Terms & Conditions
Harvey & Jacob’s motor group Ltd Standard Terms and Conditions of Harvey & Jacob’s motor group Ltd Business
These standard terms and conditions ("Conditions") set out the contract terms between The Dealership and Purchaser of Vehicles and explain each party's rights and obligations. These Conditions also set out Harvey & Jacob’s motor group Ltd rights and its duties to Purchasers. Harvey & Jacob’s motor group Ltd shall, at its discretion, be entitled to amend and/or vary these Conditions from time to time.
This is an important document which should be read carefully. All Vehicles sold and purchased will be governed by these Conditions (whether such Vehicles are sold at a physical over the phone or electronically). In consideration for the mutual promises and undertakings set out herein: Harvey & Jacob’s motor group Ltd and Purchasers agree to be bound by these Conditions.
Your entry to and use of Harvey & Jacob’s motor group Ltd buildings, premises and other facilities (including your right to use software and services provided by Harvey & Jacob’s motor group Ltd) are subject to these Conditions. These Conditions can be accessed at www.harveyjacobsmotors.co.uk or upon request at Harvey & Jacob’s motor group Ltd premises or electronically.
Your attention is specifically drawn to:
clauses 5, 26 and 27 in relation to Unroadworthy Vehicles; and
clauses 43 and 66 and the time limits imposed by these clauses.
clauses 82 and 83 in relation to additional fees from Date of Acceptance.
Definitions
Accept or Acceptance means when the dealership accepts an Offer put by the client (and hereby Harvey & Jacob’s motor group Ltd accepts the Offer of the asking price or agreed by both parties)
Business Day means the days Harvey & Jacob’s motor group Ltd is not operating which only included public bank holiday or any other kind of festive Holidays in England
Admin Fee means the fees payable for the provision of a number of services (such as Harvey & Jacob’s motor group Ltd making available its facilities, administration and associated service) including those rights provided by Harvey & Jacob’s motor group Ltd to a Purchaser in accordance with clauses 82 and 83. Admin fees start from £95 or otherwise stated.
Contract of Sale means the contract between Harvey & Jacob’s motor group Ltd and Purchaser of the Vehicle which comprises these Conditions and is formed upon the Dealership Acceptance of the Purchaser's Offer
Available for Sale means the point in time at which the Dealership has advertised a Vehicle for sale which owned by Harvey & Jacob’s motor group Ltd, by Suppliers or Private Individuals by written or verbal instructions which instruction has been duly accepted by Harvey & Jacob’s motor group Ltd
Fees are fees chargeable by Harvey & Jacob’s motor group Ltd for its products and services (including promoting and facilitating the sale by Harvey & Jacob’s motor group Ltd, Suppliers or Private Individuals whether electronically or otherwise and fees for any additional products or services offered by Harvey & Jacob’s motor group Ltd)
Insurance Total Loss means that a Vehicle has been categorised by insurers as any of a category A (scrap metal only), category B (break for spare parts only), Category S (repairable Vehicle where repair costs exceeded the Vehicle's pre-accident value), category N (repairable vehicle) and category F (fire damage)
FGC or F.G.C means Harvey & Jacob’s motor group Ltd (a company registered in England under registration number 12770384 and VAT number 395232287) whose registered office address is 319-323 Greenford Rd, UB6 8RE Greenford
Market Value means the lesser of:
a) the mean average selling price of a Vehicle which is:
(i) achieved at a Harvey & Jacob’s motor group Ltd over the 1 (one) month period ending with the month in which the Vehicle the subject of the claim was purchased or, if not purchased, the date delivered, collected or taken possession of by Harvey & Jacob’s motor group Ltd; and
(ii) the same make, model and substantially the same condition and mileage as the Vehicle the subject of any claim; OR
b) the market value of a Vehicle for its make, model and condition at the date a claim is made
Offer means any price offered to be paid for a Vehicle and whether submitted electronically, in writing, orally or by any other means or indication (and a Purchaser authorises Harvey & Jacob’s motor group Ltd to put an Offer to a Supplier and to accordingly accept a Supplier's reply on a Purchaser's behalf)
Purchase Price means the price which has been Accepted for a Vehicle
Purchaser means the person or company whose Offer has been Accepted for the Vehicle and the definition, where the context so requires, shall include prospective Purchasers
Roadworthy means that a Vehicle complies with all legislation in force from time to time to ensure that Vehicles do not cause a danger on the roads and highways (including any regulations as to brakes, steering, gears, tyres, lighting equipment or any other such matter)
Safety Recall means a recall issued by a Vehicle manufacturer regarding defects, which have the potential to cause serious injury, including instructions for remedying the defect
Stolen Recovery means a Vehicle that has been stolen and recovered
Territory means mainland England, Scotland and Wales and excludes any areas where a Vehicle needs to be transported by ship, plane or any other similar form of transport
Vehicle means any car, light commercial van, motorcycle, caravan, heavy goods vehicle or any other vehicle, plant, machinery, equipment or any other asset
For the avoidance of doubt, any reference to the age or year of a Vehicle shall be deemed to be a reference to the year of the Vehicle's first registration in the United Kingdom as stated in the Vehicle registration document.
