Terms and Conditions
Please
take time to read the following important information. Please note
that this information is in no way intended to replace the full
terms of the Services Agreement and the Supplier Agreement set out
below which You should read in full. We provide an intermediary
service by which You can order Vehicles from third party suppliers.
You will therefore be entering into two separate arrangements: an
agreement with Us to provide You with the intermediary services
and an agreement with the Supplier to provide You with the Vehicle.
Midasvehicle.com
is a trading name of Midas Vehicle Management Limited. You may
contact Us by emailing enquiries@midasvehicle.com or by writing
to Midas Vehicle Management Ltd, Warwick Mill, Carlisle, Cumbria,
CA4 8RR. Our telephone number is 01228 564456 or should you wish
to fax us 01228 564457.
Purchase
Order
Were You to decide to order a Vehicle through Us, We would
act as Your intermediary to facilitate the transaction. Below
We outline the terms and conditions that would apply were You
to order a Vehicle through Us. By signing the Purchase Order,
You agree to be bound by the Services Agreement and the Supplier
Agreement applicable to Your order without separately signing
those agreements. Should You enter into a Finance Agreement, you
will be entering into a separate agreement with a Finance Company
governing the sale and finance of the Vehicle which will apply
instead of the Supplier Agreement, but the Services Agreement
will continue to apply to those aspects of the Services that are
separate to the Finance Agreement.
Complaints
handling
We are committed to customer service. Should You have any
complaint about the Services, We are committed to resolving complaints
in a fair and effective manner. Please inform Us by emailing enquiries@midasvehicle.com
or by writing to Midas Vehicle Management Ltd, Warwick Mill, Carlisle,
Cumbria, CA4 8RR, should you have any complaint about Our Services.
We are committed to acknowledging Your complaint within 2 working
days of receipt and undertaking all reasonable efforts to resolving
it promptly under the circumstances. We will provide You with
a time scale for resolving the dispute and keep You regularly
updated with respect to Our progress.
As
described in the Services Agreement and the Supplier Agreement,
We act as Your intermediary in facilitating Your purchase of a
Vehicle from a Supplier. This means that in many circumstances
resolution of Your dispute may not be within Our control. As Your
intermediary, We will liase on Your behalf with Suppliers to ensure
that Your concerns are heard.
If
Your complaint relates to any issues that are specifically addressed
by the Services Agreement or the Supplier Agreement, the specific
terms and procedures set forth in those agreements will apply
to Your complaint. This includes but is not limited to any complaints
concerning delays or the condition or Options of Your Vehicle
upon delivery.
If
You would prefer Us to fax or e-mail You a copy of the agreement
relevant to your purchase, please let us know. You can call our
customer services team on 01228 564456.
SERVICES
AGREEMENT
Please read the terms of this Services Agreement carefully,
as it contains significant information about Your rights and duties
as Our customer. By signing the Purchase Order, You agree to the
terms of this Services Agreement. It is very important to Us that
You as Our customer understand and agree to the terms of Our relationship
(so please read on). In the event of any inconsistency, Your rights
as a UK consumer prevail over the terms of this Services Agreement.
1
Introduction
1.1
You have visited the Site or contacted Us by telephone and wish
to purchase a Vehicle using Our Services on the terms of this
Services Agreement, which You accept and agree.
1.2 By agreeing to the terms of this Services Agreement,
You authorise Us to act on Your behalf to place an order for the
purchase of a Vehicle from a Supplier and to arrange for delivery
of the Vehicle on the terms of the Supplier Agreement.
1.3 This Services Agreement is concluded in the English
language. We will retain a copy of this Services Agreement and
We will provide You with a copy (which You should read and retain)
when We send the Purchase Order to You.
2 Our Site
2.1
Our Site is a place for You to view from the comfort of Your own
home or work place details of Vehicles being offered for sale
by Suppliers.
2.2 We will post details of various Vehicles on the Site
with Our on-the-road prices and estimated delivery dates to the
Supplier based on information We have received from Suppliers.
2.3 We are reliant on third parties, and in particular
Suppliers, for the information provided on the Site and We neither
assume responsibility for, nor accept any liability in relation
to, any technical inaccuracies or typographical errors and omissions
on the Site. We aim to resolve these with You once they come to
Our attention, but You agree that We are not liable for any such
error.
