TERMS - The Car Buying Company

THE CAR BUYING COMPANY -TERMS OF SALE

The Car Buying Company Ltd. (“the Car Buying Company, we/us/our”), is a private company limited by shares incorporated in England and Wales with company registration number 12311989 and with its registered address at 167-169 High Road, Loughton, Essex, IG10 4LF, England.

These terms of sale (the “Terms”) together with the documents referred to herein set out the terms on which the we sell vehicles and associated services.

Please read the Terms fully before you buy vehicles from us and/or sign our standard written purchase/invoice agreement. We recommend that you keep a copy of the Terms for future reference.

By sending us any Deposit or Part Payments we assume that you’ve read this document in full and agree to all of our Terms.

1. DEFINITIONS

In the Terms these words shall have the following meaning unless the context requires otherwise:-

“The Customer” means the person, firm or company, placing the order (contracting) for goods and services to be supplied by the Car Buying Company.

“Allowance” means the amount specified on the Order as allowed by the Car Buying Company against a Part Exchange Vehicle.

“Contract” means the contract for the sale and purchase of the Vehicle to which the Terms apply.

“Order” means the order set out as part of the purchase of the Vehicle (Order Form).

“Part Exchange Vehicle” means the used vehicle (if any) offered by the Customer in part exchange for the Vehicle, details of which are located on the Order under the heading “Part Exchange Vehicle Details”.

“Purchase Price” means the price for the Vehicle at the date of the Order.

“Vehicle” means any car detailed in the Order including any parts, accessories and extras detailed in the Order.

2. CONTRACT AND INTERPRETATION

1.
The Terms together with the documents referred to herein shall represent the whole, and only, contract between the Car Buying Company and the Customer. They may only be varied by written agreement between the Customer and an authorised representative of the Car Buying Company. By entering into the Contract, you confirm that you accept and agree to comply with the Terms.
2.
Headings are for convenience only and do not affect the construction of the Contract.
3.
On such occasion that any one or more of the Terms being declared unenforceable, the remaining part of the Terms shall nonetheless remain in full force and effect.

3. FORMATION OF CONTRACT

1.
The Order is the Customer’s offer to purchase the Vehicle upon such terms as specified in the Order. The Contract is formed upon the Car Buying Company accepting the offer included in the Order by an authorised representative signing and dating the Order.
2.
The Order and any allowance in respect of a Part Exchange Vehicle are subject to acceptance and confirmation in writing by the Car Buying Company.
3.
The Contract is personal to the Customer, who shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Car Buying Company.

4. CANCELLATION

1.
Unless entitled to do so under clause 4.2, clause 5.6 or clause 15, the Customer may not cancel the Contract without the prior written agreement of an authorised representative of the Car Buying Company. If the Customer seeks to cancel the Contract in any other manner, the Car Buying Company may (without prejudice to its other rights and remedies) retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Car Buying Company in connection with the Vehicle, the Contract and/or the cancellation of the Contract. If the Customer cancels under clauses 4.2, 5.6 or 15 the Car Buying Company shall return to the Customer any deposit paid; the Customer shall thereafter have no further liability to the Car Buying Company under the Contract.
2.
If the Vehicle is purchased at a distance within the meaning of The Consumer Contracts (Information Cancellation and Additional Charges) Regulations2013, the Customer may within 14 days of delivery cancel the Contract and require the Car Buying Company to refund the Purchase Price. In this instance, the Customer must keep the Vehicle in a reasonable condition and return the Vehicle or make it available for collection and pay the Car Buying Company reasonable costs of collection and the difference, if any, between the value of the Vehicle when returned and the Purchase Price.
3.
If the Customer does not pay for and take delivery of its vehicle within 7 days of notification that the vehicle is available for delivery, the Car Buying Company shall be at liberty to treat the Contract as cancelled. If this happens or if the Customer cancels the Contract for any other reason not permitted by the Contract, the Car Buying Company will sell the vehicle to another person. The Car Buying Company will refund the Customer’s deposit but before the Car Buying Company does so, the Car Buying Company is entitled to recover from the deposit the additional costs the Car Buying Company incurred in selling the Vehicle plus any reduction in the sales price achieved. The Car Buying Company will provide copies of any receipts if the Customer requests them.
4.
The Car Buying Company reserves the right to make a reasonable daily charge for the storage of the Vehicle.

