Terms and Conditions

 

Reference:

1

(a)

“The Company” & “The Seller” shall refer to Swanson Motor Company.

 

 

(b)

The order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation in writing by the Seller

Payment:

2

The initial payment having been paid upon the placing of this order the balance payable hereunder (or as the case maybe, the sum required to complete any initial payment to a Finance Company) is to be paid prior to delivery.

Delivery:

3

Delivery is to be taken at the Seller’s place of business within 7 days of notification to the Customer that the vehicle is ready for delivery.  The vehicle and other accessories ordered hereinafter referred to as “the goods” shall remain in beneficial ownership of the Seller until full payment for the goods had been received. The risk in the goods, however, shall pass to the customer upon delivery.

Delay in:

4

The Seller will use his best endeavours to secure delivery of the goods on the desired delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any causes whatsoever.

Forfeiture

Deposit:

5

If the Customer shall fail to take and pay for the goods within 7 days of notification as aforesaid the Seller shall be at liberty to treat the contract as repudiated by the Customer and thereupon the said deposit shall be forfeited and retained by the Seller without prejudice to the Seller’s right to recover from the Customer by way of damages any loss or expense which the Seller may suffer or incur by the reason of the Customer’s default and the Seller shall be entitled to dispose of the goods as he shall think fit and shall not be under any liability to account to the Customer for the price received therefore or for the said deposit or otherwise.

Trading in:

6

There the Seller agrees to allow part of the price of the goods to be paid by the customer delivering a used vehicle to the Seller, such used vehicle shall be delivered and accepted upon the following conditions:

 

 

(a)

That, after examination at the time of this agreement by the Seller, it shall be delivered in the same condition as and when so examined

 

 

(b)

That where the used vehicle is the subject of a Deferred Payment agreement the Seller shall be entitled to make any such payment to the Finance Company as will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.

 

 

(c)

If this agreement is cancelled under clause 5, 6 (a) or 10 or for any other reason after the used vehicle shall have been delivered to the Seller, the matter may cancel the agreement to purchase the used vehicle provided that if the Seller shall before cancellation have sold or shall thereafter sell the used vehicle the Customer shall be entitled to the profit or shall bear the loss (as the case may be) on the reasonable selling expense shall be taken into account)

 

 

(d)

That if the goods to be delivered by the Seller through no default on the part of the Seller shall not be delivered to the Customer within 30 days after the date of this order for the estimated delivery date, where the date is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to the Customer of the goods.

Changes in

Used Vehicle

Values:

7

If between the date of the contract and the date of delivery of the goods to the Customer there shall be any significant change in the value of the Vehicle by reason of

 

 

(a)

A change in the market price of new vehicles or

 

 

(b)

A change in the rate of any relevant taxes or

 

 

(c)

A change in statutory provisions regarding Hire Purchase, Credit Sale, Conditional Sale or

 

 

(d)

Any other financial measures enacted or announced by H.M.Government

 

 

Then the agreed allowance shall not be binding on either party and the Seller shall not be bound to sell the vehicle identified therein unless a revised allowance, therefore, shall be agreed.  In addition the Customer shall be bound to purchase and the Seller shall not be bound to sell the vehicle unless a revised allowance for the Vehicle shall be agreed.

 

8

(a)

If after the date of this contract and before delivery to the Customer the Company’s recommended price for the vehicle or any of the accessories (exclusive of any appropriate taxes) shall be reduced below the price thereof as stated there shall be substituted for the price of such vehicle or accessory such reduced price (not exceeding the Company’s reduced recommended price) as is notified by the

Seller to the Customer.

 

 

(b)

If after the date of this contract and before delivery to the Customer there shall be an increase in the price (exclusive of any appropriate taxes) at which the Seller can obtain the vehicle and accessories the Seller shall be entitled to give notice of the amount of such increase to the Customer who in such event may cancel this contract notice. The retail price shall be deemed to be increased by the amount of such increase and this contract shall remain in full force and effect.

Change in model or specification:

9

(a)

If the Seller shall be unable to supply a vehicle of the model specified by reason of the Company ceasing after the date of this contract to produce or accept orders for vehicle of that model he shall give notice thereof, in writing to the Customer whereupon the Customer shall have the right to be exercised by notice in writing to the Seller within 7 days thereafter to require this contract to be amended by substituting in place of the model and the price therefore therein specified, another model then currently produced by the company at such price (not exceeding the Company’s then current recommended price of such model) as is currently quoted by the Seller for such model.  If the Customer shall give the Seller such notice as aforesaid this contract shall be amended accordingly and shall continue in full force and effect as so amended, any necessary adjustments to the amount of the initial payment being made between the parties. 

In the event of the Customer failing to give such notice as aforesaid within the time specified above the Seller will return to the Customer the amount of the initial payment and this contract shall forthwith determine and become null land void within any liability whatsoever on the part of the Seller.

 

 

(b)

No variation by the Company in the specification(s) or equipment of the vehicle described shall invalidate this contract or impose on the Seller any liability whatsoever

Notices:

10

Any notice given hereunder may be served personally or be left at the last known residence or place of business of the person to whom it is addressed or may be sent by post thereto, in which case notice shall be deemed to have been received in due course of post.

Deferred Payment

Transactions

11

In any case where the Customer states overleaf that he wished to take the goods on deferred payment terms the foregoing Conditions shall have effect wit the substitution of the order ‘order’ for the word ‘contract’ throughout.  Furthermore in any such case if the Finance Company concerned shall refuse the transaction this contract shall be cancelled without prejudice to Clause 6 (c) thereof.

 

12

The terms and conditions above do not abrogate or derogate from the rights afforded the Customer by the Sale of Goods Act 1979 and other statutory rights.

 

Newtabb Ltd

T/as Swanson Motor Company

Pottery Road

Kingsteignton

Newton Abbot

TQ12 3BN

01626 352000