14. Return of Deposit
If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.
15. Retention of Title and Risk
I. 1. Risk of damage to or losses of the Goods are at the risk of the Customer as soon as they leave the Dealer’s premises or their nominated representative.
II. 2. Goods shall remain the sole and absolute property of the Dealer as legal owner until storage charges and interest that may be due to the Dealer under these Terms. Until payment in full as aforesaid has been made the Customer acknowledges that it is in possession of the Goods solely as agent of the Dealer.
III. 3. Until the Customer becomes owner of the Goods, it will store them separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Dealer.
IV. 4. The Customer's right to possession shall cease if it, not being a company, becomes bankrupt or if it, being a company, does anything, or fail to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.
V. 5. Should the Customer's right of possession cease it will notify the Dealer and immediately make the Goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
VI. 6. The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on its own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies
or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer's monies. The Customer shall be required to take all actions with respect to the on sold Goods as may be necessary or desirable to facilitate the payment of the entire sale proceeds or such on sold Goods to the Dealer’s bank account. If the Customer fails to comply with this provision of these Terms, the Dealer shall be constituted the agent of the Customer for taking the actions as are necessary to effect the payment of such sale proceeds to the Dealer’s bank account and the Dealer may execute and deliver on behalf of such defaulting Customer any necessary documents to receive any sale proceeds instead of the defaulting Customer.
16. Right of Lien
The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.
17. Part Exchange
I. 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:
I.1. that the Dealer accepts the used Vehicle in reliance on the warranties granted by the Customer overleaf, including but not limited to, the age, mileage and condition of the vehicle; AND
I.2. that such used Vehicle is the absolute property of the Customer and is free from all
I.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.
II. If the Dealer has examined the said used Vehicle prior to his confirmation and acceptance of this order, the used Vehicle shall be delivered to the Dealer in the same condition at the date of such examination (fair wear and tear excepted).
III. That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by it hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.
IV. That without prejudice to 17.3 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.
V. If the Goods to be delivered by the Dealer, through no default on the part of the Dealer, 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.
VI. In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 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.
18. Authority to Contract
Goods supplied by the order of any person in the Customer's employment or by any person reasonably believed by the Dealer to be the Customer's agent or by any person to whom the Dealer is entitled to make delivery of the Vehicle shall be paid for by the Customer.
19. Authority to Uplift
Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
20. Authority to Drive
In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.
1. Notwithstanding the provisions of these Terms, the Customer shall be at liberty before the expiry of 7 days after notification to him that the Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of these Terms except 7.2 shall cease to have effect but any used Vehicle for which an allowance was thereunder agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 17 above (save that in 17.3, 17.4 and 17.5 thereof all reference to 'delivery' or 'delivered' in relation to the 'Goods' shall be construed as meaning delivery or delivered
by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by it pursuant to these Terms.
22. Data Protection
I. The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organisations. The Dealer 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 Supplier/Manufacturer or third party. If the Customer does not want its information to be used in this way the Customer should notify the Dealer by writing to the Dealer’s Managing Director at the Dealer's address.
II. lf the agreements between the Dealer and the Customer are personal to the Customer. The Customer may not assign its rights or liabilities to any third party by any means.
23. How We May Use Your Personal Information
I. How we will use your personal information. We will use the personal information you provide to us:
I.1. to supply the products to you;
I.2. to process your payment for the products; and
I.3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
II. We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
III. We will only give your personal information to other third parties where the law either requires or allows us to do so.
All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer's address shown overleaf.
25. Export Outside of the UK
I. The Dealer reserves the right to cancel this order if it believes that:
I.1. the Customer intends to resell the Goods outside the United Kingdom (Contract Territory) for commercial gain within a period of 12 months; or
I.2. where the Customer is a corporation its place of business is not within the United Kingdom; or
I.3. where the Customer is a finance company and either, the Goods are not being purchased on behalf of an end user or they are and such end user is not resident nor has its place of business within the United Kingdom.
II. The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the Supplier/Manufacturer and any debit back of profit margin from the Supplier/Manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the European Union.
26. Distance Selling
I. If, and only if, the Customer has acted as a Consumer, where this Agreement has been between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel your agreement to these Terms within 14 days without giving any reason.
II. This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to terminate these Terms in writing by clear statement (e.g. a letter sent by post, fax or email) to our address.
III. To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
IV. If you terminate these Terms, we will reimburse to you all payments received from you under these Terms, without undue delay, and not later than:
II.1. 1. 14 days after the day on which we receive the Goods back; or
II.2. 2. (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
II.3. 3. if there were no Goods supplied, 14 days after the day on which we are informed about your decision to terminate these Terms.
V. We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement.
VI. 6. We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest. You should send back the Goods or deliver them back to us at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of these Terms to us.
VII. 7. This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.
VIII. 8. You must take reasonable care of the Goods whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
IX. 9. You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
27. Storage Charges
The Dealer reserves the right to make a reasonable daily charge for the storage of the Customer's Vehicle or Vehicles.
28. Dispute resolution/ Jurisdiction
I. In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at rockhurst.uk and is available from us on request.
II. Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following ADR processes:
II.1. where your complaint does not relate to a financial service, the National Conciliation Service.
II.2. where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 0234567 or 0300 1239123 or you can visit their website at www.financialombudsman.org.uk, email them at [email protected] or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
III. 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.