MK Autos Ltd

 

5. Delivery and Risk 

 

5.1  The Company will endeavour to have the Goods available by the estimated delivery date or within a reasonable time thereafter, but does not guarantee the date and time for delivery and shall not be liable to the Customer for any damage, losses or claims of any kind whatsoever in respect of any delay. 

5.2  Where the Goods comprise more than one vehicle the Company may make delivery in stages.

5.3  Delivery shall occur when the Goods are made available for collection from the Company’s business premises.

5.4  Risk in the Goods shall pass to the Customer upon delivery of the Goods by the Company to the Customer, and the Customer must arrange adequate comprehensive insurance for the Goods from that date.  Notwithstanding that property in the Goods has not passed to the Customer, the Company shall be entitled to sue for the price of the Goods. 

 

 

 

6. Payment 

 

6.1  If the Customer fails to take and pay for the Goods within 7 days of notification that the Goods are available for delivery, the Company shall be entitled to treat the contract as repudiated by the Customer and thereupon any deposit paid by the Customer shall be forfeited without prejudice to the Company’s right to recover from the Customer by way of damages any loss or expenses which the Company may suffer or incur by reason of the Customer’s default.   

6.2  Notwithstanding the amount for Value Added Tax specified in the contract, the sum payable by the Customer in respect thereof shall be such sum as the Company is legally liable to charge at the date that the taxable supply occurs. 

 

 

 

7. Ownership 

 

7.1  Ownership in the Goods shall remain with the Company until the full price has been received and cleared by the Company.  Until ownership passes to the Customer, the Customer shall keep the goods in his possession and will preserve them in the condition in which they were supplied to him. 

7.2  Until ownership passed to the Customer the Company shall be at liberty to recover the Goods, and the Customer hereby grants authority to the Company to enter upon the Customer’s premises to remove the Goods. 

 

 

 

8. Part-Exchanged Goods 

 

8.1  If the Company had agreed to accept a used motor vehicle from the Customer in part exchange for the price of the Goods, such agreement is subject to the following conditions: 

a)  that the vehicle is either the absolute property of the Customer and is free from all encumbrances, or is subject to a hire-purchase agreement or other encumbrance capable of a cash settlement by the Company (in which case the part-exchange allowance shall be reduced by the amount required to be paid by the Company in settlement thereof), and that the Customer will disclose to the Company prior to signing the Order Form the details of any financial encumbrance in relation to the vehicle, details of any accident involving the vehicle (including the details of repairs carried out) and shall warrant that the mileage is correct. 

b)  that, if the Company has examined the vehicle, it shall be delivered up by the Customer to the Company in the same condition as at the date of such examination (fair wear & tear excepted) 

c) that the vehicle shall be delivered up to the Company on or before delivery of the Goods to the Customer and the title in the vehicle shall pass to the Company absolutely upon such delivery.

d)  that the vehicle shall be delivered up to the Company within 7 days of notification to the Customer that the Goods are available for deliver 

e)  that if the Goods, through no fault of the Company, are not delivered to the Customer within 30 days after the date of the Order Form or the estimated delivery date (where that is later), the amount of the part-exchange allowance shall be reduced by no more than 2.5% for each complete period of 30 days from the date of expiry of the first-mentioned 30 days to the date of the actual deliver of the Goods to the Customer and 

f)  that any statements and representations made by the Customer in relation to the vehicle are true, accurate and correct.  

8.2  In the event of a breach by the customer of any of the conditions in clause 8.1: 

a)  the Company shall be discharged from any obligation to accept the vehicle in part exchange or to make any allowance in respect thereof and the Customer shall be liable to pay the full price of the Goods; 

b)  if the Company accepts the vehicle, the Customer shall be liable to the Company in respect of any loss or damage suffered by the Company as a result of such a breach 

 

 

 

9. Disclaimer 

 

Some vehicles may be pre-registered and therefore you will not be the 1st registered keeper and you may not have the full 12 months left on the road fund licence.  However you will be charged for the full 12 months as we have already paid for it.  In addition the fleet company may retain the log book for a number of months.  Please see terms & conditions on website. 

