Terms & Conditions for the Supply and Purchase of Vehicles

  1. CONTRACT

(a) The order for sale of a motor vehicle by us (“Carlingo”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Carlingo.

(b) The order together with these terms and conditions evidences the contract between the parties. Before completing your order please ensure that the contract reflects what is agreed. If Carlingo agrees to changes it will confirm this to the Customer in writing. Carlingo’s legal duty is to provide the Goods as described (“the Goods”) to the terms of the contract.

(c) A person who is not a party to the contract may not enforce any terms of the contract unless this contract is lawfully transferred to them.

  1. DELIVERY

(a) Carlingo will provide an estimated delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Carlingo.

(b) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Carlingo has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Carlingo to the Customer only where agreed by Carlingo and at the Customer’s cost.

  1. PRICE AND PAYMENT

(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated overleaf has been paid in full in cleared funds. Time for payment shall be of the essence.

(b) Bank transfers and debit cards are acceptable means of payment. Credit card payments are acceptable up to a maximum of £500 for any vehicle purchase. For the avoidance of doubt, cash and bank drafts are not accepted as payment.

(c) Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Carlingo at the price payable hereunder. Carlingo shall not release the Goods until the Total Retail Price has been paid in full in cleared funds by the said finance company.

 

  1. FAILURE TO COLLECT GOODS

If the Customer fails to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(b) then Carlingo may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as wrongfully ended by the Customer and clause 12(b) will apply.

  1. PART EXCHANGE

In the event that Carlingo agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price

(“Allowance”) such agreement shall be subject to any warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:

(a) if any financial or other declared interests are capable of cash settlement Carlingo may elect to discharge such finance and interests and deduct expenditure from the exchange value offered;

(b) the used motor vehicle will be delivered in the same condition as at the date it was examined by Carlingo (fair wear and tear excepted) and with substantially the same mileage;

(c) the used motor vehicle shall be delivered to Carlingo upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, service invoices, warranty documentation and all other appropriate documentation and with the entire V5 registration document and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle has been delivered to Carlingo. If the V5 is not available we reserve the right to either refuse to accept the vehicle as part-exchange or to take a refundable deposit which will be returned to the customer when the V5 is handed over;

(d) ownership of the used motor vehicle shall pass absolutely on delivery to Carlingo;

(e) in the event that any of the warranties or declarations provided by (or on behalf of) the Customer in respect of the used motor vehicle prove to be incorrect or there is a breach of clause 5(b), Carlingo shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.

  1. CHERISHED NUMBER PLATE

Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods. The Customer and Carlingo will provide all reasonable assistance to each other to facilitate transfer of the registration.

  1. WARRANTY

Carlingo shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order.

  1. EXAMINATION OF GOODS AND RELIANCE

(a) Prior to signing the order form the Customer should examine the Goods to be purchased (if they are available for inspection) and the Customer is reminded that the condition of satisfactory quality required by law does not operate in relation to defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by Carlingo to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

(b) The Customer should satisfy itself as to the suitability of the Goods for its requirements and not rely upon Carlingo’s skill or knowledge regarding the Goods' fitness for any particular purpose or use.

(c)  Any pre-delivery work which we agree to carry out to the vehicle will be documented on the vehicle order form.

  1. CLAIMS

(a) The Customer’s legal rights: irrespective of any warranty Carlingo has offered, the Customer is entitled to exercise its statutory rights if the Goods are faulty at the time of their delivery.

(b) The Customer should contact Carlingo as soon as possible: The Customer should contact Carlingo as soon as he or she becomes aware of a problem with the Goods. A delay in reporting a problem may lead to unnecessary damage being caused to the Goods.

(c) Inspection of the fault: where the Customer believes the Goods to be faulty Carlingo reserves the right for the vehicle to be returned to the Carlingo premises where the Goods were purchased, as soon as possible for Carlingo to inspect. If there is a safety concern or the vehicle is not driveable, Carlingo may arrange to collect the Goods or to carry out an inspection off-site.

(d) Return of Goods: Any Goods which Carlingo agrees to refund should be returned by the Customer to the Carlingo premises where the Goods were purchased. If they are not drivable Carlingo may arrange collection.

(e) Refunds where Carlingo has accepted a part-exchange vehicle: Where Carlingo gives the Customer a full refund but part of the price has been paid by way of part-exchange of a used motor vehicle then subject to the Customer’s part-exchange vehicle still being available in the condition supplied by the Customer, Carlingo reserve the right to return it. If Carlingo is unable to do so the part-exchange Allowance will be refunded to the Customer. Any refund to the Customer shall take into account the sums paid by Carlingo in accordance with clause 5(a) to settle any finance or other interests affecting the part-exchange vehicle. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Carlingo on demand.

