Terms and Conditions - Terms of
Business
IMPORTANT LEGAL NOTICE
This Website is operated by Pinner
View Motors Ltd, trading as Northern Motors and is registered
in England (No.563696), its registered office is 333 Pinner Road,
Harrow, Middlesex, HA1 4JR (together referred to as "Northern
Motors" in this notice).
Definitions:
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"Company"
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means the company detailed
overleaf, being part of the Northern Motors Group of companies.
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"Goods"
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means a vehicle, van,
machine or parts sold by the Company to the Customer as specified
overleaf.
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"Repair Services"
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means work carried out by
the Company as specified overleaf, including any additional
necessary work.
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"Item"
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means any item to which
Repair Services are performed by the Company.
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1. Price
a. The price of
the Goods will be the Company's quoted price as set out overleaf.
Where no price has been quoted or a quoted
price is no longer valid the price will be the Company's current
price as at the date the contract is made.
i. Subject to Paragraph 1c unless otherwise
stated all prices quoted are valid for 30 days only.
ii. Unless
otherwise stated all prices exclude VAT and are for delivery at the
Company's address as set out overleaf.
b. All prices
given for Repair Services are estimates only.
c. The Company
reserves the right at any time to increase the price of the Goods
if a price increase is imposed on the Company by its supplier.
d. Unless
otherwise agreed in writing the Customer must pay the price of the
Goods or Repair Services in full before taking delivery of the
Goods or collecting any Item, and in any event within 14 days of
notification that delivery or collection can be made.
e. The Company
reserves the right at any time to demand security for payment.
f. The
Customer at all times has primary responsibility for paying the
price of Goods and Repair Services even where Repair Services are
requested by the Customer under an insurance claim or
manufacturer's warranty claim.
g. All reference
to payment means cleared funds.
2. Part exchange and
Finance Purchase
a. If the
Company agrees to part of the price for Goods being paid by way of
a part exchange item such item must be delivered to the Company on
or before delivery of the Goods and the following conditions apply
as at the date of delivery of the Goods:
i. the
details and statements set out overleaf being true; and
ii. the
item being in the same condition as at the date of its examination
or the acceptance of it as a part exchange item by the Company. If
either or both of those conditions do not apply the Company shall
be entitled to cancel the contract and to seek damages from the
Customer. The Company shall be entitled to set off its damages
against any deposit paid by the Customer.
iii. The Company
reserves the right to settle any outstanding credit owing on an
item offered by a Customer for part exchange and to deduct that
amount from the value of the part exchange item.
3. Specification and
Warranty
a. The
specification of the Goods shall be that specified on the
order.
b. The
Customer shall receive such warranty and/or guarantee as is given
by the manufacturer of the Goods to the Company, and the Customer
hereby agrees to be bound by any conditions attaching to such
warranty and/or guarantee.
c. The
Company warrants that the Goods will comply with the specification
and description set out overleaf (save as the same may be modified
by these conditions) and that all repairs will be carried out using
reasonable skill and care. All other conditions, warranties,
stipulations, representations and statements (unless set out
overleaf) whether express or implied by statute at common law or
otherwise howsoever relating to the Goods and/or Repairs are hereby
excluded to the fullest extent permitted by law unless the same has
been made or agreed to by a director or branch manager of the
Company and except in respect of death or personal injury caused by
the Company's negligence.
d. In the
case of Repair Services we will replace or repair any part found to
be defective by any reason of defective material or workmanship
PROVIDED THAT:
I. we
shall not be liable if the vehicle, van or machine has been abused
in any way or damaged by wear and tear, neglect, rust, improper use
or failure to maintain and/or
II. we shall not
be liable if the vehicle, van or machine has been involved in a
subsequent accident.
III. The Company
shall not be liable to the Customer or be deemed to be in breach of
contract by reason of any delay in performing, or any failure to
perform, any of the Company's obligations in relation to the Goods
or the Repair Services, if the delay or failure was due to any
cause beyond the Company's reasonable control.
IV. The Company
is not responsible for any items left in a vehicle etc. by the
Customer whilst the vehicle is on the Company's premises.
V. When
providing Repair Services for taxis, driving school vehicles or
commercial vehicles the Company will not accept any liability for
any financial loss incurred as a result of any delay in providing
the Repair Services.
4. Delivery/Risk/Title
a. The
Company shall deliver the Goods/make any items available for
collection at the address stated overleaf. Any dates/times quoted
for delivery/completion are approximate only.
b. The
Company shall be entitled to levy storage charges having given
notice to the Customer that Goods/Item are ready for
collection.
c. Any
shortages or breakages of Goods must be notified to the Company
within 7 day of the date of delivery of the relevant Goods.
d.
