"Accessories" means the accessories specified overleaf;
"Allowance" means that part of the price of Goods agreed in writing by the Seller to be discharged by the Purchaser delivering a used motor vehicle to the Seller;
"Extras" means any additional product or other service other than Parts or Repair Services, which is supplied by the Seller or arranged at the time of placing the order for Goods;
"Goods" means the Vehicle, Extras, Accessories or Parts supplied to the Purchaser pursuant to the Order;
"Item" means any item to which Repair Services are performed by the Company;
"Order" means the order for Goods or Repair Services as specified overleaf, incorporating these Terms and Conditions;
"Repair Services" means work carried out by the Seller as specified overleaf, including any additional necessary work;
"Parts" means the parts specified overleaf and any other parts required to complete Repair Services;
"Purchaser" means the buyer of the Goods or Repair Services as specified overleaf;
"Seller" means Caffyns plc, registered in England and Wales with company number 105664.
2.1 The price of the Goods will be Seller’s quoted price as set out overleaf. Where no price has been quoted or a quoted price is no longer valid, the price will be the Seller’s current price at the time the contract is made.
2.2 If after the date of the Order and before delivery of the Goods to the Purchaser the manufacturer or concessionaire’s recommended price for any of the goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser and;
(a) in the event of the price being increased; the amount of such increase shall be payable by the Purchaser unless, within seven days after receipt of such notice he gives notice to the Seller that he declines to pay such amount in which case the Seller shall have no option, by notice in writing to the Purchaser, to cancel the Order:
(b) in the event of the recommended price being reduced, the Seller may at its option, by giving written notice to the Purchaser, cancel the Order;
(c) in the event of the manufacturer of the Goods ceasing to make goods of that type or specification; the Seller may, by notice in writing to the Purchaser, cancel the Order provided that if the Order is cancelled pursuant to Clause 2.2 (a) to (c) above then the Seller’s sole liability to the Purchaser shall be the repayment of the deposit (if any) paid by the Purchaser, and/or the return of any vehicle taken in part exchange.
2.3 All prices quoted for Repair Services are estimated only and the Seller is entitled to carry out such extra work being incidental to the Repair Services as it shall be necessary in its opinion, provided such necessary incidental work does not increase the price quoted by more than 10%.
2.4 Unless otherwise agreed in writing by the Seller the Purchaser shall pay the price of the Goods or Repair Services in full before taking delivery of the Goods or collecting any item, and in event, within 21 days of notification that delivery or collection can be made, and if the Purchaser shall fail to take delivery of and/or pay for the Goods or the item within such period, the Seller shall at its discretion be entitled to:
(a) in the case of an Order of Goods, cancel the Order or treat the same as being repudiated (in which case any deposit paid by the Purchaser shall be forfeited);
(b) claim from the Purchaser by way of damages any loss or expenses, which the Seller may have incurred as a result of the Purchaser’s default;
(c) charge the Purchaser interest at 3% per annum on a daily basis over HSBC plc’s base rate from the date that payment falls due until the actual date of payment.
2.5 The Seller reserves the right at any time to demand security for payment.
2.6 The Purchaser at all times has primary responsibility for paying the price of Goods and Repair Services even where the Goods are to be paid for by finance company or other agent of the Purchaser or where the Repair Services are requested by the Purchaser under an insurance claim or manufacturer’s warranty claim.
2.7 All reference to payment in these Terms and Conditions of Business means payment in cleared funds.
2.8 Credit shall only be available to the Purchaser at such times and on such terms as may be agreed in writing by the Seller.
3.1 Where the Seller agrees in writing to make any Allowance, it does so in reliance of the following warranties and representations given by the Purchaser.
(a) that the used vehicle is the absolute property of the Purchaser and is free from all encumbrances;
(b) that such used vehicle is not the subject of a hire purchase agreement, credit sale agreement or any other form of financial arrangement involving a third party (but if it is then the Allowance shall be reduced by the amounts required to be paid by the Seller in settlement thereof);
(c) the said used vehicle shall be delivered to the Seller in the same condition as at the date of the Seller’s examination therefore;
(d) that such used vehicle shall be delivered to the Seller on or before delivery of the Goods to be supplied by it pursuant to the order, and the property of the said used vehicle shall upon such delivery pass to the Seller absolutely
3.2 In the event that the Goods through no default on the part of the Seller shall not have been delivered to the Purchaser within 60 days after the date of the Order or the estimated delivery date (whichever is later) the Allowance shall be subject to reduction by any amount exceeding 6%for each completed period of 30 days from the date of the Order until the date of the actual delivery.
