Sytner Terms & Conditions

1. CONTRACT

(a) The order for sale of a motor vehicle by us (“Sytner”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Sytner and on completion of satisfactory Know Your Customer (“KYC”) checks.

(b) The order together with these terms and conditions evidences the contract between the parties. Before completing your order please ensure that the contract reflects what is agreed. If Sytner agrees to changes it will confirm this to the Customer in writing. Sytner’s legal duty is to provide the Goods as described (“the Goods”) to the terms of the contract.

(c) A person who is not a party to the contract may not enforce any terms of the contract unless this contract is lawfully transferred to them.

2. DELIVERY

(a) Sytner will provide an estimated delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Sytner.

(b) The Goods may be delivered by Sytner or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.

(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer or Sytner may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Sytner shall be under no further liability to the Customer.

(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Sytner has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Sytner to the Customer only where agreed by Sytner and at the Customer’s cost.

(e) Sytner may at any time cancel the contract by notice in writing to the Customer if; the Customer fails to pass Sytner’s KYC checks or, if the vehicle manufacturer ceases to make the Goods, or if the manufacturer ceases to supply the Goods to the UK market or, in the event that the manufacturer is unable or refuses to accept the order for the Goods or no longer supplies the Goods to the specification ordered by the Customer. Upon such cancellation any deposit paid by the Customer shall be returned and Sytner shall be under no further liability to the Customer.

3. PRICE AND PAYMENT

(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated overleaf has been paid in full in cleared funds. Time for payment shall be of the essence.

(b) Bank transfers, debit cards, credit cards and mobile payments e.g. Google Pay, Apple Pay are acceptable means of payment. For the avoidance of doubt, cash and bank drafts are not accepted as payment.

(c) Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Sytner at the price payable hereunder. Sytner shall not release the Goods until the Total Retail Price has been paid in full in cleared funds by the said finance company.

4. FAILURE TO COLLECT GOODS

If the Customer fails to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then Sytner may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as wrongfully ended by the Customer and clause 13(b) will apply.

5. PART EXCHANGE

In the event that Sytner agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:

(a) if any financial or other declared interests are capable of cash settlement Sytner may elect to discharge such finance and interests and deduct expenditure from the exchange value offered;

(b) the used motor vehicle will be delivered in the same condition as at the date it was examined by Sytner (fair wear and tear excepted);

(c) the used motor vehicle shall be delivered to Sytner upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle has been delivered to Sytner;

(d) ownership of the used motor vehicle shall pass absolutely on delivery to Sytner;

(e) in the event that any of the warranties or declarations provided by (or on behalf of) the Customer in respect of the used motor vehicle prove to be incorrect or there is a breach of clause 5(b), Sytner shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.

6. CHERISHED NUMBER PLATE

Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods. The Customer and Sytner will provide all reasonable assistance to each other to facilitate transfer of the registration.

7. WARRANTY

(a) Sytner shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and Sytner shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:

(i) after discovering the defect the Customer has failed either to inform Sytner or to have the defect examined by a Dealer without reasonable delay;

(ii) has failed to give a Dealer the option to repair the Goods without reasonable delay;

(iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;

(iv)if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;

(v) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;

(vi)instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.

(b) In the case of the Goods being a second-hand vehicle, Sytner shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order.

8. NEW GOODS/USED GOODS

Where the Goods to be supplied by Sytner are new, then the following additional conditions shall apply:

(a) the Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that Sytner has legally become bound to pay, notwithstanding any amount specified on the order form;

(b) the delivery of the Goods shall be subject to any terms and conditions of the manufacturer/concessionaire regarding the supply or resale of the Goods by Sytner (which are available at Sytner’s premises for inspection) and Sytner shall not be liable for any failure of delay caused by or resulting from Sytner’s compliance with such terms and conditions;

(c) if before delivery of the Goods the manufacturer/concessionaires recommended retail price for the Goods shall be increased Sytner may give notice (“Notice”) of its intention to pass on to the Customer such increase. Upon receipt of such Notice the Customer shall be entitled by notice in writing to Sytner to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Customer shall be returned and Sytner shall be under no further liability to the Customer. If no notice is received by Sytner from the Customer within such period then the Customer shall be bound to purchase the Goods at the increased price;

(d) in the event that the manufacturer is unable to accept the order for the Goods then Sytner may, by notice in writing to the Customer cancel the contract. Upon such cancellation any deposit paid by the Customer shall be returned and Sytner shall be under no further liability to the Customer;

(e) in the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.

9. EXAMINATION OF GOODS AND RELIANCE

(a) Prior to signing the order form the Customer should examine the Goods to be purchased (if they are available for inspection) and the Customer is reminded that the condition of satisfactory quality required by law does not operate in relation to defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by Sytner to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

(b) The Customer should satisfy itself as to the suitability of the Goods for its requirements and not rely upon Sytner's skill or knowledge regarding the Goods' fitness for any particular purpose or use.

10. CLAIMS

(a) The Customer’s legal rights: irrespective of any warranty Sytner has offered, the Customer is entitled to exercise its statutory rights if the Goods are faulty at the time of their delivery.

(b) The Customer should contact Sytner as soon as possible: The Customer should contact Sytner as soon as he or she becomes aware of a problem with the Goods. A delay in reporting a problem may lead to unnecessary damage being caused to the Goods.

(c) Inspection of the fault: where the Customer believes the Goods to be faulty they should be returned to the Sytner premises where the Goods were purchased, as soon as possible for Sytner to inspect. If the Goods are a vehicle and there is a safety concern or the vehicle is not driveable, Sytner may arrange to collect the Goods or to carry out an inspection off-site.

(d) Consumer Customer’s key legal rights: if the Customer is an individual buying the Goods for purposes that are wholly or mainly outside its business, trade or profession then it has certain rights under the Consumer Rights Act 2015 if the Goods are not as described or, because of a fault that was present at the time Sytner delivered them to the Customer which caused the Goods not to be of satisfactory quality or fit for purpose:

Up to 30 days- If the Customer does not wish Sytner to repair or replace the Goods the Customer is entitled to a refund;
Up to 6 months- If the fault cannot be repaired or replaced, then the Customer is entitled to a refund. Sytner is entitled to make a fair deduction from the refund to reflect the value of the use the Customer has had from any vehicle.
If the Customer chooses repair or replacement the option chosen must be proportionate taking into account the nature of the fault, cost implications to Sytner and any significant inconvenience to the Customer.
After 6 months: If the Goods do not last a reasonable length of time, the Customer may be entitled to some money back