Retail Customer Terms & Conditions
Terms and Conditions
In these terms and conditions (“Conditions”): “Seller”, “we”, “our” or “us” means Saxton 4x4 Limited. “Buyer”, “you” or “your” means the buyer of the vehicle other goods (together defined as “Goods”) . “Consumer” means a Buyer who is a consumer within the meaning of the Consumer Rights Act 2015. “Manufacturer” means the manufacturer of the vehicle subject to these terms and conditions.
1.1. The Conditions set out the basis on which you will purchase the Goods that you have selected, and which is further described in the order form referred to in clause 1.2.1;
1.2. The Conditions should be read in conjunction with the following documents:
1.2.1. the order form describing the Goods ("Order Form");
1.2.3. any applicable finance agreement.
1.3. Please read the Conditions and Order Form carefully before you agree to be bound by them. If you think there is a mistake in the Conditions or Order Form or you otherwise require a change to any of the provisions, please contact us before you sign the Order Form.
1.3.1. We charge an administration fee to cover essential documentation and related administration costs. To ensure we can offer all our customers the best value we have tailored our administration fee to our customers’ individual circumstances. This fee is a compulsory fee and applies to all our vehicles depending on your below circumstances:
1.3.2. a customer with no prior purchases from us will be charged a fee of £199;
1.3.3. a returning customer that previously purchased a vehicle from us within a 12-month period will not be charged a fee. This waiver of the administration fee is limited to one additional purchase per year;
1.3.4. a returning customer that previously purchased a vehicle from us within a 13–24-month period will be charged a fee of £99. This reduced administration fee is limited to one additional purchase per year.
2.1. A vehicle may be reserved from sale for your benefit via our website (www.saxton4x4.co.uk) for a £99 fee.
2.2. Payment of the fee set out in clause 2.1 shall reserve the vehicle from sale for a maximum period of 48 hours (the “Reservation Period”). The Reservation Period can only be extended with our written authorisation and this extended period will be subject to payment of an increased fee amount to be agreed. Any such increased time period shall be deemed to be the Reservation Period.
2.3. If no order for the purchase of the vehicle has been completed by you prior to the end of the Reservation Period:
2.3.1. the vehicle shall no longer be reserved from sale and you acknowledge that the vehicle may be sold to other customers; and
2.3.2. the Reservation Fee shall be returned to you in full.
2.4. The Reservation Fee is not a deposit or partial payment for either the vehicle reserved or any other vehicle.
2.5. If you chose to purchase the vehicle prior to the end of the Reservation Period you can elect to either:
2.5.1. have the Reservation Fee be treated as a partial payment for the Vehicle and the Reservation Fee shall be deducted from the balance due; or
2.5.2. have the Reservation Fee returned to you.
2.6. You may only reserve one vehicle at any given time unless otherwise agreed by us.
3.1. A maximum period of 5 days from the date of the contract for collection will apply unless otherwise agreed.
3.2. If you do not collect the Goods from us as arranged or if, after a failed collection by you, you do not re-arrange collection (or delivery) of the Goods from us, we will contact you for further instructions and may charge you for storage costs (£20 per day plus VAT) and any further delivery costs as applicable. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection (or delivery) we may end the contract.
3.3. Collection dates are estimated on new vehicles and are subject to change by Manufacturers/Suppliers and as such are not guaranteed by us and cannot be relied upon.
4.1. This clause only applies where it has been agreed that we will deliver the Goods instead of you collecting the Goods.
4.2. We will provide an estimated delivery date or dates.
4.3. We will deliver the Goods to you at the address on the Order Form on the date agreed between us (the “Delivery”).
4.4. If you need to rearrange the date and time of your Delivery, we may charge you a fee.
4.5. We will only deliver the Goods to you at the delivery location stated in the Order Form.
4.6. You must show us a valid photocard UK driving licence at Delivery. If the address on your driving licence is different to the Delivery address, you must also provide us with either a utility bill or bank statement addressed to the Delivery address and which is dated in the three months prior to Delivery. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to the Delivery address and which is dated in the three months prior to Delivery. The person stated on the order form must be present at Delivery as we will not deliver the Goods to any other person.
