AutoZone
-Terms & Conditions – UK Cars
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
“Vehicle” means the new vehicle to
be purchased by the Buyer from the
Company under the Contract in which
these terms and conditions are
incorporated (the “Contract”).
2.
Basis
of Sale
2.1
The Company shall order from a
dealer located by it, and the Buyer
shall purchase from the Company 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 terms and conditions.
These terms and 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.
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 an unamended
duly completed and signed order form is
actually received by the Company and the
Contract shall become binding when such
order form is so received.
3.2
No order that has been received
by the Company may be subsequently
cancelled by the Buyer.
3.3
Upon cancellation of the Contract
in accordance with the terms of clause
7.4, the Contract shall terminate.
In that event, the Company shall
have no liability to the Buyer
whatsoever, and for the avoidance of
doubt, the Buyer shall in such
circumstances forfeit any deposit and
any other amounts paid to the Company
before such time.
3.4
Upon cancellation of the Contract
in accordance with the terms of clause
7.5, the Contract shall terminate and
the Company shall pay to the Buyer
forthwith an amount equal to any deposit
paid to the Company pursuant to clause
4.1.
3.5
The Company shall not make any
changes in the specification of the
Vehicle unless 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 shall pay a deposit
(which shall be non-refundable other
than in accordance with these terms and
conditions), as specified in the order
form, to the Company immediately on
submission of the order to the Company
as detailed in clause 3.1.
4.2
The Company's liability to the
Buyer shall under no circumstances
exceed the amount of deposit monies
received from the Buyer as detailed in
clause 4.1.
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 form or that price as amended due
to model or specification change.
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, due to model or
specification change.
If the cost of delivery, road
fund licence or car tax or VAT
increases, the Buyer shall pay such
increased amount as notified to the
Buyer by the Company.
5.3
Where the Company agrees to
deliver the Vehicle at a location other
than AutoZone’s showroom in
Chichester, an additional charge (agreed
at time of delivery) will be payable.
6
Payment
6.1
The Buyer shall pay the basic
cost price of the Vehicle to the Company
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 (or
such other date as the Buyer and the
Company may agree in writing), the Buyer
shall fail to take delivery of the
Vehicle and /or make payment in
accordance with clause 6.1 or 6.3, the
Company shall, as agent for the Buyer,
be entitled to sell the Vehicle in any
manner it chooses without any liability
to the Buyer whatsoever.
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 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 without
any liability to the Buyer whatsoever.
7.5
The Company is entitled to cancel
the Contract at any time if the total
price specified in the order form 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.
In such circumstances it shall
pay an amount to the Buyer equal to any
deposit monies received from the Buyer,
in accordance with clause 3.4.
7.6
The Contract is governed by
English law, and the parties submit to
the jurisdiction of the courts of
England.
7.7
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 the Company.
The estimated delivery time of
the Vehicle represents the Company's
best estimate at that time of the time
it will take to arrange delivery, based
on information provided to the Company
by the relevant dealer and may be
subject to manufacturer and other
delays.
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