2.4 Although care has been taken to ensure the accuracy
of the information provided in relation to the Services and on
the Site, including information relating to Vehicles and estimated
delivery dates, all information is provided without representation
by Us.
2.5 The Vehicle models pictured on the Site are indicative
of the model generally, and may include optional extras, and should
not be taken as representing any Vehicle You may choose. As indicated
below, should You decide to purchase a Vehicle, You should review
the exact Options on the Purchase Order, as these will govern
Your purchase.
2.6 Although We strive to supply all Vehicles listed on
the Site, because We source Vehicles from the open market certain
Vehicles may not be available at certain periods and Vehicles
that are in stock are sold on a first come, first served basis.
The Supplier will not accept Your order until We receive cleared
funds in the amount of the required deposit in accordance with
Clause 4 of this Services Agreement.
3
Ordering process
3.1
If You have indicated that You are interested in a Vehicle and
that Vehicle is available, We will send You a Purchase Order.
If the Vehicle you are interested in is not available, We will
contact You to provide possible alternatives. The estimated delivery
time in Your Purchase Order represents Our best estimate at that
time of the time it will take for the Vehicle to be delivered
to Your door. This is based on information provided by the Supplier
and may be subject to manufacturer and other delays and You acknowledge
that such delivery is likely to occur later than 30 days after
You return the Purchase Order to Us.
3.2 If You decide to purchase a Vehicle, You should review
and sign the Purchase Order and return it to Us. By signing the
Purchase Order, you will be agreeing to purchase a Vehicle from
the Supplier with the Options and at the Price according to the
terms of this Services Agreement and the Supplier Agreement. Please
review these documents carefully before signing the Purchase Order,
as they will govern Your relationship with the Supplier and Us.
You acknowledge that once We have commenced provision of the Services
after receipt of Your Purchase Order We will incur certain costs
that will not be refundable in the case of a cancellation, even
where the cancellation is allowed under Clause 7 of this Services
Agreement.
3.3 Depending on the options requested and manufacturer
requirements, a minimum deposit of £500 will be required.
Should there be a requirement for an increased deposit You will
be advised prior to signing the Purchase Order and the exact amount
will contained within. We must receive Your deposit payment at
the same time as We receive Your signed Purchase Order.
3.4 After We have received Your deposit payment and a signed
copy of the Purchase Order, but not before, We will place Your
order with the Supplier on Your behalf. We will confirm receipt
of these documents and the placement of Your order by email to
the e-mail address provided by You. We will not be liable to You
for any refusal by the Supplier to accept Your order, save that
We will be liable to return Your deposit.
4
Prices and Payment
4.1
All Monthly payment prices quoted are Contract Hire unless stated
otherwise and are subject to VAT at the prevailing rate unless
stated otherwise. Prices quoted for Nearly New vehicles include,
number plates, 12 months Road Fund Licence and the First Registration
fee. Should Our Supplier vary any of these terms on a specific
vehicle, you will be advised prior to signing the Purchase Order
form and the exact details will contained within. Please note
that merchants' fees may be payable in addition to the Price in
accordance with Clause 4.8 of this Services Agreement.
4.2 Prices on the Site are for information purposes only
and do not constitute an offer by Us or the Supplier capable of
acceptance by You. A contract will not exist between You and the
Supplier for the sale of a Vehicle until We have confirmed to
You that the Supplier has accepted Your order.
4.3 The Price will be valid for 48 hours from Your receipt
of the Purchase Order and You must return a signed version of
the Purchase Order and Your deposit to Us within this period to
maintain the Price.
4.4 By signing and returning the Purchase Order, You confirm
that You have carefully reviewed the Options and wish to purchase
a Vehicle with those Options at the Price stated in the Purchase
Order. After You sign and return the Purchase Order, the Options
and Price can only be changed by an amendment to the Purchase
Order or in accordance with the Supplier Agreement, and in cases
where the Options are agreed to be changed We will enter into
an amendment with You. Any such amendment must be signed by You
and returned to Us within 5 working days of the date it was sent
to You.
4.5 We are authorised by the Supplier to receive payment
on its behalf and payment of the balance due on the Vehicle must
be made within 5 working days of Us sending you the final invoice.
4.6 Payment must be made by bank transfer to Our account,
Midas Vehicle Management Ltd with HSBC (Sort code 40-30-22, Account
number 81387979) (the "Account"). The Supplier will
not accept Your order until We receive cleared funds into the
Account in the amount of the required deposit.
