City West Country Limited Terms & Conditions
1. These terms and conditions, together with the details set out overleaf, are intended to contain all the terms of the agreement between us (the Vendor) and you (the Purchaser) relating to the sale and purchase of the Vehicle and/or Part(s)/Accessories described overleaf (“the Goods”). If you wish to rely on any amendment or addition you should ensure it is confirmed in writing by one of our duly authorised representatives.
2. You must provide us with any information we need to comply with money laundering legislation and guarantee the accuracy of the information supplied.
3. This Agreement relates to a purchase of a vehicle, you may arrange for a finance company to purchase it from us for the Purchase Price within 7 days of being notified that it is ready for delivery. The vehicle will then be delivered to the order of such finance company and all references to delivery of the vehicle shall be construed accordingly. When the finance company purchases the Vehicle, clauses 5, 6 and 9 to 18 inclusive of this Agreement shall cease to apply. The provisions of this Agreement relating to the Part Exchange Vehicle (if any) shall continue to apply but we shall account for the Part Exchange Allowance and any deposit paid under this Agreement to the finance company on your behalf.
4. This Agreement is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law.
PRICE
5. The Purchase Price is the price for the Goods, including where applicable and if individually itemised overleaf; accessories, car tax (vehicle excise duty), first registration fee, delivery, and VAT, current at the date of order. If the rate or amount of car tax, first registration fee, or VAT changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.
6. If the Manufacturer or the Importer or other supplier of the Goods changes the recommended price after you have ordered them but before delivery, we will notify you in writing (email to suffice) of any revision we propose to make to the Purchase Price. If we propose an increase in the Purchase Price, or a decrease (which is less than the decrease in recommended price), you may give us written notice within 14 days of our notification of a change in price to cancel this Agreement, and clause 16 shall apply. If we do not receive written notification of cancellation within this period, the Purchase Price will be amended as per our written notification to you.
PART EXCHANGE VEHICLE
7. If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we shall only be bound to do so if the Part Exchange Vehicle is:
(a) your absolute property and warrant you are the legal owner; and
(b) free from any hire purchase agreement, charges or other encumbrances which you did not disclose to us before the date of order;
(c) delivered to our place of business with all spare keys, alarm remotes, registration documents, service documents, MOT certificate( where applicable) and all other appropriate documentation before we deliver the Goods to you; and
(d) in the same condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery to us as it was when we examined it before agreeing on the Part Exchange Allowance.
If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Vehicle or allow the Part Exchange Allowance against the Purchase Price and you may be required to pay the full Purchase Price before you can take delivery of the Goods.
8. If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount disclosed to us before the date of order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced Part Exchange Allowance and accept the Part Exchange Vehicle towards the Goods.
DELIVERY & PAYMENT
9. While we will endeavour to deliver the Goods by the estimated delivery date, we will not be liable for compensation of any delay in delivery due to reasons beyond our control. In the event of such a delay, we will contact you to agree an alternative delivery date.
10. We will give you written notice (email to suffice) by cancelling this Agreement at any time before delivery of the Goods, if the Manufacturer ceases to make the model or specification of the Goods you have ordered, or if we are unable to obtain them from the Importer or other Supplier, and clause 16 will apply.
11. If we are unable to supply any accessory (factory fitted or otherwise) for the Vehicle, we will notify you in writing (email to suffice), and within 7 days of being notified of the change, you may: (a) end the Agreement and receive a full refund before the changes take effect; (b) ask for a reasonable equivalent; or (c) ask to remove the accessory from the Agreement and adjust the Purchase Price accordingly by the price of such accessory. If we do not hear from you within 7 working days, we will make that choice for you.
12. If we fail to deliver the Goods within 42 days of the estimated delivery date, you may give us written notice (email to suffice) requiring delivery. If we fail to deliver within 14 days of receipt of such written notice (email to suffice), you may give us notice cancelling the Agreement and clause 16 will apply.