4.7. We will need a safe place to park the Goods (e.g., a driveway or safe on-road parking) whilst we complete our delivery checks with you. If you are selling a part exchange vehicle to us, then you should also make sure that is parked safely and is accessible by us. You are responsible for giving us details of a safe location and will be responsible for any costs, penalties or fines we incur as a result of parking in the safe location provided by you.
4.8. The mileage of a vehicle stated on the Order Form may vary slightly to the actual mileage of the vehicle because of delivering the vehicle to you.
4.9. You are responsible for the Goods from Delivery.
5. LIMITATION OF LIABILITY
5.1. We will not be liable to you for losses that were not in the reasonable contemplation of both parties when the contract was formed.
5.2. Nothing in this clause shall operate to restrict or exclude our liability or limit your rights in any way that cannot be restricted, excluded or limited by law.
6. PART EXCHANGE
6.1. Where we agree to allow part of the price of the Goods to be discharged by you delivering a used motor vehicle to us, the following conditions will apply:
6.1.1. that such used vehicle is your absolute property and is free from all encumbrances or that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by us, in which case the allowance shall be reduced by the amount required to be paid by us in settlement thereof;
6.1.2. that if we have examined the said used vehicle prior to confirmation and acceptance of this order, the said used vehicle shall be delivered to us in the same condition as at the date of such examination (fair wear and tear excepted);
6.1.3. that such used vehicle shall be delivered to us on or before collection or delivery of the goods to be supplied by us under this agreement, and the property in the said used vehicle shall thereupon pass to us absolutely;
6.1.4. that, so far as you are aware, such used vehicle has not been used for rental/hire purposes whether private or commercial;
6.1.5. that you will indemnify us in respect of any encumbrance on such used vehicle to ensure good title is transferred;
6.1.6. that such used vehicle is as described herein with all known mechanical defects declared;
6.1.7. that such used car has a valid MOT certificate with at least 3 months remaining. If less, you give us, permission to affect any work necessary to enable us to obtain a new MOT certificate and you agree to reimburse us for all costs and expenses of such work;
6.1.8. that, so far as you are aware, such used vehicle has not been in any major accidents, or the subject of a total loss claim;
6.1.9. that, so far as you are aware, such used vehicle was specifically built for sale by the manufacturer for an authorised agent in the UK (not an import); and
6.1.10. that, so far as you are aware, the milometer of such used vehicle is correct, if not a written record of the approximate true mileage has been supplied by you to us.
6.2. If we accept the part exchange vehicle, you must give us:
6.2.1. all copies of the part exchange vehicle's keys;
6.2.2. the part exchange vehicle's most recent V5C registration document (together with appropriate proof of purchase if requested by us);
6.2.3. the part exchange vehicle’s service history (if any);
6.2.4. the part exchange vehicle's MOT certificate (if any);
6.2.5. the part exchange vehicle's user manuals (if any); and
6.2.6. any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car).
6.2.7. You must remove any personal possessions from the part exchange vehicle before we take possession of it. We will not be responsible for any personal items lost once the part exchange vehicle is in our possession.
6.2.8. You are responsible for removal, deletion or redaction of your personal information contained in the part exchange vehicle prior to handover of the part exchange vehicle, including as follows:
184.108.40.206. if the part exchange vehicle has a satnav, phone interface or any other device capable of storing data, you will ensure that you have removed all personal data from these devices prior to handing the part exchange vehicle over to us. This includes contacts (names and numbers), previous or favourite destinations in your trip history and default “home” address; and
220.127.116.11. you will ensure that your name and address are removed or redacted from any service or maintenance records that you hand over with the part exchange vehicle.