4.7 Deposit and final payments can be made via bank transfer
to the Account, or debit or credit card. Where fees are applied,
particularly in the case of credit card, these will be passed
onto You in addition to the Price. (Please note that prices on
the Site do not include these merchant fees.) Where payment is
made by credit or debit card the relevant consumer and credit
legislation will apply. We and/or the Supplier will perform a
validation check and authorisation check with the card issuer
and the Supplier has the right to refuse Your order where the
card issuer refuses to authorise payment or where We or the Supplier
have any other concerns about Your payment.
5
Liability
5.1
Our role is that of broker to Your purchase of the Vehicle and
Our sole obligation is to pass the Purchase Order on to the Supplier
and therefore We accept no responsibility for any loss incurred
by You arising out of the contract between You and the Supplier
and purported arrangements relating to the supply of any Vehicle,
save to the extent that such loss is caused by Our negligent act
or omission.
5.2 We do not guarantee the title, quality or performance
of any Vehicle. We will bear no responsibility if You are not
satisfied with the Vehicle purchased but will liase on Your behalf
with the Supplier if You have any complaint.
6
Delivery/Registration
6.1
We will arrange with You delivery of the Vehicle to Your home
or office in line with the type of delivery You have stated in
your Purchase Order and the type You have paid for. While We will
arrange delivery, the Supplier will typically undertake the actual
delivery itself. In such circumstances We accept no responsibility
or liability for any Vehicle not delivered in accordance with
the delivery arrangements agreed with the Supplier, save where
such failure to deliver in accordance with delivery arrangements
is due to Our negligent act or omission.
6.2 If a delivery company or the Supplier increases the
cost of transportation We will pass this increase on to You.
6.3 Deliveries are restricted to mainland UK and the cost
of delivery is dependent on Your delivery address relevant to
the Supplier. If the Supplier is within 100 miles of Your home,
You agree that the Supplier may drive the Vehicle to You without
Your consent.
6.4 Local registrations are not possible.
6.5 If You choose to sell Your existing transportation
before You have taken delivery of Your Vehicle We cannot be held
responsible for any length of time You may be without transportation.
7.
Cancellations
7.1
Under the Consumer Protection (Distance Selling) Regulations 2000
You have a right to cancel Your use of Our Services for any reason
without charge. This cancellation right begins on the date We
agree to commence provision of the Services (the "Acceptance
Date") and ends on the expiry of the period of 7 working
days beginning with the Acceptance Date (the "Cancellation
Period"). However, this right will not apply if We have with
Your agreement begun to perform the Services prior to the expiry
of the Cancellation Period.
7.2 If You cancel Your use of Our Services after the expiry
of the Cancellation Period (or after We have with Your agreement
begun to perform the Services prior to the expiry of the Cancellation
Period) then You will incur an administration fee of £250.
7.3 We will be entitled to cancel this Services Agreement
if You materially breach any of its terms, including failure to
make any payments when due. In such event You agree to forfeit
your deposit and You will also be liable to pay any additional
cancellation fee or costs that the Supplier charges.
7.4 Any cancellation of this Services Agreement will operate
to cancel Your order for the Vehicle and the Supplier Agreement.
8
Acceptance of Vehicle
8.1
The rights set forth in the Supplier Agreement will apply to acceptance
of Your Vehicle and any rights You may have relating to Your Vehicle
with respect to correction, compensation, or rejection.
9
Finance
9.1
Subject to Your status, if after signing the Purchase Order You
sign a Finance Agreement in relation to the Vehicle, the terms
of the Finance Agreement will replace the Supplier Agreement.
The standard terms of the Finance Agreement will be stated on
the agreement form that You will be asked to sign prior to the
making of the Finance Agreement.
9.2 The payment terms of the Finance Agreement will apply
instead of Clause 4 of this Services Agreement. Any deposit paid
pursuant to Clause 4 will be credited towards the deposit required
under the Finance Agreement.
9.3 The withdrawal and cancellation rights of the Finance
Agreement will apply instead of those contained in this Services
Agreement and the Supplier Agreement.
