Terms

NEWACRE CARS LIMITED TERMS AND CONDITIONS: PURCHASE OF A USED
VEHICLE

THESE TERMS SET OUT ALL OF THE IMPORTANT INFORMATION ABOUT
YOUR PURCHASE. IF THERE IS A MISTAKE IN THESE TERMS OR YOU REQUIRE ANY CHANGES,
PLEASE ASK FOR THE AMENDMENTS FORM. FIND THESE TERMS, THE AMENDMENTS /
CANCELLATION FORM, CUSTOMER CHECKLIST AND OUR ALTERNATIVE DISPUTES RESOLUTION
POLICY AT WWW.NEWACRECARS.COM/TERMS

(1) DEFINITIONS: (i) You/Your: The customer described on the
front of this contract; (ii) We/Us/Our: A general manager, business manager,
sales manager or sales controller at/or the Newacre Cars Limited described on
the front of this contract; (iii) Manufacturer: The manufacturer of the
Vehicle; (iv) Part Exchange Allowance: The value attributable to the Part
Exchange Vehicle (if any) as detailed on the front of this contract; (v)
Purchase Price: The purchase price for the Vehicle (including applicable
accessories, road fund licence, delivery, car tax and value added tax) current
at the date of the order, as specified on the front of this contract to be paid
in cleared funds before the Vehicle is delivered. If the VAT, road fund licence
or car tax changes between your order date and the date we deliver the Vehicle,
we will adjust the rate that you pay. If you do not make any payment to us by
the due date we may charge interest to you on the overdue amount at the rate of
4% a year above the base lending rate of Santander Bank Plc from time to time,
accruing on a daily basis; (vi) Vehicle: The vehicle to be purchased by the
Customer described on the front of this contract. ; (vii) Cleared Funds: Funds
received in our account that are available for withdrawal. The delay in
becoming Cleared Funds will depend on the payment method you choose. (viii) Vehicles
imported to order on an agent basis require payment on arrival in the UK, failure
to make payment in full before arrival will result in dock storage charges
being charged at the rate of £15 per day or the Shipping agents daily charge
whichever is greater.  Failure to make
payment in full 30 days after arrival will render deposit void and the vehicle
will be sold and deposit used to cover storage charges incurred. (2) OUR
CONTRACT WITH YOU: We will accept your order when we confirm in writing that we
are able to provide you with the Vehicle, at which point a contract will come
into existence between you and us. If we are unable to accept your order for
the Vehicle at any time before delivery, we will inform you of this either in writing
or by telephone and will not charge you for the Vehicle. This might be because:
(i) the Vehicle is out of stock, or damaged or has a mechanical defect on
arrival; (ii) we have identified an error in the price or description of the
Vehicle or are unable to meet a delivery deadline that you have specified;
(iii) it would cause us to breach any legal agreement with our supplier, or any
applicable law or regulation. (3) YOUR RIGHTS TO MAKE CHANGES: If you wish to
make a change to the Vehicle that you have ordered prior to delivery, please
contact us so we can let you know if it is possible. If so, we will let you
know about any changes to the Purchase Price, the timing for delivery or any
other necessary information resulting from the change. We will ask you to
confirm whether you wish to go ahead with the change and it will only take
effect if it is agreed in writing and signed by us. (4) OUR RIGHTS TO MAKE
MAJOR CHANGES PRIOR TO DELIVERY: (i) Purchase Price changes: If, prior to the
delivery, the importer or other supplier of the Vehicle (or any part of it)
increase the price, we will notify you of the change to the Purchase Price and
you may then end the contract within 5 working days of being notified of the
change and receive a full refund before the changes take effect (see clause 9);
(ii) Vehicle or accessory changes: If we are unable to supply any accessory (dealer
fitted or otherwise) for the Vehicle, we will notify you and within 5 working
days of being notified of the change, you may: (a) end the contract and receive
a full refund before the changes take effect (see clause 9); (b) ask for a
substitute for a reasonable equivalent; or (c) ask to remove the accessory from
this contract and reduce the Purchase Price by the price of such accessory. If
we do not hear from you within 5 working days, we will make that choice for
you. (5) PROVIDING YOU WITH THE VEHICLE: (i) Notifying you of the delivery date
for the Vehicle: Within 30 days of you placing your order with us, we will
notify you when the Vehicle is estimated to be ready for delivery. We will then
contact you to agree a delivery date when we will deliver the Vehicle to either
to our Coventry Premises or an alternative location for the delivery cost