3.3 In the event of any breach of clause 3 by the Purchaser, the Seller shall be discharged from any obligation to accept the said used vehicle or to make any Allowance and the Purchaser shall be responsible for the full price of the Goods supplied to it.
- Specifications and Warranty
4.1 In the case of new (i.e. previously unused) Goods the Seller shall use best endeavours to ensure that the Purchaser shall receive such warranty and/or guarantee as is given by the manufacturer of the Goods to the Seller, and the Purchaser hereby agrees to be bound by any conditions attaching to such warranty and/or guarantee.
4.2 In the case of used Goods (i.e. goods with one or more previous owners):
(a) the Goods supplied as roadworthy at the date of delivery and, subject to 4.2(b) below, are subject to any conditions or warranties that are implied by the Consumer Rights Act 2015.
(b) prior to signing the Order the Purchaser shall have examined the Goods for the purpose of giving the Purchaser’s declaration as to the age and condition overleaf and the Purchaser is reminded that the condition of satisfactory quality implied by the Consumer Rights Act 2015 does not operate in relation to such defects which that examination ought to reveal. Should the Goods be sold also with defects notified by the Seller to the Purchaser before the Order is signed, the condition of satisfactory quality referred to above shall not operate in relation to those defects.
4.3 The Seller warrants that the Goods will comply with the specification and description set out overleaf (save as the same may be modified by these Terms and Conditions) and that all Repair Services will be carried out using reasonable skill and care.
4.4 In the case of Repair Services where paint work is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee is given in this respect. If partial painting only is required the Seller shall endeavour to make a correct colour match but no guarantee is given for a perfect match.
4.5 In the case of used Goods (as defined above) and Repair Services, within a period of three months or 3000 miles (whichever is sooner) from the date of delivery the Seller will supply and fit, free of cost, new parts in exchange for any such Parts as shall under normal conditions and use prove to be defective in manufacture or material, or at its discretion shall recondition such Parts. The decision of the Seller in this respect shall be final. The undertaking in this clause 4.5 to replace defective Parts does not extend to any vehicles that have been used for hire or reward, or to the repair of defects which in the opinion of the Seller have been caused by misuse, neglect, accident or racing. For the avoidance of doubt the undertaking in this clause 4.5 does not cover consumable items and the servicing of vehicles is also excluded.
4.6 The Seller shall not be liable to the Purchaser or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform, any of the Seller’s obligations in relation to the Goods or Repair Services to the extent that such failure or delay is caused by a reason beyond the Seller’s reasonable control.
4.7 When providing Repair Services for taxi, driving school vehicle, or any other commercial vehicle the Seller shall not be liable for any financial loss incurred as a result of any delay in providing the Repair Services.
4.8 The Seller shall not be responsible for any items left in the vehicle by a Purchaser whilst the vehicle is on the Seller’s premises, although all reasonable care will be taken.
4.9 In relation to any Extra consisting of services provided by a third party, such as contracts of insurance, the Purchaser agrees to be bound by any conditions contained in the agreement entered into by the Purchaser and the third party. The Purchaser further acknowledges that the Seller is not party to and shall not be liable to the Purchaser in relation to any such related agreements.
- Delivery and Passing of Risk and Title
5.1 The Seller shall deliver the Goods and/or make any items available for collection at the address stated overleaf. Any dates or times quoted for delivery/completion are approximate only and time shall not be of the essence in relation to the Seller’s obligation under the Order, unless the Purchaser makes it a condition of the contract.
5.2 The Seller shall be entitled to levy storage charges at its then standard rates in force at any time after it has given notice to the Purchaser that it’s Goods and/or item is ready for collection.
5.3 Any shortage or breakages of Goods must be notified to the Seller within 14 days of the date of delivery by the Seller of the relevant Goods.
5.4 Ownership of the Goods remains with the Seller and will not pass to the Purchaser until the Seller receives payment in full for the Goods (and any related work) in cleared funds and is paid all other amounts owed by the Purchaser to the Seller (or any other companies within the same group of companies as the Seller) in respect of any other supplied goods supplied to the Purchaser.
5.5 Where the Goods are attached to or incorporated in other goods or are altered by the Purchaser, ownership (legal and beneficial) of the Goods shall not pass virtue of the attached, incorporation or alterations and if the Goods remain identifiable and were attached to or incorporated in other goods, can be detached or removed from the item to which they have been attached or incorporated.
