If the customer is purchasing as a consumer, nothing in these terms and conditions (these “conditions”) will reduce the customer’s statutory rights. If the customer has any doubts
about their statutory rights they should contact a local Trading Standards Department or Citizens Advice Bureau. Payment is due on delivery/supply and in business to business
transactions HWM will exercise its right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if it is not paid on delivery/supply.
INTRODUCTION
1. In this document, references to “HWM” are, in the case of transactions with HWM Aston Martin, to HWM Limited and, in the case of transactions with HWM Alfa Romeo, to
Intercontinental Cars Limited. HWM supplies and purchases goods and services to and from counterparties (the “customer”) under these conditions.
SALE AND PURCHASE OF VEHICLES
2. The customer’s order (the “vehicle order”) to purchase a new or used vehicle (the “ordered vehicle”) is subject to acceptance by HWM.
3. The vehicle order is personal to the customer and may not be assigned without the express permission of HWM.
4. The customer agrees to pay such amounts as HWM may reasonably request from time to time by way of deposit for the ordered vehicle including at the time of order, specification
and build confirmation. The aggregate of any such amounts will be held by HWM as a deposit (the “deposit”) on an un-segregated basis. If any part of the deposit is returned to the
customer for any reason, it will be returned without interest.
5. The customer agrees to provide a specification for any ordered vehicle which is to be built to the customer’s specification (a “factory-build vehicle”) promptly on request and
acknowledges that once the customer’s chosen specification has been submitted by HWM to the manufacturer for build (“build confirmation”) it cannot be changed in any way.
6. HWM will seek to ensure delivery of a factory-build vehicle by the delivery date estimated at the time build confirmation occurs (the “estimated delivery date”) but cannot
guarantee the estimated delivery date. Where a delay occurs after build confirmation which is likely to cause delivery to occur later than the estimated delivery date, HWM will contact
the customer to advise the customer of the later delivery and to propose a later delivery date. If that later delivery date so proposed is later than 6 months (for Aston Martins) or 2
months (for Alfa Romeos) after the estimated delivery date, the customer shall be entitled to cancel the vehicle order and have the deposit returned (which, in all cases, will be the
customer’s only remedy against HWM), provided that no such right of cancellation will apply where the ordered vehicle is to be modified at the customer’s request in or after
production and the delay exceeds such 6 or 2 month period (as the case may be) by reason of matters related to such modification.
7. A vehicle order for a factory-build vehicle is an order for the model year prevailing at the time of build and not for a particular model year. If the manufacturer stops making the
model ordered, HWM may (whether the estimated delivery date has arrived or not) give the customer written notice to cancel the customer order and, if a substitution cannot be
agreed, the deposit will be returned to the customer.
8. Where the customer cancels the vehicle order for a factory-build vehicle before build confirmation, he shall be entitled to the return of the deposit less an administration fee of £250.
9. If the customer cancels a vehicle order at any time for any ordered vehicle which is not a factory-build vehicle or cancels a vehicle order for a factory-build vehicle after build
confirmation, in each case, for any reason other than as expressly permitted hereunder or HWM cancels the vehicle order for any such ordered vehicle following the customer’s
breach or non-payment, the customer will be liable to HWM for and indemnify it in respect of the greater of (a) a restocking fee of £750 and (b) the costs and (mitigated) losses
actually incurred by HWM in respect of the cancelled vehicle order. The customer authorises HWM to deduct all amounts for which the customer is so liable from the deposit and
understands that the customer’s liability to HWM is not limited to the amount of the deposit.
10. The manufacturer may change its pricing/specification structure before delivery andthe price payable for a factory-build vehicle will (unless otherwise agreed in writing) be the
price ruling at the time of delivery. No allowance can be made for any part of the standard equipment supplied with an ordered vehicle which the customer does not wish to take.
11. If the customer fails to pay for the ordered vehicle within 21 days of notification that it is available for delivery, HWM may treat the vehicle order as cancelled and keep the deposit.
12. The ordered vehicle shall remain HWM’s property until the price has been paid in full. Where payment is made by cheque, the ordered vehicle will remain HWM’s property until
the cheque has cleared. The proceeds of any goods re-sold by the customer prior to the cheque having been cleared are to be held by the customer in trust for HWM. The risk in the
ordered vehicle passes to the customer when the customer takes delivery.
13. The ordered vehicle is sold as roadworthy and subject to any defects notified by HWM to the customer and accepted by the customer, at the date of delivery.
14. Any accessories fitted or supplied by HWM (dealer fitted) will be entitled to the benefit of any warranty given by the manufacturer of those accessories.
15. Any valuation given by HWM of any vehicle to be supplied to HWM by the customer as part exchange or otherwise (the “part-ex”) is a guide only and no binding offer to purchase
it can be made until it is presented to HWM for examination. HWM reserves the right to revalue the part-ex at the time of acquisition to reflect current market values, mileage,
condition, the passage of time and any other factor it deems to be relevant. When HWM accepts the part-ex as part-payment the customer agrees that the customer is the legal
owner, no outstanding credit is owed on it and no obligations of any kind have been secured on or by reference to it. If there is an outstanding credit, the amount of money HWM
gives the customer will be reduced by the equivalent of the amount of the outstanding credit. The customer must deliver the part-ex to HWM on or before the day the customer
collects the ordered vehicle from HWM. From the day the customer delivers the part-ex to HWM, HWM is the legal owner. By delivering the part-ex to HWM, the customer warrants
that input tax deduction has not been and will not be claimed in respect of the part-ex.
