Nottingham City Motors (NCM)
A COMMUNITY ORGANISATION DEDICATED TO HELPING YOUNG PEOPLE
VEHICLE SALES
TERMS & CONDITIONS
These Terms and Conditions of Sale (“Terms”) will apply to any contract between Nottingham City Motors and the buyer for the sale of a Vehicle as defined at Condition 2.2 (“Contract”).
Please read these Terms carefully and make sure that you understand them before you purchase a vehicle from us. Please note that before the sale is complete you will be asked to agree and accept these Terms. If you refuse to accept these Terms, you will not be able to purchase a vehicle from us.
For the purpose of this document Nottingham City Motors will be referred to as “NCM” “us” “we” or “our”. The customer will be referred to as “you” or “your”,
1. Business Information.
1.1 Nottingham City Motors, our office is located at City Yard, Newcastle Street, Nottingham.
1.2 We manage and operate our website: www.nottinghamcitymotors.com (“the site”).
1.3 Contact telephone numbers are: Office - 0115 875 4095, Mobile – 07855 469300, Email - nottmcitymotors@hotmail.com.
2. Contract Relationship.
2.1 When you inspect a vehicle and make an offer to purchase it (“the vehicle”) for the agreed price, you are placing an “Order” with us for the purchase of the vehicle, which is subject to these Terms & Conditions, except in Condition 3.
2.2 We will confirm in writing that we accept your offer / order (“Offer Confirmation”).
2.3 These Terms and Conditions will become binding when you place a deposit for a vehicle and we confirm in writing that we have accepted your offer / order and received your deposit, at which point a “Contract” shall come into existence between you and us.
2.4 If we are unable to provide the vehicle because of a fault or defect which we have identified or because we have identified it will not meet any specific requirement such as those described in Condition 8.1 which you have given us, we will inform you of this and you can cancel the order. If you have paid a deposit or paid for the vehicle in full, we will refund you the full amount which you have paid.
3. Sourced Vehicles (buyer).
3.1 If you use our ‘Buyer’ Sourcing Service then you agree and accept that the vehicle will be purchased and paid for by you and that you are not a customer of NCM and therefore are not subject to these Terms and Conditions.
3.2 You accept and agree that there will be no order placed by you or Contract between you and NCM in relation to the supplying or selling of a vehicle or vehicles to you.
3.3 You accept and agree that your consumer rights under the Consumer Rights Protection 1987 & Consumer Rights Act of 2015 cannot be breached as regards to the supply of goods.
3.4 If you use any other service provided by NCM after you have paid for the Sourced vehicle, it is agreed and accepted that this will not form a Contract between the two parties in relation to the supplying of that vehicle.
4. Purchase Price & Additional Charges.
4.1 The price of the vehicle will be the agreed price as confirmed in writing on the Offer / Order Confirmation.
4.2 After your offer / order has been accepted, you will need to pay a deposit of £100 or other amounts as agreed by you and us, we cannot process your order until we have received the deposit in cleared funds. The deposit can be paid by cash, bank transfer, PayPal, debit or credit card.
4.3 Where applicable and noted on the Order, the price includes a deposit of £100 or any other amount as agreed by you and us (“the Deposit”) but does not include any other costs, unless you have asked for and we have agreed to provide other services in relation to the vehicle.
4.4 Prior to collection or delivery (or at the point of collection), you will have the option to pay for vehicle tax with the Driver and Vehicle Licensing Agency (DVLA). We can do this on your behalf and the cost added to the final amount.
4.5 If you decide not to purchase the vehicle or the Contract is cancelled for any reason and where you have paid a deposit, we will refund you the deposit by cash or bank transfer within 5 days of you informing us of your decision.
5. Payment.
5.1 Full payment for the vehicle must be made prior to collection / delivery or on collection by cash, bank transfer, PayPal, debit / credit card or by finance agreement, or by a combination of the various different ways.
5.2 Where we have agreed in advance, you may pay part or all of the price by providing us with another vehicle as a part-exchange. Please see Condition 6.
5.3 If you do not make full payment to us by the agreed / due date, we may:
(a) not allow you to collect the vehicle until we have received full payment for the vehicle in cleared funds and charge you for storage and insurance in accordance with Condition 7.5.
