Supply Terms


TERMS & CONDITIONS OF SUPPLY (NEW VEHICLES)



1.These terms and conditions (the “Terms”) apply to the supply to you of motor vehicles by FTS Group Limited ('The Supplier'), whose registered office is Suite 116, Unit F, Dolphin Industrial Estate, Windmill Road, Sunbury on Thames, Surrey, TW16 7HT. Where these Terms refer to “us”, “we” or “our” they are referring to The Supplier and where these Terms refer to “you” or “your” they are referring to the customer who buys a vehicle from us.

2. A contract will only be formed between you and The Supplier when we have accepted your order and returned to you an order form signed by us.

Goods and Services
3. In return for payment in full The Supplier will source a motor vehicle and sell the vehicle to you to the specification agreed between us in writing.

4. The Supplier is not obliged to sell to you any motor vehicle or other goods or services not agreed between us in writing.

Purchasing a motor vehicle from The Supplier
5. The Supplier will provide a written quotation for the price of your motor vehicle together with an order form. You must sign both copies of the order form and return them both to The Supplier. If The Supplier accepts your order The Supplier will then sign the order form and return one copy to you as confirmation of your order.

6. You will be required to pay a deposit before your order can be accepted. The Supplier will provide details of the required deposit on the vehicle order form and your deposit must be received before The Supplier can confirm your order.

7. The balance of the purchase price must be paid to The Supplier in cleared funds;

7.1. 14 days before delivery for vehicles ordered specially for you; or

7.2. 7 days before delivery for vehicles from The Supplier’s stock; or

7.3. by any other date agreed between us in writing.

Cancellation
8. Once we have issued the written confirmation of your order, you will not be entitled to cancel the agreement thereafter unless covered by circumstances described in these terms and conditions, or unless we agree otherwise (in which case we reserve the right to charge a cancellation fee).

9. If delivery of the vehicle is delayed for an unreasonable time, and the cause is not industrial action, strike, dispute affecting any stage of the supply chain or factory shutdown you have the right to cancel the order by advising us in writing within 7 days of receiving notice of the delay from us and to receive a refund in full of any monies you have paid to us.

10. If the manufacturer makes a material change to the specification, you have the right to cancel the order by advising us in writing within 7 days of receiving notice of the change from us and to receive a refund in full of any monies you have paid to us.

11. Minor changes to specification made by the manufacturer in the course of product development, including (but not restricted to) specification, standard equipment, optional extras and colour shades, do not give you the right to cancel the order. You should satisfy yourself that no changes are being introduced by the manufacturer before entering into the order.

12. If the vehicle does not correspond with the order in all material respects you may reject it during delivery and the purchase contract between us will be cancelled. You will then receive a full refund of the purchase price that has been paid.

13. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you may also cancel the order by writing to us at the address shown above within 7 working days after the day we deliver the vehicle to you.

14. Where you cancel your order under clause 13, above, the following terms and conditions shall apply:

14.1 You must, at your own expense, return the vehicle (including its keys, registration documents and anything else supplied with the vehicle) to us at the address above. If you request us to collect the vehicle, or where we do so because you have failed to return the vehicle to us within 10 working days after you notified us of your cancellation then you will be liable to pay a collection charge of £300 plus VAT. Where this charge is incurred we reserve the right to withhold the sum equal to that charge from any refund that you may be entitled to.

14.2 You have a duty to take reasonable care of the vehicle from the time of delivery until it is restored to us. For the avoidance of doubt, you will be deemed to have not taken reasonable care of the vehicle if it has sustained any damage or the odometer of the vehicle registers an increase in mileage of more than 20 miles from the mileage on the odometer at the time of delivery.

14.3 If the vehicle has sustained any damage (including any mileage in excess of that described in this clause) whilst in your care and this is not rectified fully and properly before it is restored to us we reserve the right to withhold from any refund that you may be entitled to a sum representing the cost of repair and a sum to cover any mileage in excess of that described in this clause.

14.4 If the vehicle has been supplied to you under a finance or rental agreement arranged by us then we will deduct from the refund the full amount of any processing fee charged for arranging the finance or rental/hire.

14.5 We shall give you a full refund of all sums paid by you in relation to the cancelled vehicle (less any sums that we are entitled to withhold under clauses 14.1 to 14.4 above) within 7 days of the vehicle being restored to us.

Delivery
15. Delivery of the motor vehicle will be made to your UK mainland address. If you do not have a UK mainland address delivery will be made to the operational UK passenger railway station nearest to your actual address or to another place agreed in writing between us.

16. All vehicles will be driven to the delivery address unless a trailer delivery is requested by you, in which case an additional charge will apply.

17. It is your responsibility to inspect the vehicle upon delivery and you will be required to sign a delivery confirmation document confirming the condition of the vehicle and the mileage registered on the odometer at the time of delivery. You are responsible for the cost of repairing any damage to the motor vehicle not recorded on the delivery confirmation.

