Terms & Conditions
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1.1 Rhino Leisure Ltd (‘we’ , ‘our’) operate various Competitions resulting in the allocation of Prizes in accordance with these Terms and Conditions on the Website (‘Prize’ or ‘Prizes’) www.rhinoleisure.com (the ‘Website’) – (each and all such Competitions being referred to herein respectively as the ‘Competition’ or ‘Competitions’).
1.2 Rhino Leisure Ltd operates Prize Draw Competitions. You can enter via our Website or for free by post (as set out below) resulting in the allocation of Prizes in accordance with these Terms and Conditions.
1.3 Competitions are to be entered into by any ‘Entrant’.
1.4 All Entrants must create an account prior to entering into any Competitions with Rhino Leisure Ltd, supply an email address, a contact telephone number to be eligible to participate in the Competition.
1.5 Competitions are open to all persons who fit the following criteria: (i) Are aged 18 and over. (ii) A resident in the UK (iii) Not a direct employee of Rhino Leisure Ltd.
1.6 Each Competition will have a maximum number of entries. The maximum number of entries will be clearly stated next to the current ticket availability of each Competition.
1.7 Rhino Leisure Ltd reserves the right to refuse a customer’s entry at the discretion of Rhino Leisure Ltd staff or management and will not allow Entrants to qualify if any abusive or inappropriate behaviour towards any one person or towards Rhino Leisure Ltd directly in any way.
1.8 Qualifying Entrants warrant that all information which they submit is accurate, true, current and complete.
1.10 These Terms and Conditions apply to Competitions run by Rhino Leisure Ltd.
1.11 Should Rhino Leisure Ltd believe the Entrant has been in breach of any of these Terms and Conditions, we may, at our sole discretion, reserve the right to exclude them from participating in the Competition and any future Competitions.
2.1 By entering a Competition, the Entrant (‘they’ , their’) will be deemed to have the legal capacity to do so. They will have read, understood and accepted these Terms and Conditions and they will be bound by them and by any other requirements set out in any of Rhino Leisure Ltd’s related promotional material.
2.2 The Entrant also confirms that they are not breaking any laws in their country of residence regarding the legality of entering our Competitions. Rhino Leisure Ltd will not be liable for any Entrant entering any of our Competitions unlawfully. If in any doubt, any potential entrant should immediately leave the Website and check with the relevant authorities in their country.
2.3 The potential Entrant must come to their own decision through their own enquiries and legal advice before entering into any of Rhino Leisure Ltd Competitions. We will assume that the potential Entrant has completed this due diligence and has agreed to all Terms and Conditions before proceeding to enter any Competition.
2.4 All Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction. If the Entrant should participate in a Competition online via the Website, the Entrant does so by accepting these Terms and Conditions. Qualifying Entrants warrant that all information which they submit is accurate, true, current and complete.
2.5 All Qualifying Entrants entering into the Competition must acknowledge that their payment for each entry does not guarantee in any way that they will win the Prize. Rhino Leisure Ltd does not in any way guarantee the value of the Prize, neither do we imply or give any warranty or accept any valuation to the Prize, or guarantee the roadworthiness or condition in any way shape or form for vehicular Prizes.
3.1 All Qualifying Entrants will be deemed to have read and accepted the Terms and Conditions on the Website and agree to be bound by them.
3.2 The closing date for each Competition will be clearly posted on each Competitions respective page. However, should all available tickets have sold out before the specified closing date, the Competition shall be closed early.
3.3 All Competitions will be drawn on the draw date stated on the Competition page and will not be rolled over or extended. Regardless of ticket sales, the Prize will be won.
3.4 All Qualifying Entrants are solely responsible for providing accurate and current contact details to Rhino Leisure Ltd. Rhino Leisure Ltd will be in no way liable for any inability or inaccuracies with contact details or the lack of contact made by the winning entrant due to the Qualifying Entrant providing inaccurate contact details.
3.5 Availability and pricing of each Competition is at the discretion of the staff at Rhino Leisure Ltd and will be specified at or before the point of sale on the Website or social media.
