Nottingham  City  Motors (NCM)

These Terms and Conditions (“Terms”) will apply to any deposit for a vehicle you leave with us after viewing the vehicle. Please read these Terms carefully and make sure that you understand them before leaving a deposit.

 

Please note that before leaving a deposit you will be asked to agree to these Terms & Condition, if you refuse, you will not be able to leave a deposit on a vehicle.

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These Terms & Condition relate to the purchase of a vehicle and an obligation to purchase (you) & sell (NCM) the vehicle is created by entering into a Contract based on you signing the deposit agreement, leaving a deposit and signing a copy of these Terms & Condition.

 

For the purpose of this document Nottingham City Motors will be referred to as “NCM” “us” “we” “our”. You will be referred to as you or your,

 

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1. Business Information.

 

1.1 Nottingham City Motors, our office is at City Yard, Newcastle Street, Nottingham.

 

1.2 We manage and operate our website: www.nottinghamcitymotors.com (“the site”).

 

1.4 Contact telephone numbers are: Office - 0115 875 4095, Mobile – 07855 469300, Email - nottmcitymotors@hotmail.com.

 

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2. Contract Relationship.

 

2.1 When you or your Representative view and test drive a vehicle and leave a deposit for that vehicle, you are requesting that you want to purchase a specific vehicle as seen and driven by you (or your representative) in exchange for a deposit, subject to these Terms.

 

2.2 If we accept your request to purchase. Only when you have paid the deposit in cleared funds, sign the deposit agreement and a copy of these Terms & Condition is the requested accepted.

 

2.3 These Terms shall become binding on you when you sign the deposit agreement and a copy of the Terms & Conditions and we receive the deposit in cleared funds and we confirm that we have accepted your request to purchase, at which point a “Contract” shall come into existence between you and NCM.

 

2.4 Any request to purchase is subject to acceptance by us. We reserve the right not to accept a request for any reason and will not be liable to you or anyone else in those circumstances.

 

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3. The Deposit.

 

3.1 In order to purchase a vehicle, you are required to pay a deposit of £100 (the “Deposit”) or the full amount. We will not reserve the vehicle for you to purchase until we have received your deposit in cleared funds.

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3.2 The deposit can be paid by bank transfer, debit or credit card or PayPal.

 

3.3 If you decide not to purchase the vehicle you will lose 50% (£50) of your deposit.

 

3.4 If you decide to purchase the vehicle, you agree that the deposit will be used as part payment towards the purchase price of the vehicle.

 

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4. Reservations.

 

4.1 We will hold the vehicle for you for you for a period of time agreed by us and you but no longer than 5 days, or unless you cancel the purchase sooner, at which point we will refund you 50% (£50) of the deposit within 2 days.

 

4.4 Once we have accepted your request to purchase in accordance with Condition 2.4 above, the vehicle will not be for sale and will be removed from our website and all other website which it might be advertised on.

 

4.5 The images on our website are for illustrative purposes only. Although we have made every effort to ensure the images are an accurate representation of the vehicle, we cannot guarantee that your computer's display accurately reflects the appearance of the vehicle.

 

4.6 By leaving a deposit on the vehicle it create a Contract between NCM and you, the deposit receipt is a contract for the sale / purchase of the vehicle at the agreed price. You are obliged to purchase the vehicle and we are obliged to sell you the vehicle.

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5. Cancelling the Purchase.

 

5.1 To cancel the purchase of the vehicle, you must let us know that you have decided to cancel as son as possible. You can do so by email, telephone or in person at NCM location.

 

5.2 If you cancel the purchase we will refund you the deposit, minus £50 in accordance with Condition 4.1. The balance will be credited to you by cash or bank transfer, this will be done within 2 days from the day you cancelled.

 

5.3 We may cancel the purchase for any reason, including but not limited to circumstances where;

 

(a) we have reason to believe you do not intend to or are unable to purchase the vehicle or;

 

(b) we believe that the vehicle will not be suitable for sale for whatever reason.

 

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6. Our Liability.

 

6.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

 

6.2 You agree that the vehicle you are placing a deposit for is not for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

6.3 If the vehicle is for commercial, business or resale purposes, you agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of our terms of business, the process or delay in completing the transaction.

 

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7. Events Outside of Our Control (Force Majeure).

 

7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event or events which is beyond our reasonable control (“Event Outside Our Control”).

 

7.2 If an event outside our control takes place that affects the performance of our obligations under a Contract:

 

(a) we will contact you as soon as reasonably possible to notify you.

 

(b) our obligations under a Contract will be suspended and the time for the performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects your collection of the vehicle, we will arrange a new collection date with you after the event is over.

 

7.3 You may cancel a Contract affected by event/s outside our control which has continued for more than 5 days. If you chose to cancel, let us know in writing and we will refund any part of the price in full which you have already paid.

 

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8.The Purchased Vehicle.

 

8.1 The deposit you place for a vehicle is identified by it's make, model and registration.

 

8.2 The images of the vehicle on our website are for illustrative purposes only and although we have made every effort to display the vehicle accurately, we cannot guarantee that your computer's display accurately reflects the appearance of the Vehicle.

 

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9. Other Important Terms.

 

9.1 These Terms (and any documents we expressly refer to within them) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.

 

9.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms (and any documents we expressly refer to within them).

 

9.3 NCM and you agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

 

9.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

9.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

9.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

9.7 Please note that these Terms are governed by English law. This means the Contract and any dispute or claim arising out of or in connection with it will be governed by English law. NCM and you agree that the courts of England and Wales will have exclusive jurisdiction.

 

These Terms, and any Contract between us, are only valid in the English language.