Terms and conditions of sale
BURROWS MOTOR COMPANY TERMS AND CONDITIONS VEHICLE SALES
1. Terms and Conditions for Burrows Motor Company Ltd (“Agreement”).
a. We, Us, Our and Burrows, refers to Burrows Motor Company Limited, whose registered address is Quest Park, Wheatley Hall Road, Doncaster, DN2 4LT and whose registered number is 03782929.
b. You, Your and Customer shall refer to you personally, being the customer or prospective customer desiring to purchase goods from Us
c. Place of Business refers to any place where we trade with face to face interaction with you and our goods are presented to the general public for retail sale.
d. Goods are vehicles supplied by us plus any ancillary products or services
e. Secured Finance are facilities arranged on your behalf by us, with your full consent, to provide funding for the purchase of goods. These take the form of Hire Purchase, Personal Contract Purchase, Personal Contract Hire and any other form of funding provided by a Financial Institution that uses the goods as a form of security.
f. Satisfactory Merchantable Quality is defined by the condition of the goods being at a level that is deemed to be satisfactory and fit for purpose when consideration is taken for the age and mileage of the goods. This does not under any circumstances affect your rights pursuant to the Consumer Rights Act 2015.
g. Payment Method is by Credit/Debit Card or Bank Transfer. Cash payments will only be accepted to a maximum of £5,000. Any payment over £1,000 must be made by bank transfer. Card holder not present transactions are not accepted.
h. Distance Contract represents any form of sale conducted by us to you that does not include any face to face contact from (and including) an initial order being raised until the time of delivery of the Goods at which point our contract is concluded. In these cases the contract is governed by both the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and The Financial Services (Distance Marketing) Regulations 2004 as appropriate.
i. Specification represents the accurate description of the vehicle make, model and derivative of the vehicle and any manufacturer fitted feature of the vehicle such as, but not limited to, engine, colour, wheel size, upholstery, equipment or any other feature that has a material effect on the valuation of the vehicle.
j. Website represents the URL burrowsmotorcompany.co.uk which is owned by Burrows Motor Company Ltd. You can view the terms that govern the use of this website at burrowsmotorcompany.co.uk/site/terms-and-conditions
3. Data Protection and Your Privacy
4. Reservation Fees, Deposits and Orders
When You place an order it enables us to remove a vehicle from sale to the general public and place it on reserve. To do this a deposit is required from you. The amount of the deposit required is subject to variation at the sole discretion of Us and will not be less than £150 per vehicle. On receipt of the deposit monies we will remove a vehicle from sale to the general public for a period of no longer than 7 days.
If you fail to pay and take delivery of the goods within 7 days of notification that the goods are available for delivery we shall be at liberty to treat the contract as repudiated by you. We shall then be entitled to dispose of the goods and reserve the right to offset and recover from you, by way of damages or any loss or expense including storage and depreciation costs which we may suffer or incur as a result of your default. These costs will typically be £50 per day up to a maximum in line with your initial deposit paid.
If you reserve a vehicle via the electronic facility on our website (or any URL used under licence by us) then we will remove a vehicle from sale to the general public for a period of no longer than 72 hours. The online reservation fee of £99 is payable and you have an obligation to be in contact with us via one of our stipulated methods within 24 hours of placing the reservation. Failure to do so will result in us acting in good faith in assuming that your intention is to rescind the transaction and as a result the vehicle will be removed from reserved status and any monies deposited with Us will be returned in full to your original source of funds.
If you are reserving a vehicle that you have not had the opportunity to inspect, be it either by way of a Distance Contract or if you request that we move a vehicle from one place of business to another you are entitled to a full refund of the deposit monies paid. These monies will be returned by us by way of a cheque or if a debit/credit card was used for the original deposit refund will be made direct to that payment card only.
If you have requested Us to relocate the vehicle transfer from one place of business to another we reserve the right to charge you the reasonable costs incurred in completing the transfer, typically being £99. These costs will be notified to you in writing prior to the transfer taking place and will be in addition to your deposit. This transfer charge will be non-refundable.
Having paid a deposit upon placing the order, the balance payable (or the sum required to complete any initial payment to a Finance Company) is to be paid by you or if applicable the 3rd party Finance Company prior to the delivery of the goods.