5. DELIVERY

1.
Unless otherwise specifically agreed in writing ‘Delivery’ means the Car Buying Company making the Vehicle available at the Car Buying Company’s premises for collection by the Customer. Risk in the Vehicle shall pass on Delivery. In the event of cancellation, for any reason, the Customer agrees to return the Vehicle including any parts, accessories and extras detailed in the Order by delivery to the Car Buying Company’s premises if so instructed by us.
2.
The Customer shall be liable to pay for the Vehicle upon delivery. The Car Buying Company may ask for a deposit at the time when the order is placed by the Customer and shall not be obliged to progress the order or otherwise implement the Contract until full deposit is paid.
3.
The Estimated Delivery Date is an estimate only and not essential. The Car Buying Company shall endeavour to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the date specified on the order.
4.
As soon as the Vehicle is ready for delivery, the Car Buying Company shall inform the Customer who shall then have seven 7 days in which to pay the Purchase Price (less the Allowance, if any)
5.
When the Vehicle has been paid in full must be collected by the Customer within 72 hours where after the Car Buying Company may charge for the storage of the Vehicle in its absolute discretion.
6.
The Customer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full in cleared funds, and if the Customer fails to pay, the Car Buying Company shall be entitled to treat the Contract as repudiated by the Customer. Until the Contract is so terminated the Car Buying Company may store the Vehicle itself or have it stored by third-parties on such terms as the Car Buying Company in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the Purchase Price. If the Car Buying Company treats the Contract as repudiated by the Customer, the Car Buying Company may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Customer and sell the Vehicle and retain the proceeds of the sale. Release of the Vehicle by the Car Buying Company to the Customer is not confirmation by the Car Buying Company that the Purchase Price has been paid in full.
7.
If the Customer fails to take delivery of the Vehicle within 21 days after the agreed Delivery Date stated on the Order the Car Buying Company has the right to cancel the sale with immediate effect, and any funds paid by the Customer to Car Buying Company as part payment and/or deposit for the Purchase Price will be forfeited by the Customer and kept by the Car Buying Company.
8.
If the Car Buying Company fails to deliver the Vehicle within 21 days after the Estimated Delivery Date stated on the Order the Customer may give 7 days’ notice to the Car Buying Company requiring delivery. Failing such delivery the Customer may cancel the Contract.

6. PRICE AND PRICE VARIATION

1.
The Car Buying Company reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund licence, car tax or value-added tax between the date of the Order and the date of delivery and the Customer shall be bound to pay the price as so varied.
2.
If the Car Buying Company is unable to supply any accessory (of whatever nature) the Car Buying Company may at its option either:-
- 2.1.
  substitute a reasonable equivalent; or
- 2.2.
  delete the accessory from the Order and reduce the Purchase Price by an amount equal to the price of the accessory in question.
- 2.3.
  The Car Buying Company’s inability to supply an accessory shall not constitute a breach of contract or entitle the Customer to repudiate the Contract or reject the Vehicle.

7. METHOD OF PAYMENT

1.
Unless otherwise agreed by the Car Buying Company (and in all cases other than a sale via a finance company) the Customer shall pay the Purchase Price in cleared funds by bank transfer or Debit card. Credit card payments are not acceptable unless specifically agreed in writing signed by an authorised representative of the Car Buying Company and may incur additional charges.
2.
Cheques are not accepted by the Car Buying Company.
3.
Any agreement to accept payment on credit terms shall be effective only if in writing and signed by an authorised representative of the Car Buying Company.
4.
Interest will be charged to the Customer on all amounts remaining outstanding and unpaid after the due date for payment and/or on all sums due by way of damages for breach of the Contract at the rate of 8% per annum above the base rate of the Bank of England from time to time in force and shall be calculated and accrue on a day to day basis from the date on which payment fell due until payment in full has been received by the Customer (whether made before or after judgement has been obtained). If no specific date for payment is set out in the Contract and credit terms have not been agreed the due date for payment shall be deemed to be the earlier of:
- 4.1.
  the date of delivery of the Vehicle; and,
- 4.2.
  the date which is ten (10) days after notice from the Car Buying Company to the Customer that the Vehicle is ready for delivery.
5.
Normally, amounts received from the Customer shall be applied in payment of the oldest debt but the Car Buying Company may at any time in its absolute discretion appropriate any payment it receives to such outstanding debt as the Car Buying Company thinks fit, notwithstanding any purported appropriation to the contrary by the Customer.
6.
Any funds received (deposits) by the Car Buying Company from the Customer towards payment of the Purchase Price will be treated as part payment which subject to the provisions herein is nonrefundable up to a maximum of £100,000.00 or 20% of the full Purchase Price, whichever is greater.
7.
Any deposit received by the Car Buying Company from the Customer towards payment of us sourcing and obtaining a vehicle on the Customer’s behalf, will be treated as part payment which subject to the provisions herein is non-refundable; if the Car Buying Company cannot fulfil the Customer’s request to procure a suitable vehicle, the deposit will be returned to the Customer within 48 hours of acknowledgement.

8. TITLE

Notwithstanding delivery, the Vehicle shall remain the sole and absolute property of the Car Buying Company as legal owner until such times as the Customer shall have paid to the Car Buying Company the full Purchase Price together with additional costs that may be due to the Car Buying Company under this Contract.