3.6 All Entries will become the property of Rhino Leisure Ltd on receipt and will not be returned.
3.7 Once the Entry is submitted, the Entrant’s card payment will be electronically approved.
3.8 Qualifying Entrants may enter the Competition for free by sending their entry on a unenclosed hand written postcard in the post to the below address stating: (i) The Competition the Entrant wishes to take part in,(ii) the Entrants full name, postal address, email address, mobile phone number and date of birth. The address is: Rhino Leisure Ltd, 263-265, Links View Filling Station, Leasowe Road, CH45 8LW. All free entries must be received before the draw date of the relevant Competition. All details are required to be either typed or very clearly written. Rhino Leisure Ltd reserves the right to not enter Qualifying Entrants into the Competitions if the relevant member of staff cannot read the Entrants writing on their postal entry. If Rhino Leisure Ltd receives one letter through post containing multiple entries this will not comply with the above Terms and Conditions and will not be entered.
3.9 Entries can only be made for single Qualifying Entrants. Entries cannot be made on behalf of other parties. Rhino Leisure Ltd reserves the right to void any entries if they believe someone is using multiple names to enter a Competition more than the maximum number of entries per person for that specific Competition. This applies to both paid Entries via the Website and free Entries via post.
3.10 All Entries to the Competition are final and no refunds shall be made at any time or for any reason. Exceptions include: entries submitted after the closing date, when the maximum number of entries is reached when the Competition will close, as well as in the rare case that duplicate payments for a single order are authorised.
3.11 Occasionally from time to time, Competitions may oversell due to stock control limitations on the Website.
3.12 Rhino Leisure Ltd reserves the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, Rhino Leisure Ltd will return the entry fees to each Entrant either by bank card refund or by cheque and in one combined payment where several entries have been made by a Qualifying Entrant. Where the entry fee is returned, Rhino Leisure Ltd shall have no further liability to the Qualifying Entrant or to any other person.
3.13 Rhino Leisure Ltd will reserve the right to disqualify any entrant entirely at the discretion of the management of Rhino Leisure Ltd if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
3.14 All Entrants entering into the Competition must acknowledge that their payment for each entry does not guarantee in any way that they will win the prize.
3.15 Rhino Leisure Ltd do not accept responsibility for entries which we do not receive due to failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults or any other reason.
3.16 The Entrant agrees that the ‘Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013’ for any goods and services ordered online supplied within 30 days will not apply to any Competition or Prize on the Website.
4.1 Each Competition will run for a specified period with a set closing date being specified by Rhino Leisure Ltd. Each Competition may also close before its specified closing date if the maximum number of tickets are sold for each particular Competition.
4.2 Rhino Leisure Ltd reserves the right to offer an early bird (called early badger) style entrance price to encourage sales of tickets; this promotion period can be set and changed by Rhino Leisure Ltd at any time and can differ from one Competition to another. Please see each Competition for details of start and end times and dates of such promotional periods.
4.3 Rhino Leisure Ltd reserves the right to offer a rewards point system to reward loyalty and referrals. Any accounts found attempting to be abusing the scheme in any way, successful or not, in order to gain extra reward points will be banned from the Website. Customers setting up multiple accounts with an aim to refer to each other and take part in any other such activity are actively monitored and accounts engaging in this type of activity will be banned.
5.1 The winning Qualifying Entrant (The Winner) will be selected at random using a Random Number Generator, as chosen by Rhino Leisure Ltd, live on social media.
5.2 Due to the nature of Competitions, there will only be one Winner per Competition unless otherwise stated.
5.3 When the Competition is completed and the Prize is issued successfully, the prize will be arranged to be delivered to the Winner of the Competition.
5.4. An entry list will be posted on the Website after the closing date of all Competitions in a given week. This will be available to view on the Website before the draw is undertaken. The ticket numbers will also be emailed when the competition ends.
6.1 The details of each Competition’s prize can be found on the website on the relevant Competition’s pages. All Prizes are subject to the Terms and Conditions of the Prize provider, manufacturer or supplier.
6.2 Rhino Leisure Ltd take zero responsibility for the Prize awarded once delivered. Once the winner receives the prize, Rhino Leisure Ltd makes no guarantee that they will insure the prize. No insurance shall be assumed to be provided with any Prizes and Rhino Leisure Ltd cannot be held responsible for the Prize once handed over to the Winner.
6.3 All Prize expenses are the sole responsibility of the Winners and no costs will be deemed the responsibility of Rhino Leisure Ltd.
6.4 All Prizes will be deemed to be accepted and are non-transferable to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of Rhino Leisure Ltd.