Delivery of the goods is to be taken at our place of business within 7 days of notifying you that the vehicle is ready for delivery. The goods shall remain in our beneficial ownership until full payment for the goods has been received. The risk in the goods, however, shall pass to you upon delivery.
7 Delivery for Distance Contracts
Under Distance Contracts, and in exceptional circumstances at our discretion, we will agree and arrange a delivery to your fixed place of residence. We may require proof of address to be provided before a delivery is arranged and proof of identity will be required at the point of delivery. In all instances a delivery charge will be made, the amount of which will be determined in line with the distance required to move the vehicle from our place of business to the delivery address. The delivery charge will be communicated prior to completion of the contract and will be subject to VAT. Handover will only be made to the customer named on the paperwork.
We will try to ensure delivery of the goods by the desired delivery date but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause whatsoever.
9 Administration Fee
During the purchase of a vehicle you will have the option to pay an Administration Fee to cover services enabling an easier and smoother transaction for the purchase of goods. The Administration Fee will be clearly identified on the Vehicle Sales Order. The Administration Fee covers re-valet of the goods prior to handover, access to our IT equipment to facilitate payment and processing of the road fund license for the goods and/or payment and processing of a plate transfer or retention of a cherished vehicle registration, performing an HPI vehicle provenance check (a copy of which will be provided to you), settling any outstanding balance on finance on your part exchange, processing and sending your V5 to DVLA. You may choose to purchase a used vehicle from us and choose not to pay an Administration Fee, in which case these services will be withdrawn and you will be expected to provide the following, prior to completion of the sale:
a. Settling by electronic means any secure finance agreement or interest in full on your part exchange, and providing documentary evidence of this.
b. Where applicable, paying the road fund license for the goods, using your own equipment.
c. Completing and posting the V5 document to DVLA for the goods purchased.
d. Completing a cherished plate transfer or retention, using your own equipment.
10 Your Part Exchange
Where we agree to allow part of the price of the goods to be paid by you delivering a used vehicle to us, such used vehicle shall be delivered and accepted upon the following conditions.
a. That after examination of your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by us, it shall be delivered in the same condition and within 250 miles on the odometer when so examined (unless otherwise agreed in writing). We reserve the right to revalue your vehicle if you fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by you in part exchange or under the used vehicle purchase scheme are subject to acceptance and confirmation in writing by us. If you have used an online valuation tool to assess the valuation of your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when you requested the valuation online.
b. That where the used vehicle is the subject of a secured finance agreement we shall be entitled to make any such settlement payment to the finance company and will, with the consent of that company, finally discharge such agreement and the allowance shall be reduced by the amounts paid.
c. You will disclose to us whether the used vehicle is subject to an existing secured finance agreement. If this is not disclosed to us and later becomes apparent you will be liable to repay to us any amounts required to be paid by us to the finance company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any finance interest placed on the vehicle, however, this does not waive your disclosure obligations under this agreement.
d. That if your vehicle is handed over without the necessary documentation, V5, MOT certificate (where applicable), Service History (where applicable), spare keys, user manuals and any accessories such as locking wheel nut key, radio fascia or remote controls we are entitled to request security of up to £500 is provided in order for the contract to be concluded and for you to take delivery of the goods. This security will be repayable within 7 working days on receipt of the aforementioned documentation or accessories within 14 days. Failure to provide the information will result in you forfeiting your entitlement for a return of the security to the value of the cost of replacing the documentation/accessories (or the value provided for your vehicle will be adjusted accordingly). We would also expect you to remove any personal items from the vehicle and we will not be responsible for any personal items lost once the vehicle is in our possession.
e. If we buy a vehicle from you then we will be relying upon your representation that:
a. You are legally capable of entering into a binding contract to sell that vehicle
b. You are at least 18 years old
c. To the best of your knowledge, information and belief you are the sole legal and beneficial owner of the vehicle, the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with or changed (if the odometer has been changed we require supporting documentation). You have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or damage) and the vehicle is registered in the UK.
In the event we discover at any time any of the above representations are (or are likely to be) inaccurate or false then we reserve the right (at our sole discretion) to request additional documentation or information from you to determine whether the above representations are inaccurate or false. In addition, we reserve the right to withdraw any offer to purchase your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from you.
