Terms and Conditions of Business (Classic Vehicle Sales)

These Terms and Conditions shall apply to the classic sales of motor vehicles by RM Motor Engineers Ltd (“the Garage”).
Definitions:
In these terms and conditions, the following expressions have the following meanings:
“The Garage” means us, RM Motor Engineers Ltd, Unit 1 Knedlington Industrial Estate, Howdenshire Way, Howden DN14 7HZ;
“The Customer” means you, any individual, firm or corporate body requiring the purchasing of services or goods of the Garage;
“Work or Sale” means any services carried out by the Garage, including but not limited to sale of a vehicle, repairs, vehicle servicing and MOTs;
“Price” means the fee payable for the Work including vehicles, goods, parts, labour, VAT and any additional charges; and
“Vehicle” means the vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer.
These terms and conditions will be binding between the Garage and the Customer upon the purchasing of goods or services.
If you place an order via the phone or internet you warrant that you are legally capable of entering into a contract, you are at least 18 years old and you reside in the UK.

SELLERS UNDERTAKINGS

The seller warrants and represents to the buyer that: the seller is the owner of the Vehicle or is duly authorised to sell the Vehicle.
The seller sells the Vehicle with full title guarantee free from all encumbrances and third party claims.
The Vehicle corresponds with its description on the Site and subsequent correspondence is, to the best of the seller’s knowledge, accurate and not misleading.
The sale of the Vehicle conforms in every respect with the terms (if any) implied by the Sale of Goods Act 1979 and the Consumer Rights Act 2015; and where relevant, the seller has complied with all requirements, legal or otherwise, relating to any export or import of the Vehicle to the country where it is marked as listed for sale.

DESCRIPTION AND QUALITY OF THE VEHICLE

Whilst we are always fair in our transactions, the vehicle you may be purchasing is a number of years old and unless it is being sold as a concours example will never be perfect and we never sell them or price them as such.
All our classic vehicles are sold and purchased ‘as seen’, meaning a Vehicle is sold and purchased for what it is and with any minor faults and imperfections, if any. If the vehicle has been described as a project then it may well have major faults and may even be incomplete.
Any estimate or description given, whether written or oral, is deemed a statement of opinion made by the seller to the best of their ability and not a representation of fact.
Any illustrations or photography of the Vehicle are given for guidance only and must not be relied upon by the buyer in any manner whatsoever.
The buyer acknowledges that buying classic vehicles carry a higher degree of risk than purchasing a modern vehicle.
We encourage buyers to view and drive any vehicle to seek any reassurance that they might need as to the status of the Vehicle.

PAYMENT

From the point at which you place a deposit on the vehicle and/or we start additional work on the Vehicle up until the point at which all sums due are paid in full in cleared funds, we shall have a general lien on the Vehicle and its contents for all sums due.
Following completion of the Work or final preparation for sale/delivery, we shall issue an invoice to the Customer. This can be paid in cash or by bank transfer, debit or credit card.
Unless agreed by a Director of the company all sums shall be due immediately upon receipt of the relevant invoice.
Our invoice shall provide a comprehensive summary of the vehicle and /or of all work done and shall provide full details of all parts and labour including the Price payable.
All work carried out, including any additional work, will be inclusive of VAT.
We shall be entitled to sell the Vehicle at the expense of the Customer in the event that sums remain unpaid following written notice to the Customer of 30 days, such notice to commence no earlier than 30 days following the date of the relevant invoice.
From the due date of payment any outstanding sums shall incur interest on a daily basis at 2% above the Bank of England base rate from time to time until payment in full is made.
Vehicles should be collected within 2 days of us informing you that the vehicle is ready, or alternatively, the completion of the works (whichever is the latter). Vehicles not collected within this time will incur a storage charge of £28 per day plus VAT unless prior agreement has been given in writing by a Director of the Company, vehicles not collected within 30 days will be sold or scrapped in any event.

OUR WARRANTY

All classic cars (unless sold as a project car) carry a 30 day major defect warranty, minor defects are understood to be an accepted risk of purchasing a classic vehicle.
Any Warranty given is dependent upon:
• The Garage being given an opportunity to investigate or rectify any faults within a reasonable timeframe.
• The vehicle not being subjected to disassembly, modification or attempted repair post sale by the purchaser.
• The manufacturer’s vehicle operating instructions having been followed.
• Having the vehicle serviced or otherwise maintained according to the manufacturer’s recommended schedule (at the time or distance specified and with Original Equipment specification parts and filters, carried out by a VAT Registered garage with invoice).
• Full compliance with our advisories, warnings and information or any instructions provided by us either in writing or verbally.
• The parts or workmanship carried out not being subjected to abnormal conditions or unreasonable wear and tear.
• Any warranty granted by the Garage applies directly to the Vehicle. If the Customer sells or otherwise transfers the ownership of the Vehicle to another party, that party shall remain entitled to the benefit of the warranty for the remainder of the Warranty Period.

CUSTOMER SUPPLIED PARTS

We will not warrant or be held responsible for any parts supplied by the Customer, whether new or used. Should such parts cause any damage to the Vehicle, we shall be entitled to charge for any costs incurred, including any labour for their installation and / or removal, and will not be held responsible for any consequential loss or damage whatsoever.

INSURANCE & LIABILITIES

The Garage shall have in place at all times suitable and valid insurance which shall include public liability insurance.
The Garage’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions shall be limited to the extent of this insurance. We shall, under no circumstances, be liable for any consequential loss or damage whatsoever.
The Garage is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions or recommendations given by the Garage or by the Manufacturer.
The Garage is not liable for any loss or damage suffered by the Customer from the storage of its vehicle or the vehicle’s contents at the Company’s premises.
Nothing in these Terms and Conditions shall limit the Garage’s liability for death or personal injury.
The Garage shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Garage’s carrying out of the Work or any breach of these Terms and Conditions.
The Customer shall indemnify the Garage against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.

SUB-CONTRACTING

The Garage shall be free to sub-contract any of its obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer without the Customer’s prior authorisation.

COMPLAINTS PROCEDURE

Any complaint with respect to any work carried out by us must be made in writing to a Director of the Company within 28 days of the work being completed.
The Customer shall give the Company the opportunity to investigate or resolve any issues before corresponding with any other party. We will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with us until this investigation has been carried out.
We will contact you within 10 working days of receipt of the complaint to confirm receipt. We will then endeavour to resolve all disputes amicably and professionally within a further 15 working days. Should the dispute take longer, we will notify you accordingly.

CONSUMER RIGHTS

Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer, including those arising out of The Supply of Goods and Services Act 1982 or any amendments thereto. For more information about your statutory rights, please contact the Citizens’ Advice Bureau.

ABUSE

We will not tolerate any abusive behaviour, language or threats to any staff or other customers, whether in person, on the telephone or in writing. Anyone behaving in this manner on the premises will be asked to leave and the police will be contacted if required.

DATA PROTECTION

We will retain your details and hold them on a secure database for the purpose of direct marketing. If you wish to be removed from our database, please write to us to let us know.
We will not share your personal data with any third parties for any reasons without your prior consent. Such data will only be collected, processed and held in accordance with our rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
We have the right to pass on any personal information provided by the Customer to relevant authorities including, but not limited to, the DVLA and the police. In the event that the Customer is in breach of these Terms and Conditions, we may also pass on any such information to credit reference agencies and debt recovery agencies.

NO WAIVER

No failure by either the Garage or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

SEVERANCE

If any provision of these Terms and 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 Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

FORCE MAJEURE

Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: lack of availability of parts, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

LAW AND JURISDICTION

These Terms and Conditions shall be governed by the laws of England and Wales. Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.