10
Data Protection
10.1
In the performance of this Services Agreement, We will collect
certain personal information relating to You (such as Your name,
address, bank or credit card details, telephone number and e-mail
address) ("Personal Information"), but We will not collect
or process sensitive personal information relating to You (such
as Your political or religious beliefs, racial or ethnic origin,
sexual life or health) without Your explicit consent.
10.2 Your Personal Information will be processed by Us
for the following purposes (collectively "the Purposes"):
10.2.1 the performance of this Services Agreement and the
Supplier Agreement;
10.2.2 to check Your credit record with any credit reference
agencies and for fraud prevention purposes (which will include
the supply of Your Personal Information to third parties for such
purposes) should You decide to apply for finance
10.2.3 We may use your Personal Information to keep you
informed by post, telephone, e-mail or other electronic means
about products and services which may be of interest to you. By
providing us with your Personal Information, you consent to being
contacted by these methods for these purposes. If you do not wish
to receive marketing information from us, please notify us by
e-mail at enquiries@midasvehicle.com.
10.3 For the Purposes, we may transfer or disclose Personal
Information to Our professional advisers and to such other parties
as we consider necessary or helpful in the administration of this
Services Agreement, the Supplier Agreement and any Finance Agreement
or if required by law or otherwise. Normally, the professional
advisors or other parties will be based either in the United Kingdom
or (if outside the United Kingdom) within the European Economic
Area.
10.4 By entering into this Services Agreement, You consent
to the processing and disclosure of the Personal Information.
You also agree that the Purposes for the processing may be amended
to include other uses or disclosures of Personal Information following
notification to You
10.5 We agree to keep all Personal Information in a secure
environment and will comply with the Data Protection Act 1998
and any other applicable data protection legislation currently
in force.
10.6 If You wish to update or correct any inaccuracies
in Your Personal Information or if You have any other comments
or complaints in relation to this Services Agreement or the Purchase
Order please let us know by e-mail to enquiries@midasvehicle.com.
10.7 Use of Cookies on Our Site
A cookie is a text-only string of information that a website transfers
to the cookie file of the browser on Your computer's hard disk
so that the website can remember who You are.
A cookie will typically contain the name of the domain from which
the cookie has come, the "lifetime" of the cookie, and
a value, usually a randomly generated unique number.
Two types of cookies are used on the Site:
1 Session cookies which are temporary cookies that remain
in the cookie file of Your browser until You close the browser.
2 Persistent cookies which remain in the cookie file of
Your browser for much longer (though how long will depend on the
lifetime of the specific cookie).
Cookies can help a website to arrange content to match Your preferred
interests more quickly. Most major websites use cookies. Cookies
cannot be used by themselves to identify You.
10.8 How We use cookies and what information We collect
Session
Cookies
To allow You to carry information across pages of Our Site and
avoid having to re-enter information. Persistent Cookies To help
Us recognise You as a unique visitor (just a randomly generated
number) when You return to Our Site and to allow Us to tailor
content or advertisements to match Your preferred interests or
to avoid showing You the same adverts repeatedly. Within research
surveys to ensure You are not invited to complete a questionnaire
too often or after You have already done so. To track whether
advertisements are clicked on by users. Third Party CookiesThird
parties serve cookies via this Site. These are used for the following
purposes:
- To compile anonymous, aggregated statistics that allow
Us to understand how users use Our Site and to help Us improve
the structure of Our Site. We cannot identify
You personally in this way.
- To serve advertisements on Our Site and track whether
these advertisements are clicked on by users.
10.9
Use of Web Beacons. Some of the pages on our Site may contain
electronic images known as web beacons (sometimes known as clear
gifs) that allow Us to count users who have visited these pages.
Web beacons collect only limited information including a cookie
number, time and date of a page view, and a description of the
page on which the web beacon resides. We may also carry web beacons
placed by third party advertisers. These beacons do not carry
any personally identifiable information and are only used to track
the effectiveness of a particular campaign.
10.10 Disabling/Enabling Cookies. You have the ability
to accept or decline cookies by modifying the settings in Your
browser. However, You may not be able to use all the interactive
features of Our Site if cookies are disabled. For information
about how to disable cookies in your browser please visit the
About Cookies website.
11
Warranties And Limitation Of Liability
11.1
Your warranties are as set forth in the Supplier Agreement.