13. We will inform you when the Goods are ready for delivery, and you must pay the Purchase Price (less any deposit and/or Part Exchange Allowance) and take delivery within 14 days of our written notification to you (email to suffice). All payments must be in either; cash (the maximum amount of cash payment permissible being £5,000 including any deposit paid to us or directly into our Bank), banker's draft or by UK credit/debit card (we do not accept American Express or Diners Cards), unless we have agreed to accept a cheque, in which case the cheque must be received no less than 7 business days before delivery. If you fail to pay the Purchase Price and take delivery within 21 days of being informed that the Goods are ready for delivery, we may give you notice cancelling this Agreement and clause 17 shall apply.
14. You warrant that you do not intend to resell the vehicle for commercial purposes. If we discover before delivery that this warranty is untrue, we may give you notice cancelling this Agreement and clause 17 shall apply.
DISTANCE SELLING AND OFF-PREMISES CONTRACTS
15. Under the Consumer Contracts Regulation, If you are acting as a private consumer enter into this Agreement (a) without any face to face contact between us or anyone acting on our respective behalves up to and including the time at which the Agreement is concluded or (b) in the simultaneous physical presence of you and us, in a place which is not the business premises of us, you have the right to cancel this Agreement within 14 calendar days without giving any reason. The cancellation period will expire after 14 calendar days from the day after you or a third party acting on your behalf acquire the Goods. To exercise the right to cancel you must inform us of your intention to cancel the Agreement by a clear statement (e.g. in writing by post, fax, or e-mail) or by completing the cancellation form on our website https://www.mercedes-benzsouthwest.co.uk/mercedes-benz-of-exeter .To meet the cancellation deadline, you must send your communication concerning your right to cancel before the cancellation period has expired.
EFFECT OF CANCELLATION
16. If we cancel this Agreement in under clause 10, or if you cancel the Agreement under clauses 6, or 12, we will refund your deposit within 14 business days of receipt and acceptance of the cancellation by us and provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you.
17. By committing to purchase the Goods, if we cancel this Agreement under clauses 13 or 14, we will endeavour to sell the Vehicle to another person. If it is not sold within a reasonable time, we will sell it at auction. Within 7 days of the date of sale, we will give you a statement in writing showing the sale price and any additional costs we may have incurred in reselling the Vehicle and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sale price and additional costs of resale). If our loss is greater than your deposit, you must pay us the difference within 7 business days. We will provide you with copies of any receipts if you request them.
18. (a) If you cancel this Agreement under clause 15, we will refund you all payment received from you, including the cost of delivery (unless you expressly chose a method more expensive than the least expensive option in which case we will reimburse the value of the least expensive delivery method). If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we have the option of either returning the Part Exchange Vehicle or refunding the Part Exchange Allowance. We may make a deduction from the refund for the loss in value for any goods supplied if the loss is the result of damage or unnecessary handling by you or an unreasonable increase in the recorded mileage of the vehicle. For the avoidance of doubt, any alteration, modification or personalisation of the Goods or driving more than 500 miles is going beyond what is necessary to establish the nature, characteristics and functioning of the Goods, therefore a deduction will be made.
(b) On cancellation, the Goods shall be immediately returned to the Vendor at the Purchaser’s expense.
(c) If you fail to deliver the Goods back to us within 14 calendar days, we may make a charge for the costs of recovering the Goods, which will be deducted from the final refund.
(d) On cancellation, any related credit agreement will be cancelled.
(e) We will make the refund without undue delay, and not later than 14 days after the day on which you returned the Goods supplied.
19. The Goods will continue to belong to us until the total Purchase Price has been paid in full. You will, however, be responsible for any loss or damage from when the Goods are delivered to you, and you should insure the Goods accordingly. A cheque will not be treated as payment until it has cleared. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Goods
WARRANTY
20. If the Goods are new, we undertake that any pre-delivery work specified by the Manufacturer will be carried out and they will be sold with the benefit of the Manufacturer's warranty. The Manufacturer's warranty is additional to your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any dealer in the EEA authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if they consider repair or replacement uneconomic) refund an appropriate part of the Purchase Price.
