IN BUYING A CAR OR GOODS FROM EXPORT 56 LIMITED YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
This agreement applies as between you, the purchaser of the goods and Export 56 Ltd, the owner(s) of the goods at the time of sale. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first agreement to purchase the goods. If you do not agree to be bound by these terms and conditions, you should not agree to the purchase.
ALL VEHICLES ARE SOLD AS SEEN AND WITHOUT WARRANTY UNLESS OTHERWISE STATED.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Purchaser: any person who agrees to purchase goods directly or indirectly through third parties from Export 56 Ltd
Deposit: A proportion of money relating to the full purchase price of the vehicle. This would be 10% of the full-agreed purchase price unless agreed in writing prior.
Original: Goods that have parts fitted to the car at the time of manufacture.
Repairs: The use of materials or labour to get a vehicle to a better standard than it previously was.
Restoration: The taking of a vehicle in a poor state of repair, to make that said vehicle of a better standard of repair than it previously was at any given time in that vehicles history.
Storage: The storing of a vehicle by Export 56 Ltd on a paid for basis, 7 days after the deposit & agreement to purchase is made.
Written Agreement: an agreement between the purchaser & Export 56 Ltd. made in a letterform or email. A text message will not be acceptable as a written agreement.
Warranty: Any guarantee relating to goods for a specific time.
Guarantee: Any confirmation of authenticity of goods.
2.1 An amount of money equal to 10% proportion of the full purchase price agreed by the purchaser & Export 56 Ltd.
2.2 All deposits are non-refundable. All cars & goods are deemed to be inspected by the purchaser otherwise or not at the time a deposit is given. The purchaser cannot request a deposit back after inspection, if inspected at a date after a deposit is given for whatever reason.
2.3 On agreeing to give a deposit the purchaser is agreeing to purchase the goods or vehicle at the full-agreed price within 7 days, unless agreed prior in writing.
2.4 If a vehicle or goods are not paid in full or collected in 7 days the deposit will be lost. Unless a different time frame has been requested & agreed prior to this in writing.
2.5 If a deposit equal to less than 10% is given at the time of the agreed purchase, the remainder of the deposit will be made payable even if the sale doe’s not proceed, unless pre-agreed in writing.
- Collection of Goods
3.1 On agreeing to purchase goods you will be allowed 7 full days from the time the deposit is taken to collect the vehicle or goods. Unless agreed in writing prior.
3.2 It will be deemed that you have collected goods for deposit & storage purposes if you have arranged for Export 56 Ltd. to deliver your vehicle & paid a specific amount in full for the delivery, wether or not delivery has taken place.
3.3 Collection can be made at any time during our published opening hours. Outside of the published hours may be allowed by prior written agreement.
4.1 Storage charges will be £25+VAT per day unless otherwise agreed in writing.
4.2 Export 56 Ltd. accept no liability for the protection or damage of goods while in our storage facility. This includes, accidental damage, theft, fire & flood. It is the purchaser’s responsibility to insure the goods or vehicle for all risks from the point of deposit being given & the purchase agreed.
5.1 Export 56 Ltd. makes no warranty or representation that the goods will meet your requirements, or that it will be of satisfactory or original quality, or that it will be fit for a particular purpose.
5.2 Export 56 Ltd. cannot guarantee due to a vehicles age that all parts fitted to a vehicle or goods are original spec, standard or quality.
5.3 Export 56 Ltd. cannot guarantee any repairs undertaken by third party prior to their ownership or otherwise on sale cars due to their age.
5.4 Export 56 Ltd. sell cars due to their age as collector’s items & show cars. The cars are not intended for road use & no warranty or guarantees for road use or any other use are given or implied.
- Limitation of Liability
6.1 To the maximum extent permitted by law, Export 56 Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of any vehicle purchased from them.
6.2 Nothing in these terms and conditions excludes or restricts Export 56’s liability for death or personal injury resulting from any negligence or fraud on the part of Export 56 Ltd.
6.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Export 56 Ltd shall be governed by and construed in accordance with the Law of England and Wales and Export 56 Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.