VEHICLE SALES TERMS AND CONDITIONS 

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of motor vehicles by ACHSV Ltd a company limited by shares registered in England under number 09903741 whose registered address is Brooklands, Church Lane, Lillingstone Lovell, Buckingham, Bucks, MK18 5BP. 

  1. Definitions and Interpretation

1.1           In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”                             means the contract for the purchase and sale of a Motor Vehicle, as explained in Clause 3;

“Motor Vehicle”               means the Motor Vehicle which is to be supplied by Us to you as confirmed in Our Order Confirmation;

“Month”                                 means a calendar month;

“Price”                                                       means the price payable for the Motor Vehicle as confirmed in Our Order Confirmation;

“Order”                                    means your order for the Motor Vehicle as confirmed in our Order Confirmation;

“Order Confirmation”    means Our acceptance and confirmation of your Order as described in Clause 3, and set out above;

“We/Us/Our”                      means ACHSV Ltd a company limited by shares registered in England under number 09903741 whose registered address is Brooklands, Church Lane, Lillingstone Lovell, Buckingham, Bucks, MK18 5BP. 

1.2           Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

  1. Information About Us

2.1           ACHSV Ltd is a company limited by shares registered in England under number 09903741, whose registered address is Brooklands, Church Lane, Lillingstone Lovell, Buckingham, Bucks, MK18 5BP. 

2.2           Our VAT number is 229580585

  1. The Contract

3.1           These Terms and Conditions govern the sale of Motor Vehicle by Us and will form the basis of the Contract between Us and you.

3.2           Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3           A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.

3.4           We have ensured (and you have acknowledged by the placing of your Order) that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1      The condition and service history (where known by Us) of the Motor Vehicle (and your further acknowledge that you have inspected the Motor Vehicle yourself or through others on your behalf, or you have been provided with the opportunity of doing so and have declined to so inspect);

3.4.2      Our identity (set out above in Clause 2) and contact details (set out below in Clause 13);

3.4.3      The total Price for the Motor Vehicle including taxes except where stated such as in the case of Motor Vehicles destined for export;

3.4.4      Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.4.5      Where applicable, the arrangements for payment, collection or delivery and the time by which We may deliver the Motor Vehicle;

3.4.6      Our complaints handling policy;

3.4.7      Where applicable, details of after-sales services and any applicable warranties.

  1. Description and Specification of Motor Vehicle

4.1           We have made every reasonable effort to ensure that the Motor Vehicle conforms to photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and/or differences in the colour reproduction of electronic displays on our website.

4.2           We reserve the right to make any changes in the description of the Motor Vehicle that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

  1. Orders

Your Order for the Motor Vehicle will be accepted by Us only subject to these Terms and Conditions.

  1. Price and Payment

6.1           The Price of the Motor Vehicle will be that shown in Our Order Confirmation. A deposit will be required, the amount and terms of which will be set out on Our Order Confirmation.

6.2           All Prices include VAT except where stated. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

6.3           Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.

6.4           All payments for Motor Vehicle must be made in advance before the Motor Vehicle is made available for you to collect and title (including V5 Registration document) is transferred to you.

6.5           We accept the following methods of payment:

6.5.1      Bank Transfer;

6.6           If you do not make any payment to Us by the due date as shown on the Order Confirmation We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays Bank plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. We also reserve the right, as may be confirmed in the Order Confirmation, to sell the Motor Vehicle to a third party and remit the sale proceeds to you after deduction of all and any sums payable or retained by Us.

  1. Delivery

7.1           Please note that we deliver only within the United Kingdom and when specifically agreed to by Us, following your payment of Our delivery costs and charges.

7.2           Overseas deliveries must be handled by our designated shipping agent and all tax and duty liabilities lay with you the purchaser.

7.3           If We confirm in the Order Confirmation that you wish to collect the Motor Vehicle from Us yourself you may do so after payment in full of the Price together with any other sums due to Us under these terms including VAT.

7.4           Delivery will be deemed to have taken place when the Motor Vehicle has been delivered to the agreed delivery address and you (or someone identified by you) have taken physical possession of the Motor Vehicle or, if you are collecting the Motor Vehicle from Us yourself, when you have collected the Motor Vehicle from Our premises.

7.5           If for any reason We are unable to deliver the Motor Vehicle at your chosen delivery address, We will leave a note informing you that the Motor Vehicle have been returned to Our premises, requesting that you contact Us to arrange re-delivery. Further costs will be payable by you for this failed delivery attempt.

