TERMS AND CONDITIONS OF SALE
Severn Automotive Ltd
These Terms and Conditions govern the sale of motor vehicles and related services by Severn Automotive Ltd ("the Company", "we", "us", or "our") to any customer ("the Customer", "you", or "your").
By placing an order, paying a deposit, signing an order form, or taking delivery of a vehicle, you agree to be bound by these Terms and Conditions.
1. Company Details
Severn Automotive Ltd
Registered Office: Worcester Road, Stourport-On-Severn, Worcestershire, DY13 9AS
Company Registration Number: 16415161
Telephone: 01229 544563
Email: enquiry@severnautomotive.co.uk
2. Definitions
For the purposes of these Terms and Conditions:
Vehicle means any motor vehicle offered for sale by the Company.
Order Form means the sales order, invoice, purchase agreement, reservation form, or any written confirmation of purchase.
Deposit means any sum paid by the Customer to reserve or secure a Vehicle.
Purchase Price means the total agreed price of the Vehicle, including any agreed extras and applicable taxes.
Delivery Date means the agreed date on which the Vehicle is collected or delivered.
3. Vehicle Description
3.1 All Vehicles sold by the Company are used vehicles unless expressly stated otherwise.
3.2 Vehicle descriptions, specifications, mileage, photographs, advertisements, brochures, website content, and marketing materials are intended as guides only.
3.3 While reasonable care is taken to ensure accuracy, the Company does not guarantee that descriptions are entirely free from error.
3.4 Due to the age and prior use of used vehicles, reasonable wear and tear, cosmetic imperfections, repairs, replacement parts, and age-related deterioration should be expected.
3.5 Mileage readings are recorded as displayed at the time of acquisition or sale and are not warranted unless expressly stated in writing.
4. Vehicle Inspection
4.1 Customers are strongly encouraged to inspect the Vehicle before purchase.
4.2 By accepting delivery or collecting the Vehicle, the Customer acknowledges that they have had a reasonable opportunity to inspect the Vehicle.
4.3 Any concerns regarding the condition of the Vehicle should be raised prior to completion of the sale.
5. Orders and Acceptance
5.1 An order shall only become binding once accepted by the Company.
5.2 The Company reserves the right to refuse any order at its discretion.
5.3 No verbal statements or representations shall form part of the contract unless confirmed in writing by an authorised representative of the Company.
6. Deposits
6.1 A deposit may be required to reserve a Vehicle.
6.2 A Vehicle will not be reserved until cleared funds have been received.
6.3 Deposits are generally non-refundable where:
a) the Vehicle has been specifically reserved for the Customer;
b) the Customer changes their mind;
c) the Customer fails to complete the purchase within the agreed timescale.
6.4 The Company may, at its sole discretion, agree to refund all or part of a deposit.
6.5 If the Company is unable to supply the Vehicle for reasons beyond the Customer's control, any deposit paid shall be refunded in full.
7. Price and Payment
7.1 The Purchase Price shall be as stated on the Order Form.
7.2 Full payment must be received in cleared funds before ownership of the Vehicle transfers to the Customer.
7.3 Accepted payment methods may include:
Bank transfer;
Debit card;
Approved finance arrangements;
Other methods approved by the Company.
7.4 Cash payments may be restricted or refused in accordance with anti-money laundering requirements.
7.5 The Company reserves the right to verify the source of funds where legally required.
8. Finance Purchases
8.1 Where a Vehicle is purchased using finance, the sale remains subject to finance approval.
8.2 The Company is not responsible for decisions made by finance providers.
8.3 Any finance agreement entered into shall be between the Customer and the finance provider.
8.4 Failure to obtain finance approval does not automatically entitle the Customer to compensation from the Company.
9. Part Exchange Vehicles
9.1 Where a part exchange vehicle is accepted:
a) the Customer warrants that they are the legal owner of the vehicle;
b) the vehicle is free from undisclosed finance, charges, or encumbrances;
c) all information provided is accurate.
9.2 The Company reserves the right to revise or withdraw a part exchange valuation if:
a) the vehicle condition differs from that described;
b) mileage differs from that declared;
c) undisclosed defects are identified;
d) outstanding finance is discovered.