6.5 A cash alternative at a rate offered by Rhino Leisure Ltd to the Winner may be available as an option instead of the agreed Prize if the winner should prefer. This is at Aspire Competitions discretion.
6.6. All Prizes are chosen and purchased by/on behalf of Rhino Leisure Ltd and this is the Prize the Winner will receive.
6.7. If the Prize is a vehicle:
(i) No insurance is included with the Prize and it is the Winner’s responsibility to make sure that the vehicle is adequately insured prior to taking it on the public roads (if it is legal to do so). (ii) Rhino Leisure Ltd has no responsibility for the Prize once it has been delivered. The Winner is solely responsible for complying with all relevant laws and regulations relating to the vehicle, its operation and ensuring they operate it in a safe and responsible manner. (iii) No vehicle/road tax is included. (iv) The Winner is responsible for making sure they have the necessary licences, qualifications, knowledge and experience to operate the vehicle safely and legally. (v) The Winner is solely responsible for making sure they have all necessary safety equipment and clothing (for example, helmets, boots and gloves) and for wearing them whilst operating the vehicle.
6.8 If the Prize is a holiday or event:
(i) The Prize description may specify the number of tickets included by what class of transport and type of carrier to which travel destination. Depending on the type of Prize, flexibility in the dates may be available for the Winner. The Prize will not include travel insurance, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the responsibility of the Winner(s). Cash supplement may be included in the Prize however this is the extent of the liability on Rhino Leisure Ltd. (ii) The Winner will be responsible for making sure that they, and any person other travelling with them, are available to travel, hold valid passports, any necessary visas and travel documents, for the holiday in question on the travel dates specified. Dates, once notified to the relevant party booking the date of the holiday, cannot be changed.
6.9 If the prize is a cash prize, the sum advertised as the Prize in the Competition will be transferred to a bank account of the Winner’s choosing once made known to Rhino Leisure Ltd.
7.1 Rhino Leisure Ltd decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described in our Terms and Conditions.
7.2 If the Winner cannot be contacted by the Rhino Leisure Ltd within 21 days of being notified of their status as the Winner by the e-mail, telephone or mail as supplied by the Winner in their entry, Rhino Leisure Ltd shall be entitled to award the Prize to the Entrant selected by drawing another winning entry at random in the same method as described above. The alternate Winner shall have 7 days from the winning notification of their status by Rhino Leisure Ltd to communicate their acceptance of the Prize.
7.3 Delivery to the Winner is arranged free of charge by Rhino Leisure Ltd to the registered address that the winner Provided with the Entry.
7.4 Rhino Leisure Ltd reserves the right to charge the Winner delivery fees should they want the Prize delivered anywhere other than the registered address as mentioned above.
7.5 All entrants agree to taking a winners picture, should they be declared a Winner, to be used on our Previous Winners page on the Website and on social media pages. We also may use any Winners’ pictures for 3rd party advertisements and media publications.
7.6 Rhino Leisure Ltd will either publish or make available information that indicates that a valid award took place. To comply with this obligation, Rhino Leisure Ltd will publish the name and winning number of the Prize Winners on the Website and send the name and winning number Prize Winners to any Entrants in accordance with part 8.1.
9.1 If death or personal injury unfortunately occurs, Rhino Leisure Ltd will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of Rhino Leisure Ltd, nor will their servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize, Rhino Leisure Ltd accept zero liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website.
9.2 It is the responsibility of each Qualifying Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.
9.3 Rhino Leisure Ltd will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.
9.4 An entry shall be declared void (without any refund being given) if the entrant engages in: (a) any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.
9.5 Rhino Leisure Ltd are the sole promoters and none of the prize draw Competitions are sponsored, run, or endorsed by any other party, company or individual including Apple or Facebook.
9.6 No part of these Terms and Conditions shall exclude the Entrant from making claims to the extent that they are exercising their statutory rights.
10.1 No responsibility will be accepted by Rhino Leisure Ltd for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. Rhino Leisure Ltd shall use its reasonable endeavours to award the Prize for a Competition to the correct Entrant.
10.2 If due to reasons of hardware, software or other computer related failure, or due to human error, the Prize is awarded incorrectly, Rhino Leisure Ltd reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to Rhino Leisure Ltd and/or pay Rhino Leisure Ltd for that Prize (at the option of Rhino Leisure Ltd).
