Nottingham  City  Motors (NCM)

These Terms and Conditions (“Terms”) will apply to any reservation of a vehicle you make with us over the telephone or on our website. Please read these Terms carefully and make sure that you understand them before making your reservation.

 

Please note that before making a reservation you will be asked to agree to these Terms, if you refuse, you will not be able to reserve a vehicle over the telephone or the website.

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These Terms relate to the reservation of a vehicle only and no obligation to purchase or sell the Vehicle is created by entering into a Contract based on them.

 

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 book a vehicle reservation over the telephone or on our website you are asking us to reserve a specific vehicle as described in your request over the telephone or on our website in exchange for a deposit, subject to these Terms.

 

2.2 If we accept your reservation, this does not constitute an acceptance of your reservation. Only when we confirm by email that we accept your reservation after we have received your deposit in cleared funds for the vehicle is the reservation accepted.

 

2.3 These Terms shall become binding on you when you pay the deposit in cleared funds and we confirm that we have accepted your reservation, at which point a “Contract” shall come into existence between you and NCM.

 

2.4 Any reservation you request is subject to acceptance by us. We may choose not to accept a reservation 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 reserve a vehicle, you are required to pay a deposit of £300 (the “Deposit”). We will not reserve the vehicle until we have received the 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 we will refund you the deposit by bank transfer or cash within 5 days of you informing us of your decision not to purchase.

 

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

 

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4. Reservations.

 

4.1 We will reserve the vehicle for you for 48 hours unless you cancel the reservation sooner, at which point we will refund you the deposit within 5 days.

 

4.2 You must inspect the vehicle at a location agreed by both parties, if a suitable place cannot be agreed upon then the vehicle must be viewed at NCM offices, during the hours and on the days for which we are open for normal business, provided that you have given us notice of your intention to do so 2 hours in advance by telephone.

 

4.3 If you do not inspect the Vehicle on or before the 48 hours we will contact you to confirm whether you wish to arrange a new date (within 24 hours) to inspect the vehicle. If you do not respond will cancel the reservation and refund you £290 of the deposit and we will retain £10 as administration fee.

 

4.4 Once we have accepted your reservation in accordance with Condition 2.4 above, the vehicle will still be displayed on our website and at our location or used in any demonstration or test-drive before the Inspection time & date.

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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 reserving the vehicle it does not create Contract between NCM and you, it is not a contract for the sale of the vehicle or an offer to sell you the vehicle at a specific price. You are not obliged to purchase the vehicle and we are not obliged to accept any offer you make to purchase the vehicle.

 

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5. Cancelling a Reservation.

 

5.1 To cancel a reservation, you must let us know that you have decided to cancel. You can do so by email, telephone or in person at NCM location.

 

5.2 If you cancel the reservation we will refund you the deposit, minus £10 for administration fee. The balance will be credited to you by cash or bank transfer, this will be done within 5 days from the day you cancelled.

 

5.3 We may cancel the reservation 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 your reserving 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 reserved 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 Reserved Vehicle.

 

8.1 We reserve all vehicles by their 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.