Dealership's duties
Unless the Dealership has otherwise stated prior to a Vehicle being Entered for Sale and Harvey & Jacob’s motor group Ltd has agreed to act in accordance with that instruction, the Dealership warrants and promises to the Purchaser that unless disclosed otherwise as part of the sales process, that where relevant:
a) the Dealership owns the Vehicle and accordingly has unencumbered title to and a right to sell the Vehicle;
b) the Vehicle has not been subject to an Insurance Total Loss and/or is not a Stolen Recovery;
c) the odometer (or the total mileage of a Vehicle if stated to be different from the odometer)
d) the Vehicle has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the Vehicle registration documents;
e) if the Vehicle is Offered For Sale with a cherished registration plate that is assigned to the Vehicle, the Dealership has all rights, title and interest to sell that cherished registration plate;
f) the year registered, or year of manufacture, whichever is earlier, which has been provided by a Dealership is correct (save that when the expression "unknown" or "year as seen" is used – no warranties or representations are given regarding the age of a Vehicle);
g) any and all Safety Recalls applicable to the Vehicle have been dealt with in accordance with manufacturer instructions and, where required, any default(s) fully remedied;
h) the Vehicle has not been used by the police, used as a taxi, re-registered, imported and/or registered outside of the United Kingdom;
i) all documents and information provided by the Dealership are true, accurate and complete in each and every particular.
If the Dealership is in breach of the warranty set out in clause 1(c) above, the Dealership shall only be liable to the Purchaser:
a) in respect of any negative difference between the Market Value of the Vehicle on the date of Acceptance and the actual price paid for the Vehicle by the Purchaser arising from a discrepancy between any mileage warranted in relation to the Vehicle at the time of Acceptance and the actual mileage of the Vehicle; and
b) only then if the discrepancy is at least 1,000 (one thousand) miles or 10% (ten per cent) more than the actual mileage of the Vehicle (whichever is greater); and
c) the Purchaser gives notice in writing to Harvey & Jacob’s motor group Ltd (as agent of the Dealership) of said discrepancy within 3 (three) Business Days of the date of Acceptance (failing which the Dealership will have no further liability in relation to the warranty set out in clause 1(c)) above.
Save as set out in clause 1, no warranties or representations are made by the Dealership regarding the mechanical condition or general quality of the Vehicle. Or Otherwise stated.
It is the duty of the Dealership to ensure the Vehicle is insured against third party damage and/or theft whilst on Harvey & Jacob’s motor group Ltd premises or otherwise in Harvey & Jacob’s motor group Ltd control and shall remain insured until risk passes to a Purchaser upon Acceptance. Risk in the Vehicle remains with the Dealership at all times until a Contract of Sale has been entered into.
The Dealership warrants to the Purchaser that it will immediately inform the Purchaser if a Vehicle is known by it not to be Roadworthy.
The Dealership warrants to the Purchaser that where plant, machinery or some other substantially similar asset are being sold, they will be safe for use and operation.
The Purchaser agrees that where it uses Harvey & Jacob’s motor group Ltd IT systems and software, that it shall do so using all due care and attention and shall use its best endeavours to ensure that no viruses, worms or disabling devices are uploaded onto Harvey & Jacob’s motor group Ltd systems.
