Terms and Conditions of Vehicle Sales

Nothing herein contained is intended to affect nor will affect a Consumer's statutory rights under the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and the Re-Sale of Goods (Amendment) Act 1994 or the unfair Contract Terms Act 1977 or any amendment thereof.

1. DEFINITIONS AND INTERPRETATION

1.1 In these terms unless the context requires otherwise:

1. a) ‘Vehicle' means the motor vehicle and any parts, accessories and extras detailed in the Order (subject to clauses 5.4 and 5.5).
   

2. b) 'Part Exchange Vehicle' means the used vehicle (if any) offered by the Consumer in part exchange for the Vehicle, details of which appear on the Order under the heading 'Part Exchange Vehicle' or similar.
   

3. c) 'Order' means the order set out overleaf for the purchase of the Vehicle.
   

4. d) ‘Accessory' means an extra or accessory detailed in the Order.
   

5. e) ‘Trader' means the Trader (Gotham Bespoke Ltd) and includes its successors and
   assigns.
   

6. f) ‘Consumer' means the person, firm or company placing the Order.
   

7. g) ‘CRA 2015’ means The Consumer Rights Act 2015
   

8. h) 'Contract' means the contract 'or the sale and purchase of the Vehicle(s)
   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.
   

9. i) ‘Allowance' means the amount specified on the Order as allowed by the Trader against a Part Exchange Vehicle.
   

10. j) ‘Manufacturer' means the manufacturer of the Vehicle.
    

11. k) 'Estimated Delivery Date' means the estimated delivery date (if any) specified
    on the Order.
    

12. l) 'Encumbrance' includes (without limitation any interest or equity of any person, any
    mortgage, pledge, lien, assignment, hypothecation, security interest, title retention of any other security obligation or any agreement or obligation to create any of the foregoing.
    

13. m) ‘Completion' means the completion of the transaction, comprising the Trader's delivery of the Vehicle, and the Consumer delivering the Part Exchange Vehicle in accordance with clauses 9.3 and 9.5.
    

14. n) ‘Sales information’ means the sale information provided by the Trader and not the manufacturer.
    

1. 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
   

2. 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 Trader
   

2. FORMATION OF CONTRACT

1. 2.1 The Order is the Consumer's offer to purchase the Vehicle upon these terms. The
   Contract is formed upon the Trader accepting that offer by signing and dating the
   Order.
   

2. 2.2 The Contract is personal to the Consumer, who shall not assign the benefit of the
   Contract without the prior written consent of an authorised representative of the Trader.
   

3. 2.3 The Sales Information provided by the Trader will form part of the Contract but not otherwise.
   

3. CANCELLATION AND DEPOSITS
3.1 Unless entitled to do so under clause 4.5, clause 5.3 or clause 14, the Consumer may not

cancel the Contract without the prior written agreement of an authorised representative of the Trader. If the Consumer seeks to cancel the Contract in any other manner, the Trader may retain any deposit paid (without prejudice to its other rights and remedies). If the Consumer cancels under clauses 4.5, and 5.3 the Trader shall return to the Consumer any deposit paid and thereafter shall have no further liability to the Consumer under the Contract.

3.2 A deposit amount of £200 will be paid from the Consumer to the Trader for the chosen vehicle, this deposit will result in the vehicle being taken off the market and marked as Reserved and all advertising of said vehicle will cease. This deposit will then be accompanied with a specified date of viewing or collection, should the Consumer cancel or fail to attend without prior warning (within 24 hours) an agreed and scheduled viewing or appointment, then the deposit will be retained by the Dealer.

4. DELIVERY

1. 4.1 Unless otherwise specifically agreed in writing 'delivery' means the Trader's making
   the Vehicle available at the Trader's premises for collection by the Consumer. Risk in
   the Vehicle shall pass on delivery. The Dealer is not obliged to pay for delivery. The Dealer can organise a third part transportation/ delivery service should this be agreed upon by the Dealer and Consumer.
   

2. 4.2 The Estimated Delivery Date is an estimate only. Time of delivery is not of the
   essence of the Contract. The Trader 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.
   

3. 4.3 As soon as the Vehicle is ready for collection, the Trader shall inform the Consumer who shall then have seven days in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the Vehicle.
   

4. 4.4 The Consumer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full, and if he fails to pay, the Trader shall be entitled to treat the Contract as repudiated by the Consumer. Until the Contract is so terminated the Trader may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Trader 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 Trader treats the Contract as repudiated by the Consumer, the Trader may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Consumer and sell the Vehicle and retain the proceeds of the sale.
   

5. 4.5 If the Trader fails to deliver the Vehicle within thirty days after the Estimated Delivery Date the Consumer may give seven days' notice to the Trader requiring delivery. Failing such delivery the Consumer may cancel the Contract. If the Vehicle is a new vehicle, the Trader may at any time cancel the Contract if the Manufacturer ceases to make that type of vehicle.
   

6. 4.6 Alternatively, if the Trader fails to deliver the vehicle within a reasonable time after delivery of the vehicle from the manufacturer the rights of the Consumer are not effected under the CRA 2015.
   

5. PRICE AND PRICE VARIATION

1. 5.1 The Trader 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 Consumer shall be bound to pay the price as so varied.
   

2. 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 Trader shall notify the Consumer:

   1. a) if a price increase, of the amount of any such increase the Trader intends to pass on to the Consumer by increasing the Purchase Price; or
      

   2. b) if a price reduction, the amount by which the Trader intends to reduce the
      Purchase Price (or that no reduction is intended).
      