within 14 days. We will only deliver the Vehicle if we are in receipt of
Cleared Funds within the required time; (ii) Delivery costs: The costs of
delivery will be agreed at point of deposit; (iii) If you do not arrange
delivery of the Vehicle: If we are unable to contact you to arrange delivery of
the Vehicle, we may end the contract or if you are unable to accept delivery of
the Vehicle within 14 days of being notified that it is ready for delivery, we may
charge you for storage costs or we may end the contract (see clause 10); (iv)
Delays outside our control: If the delivery of the Vehicle is delayed by an
event outside our control then we will contact you as soon as possible to let
you know and we will take steps to minimise the effect of the delay. Provided
we do this, we will not be liable for delays caused by the event, but if there
is a risk of substantial delay you may contact us to end the contract and
receive a refund of any monies paid by you and we shall have no further
liability to you; (v) Collection by you: If you have asked to collect the
Vehicle from our premises, you can collect the Vehicle from us at any time
during our working hours; (vi) If you are not at home when the Vehicle is delivered/Re-Delivery:
If no one is available at your address to take delivery, we will leave you a
note informing you of how to rearrange delivery and at what cost. If you do not
collect the Vehicle from us as arranged or if, after a failed delivery to you,
you do not re-arrange delivery, we will contact you for further instructions
and may charge you for storage costs and any further delivery costs. If,
despite our reasonable efforts, we are unable to contact you or re-arrange
delivery or collection, we may end the contract (see clause 9) (6)
RESPONSIBILITY AND OWNERSHIP OF THE VEHICLE: (i) The Vehicle will be your
responsibility from the time we deliver the Vehicle to the address you gave us
or you, or a carrier organised by you, collect it from us; (ii) You own the
Vehicle once we have received the Purchase Price in full. (7) WHAT WILL HAPPEN
IF YOU DO NOT GIVE REQUIRED INFORMATION TO US: The Deposit form sets out the
information we need from you so that we can supply the Vehicle to you. If you
give us incomplete or incorrect information, we may either end the contract
(see clause 10) or make an additional charge of a reasonable sum to compensate
us for any extra work that is required as a result. We will not be responsible
for supplying the Vehicle late or not supplying any part of it if this is
caused by you not giving us the information we need within a reasonable time of
us asking for it. (8) SUSPENDING THE SUPPLY OF THE VEHICLE: We may have to
suspend the supply of the Vehicle to: (i) deal with technical problems or make
minor technical changes; (ii) update the Vehicle to reflect changes in relevant
laws and regulatory requirements; (iii) make changes to the Vehicle as
requested by you or notified by us to you (see clauses 9 and 10). If we do, we
will contact you in advance to tell you that we will be suspending supply of
the Vehicle, unless the problem is urgent or an emergency. You may contact us
to end the contract for the Vehicle if we suspend it, or tell you we are going
to suspend it, in each case for a period of more than 21 days and we will
refund any sums you have paid in advance for the Vehicle in respect of the
period after you end the contract. If you do not pay us for the Vehicle when
you are supposed to and you still do not make payment within 7 days of us
reminding you that payment is due, we may suspend supply of the Vehicle until
you have paid us the outstanding amounts (including interest and storage
charges). (9) YOUR RIGHTS TO END THE CONTRACT: (i) Ending before delivery
and/or payment: You may contact us to end your contract for the Vehicle at any
time before we have delivered it and you have paid for it, but in some
circumstances we may charge you reasonable compensation for doing this, as
described below. Of course, you always have rights where a product is faulty or
mis-described; (ii) Good reasons for ending the contract: The contract will end
immediately and we will refund you in full for the Vehicle which has not been
delivered or has not been provided properly if: (a) we have told you about an
upcoming change to the Vehicle which you do not agree to; (b) we have told you
about an error in the price or description of the Vehicle that you have ordered
and you do not wish to proceed (see clause 4); (c) there is a risk that supply
of the Vehicle may be significantly delayed because of events outside our
control (see clause 5); (d) we have suspended supply of the Vehicle for
technical reasons, or we notify you that we are going to suspend it for