(f) Where a customer complaint is not resolved: good customer service is important to Carlingo and we try to resolve all complaints to the Customer’s satisfaction. However if Carlingo fails to do this and the Customer believes there is a claim then the matter may be referred by the Customer to the National Conciliation Service. For details of this service please contact them on 01788 538317 or visit their website at www.nationalconciliationservice.co.uk

(g) Right to Costs: in the event that a complaint by the Customer is pursued unreasonably in all the circumstances the Customer shall pay to Carlingo all reasonable costs, charges and expenses (including legal costs and fees) incurred by Carlingo in or in contemplation of court proceedings brought or threatened by the Customer.

  1. SALE TO INTERMEDIARIES OR THIRD PARTIES

The Customer confirms that it is not purchasing the Goods as an intermediary or reseller. Carlingo may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer or (where Carlingo reasonably believes the Customer to be a reseller) to cancel the contract. In the event of cancellation by Carlingo clause 12(b) will apply.

  1. RETENTION OF TITLE

(a) Notwithstanding delivery, collection and/or the passing of insurance risk for the Goods, or any other provision of these terms and conditions, ownership of the Goods shall not pass to the Customer until the Total Retail Price has been paid in full in cleared funds.

(b) Until such time as ownership of the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as Carlingo’s property. Further, Carlingo shall be entitled at any time to require the Customer to return the Goods to Carlingo and if the Customer fails to do so promptly, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

(c) Until the Customer owns the Goods the Customer shall not be entitled to sell the Goods or use them as security for any indebtedness. If the Customer does so all money owing by the Customer to Carlingo shall (without prejudice to any other right or remedy of Carlingo) immediately, become due and payable.

 

  1. CUSTOMER UNAUTHORISED CANCELLATION OR BREACH

(a) Except where the Customer is given a right to cancel its order in these terms and conditions or the Customer is entitled to do so by law, then no order which has been accepted by Carlingo may be cancelled by the Customer unless Carlingo has agreed to the cancellation in writing. Where cancellation is agreed clause 12 (b) below shall apply.

(b) Where the Customer (1) cancels its order (other than where the Customer is entitled to do so by law) (2) otherwise fails to collect the Goods or (3) breaches the contract so that it is ended then Carlingo shall be entitled to be compensated and paid a sum equivalent to a reasonable administration fee and any damages, loss or expenses which Carlingo may have suffered or incurred by reason of the Customer’s cancellation or default (including as a result of selling the Goods at a lower value) and storage costs. Such sums may be deducted from any deposit or other money paid by the Customer and the balance (if any) shall be returned to the Customer. If the losses Carlingo has suffered exceed the deposit paid then the Customer shall be liable to Carlingo for the excess amount. Carlingo may, at its option elect to return any part-exchange vehicle or to retain it (in which case the agreed part-exchange Allowance, after deduction of the sums paid by Carlingo in accordance with clause 5(a) to settle any finance or other interests affecting the part-exchange vehicle, shall be treated as part of the sums paid by the Customer for the purpose of this clause). If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Carlingo on demand.

  1. LIABILITY

Carlingo will not be liable to the Customer for (a) losses that were not in the reasonable contemplation of both parties when the contract was formed; (b) losses that were not caused by any breach on the part of Carlingo; and (c) business losses, and/or losses to non-consumers.

Nothing in this clause shall operate to restrict or exclude Carlingo’s liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.

  1. TERMINATION/SUSPENSION

In the event that:

(a) Carlingo reasonably believes on reasonable grounds that the Customer will be unable to meets its financial obligations in respect of this agreement; or

(b) if the Customer is in material breach of any obligations under the contract then, without prejudice to any other right or remedy available to Carlingo, Carlingo shall be entitled to cancel this contract or suspend delivery under this contract until the Customer has remedied the breach. If Carlingo ends the contract then it shall be entitled to be compensated as set out in clause 13(b).

 

  1. DATA

Carlingo shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation to process the Customer’s order and payment and (unless the Customer requests Carlingo does not do so), to inform the Customer about similar products that Carlingo provides. The Customer may stop receiving this information at any time by contacting Carlingo

  1. NOTICES

Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted to the last known residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

  1. WAIVER

Any waiver by Carlingo or the Customer of any breach of contract by the other should be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

  1. INVALIDITY OF THESE TERMS

If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.

  1. APPLICABLE LAW

This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.