The Dealership must inform the Purchaser in writing or verbally of the VAT status of a Vehicle prior to that Vehicle being Entered For Sale. The VAT status of a Vehicle as notified to the Purchaser prior to the sale of a Vehicle shall be binding and may not be changed following a Contract of Sale arising in respect of that Vehicle.
The Dealership must inform the Purchaser with accurate information regarding its VAT status and registration and of any amendments to the same. The dealership shall be responsible.
Contract of sale
When an Offer is Accepted by the Dealership a Contract of Sale is formed between the Dealership and the Purchaser.
Whilst risk in the Vehicle passes to the Purchaser at the time of Acceptance, all ownership and title in the Vehicle remains with the Dealership until it has received the Purchase Price less any Fees.
The Contract of Sale contains the warranties and representations made by the Dealership at clause 1 of these Conditions. The Dealership makes no other warranties or representations about the Vehicle. Whenever practical, it shall be for the Purchaser to inspect the Vehicle and make such enquiries, as the Purchaser considers appropriate concerning the Vehicle, with relevant third party providers of information. It is for the Purchaser to satisfy itself about any Offer it wishes to make for the Vehicle.
Other than as set out in these Conditions, the Dealership expressly excludes any and all representations and warranties about the Vehicle including any which may otherwise be implied into the Contract of Sale by the Consumer Rights Act 2015, any other legislation or by common law (whether this be terms implied by custom and practice or otherwise).
The Dealership shall not be liable to any Purchaser for any special, consequential or indirect losses suffered by a Purchaser in relation to the Vehicle.
The Dealership shall not be liable for any loss of profit, loss of contract, loss of revenue, loss of opportunity or loss of chance (whether such losses are direct or indirect or reasonably foreseeable at the time of the Contract of Sale) suffered by the Purchaser.
At all times the Dealership's liability to a Purchaser shall not exceed the Purchase Price.
Nothing in the Contract of Sale shall exclude or limit the Dealership's liability for death or personal injury caused by the Dealership's negligence or for any fraud or fraudulent misrepresentation.
For the avoidance of doubt, each of the matters set out at clauses 12 to 17 are a part of the Contract of Sale.
Payment of Purchase Price and related matters
Purchaser
A Purchaser must pay the Purchase Price (and any VAT, where relevant), Buyer's Premium and any other Fees by 5.00 pm of the next day following Acceptance. Where Harvey & Jacob’s motor group Ltd invoices the Purchaser for any Fees all such Fees shall be due and payable within 7 (seven) days of the date of invoice. The method of payment shall be in accordance with Harvey & Jacob’s motor group Ltd then current operating procedures and practices.
General
Where the Fees have been paid late by the Purchaser, Harvey & Jacob’s motor group Ltd shall have the right to charge interest on those Fees at the Rate of Interest. Where the Purchaser has not paid the Purchase Price and the Fees (including the Buyer Premium/Admin Fee) by the due date for payment, Harvey & Jacob’s motor group Ltd shall have the right to resell the relevant Vehicle without notice to the Purchaser and also to suspend or withdraw all of the Purchaser's trading facilities with Harvey & Jacob’s motor group Ltd. Any charges or losses incurred on any resale of the Vehicle (including any difference between the Purchase Price and the resale price) will be payable by the Purchaser to Harvey & Jacob’s motor group Ltd.
Where the Purchaser has purchased more than one Vehicle, Harvey & Jacob’s motor group Ltd, reserves the right not to allow any Vehicle to be removed from its premises until payment in full has been made in cleared funds in respect of all the Vehicles so purchased.
VAT (at the rate prevailing by law from time to time) shall be payable by the Purchaser where applicable.
Purchaser's Duties
Risk in the Vehicle passes to the Purchaser upon Acceptance. It is therefore the Purchaser's duty to insure the Vehicle from that time.
The Purchaser warrants and represents to Harvey & Jacob’s motor group Ltd that it has read and agreed all of these Conditions. The Purchaser warrants and represents to Harvey & Jacob’s motor group Ltd are fair and reasonable.
