Fleet Sales / Harpenden Vans Terms and Conditions
No quotations given by Fleet Sales T/A Harpenden Vans shall amount to an offer constitute and invitation to treat only.
No order shall be binding on Fleet Sales T/A Harpenden Vans until accepted by Fleet Sales T/A Harpenden Vans in writing.
a. The customer will be notified in writing that the vehicle specified is ready for delivery and the customer shall take delivery within seven days.
b. Fleet Sales T/A Harpenden Vans will endeavor to deliver within the period specified in the quotation or acceptance of order, but Fleet Sales T/A Harpenden Vans shall not be liable for any delay in delivery or for the loss or damage caused thereby.
a. The customer shall pay for the vehicle when notified that the vehicle is ready for delivery. Cleared funds are required 3 days prior to the delivery date.
b. Fleet Sales T/A Harpenden Vans may require the customer to pay a deposit when placing his order.
c. The risk in the vehicle shall pass to the customer upon delivery.
d. If at any time after the customer takes possession of the vehicle the price or any part hereof remains unpaid the without prejudice to any other right or remedy Fleet Sales T/A Harpenden Vans may have, and notwithstanding in the case of an individual that a receiving order or bankruptcy order shall have been made against the customer or in the event of the customer being a company that winding up proceedings shall have been commenced or a winding up order made against it or a receiver being appointed over the assets thereof, Fleet Sales T/A Harpenden Vans may by notice to the customer rescind the contract and may recover possession of the vehicle from the customer or from whomsoever in whose hands the same may be, whereupon the risk in the vehicle will revert to the company.
e. All payments can be made via bank transfer, debit, or credit card. Where fees are applied, particularly in the case of credit or debit cards, these will be passed on to the customer.
Alterations and Specifications
a. The company may without notice make such alterations in the design materials or dimensions of the vehicle as Fleet Sales T/A Harpenden Vans shall consider desirable.
b. Specifications, descriptions, photographs, and illustrations published by Fleet Sales T/A Harpenden Vans are for guidance only and shall not be binding.
Cancellation and Suspension of the contract
Should Fleet Sales T/A Harpenden Vans be delayed in or prevented from making delivery by reason of strikes, lock outs, trade disputes, difficulty in obtaining labour or material, breakdown of machinery, accident, fire, force majeure, war, civil riot, requisitioning by government or any other circumstances outside the control of Fleet Sales T/A Harpenden Vans then Fleet Sales T/A Harpenden Vans shall be at liberty to cancel or suspend the contract and shall not incur any liability for any loss or damage resulting to the customer from such cancellation or suspension.
Any claims by the customer against Fleet Sales T/A Harpenden Vans in respect of errors in dispatch or invoicing must be made within fourteen days after the date of the dispatch note or invoice. After expiry of the said period of fourteen days any invoice or dispatch note shall at the instance of Fleet Sales T/A Harpenden Vans be deemed to be correct notwithstanding any error in favour of Fleet Sales T/A Harpenden Vans.
Exhibitions & Competitions
The vehicle is sold on the condition that it shall not be:
a. Exhibited in the name of Fleet Sales T/A Harpenden Vans at any exhibition held in Great Britain, Northern Ireland, The Channel Islands and The Isle of Man other than exhibitions held by the Society of Motor Manufacturers and Traders Limited (“the society”) or held by it’s Bond Signers and approved by the Society or
b. Used in the name of Fleet Sales T/A Harpenden Vans in Europe in any competition competitive trail or collective demonstration unless approved by the Manufacturer, the Dealer, or the society.
c. On each and every breach of these conditions whether by the customer or by a subsequent owner the customer shall pay to Fleet Sales T/A Harpenden Vans the sum of £500 (or such other sum if any as Fleet Sales T/A Harpenden Vans may be ordered to pay by the Society as agreed and liquidated damages.
d. If the customer shall purchase the vehicle from Fleet Sales T/A Harpenden Vans for the purpose of resale he shall obtain from the person or persons to whom he shall resell the goods an undertaking in the terms (mutatis mutandis) contained in sub paragraphs (a) and (b) of the paragraph.
