LSH Auto UK Limited Sales Terms & Conditions

1. Definitions

"Customer" means the person identified in the Order as the purchaser of the Goods 
“Consumer” means a Customer who is purchasing the Goods for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession 
"Finance Company" means the finance company that the Customer has entered into a credit agreement with in respect of the Order 
"Goods" means the vehicle and and/or parts specified to be purchased or acquired by the Customer on the Order 
"Manufacturer" means manufacturer of the Goods listed in the Order 
"Order" means the order form over the page (to be signed by the Customer and the Seller) 
"Part Exchange Allowance" has the meaning given to it in clause 6 of these Terms and Conditions 
"Seller" means LSH Auto UK Limited, a company registered in the UK (Company Number 10066569) with its registered office at Mercedes-Benz Of Birmingham Central, Lawley Middleway, Birmingham, United Kingdom, B4 7XH 
"Us" or "We" means the Seller 
"You" means the Customer 

2. The purpose of this agreement 

 2.1. These terms govern the basis on which You will acquire the Goods set out in the Order. 
2.2. If We are selling the Goods to You, then certain terms will apply, including those set out at clause 3. 
2.3. If You are taking out finance to acquire the Goods, then these terms will apply slightly differently, including those set out at clause 4. This is because We are selling the Goods to the Finance Company, rather than to You directly. 
2.4. If You are purchasing the Goods online, or via any other form of organised distance sales scheme for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be entitled to certain additional cancellation rights. These are set out at Clause 8. 
2.5. These terms should be read alongside the Order. The Order will provide details of what You have ordered, the price of the Goods, as well as other important information. It (and any Part Exchange Allowance referred to in it) is subject to acceptance in writing by Us. 
2.6. Please check the price on your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, we may end the contract, refund You any sums You have paid and require the return of any Goods provided to You. 
3. If We're selling the vehicle to You Satisfactory quality 

3. If We're selling the vehicle to You 

Satisfactory quality 

3.1. If You are a consumer, the Goods will 
(a) be of satisfactory quality and fit for any particular purpose made known to Us at the point of delivery of the Goods; and 
(b) match the description, sample or model described in the Order. 
3.2. If You are a business customer, all statements, conditions or warranties as to the specification or quality of the Goods, or their fitness for any purpose, including those set 
out in these terms, whether expressed or implied by law, are excluded. 
Changes to the Goods 
3.3. Subject to Your express agreement, the Goods may be delivered with minor changes to the specification of the Goods, and so may differ from the sample seen by You in a catalogue, showroom, advertisement or online. If the Goods are not what You ordered, or You do not agree to the changes, You may have the right to reject the Goods in accordance with the procedure set out at clause 3.8 below. Please note that if any sample, description or specifications seen by You contains errors that are obvious and unmistakeable and could reasonably have been recognised by You as a mistake, we will be under no obligation to ensure that the Goods correspond with the mistaken sample, description or specification, which shall not be deemed to form part of your Order. 

Changes to the price of the Goods 

3.4. You acknowledge that at the time you place Your Order with Us, You are aware of the risk that the price specified in Your Order could be subject to change if We are exposed to an increase in the cost of the Goods as a result of price increases imposed by the Manufacturer before We acquire the Goods and deliver them to You. 
3.5. If the Manufacturer notifies Us that it has increased the cost of the Goods after the date of the Order but before We have delivered the Goods to You in accordance with clause 7, We may vary the price listed in the Order to reflect any such increase in price that has been notified to Us by the Manufacturer. If this happens, we will notify you in writing of the new Order price (the Price Variation Notice) and You will have 28 days to decide whether you wish to proceed with the Order or cancel. We will not deliver the Goods to You during this period. Following Your receipt of the Price Variation Notice: 
(a) If You wish to cancel the Order, You must notify Us in writing within 28 days of receiving the Price Variation Notice and inform Us of your desire to cancel the Order. You can contact Us either by email at internet.enquiries@lshauto.co.uk or by post to LSH Auto UK, Lawley Middleway, Birmingham, West Midlands, B4 7XH. Upon receipt of Your notice of cancellation, the Order will be cancelled and You will be refunded any amounts already paid to Us. 
(b) If You do not contact Us within 28 days after receipt of the Price Variation Notice, the price specified in the Price Variation Notice will automatically take effect and the Order price varied accordingly. We also reserve the right to amend the delivery date if this has been delayed or suspended during the 28 day period. 
(c) Alternatively, You can proactively contact Us before the 28 day period expires using the details above and notify Us that You wish to accept the Price Variation Notice, in which case Your Order will proceed with the price specified in the Price Variation Notice. 

