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Terms & Conditions of Sale

TERMS AND CONDITIONS OF BUSINESS – ECONOMY HIRE (DORSET) LIMITED

1. INCORPORATION
Unless otherwise agreed in writing by ECONOMY HIRE (DORSET) LIMITED (“the Seller”) these Conditions apply to the order of a vehicle and any allowance for a part exchange vehicle shown overleaf which is accepted by the Seller
2. ORDERS
The Order shall not be accepted by and binding on the Seller unless it is in writing and signed by a duly authorised signatory of both parties.
3. DELIVERY AND RISK
3.I The Seller shall endeavour to notify the purchaser at least 7 days in advance of the estimated date of delivery (“the Estimated Date”) of the vehicle.
3.2 For the purposes of this Agreement delivery of the vehicle shall be at the Seller’s premises at 10 Parkside, Ringwood ready for collection by the Purchaser unless agreed otherwise (“Delivery”).
3.3 Risk in the vehicle shall pass to the Purchaser on Delivery whether or not the Seller has collected the vehicle.
3.4 Except in the case of a Specified Event as described in 3.5 below in the event that the vehicle in not available for Delivery by the Estimated Date the Seller shall notify the Purchaser accordingly, if the vehicle is not available for Delivery within 30 days of the Estimated Date the Purchaser may by written notice give the Seller 7 days to deliver the vehicle. If the vehicle is not made available for Delivery within 7 days the Order shall be cancelled.
3.5 For the purposes of this Condition 3.5 a Specified Event is:
  1. Act of God, explosion, flood, fire or accident; or
  2. War or threat of war. sabotage, insurrection or civil disturbance: or
  3. Import or export regulations or embargoes, strike, lock out or other form of action.
3.6 Save for the provisions of condition 3.4 if the Purchaser fails to collect the vehicle on the date of Delivery then:
  1. The Seller may give the Purchaser 7 days written notice to collect the vehicle. If the Purchaser fails to do so within such time the Seller shall treat the Order as repudiated by the Purchaser and the Seller shall retain the Deposit:
  2. The Purchaser shall pay interest at the rate of 3% per annum above Lloyds TSB Bank base rate for the time being on the Total Price from the Estimated Date or other date as notified by the Seller: and
  3. The retention of the Deposit by the Seller under Clause 3.6(a) shall be without prejudice to any claim the Seller may have against the Purchaser for damages for breach of contract.
4. DELIVERY DATES
4.1 The Seller undertakes to endeavour to deliver the vehicle on the Estimated Date but time of delivery shall not be of the essence.
4.2 The Seller shall not be liable for any loss or damage suffered by the Purchaser as a result of failure to deliver the vehicle on the Estimated Date or as a result of cancellation under Condition 3.4.
5. PAYMENT
5.1 Unless otherwise agreed in writing:
  1. Payment of the Deposit shall be due on acceptance of the Order by the Seller: and
  2. Payment of the Total Price less the Deposit paid shall be due by bankers draft, telegraphic transfer, switch, CHAPS transfer or by a cheque cleared by the banking system on or before Delivery.  Time of payment is of the essence.
5.2 The Purchaser shall also pay the Seller such sums relating to Car Tax as the Seller is legally bound to pay together with any sums due in respect of delivery charges (if applicable) at the date of Delivery.
5.3 In the event that the vehicle manufacturer alters the recommended retail price for the vehicle the Total Price shall be amended accordingly and subject to condition 5.4 the Purchaser shall pay the sums due.
5.4 In the event of an increase in the Total Price, the Seller shall notify the Purchaser of such increase and the Purchaser may cancel the Order within 14 days of receipt of such notice in writing to the Seller
5.5 Interest shall be payable by the Purchaser on any money which is not paid by it to the Seller under the Contract by the due date for its payment (the “Due Date for Payment”). Such interest shall accrue and be calculated on a daily basis, both before and after any judgement and until the date on which it is actually paid, at a rate equivalent to the rate prevailing at the Due Date for Payment as prescribed by the Secretary of State pursuant to section 6 of The Late Payment of Commercial Debts (Interest) Act 1998.  Interest shall be compounded quarterly and be payable on demand.
6.
6.1 Unless otherwise agreed in writing property in the vehicle shall not pass until payment has been received in full Receipt of a cheque shall not be treated as payment in full until such cheque has been cleared by the relevant bank.
6.2 Until payment in full the Purchaser shall:
  1. Hold the vehicle solely as bailee for the Seller:
  2. Not pledge or in any way charge the vehicle by way of security for any indebtedness.
6.3 The Purchasers right to possession of the vehicle shall cease:
  1. If payment for the vehicle becomes overdue in whole or in part: or
  2. If the Purchaser is declared bankrupt. becomes subject to an administrative order or makes a voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1966), goes into liquidation or does anything or fails to do anything which would entitle a receiver or administrative receiver to take possession of its assets, or is threatened with any analogous activity then the Seller may (without prejudice to any of its other rights) enter the premises where the vehicle is stored or thought to be stored to recover and re-sell the vehicle.
