Terms & conditions for the sale of new and used vehicles and goods
DEPOSIT
The deposit referred to on the T C Harrison JCB Vehicle Order Form having been paid upon acceptance of the order. The balance payable is to be paid prior to delivery and a cheque given by the Buyer in payment shall not be treated as a discharge until the same has been cleared.
PRICE
- In the event of variations in the manufacturer's price of a new vehicle between the date of its order and delivery, the Seller will, at his option, invoice the Vehicle to the Buyer at the manufacturer's price ruling on the date of delivery.
- In the event of variations in the rates of value added tax and/or road fund tax between the date of the order and delivery, the Buyer will be invoiced on delivery at the rate of tax applicable on that date.
CANCELLATION
In the case of a new Vehicle in the event of the manufacturer of the Vehicle ceasing to make goods of that type and specification then (whether the estimated delivery date has passed or not) the Seller may at any time by notice in writing to the Buyer cancel the contract.
DELIVERY
Delivery of the Vehicle and other articles ordered by the Buyer (in these Terms and Conditions together called ''the Vehicle) is to be taken at the Seller's place of business within seven days of notification to the Buyer that the Vehicle is ready for delivery. The Vehicle will remain the property of the Seller until actual delivery and full payments are made of all amounts owing to the Seller together with delivery of the used Vehicle (if any) offered by the Buyer in part exchange. Until such time as the property in the Vehicle passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Vehicle and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the vehicle is stored to repossess it. Risk of damage to or loss of the Vehicle shall pass to the Buyer upon delivery of the vehicle or payment in full for the Vehicle whichever is the sooner.
DELAY IN DELIVERY
The Seller will use all reasonable endeavours to secure delivery of the Vehicle on the desired delivery date or dates but shall be under no liability whatsoever for any loss of whatever nature occasioned by delay in delivery arising out of any cause whatsoever.
FORFEITURE OF DEPOSIT
If the Buyer shall fail to take and pay for the Vehicle within seven days of notification as aforesaid the Seller shall be at liberty to treat the contract as repudiated by the Buyer and thereupon the said deposit shall be forfeited and retained by the Seller without prejudice to the Seller's right to recover from the Buyer by way of damages any loss or expense which the Seller may suffer or incur by reason of the Buyer's default and the Seller shall be entitled to dispose of the Vehicle as it shall think fit and shall not be under any liability to account to the Buyer for the price received therefore or for the said deposit or otherwise.
INTEREST
The Seller shall be entitled to charge interest on all overdue amounts at the rate of 4% above the base rate of The Royal Bank of Scotland Plc from time to time until full payment is made.
WARRANTY
Save as expressly provided in these terms and conditions or otherwise specifically agreed in writing between the parties and except in the case of consumer sales (as defined in the Sale of Goods Act 1979) or in respect of death or personal injury caused by the Seller's negligence the Seller shall not be liable to the Buyer and all warranties conditions or other terms implied by statute or common law as to the quality of the Vehicle or its fitness for purpose are hereby excluded to the fullest extent permitted by law. Where the vehicle is sold under a consumer sale the statutory rights of the Buyers are not affected by these terms and conditions. In the case of a new Vehicle the Seller will endeavour to obtain from the manufacturer of the Vehicle for the benefit of the Buyer any warranty or guarantee given by it to the Seller.
TRADING IN
Where the Seller agrees to allow part of the price of the Vehicle to be paid by the Buyer delivering a used vehicle to the Seller such used vehicle shall be delivered and accepted upon condition that after examination by the Seller it shall be delivered in the same condition as when so examined and that the recorded mileage/hours worked is correct and either:
- That the used vehicle for which the Buyer receives such allowance is his property absolutely and not the subject of any hire or hire purchase of any similar agreement; or
- That where the used vehicle is declared by the Buyer to be the subject of a hire or a hire purchase agreement or any similar agreement the Seller shall be entitled to make any such payment to the hire purchase company or any other relevant company as will with the consent of that company finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
If these conditions are not complied with the Seller shall not be bound to accept the used vehicle or give any allowance in respect thereof.
ARBITRATION
Any difference or dispute which may arise between the Buyer and the Seller in connection with the contract made between them on these terms in connections shall be referred to a single arbitrator to be agreed between them or appointed (if they cannot agree within 14 days) by the President for the time being of the Law Society on the application of either party and the decision of such arbitrator shall be final and binding on the parties.
NOTICES
Any notice given hereunder may be served personally or be left at the residence or place of business of the person to whom it is addressed or may be sent by post in which case notice shall be deemed to have been received in due course of post.
NO VARIATION
Members of the staff of the Seller are not the agents of the Seller and have no authority to change or alter the terms and conditions under which the Vehicle is sold nor to assume any additional obligations on behalf of the Seller. Any alteration to these terms and conditions will only be binding on the Seller if they are accepted by a Director of the Seller and shown on the face of this agreement and signed by such Director.
EXTENT OF CONDITIONS
The forgoing terms and conditions supersede and exclude all general or special terms and conditions imposed or sought to be imposed by the Buyer at any time relating to this agreement.
FAIR COLLECTION OF PERSONAL DATA
The Seller may use any information collected to inform the Buyer about new products and services and to inform the Buyer how the Seller and JCB serve the Buyer. If the Buyer is an individual the Buyer's data will be treated in accordance with European legal provisions and the Buyer's information will only be disclosed to JCB and its affiliated or associated companies, agencies, dealers or companies providing services for the benefit of the Buyer. If the Buyer is an individual and wishes to view, update or rectify the data voluntarily given to the Seller the Buyer should contact the Seller's Sales Manager. If the Buyer does not wish to be kept informed of new products, services and promotions the Buyer should tick the appropriate box on the order.