9.3 If the Customer misrepresents a part exchange vehicle, the Company may cancel the transaction.
10. Delivery and Collection
10.1 Delivery dates are estimates only.
10.2 The Company shall not be liable for delays caused by circumstances beyond its reasonable control.
10.3 Risk in the Vehicle passes to the Customer upon delivery or collection.
10.4 The Customer is responsible for arranging insurance before taking possession of the Vehicle.
11. Transfer of Ownership
11.1 Ownership of the Vehicle shall not pass to the Customer until:
a) full payment has been received in cleared funds; and
b) all contractual obligations have been satisfied.
11.2 Until ownership passes, the Company retains legal title to the Vehicle.
12. Warranty
12.1 Any warranty provided shall be limited to the terms of the specific warranty agreement supplied with the Vehicle.
12.2 Where a third-party warranty is supplied, claims must be made directly in accordance with the warranty provider's terms.
12.3 Warranty cover may exclude:
Wear and tear;
Service items;
Consumables;
Cosmetic defects;
Damage caused by misuse;
Accidental damage;
Failure to maintain the Vehicle.
12.4 Warranty details will be provided separately where applicable.
13. Consumer Rights
13.1 Nothing in these Terms and Conditions excludes or limits the Customer's statutory rights.
13.2 Where the Customer is a consumer, the sale is subject to the provisions of:
The Consumer Rights Act 2015;
The Consumer Contracts Regulations 2013 (where applicable);
Any other applicable consumer protection legislation.
13.3 Customers may have legal remedies if a Vehicle is not of satisfactory quality, fit for purpose, or as described.
14. Distance and Off-Premises Sales
14.1 Where the sale is conducted entirely at a distance, additional rights may apply under the Consumer Contracts Regulations 2013.
14.2 Customers should refer to the Company's cancellation and returns policy where applicable.
14.3 Any statutory cancellation rights shall apply only where legally required.
15. Customer Responsibilities
15.1 The Customer is responsible for:
a) ensuring all information provided is accurate;
b) maintaining valid insurance cover;
c) servicing and maintaining the Vehicle in accordance with manufacturer recommendations;
d) complying with all legal requirements relating to vehicle ownership and use.
15.2 Failure to properly maintain the Vehicle may affect warranty entitlement.
16. Limitation of Liability
16.1 Nothing in these Terms excludes liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) any liability that cannot lawfully be excluded.
16.2 Subject to clause; 16.1, the Company's total liability shall not exceed the Purchase Price paid for the Vehicle.
16.3 The Company shall not be liable for:
a) indirect losses;
b) consequential losses;
c) loss of profit;
d) loss of business;
e) loss of opportunity;
f) inconvenience arising from vehicle breakdowns or repairs.
17. Data Protection
17.1 The Company processes personal data in accordance with applicable UK data protection legislation.
17.2 Personal information may be used for:
Sales administration;
Vehicle registration;
Finance applications;
Warranty administration;
Legal and regulatory compliance.
17.3 Further details are contained within the Company's Privacy Policy.
18. Anti-Fraud and Compliance
18.1 The Company reserves the right to undertake identity verification and anti-fraud checks.
18.2 Transactions suspected of fraud, money laundering, or criminal activity may be reported to the appropriate authorities.
18.3 The Company may refuse or cancel transactions where required by law.
19. Force Majeure
19.1 The Company shall not be liable for failure or delay in performing its obligations due to circumstances beyond its reasonable control, including:
Natural disasters;
Fire;
Flood;
Pandemic;
Industrial disputes;
Government action;
Supply chain disruption.
20. Complaints
20.1 Complaints should be submitted in writing to:
Severn Automotive Ltd
Worcester Road, Stourport-On-Severn, Worcestershire, DY13 9AS
Enquiry@severnautomotive.co.uk
20.2 The Company will endeavour to investigate and respond within a reasonable timeframe.
21. Severability
21.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
22. Entire Agreement
22.1 These Terms and Conditions, together with the Order Form and any written warranty documentation, constitute the entire agreement between the parties.
22.2 No reliance shall be placed upon any statement not expressly incorporated into the contract.
23. Changes to Terms
23.1 The Company reserves the right to amend these Terms and Conditions at any time.
23.2 Any amendments shall not affect contracts already concluded unless required by law.
24. Governing Law and Jurisdiction
24.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
24.2 The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising from these Terms and Conditions, except where consumer protection legislation provides otherwise.