Each prospective Purchaser shall provide his true name and address and such other information and proof of identity (whether in respect of money laundering procedures or otherwise) as may reasonably be required by Harvey & Jacob’s motor group Ltd The Purchaser understands and agrees that it is the Purchaser's duty to ensure that all necessary safety checks on the Vehicle are undertaken before putting the Vehicle into use (including placing them on the highway).
It is the Purchaser's responsibility and it shall accordingly and additionally warrant and represent to Harvey & Jacob’s motor group Ltd that it will do all things necessary to ensure (including by undertaking repair or maintenance as necessary) that the Vehicle is safe for operation and use and that the Purchaser has all necessary permits, certificates or any other legally required documentation or insurance as may be necessary to use the Vehicle (whether on the highways or otherwise).
Where a cherished registration plate is assigned to a Vehicle but not purchased with the Vehicle, the Purchaser:
a) warrants, represents and undertakes that it will cooperate in the retention of the cherished registration plate by the Dealership; and
b) acknowledges that the Vehicle will require a valid MOT certificate for the allocation of a new registration number.
The Purchaser warrants, represents and undertakes that it will do all things necessary to ensure that the Vehicle is Roadworthy or, where not Roadworthy, that they are put in a condition so as to be Roadworthy and safe for use before putting them on the road.
The Purchaser shall pay any deposit in respect of the purchase of Vehicles as may be required by Harvey & Jacob’s motor group Ltd. The deposit shall be returned by Harvey & Jacob’s motor group Ltd if:
a) The Dealership has agreed to cancel a Contract of Sale.
Deposits shall not be refundable where a Purchaser seeks to withdraw an Offer after Acceptance and where clause 30(a) does not apply or where a Purchaser otherwise fails to pay (howsoever arising) for a Vehicle.
Each Purchaser warrants and represents to Harvey & Jacob’s motor group Ltd that all information provided by it shall in all respects be true, accurate and complete.
Each Purchaser agrees that it shall immediately update Harvey & Jacob’s motor group Ltd on any changes to information provided by it to Harvey & Jacob’s motor group Ltd.
Each Purchaser agrees that where it makes an Offer on Vehicles made available for immediate purchase at a specified price (or a price greater than the specified price), the submission of an Offer at or above the price will be binding upon Acceptance.
The Purchaser warrants and represents to Harvey & Jacob’s motor group Ltd it understands and agrees that:
a) all Vehicles only come with those representations and warranties described in clauses 1 and 75
b) it has no rights against Harvey & Jacob’s motor group Ltd in respect of the quality, condition or merchantability of the Vehicles
c) Harvey & Jacob’s motor group Ltd does not conduct any Safety Recall checks; and
d) prior to making any Offer in respect of any Vehicle, it will satisfy itself regarding the value and condition of the Vehicle by inspecting them and / or making such other background checks as are prudent and sensible.
Each Purchaser agrees that where it uses Harvey & Jacob’s motor group Ltd IT systems and software, including any facilities made available over Harvey & Jacob’s motor group Ltd website, that it shall do so using all due care and attention and shall use its best endeavours to ensure that no viruses, worms or disabling devices are uploaded onto Harvey & Jacob’s motor group Ltd electronic systems.
Each Purchaser agrees that it will keep confidential, safe and secure any of its buyer account details and any passwords or user names provided to it by Harvey & Jacob’s motor group Ltd to enable it to have access to Harvey & Jacob’s motor group Ltd systems and a Purchaser further agrees that it shall be liable for and shall indemnify and hold Harvey & Jacob’s motor group Ltd harmless on demand against any costs, liabilities, damages, expenses, fees (including legal fees) and losses suffered by Harvey & Jacob’s motor group Ltd by reason of any third party use of the prospective Purchaser's account details, user names or passwords.
Each Purchaser agrees to fully and effectively indemnify Harvey & Jacob’s motor group Ltd and hold Harvey & Jacob’s motor group Ltd harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by Harvey & Jacob’s motor group Ltd by reason of the prospective Purchaser being in breach of these Conditions including under the Contract of Sale.
Each Purchaser warrants and represents to Harvey & Jacob’s motor group Ltd that where it trades online, it is trading in the course of business and not as a private consumer.