7.6           The responsibility (sometimes referred to as the “risk”) for the Motor Vehicle transfers to you upon payment of the sales invoice. Please note, in addition, that if you do not wish to collect the Motor Vehicle and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Motor Vehicle will again pass to you as soon as they are passed to your chosen carrier.

7.7           You own the Motor Vehicle once We have received payment in full for it.

  1. Problems with your Motor Vehicle

8.1           The purchase of a classic car involves risk from your perspective. The Motor Vehicle is of high value, but its performance cannot be guaranteed by Us. You have had the opportunity of inspecting the Motor Vehicle yourself or through others (and we recommend expert mechanics do so for you) and you have determined to proceed with the purchase. By proceeding you confirm to Us (and we rely on this) that you have taken into account the condition of the Motor Vehicle and you acknowledge by doing so your ability to bring a claim against Us afterwards relating to problems with the performance of the Motor Vehicle is limited as a result.

8.2           Where you are purchasing as a consumer, your statutory rights are not affected.

8.3           If We informed you of any faults, damage or other problems with the Motor Vehicle before your purchase of it; if you have purchased the Motor Vehicle for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Motor Vehicle for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage, completion events, racing, rallying or pace setting, We exclude all liability to you in the event you may have any claim or complaint to raise with Us.

8.4           For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

  1. No Refund/Return

Given that this is a one-off sale of a classic car, we cannot accept the return of the Motor Vehicle or the reimbursement of the Price.

  1. Warranty

10.1        We guarantee that for a period of 3 months from the date of delivery, (or a distance of 3,000 miles, whichever occurs first) the Motor Vehicle will be free from material defects other than any notified to you at the agreement of the sale. This guarantee is subject to the exceptions listed in sub-Clause 10.2.

10.2        Our guarantee does not apply to any defects in the Motor Vehicle caused by:

10.2.1   Normal wear and tear;

10.2.2   Deliberate damage and/or misuse of the Motor Vehicle;

10.2.3   Accidental damage;

10.2.4   Failure to use the Motor Vehicle in accordance with their instructions;

or

10.2.5   The alteration or repair of by you or any third party that is not authorised by Us.

10.2.6   Racing, Rallying, Competitive Events or Pace Making.

10.3        Our guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

  1. Our Liability

11.1        We will only be responsible for foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2        We only supply Motor Vehicles for domestic and private use. We make no warranty or representation that the Motor Vehicle are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Motor Vehicle for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.3        Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4        Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

  1. Events Outside of Our Control (Force Majeure)

12.1        We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2        If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1   We will inform you as soon as is reasonably possible;

12.2.2   Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.3   We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Motor Vehicle as necessary;

12.2.4   If the event outside of Our control continues for more than one month We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

  1. Communication and Contact Details

13.1        If you wish to contact Us, you may do so by telephone at 01327 353 129

13.2        When contacting Us in writing you may use the following methods:

13.2.1   Contact Us by email at sales@achsv.co.uk

13.2.2   Contact Us by pre-paid post at ACHSV Ltd, Brooklands, Church Lane, Lillingstone Lovell, Buckingham, Bucks, MK18 5BP. 

  1. Complaints and Feedback

14.1        We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

14.2        If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

14.2.1   In writing, addressed to ACHSV Ltd, Brooklands, Church Lane, Lillingstone Lovell, Buckingham, Bucks, MK18 5BP. 

14.2.2   By email, addressed to sales@achsv.co.uk

14.2.3   By contacting Us by telephone on 01327 353 129

  1. How We Use Your Personal Information (Data Protection)

15.1        All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and associated legislation, and in accordance with our Data Protection Policy as notified to you in our General Privacy Policy, a copy of which can be accessed on our website.

15.2        We may use your personal information to:

15.2.1   Provide the Motor Vehicle to you;

15.2.2   Process your payment for the Motor Vehicle;

15.2.3   For other reasons set out in our General Privacy Policy; and

15.3        We will not pass on your personal information to any other third parties without your permission.

15.4        You have the right to obtain a copy of the personal data that we hold about you. If you believe that any information is incorrect or incomplete you should contact us immediately and we will rectify the information.

  1. Other Important Terms

16.1        We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

16.2        You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

16.3        The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

16.4        If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

16.5        No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

  1. Governing Law and Jurisdiction

17.1        These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

17.2        Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

 

To view our ‘Terms & Conditions’ for Restorations, Rebuilds & Repairs, please visit: https://achsv.co.uk/restoration-rebuild-repair-terms-and-conditions/