Used Vehicle Sales Cars Terms and Conditions
1. These terms and conditions form the entire agreement between the Dealer and the Customer. Any other terms or conditions are excluded to the maximum extent permitted by law. This does not affect a consumer’s statutory rights. For further information about your statutory rights contact your local authority Trading Standards Department or a Citizens’ Advice Bureau.
2. Any order and any allowance in respect of a motor vehicle offered in part exchange by the Customer is subject to written acceptance by the Dealer.
3. Any Person who is not party to the contract may not in their own right enforce any terms of the contract provided that this clause shall not affect any right of any person to whom this contract is lawfully assigned.
4. The Customer must take and pay for the goods within 7 days of being notified that they are available. If the Customer fails to do so then the Dealer will be entitled to keep the deposit and recover damages for all resulting loss (including loss of profit), costs (including labour and materials at usual retail rate), charges and expenses.
5. The Dealer will retain ownership of the goods until they have been paid for. Responsibility for looking after the goods becomes the customer’s responsibility on delivery or payment, whichever is the sooner.
6. Any estimated date quoted for delivery of the goods is only approximate. The Dealer shall not be liable for delay or failure in delivery of the goods which is beyond its control.
7. If the Dealer fails to deliver the goods within 28 days of the estimated date of delivery stated in this contract the Customer may by notice in writing to the Dealer, require delivery of the goods within 10 days of receipt of such notice. If the goods are not delivered to the Customer within the 10 days, the contract shall be cancelled. If the contract is cancelled any deposit paid shall be returned and the Dealer shall be under no further liability.
8. Any agreement for the Dealer to purchase a vehicle or other goods in part exchange is subject to the following;
a. The part exchange goods must be the sole property of the Customer, and the Customer must be entitled to sell them.
b. The part exchange goods must be delivered in the same condition and with the same features, as when they were examined by the Dealer.
c. The V5 for the Part exchange must be present – a £50.00 fee for replacement will be charged if the V5 cannot be produced.
9. If these conditions are not met, the Dealer will not accept the Customers used motor vehicle and the Customer will pay the full price for the vehicle ordered.
10. If delivery of the goods is delayed through no fault of the Dealer, they will deduct an amount for depreciation of the part exchange goods. This amount will not exceed 5.0% of the agreed value of the part exchange goods for each complete 30-day period.
11. It is the customer’s responsibility to return the vehicle to the Dealer for repair or in relation to the exercising of any statutory right. This must be returned to the business address as per Invoice.
12. Other than where the customer is entitled to exercise a short term right to reject, the Dealer shall be entitled to make a deduction for use of 45p per mile. This is in addition to any charge the Dealer may make for damage to the goods and any modifications to the goods. The Dealer shall be entitled to recover Valeting costs of £100.00+Vat per vehicle and an administrative fee of £115.00+Vat.
13. The Dealer will be entitled to charge £15+VAT per night in respect of uncollected goods.
14. All Retail sales vehicles come with a P McKenna Motors 3 month /3,000miles warranty. Whichever occurs the soonest is the expiry of the Dealer provided warranty. Terms and conditions and limitations of this warranty are as explained on the warranty document provided. This warranty does
not affect the consumers statutory rights.
15. P McKenna Motors warranty does not apply to situations / parts & /or labour where the customer has
A. failed to inform P McKenna Motors straight away when the defect has been discovered.
B. Caused further significant damage by continuing to drive the vehicle with discovered defect. It would be expected to be recovered with any potential harmful defects.
C. The vehicle has been part of or subjected to misuse, negligence, or accidental abuse.
D. The vehicle has been modified by other sources.
E. Instructions concerning the treatment,
maintenance and care of the vehicle has not been adhered to.
F. Where the defect was brought to the customers attention and the customer decided to proceed knowing of the defect.
16. All New car sales shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture. The Warranty period will be in accordance with each individual manufacturer’s terms and conditions and will be stated at time of sale. This will not affect the rights of consumers statutory rights.
17. In cases of Used vehicles, the Customer
acknowledges that the Goods are sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage, and mileage and subject to paintwork and/or bodywork repairs that may have been carried out to it.
DISTANCE SALES AND OFF-PREMISES SALES
18. If this Agreement has been completed either without any face-to-face contact between us and you (or anyone acting on your or our respective behalf) or away from our business premises, and in each such case you are also acting as a consumer, you may give us notice to cancel this Agreement
without giving any reason within the first 14days. Conditions apply as below.
19. This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods.
20. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to the dealership address stated on the Invoice.
21. Payments will be reimbursed no later than 14 days after the day on which we receive the Goods back.
22. We will make reimbursement using the same means of payment as you have used for the initial transaction (which may include returning anything accepted in part exchange), unless you have expressly agreed otherwise, but in any event, you will not incur any fees as a result of the reimbursement.
23. You must take reasonable care of the Goods and will be responsible for the Goods including any charges, penalties fines, loss or damage from when they are delivered to you until when they are returned to us. You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
24. Should you feel the need to raise a complaint we have a complaints procedure in place and a copy of that procedure can be forwarded on request by email or posted letter or collected from the office at
the Business premises.
25. This contract shall be governed by the laws of Northern Ireland and the parties shall submit to the jurisdiction of the Northern Irish Courts