Purchaser's Rights
Where made available to a Purchaser by Harvey & Jacob’s motor group Ltd, a Purchaser may make Offers in writing or electronically as well as making an Offer orally or otherwise at Harvey & Jacob’s motor group Ltd premises. Where a Purchaser makes use of Harvey & Jacob’s motor group Ltd electronic facilities, it shall do so in accordance with these Conditions.
Title in the Vehicle passes to the Purchaser upon cleared payment in full of the Purchase Price and Fees to Harvey & Jacob’s motor group Ltd.
The Purchaser shall have the benefit of the Dealership's warranties and representations incorporated into the Contract of Sale at clause 1.
Subject to clause 43 below, in the event that any of the warranties and representations given at clause 1 are untrue, the Purchaser has the right to either:
a) at least in so far as it relates to title, to rescind the Contract of Sale (subject to the time limit specified below) and be refunded the Purchase Price minus the Usage Fee and Change Of Ownership Fee and final settlement of any claim the Purchaser may have; or
b) if a sufficiently material misrepresentation has been made, to rescind in accordance with clause 42(a) or alternatively (and in all other circumstances where not a sufficiently material misrepresentation) to retain possession of the Vehicle and claim for any losses directly suffered by the Purchaser (subject to the time limits set out in clause 43 below and subject at all times to the restrictions set out in clause 2 and exclusions and caps on liability set out at clauses 14 to 16).
The time limit for bringing a claim for breach of warranty or representation under clause 1 is 3 (three) days from the date of Acceptance, unless it relates to title in which case it is 6 (six) months from the date of Acceptance.
For the avoidance of doubt, clauses 40 to 43 form part of the Contract of Sale.
The Purchaser has the benefit of the promises provided by Harvey & Jacob’s motor group Ltd in accordance with clauses 74 to 75 when the Purchaser has paid the Purchase Price and Fees in full and cleared funds.
Harvey & Jacob’s motor group Ltd’s Rights
Harvey & Jacob’s motor group Ltd has the right to decline offer for sale any Vehicle at its sole discretion.
Harvey & Jacob’s motor group Ltd may refuse any person's or company's entry to its premises or require any individual to leave its premises at its sole discretion.
Harvey & Jacob’s motor group Ltd shall have the right to refuse any person's or company's access to its website or other software or electronic systems or facilities and/or to suspend any such rights of access at its sole discretion.
Harvey & Jacob’s motor group Ltd may withdraw or suspend at any time any facilities made available by it to any person or company including any credit facilities or any account holder rights (such suspension or withdrawal being at Harvey & Jacob's Motor Group Ltd's sole discretion).
Harvey & Jacob’s motor group Ltd shall have the right not to take or accept any Offer from any individual, company or organisation and shall have the right to require any Purchaser to be properly authorised by Harvey & Jacob's Motor Group Ltd to participate in any particular sale of Vehicles.
Harvey & Jacob’s motor group Ltd shall have the right to put in place rules at its discretion from time to time regarding the acceptance of Offers electronically. All Purchasers agree to be bound by those rules.
Harvey & Jacob’s motor group Ltd is not bound to accept any particular Offer and Harvey & Jacob’s motor group Ltd decision regarding the submission of Offers shall be final.
Harvey & Jacob’s motor group Ltd makes no guarantees as to the availability of any equipment or electronic systems or communication facilities made available by it. Harvey & Jacob’s motor group Ltd makes no promises that a prospective Purchaser will have uninterrupted, secure or error free access to Harvey & Jacob’s motor group Ltd electronic systems and communication facilities.
Each Purchaser agrees that all right, title and interest in data collected and processed by Harvey & Jacob’s motor group Ltd (including all database rights created by it) shall inure to and belong to Harvey & Jacob’s motor group Ltd.
Each Purchaser agrees that all copyright (including rights in software), trade marks, database rights and any other intellectual property rights in any website operated by Harvey & Jacob’s motor group Ltd or in any other electronic communication facilities operated and provided by Harvey & Jacob’s motor group Ltd or any other document, report, appraisal or other information produced or compiled by Harvey & Jacob’s motor group Ltd shall be the property of and belong to Harvey & Jacob’s motor group Ltd (and/or its licensors). No rights in any of Harvey & Jacob’s motor group Ltd intellectual property rights (including trade marks, copyright and logos) are granted to a Purchaser other than such limited rights as are strictly necessary for use of Harvey & Jacob’s motor group Ltd website or electronic communication facilities made available by Harvey & Jacob’s motor group Ltd.
