Terms of Business
Terms of Business
Terms and Conditions of Business
1.1 'The Dealer' - Vehicle Body Repairs Swindon Ltd t/a Bishop's Motor Company, the person who is the vendor of the Goods to the Customer
1.2 'The Customer' - the person contracting for Goods and services to be supplied by the Dealer.
1.3 'Consumer', a Customer being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession
1.4 'Goods' means all Vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.5 'Vehicle' includes any car or van and generally each and every accessory to and component thereof.
2. Whole Contract
2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.
3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in the full force and effect.
5.1 The purchase price is the price of the Vehicle. In addition, the invoice may list additional items such as a warranty, delivery etc.
6. Agreement of sale
6.1 A Vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Act 1979/Consumer Rights Act 2015), is sold subject to any conditions or warranties that are implied by the Sale of Goods Act 1979/Consumer Rights Act 2015 or any amended statutes.
6.2 Prior to signing the sales agreement, the Customer shall examine the Vehicle. The Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Act/Consumer Rights Act 2015 do not operate in relation to such defects:
· which the Customer's own examination ought to reveal
· have been notified to the Customer by the Dealer before signing the agreement
7.1 When a deposit is paid on a Vehicle, the Customer is consenting to the Dealer undertaking all activities required to get the Vehicle ready for collection.
7.2 When a deposit is placed on a Vehicle and the Customer chooses to cancel the agreement, the deposit paid to the Dealer associated with the transaction will be forfeited.
8. Part Exchange
8.1 If the Dealer has agreed to accept a part exchange Vehicle at an agreed value in part payment of the purchase price, it shall only be bound to do so if the part exchange Vehicle is:
· Clear of any finance agreements, charges or other encumbrances which the Customer did not disclose to us before the date of the agreement
· Delivered to the Dealer's place of business before the Customer take collection of the Vehicle
· In the same condition on delivery to the Dealer as it was when it was examined before agreeing the part exchange valuation. This is subject to a final inspection at the Dealer's premises at the time of handing over the Vehicle to the Customer.
8.2 If the Customer fails to satisfy any of the above conditions, the Dealer will not be obliged to accept the part exchange Vehicle or to allow the part exchange valuation against the purchase price and the Customer may be required to pay the full purchase price before you take collection of the Vehicle.
8.3 The Dealer reserves the right to offer the Customer an amended value for the part exchange should issues be identified affecting the original valuation.
9. Delivery and Payment
9.1 The Customer shall be liable to pay the balance of the total purchase price of the Vehicle immediately upon delivery.
9.2 Unless otherwise agreed in writing delivery of the Vehicle shall take place at the Dealer's premises.
10. Repudiation by Customer
10.1 If the Customer does not pay for and take delivery of its Vehicle within 14 days of notification that the Vehicle is available for collection, the Dealer shall be at liberty to treat the contract as cancelled and the deposit will be forfeited. If this happens or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer reserves the right to sell the Vehicle to another person.
11. Loss or damage
11.1 The Dealer shall be responsible for the loss of or damage to any Vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.
12. Retention of title and risk
12.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.
12.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the Goods solely as agent of the Dealer.
13. Right of lien
13.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.
14. Authority to contract
14.1 Goods supplied by the order of any person in the Customer's employment or by any person reasonably believed by the Dealer to be the Customer's agent or by any person to whom the Dealer is entitled to make delivery of the Vehicle shall be paid for by the Customer.
15. Authority to uplift
15.1 Where a person, who so far as the Dealer is aware, has the authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
16. Authority to drive
16.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of therein, the Dealer shall be entitled to drive the Vehicle on the road or elsewhere as it shall be necessary. These provisions shall apply also to any Vehicle offered by the Customer in part exchange.
17. Vehicle specification
17.1 The Dealer makes every effort to ensure all prices and Vehicle details on this website and in sales literature are correct. However, occasionally the specification can sometimes differ from that detailed. Customers should satisfy themselves that a Vehicle has a specific feature that is important to them before purchase.
17.2 Prices, offers and details of Vehicles are subject to change without notification.
18.1 All written notices given to the Customer by the Dealer shall take effect 24 hours after being dispatched by the Dealer in the normal course of post to the Customer's address shown on the order or invoice.
19.1 The Dealer reserves the right to make a charge of £25/day for the storage of Vehicles
20. Dispute resolution
20.1 In the event of a complaint or dispute, in the first instance the Customer should contact the Dealer in writing, by registered post to the following address:
Bishop's Motor Company
Hawkesworth Industrial Estate
20.2 Where the Customer's complaint cannot be resolved, once the Customer has exhausted the Dealer's internal process, we may consider using Alternative Dispute Resolution to resolve a complaint. If we cannot agree on a resolution then we will provide you with information on an ADR provider who may be able to assist in resolving any complaints.
20.3 Where any dispute cannot be resolved through ADR, a contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
21. Faults and repairs
21.1 If a Vehicle develops a fault, in the first instance the Customer shall contact the warranty company, details of which can be found in the Customer's warranty booklet.
21.2 Should a fault not be covered by the Customer's warranty, the Dealer reserves the right to conduct its own testing on any Vehicle before agreeing to any repair or refund.
21.3 If a Customer contracts with a third party to undertake works or repairs on a Vehicle, the Dealer will not be liable for payment of such works unless it has expressly consented to do so in writing prior to the works being carried out.
21.4 The Dealer will not be held liable for any works or repairs carried out by a third party on any vehicle.
21.5 Should the Customer request a refund, it is the responsibility of the Customer to return the Vehicle to the Dealer's premises.
22. Distance selling
22.1 We do not operate an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013. Therefore, even if you choose to not view your vehicle at our premises prior to purchase, you will not be entitled to cancel your order under any 14 day cancellation period.
These terms and conditions do not affect a Customer's statutory rights.