10.3 Rhino Leisure Ltd shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons.
10.4 Rhino Leisure Ltd shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
10.5 For the avoidance of doubt, only the ticket recorded in our systems, however displayed or calculated, shall be entered into the relevant Competition and Rhino Leisure Ltd shall not be held liable for any Entries that occur as a result of malfunctioning software or other event.
11.1 The Entrant agrees that (a) the Website, the Competitions, and/or draws are for their own personal, non-commercial use, and (b) they are only allowed to use their account and the Website to enter Competitions draws via their account as set out in these Terms and Conditions.
11.2 The Entrant agrees that they will only use their account, enter Competitions, and access and/or use the Website in an appropriate and lawful manner. They will not (i) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (ii) knowingly and/or recklessly transmit any content (including, but not limited to, viruses) through the Website and/or Rhino Leisure Ltd’s software and IT systems which will cause, or be likely to cause, (a) detriment and/or harm, in any degree, to the Website, Rhino Leisure Ltd’s software and IT systems owned and/or operated by Rhino Leisure Ltd and/or others, and/or (b) loss of and/or damage to data, (iii) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from entering Competitions, and/or use the Website, and/or which is otherwise likely to damage the reputation and/or business of Rhino Leisure Ltd and/or of any third party in any way associated to Rhino Leisure Ltd, and/or (iv) authorise anyone to do the acts set out in part 11.2(i) – (iii).
11.3 The Entrant agrees to compensate Rhino Leisure Ltd for any and/or all costs, losses, damages and expenses which Rhino Leisure Ltd may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of their unlawful, wrongful and/or negligent access and/or use of their account, the Website and/or Rhino Leisure Ltd’s software and/or IT systems, and/or breach by them of these Terms and Conditions.
11.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
11.5 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of Rhino Leisure Ltd used on and/or in connection with the Website, the Competitions are trademarks of Rhino Leisure Ltd. Trademarks of third parties used on and/or in connection with the Website, the Competition are used for identification purposes only and may be the property of their respective owners.
11.6 No party, excluding Rhino Leisure Ltd, is permitted to (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions and/orebsite
12.1 In order to process, record and use the Entrants personal data, Rhino Leisure Ltd may disclose it to any of the following: (i) Rhino Leisure credit card processing company (ii) Any person to whom Rhino Leisure Ltd proposes to transfer any of Rhino Leisure Ltd rights and/or responsibilities under any agreement Rhino Leisure Ltd may have. (iii) Any person to whom Rhino Leisure Ltd proposes to transfer its business or any part of it. (iv) Comply with any legal or regulatory requirement of Rhino Leisure Ltd in any country. (v) Prevent, detect or prosecute fraud and other crime.
12.2 In order to process, use, record and disclose the Entrant’s personal data, Rhino Leisure Ltd may need to transfer such information outside the United Kingdom, in which event Rhino Leisure Ltd is responsible for ensuring that the Entrant’s personal data continues to be adequately protected during the course of such transfer.
12.3 All Entrants and the management team at Rhino Leisure Ltd recognise that Rhino Leisure Ltd may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to Rhino Leisure Ltd to administrate the Website and conduct the Competition with accordance to these Terms and Conditions.
12.4 The Entrant and the management team at Rhino Leisure Ltd also recognise that the staff at Rhino Leisure Ltd may (either by choice or at the request of a third party) disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons only.
13.1 Each Entrant should retain a copy of the latest Terms and Conditions for future reference.
Rhino Leisure Ltd
Registered in England & Wales under Companies Act 1985. Company No: 14623440
Rhino Leisure Ltd 263-265 Links View, Filling Station, Leasowe Road, CH45 8LW
Rhino Leisure HQ.