5.6 The Seller may require the Purchaser upon reasonable notice to return and deliver up the Goods to the Seller failing which the Seller shall take legal proceedings to recover the Goods or their value.
5.7 Until the Seller has been paid in full for the Goods and all other Goods which the Seller has supplied to the Purchaser:
(a) if the Purchaser sells the Goods the Purchaser shall hold that part of the proceeds of sale which is not less than the original price to be paid to the Seller on trust for the Seller in a separate bank account; and
(b) the Purchaser must not assign to any other person any rights from a sale of the Goods without the Seller’s written consent.
5.8 Risk in the Goods shall pass to the Purchaser on delivery.
5.9 The Purchaser shall insure the Goods against all insurable risk for the price due to the Seller for the Goods.
5.10 If the Goods are destroyed by an insured risk before the Purchaser has paid for them the Purchaser shall remain responsible for paying the Seller in full for the Goods whether or not the Purchaser claims or receives any insurance proceeds.
6.1 Goods specially ordered by the Seller cannot be returned by the Purchaser for a credit or otherwise, subject always to the Purchaser’s statutory rights under the Consumer Rights Act 2015 or the Supply of Goods Services Act 1982 or the Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013 (see clause 9).
6.2 In the event of any dispute where the Goods constitute a vehicle which the Purchaser wishes to return or reject, the Purchaser should keep possession of the vehicle unless otherwise agreed by the Seller who may charge storage for any period of time the Goods are left on the Seller’s premises. The storage charge for vehicles may be charged.
- Loan Vehicles
7.1 Purchasers borrowing vehicles must hold a current valid United Kingdom Driving Licence and arrange full comprehensive motor insurance for the borrowed vehicle for the period of use or accept the fully comprehensive insurance available from the Seller, whichever applies.
7.2 The Purchaser shall maintain the vehicle and return it in the same condition as when taken and shall be liable for the cost of repair of any damage thereto.
7.3 The Purchaser shall return the vehicle promptly to the Seller on the agreed return date or immediately upon the request of the Seller. If the Purchaser delays return of the vehicle the Seller may charge £20+VAT per day of unauthorised use together with (where appropriate) a storage charge of £20+VAT per day for the item left on the Seller’s premises.
8.1 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing and sent addressed that other party by post at the address set out overleaf or by fax or email.
8.2 No waiver by the Seller of any breach of the contract by the Purchaser shall be considered as a waiver or any subsequent breach of the same or any other provision.
8.3 If any provision 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 other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected thereby.
8.4 The constructions validity and performance of the Order and all matters pertaining thereto shall be governed and construed in all respects by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
8.5 When you sign the order form or job card or take delivery of/accept the Goods you also accept these Terms and Conditions. Please read them carefully. If there is anything you do not understand or do not agree with, please ask a member of staff.
- Customers Right to Cancel
9.1 If this agreement has been concluded without any face to face contact between us or anyone acting on our respective behalves; or it has been concluded away from our business premises; you have the right to cancel the agreement up to 14 days following the day of delivery. If you wish to exercise this right you must contact us within the 14 days and return the goods to us or make them available for collection at your cost without delay. Upon delivery back to our premises we reserve the right to charge a cost for any loss in value caused by excessive handling of the goods by the customer. If you have requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
- Data Protection
10.1 If the Purchaser is taking out finance for its vehicle purchase the information it provides for the proposal will be disclosed by the Seller to the lenders for the purposes of their consideration of the credit application. Lenders may use this information to carry out searches with credit reference agencies. The lender will keep a record of those searches and these may be used by other lenders in accessing applications from the Purchaser and members of the Purchaser’s household for the future. Lenders may cross check this information with other lenders to help prevent fraud.
10.2 Any information collected about the Purchaser will be used firstly to fulfil any Order and secondly will be stored on the Seller’s database and used to improve customer service, for marketing and other communications. From time to time the Seller may contact the Purchaser with information about products and services, which may be of interest to the Purchaser. The Seller may share this information with other selected organisations.
- Caffyns Care
Caffyns is committed to providing the highest standards of customer satisfaction and are subscribed to The Motor Ombudsman "Code of Conduct". This provides additional protection over and above current legislation in the UK. As part of this we subscribe to the Alternative Dispute Resolution Scheme provided by The Motor Ombudsman as a Competent Authority of the Chartered Trading Standards Institute, details of which can be found at https://www.themotorombudsman.org/ along with their contact details.
Issue Date April 2019