Trade Customer Terms & Conditions
Terms and Conditions – TRADE CUSTOMERS ONLY
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”). “Manufacturer” means the manufacturer of the vehicle subject to these terms and conditions. “Consumer” means a Buyer who is a consumer within the meaning of the Consumer Rights Act 2015. “Trade Buyer” means an owner, partner or director of a retail new/used vehicle sales company and any person that is not a Consumer.
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.
2.1. A maximum period of 5 days from the date of the contract for collection will apply unless otherwise agreed.
2.2. 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.
2.3. 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.
3.1. This clause only applies where it has been agreed that we will deliver the Goods instead of you collecting the Goods.
3.2. We will provide an estimated delivery date or dates.
3.3. We will deliver the Goods to you at the address on the Order Form on the date agreed between us (the “Delivery”).
3.4. If you need to rearrange the date and time of your Delivery, we may charge you a fee.
3.5. We will only deliver the Goods to you at the delivery location stated in the Order Form.
3.6. 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.
3.7. 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.
3.8. 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.
3.9. You are responsible for the Goods from Delivery.
4. LIMITATION OF LIABILITY
4.1. Nothing in these Conditions shall limit or exclude our liability for:
4.1.1. death or personal injury caused by its negligence, or the negligence of our employees, agents or subcontractors (as applicable);
4.1.2. fraud or fraudulent misrepresentation;
4.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
4.1.4. defective products under the Consumer Protection Act 1987; or
4.1.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
4.2. Subject to clause 4.1:
4.2.1. we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these terms and conditions and the sale of the vehicle; and
4.2.2. our total liability to you in respect of all other losses arising under or in connection with these terms and conditions and the sale of the vehicle, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the vehicle.
5. PART EXCHANGE
5.1. 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:
5.1.1. 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;
5.1.2. 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);
5.1.3. 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;
5.1.4. that, so far as you are aware, such used vehicle has not been used for rental/hire purposes whether private or commercial;
5.1.5. that you will indemnify us in respect of any encumbrance on such used vehicle to ensure good title is transferred;
5.1.6. that such used vehicle is as described herein with all known mechanical defects declared;
5.1.7. 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;
5.1.8. 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;
5.1.9. 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
5.1.10. 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.
5.2. If we accept the part exchange vehicle, you must give us:
5.2.1. all copies of the part exchange vehicle's keys;
5.2.2. the part exchange vehicle's most recent V5C registration document (together with appropriate proof of purchase if requested by us);
5.2.3. the part exchange vehicle’s service history (if any);
5.2.4. the part exchange vehicle's MOT certificate (if any);
5.2.5. the part exchange vehicle's user manuals (if any); and
5.2.6. 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).
5.2.7. 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.
5.2.8. 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:
22.214.171.124. 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
126.96.36.199. 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.
5.3. 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 registeredby 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.
5.4. 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.
6.1. Where you:
6.1.1. 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
6.1.2. otherwise fail to collect the Goods; or
6.1.3. 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.
6.2. Any amount to be paid to us in accordance with 6.1 above, may be deducted from any deposit or other money paid by you and the balance (if any) shall be returned to you.
6.3. 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.
7. OWNERSHIP AND RISK
7.1. 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.
7.2. We accept no responsibility for errors or mis-information supplied or provided by the DVLA or other agencies.
7.3. We do not guarantee ownership of/or accept responsibility for any loss of/or transfer refusal by DVLA of a cherished registration number.
7.4. 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.
7.5. 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 manual.
8. CHERISHED NUMBERPLATES
8.1. It is your responsibility to supply us with a replacement registration number along with the new keeper's supplement of the V5 registration document.
8.2. We will retain £1,000 until the new V5's for the donor and recipient vehicle have been returned to us within 14 days.
8.3. 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 8 within 14 days after the due date of contract.
8.4. We do not accept any responsibility for any expenses incurred by all parties.
9. TRADE CUSTOMERS
9.1. All vehicles sold to Trade Buyers are subject to an administration fee of £899 (plus VAT) (the “Administration Fee”). The Administration Fee covers vehicle inspection, vehicle provenance investigation certificate, DVLA online registration & warranted mileage.
10.1. 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.
11.1. All vehicles sold using the export services of Saxton 4x4 Limited are subject to an export fee of £899 (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
12.1. 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.
13.1. 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.
13.2. Bank Drafts will require 10 complete working days for clearance.
13.3. 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.
13.4. 14 days should be allowed for refunds of retainers for V5 / MOT / Service History.
13.5. 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.
13.6. Payments can be made by, together with other methods, credit card and cash subject to the following:
13.6.1. 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
13.6.2. the maximum amount payable by means of cash in connection with a purchase is £5,000.
13.7. 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.
13.8. The headings in these Conditions are for convenience only and shall not affect their interpretation.
13.9. 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.
13.10. 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.
13.11. 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.
13.12. These terms constitute the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
13.13. 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.