AutoZone
-Terms & Conditions – Factory
Orders
1.
Definitions
In
these terms & conditions, the
“Company” means Auto Management
Services Limited (trading as AutoZone),
the “Buyer” means the individual or
company to whom the document in which
these terms and conditions are
incorporated is addressed. The
“Dealer” means a company located by
the Company, to sell the Vehicle to the
Buyer. The “Vehicle” means the new
vehicle to be purchased by the Buyer
from the Dealer under the Contract in
which these terms and conditions are
incorporated (the “Contract”).
2.
Basis of Sale
2.1
The Company shall order and the
Buyer shall purchase the Vehicle in
accordance with any written quotation of
the Company, or written order of the
Buyer, that is accepted by the Company,
subject in either case solely to these
conditions. These conditions shall apply
to the exclusion of any other terms and
conditions howsoever referenced by the
Buyer.
2.2
No variations to these conditions
shall be binding unless agreed in
writing by a duly authorised
representative of the Company.
2.3
The Buyer acknowledges that the
Contract was not entered into in
reliance on any representations made by
any employee or agent of the Company.
2.4
By accepting these terms and
conditions, you authorise the Company to
act on your behalf to place an order for
the purchase of the Vehicle from the
Dealer and to arrange for delivery of
the Vehicle on the Dealer’s own terms
and conditions (subject to clause 7.3).
3.
Order, Cancellation and
Specification
3.1
No order for the vehicle shall be
deemed to be submitted to the Company by
the Buyer unless and until a duly
completed and signed order form is
actually received by the Company.
3.2
The order will be deemed accepted
by the Company and the Contract shall
become binding when the Company sends to
the Buyer, whether by post, fax, or
electronic mail to an address, number or
email address supplied to the Company by
the Buyer, an order acceptance written
confirmation.
3.3
No order that has been accepted
by the Company may be subsequently
cancelled by the Buyer.
3.4
Upon cancellation of the Contract
in accordance with the terms of clause
3.4, the Contract shall terminate.
In the event that the Company
shall itself choose to purchase the
Vehicle from the Dealer, the Company
shall pay to the Buyer within 30 days of
onward sale of such Vehicle to a third
party,
an amount equal to any deposit
paid by the Buyer pursuant to clause
4.1, after deducting from such amount (i)
all and any fees payable by the Buyer to
the Company, (ii) any losses incurred by
the Company in connection with such
purchase and onward sale, and (iii) any
expenses and interest incurred by the
Company in connection with such purchase
and onward sale.
3.5
The Company reserves the right to
make any changes in the specification of
the Vehicle where such changes do not
materially affect the quality or
performance of the Vehicle or where such
changes have been agreed in advance by
the Buyer. Delivery of the Vehicle
conforming to such altered specification
shall constitute proper performance of
the Contract by the Company.
4
Deposit
4.1
The Buyer will pay a deposit
(which shall be non-refundable other
than in accordance with these terms and
conditions) of between 15-25% of the
basic cost price of the Vehicle, as
specified in the order acceptance
written confirmation, to the Company as
agent for the Dealer or directly to the
Dealer (as agreed with the Company)
immediately on acceptance of the order
by the Company as detailed in clause
3.2.
Where deposit monies are payed to
the Company in Sterling and subsequently
passed to the Dealer in another
currency, any currency fluctuation
during such period shall be at the
Buyer’s sole risk.
4.2
The deposit will be held by the
Dealer and not by the Company, and the
Company accepts no liability whatsoever
to the Buyer in respect of the deposit
monies.
5
Price
5.1
The basic cost price of the
Vehicle shall be the Company’s quoted
basic cost price as specified in the
order acceptance written confirmation or
that price as amended due to model or
specification change, or increase in
cost price by the manufacturer or
otherwise. The basic cost price of the
Vehicle is subject to increase by the
manufacturer of the Vehicle at any time.
The basic cost price is quoted in
the currency specified in the order form
written confirmation, and the Buyer
acknowledges that the conversion of such
price to Sterling as set out in such
confirmation is for the Buyer’s
information only.
5.2
The total price of the Vehicle
shall be the basic cost price plus the
balance (constituting delivery charge,
import fee, number plate charge, first
registration, VAT, and road tax) or that
price as amended, whether pursuant to an
increase in the basic cost price or
otherwise.
