The Motorhouse Terms and Conditions of sale.

1. Contract Terms

Motorhouse 2000 Ltd ("Motorhouse" or "The Motorhouse") intends that all the terms of its contract with you are contained in this document and in the document confirming Motorhouse's acceptance in part payment of a used vehicle from you ("the Part-Exchange Vehicle"), where applicable

2. Quotations

Quotations are given on the condition that a contract will only come into existence when someone authorised to sign on behalf of Motorhouse has signed the Contract to Purchase form. Motorhouse may withdraw a quotation at any time and in any event it will lapse after 30 days.

3. Delivery and Insurance

3.1 Formal delivery of the vehicle (including any accessories you have ordered) will take place when the keys are handed to you. You are responsible for insuring the vehicle against all risks from this time.

3.2 Motorhouse will take all steps that are that are necessary to deliver the vehicle within the time agreed, but cannot guarantee delivery by a specific date. Motorhouse will not be responsible for any loss or expense suffered by you through any reasonable or unavoidable delay in supply the vehicle. You will be entitled to terminate the contract if Motorhouse's delay in supplying the vehicle exceeds 90 days from the agreed delivery date.

3.3 If your order is for more than one vehicle Motorhouse does not guarantee that the vehicles will be delivered at the same time, nor does Motorhouse guarantee that vehicles will be delivered in the sequence in which orders for the vehicles are placed.

3.4 The contract price is based on the vehicle being collected from Motorhouse's premises.
3.5 If you terminate the contract under clause 3.2, Motorhouse will return your deposit and you will be under not further liability.

4. Guarantee

Motorhouse will take all steps that are necessary to pass to you the benefit of any warranty or guarantee given by the manufacturer of the vehicle or by the manufacturer of any accessories fitted as new by Motorhouse to the vehicle.

5. Ownership

Until all monies owing from you under this and every other contract with Motorhouse have been paid in full in cleared funds, Motorhouse will remain the owner of the vehicle and you will have no right to sell the vehicle.

6. Price

6.1 Unless otherwise stated all prices quoted or given for non commercial vehicles in Motorhouse's price list are inclusive of VAT. Prices for commercial vehicles are quoted exclusive of VAT unless otherwise stated.

6.2 An optional service charge as applicable from time to time will be charged in addition to the price quoted if you have asked Motorhouse to carry out the following services:

(a) taxing the vehicle
(b) pre-delivery inspection
(c) final valet

7. Payment

7.1 Payment must be made in full on or before delivery of the vehicle.

7.2 Motorhouse regrets that cash cannot be accepted in payment except in respect of the initial deposit.

8. Cancellation

8.1 If you cancel this contract otherwise than in circumstances permitted by this contract or fail to take delivery of, and make payment for, the vehicle at the agreed time, or if no time is agreed within 14 days of Motorhouse giving written notice requiring you to take delivery, then:

(a) your deposit will be forfeited and you will be responsible to Motorhouse for any loss of profit and other reasonable and foreseeable losses which we may suffer;

(b) Motorhouse will be entitled to resell the vehicle to a third party without giving notice to you of its intention to resell.

8.2 If Motorhouse is in breach of its contract to deliver the vehicle to you, you will likewise be entitled to seek recovery of your deposit and your reasonable and foreseeable losses which you have incurred as a result.

8.3 If Motorhouse is unable to supply a vehicle for some reason which is beyond its reasonable control, then Motorhouse may by notice in writing to you cancel this contract without penalty. Any deposit on the vehicle paid by you will be refunded in full. You will remain responsible under the contract.

8.4 If the contract is cancelled as a result of a breach of the contract by you or as a result of Motorhouse being unable to supply the vehicle for a reason beyond its reasonable contract, then any agreement by Motorhouse to take a vehicle in part exchange will also be cancelled, unless the part-exchange vehicle has already been sold by Motorhouse, in which case the price obtained by the sale (less payments we have made to settle the outstanding finance on the vehicle), will be paid to you.

9. Acceptance

This order is subject to the formal written acceptance of a duly authorised officer of Motorhouse being endorsed on the Contract to Purchase and only then will this order constitute a binding contract. Neither the acceptance by Motorhouse of a deposit nor any agreement by Motorhouse to take a vehicle in part exchange, will be deemed to be in acceptance of the order.

10. Part Exchange Vehicles

10.1 In addition too information you have already disclosed to Motorhouse, in respect of a vehicle offered by you in part exchange you confirm that:-

(a) the particulars of the Part Exchange Vehicle set out overleaf are correct;

(b) where the Motorhouse has examined the Part Exchange Vehicle prior to acceptance and confirmation of the order overleaf, the Part Exchange Vehicle will be delivered to Motorhouse in the same condition as at the date of examination (fair wear and tear excepted);

(c) the Part Exchange Vehicle has not been involved in any serious or major accident (unless you have specifically informed Motorhouse otherwise);

