right of cancellation this clause 12, you are obliged to retain possession of the vehicle and take reasonable care of them until collection/return to us. We will not be obliged to refund the purchase price of any Vehicles damaged by you, but may at our election offer to refund the purchase price subject to a deduction for the damage sustained.
12.4. You can cancel by email: firstname.lastname@example.org , or call 01708 893981, or write to: Customer Care, Ford Retail Limited, 2 Charter Court, Newcomen Way, Colchester, Essex, CO4 9YA You must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. A model form is available to assist with the notification process here Distance_sales_cancellation_form. If the vehicle has been funded by a finance provider, you should ensure that you also give notice to that third party funder to cancel the finance arrangements.
12.5. If you decide to cancel in accordance with this clause 12, you should return the vehicle to us at one of our dealerships at your own cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to vehicles to which cancellation rights apply. Alternatively if you wish us to collect the vehicle, we will do so subject to payment of an agreed collection fee. We will reimburse delivery charges made (if any).
12.6. We may make a deduction from the reimbursement for loss in value of any vehicles supplied, based on any additional mileage on the vehicle after receipt. We will make the reimbursement no later than 14 days after the day we receive back from you any vehicles supplied or, if earlier, the date you supply evidence to us that you have sent the vehicle, together with all keys and documentation, back to us. Refunds will be made by cheque or direct bank transfer to the same account as the purchase price was paid from. Refunds will not be paid in cash. If you direct us to settle your finance (if applicable) on the vehicle, we will refund the required sum (providing the refund is sufficient for this purpose) and return to you any surplus funds.
12.7. If you exercise your right to cancel the vehicle within the 14 day period, and have sold a used vehicle to us as part exchange for the vehicle, we may at our discretion either refund the sum attributed to the part exchange vehicle at the time the agreement was entered into, or return the part exchange vehicle to you, if it remains available. Where the part exchange vehicle has been subject to repairs by us, you will be required to pay to us the cost of the repairs if you wish to retain the part exchange vehicle.
12.8. If you have sold us a used vehicle as part exchange on an acquisition made online or by phone and the part exchange vehicle upon delivery or collection is not as described we may either revalue the vehicle and proceed with the sale based upon the revised valuation, or refund any deposit paid less any reasonable costs we have incurred. If the vehicle you are purchasing is not as described we will give you back your deposit plus any costs you have incurred.
13.1. Any notice required or permitted to be given by one of the parties to the other under these Conditions shall be in writing and shall be delivered by hand or sent recorded delivery post to the address of the addressee set out in this Agreement or to such address that the addressee may have from time to time notified for the purposes of this clause. Notices may not be validly served by electronic mail.
13.2. The Seller may at any time, without limiting any other rights and remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
13.3. The headings in these conditions are for convenience only and shall not affect their interpretation.
13.4. No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.
13.5. If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts or the provision shall continue to full force and effect.
13.6. These terms are governed by English Law and the parties agree to the exclusive jurisdiction of the English courts.
13.7. A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.8. In the event a financial services complaint cannot be settled between us you may refer to the Financial Ombudsman Service; this service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9123 or you can visit their website at www.financial-ombudsman.org.uk or email them at email@example.com; alternatively you can write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
13.9. Whilst acting as a consumer, if a non-financial services related dispute arises that cannot be resolved between us within a reasonable timescale, you may refer the dispute to the free independent Advisory and Conciliation Service operated by The Motor Ombudsman, the government-backed, self-regulatory body for the motor industry. Ford Retail Ltd are willing to engage with this type of dispute resolution. For details of this service you can call the dedicated Code Advisory and Conciliation Service Consumer Advice Line on 0345 241 3008, submit an enquiry or complaint via the website www.themotorombudsman.org or write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN.
Clause 13.10 applies to Business Customers only
13.10. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (a "Force Majeure Event"). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 14 days' written notice to the affected party.