Terms and Conditions

1.Contract

  1. 1.1.The vehicle order form for the sale of a motor vehicle and accessories, if any, ("the Goods") by us, Blue arrow motor company ltd ("the Seller") at the agreed price ("the Total Retail Price") and any allowance in respect of a used motor vehicle offered by you ("the Buyer") incorporates the following clauses to form the contract between us.
  2. 1.2.The vehicle order form (except where varied by an express agreement between the parties which is recorded in writing and signed by an authorised representative of the Seller) shall constitute the entire contract between the parties.

2.Delivery

  1. 2.1.The Seller will use its reasonable endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of the Seller.
  2. 2.2.The Goods may be delivered by the Seller or its agent in advance of the estimated delivery date, if any, upon giving 14 days prior notice to the Buyer.
  3. 2.3.Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Buyer and the Seller has given notice to the Buyer that the Goods are ready for collection. The Goods will be physically delivered by the Seller to the Buyer only where agreed by the Seller and at the Buyer's cost.
  4. 2.4.The Seller may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If the Seller is unable to supply any option or accessory, whether factory fitted or otherwise, the Seller may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price. The inability of the Seller to supply an option or accessory shall not constitute a breach of contract or entitle the Buyer to reject the Goods.

3.Price and Payment

  1. 3.1.The Goods will remain the property of the Seller and the Buyer shall not be permitted to collect the Goods until the Total Vehicle Price set out on the vehicle order form has been discharged in full (without set-off or counterclaim). A cheque given by the Buyer in payment or part payment shall not be treated as a discharge until such cheque has been cleared through the Buyer's bank and time of payment shall be of the essence.
  2. 3.2.In the event that the Buyer arranges for a finance company to purchase the Goods from the Seller at the Total Vehicle Price payable the Seller shall not release the Goods until the Total Vehicle Price has been discharged in full, including receipt of cleared funds from the said finance company.
  3. 3.3.Examination of Goods and Reliance
  4. 3.4.Prior to signing the vehicle order form the Buyer shall examine the Goods to be purchased (if such are available for inspection) and the Buyer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects and have been notified by the Seller to the Buyer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

4.Suitability of goods

  1. 3.1.The Goods will remain the property of the Seller and the Buyer shall not be permitted to collect the Goods until the Total Vehicle Price set out on the vehicle order form has been discharged in full (without set-off or counterclaim). A cheque given by the Buyer in payment or part payment shall not be treated as a discharge until such cheque has been cleared through the Buyer's bank and time of payment shall be of the essence.
  2. 3.2.In the event that the Buyer arranges for a finance company to purchase the Goods from the Seller at the Total Vehicle Price payable the Seller shall not release the Goods until the Total Vehicle Price has been discharged in full, including receipt of cleared funds from the said finance company.
  3. 3.3.Examination of Goods and Reliance
  4. 3.4.Prior to signing the vehicle order form the Buyer shall examine the Goods to be purchased (if such are available for inspection) and the Buyer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects and have been notified by the Seller to the Buyer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

5.Claims

  1. 5.1.Without prejudice to the terms of the manufacturer's warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to the Seller, the Seller shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Buyer the price of the Goods (or a proportion part of the price), but the Seller shall have no further liability to the Buyer.
  2. 5.2.In the event of any dispute or disagreement arising out of or in connection with this Contract or any breach of its term the Seller and the Buyer shall first use their reasonable endeavours to negotiate in good faith a settlement of such dispute by mediation through the CTSI approved Alternative Dispute Resolution provider Motor Codes (https://www.themotorombudsman.org/) and this provision shall not apply if the Seller shall have sent a letter before action to the Buyer and no response has been received within 7 days after such letter before action shall have been deemed to have been received.
  3. 5.3.Any notice or letter under or in connection with this contract shall be in writing and shall be served by hand on the party or sent by recorded delivery at or to the address of the party set out in this contract or at or to such other address as may be subsequently notified in writing by one party to the other and in the absence of evidence of earlier receipt any notice shall be deemed to have been received and duly served:
    1. 5.3.1.when delivered if delivered personally; or
    2. 5.3.2.two days after posting if sent by recorded delivery.

6.Warranty

  1. 5.1.If the Goods are new and described in the catalogue or price list of the manufacturer or concessionaire, the Seller undertakes to assist the Buyer in obtaining from such manufacturer or concessionaire the benefit of any warranty or guarantee given by him to the Seller in respect of the Goods.
  2. 5.2.The Seller shall use all reasonable endeavours to pass the benefit of any manufacturer's warranty on to the Buyer.
  3. 5.3.In the case of the Goods being a second-hand vehicle, the Seller shall transfer to the Buyer the unexpired portion of the manufacturer's warranty (if any) together with the 3, 6 or 12 month guarantee. The Buyer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and subject to paintwork and/or bodywork repairs that may have been carried out to it.
  4. 5.5. The seller will not be liable for the cost of recovery in any circumstances, this includes breaking down, cost of moving the vehicle to a garage to be repaired.
  5. 5.4. The seller takes no responsibility or liability if timing belts or timing chains brake or malfunction due to them not being changed or properly maintained as per to manufactures guidelines, It's the buyers responsibility to have checked that timing belts or timing chains are changed in accordance to manufacturers guidelines. The seller will take responsibility if they had the timing belt or timing chain changed before or as part of the contract between them and the buyer.

7.Returns

  1. 6.1 If a vehicle needs to be returned for repair or refund the cost will be upon the buyer not the seller.
  2. 6.2 If the Buyer is a person engaged in the motor trade, the Goods are sold on the understanding of "SEEN, TRIED AND APPROVED" and the Seller shall have no liability whatsoever. For the avoidance of doubt such Buyer shall not be considered a consumer afforded protection under the Consumer Rights Act 2015.

8 Deposits

  1. 7.1 Deposits are non refundable unless otherwise stated.