11 We may agree to purchase your used vehicle even if you do not choose to purchase a vehicle from Burrows Motor Company Ltd. In these instances your responsibilities under clause 10 still apply. Whilst an indicative price (including any given through an online valuation tool) can be estimated for your vehicle based on your description and mileage, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a qualified Burrows employee to verify the descriptions made are true and accurate. A purchase from you in this way will be subject to an administration fee of £100.
Once we have agreed to purchase your vehicle and we are in possession of the vehicle, we will pay you the agreed price for the vehicle, less any administration fee, by electronic transfer to the bank of your choice. You will be required to provide the bank details and confirm by signature that this is the account in which you wish the monies to be deposited.
You will be required to produce a minimum of the V5 document in your name, plus two proofs of identification, including one form of photographic identification (passport or driving licence) and a current proof of address in the same name and details as shown on the V5. These are required prior to any payment being made. Acceptable proof of address documents includes a utility bill, HMRC letter, bank statements, council tax bill, dated within 3 months prior to the date of sale.
If you are selling on behalf of a third party and are not the registered keeper, a letter of authority needs to be provided, alongside a copy of the owner’s proofs of identification as specified above. The payment must be to the registered keepers bank account so proof of the account details must also be provided and you will be required to provide photographic identification of you. In the unfortunate event that you are selling on behalf of someone who has passed away you will be required to provide a copy of the death certificate and the will or probate grant.
Our standard payment terms are via BACS payments which will take up to 4 working days, after the day of sale to us to arrive in your account. In most cases we can offer same day faster payments for an additional fee of £25 and if selected the cost of this payment will be displayed on the invoice.
It is possible that events beyond our control may delay payment and if that happens we will not have any liability to you for the delay save that we will refund the payment fee (if applicable)
We may purchase your vehicle even though it is subject to a secured finance agreement. In these instances if the price for your vehicle is higher (inclusive of any fees) than the settlement figure we will pay you the difference, or if the price for your vehicle (inclusive of any fees) is lower than the settlement amount you must pay us the difference.
12 Distance Contracts
You will have the benefit of 14 days to cancel the vehicle purchase if you so wish. The cancellation period starts the day after the date the goods were delivered to you and finishes 14 days after this date, unless that date is a Saturday, Sunday or UK Bank Holiday in which case it will move to the next working day. Notice to exercise this right needs to be provided in accordance with clause 14 and is subject to the same conditions as clause 14 (in its entirety)
Should your used vehicle be purchased by a secured funding or unsecured funding method then you have the additional right to cancel the finance agreement for 14 calendar days commencing from the day following the date of your delivery of your goods. However your contract with us is unaffected.
13 Notices and complaints
In order to service notice to us to invoke your rights to return your goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of the General Manager at the address shown on your invoice, or alternative email to email@example.com. In your complaint please clearly state the nature of your complaint, the Burrows Motor Company dealership, the registration of your vehicle and your contact details.
The Manager of the dealership or Burrows appointed representative will try to resolve your concerns as soon as possible, usually within 5 working days. If this is not possible we will contact you before the end of the 5th working day to explain our next actions and when you can expect a resolution.
In certain circumstances, if you remain unhappy with our final response, or we do not issue you with a final response within 8 weeks of you contacting us with your concerns you may be able to refer your complaint to the Financial Ombudsman Service or an Alternative Dispute Resolution provider. Details of your rights will be provided to you as appropriate in your case. If you wish to refer your complaint to the Financial Ombudsman Service this must be done within 6 months of our final response letter and their address will be issued to you.
Our ADR provider is
ADRS Trading Standards Service
Doncaster DN1 3BU
In our final response letter we will indicate whether in our view your complaint may be suitable for consideration by either the Financial Ombudsman Service or Alternative Dispute Service, and full contact details provided.
14 Pricing Errors
Whilst we try to ensure that all the prices on the website and other websites we may use as marketing channels are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order with a full refund of any deposit made. If we are unable to make contact via the details provided by you during the order process we will treat the order as cancelled and notify you in writing (mail or email). If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods we will give you a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).
15 Description Errors
Burrows Motor Company Ltd has made every effort to ensure the accuracy of the information contained in the website and other media, however;
a. Manufacturers are constantly seeking ways to improve the specification, design and production of their vehicles and alterations and improvements constantly take place. Whilst every effort is made by us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services. Burrows Motor Company Ltd have absolutely no authority to bind the manufacturers by any express or implied undertaking or representation. Any references to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits.
b. All fuel economy figures are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. They cannot be compared with the previous steady speed/urban figures and are more representative of actual on-road fuel consumption. Under normal use the vehicles actual fuel consumption figures may differ from those achieved through the test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition.
c. We do not guarantee that use of the website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs and strongly recommend that all user ensure that they protect their equipment with the use of firewalls and virus checkers.