Rhino Leisure Ltd 263-265 Links View, Filling Station, Leasowe Road, CH45 8LW
Vehicle Sales Terms & Conditions
Definitions and Interpretation
1.Definitions and Interpretation
1.1 In these terms unless the context requires otherwise:-
“Accessory” means an extra or accessory detailed in the Order;
b. “Allowance” means the amount specified on the Order as allowed by the Seller against a Part Exchange Vehicle;
“Completion” means the completion of the transaction, comprising the Seller’s delivery of the Vehicle, and the Purchaser delivering the Part Exchange Vehicle in accordance with clauses 9.3 and 9.5;
“Contract” means the contract for the sale and purchase of the Vehicle;
e. “Encumbrance” includes (without limitation) any interest or equity of any person, any mortgage, pledge, lien, assignment, hypothecation, security interest, title retention or any other security obligation or any agreement or obligation to create any of the foregoing;
f. “Estimated Delivery Date” means the estimated delivery date (if any) specified on the Order;
g. “Manufacturer” means the manufacturer of the Vehicle;
h. “Order” means the order set out overleaf for the purchase of the Vehicle;
i. “Part Exchange Vehicle” means the used vehicle (if any) offered by the Purchaser in part exchange for the Vehicle, details of which appear on the Order under the heading “Part Exchange Vehicle” or similar;
j. “Purchase Price” means the price for the Vehicle (including, where applicable, Accessories, road fund licence, delivery, warranty, insurance, fuel, car tax and value added tax) current at the date of the Order;
k. “Purchaser” means the person, firm or company placing the Order;
l. “Seller” means the seller named overleaf and includes its successors and assigns; and,
m. “Vehicle” means the motor vehicle and any parts, accessories and extras detailed in the Order (subject to clauses 5.4 and 5.5).
1.2 Headings are for convenience only and do not affect the construction of the Contract; the masculine shall include all genders and the singular shall include the plural; any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
1.3 These terms together with the terms set out on the Order are the only terms of the Contract. No variation to the Contract is effective unless agreed in writing by an authorised representative of the Seller.
Formation of Contract
2. Formation of Contract
2.1 The Order is the Purchaser’s offer to purchase the Vehicle upon these terms. The Contract is formed upon the Seller accepting that offer by an authorised representative of the Seller signing and dating the Order.
2.2 The Contract is personal to the Purchaser, who shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Seller.
3.1 Unless entitled to do so under clause 3.2, clause 4.5, clause 5.3 or clause 14, the Purchaser may not cancel the Contract without the prior written agreement of an authorised representative of the Seller. If the Purchaser seeks to cancel the Contract in any other manner, the Seller may (without prejudice to its other rights and remedies) retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract. If the Purchaser cancels under clauses 3.2, 4.5, 5.3 or 14 the Seller shall return to the Purchaser any deposit paid and thereafter shall have no further liability to the Purchaser under the Contract.
3.2 If the Vehicle is purchased at a distance within the meaning of The Consumer Contracts (Information Cancellation and Additional Charges) Regulations2013, the Purchaser may within 14 days of delivery cancel the Contract and require the Seller to refund the Purchase Price. In this instance, the Purchaser must keep the Vehicle in a reasonable condition and return the Vehicle or make it available for collection and pay the Sellers reasonable costs of collection and the difference, if any, between the value of the Vehicle when returned and the Purchase Price.
4.1 Unless otherwise specifically agreed in writing ‘delivery’ means the Seller making the Vehicle available at the Seller’s premises for collection by the Purchaser. Risk in the Vehicle shall pass on delivery.
4.2 The Estimated Delivery Date is an estimate only. Time of delivery is not of the essence of the Contract. The Seller shall endeavour to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the Estimated Delivery Date.
4.3 As soon as the Vehicle is ready for delivery, the Seller shall inform the Purchaser who shall then have seven (7) days in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the Vehicle.
4.4 The Purchaser shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full in cleared funds, and if he fails to pay, the Seller shall be entitled to treat the Contract as repudiated by the Purchaser. Until the Contract is so terminated the Seller may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Seller in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the Purchase Price. If the Seller treats the Contract as repudiated by the Purchaser, the Seller may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Purchaser and sell the Vehicle and retain the proceeds of the sale. Release of the Vehicle by the Seller to the Purchaser is not confirmation by the Seller that the Purchase Price has been paid in full.
4.5 If the Seller fails to deliver the Vehicle within thirty (30) days after the Estimated Delivery Date the Purchaser may give seven (7) days’ notice to the Seller requiring delivery. Failing such delivery the Purchaser may cancel the Contract. If the Vehicle is a new vehicle, the Seller may at any time cancel the Contract if the Manufacturer ceases to make that type of vehicle.
Price and Price Variation
5.Price and Price Variation
5.1 The Seller reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund licence, car tax or value added tax between the date of the Order and the date of delivery and the Purchaser shall be bound to pay the price as so varied.
5.2 If before the date of delivery a change occurs in the Manufacturer’s (or relevant concessionaire’s) price for the Vehicle or any Accessory, the Seller shall notify the Purchaser:-
a) if a price increase, of the amount of any such increase the Seller intends to pass on to the Purchaser by increasing the Purchase Price; or
b) if a price reduction, the amount by which the Seller intends to reduce the Purchase Price (or that no reduction is intended).
