Terms
1. By placing an order for a vehicle on the http://www.kudosvm.com website you agree to be bound by the terms and conditions contained below, in addition to the terms of use and privacy policy. You must read and accept these before an order is placed.
2. The contract is personal to you or your company and must not be assigned without our prior written consent.
3. These terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of Third Parties)
Act 1999.
CONTRACT FORMATION
4. On receipt of your request for a quotation we will provide you with a written or verbal quotation detailing the features on your chosen vehicle and our price suggested for the vehicle. Quotations can also be obtained from the web site. All quotations given are for information purposes only and not an offer to sell you a vehicle.
5. If you are happy with the price quoted or figures on the web site, you should telephone our sales team to let us know that you are interested in placing an order. We will then validate the details of the quotation for you.
DEPOSITS
6. The sum required to be paid as a deposit is £500. This amount is paid on the date of ordering the vehicle.
7. If we fail to supply the vehicle to you because of a failure on our part to carry out our obligations under our contract with you we will of course return your deposit to you. Otherwise, deposits are non-refundable.
DELIVERY
8. If we are able to, we will provide an initial delivery date on the order form. This date will be a realistic estimate (Based upon information supplied from the Manufacturer/Supplier at the time we process your order) of when you can expect your vehicle to be delivered. This initial delivery date is approximate only, and we would not usually expect it to be longer than 16 weeks from the date of the contract.
9. 9.1 We will try to deliver the vehicle by the initial delivery date, but we are dependant on our supplier/the manufacturer delivering the vehicle to us within the agreed timescales. We will regularly update you with information (As and when this is available from the Manufacturer /Supplier) about the expected delivery date, and try to confirm the date by telephone or email where possible.
9.2 If you are not satisfied with the proposed new delivery date, then you must inform us of your intention (in Writing within 7 days) to withdraw from the contract and we will cancel the order with our supplier/the manufacturer and return your deposit to you . We reserve the right to withdraw from the contract if you fail to confirm your acceptance to the revised delivery date within seven days of us informing you of the proposed new delivery date. Under such circumstances we will refund your deposit less our standard administration charge of £250.
9.3 We shall have no liability to pay any money to you for any loss or delay caused pursuant to clause 9, other than to refund to you the amount of the deposit paid by you for your vehicle."
10. In the event that you select to have your vehicle delivered to you, we will endeavour to get your vehicle to you in the same condition it left our supplying dealer / manufacturer. As you will appreciate, however due to road and environmental conditions the vehicle may not be perfectly clean and may have suffered such reasonable wear and tear as would be expected during a road journey from its storage location to your address. You accept we shall not be liable for such matters unless caused as a direct result of our negligence.
PRICE
11. We do not sell vehicles for cash. The “price” relates only to deposits, motnly payments and final payments where applicable. All figures given are monthly payments based on the corresponding method of finance on the web site or written quotation. The price will indicate if the figures include or exclude VAT or road fund licence (which is subject to variation below), value added tax at the rate in force on the date the contract is formed, number plates, any optional features in the quotation on which the contract is based, and delivery.
12. The monthly payments may vary subject to variation if the amount attributable to road tax increases or decrease, vat increase or decrease or decreases between the formation of the contract and the delivery of the vehicle. Any variation will be reflected in the monthly payments.
13. Any deposits, settlement figures or part exchange allowance shall be payable by you in pounds sterling by bank draft made payable to "Kudos Vehicle Management" (unless an alternative method of payment is agreed at the date of the contract) upon delivery of the vehicle.
14. When we are able to confirm the delivery date, registration number and chassis number of the vehicle, we will contact you to provide this information. We will request a copy of your driving licence and bank draft which will be used as payment (unless an alternative method of payment is agreed at the date of the contract). These copies must be provided to us before delivery of the vehicle will
be made.
15. Full payment of deposits, settlement figures or part exchange allowance will be due prior to delivery of the vehicle at your business address, home address or any other agreed delivery address.
16. If you fail to pay any sum due under the contract you will be liable to pay interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until full payment is made (a part of a month being counted as a full month for the purpose of calculating interest).
TITLE TO THE VEHICLE
17. Is always with the finance or contract hire company unless otherwise stated in the terms and conditions of the finance agreement used to fund the fehicle.