6.3. The V5C registration document (which includes your name and address and is an official DVLA document) will remain with the part exchange vehicle until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the part exchange vehicle may be sold to one or more motor traders who will not be obliged to register as the new keeper of the part exchange vehicle and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
6.4. In the event of the non-fulfilment of any of the foregoing conditions, we shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof and you shall discharge in cash the full price of the goods to be supplied by us.
7.1. Where you:
7.1.1. cancel the Order (other than where you are entitled to do so by law, or where the manufacturer price is increased and you are given the opportunity to cancel); or
7.1.2. otherwise fail to collect the Goods; or
7.1.3. breach the contract so that it is ended,
we shall be entitled to be compensated and paid a sum equivalent to a reasonable administration fee and any damages, loss or expenses which we may have suffered or incurred by reason of your cancellation or default (including as a result of selling the goods at a lower value) and storage costs.
7.2. Any amount to be paid to us in accordance with 7.1 above, may be deducted from any deposit or other money paid by you and the balance (if any) shall be returned to you.
7.3. If the losses we have suffered exceed the deposit paid then you shall be liable to us for the excess amount. We may, at our option elect to return any part-exchange vehicle or to retain it (in which case the agreed part-exchange allowance, after deduction of the sums paid by us to settle any finance or other interests affecting the part-exchange vehicle, shall be treated as part of the sums paid by you for the purpose of this clause). If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods you shall immediately reimburse us on demand.
8. OWNERSHIP AND RISK
8.1. We shall remain the full and absolute owner of the Goods until such time as your total indebtedness to us (whether due under this contract and whether paid in money or money and ownership of a vehicle which is free from encumbrances if part exchange has been agreed) shall have been paid to us by you in full and cleared funds following our confirmation to you that such funds should be paid.
8.2. We accept no responsibility for errors or mis-information supplied or provided by the DVLA or other agencies.
8.3. We do not guarantee ownership of/or accept responsibility for any loss of/or transfer refusal by DVLA of a cherished registration number.
8.4. We do not provide any guarantee or accept any liability for any modification made to the vehicle after we have sold it to you, including but not limited to the engine, outside of the manufacturer’s specification save where such modification is made by us.
8.5. Where the purchased vehicle includes a diesel particulate filter (“DPF”), you agree and understand that you will need to maintain such DPF in accordance with the vehicle’s manual.
9. CHERISHED NUMBERPLATES
9.1. It is your responsibility to supply us with a replacement registration number along with the new keeper's supplement of the V5 registration document.
9.2. We will retain £1,000 until the new V5's for the donor and recipient vehicle have been returned to us within 14 days.
9.3. We do not accept any responsibility for the loss of a registration number as a result of failing to supply the documents under this clause 9 within 14 days after the due date of contract.
9.4. We do not accept any responsibility for any expenses incurred by all parties.
10. TRADE CUSTOMERS
10.1. The Conditions shall not apply to Trade Customers. Vehicles sold to Trade Customers shall be subject of separate terms and conditions.
10.2. For the purposes of this clause 10, Trade Customers shall be defined as any person who is not a Consumer.
11.1. VAT will be included on all invoices save for where the vehicle is to be directly exported under our supervision and using the export services of Saxton 4x4 Limited.
12.1. All vehicles sold using the export services of Saxton 4x4 Limited are subject to an export fee of £795 (plus VAT) (the “Export Fee”). The Export Fee covers our internal costs of arranging the export and processing the vehicle to the point of shipment. The Export Fee is in addition to any third-party costs in connection with the export (e.g. transport and shipping fees).
13. DISTANCE SALES
13.1. If you are contracting with us as a Consumer online or by phone and do not visit our dealership at any point during the transaction process, or your contract with us is conc luded or substantially negotiated at your home or somewhere other than our dealership, you have the right to cancel (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), all or part of your contract at any time up to 14 calendar days after the day on which you receive the vehicle you ordered.
