Terms & Conditions

CMC Motor Company – TERMS & CONDITIONS 

Terms & Conditions

1. Definitions
1. “The Dealer,” the person who is the vendor of the goods to the customer.
2. “The Customer,” is the person contracting for goods and services to be supplied by the Dealer.
3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession
4. “Goods” means all vehicles as defined or other things to be sold by the Dealer to the Customer.
5. “Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally every accessory to and component thereof.

2. Whole Contract
1. These terms shall represent the whole contract between the Dealer and the Customer and represent a binding sale.
2. They may be varied only by written agreement between the parties.

3. Interpretation
1. The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability
1. In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full effect. If by purchasing the vehicle it is believed the customer is in acceptance of all these terms stated in this whole agreement.

5. Used Goods
1. If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):
1. Is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
2. Prior to paying for the goods the Customer shall examine the Vehicle and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
2. Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.
3. Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract. Any amendments shall be in writing via email or letter.

6. Retention of Title and Risk
1. Risk of damage to or losses of the Goods are at the risk of the Customer as soon as they are delivered/collected into the physical possession of the Customer or their nominated representative.
2. It is the customers duty to make sure they have the correct level of insurance cover before they take possession of the vehicle. We do not provide any insurance once the customer takes physical possession of the vehicle and we will not be held liable for any claims made against the vehicle once the customer takes possession.

7. Payment
1. The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery/collection. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full. The deposit is NON REFUNDABLE in the event the customer not longer want's to proceed with the deal/goods. The dealer can pursue any further losses from the customer if they do not pay in full for the goods. 

8. Place of Delivery
1. Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

2. We provide Home Delivery, Delivery 5 days a week.

3. Free delivery up to 10 miles drive. Price available upon request for delivery outside the 10 miles. 

9. Part Exchange
1. Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.
1. that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage, and condition of the vehicle. AND
2. that such used Vehicle is the absolute property of the Customer and is free from all encumbrances. OR
3. that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.
2. If the Dealer has examined the said used vehicle before his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).
3. That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer.
4. That without prejudice to the above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the Goods to be supplied by the Dealer are available for delivery.
5. If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a 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 Customer of the Goods.
6. In the event of the non-fulfilment of any of the foregoing conditions, other than above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

10. Warranty

1. Any claim MUST be authorized prior to work being carried out by Warranties 2000 or a member of staff at CMC Motor Company. Any claim that is not authorized will not be honored.

2. The warranty on retail vehicles will be valid for 3 months or 3000 miles (which ever occurs first).

3. If Purchaser modifies the vehicle in any way, the warranty will be invalid.

4. If the vehicle has been tampered without our knowledge by another garage or purchaser the warranty is invalid.

5. Business to Business transactions, we do not supply a warranty included in the agreed price.

6. Labour rates are capped to £40 per hour so main dealer prices will not be honored.

7. Parts required for the vehicle under warranty may be supplied new or second hand from CMC Motor Company.

11. Returned the Vehicle & CRA 2015 consumer rights 

1. If the consumer wishes to return the vehicle within the 30-day period because of a fault for a full refund then all cars are inspected to confirm said fault. The returned vehicle will be checked for any damage or excess mileage which will also be deducted from the original sale price.  Mileage will be charged at 45p a mile. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement e.g. a letter sent by post, or email to our address.

2. Where a fault occurs after the first 30 days, the Supplying Dealer/Finance Company has the right to opt to repair said fault or offer a partial refund. The customer needs to prove the fault was there a time of purchase/collection/delivery to exercise there rights.

3. If you cancel this Agreement, we will reimburse you without undue delay, and not later than 7 days via BACS.

4. The consumer right act 2015 allows both parties to have the option to repair, replace or offer a partial refund.

5. The customer is liable to return the vehicle back to the dealership with all relevant paperwork and keys. If the purchaser refuses to return the vehicle and CMC motor company collect, a deduction will come off the original sale price to cover transport costs. 

12. Storage
1. The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.

13. Dispute
1. Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following ADR processes, where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at http://www.financial-ombudsman.org.uk, email them at [email protected] or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
3. Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

14. Data Protection

15.1 The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Dealer, 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 Dealer, 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 Dealer by writing to the Dealer Principal at the Dealer’s address.

15.2 We will use your personal information to process payment and supply the vehicle to you.

15.3 Finance Companies: if you seek our assistance in obtaining finance, we will pass on your personal information to finance companies.

15.4 Third parties: we will give your personal information to third parties where the law either requires or allows us to do so.

15.5 All the agreements between the Dealer and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.

16. Notices

16.1 All written notices given by the Dealer/Broker/Finance Company to the Customer shall take effect 24 hours after being dispatched by the Dealer in the normal course of post to the Customer’s address shown on the order or invoice.

18.Force Majeure

The Seller shall not be liable to the Purchaser or be deemed to be in breach of the Contract for reasons of any delay in performing or any failure to perform any of the Seller’s obligations in respect of the Goods.

a. acts of God, explosion, flood, tempest, fire or accident

b. war or threat of war, sabotage, insurrection, civil disturbance

acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any government, parliamentary or local authority

c. import or export regulations or embargoes

strikes, lockouts or other industrial actions or trade disputes whether involving employees of the Seller or of a third party

d. difficulties in obtaining Goods, raw materials, labour, fuel, parts of machinery

e. strikes, lockouts or other industrial actions or trade disputes whether involving employees of the seller or of a third party.

f. difficulties in obtaining Goods, raw materials, labour, fuel, parts of machinery

g. power failure or breakdown of machinery.