11.2 Other than implied terms in favour of consumers under
legislation, all other warranties, conditions and other terms
implied by statute or common law are excluded from this Services
Agreement. However, nothing in this Services Agreement is intended
to limit or exclude Our liability for death or personal injury
or for fraudulent misrepresentation or any liability that may
not legally be limited or excluded.
11.3 We will not be liable for any loss of profits, anticipated
savings, loss of future business, or damage to Your reputation
or goodwill, whatsoever arising from the performance of this Services
Agreement.
11.4 Subject to Clause 11.2 of this Services Agreement,
Our total liability howsoever arising out of or in connection
with this Services Agreement will be limited to the Price of the
Vehicle supplied.
12
Force Majeure
12.1
Our performance under this Services Agreement will be excused
if We are unable to perform due to any cause beyond Our reasonable
control (including but not limited to any labour dispute, act
of God, war, act of terrorism, riot, civil unrest, fire, flood,
storm, or any computer or internet related failure, error or delay
(including in Your ability to access the Site).
13
Full Agreement
13.1
This Services Agreement (including any amendment to the Purchase
Order) constitutes the complete agreement between Us and You with
respect to the issues addressed herein and replaces and supersedes
any other express or implied agreements between Us and You with
respect to these issues. Any amendments or modifications to these
terms must be in writing. For the avoidance of doubt, the Finance
Agreement will be a separate agreement made between You and the
Finance Company and the Supplier Agreement is a separate agreement
made between You and the Supplier.
14
Notices
14.1
Any notice under this Services Agreement (including any amendment
to the Purchase Order) may be given by first class post, fax or
electronic mail to the address, fax number, notification via phone
or electronic mail address last notified by the recipient.
15
Assignments and Novation
15.1
We may at any time without prior notice to You cause all or any
part of Our rights, benefits and/or obligations under this Services
Agreement to be transferred to any associated or successor company
(including by way of a transfer of assets or shares) or to any
company to which We transfer all or a significant part of Our
assets by delivering to You a written substitution notice.
16
Complaints
16.1
If You have any complaint about Our performance, please contact
Our customer services department by writing to Midas Vehicle Management
Ltd, Warwick Mill, Carlisle, Cumbria CA4 8RR, or by email to enquiries@midasvehicle.com,
who will look into the complaint and attempt to resolve it.
17
Governing Law and Jurisdiction
17.1
This Services Agreement is governed by English law and You and
We hereby submit to the exclusive jurisdiction of the English
Court.
18
Statutory/Third Party Rights
18.1
Your statutory rights, including any rights You have as a consumer,
are not affected by anything in this Services Agreement. Third
party rights under the Contracts (Rights of Third Parties) Act
1999 are hereby excluded.
SUPPLIER
AGREEMENT
By
signing the Purchase Order, unless Clause 10 below applies, You
agree that in addition to the Services Agreement these terms and
conditions will apply to Your purchase of the Vehicle from the
Supplier. In the event of any inconsistency, Your rights as a
UK consumer prevail over these terms and conditions.
1
Order
1.1
You have decided to purchase a Vehicle from a Supplier using Us
to act as an intermediary on Your behalf in accordance with the
terms set forth in Your Services Agreement with Us. Unless otherwise
indicated, all capitalised terms used herein will have the same
meaning as in Your Services Agreement with Us.
1.2
By submitting a Purchase Order, You agree that these terms and
conditions will apply to the Supplier's supply of the Vehicle.
1.3
We are authorised by the Supplier to seek orders for Vehicles
and to receive payment of the Price on its behalf. 2 Vehicle Options
and Price
2.1
The Purchase Order will attach detailed Options and the Supplier
will order the Vehicle in accordance with these Options. By signing
and returning the Purchase Order, You confirm that You have carefully
reviewed the Options and wish to purchase a Vehicle with those
Options at the Price. After Your signed Purchase Order is accepted
by the Supplier, the Options and Price are fixed and may only
be changed as follows:
2.1.1 if You request changes to the Options, the Supplier
will make such changes where practicable. If it is not practicable
to make the requested changes, You agree to accept the Options
as originally ordered. Any amendments must be signed and returned
to Us within 7 days otherwise the Price may vary or a delay to
Your order may result;
2.1.2 if, between the date the Supplier accepts Your order
and the date we notify You that the Vehicle is ready for delivery:
2.1.2.1 the manufacturer changes the Options or model year
then You agree to accept the Vehicle with the changed Options
or model year and to pay any increases to the Price caused thereby.