Purchasers may not copy, reproduce, republish, reverse engineer, commercially exploit or otherwise make use of Harvey & Jacob’s motor group Ltd intellectual property other than for the strict purpose of using the website, communication facilities and other systems made available by Harvey & Jacob’s motor group Ltd in order to receive and use the services offered by Harvey & Jacob’s motor group Ltd.
Ownership and title to any Vehicle shall pass to Harvey & Jacob’s motor group Ltd where:
a) Harvey & Jacob’s motor group Ltd has paid for a vehicle in a Part Exchange Contract;
b) Harvey & Jacob’s motor group Ltd has purchased a vehicle from any Suppliers, Vendors or Private Individuals.
Notwithstanding the fact that title has passed to Harvey & Jacob’s motor group Ltd in accordance with clause 57.
Purchasers agree that Harvey & Jacob’s motor group Ltd shall have a lien on any Vehicle in respect of any monies due to it from the Vendor or the Purchaser (as relevant).
Harvey & Jacob’s motor group Ltd may retain possession of the Vehicle until a Purchaser is able to prove that it has paid the Purchase Price in full and cleared funds and, where relevant, any agent acting on behalf of a Purchaser can prove he has the requisite authority to act on the Purchaser's behalf. Harvey & Jacob’s motor group Ltd has the right to require proof of identification before releasing the Vehicle to any person.
Firs Harvey & Jacob’s motor group Ltd may charge interest at the Rate of Interest on any overdue payments owed to it.
The Purchaser agree that Harvey & Jacob’s motor group Ltd shall have a right to charge The Purchaser Fees/Usage fee where Vehicles are on James Harvey & Jacob’s motor group Ltd premises and where the an event The purchaser wants to return the Vehicle from Date Of Acceptance
In the event that there is any dispute between The Dealership and a Purchaser, the Purchaser authorise Harvey & Jacob’s motor group Ltd to retain the Purchase Price and possession of the Vehicle until that dispute has been settled. In the event that the dispute is settled such that Harvey & Jacob’s motor group Ltd has agreed to cancel the Contract of Sale, Harvey & Jacob’s motor group Ltd shall return the Purchase Price minus any Fees.
Risks
All Vehicles are handled, driven (including during collection and delivery of the Vehicle) and left on Harvey & Jacob’s motor group Ltd premises at the risk of:
a) the Purchaser immediately upon Acceptance.
Harvey & Jacob’s motor group Ltd accepts no liability whatsoever in relation to the Vehicle whilst left on its premises.
Buyer's Premium
Subject to Harvey & Jacob’s motor group Ltd being in receipt of the Buyer's Premium, any other relevant Fees and the Purchase Price for the Vehicle, and no disclosures having been made to the contrary: the Purchaser is entitled to rely on the following representations and warranties made by Harvey & Jacob’s motor group Ltd:
a) unencumbered title to the Vehicle will be passed to the Purchaser so that it will own the Vehicle;
b) the Vehicle has not been the subject of an Insurance Total Loss and/or is a Stolen Recovery (unless disclosed otherwise);
c) the odometer of any Vehicle (or the vehicle's total mileage if this is provided) if noted to be warranted as correct on any sales catalogue or other written description of the Vehicle will be true and accurate.