13.2. If the value of the Goods is diminished because of your handling of the Goods is beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you and we can deduct it from the reimbursement provided to you. We will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 50 miles (not to include mileage incurred between initial collection of the Goods from our dealership to your home address and during delivery back to us) as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods. If the Goods are made to your specifications or is clearly personalised, then you do not have the right to cancel the contract. For the avoidance of doubt, this means if you ask us to provide any alteration to the vehicle that was not advertised as being part of the original purchase.
13.3. If you wish to exercise your right of cancellation this clause 13, you are obliged to retain possession of the vehicle and take reasonable care of them until collection/return to us. You will be required to provide the mileage of the vehicle and agree not to drive the vehicle other than to return it to us. We will not be obliged to refund the purchase price of any Vehicles damaged by you, but may at our election offer to refund the purchase price subject to a deduction for the damage sustained.
13.4. You can cancel by calling 01245 351234, or write to: Saxton 4x4 Limited, Westway, Chelmsford, Essex, CM1 3BH. You must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. A model form is available upon request to assist with the notification process. If the vehicle has been funded by a finance provider, you should ensure that you also give notice to that third-party funder to cancel the finance arrangements.
13.5. If you decide to cancel in accordance with this clause 13, we will reimburse you, by the method used to pay for the original transaction, the amount in relation to vehicle to which cancellation rights apply. Within 14 days of such cancellation, you should:
13.5.1. If you collected the vehicle from us: return the vehicle to us at our dealership at your own cost. Alternatively, if you wish us to collect the vehicle, we will do so subject to payment of an agreed collection fee; or
13.5.2. If we delivered the vehicle to you: make the vehicle available for us to collect from the same place as we delivered to you. Collection will be free of charge.
13.6. We may make a reasonable deduction from the reimbursement for loss in value of any vehicles supplied, based on any additional mileage on the vehicle after receipt and/or any missing keys or documentation including but not limited to the most recent V5C registration document showing you as the registered keeper (for which we will retain £500 until the V5 is produced to us). We will make the reimbursement no later than 14 days after the day we receive back from you any vehicles supplied or, if earlier, the date you supply evidence to us that you have sent the vehicle, together with all keys and documentation including but not limited to the most recent V5C registration document showing you as the registered keeper, back to us. Refunds will be made by cheque or direct bank transfer to the same account as the purchase price was paid from. Refunds will not be paid in cash. If you direct us to settle your finance (if applicable) on the vehicle, we will refund the required sum (providing the refund is sufficient for this purpose) and return to you any surplus funds.
13.7. If you exercise your right to cancel the vehicle within the 14-day period, and have sold a used vehicle to us as part exchange for the vehicle, we may at our discretion either refund the sum attributed to the part exchange vehicle at the time the agreement was entered into, or return the part exchange vehicle to you, if it remains available. Where the part exchange vehicle has been subject to repairs by us, you will be required to pay to us the cost of the repairs if you wish to retain the part exchange vehicle.
13.8. If you have sold us a used vehicle as part exchange on an acquisition made online or by phone and the part exchange vehicle upon delivery or collection is not as described we may either revalue the vehicle and proceed with the sale based upon the revised valuation, or refund any deposit paid less any reasonable costs we have incurred. If the vehicle you are purchasing is not as described we will give you back your deposit plus any reasonable costs you have incurred.
13.9. Upon return of the vehicle, you confirm to us that, the vehicle:
13.9.1. is free from all charges or claims from any third party (subject to any finance used to purchase the vehicle) and is owned by you;
13.9.2. is in the same condition as on Delivery (except for any reasonable wear and tear) and has not been involved in an accident since Delivery; and
13.9.3. no alterations or modifications whatsoever have been made to the vehicle.
13.10. You must also give to us:
13.10.1. all copies of the vehicle's keys;
13.10.2. the vehicle's service history (if any);
13.10.3. the vehicle's MOT certificate (if any);
13.10.4. the vehicle's user manuals (if any);
13.10.5. any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car).
13.10.6. and any other documents or items which we gave to you at Delivery in relation to the vehicle.