9. FINANCE ARRANGEMENTS

1.
The Customer may, after signing the Order, arrange for a finance company to fund the purchase of the Vehicle from the Car Buying Company for the Purchase Price. Where the Customer uses such a finance company, the identity of the Customer shall not change and the Car Buying Company shall invoice the Customer. The Customer may request that the Car Buying Company receives the Purchase Price, or part thereof, directly from the finance company. The Car Buying Company shall provide reasonable assistance to the Customer (without providing advice on any such financing) in their purchase of the Vehicle using funding the Customer has arranged.
2.
The Car Buying Company shall not release the Vehicle until the total Purchase Price has been discharged in full, including receipt of cleared funds from the said finance company.
3.
All prices and quotations are of a time sensitive nature, therefore if there is a delay in accepting the quote, the Customer may be issued with a re-quote by the Car Buying Company. The Car Buying Company will not be held responsible for any loss or other damages caused by the change of quotation for this reason.
4.
The Car Buying Company is reliant on the Customer to pass on all relevant information and circumstances that will determine the quotation’s acceptance. Therefore, the Car Buying Company will not be held liable for any extra options required due to any circumstance the Customer fail to adequately make the Car Buying Company aware of.

10. PART EXCHANGE VEHICLE

1.
This clause shall apply if the Customer has offered a Part Exchange Vehicle and where the Car Buying Company agrees to allow part of the Purchase Price of the Vehicle to be discharged by an agreed Allowance.
2.
The Customer passes to the Car Buying Company good title to the Part Exchange Vehicle either:
- 2.1.
  free from Encumbrances; or
- 2.2.
  if there are Encumbrances on the Part Exchange Vehicle but all are capable of cash settlement by payment of an amount not exceeding the Allowance, instead of applying the whole of the Allowance towards payment of the Purchase Price, the Car Buying Company will apply the Allowance or part of it as applicable towards settlement of any obligations to thirdparties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested third-parties to be made after the Car Buying Company has received the Part Exchange Vehicle and made delivery of the Vehicle to the Customer.
3.
If the Car Buying Company has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance, the condition of the Part Exchange Vehicle as delivered to the Car Buying Company before or at the time of delivery of the Vehicle to the Customer must be substantially the same as that existing at the time of the Car Buying Company’s most recent examination (minor and fair wear and tear excepted).
4.
Risk in and title to the Part Exchange Vehicle shall pass to the Car Buying Company on delivery.
5.
Without prejudice the Customer shall deliver the Part Exchange Vehicle to the Car Buying Company within seven (7) days of notice to the Customer that the Vehicle is ready for collection.
6.
If Completion takes place on a date which is more than thirty (30) days after the date of the Order, except when the delay is a direct result of the Car Buying Company’s act or default, the Car Buying Company reserves the right to reduce the Allowance according to any decrease in valuation for each completed period of (30 )days between the date of the Order and Completion.
7.
In the event of the no-fulfilment of any of the forgoing conditions above, the Car Buying Company shall be discharged from any obligations to accept the Part Exchange Vehicle or to make any Allowance in respect thereof, and the Customer shall discharge in cash the full price of the Vehicle to be supplied by the Car Buying Company.

11. USED VEHICLES

1.
Used vehicles are sold as roadworthy at the date of delivery, and are:
- 1.1.
  sold as seen and not subject for refunds of the Purchase Price;
- 1.2.
  subject to any defects which the Car Buying Company has drawn to the Customer’s attention prior to the Customer placing the Order; and,
- 1.3.
  subject to any defects which the Customer has discovered upon examining the Vehicle prior to placing the Order and in that regard the Customer acknowledges that he/she has been afforded the opportunity to examine the Vehicle.
2.
The Car Buying Company shall be responsible for the loss of or damage to any vehicle including the Part Exchange Vehicle or the Vehicle or its contents only if caused by negligence of the Car Buying Company or its employees. The Customer is strongly advised to remove any items of value not related to the Part Exchange Vehicle.

12. WARRANTY AND PRODUCER DETAILS

1.
If it is a new vehicle, the Vehicle is sold with the benefit of the Manufacturer’s warranty, the terms of which are specified in relevant documentation by the Manufacturer of the Vehicle. The benefit of such warranty is in addition to any statutorily implied warranty on the part of the Car Buying Company. Except where the Vehicle is delivered to the order of a finance company, the Car Buying Company shall supply to the Customer a copy of the warranty terms on delivery of the Vehicle.
2.
Unless otherwise specified by notice to the Customer, the producer of the Vehicle (for the purposes of Section 2 of the Consumer Protection Act 1987) is the Manufacturer.
3.
Any warranty which may be given with a Used Vehicle is a third-party warranty and is not under the jurisdiction of the Car Buying Company, and all communication from the Customer regarding the warranty should be had with the third-party warranty company.