FINANCE / LEASING /CONTRACT HIRE
18. If you choose to purchase a from us using finance from a third party or through a leasing company you will be subject to further terms and conditions imposed by the finance or leasing company.
PART EXCHANGE VEHICLE
19. If you intend to offer a vehicle ("part exchange vehicle") to us in lieu of payment of part of the purchase price of a new vehicle from us, then before you place an order for the vehicle you must complete a used vehicle appraisal form which can be supplied by our office. This must be completed as accurately as possible with information about the part exchange vehicle. Based on the information supplied, we will provide you with a valuation for your vehicle.
20. If you are satisfied with the valuation then you can offer to sell us the part exchange vehicle and if we accept, then the relevant amount will be offset against the deposit or cost of the contract of the new vehicle, and the amended terms for the new agreement amended accordingly.
21. We will not purchase the part exchange vehicle from you unless you purchase a new vehicle from us and we reserve the right to return the part exchange vehicle if you subsequently cancel the contract as set out in clause 25. In addition, the following conditions must be satisfied when the balance of the purchase price becomes due:
21.1the statements and representations made by you in relation to the part exchange vehicle are correct, accurate and repeated at the time that the title of the part exchange vehicle is transferred to us;
21.2the part exchange vehicle is to be collected by Kudos on or around the same time or prior to delivery of the new vehicle being made to you, and title is to be transferred to us prior to or on collection;
21.3 if the part exchange vehicle is subject to any charge or third party interest, then it is capable of cash settlement. In this case, you agree to transfer the legal ownership of the part exchange vehicle to us along with all relevant documentation and we will arrange for the charges to be discharged with the relevant third parties on a date stated by us. The amount stated as the part exchange allowance and final balance on the quotation will be reduced and the amount payable for the new vehicle by you increased accordingly, and confirmed in an updated invoice; and
22. If either a period of 60 days elapses between the part exchange valuation and transfer of title of the part exchange vehicle to us, or the total mileage of the part exchange vehicle exceeds the estimated mileage contained in the part exchange valuation, then we reserve the right to recalculate the part exchange valuation, which may increase the final balance of the purchase price due from you, as in paragraph 20.
23. If you fail to comply with a condition set out in paragraph 21, then we are under no obligation to continue on the basis that a vehicle is being part exchanged by you and will give you written notice that either:
you will be bound to pay the purchase price in full in accordance with these terms and conditions; or
Kudos will accept the part exchange vehicle but recalculate the part exchange valuation and also include fair and adequate compensation to us for any losses, expenses, adverse tax implications or charges incurred due to your failure to comply with paragraph 21, and you will remain bound to pay the balance of the purchase price.
24. If we collect the part exchange vehicle from you and you then cancel the contract in accordance with paragraph 25, we reserve the right (within ten days from the date of cancellation) to either:
return the part exchange vehicle to you;
request that you collect the part exchange vehicle from us;
pay to you a sum of money equal to the amount of the part exchange valuation and retain the part exchange vehicle;
and we may invoice you for the sum paid to third parties to discharge any charges or third party interests on the part exchange vehicle, in addition to the above, if necessary.
CANCELLATION RIGHT
25. You may cancel this contract by sending written notice to us at Kudos Vehicle Management, The Barn, Abbots Royd, Barkisland, Halifax. HX4 0BZ or by fax on 08458 336644 or by email at info@kudosvm.com.
26. The written notice should reach us no later than seven working days beginning with the day after the day on which you receive the vehicle ("Cancellation Period"). A "working day" means all days other than Saturdays, Sundays and public holidays.
27. If you cancel the contract within the Cancellation Period and in accordance with these terms and conditions, then within ten days of cancellation either you must return the vehicle to The supplying vehicle dealer / manufacturer at your expense, or you must make the vehicle available for collection by us, for which we will either make a charge to cover our direct costs of recovering the vehicle or use a third party to collect the vehicle and charge the costs of doing so to you.
28. If you cancel the contract within the Cancellation Period, you must comply with your duties to retain possession of the vehicle and take reasonable care of it until it has been either returned to us or one of our nominee, or a third party carrier employed by you and carrying the requisite insurance to cover any damage in transit.
29. Failure to take reasonable care of the vehicle (excepting reasonable wear and tear) including damage to the body work, interior or any alterations will result in a claim against you for the repair of the vehicle or the loss in value that will result. Similarly, although we understand that you will need to test the vehicle on the road, we would not expect its mileage to have increased more than 100 miles compared with the reading recorded on the vehicle on delivery.
