Hedin Automotive London Ltd Sales Terms & Conditions
1.Order and Definitions
1.1 This Order and any part exchange allowance in respect of a used vehicle tendered by you the Customer is subject to acceptance in writing by the Seller on the Order form overleaf (‘Order’). In these Terms and Conditions words defined overleaf on the Order have the same meanings when used below, and "the Goods" means the vehicle and/or parts specified to be purchased by the Customer on the Order. The contract for supply of the Goods comprises the Order Form, these Terms and Conditions, Specification and Warranty documents (the "Contract"). In the event there is any inconsistency, the documents shall have the order of precedence as listed in this clause.
1.2 Qualified Partner shall mean an entity who has met various quality and other standards and is included at the time within the Mercedes-Benz qualified partner listing.
2.New Passenger Cars
The supply of new passenger cars is provided by Mercedes-Benz UK Ltd and the Customer is subject to the Mercedes-Benz UK Ltd passenger car sales Terms and Conditions. Hedin Automotive London Ltd act as the Agent on behalf of Mercedes-Benz UK Ltd in respect of the sale of any new passenger car.
3.New Light Commercial Vehicles
3.1 The specification to which the Goods are supplied will be to the Seller's UK standard specification (a copy of which is available on request) or such other specification as may be agreed between the parties and detailed in this Order. The Seller confirms the Goods shall conform to the details set out in the Order. The Goods may be delivered with minor alterations to the specification of the Goods from the sample seen by the Customer in a catalogue, showroom, advertisement or website. Changes may also be made to the specification of the Goods in the Order to comply with applicable safety, statutory or other regulatory requirements.
3.2 In the event of a model being superseded the Seller reserves the right to supply an equivalent replacement model.
3.3 The Goods shall have the benefit of such standard warranty from the manufacturer as is provided by the manufacturer as at the date of delivery. Details of the terms of that warranty can be obtained from the Seller on request. The Goods shall also have the benefit of such separate warranty from the Seller as is provided by the Seller as at the date of delivery for a further period of time commencing from expiry of the manufacturer's warranty. Again, details of the terms of the Seller's own warranty can be obtained from the Seller on request.
3.4 If the Seller shall vary its price for the Goods in any way after the date of this Order for any reason before supply of the Goods the Seller shall be entitled to give the Customer written notice that it intends to vary the contract price and shall specify the proposed variation. The Customer shall have the right within 14 days of receipt of such notice to cancel the Order and obtain reimbursement of any deposit paid but if the Customer fails to give such notice the price as varied by the Seller's notice shall become the correct price and the Customer shall be obliged to pay that price.
3.5 If the Goods cease to be manufactured the Seller may (whether the estimated delivery date has arrived or not) cancel the Order by notice in writing to the Customer. The Seller shall then refund to the Customer any deposit paid.
4. Used Vehicles
4.1 The used vehicle is to be supplied as roadworthy at the date of delivery and is sold subject to any conditions or warranty implied by the then current Consumer Rights Act where the Customer is a consumer.
4.2 The Seller shall use its reasonable endeavours to obtain for the Customer the benefit of any warranty given by the manufacturer for any accessories fitted as new to the vehicle.
4.3 The used vehicle supplied by the Seller shall conform in all material respects to the detail set out in this Order.
5. Part Exchange
5.1 Where the Customer offers a used vehicle in part exchange and the Seller agrees to accept the used vehicle as part of the sale and purchase of the Goods a deduction shall be made from the full purchase price of the Goods of an amount specified in the Order or, (where the Order does not specify an amount) of an amount to be agreed by the Customer and the Seller. The purchase of the Customer's used vehicle shall be subject to the following::
5.1.1 That the used vehicle is the absolute property of the Customer free from all charges or encumbrances; or
5.1.2 That the used vehicle is subject to a hire purchase agreement or other finance agreement capable of cash settlement by the Seller and that any part exchange allowance agreed shall be reduced by the amount required to settle the outstanding debt.
5.2 If the used vehicle has been examined by the Seller prior to confirmation of acceptance of this Order it shall be delivered to the Seller in the same condition as at the date of such examination with the exception of fair wear and tear. If the used vehicle changes in a material way before the Seller take’s possession, the Seller shall be entitled to amend the price it offered. The vehicle covering more than 250 miles will be considered a material change for the purpose of this clause.