(d)
(i) the Part Exchange Vehicle is owned by you and is free from any hire purchase, leasing agreement, loan or similar charge or encumbrance; or
(ii) the Part Exchange Vehicle is the subject of a hire purchase, leasing agreement, loan or other similar encumbrance capable of case settlement by Motorhouse, (in which case you will provide full details of the hire purchase, leasing agreement, charge or other encumbrance prior to completion of the contract) and the allowance given by Motorhouse for the Part Exchange Vehicle will be reduced by the amount required to be paid in settlement of the debt in full;

(e) the mileage shown on the Part Exchange Vehicle's mileometer is true and accurate;

(f) the Part Exchange vehicle was purchased by you new unless you have informed Motorhouse to the contrary;

(g) the Part Exchange Vehicle was not used or purchase abroad before being registered in the UK unless you have informed Motorhouse to the contrary and;

(h) the Part Exchange Vehicle has not been used for self-drive hire, hackney carriage or taxi purposes.

10.2 The value of any agreed part exchange allowance is based on the Part Exchange Vehicle's condition at the date of acceptance of this agreement by Motorhouse and if it is not handed over to Motorhouse in the same condition (fair wear and tear excepted) as at the date of acceptance, Motorhouse may make a reasonable deduction from the allowance to cover the cost of any repair which may be necessary.

10.3 The Part Exchange Vehicle will remain at your risk until actual delivery of the vehicle to Motorhouse.

10.4 The Part Exchange Vehicle will be delivered to us within 14 days of Motorhouse notifying you that the vehicle to be supplied Motorhouse is ready for delivery.

10.5 You will hand over the vehicle registration document and keys on delivery of the Part Exchange Vehicle to Motorhouse and ownership of the Part Exchange Vehicle will pass to Motorhouse at that time.

10.6 The Part Exchange Vehicle will have a valid road fund licence on the date it is delivered to Motorhouse and the benefit of the Licence will pass to Motorhouse.

10.7 Where applicable the Part Exchange Vehicle will have a valid MOT Certificate in force on the date it is delivered to Motorhouse and the certificate will have no less than 30 days remaining prior to its expiration. You will hand the Certificate to Motorhouse on delivery and the benefit of the Certificate will pass to Motorhouse.

10.8 In the event of the Part Exchange Vehicle being returned to you after we have carried out any work or improvements or repairs to the vehicle necessary to put the vehicle into a roadworthy condition, (which you hereby give us authority to commence), you will be responsible to us for the reasonable costs and expenses of any such work.

If you fail to fulfil any of the above conditions of this Clause 10, Motorhouse will not be obliged to accept the Part Exchange Vehicle nor make any allowance for the Part Exchange Vehicle. Motorhouse will also have the option to treat the contract to supply the vehicle you are purchasing from Motorhouse as cancelled by you and in these circumstances any deposit which you have paid towards the vehicle will be forfeited to Motorhouse.

11. Hire Purchase

Subject to Clause 15 below, this clause will apply where you have indicated to Motorhouse that you wish to purchase a vehicle by hire purchase.

11.1 In the event of Motorhouse suffering any loss (including loss of profit) as a result of you not entering into an agreement to hire purchase the vehicle, you will be responsible to use for any loss suffered by us and Motorhouse may deduct a sum equivalent to such loss from the deposit paid on the vehicle or from the proceeds of sale of any Part Exchange Vehicle.

11.2 You acknowledge that Motorhouse agree to sell the vehicle to a third party nominated by you for the purpose only of facilitating funding of the vehicle and in these circumstances you will be responsible to Motorhouse for any costs, claims or loss payable by Motorhouse to the third party as a result of the sale of the vehicle to that party.

12. Repairs

You must notify Motorhouse immediately if any problems appear in the vehicle which you consider to be the responsibility of Motorhouse and provide details of all repairs (if any) carried out to the vehicle to remedy the problem. If you fail to notify Motorhouse within 28 days of you becoming aware of any problem, then Motorhouse will not be responsible to you for the cost of any works not carried out by Motorhouse or any other expenses.

13. Alterations

If the manufacturer alters the design, specification, construction and/or equipment of the vehicle in the period between your order and the date agreed for delivery of the vehicle, Motorhouse has the right to supply the vehicle with or without the alteration. If the vehicle is supplied with the alteration this will be at no extra cost to you.

14. General

14.1 Failure by Motorhouse to enforce any of the contract terms will not affect the Motorhouse's right to enforce the rest of the terms of this Agreement.

14.2 Any notice served pursuant to this Agreement must be in writing and sent by pre-paid first class post to the place of business or registered office of Motorhouse and will be deemed to have been received within two days following the day on which it was posted.

15. Finance Company Arrangements

15.1 You have a period of up to 7 days from the date that you are notified that the vehicle is ready for collection to arrange for a finance company to purchase the vehicle for the same price and on the same terms of this agreement, this Agreement will take effect as if all references to you are references to the Finance Company.

15.2 If a price was agreed for a Part Exchange Vehicle then Motorhouse will purchase the vehicle from you on the terms and conditions of this Agreement, save that Motorhouse will be accountable to the Finance Company on your behalf for the price of the part exchange vehicle, and any vehicle deposit paid by you.