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
 

  • 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, HWM Chrysler and HWM Jeep, 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

  • The customer’s order (the “vehicle order”) to purchase a new or used vehicle (the “ordered vehicle”) is subject to acceptance by HWM.
  • The vehicle order is personal to the customer and may not be assigned without the express permission of HWM.
  • 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.
  • 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.
  • 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.
  • 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 on the grounds of frustration.
  • 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.
  • 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 
  • 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. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer shall sell the vehicle to another person. The Dealer will refund the deposit but before doing so, they are entitled to recover from the deposit the additional costs they incur in re selling the vehicle, plus any reduction in the sales price achieved. The Dealer shall keep the deposit whilst they display and advertise the vehicle as being for sale. If it is not sold within a reasonable time the Dealer shall sell it at auction.
  • Once the Dealer has sold the vehicle, they shall notify the Customer within 7 days as to how much they have lost as a result of having to re sell. If this amount is less than the deposit, then the Dealer will refund the balance of the deposit with the notification. If the claimable amount is more than the deposit, then the Dealer will include a statement showing how much the Customer owes the Dealer to make good the loss. The Dealer will provide copies of any receipts if the Customer requests them.
  • The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
  • The ordered vehicle shall remain HWM’s property until the price has been paid in full.  Where payment is made by cheque, 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Unless otherwise agreed in writing, delivery of the Goods shall take place at the Dealer’s premises.
  • In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s premises.
  • Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.
  • Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
  • Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.
  • The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do 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.
  • Should the Customer’s right of possession cease they 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.
  • 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 his 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 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.
  • 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.
  • 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.
  • 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. 
  • The Dealer reserves the right to cancel this order if it believes that; the Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months; or  where the Customer is a corporation its place of business is not within the European Union; or  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 European Union.
  • 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 manufacturer and any debit back of profit margin from the 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.
     

 SUPPLY OF PARTS AND SERVICES
 

  • 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.)
  • 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.
  • 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.
  • 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. 
  •  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.
  • Every endeavour will be made to carry out the work by the time desired, but HWM shall not be liable for any delay occasioned beyond its reasonable control and this notwithstanding that a definite date for completion may be specified.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  •   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 else where. For all purposes in connection with the work outlined.
  • 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.
  • 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.
  • Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.
     

GENERAL
 

  • 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.
  • Save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
  • 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.
  • 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.
  •  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.
  • Any correspondence to the customer will be sent by normal post rather than registered delivery, to the address the customer has given overleaf.
  • 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.
  • 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.
  • 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.
  • In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at http://www.hwmastonmartin.co.uk/ and is available from us on request.
  • Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the   following ADR processes,
  • Where your complaint does not relate to a financial service, National Conciliation Service, 2-3 Allerton Road, Rugby, Warwickshire, CV23 0PA. For details of this service you can contact them on 01788 538317.
  • Where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
  • 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.