5.3 The used vehicle shall be delivered to the Seller on or before supply of the Goods to the Customer and the property in the used vehicle shall pass to the Seller immediately upon such delivery. If it is an independent transaction the used vehicle will be delivered to the Seller within 7 days of the date of this agreement.
5.4 The Customer warrants that it will supply the following documentation for the used vehicle before completing the purchase: V5 Registration Document; Current MOT Certificate and Full service history. Proof of the Customer’s identity and verification that the Customer owns the vehicle will be required. The V5 document must be given to the Seller at the time the Seller takes possession of the Vehicle.
5.5 If through no fault on the part of the Seller the Goods are not made available for delivery to the Customer within 30 days after the date of this Order or the estimated availability date, whichever is the later ("the availability period") the allowance to be made in respect of the used vehicle shall be reduced by an amount not exceeding 2.5% per month or part month commencing from the expiry of the availability period and ending on the actual date of delivery of Goods by/to the Customer.
6. Payment and Passing of Property
6.1 Until the price has been paid in full with cleared funds by the Customer the Goods shall remain the property of the Seller. Unless otherwise agreed by the Seller payment shall be in pounds sterling.
6.2 Until the Goods are paid for in full the Customer shall grant the Seller:
6.2.1 A full lien over the Goods;
6.2.2 An irrevocable right to repossess the Goods until such time as full payment for the Goods has been received by the Seller in cleared funds; and
6.2.3 An irrevocable licence at any time to enter using reasonable force (including breaking locks where necessary) any premises where Goods are or may be located in order to inspect and/or recover them. In the event that the Customer moves the Goods to premises owned by a third party, the Customer shall procure a licence in favour of the Seller to enter the premises of that third party for the purposes of repossessing the Goods.
6.3 The Goods will be the responsibility of the Customer and therefore risk shall pass from the time that the Goods are delivered to the Customer if the Seller is responsible for delivery or from collection if the Customer is responsible for collection. If the Goods is a vehicle the actual time of delivery or collection will be the time that the keys to the Vehicle are passed to the Customer or the Customer’s agent.
6.4 Any transit damage (including missing items such as: spare wheel,manuals,tools and jack) should be noted on the delivery note and, in any case, shall be notified to the Seller in writing within 24 hours of delivery. The Seller will remedy any aforesaid defects as soon as reasonably practicable.
6.5 The Customer may only reject the Goods if they have major transit damage and / or is materially non-compliant with the Specification and / or is fundamentally un-roadworthy. Any such rejection must be received by the Seller in writing within 24 hours of delivery stating the reasons for such rejection and, where requested by the Seller, the Customer shall provide reasonable evidence supporting such rejection.
6.6 Where Incoterms are quoted on the front of this Order then Delivery of the Goods shall take place and risk in the Goods will pass in accordance with the specified Incoterm and clause 6.3 above will not apply. Where Incoterms are not quoted on the front of this Order this clause will not apply.
6.7 If the Customer exercises their statutory right to reject the Goods, a refund (full or partial) will only be processed upon the seller having possession of the V5 document, for the Goods, from the DVLA and/or the Customer.
7. Delivery
7.1 Any delivery date given by the seller (the "availability date")(whether the same is specified in this Order or has been previously or is subsequently specified) is not guaranteed by the Seller and until clause 7.2 below has been invoked the Customer shall have no right to demand the refund of the deposit or to cancel this Order should that date not be adhered to. Furthermore the Seller shall not be liable for any damages or claims of any kind in respect of such delay to the extent they were caused wholly or partly by factors outside its control. The Seller shall contact the Customer as soon as possible and will take steps to minimise the effect of the delay. The Seller shall not be required to supply Goods in the sequence in which orders are placed. For the avoidance of doubt, delivery is at the Seller’s place of business unless otherwise determined in accordance with the attached Order form.