Title & Risk
18. Risk in relation to the vehicle will pass entirely to you upon your signing of the delivery confirmation document, including any requirement to conform to legal obligations regarding the placement or use of the vehicle on a public road and you must arrange insurance cover for the vehicle effective from your signing of the delivery handover confirmation document.

19. Ownership of any vehicle supplied remains with The Supplier until The Supplier has received payment in full from you or your nominated paying agent.

20. In the event that you or a nominated payment agent of yours fail to pay to The Supplier the full purchase price of the motor vehicle within 30 days of delivery The Supplier will be entitled to recover all goods supplied and for which payment has not been received. You agree to permit The Supplier access to your premises in order to recover the goods at any reasonable hour on any day that is not a Sunday or a public holiday or a bank holiday. The Supplier will also be entitled to recover from you reasonable costs incurred in recovering the goods.

Alterations and additions to Vehicles
21. Until payment in full from you or a nominated payment agent of yours has been received by The Supplier you may not without the written permission of The Supplier modify, adapt or disassemble in part or in whole the vehicle or any accessories supplied or any part of them.

22. If you do modify, adapt or disassemble the vehicle or its accessories and the motor vehicle is subsequently returned to The Supplier for any reason, you will be liable for the cost of returning the vehicle or accessory to its original condition.

Limits of Liability
23. Nothing in these Terms shall affect your statutory rights.

24. The Supplier makes no warranty or representation express or implied to you as to the quality, performance, merchantability or fitness of any goods or services supplied under these Terms other than those provided for in the Consumer Rights Act 2015 as amended.

25. To the maximum extent permitted by law, the warranties and remedies contained in these Terms are exclusive and in lieu of all others whether oral verbal written expressed or implied.

26. Nothing in these Terms shall operate to limit or exclude The Supplier’s liability to you for death or personal injury caused by any negligent act or omission or wilful misconduct of The Supplier, its employees or agents, or for fraudulent misrepresentation or fraudulent concealment, or for any other liability which cannot be limited or excluded by law.

27. The Supplier will not be liable to you for any loss of profits, business, revenue, anticipated savings, enjoyment or use or for any indirect or consequential loss or damage whatsoever, even if we knew in advance of the possibility of such loss or damage.

28. Subject to clauses 26 and 27, The Supplier’s total liability to you arising out of or in connection with the sale of the vehicle will be limited to the purchase price.

Changes to these Terms
29. Unless otherwise notified in writing to you by The Supplier, no agent, distributor dealer or other person acting or purporting to act for The Supplier may make any addition to or modification of these Terms contained here and you acknowledge that no other warranties are sought or given.

Place of Supply
30. The place of supply of goods and or services under this agreement shall be the principal place of business of The Supplier unless otherwise agreed between the parties in writing and The Supplier shall in no circumstances be obliged to attend any other place in the performance of this agreement.

Force Majeure
31. In the event that The Supplier is prevented from fulfilling its obligations under this agreement due to circumstances beyond its control The Supplier will be absolved from any penalty forfeiture or other imposition.

Assignment and Third Parties
32. The Supplier has the right to assign or transfer any or all of its obligations or responsibilities under these Terms at any time provided that it gives you 30 days notice in writing, but otherwise nothing in these Terms gives any person who is not a party to them any benefit or any right to enforce anything in these Terms. Any contract that is formed between The Supplier and you is personal to you. You are not permitted to assign or transfer it to a third party without having first obtained The Supplier’s written consent.

Extent
33. This document constitutes the whole of the agreement between The Supplier and you with regard to the supply of goods and or services. No other representations terms or conditions are expressed or implied.

General
34. These Terms will be construed under the laws of England and subject to the jurisdiction of the English Courts in respect of any dispute regarding the agreement.

35. Should part or all of any of the terms or conditions of these Terms be found to be invalid or unlawful then this shall not invalidate the remainder of the term or condition or any other term or condition which shall be deemed to be modified accordingly.

36. Notice to The Supplier under this agreement shall be sent to its principal place of business and shall be deemed to have been received four days after posting. Notice to you shall be sent to the address for delivery of the goods and or services to be supplied or to any other address as shall be agreed between the parties and shall be deemed to have been received four days after posting.

37. In order to perform the contract between The Supplier and you we may collect personal information from you. You agree that we may use this information and pass it to our suppliers, agents, sub-contractors, dealers and distributors solely for the purpose of performing our obligations under these Terms and any ancillary contracts. This may include, but is not limited to, your name, postal and delivery address, telephone number, email address and payment details. We will ensure that your information is kept securely by us and we will deal with it in accordance with the Data Protection Act 2018 and the General Data Protection Regulation as it applies in the UK.

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Contact

0330 444 0400
(+44 1792 224319 outside UK)

info@drivesmart.co.uk