d) in an event or claim/repair and once a discount has been applied to a vehicle, the discounted funds will be deducted from total Costs
In the event that any of the warranties and representations given at clause 66 is proven to be untrue (the Purchaser having provided evidence reasonably satisfactory to Harvey & Jacob’s motor group Ltd), then a Purchaser shall have the right to return the Vehicle to Harvey & Jacob’s motor group Ltd and to be repaid the Purchase Price minus any Fees provided always that:
a) in respect of clause 66(a), the Purchaser has notified Harvey & Jacob’s motor group Ltd in writing within 30 (thirty) months of Acceptance bringing a claim under clause 82; and
b) in respect of clause 66(b), the Purchaser has notified Harvey & Jacob’s motor group Ltd in writing within 3 (three) days of Acceptance bringing a claim under clause 66; and
c) in respect of clause 66(c), the Purchaser has notified Harvey & Jacob’s motor group Ltd in writing within 3 (three) days of Acceptance bringing a claim under clause 82 and Harvey & Jacob’s motor group Ltd shall only be liable to the Purchaser in respect of any negative difference between the Market Value of the Vehicle on the date of Acceptance and the actual price paid for the Vehicle by the Purchaser arising from a discrepancy between any mileage warranted in relation to the Vehicle at the time of Acceptance and the actual mileage of the Vehicle and only then if the discrepancy is at least 1,000 (one thousand) miles or 10% (ten per cent) more than the actual mileage of the Vehicle (whichever is greater); and
d) in respect of each of clause 67(a) to 67(c), the Purchaser has not by its own acts or omissions damaged or tampered with the Vehicle.
Additional Services
Delivery/Collection
If Harvey & Jacob’s motor group Ltd is requested to collect or deliver any Vehicles, Harvey & Jacob’s motor group Ltd will use reasonable efforts to deliver and/or collect the Vehicles within any time agreed with the Dealership or Purchaser. Time shall not be of the essence and Harvey & Jacob’s motor group Ltd shall have no liability for late or non delivery or collection on the date and time that has been agreed.
Harvey & Jacob’s motor group Ltd will use reasonable care and skill in delivering and/or collecting the Vehicles, but all risk in the Vehicles during the transportation of them shall remain with the Purchaser as relevant in accordance with these Conditions.
Charges for delivery and/or collection will be at Harvey & Jacob’s motor group Ltd current rates then in force (or as may otherwise be agreed). Each Purchaser agrees to pay any road tolls or congestion charges incurred by Harvey & Jacob’s motor group Ltd in the performance of any delivery and/or collection services.
Storage
Harvey & Jacob’s motor group Ltd shall have the right to charge storage fees (at the standard rate in force from time to time) where any Vehicles remain on Harvey & Jacob’s motor group Ltd premises (which includes all land leased, owned or utilised by Harvey & Jacob’s motor group Ltd) and where:
a) a Purchaser leaves the Vehicle on Harvey & Jacob’s motor group Ltd premises for more than 3 (three) days after Acceptance (including where the reason for them being left Harvey & Jacob’s motor group Ltd premises is that the Purchaser has failed to pay the Purchase Price in respect of those Vehicles); or
d) Purchaser requests that Vehicles be left Harvey & Jacob’s motor group Ltd premises; or
e) Vehicles are left Harvey & Jacob’s motor group Ltd premises for more than 3 (three) days (for whatever reason) except where Harvey & Jacob’s motor group Ltd has agreed terms for the provision of storage services (in which event those terms shall apply); and
where storage fees are chargeable in accordance with this clause 71, storage fees will be charged (unless agreed otherwise) from Acceptance (or in respect of Vendors from the point of delivery to Harvey & Jacob’s motor group Ltd) up to and including the date the Vehicles are removed.
Unless agreed otherwise, risk in such Vehicle shall at all times remain with the Purchaser. Where Vehicles have been left or abandoned on Harvey & Jacob’s motor group Ltd premises, the Purchaser, companies or any other individuals(whichever is relevant) hereby authorise Harvey & Jacob’s motor group Ltd to sell the Vehicles.
Online Payment
Consumer/Purchaser are able to do a Bank Transfer to clear the Funds in full prior to collection or delivery. Harvey & Jacob’s motor group Ltd may, at its discretion, withdraw this online payment facility at any time.
Liability
Nothing in these Conditions shall limit Harvey & Jacob’s motor group Ltd liability for (a) death or personal injury arising from our negligence or fraud or (b) for fraudulent misrepresentation.
Harvey & Jacob’s motor group Ltd shall have no liability to either a Purchaser for any: a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), b) loss of goodwill, c) loss of business, d) increased management costs, e) lost opportunity and f) special and consequential losses (and each of (a) to (f) in this clause 75 are intended to be severable from this clause where the law so requires).