technical reasons; or (e) you have a legal right to end the contract because of
something we have done wrong; (iii) Off trade premises purchases only: Your
right to change your mind: If you have entered this contract without any face
to face contact between us or anyone acting on our respective behalves or it
has been completed offtrade premises, you have the right to cancel this
contract within 14 days without giving any reason. The cancellation period will
expire after 14 days from the day on which the Vehicle is delivered to you or
you arrange for your carrier to collect the Vehicle. To exercise the right to
cancel, you must inform us of your decision to cancel this contract by a clear
statement (e.g. a letter sent by post, fax or e-mail) to the address on the
front of this contract. To meet the cancellation deadline, it is sufficient for
you to send your communication concerning your exercise of the right to cancel
before the cancellation period has expired. You should keep proof of sending us
your communication. This clause does not apply where the Vehicle has been made
to your specifications or has been personalised; (iv) What happens if you end
the contract without a good reason: If you are not ending the contract for one
of the reasons set out above, then the contract will end immediately and we
will refund any sums paid by you for the Vehicle not provided but we may deduct
from that refund (or, if you have not made an advance payment, we will charge
you) reasonable compensation for the net costs we will incur as a result of
your cancellation and to reflect the diminished value of the Vehicle resulting
from the handling other than which is necessary to establish the nature,
characteristics and functioning of the Vehicle; (v) Returning the Vehicle after
ending the contract: If you end the contract after the Vehicle has been
dispatched to you and (because we cannot recall the Vehicle) it is delivered to
you, you must return the Vehicle to us or allow us to collect it from you. If
you are ending the contract for a “good reason”, we will pay the costs of
return or collection. In all other circumstances, you must pay the costs of
return or collection, which will be the same as our charges for standard
delivery (vi) How to cancel: If you are exercising your right to cancel, please
request a Cancellation Form or some other form of writing which sets out the
information contained within the Cancellation Form and send it to us by email
or post to the address on the deposit form; (vii) How we will refund you: Any
refund payable to you will be made by the method you used for payment within 14
days of us receiving your written notice of cancellation. (10) OUR RIGHTS TO
END THE CONTRACT: (i) We may end the contract if you break it: We may end the
contract for the Vehicle at any time by writing to you if: (a) you do not make
any payment to us when it is due and you still do not make payment within seven
days of us reminding you that payment is due; (b) you do not, within a
reasonable time, allow us to deliver the Vehicle to you or collect it from us;
or (c) You do not provide us with the information we require (see clause 7);
(ii) You must compensate us if you break the contract: If we end the contract
in the situations set out above, we will refund any money you have paid in
advance for the Vehicle we have not provided but we may deduct from that refund
(or, if you have not made an advance payment, we will charge you) reasonable
compensation for the net costs we will incur as a result of you breaking the
contract and to reflect the diminished value of the Vehicle resulting from the
handling other than which is necessary to establish the nature, characteristics
and functioning of the Vehicle. If a refund is owing to you, we will make that
refund by the same method you used for payment within 14 days of us notifying
you that you are in breach of the contract. (11) IF THERE IS A PROBLEM WITH THE
VEHICLE: (i) Summary of your legal rights: We are under a legal duty to supply
the Vehicle that is in conformity with this contract. For detailed information,
please contact the Citizens’ Advice Bureau. If you wish to exercise your legal
rights to reject the Vehicle you must either return it in person to where you
bought it or allow us to collect it from you and we will pay the costs of
collection; (ii) Used Vehicles are not sold subject to or with any express
warranty or guarantee whatsoever, unless we agreed with you in writing and only
on such terms and conditions contained in such warranty or guarantee which
shall be given separately to this contract. The warranty does not affect your
legal rights. You are advised to read the terms and conditions of any warranty
carefully as a failure to comply with those terms and conditions may lead to