5.3 The Purchaser may cancel the Contract:-
a) within fourteen (14) days after the date of a notice under clause 5.2(a); or
b) within fourteen (14) days after the date of a notice under clause 5.2(b) if the amount by which the Seller intends to reduce the Purchase Price, as stated in such notice, is less than the amount of the reduction in the Manufacturer’s price.
5.4 If the Seller is unable to supply any Accessory (of whatever nature) the Seller may at its option either:-
a) substitute a reasonable equivalent; or
b) delete the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in question.
5.5 The Seller’s inability to supply an Accessory shall not constitute a breach of contract or entitle the Purchaser to repudiate the Contract or reject the Vehicle.
Method of Payment
6. Method of Payment
6.1 Unless otherwise agreed by the Seller (and in all cases other than a sale via a finance company pursuant to clause 8) the Purchaser shall pay the Purchase Price in cleared funds by bank transfer. Credit and debit card payments are not acceptable unless specifically agreed in writing signed by an authorised representative of the Seller and may incur additional charges.
6.2 The Seller accepts payment by cheque only if the Seller receives the cheque at least five (5) clear banking days before the date on which delivery of the Vehicle is intended to take place. Payment shall not be deemed to have been made until cleared funds are received at the Seller’s bank.
6.3 An agreement to accept payment on credit terms shall be effective only if in writing and signed by an authorised representative of the Seller. Any agreed credit period shall commence from date of delivery of the Vehicle and unless otherwise specified shall be seven (7) days.
6.4 The Seller reserves the right at any time prior to payment to request banker’s or any other references as to the Purchaser’s financial status. Failing receipt of satisfactory references the Seller may withdraw any agreement to receive payment otherwise than in cash on delivery.
6.5 Interest will be charged to the Purchaser on all amounts remaining outstanding and unpaid after the due date for payment and/or on all sums due by way of damages for breach of the Contract at the rate of 2% per annum above the base rate of Lloyds TSB Bank plc from time to time in force and shall be calculated and accrue on a day to day basis from the date on which payment fell due until payment in full has been received by the Seller (whether made before or after judgement has been obtained). If no specific date for payment is set out in the Contract and credit terms have not been agreed the due date for payment shall be deemed to be the earlier of:-
a) the date of delivery of the Vehicle; and,
b) the date which is ten (10) days after notice from the Seller to the Purchaser that the Vehicle is ready for delivery.
6.6 Normally, amounts received from the Purchaser shall be applied in payment of the oldest debt but the Seller may at any time in its absolute discretion appropriate any payment it receives to such outstanding debt as the Seller thinks fit, notwithstanding any purported appropriation to the contrary by the Purchaser.
7.1 Notwithstanding delivery, until the Seller has received, in cleared funds, from the Purchaser payment of all sums (whether by way of Purchase Price or otherwise) payable to the Seller, whether under the Contract or any other contract, both beneficial and legal title to the Vehicle remain in the Seller.
7.2 Whilst title in the Vehicle remains in the Seller, the Purchaser:-
a) shall be in possession of the Vehicle as bailee of the Seller and entitled to use the Vehicle (and ‘use’ includes use in the ordinary course of the Purchaser’s business, as notified to the Seller at the time of Order, of letting out vehicles on hire terms) until the occurrence of the first of the events or dates specified in clause 7.3;
b) shall keep the Vehicle safe and in good condition and insure it for its full replacement value against all usual risks and shall forthwith upon receipt account to the Seller for any proceeds of such insurance, without deduction;
c) shall not without the Seller’s prior written consent use the Vehicle for self-drive hire, hackney carriage or taxi work, racing or off-road or green laneing or any other form of use not reasonably considered as normal domestic use, but the Seller shall be deemed to have given consent to self-drive hire where the Contract is on credit terms under clause 6.3 and the Seller had actual notice at the time of receiving the Order that the Purchaser intended to let the Vehicle out on self-drive hire in the ordinary course of its business;
d) shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the Seller’s title to the Vehicle;
e) irrevocably authorises the Seller’s representatives to enter any premises at which the Vehicle is situate for the purposes of inspecting the Vehicle and identifying it as the Seller’s property.
