Terms of Business
1.1 'The Dealer' ("us") -- Bishop's Motor Company Ltd, 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 Distance Selling
2.1 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.
3.1 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.
4.1 The purchase price is the price of the Vehicle. In addition, the invoice may list additional items such as warranty, MOT etc.
5. Agreement of sale
5.1 Unless specifically agreed by the buyer and seller in advance, a Vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales will come with the implied terms set out in the Consumer Rights Act 2015 and in the case of a business buyer, the implied terms as set out in the Sale of Goods Act 1979. There is no implied warranty as to quality or fitness for purpose for motor dealers who buy cars from us.
6.1 When a deposit is paid on a Vehicle, the Customer is consenting to us undertaking all activities required to get the Vehicle ready for collection.
6.2 The payment of a deposit is the buyer entering into a contract to buy the Vehicle and our taking of the deposit is our contractual obligation to sell the Vehicle to you upon receipt of the full balance.
6.3 When a deposit is placed on a Vehicle and the Customer chooses to cancel the agreement, the deposit paid to us associated with the transaction will be forfeited. This does not apply where, for whatever reason, we cancel the agreement -- or we are in breach of it -- as in either case the deposit will be refunded in full.
6.4 At our discretion we may agree to transfer that deposit onto an alternative Vehicle - but we are not legally obliged to do so.
7. Part Exchange
7.1 If we have agreed to accept a part exchange Vehicle at an agreed value in part payment of the purchase price, we 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. This includes (but is not limited to) the Vehicle not having been used as a taxi, for private hire or racing.
* Delivered to our place of business before the Customer takes collection of the Vehicle being purchased.
* In the same condition on delivery as it was when it was examined before agreeing the part exchange valuation. This is subject to a final inspection at our premises at the time of handing over the Vehicle being purchased.
7.2 If the Customer fails to satisfy any of the above conditions, we 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 the Customer takes collection of the Vehicle.
7.3 We reserve the right to offer an amended value for the part exchange should issues be identified affecting the original valuation.
8. Delivery and Payment
8.1 The Customer shall be liable to pay the balance of the total purchase price of the Vehicle upon collection.
8.2 Unless otherwise agreed in writing, collection of the Vehicle shall take place at our premises.
8.3 As stated in Clause 2 above, we do NOT run an organised distance selling scheme and any "one off" agreement to deliver a vehicle to you will not grant you any cancellation period.
9. Repudiation by Customer
9.1 If the Customer does not pay for and collect the Vehicle within 14 days of notification that the Vehicle is available for collection, we 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 or by law, we reserve the right to sell the Vehicle to another person as well as to retain the deposit. This does not apply where, for whatever reason, we cancel the agreement -- or we are in breach of it.
10. Loss or damage
10.1 We shall be responsible for the loss of or damage to any Vehicle or its contents only if caused by negligence of us or our employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.
11. Retention of title and risk
11.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are collected and/or delivered into the physical possession of the Customer or their nominated representative.
11.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to us the full price that may be due to us under this contract -- such as for agreed "extras". Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the Goods solely as our agent and have no legal title until full payment has been received in cleared funds.
12. Authority to uplift
12.1 Where a person, who so far as we are aware, has the authority to uplift Vehicles and does so, we shall have no liability to the Customer for any loss or damage resulting in a loss to the buyer or the person undertaking the uplifting on any grounds whatsoever. It shall not be obligatory upon us to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
12.2 For the avoidance of doubt, any damage caused BY the Customer or by his agent, that causes loss to us will result in either the Customer or his agent (or both) being liable, depending on the circumstances.
13. Authority to drive
13.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of therein, we shall be entitled to drive the Vehicle on the road or elsewhere as it shall be deemed necessary. These provisions shall apply also to any Vehicle offered by the Customer in part exchange.
14. Vehicle specification
14.1 We make every effort to ensure all prices and Vehicle details on our website and in sales literature are correct. However, occasionally the specification can sometimes differ from that detailed. This is because our systems automatically lift the LIKELY features that the Vehicle will have from the manufacturers' website -- but you should place no reliance on them.
Customers MUST satisfy themselves that a Vehicle has a specific feature that is important to them before purchase.
This is why we urge you to thoroughly examine the Vehicle before you agree to buy it and to test drive and ask questions.
14.2 Prices, offers and details of Vehicles are subject to change without notification.
15.1 We reserve the right to make a charge of £20/day for the storage of Vehicles. However, we will give you no less than seven days written notice if we intend to start imposing such a charge.
16. Dispute resolution
16.1 In the event of a complaint or dispute that cannot be resolved informally by discussion, the Customer should, in the first instance, contact us in writing to the following address: Bishop's Motor Company Ltd, 3 Holly Close, Tetbury, GL88FS.
16.2 Where the Customer's complaint cannot be resolved, once the Customer has exhausted our 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. We are though not contractually obliged to agree to enter into ADR.
16.3 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 non-exclusive jurisdiction of the English Courts.
17. Faults and repairs
17.1 We reserve the right to conduct our own testing on any Vehicle, including any accessory or component thereof, before agreeing to any repair or refund (either in full or in part).
17.2 If a Customer contracts with a third party to undertake works or repairs on a Vehicle, we will not be liable for payment of such works unless we have expressly consented to do so in writing prior to the works being carried out, unless they are reasonably carried out in an emergency situation where it is not possible to obtain our express consent in writing.
17.3 We will not be held liable for any works or repairs carried out by a third party on any vehicle subject to the situation stated in Clause 17.2 above.
17.4 The Customer should make every effort to contact us prior to returning the Vehicle to us and obtain our consent before doing so - otherwise we will not be responsible for any charges incurred by the return or recovery of the Vehicle to us and you may have to pay our storage charges as set out in Clause 15 above.
These terms and conditions do not affect a Customer's statutory rights.