Rygor Commercials Limited Sales Terms & Conditions

CONSUMER TRANSACTIONS
Nothing herein contained is intended to affect
nor will affect the Consumer's Statutory Rights under the Sale of Goods Act 1979
OR THE UNFAIR CONTRACT TERMS ACT 1977 OR ANY AMENDMENT THEREOF

This order and any part exchange allowance in respect of a used motor vehicle tendered by the Customer are subject to acceptance and confirmation in writing by the Seller.

2. (a) Any delivery date given (whether the same is specified in this order or has been previously or is subsequently  specified) is not guaranteed by the Seller and 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. The Seller shall not be required to supply vehicles in the sequence in which orders are placed.
(b) 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.

3. If the goods to be supplied by the Seller are new the following conditions shall apply:
(a) This order and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer or Concessionnaire may from time to time lawfully attach to the supply of the goods or the resale of the goods by the Seller and the Seller shall not be liable for any failure to deliver the goods caused by its inability to obtain them from the manufacturer or Concessionnaire or by its compliance with such terms or conditions. (A copy of which may be inspected by the Customer upon request).
(b) The Seller undertakes to use its best endeavours to obtain for the Customer the benefit of any warranty or guarantee given to it by the Manufacturer or Concessionnaire in respect of the goods and save in the case of consumer sales (as defined by the Sale of  Goods Act 1979) all statements conditions or warranties as to the quality of the goods or their fitness for any  particular purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
(c) 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.
(d) If the Manufacturer or Concessionnaire shall vary its recommended price for the goods in any way after the date of this order but 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 but if the Customer fails to give such notice the price as varied by the Seller's notice shall become the contract price.
(e) If the Manufacturer of the goods ceases to make such goods the Seller may (whether the estimated delivery date has arrived or not) cancel the order by notice in  writing to the customer.
(f) The Seller reserves the right to pass on any costs relating to import taxation or duties arising as a result of Brexit. Any such costs will be detailed on the Sellers invoice and payment will be required in full from the Customer prior to release of the goods.

4. If the goods to be supplied by the Seller comprise a used vehicle the following conditions shall apply:
(a) The used vehicle is to be supplied (unless otherwise  specified) as roadworthy at the date of delivery and in the case of consumer sales  (as defined by the Sale of  Goods Act 1979).
(i) the vehicle is sold subject to any conditions or warranty implied bythe Sale of Goods Act 1979 or any amendment thereof.
(ii) prior to signing this order, the customer shall either examine or be satisfied by Rygor’s description of the vehicle. The customer is reminded that the condition of merchantable 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 merchantable quality does not apply in relation to those defects.
(b) Save in the case of consumer sales (as defined) 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.
(c) The Seller shall use its best endeavours to obtain for the customer the benefit of any warranty given by the Manufacturer of any accessories fitted as new to the vehicle.

5. If the order is cancelled under the provision of Conditions 2 or 3  hereof the Seller shall return any deposit paid to the customer but shall be under no further liability.

6.  If the Customer shall fail to take and pay for the goods 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 repudiated by the Customer and thereupon any deposit paid shall be forfeited without prejudice to any right the Seller may have to recover from the Customer by way of damages any loss or expense incurred by the Seller as a result of the Customer's default.

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. Where the Customer offers a used vehicle in part exchange and the Seller agrees to accept the same as part of the sale and purchase of the goods such deduction shall be made from the full purchase price of the goods as may be agreed between the parties (if not specified in the order) subject to the following conditions:
(a) (i) Such used motor vehicle is the absolute property  of the        Customer free from all encumbrances.
or (ii) Such used motor vehicle is subject to a hire purchase agreement or other charge 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.
(b) If such 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 with the exception of fair wear and tear.
(c) Such used motor vehicle shall be delivered to the  Customer on or before supply of the goods to the Customer and the property in the said used motor  vehicle shall pass to the Seller immediately upon such delivery.
(d) Without prejudice to (c) above if the Company shall  serve notice upon the Customer in accordance with Clause 6 hereof such used motor  vehicle shall be  delivered to the Company before the expiry of such notice.
(e) If the goods to be delivered by the Seller shall through  no fault on the part of the Seller not be delivered to the Customer within 30 days after the date of this order or  the estimated delivery date whichever is the later the allowance to be made in respect of the said used motor  vehicle shall be reduced by an amount not exceeding 2.5% per month commencing from the expiry of the said  period of 30 days andending on the date of delivery of goods to the Customer.

9. Any notice to be given hereunder must be in writing and be sent by first class prepaid post to the residence or business address of the person towhom it is addressed. It shall be deemed to  have been received on the nextbusiness day following the 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 price payable hereunder. The Terms and Conditions of  this order shall apply to such purchase save that the used vehicle for which an allowance was agreed hereunder 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 8 above (provided that in (c) and (e) thereof 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.