If the cost of delivery, road
fund licence or car tax or VAT
increases, the Buyer shall pay such
increased amount.
5.3
Where the Company agrees to
deliver the Vehicle at a location other
than AutoZone’s showroom in
Chichester, an additional charge
(current at time of purchase) will be
payable.
6
Payment
6.1
The Buyer shall pay the basic
cost price of the Vehicle to the Dealer
(or to the Company as agent for the
Dealer) before taking delivery of the
Vehicle in the manner, at the time and
in the currency agreed between the Buyer
and the Company.
6.2
If the Vehicle is being purchased
on “finance”, all appropriate
documentation shall be signed authorised
and agreed prior to taking delivery of
the Vehicle
6.3
The Buyer shall pay the balance
of the total price of the Vehicle in
cash or cleared funds to the Company on
or before delivery of the Vehicle.
In any event, notwithstanding the
delivery and the passing of risk in the
Vehicle, the title and property in the
Vehicle shall not pass to the Buyer
until the Company has received in cash
or cleared funds payment in full of the
balance of the price.
Until such time as title and
property in the Vehicle pass to the
Buyer, the Buyer shall hold the Vehicle
as the Company’s fiduciary agent and
bailee and shall keep the Vehicle
separate from other vehicles of the
Buyer and third parties, properly
stored, protected and insured. Until
that time, the Buyer shall be entitled
to re-sell the Vehicle in ordinary
course of its business but shall account
to the Company for the proceeds of the
sale or otherwise of the Vehicle,
whether tangible or intangible,
including insurance proceeds, and shall
keep all such proceeds separate from any
monies or property of the Buyer and
third parties.
Until such time as the title and
property in the Vehicle pass to the
Buyer (and provided the vehicle is still
in existence and has not been re-sold)
the Company shall be entitled at any
time to require the Buyer to deliver the
Vehicle to the Company and, if the Buyer
fails to do so forthwith, to enter upon
any premises of the Buyer or any third
party where the Vehicle is stored and
re-possess the Vehicle.
7
General
7.1
If within seven days of being
advised by the Company that the Vehicle
is ready for collection or delivery, the
Buyer shall fail to take delivery of the
Vehicle and /or make payment in
accordance with clause 6.3, the Company
shall, as agent for the Buyer, be
entitled to sell the Vehicle in any
manner it chooses and shall account to
the Buyer for the price received from
such sale, minus an amount equal to the
import fee plus costs and expenses of
such sale, which amount shall be
retained by and belong to the Company.
7.2
The Company’s performance under
the Contract shall be excused if the
Company is unable to perform due to any
cause beyond its reasonable control
(including but not limited to labour
disputes, acts of God, war, riot, act of
terrorism, civil unrest, fire, flood,
storm or any computer related virus or
internet failure, error or delay).
7.3
If the Buyer enters into any
finance agreement in relation to the
Vehicle, the terms of such agreement
will replace the Dealer’s terms and
conditions and certain terms of this
agreement.
7.4
The Company is entitled to cancel
the Contract at any time if the Buyer
fails to make payment when due or if the
total price as specified in the order
acceptance written confirmation has been
formulated upon the basis of an error in
relation to any term of the order,
including a typographical or
mathematical error with respect to the
price or specification..
7.5
The Contract is governed by
English law, and the parties submit to
the jurisdiction of the courts of
England.
7.6
Third party rights under the
Contracts (Rights of Third Parties) Act
1999 are excluded.
8
Vehicle Condition and Delivery
Dates
8.1
The Vehicle shall be supplied
with the benefit of the manufacturer’s
standard initial warranty.
8.2
The
Vehicle supplied will be roadworthy and Vehicle
condition will reflect that of a new
car, free of accident or mechanical
damage.
8.3
Although
care has been taken to ensure the
accuracy of the information provided to
the Buyer relating to the Vehicle and
estimated delivery dates, all such
information is provided without
representation by us.
The estimated delivery time of
the Vehicle represents our best estimate
at that time of the time it will take to
arrange delivery, based on information
provided to us by the Dealer and may be
subject to manufacturer and other
delays.
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