30. On the return of the vehicle in accordance with paragraph 27, all vehicle keys, registration documents and other accessories, equipment and items provided with the vehicle which could be reasonably expected to be returned should be returned with the vehicle.
31. If you cancel the contract we shall return the sums paid by you to date with the following deductions:
31.1a charge for the direct costs of recovering the vehicle pursuant to paragraph 27;
31.2a charge for the cost of repair pursuant to paragraph 28;
31.3a charge for the cost of diminution of value due to excess mileage pursuant to paragraph 29;
31.4a charge for the cost of storage and additional transportation costs pursuant to paragraph 36; and
31.5a sum paid to third parties pursuant to paragraph 21.4.2.
31.6 In the event you choose to cancel your order prior to delivery for your own personal reasons you must inform us of your intention (in Writing within 7 days) to withdraw from the contract and we will cancel the order with our supplier/the manufacturer and return your deposit to you less an administrative cost of £150 as we will still have to accept the car from the manufacturers and take the vehicle into our own stock.
32. If you use the assistance of a finance company to purchase the vehicle from us and you cancel the contract then:
32.1your notice of cancellation will be deemed to cancel the agreement between us and the finance company; and
32.2 your notice of cancellation will be deemed to cancel the agreement between you and the finance company.
33. You will not be able to cancel the contract in the following circumstances:
33.1 the vehicle has been made to your specifications or clearly personalised to your own requirements; or
33.2 if you are unable or refuse to return the vehicle to us or permit us to collect the vehicle within 21 days of receiving notice of our intention to collect;
TERMINATION
34. We may terminate the contract if any of the following occur:
34.1 you are unable to or do not accept delivery of the vehicle at your nominated address in the United Kingdom on the agreed date for delivery and you have failed to give us more than three working days notice that you are unable to accept delivery;
34.2 you fail to ensure that a new delivery date is agreed or that the vehicle is collected from us within fourteen days of the date that we notify you that the vehicle is available for delivery;
34.3 you fail to pay the purchase price and any other sums due under the contract in full in accordance with these terms and conditions;
34.4 we reasonably believe that the contract has been formed upon the basis of a genuine typing error (due to an administrative mistake) on our website in relation to any term of the contract (including but not limited to the vehicle price and the part-exchange valuation) and the error is drawn to your attention;
34.5 you commit a breach of any of these terms and conditions.
35. In the circumstances where the breaches contained in paragraph 34 are capable of remedy, you must do so within seven days of receiving notice from us stating such, and inform us of such remedy immediately, in which case we may not exercise our right
to terminate.
36. In circumstances when we give you notice under paragraph 34, we may need to arrange for the vehicle to be stored by either ourselves or a third party. In such circumstances, you will be liable for the reasonable costs of such storage and any additional transportation until the vehicle is delivered to you or the contract is terminated in accordance with paragraph 34.
EXCLUSION OF LIABILITY
37. We do not exclude or restrict liability for death or personal injury resulting from our negligence.
LIMITATION OF LIABILITY
38. Subject to clause 37 (Exclusion of liability), we will not be liable to you for any of the following:
38.1 losses that were not reasonably foreseeable to both parties when the contract was formed;
38.2 losses that were not caused by any breach of these terms and conditions on the part of us;
38.3 business losses (including but not limited to loss of profit, business opportunity or goodwill)."
39. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your Local Citizens Advice Bureau or refer to the Office of Fair Trading website (www.oft.gov.uk/default.htm).
JURISDICTION
40. These Terms & Conditions of use shall be construed and interpreted in accordance with the relevant United Kingdom law. The courts of the United Kingdom will have exclusive jurisdiction in relation to any claim, dispute or other matters arising there from.
DATA PROTECTION
41. We shall use the information You give Us to assist in the handling of your account, help Us assess any application You make to Us and, unless You have indicated that You do not wish Us to do so, to inform you by letter, phone or e-mail of other services and products offered by or company or other associated companies or selected third parties we think would be of interest to you.
We may also disclose your information to
Organisations special offers on cars use in handling your account
Credit reference agencies or fraud prevention agencies
Any persons we are required by law to do so.
Kudos Vehicle Mangement 2009-2010 Terms & Conditions.
Vehicles shown are for illustration purposes only.
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