16 New Goods
Where the goods being supplied by Burrows Motor Company Ltd are new, then the following conditions shall apply:
a. The Customer shall be bound to pay any amount of car tax and VAT or other tax or duty that Burrows Motor Company Ltd has legally become bound to pay
b. If before delivery of the goods the Recommended Retail Price (RRP) for the goods shall increase, the price shall be increased by an amount equal to the increase in the RRP. Burrows shall give notice of the increase in the Price to you at which point you shall be entitled to cancel the contract by giving notice to Burrows, not less than 21 days after the date of our notice. Upon such cancellation any deposit paid by the Customer shall be returned and Burrows Motor Company Ltd shall be under no further liability to you.
c. If you do not give notice to cancel the contract you will be bound to purchase the goods at the increased price
d. In the event that the manufacturer is unable to accept the order for the goods then Burrows Motor Company Ltd may by notice in writing to you cancel the contract. Upon any such cancellation any deposit paid shall be refunded and Burrows shall be under no further liability to you.
e. Burrows Motor Company Ltd will notify the customer in the event that the goods have not been originally supplied via the Manufacturers official distributor for Great Britain. You shall be entitled to cancel the contract by giving notice to Burrows not less than 21 days after the date of our notice. Upon such cancellation any deposit paid by the customer shall be returned and Burrows shall be under no further liability to you.
f. If the customer does not give notice to cancel the contract the customer accepts that the specification of the goods may vary from British specification and shall be bound to purchase the goods. Burrows will supply the customer with the appropriate manual for the goods and the vehicle log book and shall make the goods available for inspection by you. Burrows shall not be liable to the customer for any variation of the goods from the British specification
17 Business to Business sales
In the event of a business to business sale, the Customer Declaration and Agreement forms part of these terms and conditions.
18 Manufacturers/Concessionaire Terms and Conditions
Where the goods to be supplied by Burrows are new, this Contact shall be subject to any terms and conditions which the Manufacturer/Concessionaire may lawfully have imposed on the supply of goods or the resale of such goods by Burrows. Burrows shall not be liable for any failure or delay in delivering the Goods caused by or resulting from our compliance with the manufacturers/concessionaires terms and conditions. A copy of the current terms and conditions of the manufacturers/concessionaire is available for inspection at our place of business
19 The terms and conditions above do not abrogate or derogate from the rights afforded to you by the Consumer Contracts (Information, cancellation and additional charges) Regulations 2013 the Financial Services (Distance Marketing Regulations) 2004, the Consumer Protection from Unfair Trading Regulations 2008 and all other statutory rights.
20 Burrows Motor Company Limited is registered in England as company 03782929. Its registered office is Quest Park, Wheatley Hall Road, Doncaster, DN2 4LT. Burrows Motor Company Ltd is an appointed representative of ITC Compliance Limited, which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486). Permitted activities include advising on and arranging general insurance contracts and acting as a credit broker not a lender.
Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales
22 Force Majeure
Burrows Motor Company Ltd shall not be liable to the customer or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of our obligations in respect of the goods, if the delay or failure was due to any cause beyond our reasonable control. Without limitation the following shall be regarded as causes beyond our reasonable control:
Act of God, explosion, flood, tempest, fire or accident.
Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
War or threat of war, sabotage, insurrection, civil disturbance or requisition.
Import or export regulations or embargoes.
Difficulties in obtaining goods, raw materials, labour fuel, parts of machinery,
power failure or breakdown of machinery
Strikes, lockouts or other industrial actions or trade disputes whether involving employees of Burrows or a third party..
a. No failure by either party to enforce any of its rights or remedies under the contract or by law at any time or for any period shall constitute a waiver of that or any other right or remedy unless it is in writing. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy
b. Neither party may assign the contract without the written consent of the other party
c. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
d. No person who is not a party to the contract may enforce any term of the contract
e. The contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous
f. Any variation of these Terms and Conditions shall not be effective unless made in writing and signed by an authorised representative of Burrows Motor Company Limited and the customer.