21. Except where the Goods are delivered to the order of a finance company, we will supply you with a further copy of the Manufacturer's warranty terms on delivery. Except where you are buying as a consumer, and except for fraud or death or personal injury resulting from our negligence, we limit our liability for any breach of this Agreement to the amount of the Purchase Price and expressly exclude all liability for loss of profit, goodwill, or contracts and any indirect, consequential or economic loss.
NOTICES22. Any notice given under this Agreement must be in writing and sent by first class post to the address of the person whom it is addressed as overleaf and shall be deemed to have been received in due course of the post the following business day if posted in the UK.
ALTERNATIVE DISPUTE RESOLUTION23. We aim to resolve all disputes via our internal complaints procedure. If you are not satisfied following the conclusion of this procedure and your complaint does not relate to financial services, The Motor Ombudsman will offer free impartial advice and, when appropriate, an Alternative Dispute Resolution (ADR) service. For further information, you can visit their website at www.themotorombudsman.org or call their Consumer Advice Line: 0345 241 3008. Alternatively, you can write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN. If your complaint relates to a finance or insurance product, you may be entitled to refer this to The Financial Ombudsman Service, once we have provided you with our final response.
WLTP CO₂ emissions
The indicated values were determined according to the prescribed measurement method - Worldwide Harmonised Light Vehicle Test Procedure (WLTP). Figures shown may include options which are not available in the UK. WLTP CO₂ values will be effective from 1st April 2020. Additionally [a] For Battery Electric Vehicles (BEV) figures determined with battery fully charged. These models require mains electricity for charging. [b] For Plug-in Hybrid Electric Vehicle (PHEV) figures determined with the battery fully charged, using a combination of both battery power and fuel. Figures shown are for comparability purposes; only compare with other cars tested to the same technical procedures. Figures may not reflect real life driving results, which will depend upon a number of factors including the starting charge of the battery [a][b], factory fitted options, accessories fitted (post registration), variations in weather, driving styles and vehicle load.Further information about the test used to establish fuel consumption and CO₂ figures can be found at www.mercedes-benz.co.uk/WLTP
NEDC CO₂ emissions
The indicated values were determined according to the prescribed measurement method. These are the "NEDC CO₂ values" according to Art. 2 No. 1 Implementing Regulation (EU) 2017/1153.The figures do not refer to an individual vehicle and are not part of the offer; they are provided solely for the purposes of comparison between different vehicle models. The values vary depending on the chosen optional extras. IMPORTANT: The way a new vehicle’s CO₂ is shown is changing due to a change in the law. Customers should check with a Mercedes-Benz Retailer whether their vehicle will be registered before or after 31st March 2020, as this could have a significant impact on the amount of Vehicle Excise Duty (“VED”) and/or Company Car Benefit in Kind taxation (“BIK”) to be paid. Since 1st January 2019, the energy and fuel consumption figures shown were determined by the Worldwide Harmonised Light Vehicle Test Procedure (“WLTP”). Whilst all new cars on sale have been type-approved according to WLTP, the figures shown are required by law to be the values from the outgoing New European Drive Cycle (NEDC) test, derived through a set formula from the WLTP values, until April 2020. From April 2020, for newly registered vehicles, the actual CO₂ figures from the WLTP test will be published and used for the calculation of VED and BIK. In many cases the WLTP CO₂ figure will be higher than the NEDC figure. This is because the new WLTP test is designed to be more stringent and a more accurate reflection of the vehicle’s efficiency and CO₂ emissions when on the road. The efficiency or performance of the vehicles themselves have not changed. Figures shown are for comparability purposes; only compare with other cars tested to the same technical procedures. Figures may not reflect real life driving results, which will depend upon a number of factors including the starting charge of the battery, factory fitted options, accessories fitted (post registration), variations in weather, driving styles and vehicle load.Further information about the test used to establish fuel consumption and CO₂ figures can be found at www.mercedes-benz.co.uk/WLTP
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To choose a Dealer, please enter a postcode, location or name of your preferred participating Dealer.
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