M-B Truck and Van (NI) Limited Sales Terms & Conditions
1. In these Terms and Conditions:
(a) “Seller” means the Company named overleaf.
(b) “Purchaser” means the customer (or if different the organisation to whom the invoice is addressed).
2. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation in writing by the Seller.
3. (a) The Seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. (The Seller shall not be obliged to fulfil orders in the sequence in which they are placed).
(b) If the Seller shall fail to deliver the goods within 21 days of the estimated date of delivery stated in this contract the Purchaser may by Notice in writing to the Seller require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.
4. If the goods to be supplied by the Seller are new the following provisions shall have effect:
(a) These Terms and Conditions and the delivery of the goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the goods or the re-sale of such goods by the Seller, and the Seller shall not be liable for any failure to deliver the goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the manufacturer or
(b) the Seller undertakes that he will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that he will use his best endeavours to obtain for the Purchaser from the manufacturer or concessionaire the benefit of any warranty or guarantee given by him to the Seller or to the Purchaser in respect of the goods and, save in the case of consumer sales (as defined by the Unfair Contract Terms Act 1977) all statements conditions or warranties as to the quality of the goods or their fitness for any particular purpose whether express or implied by law or otherwise are hereby expressly excluded:
(c) notwithstanding the sum for car tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for car tax in respect of the goods and notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller becomes egally liable for at the time the taxable supply occurs.
(d) if after the date of this order and before delivery of the goods to the Purchaser the manufacturers or concessionaires recommended price for any of the goods shall be altered the Seller shall give notice of any such alteration to the Purchaser and:-
(i) in the event of the manufacturers or concessionaires recommended price for the goods being increased the amount of such increase which the Seller intends to pass on to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Purchaser does not give such notice as aforesaid the increase in price shall be added to become part of the contract price
(i) in the event of the recommended price being reduced the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice.
(e) in the event of the manufacturer of the goods described in the order ceasing to make goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser, cancel the contract.
5. If the contract be cancelled under the provisions of clauses 3 or 4 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability
6. If the Purchaser shall fail to take and pay for the goods within 14days of notification that the goods have been completed for Delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Sellers right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchasers default.
7 The goods shall remain the property of the Seller until the price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared
8. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted,As part of the sale and purchase of goods and upon the following further conditions:
a) (i) that such used vehicle is the absolute property of the Purchaser and is free from all encumbrances; or
(ii) that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof;
(b) that if the Seller has examined the said used vehicle prior to his confirmation and acceptance of this order, the said used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and tear excepted);
(c) that such used vehicle shall be delivered to the Seller on or before delivery of the goods to be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass to the Seller absolutely;
(d) that without prejudice to (c) above such used vehicle shall be delivered to the Seller within 14 days of notification to the Purchaser that the goods to be supplied by the Seller have been completed for delivery;
(e) that if the goods to be delivered by the Seller through no default on the part of the Seller shall not be delivered to the Purchaser within 30 after the date of his order or the estimated delivery date, where that is later, the allowance on the said used vehicle shall be subject to reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days to the date of delivery to the Purchaser of the goods. In the event of the non-fulfilment of any of the foregoing conditions, other than (e) the Seller shall be discharged from any obligation to accept the said used vehicle or make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller.
9. Any notice given hereunder must be in writing and sent by post to the residence or place of business of the person to whom it is Addressed and shall be deemed to have been received in due course of post.
10. Notwithstanding the provisions of these terms and conditions the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the goods have been completed for delivery to arrange for a finance company to purchase the goods from the Seller at a price payable hereunder. Upon the full discharge of the Purchase price of the goods by such finance company the preceding clauses of these Terms and Conditions except clauses 4 (b) shall cease to have effect, but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance, upon the conditions set forth in clause 8 above (save that in (c), (d) and (e) thereof all references to “delivery” or “delivered” in relation the “the goods” shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the Purchaser for the said price of any deposit paid by him under these Terms and Conditions.
11. Warranty
(a) New Vehicles: The Seller will pass on to the Purchaser the benefit of warranty issued by the manufacturer of the goods sold. Details of the warranty can be seen at the premises of the Seller.
(b) Used Vehicles: All implied or expressed warranties on used vehicles sold are hereby excluded.
12) Dealer fitted accessories do not necessarily benefit from the Warranty terms and conditions attaching to the vehicle to which they are fitted.
Dealer fitted accessories supplied by Mercedes-Benz UK Ltd benefit from a separate two year warranty and are indicated thus.*
Dealer fitted accessories not supplied by Mercedes-Benz UK Ltd are not warranted by the Seller and the Seller cannot accept responsibility for their longevity, integrity or suitability. They are indicated thus **
(13) Other third party works, whether or not included in the sale invoice shall be the sole responsibility of the purchaser. In no circumstances will the Seller accept primary responsibility for their longevity, integrity or suitability.
14 Any Import tariffs due as a result of no deal Brexit will be payable by customer
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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This vehicle is supplied by Mercedes-Benz UK Ltd via your choice of participating Dealer & subject to their Terms & Conditions.
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This vehicle is supplied by Mercedes-Benz UK Ltd via your choice of participating Dealer & subject to their Terms & Conditions.
To choose a Dealer, please enter a postcode, location or name of your preferred participating Dealer.
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