invalidation. (12) PART EXCHANGE VEHICLE: We may agree to accept a Part
Exchange Vehicle as part of the Purchase Price. If so, the following applies:
(i) Warranty: You warrant that: (a) the Part Exchange Vehicle is your absolute
property, free from any hire purchase agreements, charges or other liens or
encumbrances; (b) when delivered to us, the Part Exchange Vehicle will be in
the same condition (subject only to fair wear and tear and reasonable increase
in mileage) as when examined by us prior to fixing the Part Exchange Allowance;
(c) the Part Exchange Vehicle has never suffered serious accident damage; and
(d) the mileage shown on the odometer of the Part Exchange Vehicle is correct;
(ii) Delivery: You shall deliver the Part Exchange Vehicle to us on or before
delivery of the Vehicle to be supplied by us, and the property in the Part
Exchange Vehicle shall pass to us absolutely; (iii) Charges: We may accept the
Part Exchange Vehicle subject to any financial charge or lien disclosed by you
and the Part Exchange Allowance shall take into account any payment necessary
to release the Part Exchange Vehicle from such charge or lien provided that if
the payment required to release the Part Exchange Vehicle from such financial
charge or lien exceeds that disclosed to us, the Part Exchange Allowance shall
be reduced by and/or you shall pay to us immediately the amount of such excess;
(iv) Reducing the Part Exchange Allowance: If the Part Exchange Vehicle is
delivered to our place of business in a worse condition or with an unreasonable
increase in mileage or 60 days after agreeing the Part Exchange Allowance
(other than as a result of a delay caused by us), we may make a reasonable
reduction to the Part Exchange Allowance. (13) FINANCE ARRANGEMENTS: (i)
Arranging finance with us: Within 7 days of us notifying you that the Vehicle
is ready for delivery, you can arrange for a finance company to purchase the
Vehicle from us for the Purchase Price. The Vehicle will then be delivered to
the order of such finance company and all references to delivery of the Vehicle
shall be construed accordingly; (ii) Financing and Part Exchange Vehicles: Upon
the purchase of the Vehicle by such finance company, the provisions of this
contract relating to the Part Exchange Vehicle (if any) shall continue to be
effective but we shall, on your behalf, account for the Part Exchange Allowance
and any deposit paid under this contract to the order of such finance company.
(14) YOUR EXAMINATION OF USED VEHICLES: Unless you buy off- trade premises, you
certify that prior to signing the deposit form that you have noted the age and
mileage of the Vehicle, you have driven and examined the Vehicle (including the
condition of the tyres, bodywork, paintwork, glass, interior trim, upholstery
and general condition of the Vehicle) in relation to its age and have
determined that the Vehicle is of satisfactory condition and quality and
fitness for its purpose. Therefore, you accept that we are not liable for
defects which either we have brought to your attention or which you should have
reasonably noted during the examination of the Vehicle. (15) PERSONAL
INFORMATION: (i) We will use your personal information to process payment and
supply the Vehicle to you; (ii) Finance Companies: If you seek our assistance
in obtaining finance, we will pass on your personal information to the finance
company; (iii) Third parties: We would like to be able to contact you from time
to time with information about products and services relating to vehicles,
parts or merchandise offered by us. We have recorded your initial preferences
for contact methods. If you change your mind you can withdraw your consent at
any time. (16) OTHER IMPORTANT TERMS: (i) Nobody else has any rights under this
contract: This contract is between you and us. No other person shall have any
rights to enforce any of its terms; (ii) If a court finds part of this contract
illegal, the rest will continue in force. Each of the paragraphs of these terms
operates separately. If any court or relevant authority decides that a term is
unlawful, the remaining terms will remain in full force and effect; (iii) If we
delay in enforcing this contract, we can still enforce it later. If we do not
immediately insist that you do anything that you are required to do under these
terms, or if we delay in taking steps against you for your breaking this
contract, you still have to do those things and it will not prevent us from
taking steps against you at a later date; (iv) Which laws apply to this
contract and where you may bring legal proceedings. These terms are governed by
English law and you can bring legal proceedings about the Vehicle in the
English courts.