(b) charge you interest on the price at the rate of 3% above the base lending rate of the Bank of England at the time. Where we charge you interest this shall accrue on a daily basis from the agreed / due date until the date of actual payment of the overdue amount.
(c) terminate the Contract to sell you the vehicle immediately in accordance with Condition 12 by giving you 48 hours written notice.
6. Part-Exchange.
6.1 You must notify us in advance if you have a vehicle you want to us a part-exchange (“Part Exchange Vehicle”) and provide us with any information regarding the part-exchange vehicle which we may request, and bring the part-exchange vehicle to us at a time which is convenient to us in order for us to examine it.
6.2 If we agree to consider a part-exchange vehicle, we will examine it and provide you with a trade valuation. We are not obliged to provide a part-exchange option when selling the vehicle and our decision to examine and value your part-exchange vehicle, including the valuation we give, is solely at our discretion.
6.3 If we are willing to accept a part-exchange vehicle as part of the price we will provide you with a valuation for the part-exchange vehicle.
6.4 You have no obligation to accept any part-exchange valuation we provide and can change your mind about a part-exchange at any point before the sale is completed.
6.5 If you wish to accept the valuation we have provided for your part-exchange vehicle we will deduct the amount from the overall price of the vehicle you are purchasing.
6.6 Unless you have notified us that you will not be part-exchanging the vehicle, you will not be able to collect the vehicle until you have delivered the part-exchange vehicle to us and we have confirmed that it is in the same condition as it was when we provided the original valuation.
6.7 For the avoidance of doubt we are entitled to reject a part-exchange vehicle which is delivered to us for any reason, including but not limited to circumstances where:
(a) the condition of the part-exchange vehicle has changed since we provided the valuation or the condition of the vehicle is not as stated in the description given by you;
(b) there is a discrepancy in the recorded mileage of the vehicle.
(c) the part-exchange vehicle has been subject to a total loss claim.
(d) any other issue is identified by a HPI check or equivalent vehicle history check on the vehicle.
(e) the part-exchange vehicle is not your property to dispose of or you do not have the right to sell it or it is recorded as being a finance vehicle.
(f) the V5 registration documentation for the part-exchange vehicle is missing, incomplete or is not in your name.
6.8 In the event that we reject a vehicle in accordance with Condition 6.7 above we are entitled to:
(a) payment of the outstanding amount by another means.
(b) provide a new valuation in relation to the part-exchange vehicle.
6.9 When delivering a part exchange vehicle to us you must provide the following if appropriate:
(a) the V5 registration documentation in your name and any associated documentation (such as service books etc) for the vehicle;
(b) all sets of keys for the vehicle.
(c) any other documentation or items associated with the vehicle as agreed previously.
(d) locking wheel nut.
We reserve the right to reduce the valuation or refuse the part-exchange vehicle as part payment.
7. Collection / Delivery.
7.1 The vehicle will be available for collection or delivery on a date and time agreed by both parties.
7.2 The vehicle will be available for delivery or collection after the full payment in cleared funds has been received by us including finance agreement or any part-exchange.
7.3 Prior to collection or delivery (or at the point of collection), the vehicle will be transferred into the name and address of your choice and you will receive the V5/2C (Green Slip).
7.4 If you do not take possession of the vehicle on the agreed date without agreement from us then we may add extra charges in accordance with Condition 5.3a.
7.5 if you do not take possession of the vehicle on the agreed date without giving reasonable notice and arranging an alternative date then we shall be entitled to charge for storage, insurance and any other costs relating to the management of the vehicle. We shall also be entitled to terminate the Contract of sale with you in accordance with Condition 12.1 by giving you 48 hours written notice of our intention to do so.
8. Your Obligations.
8.1 By entering into the Contract with us you agree that you will co-operate with us and provide us with any information we may request in order to perform our obligations under the Contract.
8.2 You are responsible for ensuring that the vehicle is insured and taxed from the point at which ownership passes to you.
9. The Vehicle.
9.1 the vehicle shall be the vehicle advertised in its current condition, including mileage and with all advertised information provided such as relevant documents and agreed accessories for the vehicle, it shall also include any instructions from you and agreed by us, to undertake / provide other services for the vehicle.