7.3 The Purchaser’s power of possession and use of the Vehicle shall terminate:-
a) on the date on which notice is given by the Seller under clause 7.4; and/or
b) if any of the following happens to the Purchaser:-
i) being an individual, he is unable to pay his debts within the meaning of Section 268 of the Insolvency Act 1986 or a petition is presented or order made for his bankruptcy or an interim order is made or, in Scotland, he is declared notour bankrupt;
ii) being a company, it is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or a petition is presented or a resolution proposed or passed for its winding up or dissolution or an application or order is made for the appointment of a liquidator or administrator or an encumbrancer takes possession of or a receiver is appointed over all or any part of its assets or undertaking;
iii) a distress, execution or other process is levied on his undertaking or any part of his assets and is not discharged within seven (7) days;
iv) he calls a meeting of or proposes or makes any arrangement or composition with all or any part of his creditors;
v) any event or process of like nature to those set out in paragraphs b (i) to (iv) above in any jurisdiction.
7.4 The Seller may by notice to the Purchaser revoke the Purchaser’s power of possession and use of the Vehicle:-
a) if the Seller has any doubt as to the ability or willingness of the Purchaser to pay to the Seller any sum on the due date; and/or,
b) if the Seller has reason to believe the Purchaser is in breach of any term of this or any other contract with the Seller.
7.5 Upon revocation or determination of the Purchaser’s power of possession and use of the Vehicle the Purchaser shall yield up the Vehicle in good condition to the Seller and (if so required by the Seller) at its own expense deliver the Vehicle to an address in the United Kingdom specified by the Seller and shall be deemed irrevocably to authorise the Seller to enter upon any of its premises with or without vehicles for the purposes of removing the Vehicle.
7.6 The repossession of the Vehicle by the Seller in accordance with this clause shall be without prejudice to all or any of the Seller’s rights or remedies against the Purchaser.
8. Finance Arrangements
8.1 Notwithstanding the following provisions of this Contract, the Purchaser may, within seven (7) days after receiving notification that the Vehicle is ready for delivery, arrange for a finance company to purchase the Vehicle from the Seller for the Purchase Price upon the same terms (other than the identity of the Purchaser) as this Contract. Upon payment of the Purchase Price the finance company so introduced shall be deemed to be the purchaser of the Vehicle (and all references to the Purchaser shall be construed accordingly) and the Seller will deliver the Vehicle to the order of such finance company (and all references to delivery of the Vehicle shall be construed accordingly, delivery to the Purchaser first named in the Order being deemed to be effective delivery to the order of the finance company).
8.2 If the Purchaser introduces the sale of the Vehicle to a finance company, as specified in clause 8.1, the provisions of this Contract as regards the Purchaser originally named in the Order shall then cease to have effect with the exception of the terms relating to the Part Exchange Vehicle (if any) which shall continue to have effect, with one variation; the Seller shall, on behalf of the Purchaser, account for the Allowance and any deposit paid under this Contract to the order of such finance company. The finance company shall thus be substituted as the Purchaser of the Vehicle hereunder.
8.3 The purchase of the Vehicle by the finance company at the request of the Purchaser shall not release the Purchaser from his obligations under clauses 10 and 12 to inspect the Vehicle and satisfy himself that the Vehicle is suitable for his purposes.
Part Exchange Vehicle
9. Part Exchange Vehicle
9.1 The provisions of this clause 9 shall apply if the Purchaser has proffered a Part Exchange Vehicle. Where the Seller agrees to allow part of the Purchase Price to be discharged by the Purchaser’s delivering to the Seller the Part Exchange Vehicle, the Allowance is given and received and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract between the Purchaser and the Seller) on the conditions set out in clauses 9.2 to 9.7 (both inclusive).
9.2 The Purchaser passes to the Seller good title to the Part Exchange Vehicle either:-
a) free from Encumbrances; or
b) if there are Encumbrances on the Part Exchange Vehicle but all are capable of cash settlement by payment of an amount not exceeding the Allowance, instead of applying the whole of the Allowance towards payment of the Purchase Price, the Seller will apply the Allowance or part of it as applicable towards settlement of any obligations to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested third parties to be made after the Seller has received the Part Exchange Vehicle and made delivery of the Vehicle to the Purchaser.
9.3 The Seller has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place; and the condition of the Part Exchange Vehicle as delivered to the Seller before or at the time of delivery of the Vehicle to the Purchaser is substantially the same as that existing at the time of the Seller’s most recent examination (fair wear and tear excepted).