7.2 If the Seller fails to make the Goods available for delivery within 30 days of any estimated availability date stated in this Order then unless the Customer has agreed to any such delay, the Customer may upon expiry of the 30 day period by notice in writing to the Seller require delivery of the Goods within 10 days of receipt of such notice. If the Goods are not made available for delivery to the Customer within the said 10 days the Contract shall be cancelled and the Customer's deposit shall be refunded. The Customer's deposit shall not bear interest.
7.3 The Seller will, if requested by the Customer, provide a written explanation as to why there is a delay in making the Goods available for delivery.
7.4 If the Customer shall fail to take and pay for the Goods in pounds sterling within 14 days of being notified by the Seller that they are available for delivery the Seller shall be entitled to treat the Order as cancelled by the Customer and any deposit paid may be forfeited. The Seller may sell the Goods for the best price reasonably obtainable and the Customer shall be liable for any loss, cost and expense incurred by the Seller. If the Customer shall fail to collect or accept delivery of the Goods having paid in full and title having passed to the Customer then the Seller may store the Goods at the Customer’s expense for a period of 90 days. If collection has not taken place in 90 days the Goods will be sold by the Seller on behalf of the Customer at a reasonable price and the proceeds shall be sent to the Customer at their last known address. The Seller shall be entitled to set off any sums owed to the Seller.
7.5 Other than a cancellation in accordance with clause 7.6, if the Customer cancels the Order then any deposit paid shall be forfeited and the Seller may sell the Goods for the best price reasonably obtainable. The Customer shall be liable for any loss, cost and expense incurred by the Seller.
7.6 If the Goods are purchased at a distance within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and if the Customer is contracting as a consumer, the Customer has the right to cancel this Contract without giving any reason at any time within 14 days, beginning on the day after the Customer acquires physical possession of the Goods. In this case, the Customer will receive a full refund for the price paid for the Goods including the cost of delivery. To cancel this Contract the Customer must inform the Seller in writing or by using the cancellation form available from the Seller. The Customer must return the Goods to the Seller (at the contract details overleaf) immediately in the same or reasonable condition in which the Customer received them in (which includes incurring less than 1,000 miles since delivery), at the Customer’s direct cost and risk. The Seller may withhold the refund until the Seller receives the Goods or the Customer has supplied evidence of having sent the Goods back, whichever occurs earliest. Alternatively, the Customer makes the Goods available for collection and pay the Seller's reasonable costs of collection (at the Customer's risk until collection). The Seller shall make the refund (using the same means as the initial transaction, unless expressly agreed otherwise between the parties) without undue delay and not later than 14 days after the Seller receives the Goods. The Customer has a legal obligation to take reasonable care of the Goods while they are in the Customer’s possession. If the Customer fails to comply with this obligation, the Seller has a right to make a deduction from the refund for the loss in value of the Goods, if the loss is as a result of the Customer's unnecessary handling of the Goods. The Seller reserves its right of action against the Customer for compensation.
8.General
8.1 Where the Customer is not a consumer all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
8.2 This contract is entered into on the express representations that where the Customer is not a consumer (as defined by the Consumer Rights Act 2015) and the Goods are new they are: (i)not being purchased with a view to resale for commercial gain within a period of three months of the delivery date and/or (ii) they are not being exported outside of the United Kingdom, EU or EFTA.
8.3 The Terms and Conditions of this contract for the sale of the Goods detailed on the Order Form overleaf is for the Customer named overleaf solely and any transfer or assignment of any contractual rights or benefits under this contract is strictly prohibited save for the provisions detailed in clause 11.
8.4 The sum payable by the Customer in respect of value added tax shall be such as the Seller is actually required to account for in respect of the Goods at the time the relevant taxable supply occurs and any statement of such tax contained in the Order shall be deemed to be an estimate and liable to be varied accordingly.
8.5 Mercedes-Benz operates a comprehensive customer complaints procedure, the Customer Service Charter is available at www.mercedes-benz.co.uk or from the Seller upon request.
8.6 If the Customer is unable to resolve their complaint using the Mercedes-Benz customer complaints process (see 8.5), the Customer can ask The Motor Ombudsman to review the complaint. More information is available at www.themotorombudsman.org. The Customer can make contact with The Motor Ombudsman by writing to 71 Great Peter Street, London SW1P 2BN or calling 0345 241 3008. Alternatively, if the Goods are subject to a finance agreement, the Customer can ask the Financial Ombudsman Service to review the complaint. More information is available at www.financial-ombudsman.org.uk. The Customer can make contact with the Financial Ombudsman Service by writing to Exchange Tower, Harbour Exchange, London, E14 9SR or by calling 0800 023 4567 or 0300 1239 123.
