CONDITIONS OF BUSINESS
The following Conditions apply to all agreements with V&P Ltd.
Nothing in these Conditions shall effect the Statutory Rights of the Consumer.
1.1 “V&P” means Vintage & Prestige Classic Cars Ltd of Prestige House, 9 Globe Industrial Estate, Grays, Essex, RM17 6ST.
1.2 Customer means any person entering into an agreement with V&P, whether an individual or incorporated.
1.3 Agreement means any agreement entered into between the Customer and V&P.
1.4 “Goods” means any goods forming the subject of an agreement with a customer, including Motor Vehicles
1.5 “Services” means any services provided by V&P.
1.6 “Price” means the price as detailed in any Sales Invoice issued by V&P.
1.7 “Motor Vehicle” includes any item included or proposed to be included in the sale of Motor Vehicles.
2 PAYMENT FOR GOODS AND SERVICES
2.1 Payment for goods shall be made forthwith (unless otherwise agreed in writing) in cash, cheque, bankers draft or credit transfer in the currency in which the sale was conducted, on the date specified in the Sales Invoice or otherwise agreed by V&P and the Customer.
2.2 Payment for services shall be made not more than 14 days after an invoice is rendered for such service.
2.3 In the event of any breach of any part of these Terms of Business V&P shall be entitled to withhold goods or services pending settlement of any claim by V&P (or any third party instructed by V&P), and shall be entitled to claim a reasonable sum for any expenses incurred as a result thereof including legal fees, storage charges, and maintenance and care of motor vehicles.
2.4 Any Deposit is taken as security for the performance of the Agreement to which it relates, and any failure by the Customer to perform that agreement shall entitle V&P to forfeit it, or sue for specific performance and/or damages at its discretion.
2.5 If, as a result of the breach of the Customer’s obligations under this Agreement property belonging to the Customer is stored for more than 28 days at the premises of V&P (or such other premises such as sub-contractors as it may designate), V&P shall be entitled to charge a reasonable sum for such storage and to transfer such property to long term storage, and shall be under no liability whatsoever for any damage or deterioration in the property whilst in such storage.
2.6 Time or payment of any charges due to V&P is of the essence.
3.1 Title in Goods shall not pass to the Customer until the Purchase Price and any charges under 2.3 above has been paid in full, any part exchange goods have been delivered and V&P is satisfied as to the title, description and quality of the part exchange goods.
3.2 Notwithstanding 3.1 above, risk in the Goods shall remain with the Customer from the date of the Sales Invoice until collection or delivery.
3.3 Time for payment by the Customer, and delivery of any part exchange vehicle, shall be of the essence. If a Customer fails to comply with any time limits under any Agreement, V&P shall be entitled to repudiate it, and the Customer shall compensate V&P in full on demand for all costs and expenses (including legal costs) arising in connection with or resulting from the Customer’s failure to comply with the Agreement.
4 WARRANTIES BY THE CUSTOMER (PART EXCHANGE GOODS)
4.1 The Customer warrants to V&P in the terms of sub paragraphs (a) to (e) below that he;
(a) is the owner of the Goods or is properly authorised to sell the Goods by the owner and is able to sell the Good with full title guarantee free from all encumbrances and third party claims, with all taxes paid.
(b) has complied with all the requirements relating to any export or import of the Goods and has notified V&P in writing of any failure to comply with such requirements.
(c) has notified V&P in writing of any material alterations to the Goods which the Customer is aware of, or any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Goods and has provided V&P with all such information in the Customer’s possession.
(d) agrees that where appropriate the motor vehicle may lawfully be used on a road and complies with all statutory provisions and that there is in force a test certificate required by law in relation to such use and the Customer has notified V&P in writing if the motor vehicle cannot lawfully be used on a road.
(e) warrants that the information about the Goods given to V&P and the statements made about them are true.
- WARRANTIES BY V&P
5.1 V&P warrants that the Goods comply with their description, and it is entitled to sell the Goods and does so free of all encumbrances, third party claims and tax liabilities, except as otherwise agreed between the Parties.
5.2 Where V&P is acting as Agent for the owner of the Goods the Customer shall have no claim in relation to the Goods against V&P in any circumstances whatsoever.
6.1 V&P shall provide the services under any Agreement with the Customer, using appropriate skill and care and materials of satisfactory quality.
6.2 The Services shall be provided in such manner at such time as any Agreement with the Customer shall determine. The Agreement may be by way of a formal Contract between the Customer and V&P, or to be construed in accordance with any communications, written or oral, passing between the Customer and V&P. In the event that there is any ambiguity in these communications, and doubt shall be resolved in favour of V&P.
6.3 V&P shall render the Services using reasonable endeavours to obtain the requisite materials, and within the specified time in any Agreement, but time shall not be of the essence in relation to the performance of the Services and V&P shall not be liable for any delay as a result of matters outside its control, as a result of any fault of any sub-contractors it may employ, or as a result of defective materials or design.
6.4 In rendering the Services, V&P may use the services of sub-contractors, and shall be the agent of those sub-contractors save as to oblige and entitle a Customer to take action if necessary against them. V&P will however use its reasonable endeavours to bring about the rectification of any defective work by such sub-contractors.
7.1 The liability of V&P shall (in relation to the sale of Goods) be limited to the difference between the price paid by the Customer and the value of the Goods in the condition in which the Customer received them. Under no circumstances whatsoever will V&P be liable for any other damages or costs, and specifically indirect costs, including (but without prejudice to the generality of the foregoing) damage to the Goods, costs of recovery, travel, loss of profit, accommodation or any other expenses or loss whether arising from its negligence or otherwise, save for personal injury or death.
7.2 Provided the Goods comply with their description, V&P will not be liable for any claim arising out of an allegation that the Goods are not original, authentic, or any other like term unless specific terms were agreed in writing between V&P and the Customer modifying this condition. All goods are sold as seen and inspected if prior viewing has taken place.
7.3 Where Goods sold comprise a motor vehicle the Customer accepts that as a classic or collector’s car it will not be suitable for everyday use, and may have had parts and paint changed from original specification, and will not achieve the same level of reliability as a modern vehicle. No representation is made as to the originality, authenticity, reliability, or mechanical or bodily condition, or fitness for any particular purpose unless set out in writing to the Customer.
7.4 In any other circumstances the liability of V&P shall be limited to the amount of any indemnity limit imposed by its insurers in relation to the incident in respect of which a claim is made by the Customer.
7.5 In any event V&P will not be liable for any claim under any agreement made more than 12 months after such agreement was completed.
7.6 V&P shall be under no liability for any injury, damage or loss sustained by any person while on V&P premises, except for death or personal injury caused by the negligence of V&P or its employees or agents in the ordinary course of their duties to V&P.
- STATUTORY INFORMATION
8.1 If the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to any Agreement, V&P will provide a Notice setting out the Customer’s rights.
- GOVERNING LAW
9.1 All transactions to which these conditions apply shall be governed by English law and V&P and the Customer hereby submit to the exclusive jurisdiction of the English courts.
Conditions of Website
Vintage and Prestige offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Generic Website reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Generic Website.
The term 'genericwebsite.com' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
Use the website at your own risk. This website is provided to you "as is," without warranty of any kind either express or implied. Neither Generic Website nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Generic Website. Generic Website reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice.Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
None of the material contained on Generic Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Generic Website. Violation of this provision may result in severe civil and criminal penalties.