However, if the increase is equal to or greater than 5% of the
Price, You will have the option to either pay the increase or
cancel the order and receive Your deposit back in full. If You
decide to cancel then the £150 cancellation fee referred
to in Clause 7.2 of the Services Agreement will not be payable;
2.1.2.2 the manufacturer increases its price for the Vehicle
for any other reason then You will be required to pay the price
increase. However, if the increase is equal to or greater than
5% of the Price, You will have the option to either pay the increase
or cancel the order and receive Your deposit back in full;
2.1.2.3 the cost of road fund licence or the rate of value
added tax increases then You will be required to pay the increased
amount.
3
Payment
3.1
The Supplier agrees that payment for the Vehicle will be arranged
through Our Account. The Supplier agrees that You will have satisfied
Your obligation to pay the Price of the Vehicle by paying it in
accordance with those arrangements.
4
Delivery, Delays and Title
4.1
The Supplier agrees to use all reasonable endeavours to deliver
the Vehicle to You within the time scale notified to You but time
will not be of the essence in relation to delivery and the Supplier
will not be liable to You for any delay in delivery.
4.2 Title to, and risk in, the Vehicle will remain with
the Supplier until it is either collected by Us for delivery to
You or delivered to You direct, whichever is the earlier.
4.3 You accept that on delivery the Vehicle may not be
totally clean and may have suffered wear and tear as a result
of the journey. You accept that the Supplier will not be liable
for such wear and tear unless it was caused as a direct result
of the Supplier's negligence.
4.4 Once Your Car is registered, should You request a delayed
delivery for any reason then the Supplier agrees to use all reasonable
endeavours to keep the Car at its premises. You agree to pay for
the Car in full and it will be held subject to a storage fee of
£90 per month.
5 Cancellations
5.1 The Supplier may cancel Your Purchase Order if any
of the following occurs:
5.1.1 the manufacturer ceases to make the type of Vehicle
You ordered;
5.1.2 the Purchase Order has been formed upon the basis
of a substantive error in relation to any term of the Purchase
Order including a typographical or mathematical error with respect
to the Price or Specification;
5.1.3 You materially breach any term of this Supplier Agreement,
including failure to make any payments when due; or
5.1.4 You fail, within 14 days of being asked to do so,
to nominate an address in mainland Great Britain for the Supplier
to deliver the Vehicle to You.
5.2 You may cancel Your Purchase Order if:
5.2.1 the Supplier materially breaches this Supplier Agreement;
or
5.2.2 the manufacturer increases its price by an amount
equal to or greater than 5% of the Price, as outlined in Clause
2.1.2 of this Supplier Agreement.
5.3 In addition, You have a right under the Consumer Protection
(Distance Selling) Regulations 2000 ("the Regulations")
to cancel Your order for any reason without charge. This cancellation
right begins on the date Your order is accepted by the Supplier
and ends on the expiry of the period of 7 working days beginning
with the day after the day on which You take delivery of the Vehicle.
Any monies You have paid will be returned. You will not have a
right to cancel if the Vehicle has been made to Your specification
or clearly personalised. However, this would only apply if You
wanted the Supplier to customise the Vehicle beyond the pre-defined
manufacturer specific options available.
5.4 If You exercise Your right under the Regulations to
cancel Your order after delivery of the Vehicle, You:
5.4.1 will at the Supplier's option either return the Vehicle
to the Supplier at Your expense or allow the Supplier to collect
the Vehicle from You. If the Supplier elects to collect the Vehicle
from You it will be entitled to charge you an amount equal to
its direct costs of recovery; and
5.4.2 must keep the Vehicle in a good condition until it
is either returned or collected, and this means that You may not
increase the mileage shown on the Vehicle's odometer by more than
150 miles compared with the mileage at the time of delivery.
5.5 You must when the Vehicle is returned or collected
provide to the Supplier the keys, V5 registration document and
all other documentation and items supplied with the Vehicle.
5.6 If the Vehicle has suffered any damage which was not
caused by Us or the Supplier, then You will still be entitled
to cancel Your order but We (on behalf of the Supplier) will be
entitled to reduce the amount to be refunded to You following
cancellation to compensate for the cost of repairing the damage
and/or any reduction in the Vehicle's value.