9.2 All known information about the vehicle at the time of sale will be disclosed to you.
9.3 The images of the vehicle on our website are for illustrative purposes only. Although we have made every effort to display the vehicle accurately, we cannot guarantee that a device's display accurately reflects the appearance of the vehicle.
9.4 Some vehicles are provided with the manufacturer’s guarantee / warranty to the extent that this is still valid and has not expired from new. We offer additional warranty products at extra cost, if you require this please ask for details before the Contract is signed.
9.5 Where you purchase an additional warranty or guarantee product, nothing implied by us relating to the product shall form part of the warrant or guarantee, we do not offer any warranty or guarantee other than as stated in the product, these Terms or implied by law.
10. Your Rights of Cancellation, Return and Refund.
10.1 You can cancel the Contract to purchase a vehicle from us at any point before you collect the vehicle by contacting us in the ways set out in Condition 12.
10.2 Where you decide to cancel the Contract we will refund you any part of the price which you have already paid by bank transfer or cheque. We will be entitled to deduct £30 from the refund to cover the cost of administration.
10.3 As a consumer, you also have legal rights in relation to a vehicle that is faulty, not of satisfactory quality or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
10.4 If you wish to exercise your legal rights you should contact us in the ways set out in Condition 14 and, where requested by us, you must return the vehicle to us at your own cost.
10.5 If you exercise your legal right to reject the vehicle and ask for a refund we will:
(a) refund you the price you paid for the vehicle. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Vehicle and change in condition of the vehicle, including mileage.
(b) make any refund due to you as soon as possible and in any event within 5 days after the day on which you return the Vehicle to us.
11. Our liability To Customers.
11.1 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.
11.2 We only supply the vehicle for domestic and private use. You agree that you are a private buyer and that the vehicle is not being purchased to use for any commercial, business or resale purposes, and that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you later decided to do so.
12. Termination and Consequences.
12.1 Without prejudice to any other remedies or rights under the Contract or otherwise, we may terminate the Contract with you at any time by giving you written notice if you:
(a) commit a material breach of any of the Terms, which shall include non payment of the total price, failure to collect the vehicle on the agreed date and (if such breach is remediable), failure to remedy the breach within such time period deemed appropriate by us at the time, of being notified in writing.
12.2 Upon termination of the Contract for any reason:
(a) if you have made full payment for the vehicle we will deduct £30 for administration costs and refund you the balance.
(b) if you have not made full payment we may take possession of the vehicle and refund you the deposit and any other part of the price which you have paid including any part-exchange vehicle. We will be entitled to deduct £30 from the refund to cover the cost of administration
12.3 For the avoidance of doubt, where we take possession of the vehicle as a result of our termination of the Contract or where you cancel the Contract we may display the vehicle for sale on our website or external websites or at our address of business and use it in any demonstration or test-drive, and sell the vehicle to another customer.
14. Dispute Resolution.
14.1 If you have any complaints, you can contact us by telephone, office: 0115 875 4069, mobile: 07855 469300 (leave a message if no answer) or by e-mailing us at nottmcitymotors@hotmail.com
15.Your Personal Data.
15.1 We will collect your personal data as part of our Contract with you. We only use your personal data in accordance with our Data Privacy Policy which is available on our website. Please ensure you read the Data Privacy Policy as it includes important information which will apply to you as a customer or client.
16. Events Outside of Our Control (Force Majeure).
16.1 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”).
16.2 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.
16.3 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.
17. Updating These Terms.
17.1 We reserve the right to amend these Terms from time to time. The Terms in force at the time of your order will apply to the Contract between you and us at that time
17.2 We may revise these Terms as they apply to your purchase from time to time to reflect any changes in relevant laws and regulatory requirements.
17.3 If we have to revise these Terms as they apply to your purchase we will contact you to give you reasonable advance notice of the changes and inform you how to cancel the Contract if you do not accept the changes. If you opt to cancel, we will refund any part of the price in full which you have already paid.
18. Other Important Terms.
18.4 This Contract is between NCM and you as our customer or client. 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.
18.5 Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
18.6 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.
18.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of a Vehicle and any dispute or claim arising out of or in connection with it will be governed by English law. Both parties agree that the courts of England and Wales will have exclusive jurisdiction.