3. 5.3 The Consumer may cancel the Contract:

   1. a) within fourteen days after the date of a notice under clause 5.2 (a); or
      

   2. b) within fourteen days after the date of a notice under clause 5 2 (b) if the amount by which the Trader intends to reduce the Purchase Price, as stated in such notice, is less than the amount of the reduction in the
      recommended price.
      

1. 5.4 If the Trader is unable to supply any Accessory (of whatever nature) the Trader
   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.
   

2. 5.5 The Trader's inability to supply any Accessory shall not constitute a breach of contract nor entitle the Consumer to repudiate the Contract or reject the Vehicle save that the Consumer’s rights to seek repeat performance from the Trader and to
   seek a price reduction under the CRA 2015 are not affected by this provision in the contract.

6 METHOD OF PAYMENT

1. 6.1 Unless otherwise agreed by the Trader (and in all cases other than a sale via a
   finance company pursuant to clause 8) the Consumer shall pay the Purchase Price in cash, debit card or bank transfer . Credit card payments are not acceptable unless specifically agreed in writing signed by an authorised representative of the Trader.
   

2. 6.3 An agreement to accept payment on credit terms shall be effective only if in writing signed by an authorised representative of the Trader. Any agreed credit period shall commence from date of delivery of a Vehicle and unless otherwise specified shall be seven days.
   

6.4 The Trader reserves the right at any time prior to payment to request banker's or any other references as to the Consumer's financial status. Failing receipt of satisfactory references the Trader may withdraw any agreement to receive payment otherwise than in cash on delivery.

7 USED VEHICLES
If the Vehicle is a used vehicle, the Vehicle is sold:

a) subject to any defects which the Trader has drawn to the Consumer's attention prior to the Consumer's placing the Order; and

b) subject to any defects which the Consumer discovered or ought reasonably to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Consumer has carried out such examination) and in that regard the Consumer acknowledges that he has been afforded the opportunity to examine the Vehicle. 

acknowledges that he has been afforded the opportunity to examine the Vehicle. 

8. WARRANTY DETAILS

8.1 All vehicles sold by the Dealer are sold with an external, 3 month (standard) or an 6 month (extended) warranty, the time period for warranty claims should the (standard) or (extended) warranty not cover respective fault will be 3 months or 1500 miles whichever comes first. The Third party warranty company will be issued and stated at the point of sale and all documentation will be given to the customer outlining policy details. For the warranty claims to be approved efficiently, a comprehensive diagnostic must be completed and sent to the Dealer in a timely manner and must lend to a clear and concise diagnosis of respecticve fault. The Dealer reserves its rights to gain secondary opinions on both diagnostics, pricing, and parts should the Dealer feel that this is appropriate.

9 LIMITS OF LIABILITY

9.1 The Vehicle is sold strictly on the terms that the Consumer has inspected the vehicle and has satisfied himself/herself of its suitability for his/hers purposes and of its satisfactory quality. The Consumer acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and representations made by the Trader to the Consumer do not form part of this Contract and that in respect of such specifications, details, forecasts and representations the Trader shall be under no liability nor shall the Consumer be entitled to any remedy under the provisions of the Misrepresentation Act 1967 as amended by the Consumer Protection (Amendment) Regulations 2014.

10. TERMINATION
Without prejudice to any of its other rights and remedies the Trader shall be entitled to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Consumer terminate the Contract at any time following the occurrence of any of the events specified in clause

11. FORCE MAJEURE
The Trader shall not be liable to the Consumer 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 Consumer to cancel the Contract and the provisions of clause 3.1 shall apply.

12 FINANCE ARRANGEMENTS

12.1 Notwithstanding the foregoing provisions of this Contract, the Consumer may, within seven days

after receiving notification that the Vehicle is ready for delivery, arrange for a finance company to purchase the Vehicle from the Trader for the Purchase Price upon the same terms (other than the identity of the Consumer) as this Contract. Upon payment of the Purchase Price the finance company so introduced shall be deemed to be the Consumer of the Vehicle (and all references to the Consumer shall be construed accordingly) and the Trader 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 Consumer first named in the Order being deemed to be effective delivery to the order of the finance company).

13 PART EXCHANGE VEHICLE

13.1 The provisions of this clause 9 shall apply if the Consumer has proffered a Part

Exchange Vehicle. Where the Trader agrees to allow part of the Purchase Price to be discharged by the Consumer's delivering to the Trader 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 Consumer and the Trader) on the conditions set out in clauses 9.2 to 9.7 (both inclusive).

13.2 The Consumer passes to the Trader good title to the Part Exchange Vehicle either:

1. a) free from Encumbrances; or
   

2. b) If there are Encumbrances on the Part Exchange Vehicle but all are capable of
   cash settlement, instead of applying the whole of the Allowance towards payment of the Purchase Price, the Trader will apply the Allowance (up to the whole amount) 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 Trader has received the Part Exchange Vehicle and made delivery of the Vehicle to the Consumer.
   

3. c) The Trader has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place; and b) the condition of the Part Exchange Vehicle as delivered to the Trader before or at the time of delivery of the Vehicle to the Consumer is substantially the same as that existing at the time of the Trader's examination (fair wear and tear excepted).

COMPLAINTS PROCEDURE

14 If you wish to make a complaint about our services please contact us via email at sales@gothambespoke.co.uk