16. If the customer arranges for a finance company to purchase the ordered vehicle from HWM, and HWM has accepted the part-ex as part-payment, HWM shall tell the finance
company how much has been agreed by HWM to be deducted from the price of the ordered vehicle for the part-ex and what deposit the customer has paid to HWM.
SUPPLY OF PARTS AND SERVICES
17. Estimates for work to be done to a customer’s vehicle (the “customer vehicle”) are effective only for 28 days after despatch. If instructions are not received from the customer (in
response to an estimate rendered) within 28 days from despatch of the estimate, HWM may charge a £20 daily storage rent (“storage rent”) from the date the vehicle was received
until its collection. (Note: HWM does not, as a general rule make any such charge for garaging pending instructions, provided that the repairs are carried out by HWM and paid for.)
18. All estimates by HWM are based on the current cost to HWM of labour, material and spare parts at date of estimate, and in the event of any variation occurring before or after
acceptance HWM may if it thinks fit require the customer to pay on completion of the work any increase due to such variation.
19. If no price is stated or if part only of the work covered by the estimate is carried out HWM shall be entitled to charge a reasonable and proper price for the work done (including
any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
20. If, in the opinion of HWM, it is impractical for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such
work (notwithstanding that an estimate may have been given therefore) and to carry out only such work as in the opinion of HWM may be practicable.
21. Variation of any kind in the estimate, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such
variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by
HWM in relation to any vehicle shall constitute a ‘deviation from the contact’, nor shall any such act disentitle HWM to the benefit of any of these conditions.
22. Every endeavour will be made to carry out the work by the time desired, but HWM shall not be liable for any delay howsoever occasioned and this notwithstanding that a definite
date for completion may be specified.
23. Any work done or goods supplied in relation to a customer vehicle, by the order of any driver in the customer’s employ, or by any person to whom HWM is entitled to make
delivery of the customer vehicle, shall be paid for by the customer.
24. Payment for all repairs and/or spare parts supplied is due on completion of work, but HWM may demand a deposit before commencing or in the course of any work. A repair is
completed for the purpose of these conditions when notice has been given that the vehicle is ready for collection.
25. HWM shall have a general lien on a customer vehicle and all its contents for all monies owing to HWM by the customer on any account whatsoever.
26. If a customer vehicle is not collected or accepted for delivery within 24 hours of the customer being notified that it is ready for collection or delivery, then HWM may charge storage
rent in respect of the customer vehicle from the date of completion of the repairs until collection or disposal by HWM hereunder.
27. If the customer’s indebtedness to HWM, including accrued storage rent, is not satisfied within 3 months from the first account rendered to the customer HWM may without notice,
sell the vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the customer to
HWM, and any balance shall be held on trust by HWM for the customer.
28. Where in any case a driver who, so far as HWM is aware, has the authority to collect a customer vehicle, collects the same, HWM shall not be responsible to the customer for any
loss or damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of HWM’s
account. HWM shall not be obliged to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time, connected with the customer.
29. In connection with any inspection, repair, or contemplated repair, or other purposes for which a customer vehicle is accepted by HWM, testing, taking the vehicle to the
coachbuilders or specialists, demonstrations, etc. the customer is deemed to have authorised the driving of the vehicle on the road or elsewhere.
30. HWM is not responsible for loss or damage to vehicles or other property whatsoever however occasioned, except when such loss or damage is caused by the negligence or
deliberate act of HWM or its servants. Under no circumstances will HWM accept liability for loss or damage outside its control or for any indirect or consequential loss or damage,
except direct physical damage to persons or property.
31. The customer shall be entitled to the benefit of any warranty to which HWM is entitled as against the manufacturer or parts and materials supplied or any sub-contractor. All work
carried out by HWM is warranted against failure due to defective work for a period of three months/3000 miles, whichever occurs the first. This warranty extends only to repairs
actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.
32. All parts removed by HWM in the course of repair shall, if not claimed by the customer within 14 days after the completion of the repair, be deemed to be wholly abandoned to
HWM and they shall become HWM’s absolute property accordingly.
33. Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.
GENERAL
34. Save where the context forbids, the expression ‘vehicle’ wherever used in these conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle, and as a separate
unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery and each and every component of a vehicle.
35. HWM will, for itself and for the benefit of the relevant manufacturer, hold the customer’s personal details for sales, service and warranty purposes, including customer satisfaction
surveys. HWM will not use or pass on the customer personal information for any other purpose without the customer’s express consent except as required or permitted by law. The
customer must contact HWM’s Dealer Principal if the customer details change.
36. Should either the customer or HWM not strictly enforce any obligation under this agreement at any time, this will not prevent that obligation being enforceable at a later date.
37. Any correspondence to the customer will be sent by normal post rather than registered delivery, to the address the customer has given overleaf.
38. No alteration or qualification of these conditions shall be effective unless in writing, signed on behalf of HWM by a Director of HWM. No other person has any authority to alter or
qualify in any way the above printed conditions or to enter into a contract for any of the purposes set out herein on behalf of HWM otherwise than on such conditions.
39. Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on HWM’s premises since HWM cannot accept liability for any loss or
damage to the same except in consumer transactions when this is shown to have been caused by a lack of reasonable care on the part of HWM.
40. The customer agrees to indemnify HWM for any fines and charges incurred by or on behalf of the customer relating to a part-ex and any vehicle supplied or lent to him by HWM.