 

 

 

10. Notices 

 

Any notice to be served by either party of the other pursuant to these Terms & Conditions may be personally delivered or posted by recorded delivery or registered post save that notification by the Company to the Customer that the Gods are available for delivery may be given verbally. 

 

 

 

11. Termination 

 

11.1  If a petition is present against the Customer for winding-up, administration or bankruptcy, or the Customer proposes a voluntary arrangement, enters into a Deed of Arrangement, has a Receiver or Administrative Receiver appointed, passes a resolution for voluntary winding-up, or convenes a meeting of or comes to any arrangement with creditors, then this contract shall forthwith and without any notice terminate. 

11.2  If the Customer. 

a) fails to make payment of any sum in accordance with clauses 6.1 or 8.2 of this agreement, or  

b)  fails to comply with any other term or condition of this contract and then fails to remedy such failure within the period set out in a written notice given pursuant to 11.3 below, such failure shall be a breach of contract and the Company may terminate this contract by giving notice. 

11.3  If, in the sole opinion of the Company, the Customer’s failure under 11.2b) is capable of remedy then the Company shall give written notice to the Customer, specifying the breach relied on, to remedy such failure within 14 days from the date of such notice.  For the avoidance of doubt, no such notice will be given in the case of failure under 11.2a). 

11.4  If the Company’s obligations under this contract become impractical to perform owing to an event of force majeure which continues for a period in excess of 3 months then either party may terminate the contract by giving written notice to the other. 

11.5  On any termination of this contract the Customer shall immediately pay to the Company all sums outstanding on it account. 

11.6  Any termination shall be without prejudice to any claim which the Company may have against the Customer for sums payable under or damages for breach of this contract, including any claim for interest. 

 

 

 

 

12. Data Protection 

 

The Company may disclose information provided by the Customer to lenders, credit reference agencies or fraud prevention agencies for the purpose of considering the Customer’s credit application, if applicable.  The Company may also disclose this information to the relevant vehicle manufacturer, finance company, insurance company, and to any person acting on their behalf, for any purpose connected with the Company’s business.  Lenders may make searches including Electoral Register information, which they will use for the purpose of verifying the customer’s identity, residential address and credit history and for making credit decisions.  A record of those searches will be kept regardless of whether or not the application proceeds.  Lenders will cross-check this information with other lenders to help prevent fraud.  If the Customer discloses information about any other person, including any joint applicant, this may create an association (if one does not already exist).  By disclosing such information the Customer is declaring that he is entitled to: 

• disclose information about the other person 

• authorise the Company and/or lenders to search, link and/or record information at credit reference agencies about the customer and the other person.  The Customer has the right of access to personal records held by credit reference and fraud prevention agencies.  The Company will supply their names and addresses on request.  If the Customer wishes to access, update or correct any inaccuracies in the personal information the Company holds about him, he may write to MK Autos, Salsbury Hall, Margaret Street, Beverley Road, HULL, HU3 1SS   

 

 

 

13. General 

 

13.1  Any failure or delay by either party in exercising its rights under this contract shall not be construed as a waiver of such rights and the obligations of the other party shall continue. 

13.2  In the event that any term of this contract is nullified or made void by any statute, regulation or order or by the decision or order of any Court or other competent body having jurisdiction, the remaining terms shall remain in full force and effect. 

13.3  This contract supersedes all previous agreements between the parties and represents the entire agreement between the parties. 

13.4  No variation of any term of this contract shall be effective unless it is in writing, refers specifically to this contract and is duly executed by or on behalf of each party. 

13.5  None of the provisions of this contract are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a part to this contract. 

13.6  The Company may use sub-contractors to fit accessories to vehicle but the Company remains responsible for work undertaken. 

13.7  This agreement shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts. 

 

14.00 Used Car Sales

 

14.1 All used vehicles are bought as seen.

14.2 No warranty is issued

14.3 The company has no responsibility for the vehicle after sale

14.4 Used vehicles are sold as spears or repairs

.​