The Terms and Conditions set out hereunder are the terms on which Allams hereinafter referred to as "the Seller", Conduct their business and the said terms and conditions apply to all orders placed with the Seller for the sale or supply of motor vehicles of all descriptions and are incorporated in any contract with the Seller for the sales or supply of such vehicles.
1. (a) The Seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. The Seller shall not be obliged to fulfil orders in the sequence in which they are placed. (b) If the Seller shall fail to deliver the goods within 21 days of the estimated date of delivery stated in this contract the Purchaser may by notice in writing to the Seller require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.
2. If the goods to be supplied by the Seller are new, the following provisions shall have effect. (a) This agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer or Concessionaire may from time to time lawfully attach to the supply of the goods or the re-sale of such goods by the Seller, and the Seller shall not be liable for any failure to deliver the goods occasioned by his inability to obtain them from the Manufacturer or concessionaire or by his compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the Manufacturer or Concessionaire may be inspected at the Seller's Office; (b) the Seller undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that he will use best endeavours to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by him to the Seller or to the Purchaser in respect of the goods and, save in the case of consumer sales (as defined by the Sale of Goods Act 1979) all statements conditions or warranties as to the quality of the goods or their fitness for any particular purpose whether express or implied by law or otherwise are hereby expressly excluded.(c) notwithstanding the sum for Car Tax specified in the order. The sum payable by the Purchaser in respect thereof shall be such sum as the Seller had legally had to pay or becomes legally bound to pay for or Car Tax in respect of the goods and notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such as the Seller becomes legally liable for at the time the taxable supply occurs; (d) if after the date of this order and before delivery of the goods to the Purchaser the Manufacturer's or Concessionaire's recommended price for any of the goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser. and (i) in the event of the Manufacturer's or concessionaire's recommended price for the goods being increased the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of receipt of such notice. If the Purchaser does not give such notice as aforesaid the increase in price shall be added to and become part of the contract price; (ii) in the event of the recommended price being reduced the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such noticed; (e) in the event of the Manufacturer of the goods described in the order ceasing to make goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser, cancel the contract.
3. lf the goods to be supplied by the Seller are used the following provisions shall have effect (a) The vehicle to be supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Act 1979); (i) Is sold subject to any conditions or warranties that are implied by the Sale of Goods Act 1979. or any amending statute; (ii) Prior to signing this order form the Purchaser shall examine the vehicle and the items set out in the Purchasers Certificate of Examination overleaf and the Purchaser is reminded that the condition or merchantable quality implied by the Sale of Goods Act 1979 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to the defects notified by the Seller to the Purchaser before signing the agreement, the condition of merchantable quality above referred to does not operate in relation to those defects.(b) Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the goods or their fitness for any purpose whether expressed or implied by Law or otherwise are hereby expressly excluded.
4. If the contract to be cancelled under the provisions of clauses 1b, 2d or 2e hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability
5. lf the Purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Seller's right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchaser's default.
6. Ownership of the goods shall remain with the Seller which reserves the right to dispose of the goods until payment of the price in full. If payment is overdue in whole or in part the Seller may (without prejudice to its other rights) recover or resell the goods and may enter upon the Purchaser's premises by its servants or agents for that purpose. Payment shall become due immediately upon the commencement of winding up or bankruptcy proceedings against the Purchaser. Until the Seller is paid in full for the goods the relationship of the Purchaser to the Seller shall be fiduciary in reaped of the goods and if the same are sold by the Purchaser the Seller shall have the right to trace the proceeds according to the principles in In Re Hallett's Estate (1990) Ch..D.696.A cheque given by the Purchaser shall not be treated as payment until it has been cleared.
7. The goods supplied by the Seller shall be at the Purchaser's risk immediately on delivery to the Purchaser or into custody on the Purchaser's behalf (whichever is the sooner) and the Purchaser should therefore be insured accordingly.
8. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the following further conditions: a) (i) that such used vehicle is the absolute property of the Purchaser and is free from all encumbrances; or (ii) that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by the Seller, by payment of a sum not exceeding the amount of the allowance, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof; (b) that if the Seller has examined the said used vehicle prior to him confirmation and acceptance of this order, the said used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and tear excepted); (c) that such used vehicle shall be delivered to the Seller on or before delivery of the goods to be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass to the Seller absolutely; (d) that without prejudice to (c) above such used vehicle shall be delivered to the Seller within 14 days of notification to the Purchaser that the goods to be supplied by the Seller have been completed for delivery. (e) that if the good to be delivered by the Seller through no default on the part of the Seller shall not be delivered to the Purchaser within 30 days after the date of this order or the estimated delivery date where that is later, the allowance on the said used vehicle shall be subject to reduction by an amount not exceeding two and a half percent for each completed period of 30 days from the date of the expiry of the first mentioned 30 days the date of delivery to the Purchaser of the goods in the event of the non-fulfilment of the forgoing conditions, other than (e) the Seller shall be discharged from any obligation to accept said used vehicle or to make any allowance in respect thereof. and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller.
9. Any notice given hereunder must be in writing and sent by first class post to the party to whom it is to be given at the address for that party set out overleaf. Such notice shall be deemed to have been received on the day after posting.
10. Notwithstanding the provisions of this agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the goods have been completed for delivery to arrange for a finance company to purchase the goods from the Seller at the price payable hereunder. Upon the purchase of the goods by such finance company, the preceding clauses of this agreement except clause 3 (b) shall cease to have effect, but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance upon the condition set forth in clause 8 above (save that in (c), (d) and (e) there of all references to 'delivery' or 'delivered' in relation to "the goods" shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.
11. The Seller reserves the right to exercise final management approval over all orders submitted by its sales personnel.
12. Allams will store this information about you now and in the future for marketing purposes including telemarketing, market research and tracking of sales data. Allams may also disclose this information within its group of companies and Allams for the above purposes. If you prefer this not to happen tick here
AFTERSALES TERMS AND CONDITIONS OF BUSINESS
PARTS CONDITIONS OF SALE
Goods specially ordered cannot be returned for credit. The Company reserves the right to make a handling charge on goods returned against orders correctly executed. All returns must be made within 7 days of Invoice date. Shortages and breakages must be advised within 1 day of Invoice date. If you have any query please quote this Invoice number. Account Invoices are due for payment on nett/monthly basis.
RETENTION TO TITLE
In respect of this order, property of the goods shall not pass to the Customer until effective cleared payment of the purchase price has been made in full and the Customer must on request permit the Company or it’s agents to enter the Customer’s premises to repossess the goods.
SERVICE CONDITIONS OF SAL
1. The Company agrees to rectify free of charge any fault arising from faulty workmanship for either a period of 12 months, or for 10,000 miles, whichever occurs earlier, providing that the fault is brought to the attention of the Company within one week of it’s occurrence. It is essential that the vehicle is not continually used after the fault has become apparent as further damage may be caused for which the Company would not be responsible.
2. Any articles left in the vehicle are left at the Customer’s own risk.
3. The Customer is liable for any default in payment by the Customer’s insurers for repairs carried out on the instructions of those insurers.
4. All warranty work is accepted on the understanding that the Customer accepts liability for all or part of any repairs carried out for which the vehicle manufacturer disclaims responsibility.
5. With the exception of Customers who have been granted credit facilities the Customer is required to pay by accepted methods in full settlement of the Service Invoice at the time of collection of the vehicle. Failure to pay shall give the Company the right to retain the vehicle until such time as the account has been settled in full.
6. Any estimate submitted by the Company shall be provisional. The Company shall seek the authority of the Customer for any substantial divergence from any estimate which he may give.
7. The Company has the right:-
A) To carry out such extra work, being incidental to the work described on the Invoice, as may seem to him to be reasonably necessary, and
B) To sub-contract work to competent repairers, and
C) To retain the vehicle under lien for his charges and
D) To sell the vehicle by public auction if the Customer shall fail to collect it within 90 days of being notified that the repairs have been carried out. Upon such a sale the Company shall pay the balance of the proceeds of sale after deducting his charges, to the Customer.
8. All parts are subject to Manufacturer’s Conditions of Sale and guarantee.
9. The Customer will pay reasonable storage charges for the period seven days after the repairs have been carried out until collection.
10. That for the purpose of clauses 6 and 7 (D) notification shall be deemed to have taken place if a written notice is posted to the Customer’s address.
11. Complete details of the Company’s terms and conditions of sale are displayed in reception.
12. These conditions do not affect the statutory rights of a Customer.
13. By raising a booking for your vehicle on our system you allow us to use your customer & vehicle data for marketing purposes. Please Note: We will not sell your data or pass on to any third parties without your permission.
Customer Please Note:
We do not accept any liability for any vehicles left unattended outside our secure parking area, either before or after our working hours.