Harvey & Jacob’s motor group Ltd shall have no liability for a vehicle once it leaves it premises, once Acceptance has been concluded, the Purchaser agrees to the condition of the vehicle being satisfied.
Harvey & Jacob’s motor group Ltd shall have no liability for theft or damage to a Vehicle (except where the damage is caused by Harvey & Jacob’s motor group Ltd employees) when on Harvey & Jacob’s motor group Ltd premises.
Harvey & Jacob’s motor group Ltd shall have no responsibility to check the accuracy of any information provided or made available to it (which may include any information that is then listed in the entry form, catalogues, listings, appraisals and any other sales literature in use from time to time). Prospective Purchasers rely on all such information at their own risk.
It is for Purchasers to satisfy themselves as to the quality, condition and provenance of the Vehicle through its own inspection and enquiries and Harvey & Jacob’s motor group Ltd shall accept no liability for any information prepared by it (in particular, where it is dependant and reliant on information provided by third parties and, for the avoidance of doubt, Harvey & Jacob’s motor group Ltd does not undertake to check or scrutinise such information).
Harvey & Jacob’s motor group Ltd shall accept no responsibility to safeguard any data not belonging to Harvey & Jacob’s motor group Ltd and shall have no liability as a consequence of information or data not being received by it and nor shall Harvey & Jacob’s motor group Ltd have any liability for the availability of any website, system or any electronic means of communicating with Harvey & Jacob’s motor group Ltd.
At no time shall Harvey & Jacob’s motor group Ltd liability exceed the greater of the Purchase Price or the Market Value of the Vehicle (that the claim or loss relates to).
Harvey & Jacob’s motor group Ltd shall have no liability to a Purchaser for any delay in performance if and to the extent that the delay is due to circumstances beyond its reasonable control.
Usage Fee
The Purchaser shall be responsible for usage fee from Date of Acceptance at a daily rate of £50
Change Of Ownership Fee
The Purchaser shall be responsible for Change Of Ownership Fee at a rate of minimum £200 depending of the Value/Rarity of the Vehicle.
General
Where Vehicles are sold or purchased, or where Harvey & Jacob’s motor group Ltd provides any services, under these Conditions, Harvey & Jacob’s motor group Ltd shall require certain information from the Purchaser (as applicable), which may include personal data (as defined in accordance with the Data Protection Act 1998). Any/all personal data collected by Harvey & Jacob’s motor group Ltd for such purposes shall be processed by Harvey & Jacob’s motor group Ltd in accordance with Harvey & Jacob’s motor group Ltd privacy policy.
Use of Harvey & Jacob’s motor group Ltd website shall be subject to Harvey & Jacob’s motor group Ltd website terms and conditions. Harvey & Jacob’s motor group Ltd makes no promises or representations regarding the availability of that website or any other system or electronic means of communication made available by Harvey & Jacob’s motor group Ltd.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale and purchase of Vehicles pursuant to these Conditions.
These Conditions set out the entire agreement between (1) Harvey & Jacob’s motor group Ltd and Purchaser; (2) Harvey & Jacob’s motor group Ltd and any other third parties;
No other person except for the parties to these Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions. Nothing in these Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
These Conditions contain all the terms which are agreed in relation to the sale and purchase of a Vehicle and supersede any prior written or oral agreements, representations or understandings between the parties relating to the Vehicle. A party proceeds to sell and purchase Vehicles solely on the basis of the terms set out in these Conditions. Nothing in this clause shall exclude liability for fraud or fraudulent misrepresentation.
Without prejudice to any other right or remedy, Harvey & Jacob’s motor group Ltd shall be entitled but not obliged at any time to set off any liability of the Purchaser owed to Harvey & Jacob’s motor group Ltd against any liability of Harvey & Jacob’s motor group Ltd to the Purchaser or any third party as relevant (and howsoever arising and whether any such liability is present or future, liquidated or unliquidated).
If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
Any notices shall be made by either email, facsimile, telephone or regular mail at Harvey & Jacob’s motor group Ltd election.
Harvey & Jacob’s motor group Ltd, Purchaser or any Third Party agree not to assign their rights and obligations under these Conditions.
No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between Harvey & Jacob’s motor group Ltd and either Purchaser or Third Party by reason of these Conditions.
These Conditions shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
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