Fleet Sales T/A Harpenden Vans in no circumstances permits in relation to its business any act which might constitute an offence created by the Prevention of Corruption Acts 1889-1916 or by sections 94 and 117 of the Local Government Act 1972.
Use of Vehicle
Unless specifically advised to the contrary Fleet Sales T/A Harpenden Vans will be entitled to presume that the buyer intends to use the vehicle for the ordinary type of use of which the vehicle is normally applied. No liability will be accepted by Fleet Sales T/A Harpenden Vans for loss or damage suffered because of the vehicle being used for a purpose inconsistent with the above nor for misuse in any other way.
Fleet Sales T/A Harpenden Vans does not exclude liability for :-
1. Any fraudulent act or omission
2. For death or personal injury caused by negligence or breach of Fleet Sales T/A Harpenden Vans other legal obligations
Subject to this, Fleet Sales T/A Harpenden Vans are not liable for
1. Loss which was not reasonably foreseeable to both parties at the time when the Contract was made
2. Loss to the customer’s business, trade, craft or profession which would not be suffered by a Consumer because Fleet Sales T/A Harpenden Vans believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession.
Any notice required to be given hereunder shall be given in writing and shall be deemed to be served the day following postage in a sealed envelope pre-paid addressed to the other party at their last known address.
Application of Conditions
These conditions shall apply to all business undertaken by Fleet Sales T/A Harpenden Vans to the exclusion of any other conditions sought to be imposed on Fleet Sales T/A Harpenden Vans by the customer, whether notified to Fleet Sales T/A Harpenden Vans before or after these conditions are notified to the customer.
In the case of an individual the customer warrants that they are not less than eighteen years of age.
Lease/Hire Purchase Contracts
- In any case where arrangement with the customer and Fleet Sales T/A Harpenden Vans supplies the vehicle to a third party for the purpose of enabling the third party to supply the vehicle to the customer, whether under contract of hire purchase or otherwise, there shall be a collateral contract between Fleet Sales T/A Harpenden Vans and the customer to which these conditions shall apply mutatis mutandis.
- By signing this leasing broker agreement, you agree that Fleet Sales T/A Harpenden Vans will assist you to find the most appropriate vehicle product(s) and or service(s) that match your stated requirements and to process any order you have made with us. Please note that this agreement is separate to and not connected to any lease or finance agreement you may enter into.
- We cannot accept any responsibility for any losses incurred by you arising out of the contract between you and the finance company and purported arrangements relating to the supply of any vehicle save to the extent that such loss is caused by our negligent act or omission.
- By signing this agreement, you accept and acknowledge that your right to cancel as stipulated under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is restricted and is not applicable once we commence performance of the agreement.
- By entering into this agreement, you consent to the processing and disclosure of your personal data relating to you gathered by us during your use of the service to be recorded and only be used in accordance with our Data Protection Policy.
- Service/Maintenance packages are available on Finance Lease and Contract Hire agreements. If you opt for service/maintenance to be provided by the leasing company, then you are responsible for arranging the services as indicated in the agreement and regular maintenance as necessary. If you do not opt for a service/maintenance package, then you are responsible for all service and maintenance recommended and required through wear and tear. You must ensure that the vehicles service book is stamped and up to date.
- The vehicle must be returned to the leasing company in a roadworthy state. All tyres must be above the legal limit. The vehicle must have a valid MOT, if the vehicle is over 3 years old. If the vehicle is not returned in a roadworthy state, you may be charged for any work deemed necessary by the leasing company. A copy of the BVRLA Fair, Wear and Tear guide is available upon request and online.
We will not transfer your personal data to any third parties unless:
a. We have your consent to do so
b. The third party is our subcontractor or a member of our group of companies, who is processing personal data on our behalf securely and in accordance with our instructions:
c. Or it is otherwise authorised under the Data Protection Act.
We agree to keep all personal information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
By signing this quotation/order you agree to be bound by the terms of this quotation.
Your statutory rights, including any rights you have as a consumer are not affected by anything in this agreement.