6
Acceptance of Vehicle
6.1
You will inspect the Vehicle on delivery to check that it does
not have any of the following: (i) (in respect of brand new Vehicles
only) mileage in excess of 200 miles on the clock (unless You
have waived this and are having the Vehicle driven to You); (ii)
any damage; or (iii) missing options to the Purchase Order or
any amendment thereto (as applicable). If any of the foregoing
exists, You will inform Us immediately at the point of delivery,
notate it on the delivery sheet and it will be corrected, except
that if there is structural damage We will return the Vehicle
to the Supplier for a refund of the Price.
6.2 Where a Vehicle is properly rejected under Clause 6.1
of this Supplier Agreement, We will arrange for collection of
the Vehicle from You until which time You agree to keep the Vehicle
in a safe and covered area.
6.3 Subject to any statutory remedies You may have, this
Clause 6 sets forth Your entire rights and remedies with respect
to acceptance of your Vehicle.
7
Warranties, Liability and Indemnity
7.1 The Supplier warrants that the Vehicle:
7.1.1 is owned by the Supplier and the Supplier is entitled
to freely sell it to You;
7.1.2 is of satisfactory quality;
7.1.3 is free from defects in materials or workmanship;
7.1.4 is not subject to any charges or other encumbrances;
7.1.5 complies in all respects with the Options unless
the manufacturer changes the model specifications or model year,
in which case the Supplier may supply the Vehicle with the changed
manufacturer specifications or model year and may pass on any
increase to the Price resulting there from to You in accordance
with (and subject to) Clause 2 of this Supplier Agreement;
7.1.6 (in respect of brand new Vehicles only) is brand
new and has not previously been driven (although may have necessary
movement mileage); and
7.1.7 has not had any structural repair work carried out.
7.2 Without prejudice to Clause 7.1 of this Supplier Agreement,
the Supplier further warrants that:
7.2.1 The manufacturer is the producer of the Vehicle for
the purposes of the Consumer Protection Act 1987.
7.2.2 The Vehicle is free from defects in materials and
workmanship for at least one year from the date of first registration
and You will obtain the benefit of the manufacturer warranty.
For the avoidance of doubt, this includes the right to reject
the Vehicle to the manufacturer and obtain a replacement.
7.3 Any inspection of the Vehicle before delivery will
not relieve the Supplier from liability under this Supplier Agreement
(including Clauses 7.1 and 7.2 of this Supplier Agreement), whether
or not such breach is identifiable on inspection.
8
Governing Law and Jurisdiction
8.1
This Supplier Agreement is governed by English law and You and
the Supplier hereby submit to the exclusive jurisdiction of the
English Court.
9
Statutory/Third Party Rights
9.1
Your statutory rights, including any rights You have as a consumer,
are not affected by anything in this Supplier Agreement. Third
party rights under the Contracts (Rights of Third Parties) Act
1999 are hereby excluded.
10
Finance
10.1
Subject to Your status, if after signing the Purchase Order You
sign a Finance Agreement with a Finance Company in relation to
the Vehicle, the terms of the Finance Agreement will replace this
Supplier Agreement. The standard terms of the Finance Agreement
will be stated on the Finance Agreement form that You will be
asked to sign.
The
terms used above have the following meanings:
"Finance
Company" Means the name of the finance means the company
which makes the offer of credit to you;
"Vehicle"
means a vehicle which You wish to purchase using Our Services;
"Options"
means the options applicable to the Vehicle;
"Finance
Agreement" means a financed agreement between You and
the finance company governing the sale and finance of the Vehicle;
"Price"
means the price for the Vehicle and associated costs as stated
in the Purchase Order;
"Purchase
Order" means the purchase order which We will send to
You which will include the Options, Price, delivery charges (if
applicable), estimated delivery date to the Supplier and other
details specific to Your purchase;
"Services"
means the intermediary services We provide to assist You to buy
a Vehicle from a Supplier;
"Services
Agreement" means the terms and conditions set out below
which govern Your use of the Services;
"Website"
means the midasvehicle.com website;
"Supplier"
means the third party supplier from whom We will order the Vehicle
on Your behalf;
"Supplier
Agreement" means the Supplier's terms and conditions
which will apply to Your purchase of a Vehicle;
"We",
"Our" and "Us" means Midas Vehicle
Management Ltd Trading as midasvehicle.com; and
"You"
and "Your" means you, Our customer.
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