Ownership of the Goods remains with the Company and will not pass
to the Customer until the Company is paid for the Goods (and any
related work) in full cleared funds and is paid all other amounts
owed by the Customer to the Company in respect of all other goods
supplied to the Customer.
e. Where
the Goods are attached to or incorporated in any other goods or are
altered by the Customer ownership of the Goods shall not pass by
virtue of the attachment, incorporation or alteration and if the
Goods remain identifiable and were attached to or incorporated in
other goods, can be detached or removed from them.
f. If the
Customer is overdue in payment for the Goods or any other goods
supplied by the Company, the Company may recover and resell them.
This does not affect any other rights of the Company.
g. Until
the company has been paid for the Goods and all other goods which
the Company has supplied to the Customer:
i.
if the Customer sells the Goods the Customer shall hold that part
of the proceeds of sale which is equal to the original price to be
paid to the Company on trust for the Company in a separate bank
account.
ii. the Company may trace the proceeds
of sale that the Customer received into any bank or other account
which the Customer maintains.
iii. if
the Customer sells the Goods the Company may by written demand
require the Customer to assign to the Company the rights to recover
the price from its purchaser.
iv. the Customer must not assign to
any other person any rights arising from a sale of the Goods
without the Company's written consent.
h.
Risk in the Goods shall pass to the Customer on delivery.
i. The Customer must insure the
Goods against all insurable risks for the price due to the Company
for the Goods.
5. Returns
a. All return parts must be
returned within 7 days of the date of their invoice and the Company
reserves the right to levy its handling charge current at the
date of return.
6. Cancellation
a. The Customer
shall have the right to cancel a contract for the purchase of Goods
only within 14 days of receipt of notification of:
i.
any price increase of the Goods; and/or
ii. any
change in the specification of the Goods to the detriment of the
Customer; and/or
iii. any unforeseen delay in delivery.
b. The
Company shall have the right to cancel the contract within 14 days
of receipt of notification from its supplier that the supplier is
not able to supply the Goods and the Company shall have no further
liability to the Customer.
c. Any
deposit paid by the Customer to the Company shall be refunded
following cancellation pursuant to clauses 6a and 6b above.
7. Courtesy
Vehicles
a.
Customers borrowing courtesy vehicles must hold a current valid
full United Kingdom Driving Licence and must arrange full
comprehensive motor insurance for the period of use.
b. The
Customer will maintain the vehicle and return it in the same
condition as when taken.
c. The Customer will return the
Vehicle promptly to the Company on the agreed return date or
immediately on the request of the Company. If the Customer delays
return of the vehicle the Company may charge £30 + VAT per day of
unauthorised use together with (where appropriate) a storage charge
of £30 + VAT per day for the vehicle left on the Company's
premises.
8. General
a. Where
the Goods are sold or the Repair Services performed under a
consumer transaction (as defined by the Consumer Transactions
(Restrictions on Statements) Order 1976 and as may be amended by
the Consumer Transactions (Restrictions on Statements) Amendments
Order 1978) the statutory rights of the Customer are not affected
by these conditions.
b. Any
notice required or permitted to be given by either party to the
other under these conditions shall be in writing sent by post or by
fax addressed to that other party at the address set out
overleaf.
c.
No waiver by the Company of any breach of the contract by the
Customer shall be considered as a waiver of any subsequent breach
of the same or any other provision.
d. If any
provision of these conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the
other provisions of these conditions and the remainder of the
provision in question shall not be affected thereby.
e. The
construction validity and performance of the contract and all
matters pertaining thereto shall be governed in all respects by
English law and the parties hereby submit to the exclusive
jurisdiction of the English Courts.
f.
These conditions constitute the entire conditions of the
contract between the Company and the Customer and shall supersede
all promises, representations, warranties or other statements made
by one party to the other unless the same are confirmed in writing
by a Director of the Company and by the Customer or his authorised
representative.
9. Data Protection and
Privacy
a. If you
are taking out finance with your vehicle purchase the information
you have provided for the finance proposal will be disclosed to
lenders for the purposes of considering your credit application.
Lenders may use this information to carry out searches with credit
reference agencies. A record of those searches will be kept and may
be used by other lenders in accessing applications from you and
members of your household for credit in the future. Lenders will
cross check this information with other lenders to help prevent
fraud.
b. Any
information collected about you will be used to firstly fulfil any
service you might request and secondly improve how, as a company,
we may be able to serve you and we will do this by making
appropriate use of the information.
c. The
information you supply is stored in our database and used to
improve customer service, marketing and communications. From time
to time we may contact you with information about products and
services we think may be of interest to you. We may share this
information with other selected organisations. You have the right
as an individual to find out what information we hold about you and
to make corrections if necessary - you also have the right to ask
us not to use the information supplied in a certain way.