6 4 The Purchaser shall keep the vehicle insured to its full replacement value from the date of Delivery
7. NO SET OFF
The Purchaser shall not be entitled to withhold or set-off all or any part of payment for the vehicle for any reason whatsoever
8. PART EXCHANGE
8.1 Where the Seller agrees to accept another vehicle (“the Exchange Vehicle”) from the Purchaser to discharge part of the Purchasers liability in respect of the Total Price for the vehicle, it is agreed that property in the Exchange Vehicle shall pass to the Seller on the following terms
  1. The Exchange Vehicle shall be delivered to the Seller on or before Delivery. Property in the Exchange Vehicle will pass to the Seller on Delivery:
  2. The Exchange Vehicle shall be delivered complete (including all accessories) and in the same condition as when examined by or described to the Seller subject only to fine wear and tear. The Seller shall be the sole judge of whether the Exchange Vehicle is in the same condition and shall not be bound to accept the Exchange Vehicle unless it is satisfied.
  3. In the event that the Purchaser has misrepresented the Exchange Vehicle then the Seller may at its option (i)require the Purchaser to pay the agreed trade price for the Exchange Vehicle and upon payment of such sum it shall be returned to the Purchaser; or (ii) recover from the Purchaser such sum as the Seller judges to be the difference between the market value of the Exchange Vehicle and the price agreed.
8.2 In the event that any of the conditions in 8.1(a), 8.1(b) and 8.1(c) are not fulfilled then the Seller shall be entitled to refuse acceptance of the Exchange Vehicle or make an allowance in respect of it and the Purchaser shall pay the Total Price of the vehicle.
9. CANCELLATION AND DEPOSIT
9.1 Without prejudice to Condition 6 if the Purchaser becomes bankrupt or insolvent compounds or makes any arrangements with his Creditors or being a Company going into liquidation or has a Receiver or administrative receiver appointed of its assets, the Seller may declare the Order to be cancelled, keep the Deposit and resell the vehicle and any loss sustained on the resale in excess of the value of the Deposit shall be paid to the Seller by the Purchaser.
9.2 If the Contract is cancelled under Condition 5.4 the Deposit shall be returned to the Purchaser and the Seller shall be under no further liability to the Purchaser, either in respect of the vehicle to be purchased or any Exchange Vehicle.
9.3 Pursuant to the Consumer Protection (Distance Selling Regulations) 2000 in Respect of Orders made over the telephone or internet only the Purchaser has a right to cancel such Order in writing within 7 working days of the date of Delivery. If the Purchaser cancels the Order, the Purchaser shall be responsible for returning the vehicle to the Seller. The Order may only be cancelled and a refund due if the vehicle is returned in the same condition as it was on the date of Delivery. Any sums due to the Purchaser shall be reimbursed together with the Exchange Vehicle (or its cash equivalent) if it was used as part payment for the vehicle within 30 days of the Purchaser’s notice of cancellation. The Purchaser shall be responsible for the cost of delivering the vehicle to the Seller.
10. ASSIGNMENT
the Contract shall be personal to the Purchaser and no rights arising hereunder shall be assignable by the Purchaser without the express written consent of the Seller.
11. STORAGE CHARGES
The Seller will charge the Purchaser storage fees at the rate of £5 per day for each day the vehicle remains for any reason whatsoever on the Seller’s premises after the date of Delivery, together with appropriate fees in respect of insurance.
12. USED VEHICLE INSPECTION AND LIABILITY
This Condition 12 shall apply to the sale of a used vehicle (“the Used Vehicle”).
12.1 The Purchaser shall be entitled at his own expense to make such tests and inspection that are reasonable before delivery of the Used Vehicle (provided that in doing so he shall indemnify the Seller against any loss or damage caused to or in respect of the vehicle).
12.2 Without prejudice to the Purchasers statutory rights it is agreed that:
  1. No representation by the Seller its servant or agent shall be incorporated into the Order
  2. No implied Condition or warranty other than those implied by statue shall be incorporated into this Order
  3. The Purchaser confirms that he has relied on his own inspection and has not relied on any representation which may have been made by or on behalf of the Seller prior to the making of the Order
  4. The Purchaser buys the Used Vehicle in the condition in which he has seen and inspected it (or as is described if purchased remotely) and accepts the risk of fault in the Used Vehicle other than those expressly recorded in writing and those going to the satisfactory quality (except where there should have been revealed on inspection) or fitness for the Purchasers purpose of the Used Vehicle
12.3 The Seller in under no liability for loss of use or consequential loss howsoever arising out of any defect in the used Vehicle except liability arising in respect of personal injury or death caused by its own negligence.
13. NEW VEHICLE INSPECTION AND LIABILITY
This Condition shall apply if the vehicle to be supplied by the Seller is new (“the New Vehicle”)
13.1 The Purchaser shall be entitled at his own expense to make such tests and inspections as are reasonable before delivery of the vehicle (provided that in doing so he shall indemnify the Seller against any loss or damage caused to or in respect of the vehicle).
13 2 Without prejudice to the Purchasers rights under Section 5 of the Unfair Contract Term Act 1977 the Seller gives no warranties in respect of the New Vehicle and a warranties conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law and the Purchaser shall only be entitled to the benefit of any warranty or guarantee given by the relevant manufacturer to the Seller
13.3 Save in respect of loss of life and personal injury which liability cannot be excluded by law, the Seller accepts no liability for consequential loss of any kind whatsoever
13.4 Where the vehicle is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Purchaser are not affected by this Condition.
14 NOTICE
Any notice given hereunder must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received within two days of posting.
15. EXCLUSION OF THIRD PARTY RIGHTS
Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.