9.Liability
9.1 Where the Customer is not a consumer the Seller shall not be liable for any indirect or consequential losses.
9.2 Where the Customer is a consumer and the Seller fails to comply with these terms, the Seller shall be responsible for loss or damage suffered by the Customer that is a foreseeable result of the Seller breaching the Contract Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, the parties knew it might happen, for example, if discussed during the sales process.
9.3 This clause 9 does not limit the liability of the Supplier for death or personal injury caused by the Supplier's negligence or for fraudulent misrepresentation.
10.Alterations to Specification
10.1 Unless the Customer directs otherwise and subject to the remaining provisions of this Clause, the Seller shall carry out or shall procure the carrying out of any and all modifications to the Goods.
10.2 In the event that the Seller carries out or procures the carrying out of any modifications to the Goods, such modifications shall only be made in accordance with the Specification. The Specification may be varied by agreement in writing between the parties at any time.
10.3 If the Customer directs the Seller to use a third party other than a Qualified Partner to provide or carry out any modifications to the Vehicle(s) within the warranty period the Seller shall have no obligations under the warranty.
10.4 The Customer shall indemnify the Seller against all claims made against the Seller as a result of work done in accordance with the Customer's specification or design which involves the infringement of any patents, registered designs, trademarks or copyright.
10.5 The Seller shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Seller is not responsible for such specification and supply.
11.Finance Companies
11.1 Notwithstanding the Terms and Conditions of this Order the Customer may, at any time prior to the expiry of 7 days after notification to him that the Goods are ready for delivery, arrange for a Finance Company to purchase the Goods from the Seller at the contract price. The Terms and Conditions of this Order shall apply to such purchase with the Finance Company save that the used vehicle for which an allowance was agreed to be made to the Customer shall be purchased by the Seller at a price equal to such allowance upon the conditions set out in Clause 5 above and the references to "delivery" or "delivered" in relation to the Goods shall be construed as meaning delivery or delivered by the Seller to or to the Order of such Finance Company and the Seller shall be accountable to the Finance Company on behalf of the Customer for the said allowance and any deposit paid by the Customer in respect of this Order.
12.Invoicing, Taxes, Export - This section applies to export sales and sales to diplomats
12.1 Where Incoterms are quoted on the front of this Order and there is a conflict between the specified Incoterm and this clause 12 the Incoterm shall take precedence.
12.2 Invoices may be issued in Sterling or Euro at the discretion of the Seller. The Seller may change an Order that was originally ordered in Sterling but is to be subsequently invoiced in Euro, or vice versa, the Seller shall apply the exchange rate applicable on the day of invoicing and using the foreign exchange rate advertised by the Barclays Bank plc.
12.3 The Customer acknowledges and agrees that they are responsible for all taxes in relation to the Goods and that the price of the Goods is exclusive of Value Added Tax (VAT). The sum payable by the Customer in respect of VAT shall be such as the Seller is actually required to pay in respect of the Goods at the time the relevant taxable supply occurs and any statement of tax contained in this Order shall be deemed to be an estimate and liable to be varied accordingly.
12.4 Where the Goods are intended for export or removal outside the United Kingdom and the taxable supply is zero-rated, the Customer is responsible for complying with all conditions of export and removal outside the United Kingdom and the Customer agrees to indemnify the Seller against any subsequent VAT charge or costs as a result of not complying with the conditions of export or removal.
12.5 Where the Customer is arranging export of the Goods from the United Kingdom, the Customer agrees to pay deposit equivalent to the VAT payable on the supply of the Goods with the Seller. The Seller will return the deposit within 30 days of receiving evidence of export of the Goods as required by HM Customs & Excise. Such deposit shall not bear interest.
13.Jurisdiction
13.1 The contract for the purchase of the Goods is governed by English law and is subject to the jurisdiction of the English courts.
Hedin Automotive London Ltd June 2023
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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