HWM
TERMS AND CONDITIONS
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 a reference to HWM Sports Cars Limited (an authorised
Aston Martin dealer and repairer) or to HWM Limited (an authorised Fiat
Chrysler Automobiles repairer and an all makes used car dealer), as the case
may be.
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
αafter 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 and
the 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 £30 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. 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.
31. 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.
32. Unless otherwise stated,
all service work undertaken is carried out in accordance with the
manufacturer’s schedule.
33. Any service or repair dispute
not resolved between the customer and HWM shall be dealt with according to the
complaints escalation procedure contained in the Service and Repair Code
published by Motor Codes Ltd, which HWM subscribes to.
HWM will not be responsible for any costs incurred
by the customer seeking alternative resolution,
GENERAL
34. HWM is not responsible
for loss or damage to persons, vehicles or other customer property whatsoever
however occasioned, except when such loss or damage is caused by the negligence
or deliberate act of HWM or its servants. HWM hereby excludes liability for any
loss, damage, costs or expenses which are (a) outside its control, (b) indirect
or (c) consequential (each an “
excluded loss”) and the customer
agrees to indemnify HWM for any expense or cost it may incur in relation to any
such excluded loss.
35. 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.
36.
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.
37.
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.
38. Any correspondence to the
customer will be sent by normal post rather than registered delivery, to the address
the customer has given overleaf.
39.
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.
40. 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.
41.
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.
DISTANCE SELLING
42.
Where
an agreement is formed for the supply of goods by HWM without any face to face
contact between HWM and the customer, or anyone acting on their respective
behalves, the customer may give notice to cancel such agreement within 14 days
without giving any reason.
43.
The
cancellation period will expire after 14 days from the day on which the
customer or its agent acquires physical possession of the goods, or the last
good where the customer ordered multiple
goods at the same time.
44. To exercise the right to
cancel, the customer must inform HWM of its decision to cancel the agreement by
clear statement (e.g a letter sent by post, fax or email) to HWM’s registered
office or active email address.
45. To meet the cancellation
deadline, it is sufficient for the customer to send its communication
concerning its exercise of the right to cancel before the cancellation period
has expired.
46. If the customer cancels the
agreement, HWM will reimburse to the customer all payments from the customer,
including the costs of delivery (except from the supplementary costs arising if
the customer chooses a type of delivery other than the least expensive type of
standard delivery offered by HWM).
47. HWM will make the
reimbursement without undue delay, and not later than (a) 14 days after the day
on which HWM receives the goods back, or (b) (if earlier) 14 days after the day
the customer provides evidence that it has returned the goods, or (c) if there
were no goods supplied, 14 days after the day on which HWM is informed about the
customer’s decision to cancel the agreement.
48.
HWM
will make the reimbursement using the same means of payment as the customer has
used for the initial purchase, unless the customer has expressly agreed
otherwise; in any event the customer will not incur any fees as a result of the
reimbursement.
HWM may withhold
reimbursement until it has received the goods back or the customer has sent
evidence of having sent back the goods, whichever is the earliest.
49. The customer shall send
back the goods or hand them over to HWM at Bridge Motor Works, Walton on
Thames, KT12 1AT without undue delay and in any event not later than 14 days
from the day on which the customer communicates its cancellation from the
agreement to HWM. The deadline is met if the customer sends back the goods
before the period of 14 days has expired.
50.
The
customer will bear the cost of returning the goods.
51. The customer must take
reasonable care of the goods and will be responsible for any loss or damage
from when they are delivered until when they are returned to HWM. The customer is
liable for any diminished value of the goods resulting from the handling other
than that what is necessary to establish the nature, characteristics and
functioning of the goods
52. If the customer
requested to begin the performance of any services during the cancellation
period, the customer shall pay HWM an amount which is in proportion to what had
been performed until the customer has communicated to HWM its cancellation from
the agreement, in comparison with the full coverage of the agreement.