13.10.7. You are responsible for the removal of your personal belongings or the deletion of personal data from the vehicle prior to collection in the same manner as for a part exchange vehicle (see clause 6).
13.11. You remain responsible for the Car until it is returned to us. You must ensure that the Car is insured with a fully comprehensive insurance policy until collection.
14.1. We shall keep and use any data relating to you in accordance with the provisions of all relevant data protection legislation to process the Order and payment and (unless you request us not do so), to inform you about similar products that we provide. You may stop receiving this information at any time by contacting us.
15. YOUR RIGHTS
15.1. Under the Consumer Rights Act 2015 you are entitled to exercise your statutory rights if the goods are faulty. Your rights and burden of proof vary under prescribed time scales.
15.2. If you believe there is a fault with the vehicle you should contact us as soon as possible
15.3. Your key legal rights Under the Consumer Rights Act 2015 if the Goods are not as described or, because of a fault that was present at the time we delivered the Goods to you which caused the Goods not to be of satisfactory quality or fit for purpose are:
15.3.1. Within the first 30 days, if the consumer can show a fault with the vehicle that was there at the time of delivery, they will be entitled to either: -
18.104.22.168. A free repair
22.214.171.124. Full refund
15.3.2. After 30 days and up to 6 months after delivery it will be assumed the fault was present at time of delivery unless the trader can rebut this. If your vehicle is found to have a fault you are entitled from us either: -
126.96.36.199. A repair
188.8.131.52. Replace the goods If neither (1) or (2) can be provided you will be entitled to a refund. In these circumstances we are entitled to make a fair deduction from the refund to reflect the value of the use you had from the Goods.
15.3.3. After 6 months of delivery, it is the consumer who has the burden of proof to show the fault exists.
15.4. This is only a summary of some of the key rights of a consumer customer. For detailed information from Citizens Advice please visit your local Citizens Advice centre or www.citizensadvice.org.uk.
16.1. We shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to you. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and they should repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:
16.1.1. after discovering the defect you failed either to inform us or to have the defect examined by a Dealer without reasonable delay;
16.1.2. you failed to give a Dealer the option to repair the Goods without reasonable delay;
16.1.3. the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
16.1.4. if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;
16.1.5. parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer; or
16.1.6. instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.
16.2. In the case of the Goods being a second-hand vehicle, we shall transfer to you the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order
17.1. Prior to any remedial or repair work to be undertaken on the vehicle you must seek authorisation from us. We retain the right to investigate and inspect the vehicle prior to any work commencing.
17.2. Bank Drafts will require 10 complete working days for clearance.
17.3. All keys on used vehicles will be passed onto the Buyer. When there is only one key supplied to us, we will endeavour to locate any other keys from seller/supplier and failing this any extra keys will be charged at cost.
17.4. 14 days should be allowed for refunds of retainers for V5 / MOT / Service History.
17.5. Any refund amount for a vehicle will exclude any modifications or enhancements made to the vehicle at the Buyer’s request where we cannot reasonably recover the cost of those modifications or enhancements.
17.6. Payments can be made by, together with other methods, credit card and cash subject to the following:
17.6.1. the maximum amount payable by means of credit cards in connection with a purchase (whether paid on one credit card or split across multiple credit cards) is £1,000; and
17.6.2. the maximum amount payable by means of cash in connection with a purchase is £3,000.
17.7. Any notice required or permitted to be given by one of the parties to the other under these Conditions shall be in writing and shall be delivered by hand or sent recorded delivery post to the address of the addressee set out in the Order or to such address that the addressee may have from time to time notified for the purposes of this clause 17. Notices may not be validly served by electronic mail.
17.8. The headings in these Conditions are for convenience only and shall not affect their interpretation.
17.9. No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.
17.10. If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts or the provision shall continue to full force and effect.
17.11. A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.12. This contract shall be governed by and construed in accordance with the laws of England & Wales and any dispute shall be subject to the exclusive jurisdiction of the English courts