9.4 Risk in and title to the Part Exchange Vehicle shall pass to the Seller on delivery.
9.5 Without prejudice to clause 9.3 the Purchaser shall deliver the Part Exchange Vehicle to the Seller within seven (7) days of notice to the Purchaser that the Vehicle is ready for collection.
9.6 If Completion takes place on a date which is more than thirty (30) days after the date of the Order, except when the delay is a direct result of the Seller’s act or default, the Seller reserves the right to reduce the Allowance by an amount equal to 2.5% of the Valuation for each completed period of thirty (30) days between the date of the Order and Completion.
9.7 If any of clauses 9.2 to 9.6 (both inclusive) are not fulfilled the Seller shall be discharged from any obligation to purchase the Part Exchange Vehicle or to make the Allowance and the Purchaser shall discharge the Purchase Price in full in cash.
10. Used Vehicles
10.1 If the Vehicle is a used vehicle, the Vehicle is sold:-
a) subject to any defects which the Seller has drawn to the Purchaser’s attention prior to the Purchaser placing the Order; and,
b) subject to any defects which the Purchaser discovered or ought to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Purchaser has carried out such examination) and in that regard the Purchaser acknowledges that he has been afforded the opportunity to examine the Vehicle.
Warranty and Producer Details
11. Warranty and Producer Details
11.1 If it is a new vehicle, the Vehicle is sold with the benefit of the Manufacturer’s warranty, the terms of which are specified in the service record and warranty booklet or other similar documentation issued from time to time by the Manufacturer, copies of which are available for inspection at the Seller’s premises. The benefit of such warranty is in addition to any statutorily implied warranty on the part of the Seller. Except where the Vehicle is delivered to the order of a finance company pursuant to clause 8, the Seller shall supply to the Purchaser a copy of the warranty terms on delivery of the Vehicle.
11.2 Unless otherwise specified by notice to the Purchaser, the producer of the Vehicle (for the purposes of Section 2 of the Consumer Protection Act 1987) is the Manufacturer.
Limits of Liability
12. Limits of Liability
12.1 The Vehicle is sold strictly on the condition that the Purchaser has inspected the Vehicle and has satisfied himself of its suitability for his purposes and of its satisfactory quality. The Purchaser acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and forecasts and representations made by the Seller to the Purchaser do not form part of this Contract and in respect of such specifications, details, forecasts and representations the Seller shall be under no liability nor shall the Purchaser be entitled to any remedy under the provisions of the Misrepresentation Act 1967.
12.2 The Seller’s total liability for the aggregate claims of the Purchaser arising out of a single act or default of the Seller (whether due to the Seller’s negligence or otherwise) shall not exceed the Purchase Price.
12.3 Nothing in this Contract shall be construed as limiting or excluding any liability of the Seller which may not by law be excluded.
13.1 Without prejudice to any of its other rights and remedies the Seller shall be entitled (without penalty) to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Purchaser terminate the Contract at any time:-
a) following the occurrence of any of the events specified in clause 7.3; and/or
b) if the Seller reasonably believes that the Purchaser is in breach in whole or in part of any warranty and/or representation made to the Seller including but not limited to that confirming that the Purchaser does not intend to resell the Vehicle for commercial purposes.
14. Force Majeure
14.1 The Seller shall not be liable to the Purchaser if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract. Failure to deliver the Vehicle by reason of any of the aforementioned contingencies shall entitle the Purchaser to cancel the Contract and the provisions of clause 3.1 shall apply.
Notices and General Provisions
15. Notices and General Provisions
15.1 No waiver of any of the Seller’s rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Seller. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Seller’s rights in relation to different circumstances or the recurrence of similar circumstances.
15.2 Any notice under these terms and conditions shall be properly given if in writing and sent by first class post or facsimile to the address of the intended recipient as stated in the Contract or to such address as the Seller and the Purchaser from time to time notify to each other as their respective addresses for service and shall be deemed served, in the case of postal notice on the expiry of 48 hours from the time of posting, and in the case of facsimile upon completion of the transmission by the sender.
15.3 Each of these terms and conditions and each paragraph hereof shall be construed as separate conditions; should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Seller’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective.
15.4 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any remedy or right of a third party which exists or is available apart from that Act.
15.5 This contract is subject to the law of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.