Defects 

3.6. Before signing this Order, You must examine the Goods and complete a Customer's Certificate of Examination. Where You are a consumer, We remind You that the condition of satisfactory quality implied by Section 9 of the Consumer Rights Act 2015 does not apply to defects which would have been obvious when You examined the Goods, or which were specifically drawn to your attention by Us before signing the Order; 
3.7. If the Goods have defects which would not have been obvious when You examined them, or which were not specifically drawn to your attention by Us when acquiring the vehicle, You may have the have the right to reject the Goods, in accordance with the process at clause 3.8 below. 

Right to reject 

3.8. If You have the right to reject, You must let Us know using the contact details set out in the Order. You have 30 days to exercise the right to reject the Goods, starting with the day after the Goods are delivered to You. If You do not reject the Goods within 30 days, You may still have available to you other remedies, including having the Goods repaired or replaced. If You reject the Goods within the first 30 days, We will refund any deposit you have paid without delay. 

Manufacturer's Warranty 

3.9. If the Goods comprise a new vehicle, they will have the benefit of the Manufacturer's standard warranty, as provided by the Manufacturer at the date of delivery. You can obtain details of that warranty from Us on request. The Goods will also have the benefit of a separate warranty from Us, as provided by Us at the date of delivery. Again, details about the Seller's warranty, including any terms can be obtained from Us on request. 
3.10. If the Goods comprise a used vehicle, We will use our reasonable endeavours to obtain for You the benefit of any warranty given by the Manufacturer for any accessories fitted as new to the vehicle. 

Payment and passing of risk 

3.11. Until the price has been paid in full with cleared funds by You, the Goods will remain the property of the Seller. Where You make payment by cheque, this will be until the cheque has been cleared by the paying bank. The Goods with be the responsibility of the Seller up to the point they are delivered to You or collected by You, if you are responsible for collection. From that point, responsibility for the Goods will transfer to You. If the Goods comprise a vehicle, the actual time of delivery or collection will 
be the time that the keys to the vehicle are passed to You or your agent. 

4. If You're financing the vehicle 

 4.1. We will sell the Goods to the Finance Company, who will then in turn provide the Goods to You under the terms of the separate finance agreement You will enter into with them. The terms under which We sell the Goods to the Finance Company are set out in a separate agreement between Us and them.
4.2. Where You're financing the vehicle, all statements, conditions or warranties as to the specification or quality of the Goods, or their fitness for any purpose, including those set out in these terms, whether expressed or implied by law, are excluded.
4.3. Where You are a consumer, You have the right to withdraw from this agreement up to the point at which You sign the finance agreement with the Finance Company. If You wish to withdraw from this agreement, You must let Us know using the contact details set out in the Order.
4.4. If You're taking out finance to acquire the Goods at a distance within the meaning of the Financial Services (Distance Marketing) Regulations 2004, You may cancel at any time within 14 calendar days, beginning on the day after you received the Goods. In this case, You would receive a full refund for the price paid for the Goods, within 14 days of You having returned the Goods to the Finance Company. More information can be obtained from the Finance Company. 

5. Deposits

5.1. If you exercise any right to reject (in accordance with clause 3.8 above), or the contract is cancelled under any of the circumstances set out at clause 8 below, We will 
provide You with a full refund of any deposit You have paid, without undue delay. 
5.2. Where You are financing the vehicle, We will be accountable to the Finance Company for any deposit paid by You. Any refunds of Your deposit will be made to the 
Finance Company. 

6. If You have a part exchange 

6.1. Where You offer a used vehicle in part exchange to acquire the Goods, and We agree to accept the used vehicle as part of the sale and purchase of the Goods, a deduction in the purchase price will be made (the Part Exchange Allowance). This amount will be specified in the Order. Where You offer a vehicle in part exchange and the Order does not specify an amount, the deduction in purchase price will be for an amount to be agreed between You and Us. 
6.2. The purchase of your used vehicle will be subject to the following conditions: 
(a)the used vehicle is your absolute property. No one else has any rights over the vehicle, and it is free from all encumbrances or charges; or 
(b) the used vehicle is subject to a hire purchase agreement or other finance agreement, which is capable of cash settlement by the Seller. In these 
circumstances, any Part Exchange Allowance agreed shall be reduced by the amount required to settle the outstanding debt. 
6.3. You will arrange for the used vehicle to be delivered to Us on or before the Goods are delivered to You (subject to anything different you may agree with Us). The property 
in the used motor vehicle shall pass to Us immediately upon such delivery. The actual time of delivery will be the time the keys to the vehicle are passed to Us or our 
agent. 
6.4. You agree to provide the following documentation for the used vehicle before completing the purchase of the Goods and at the latest, at the point the vehicle is delivered 
to Us: 
(a) V5 Registration Document; 
(b) current MOT Certificate; and 
(c) full service history. 
In some circumstances We may need proof of your identity and verification that You own the vehicle.