Midlands Truck and Van Limited Sales Terms & Conditions
Where the Customer is a consumer nothing in these terms and conditions shall affect the Customer’s statutory rights under the current Sale of Goods Act or the Unfair Contract Terms Act.
Terms and conditions
1. This order and any part exchange allowance in respect of a used motor vehicle tendered by you the Customer are subject to acceptance in writing by the Seller on the order form overleaf. In these Terms and Conditions words defined overleaf on the order form have the same meanings when used below, and “the goods” means the vehicles and/or parts specified to be purchased by the Customer on the order form.
2.1. Any delivery date given (whether the same is specified in this order or has been previously or is sequentially specified) is not guaranteed by the Seller and until paragraph 2.2 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 caused wholly or partly by factors outside its control. The Seller shall not be required to supply vehicles in the sequence in which orders are placed.
2.2. If the Seller fails to deliver the goods within 28 days of any estimated date of delivery stated in this order the Customer may 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 delivered to the Customer within the said 10 days the contract shall be cancelled and the customers deposit shall be refunded.
2.3. The Seller will, if requested by the Customer, provide a written explanation as to why there is a delay in the delivery.
3. If the goods to be supplied by the Seller are new the following conditions shall apply:
3.1 The good may be delivered with minor alternations 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 order to comply with acceptable safety, statutory or other regulatory requirements.
3.2 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 standard 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 own warranty can be obtained from the Seller on request. If the Customer is not a consumer all statements conditions or warranties as to the quality of the goods or their fitness for any particular purpose whether expressed or implied by the law or otherwise are hereby expressly excluded.
3.3 The sum payable by the Customer in respect of value added tax 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 such tax contained in the order shall be deemed to be an estimate and liable to be varied accordingly.
3.4 If the manufacturer or concessionaire shall vary its recommended price for the goods in any way after the date of this order but before the 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 manufacturer of the goods ceases to make the goods 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. If the goods to be supplied by the Seller comprise a used vehicle the following conditions shall apply:
4.1 The used vehicle is to be supplied (unless otherwise specified) as roadworthy at the date of delivery and where the Customer is a consumer;
(i) The vehicle is sold subject to any conditions or warranty implied by the then current Sale of Goods Act.
(ii) Prior to signing this order the Customer shall examine the vehicle and complete a Customer's Certificate of Examination. The Customer is reminded that the condition of satisfactory quality implied by Section 14(2) of the Sale of Goods Act 1979 does not operate in respect of defects which such examination should reveal. If the goods are sold also subject to defects notified by the Seller to the Customer prior to signing the order such condition of satisfactory quality does not apply in relation to those defects.
4.2 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 and otherwise are hereby expressly excluded.
4.3 The Seller shall use its reasonable endeavours to obtain from the Customer the benefit of any warranty given by the manufacturer for any accessories fitted as new to the vehicle.
5. The contract for the purchase of the goods is governed by English law and is subject to the jurisdiction of the English courts.
6. 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 ready 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.
7. Until the price has been paid in full by the Customer the goods shall remain the property of the Seller and in the case of payment by cheque until the relevant cheque has been cleared by the paying bank. Risk passes on delivery.
8.1 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 customers used vehicle shall be subject to the following conditions:
(i) That the used motor vehicle is the absolute property of the Customer free from all encumbrances; or
(ii) That the used motor 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
8.2 If the used motor 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 and with the exception of fair wear and tear.
8.3 The used motor vehicle shall be delivered to the Seller on or before supply of goods to the Customer and the property in the used motor vehicle shall pass to the Seller immediately upon such delivery.
8.4 Without prejudice to 8.3 above if the Seller shall serve notice upon the Customer in accordance with the Clause 6 above the used motor vehicle shall be delivered to the Seller before the expiry of such notice.
8.5 If through no fault on the part of the Seller the goods are not delivered to the Customer within 30 days after the date of this order or the estimated delivery date whichever is the later (“the delivery period”) the allowance to made in respect of the used motor vehicle shall be reduced by an amount not exceeding 2 ½ % per month or part month commencing from the expiry of the delivery period and ending on the actual date of delivery of goods to the Customer.
9. Any notice to be given must be in writing and be sent by first class prepaid post to the residence or business address of the person to whom it is addressed. It shall be deemed to have been received on the next business day of posting.
10. 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 save for the used vehicle for which an allowance as agreed to be made to the Customer shall be purchased by the Seller at a price equal to such allowance upon the condition set out in Clause 8 above (provided that in paragraphs 8.3 and 8.5 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 price and any deposit paid by the Customer in respect of this order.
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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