13. LIMITS OF LIABILITY

1.
The Vehicle is sold strictly on the condition that the Customer has inspected the Vehicle and has satisfied him-/herself of its suitability for his/her purposes and of its satisfactory quality. The Customer acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and forecasts and representations made by the Car Buying Company to the Customer do not form part of the Contract and in respect of such specifications, details, forecasts and representations the Car Buying Company shall be under no liability nor shall the Customer be entitled to any remedy under the provisions of the Misrepresentation Act 1967.
2.
The Car Buying Company’s total liability for the aggregate claims of the Customer arising out of a single act or default of the Car Buying Company (whether due to the Car Buying Company’s negligence or otherwise) shall not exceed the Purchase Price.
3.
Nothing in the Contract shall be construed as limiting or excluding any liability of the Car Buying Company which may not by law be excluded.

14. TERMINATION

1.
Without prejudice to any of its other rights and remedies the Car Buying Company shall be entitled (without penalty) to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Customer terminate the Contract at any time:
- 1.1.
  following the occurrence of any of the events specified in clause 8.4; and/or
- 1.2.
  if the Car Buying Company reasonably believes that the Customer is in breach in whole or in part of any warranty and/or representation made to the Car Buying Company including but not limited to that confirming that the Customer does not intend to resell the Vehicle for commercial purposes.

15. FORCE MAJEURE

The Car Buying Company shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, pandemics, failure of power supply, lock-out, strike, stoppage or other action by employees or third-parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract.

16. MANUFACTURERS TERMS AND CONDITIONS

1.
If goods including but not limited to the Vehicle to be supplied by the Car Buying Company are new, the following provisions apply:
2.
The agreement and the delivery of the goods shall be subject to any terms and conditions which the manufacturer may or concessionaire may from time to time lawfully attach to the supply of the goods or the resale of such goods by the Car Buying Company and the Car Buying Company shall not be liable to any failure to deliver the goods occasional by his inability to obtain them from the Manufacturer or commissionaire or by his compliance with such terms or conditions. A copy of the terms and conditions so attached by the manufacturer or concessionaire may be inspected at the Car Buying Company’s office.
3.
The Car Buying Company undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or concessionaire is performed and he will use his best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by him to the Car Buying Company or to the Customer in respect of the goods.
4.
No allowance can be made for any part of the standard equipment supplied with the Vehicle which the customer does not wish to take.

17. NOTICES AND GENERAL PROVISIONS

1. No waiver of any of the Car Buying Company’s rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Car Buying Company. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Car Buying Company’s rights in relation to different circumstances or the recurrence of similar circumstances.
2. Any notice under the Terms shall be properly given if in writing and sent by first class post to the address of the intended recipient as stated in the Contract
3. Each of the Terms and each paragraph hereof shall be construed as separate conditions; should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Car Buying Company’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective.
4. A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any remedy or right of a third party which exists or is available apart from that Act.
5. The Terms and the Contract, its subject matter and its formation, are governed by English law and you and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with any dispute or claim arising in relation to the Terms and/or the Contract, except that where the Customer is a consumer with residence in Scotland, the Terms shall be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction in connection with any dispute or claim arising in relation to the Terms and/or the Contract.

18. DATA PROTECTION

1.
We will use and record the information you give when contacting us and/or when providing data in connection with a valuation of a Part Exchange Vehicle and/or when entering into the Contract, for the purpose of enabling us to provide services to the Customer, to enable us to make payments to the Customer and in case we need to address any complaint, in accordance with the terms of our Privacy Policy www.thecarbuyingco.co.uk/privacy-policy. You consent to such processing and you warrant that all data provided by you is accurate and up-to-date.
2.
This information may be passed to other carefully selected third-party organizations. The Car Buying Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Car Buying Company, the vehicle manufacturer or third-party. If the Customer does not want their information to be used in this way the Customer should notify the Car Buying Company in writing.
3.
When acting as a broker, the Car Buying Company will ask the Customer to provide their business and/or personal information and give authority to disclose the information to one or more lenders for the purpose of considering the Customer’s finance application. The Customer’s permission will be requested for this. Subsequently, the Customer will also be accepting the terms and conditions of the funding party. It is the Customer’s responsibility to provide accurate information and relevant documentation.

19. COMPLAINTS PROCEDURE

If you to make a complaint about our services please email us at Complaints@Thecarbuyingco.co.uk or Info@Thecarbuyingco.co.uk. More information regarding Making a complaint can be found at The Motor Ombudsman Services (MO) at https:// www.themotorombudsman.org

Terms of Sale last amended on January 2022

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