JOHN CLARK MOTOR GROUP
GENERAL SALES TERMS AND CONDITIONS (B2B AND B2C)
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods and services to you (“the Terms”). These may be goods (such as a new or used vehicle) or services (such as Accident Body Repair, Alloy Wheel Refurbishment, Alloy Wheel Alignment, Smart Repairs, Air Conditioning Service, Adaptive Driving Calibration, and Accident Support).
1.2 Why you should read them. For your own benefit and protection, please read these Terms carefully before you place your order with us for any goods and/ or services (“your Order”). These tell you who we are, how we will provide your Order to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 These terms apply to everything that we sell. Certain clauses are only relevant to the purchase of certain goods or in certain circumstances (such as when purchasing a new vehicle, repairs, servicing, part-exchanging a used vehicle to pay part of the purchase price, or ordering goods online). Where a term is specific to a particular circumstance, this is made clear in that term. Otherwise, all of the terms below will apply to any Order by you. The details of your Order will be specified in an Order Form signed by you (or on your behalf with your authorisation) (“Order Form”) and these Terms will form part of the contract between you and us for your Order specified in the relevant Order Form.
1.4 Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
a. You are an individual.
b. You are buying goods or services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are not a consumer, you are a business customer. Provisions specific to consumers only are highlighted as such and those specific to businesses only are also highlighted as such.
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your Order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. The parent company of our group is John Clark (Holdings) Limited a company registered and established in Scotland. Our company registration number is SC098411 and we have our registered office at Alliance Centre Greenwell Road, East Tullos Industrial Estate, Aberdeen, AB12 3AX. Our registered VAT number is 671087234.
2.2 In addition to our ultimate parent company as per 2.1 above, the Group trades under the following wholly owned subsidiaries, all with its registered office at Alliance Centre Greenwell Road, East Tullos Industrial Estate, Aberdeen, AB12 3A: John Clark (Aberdeen) Limited, Specialist Cars (Aberdeen) Limited, Pentland Motor Company Limited, Clark Commercials (Aberdeen) Limited, Morrisons (Land Rover) Limited, Motorchoice (Scotland) Limited. The dealership that you are contracting with will be specified on the Order Form (“the Dealership”).
2.3 How to contact us. Initial contact should be made with the Dealership. If the issue is not resolved you can contact our head office by writing to us at CRM@john-clark.co.uk or Alliance Centre Greenwell Road, East Tullos Industrial Estate, Aberdeen, AB12 3AX.
2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order Form or have otherwise notified to us as your preferred means of communication.
2.5 "Writing" includes emails but not fax. When we use the words "writing" or "written" in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 Any quotation or estimate given by us before you make an order for goods or services is not a binding offer by us to supply such goods or services.
3.3 When you decide to place an Order for us, this is when you offer to buy such specified goods or services from us.
3.4 How we will accept your order. Our acceptance of your Order will depend on how you place your Order:
a. If you place an Order in person by attending one of our showrooms, our acceptance of your Order will take place once you have signed our Order Form and confirmed that you have read, understood and agree to these Terms. A copy of these Terms will be available on your account within Istore Docs.
b. If you place your Order online, our acceptance of your Order will take place when we email you to accept it. As part of this process you will be required to confirm you have read, understood and agree to these Terms before we accept your Order.
When your Order has been accepted a legally binding contract will come into existence between you and us.
3.5 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for your Order. This might be because the goods are out of stock or service is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because credit facilities are unavailable for you, because we have identified an error in the price or description of the Order or because we are unable to meet a delivery deadline you have specified.
3.6 We only sell to the UK. Our website is solely for the promotion of our goods and services in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4 PRICE AND PAYMENT
4.1 Where to find the price for our goods and services. The price of our goods and services (which includes VAT) will be the price indicated to you by our sales staff or, if you placed the Order online, on the order pages when you placed your Order. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 4.3 for what happens if we discover an error in the price of your Order or if, in relation to vehicles, the manufacturer or importer changes their recommended price of the vehicle you ordered or if prices are required to increase due to any changes in UK legislation prior to us delivering it to you. You remain liable to pay an additional sum attributable to the ongoing maintenance of any goods purchased as part of your Order including car tax.
4.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Order, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and services in full before the change in the rate of VAT takes effect.
4.3 What happens if we got the price wrong or it changes due to circumstances beyond our control? It is always possible that, despite our best efforts, some of the goods and services we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the goods and services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If your Order’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. Likewise, if our manufacturers, the importer or other supplier of our goods/services changes the recommended price of your Order or part of your Order after we have accepted your Order but before delivery or if we are required to increase our price due to UK law, we will notify you of any revision we propose to make to the price of your Order and seek your instructions. If we propose an increase in the price, or a decrease which is less than the decrease in recommended price and you are not happy, you may cancel the contract and we will refund you any sums you have paid.
4.4 When you must pay and how you must pay. We accept various methods of payment including Visa, Mastercard, Apple Pay, Google Pay, Electronic Bank Transfer, by cheque or bankers draft, or, if you are purchasing a vehicle, by using a Finance Agreement (see clause 17). When you must pay depends on your Order:
a. For goods, you must pay before we deliver them to you.
b. For services, We will invoice you for the price of the services when we have completed them. You must pay the full invoice before we will release the goods or vehicles, unless credit terms have been agreed in advance of the work being performed.
4.5 BUSINESS TERM - Right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
4.7 BUSINESS TERM - If you are a business customer, we may choose to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and any associated regulations instead. You must pay us interest together with any overdue amount.
4.8 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
5 DELIVERY
5.1 “Delivery” in respect of a vehicle means when the vehicle is made available for collection and we have informed you that they are available for collection or, if we are delivering the vehicle to you, when it is delivered.
5.2 Delivery costs. The costs of delivery (if any) will be as stated on our Order Form or as displayed to you on our website during the online ordering process.
5.3 When we will provide your Order. During the order process, we will let you know when we will provide your Order taking into account your preferred delivery date (the “estimated delivery date”). We will use our reasonable endeavours to secure delivery of your Order by the estimated delivery date but we cannot guarantee delivery by that date. Time is not of the essence. However, if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of your Order you have paid for but not received.
5.4 If your Order is for one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
5.5 We are not responsible for delays outside our control. If our supply of your Order is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. As long as we do this, we will not compensate you for the delay. However, if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any of your Order that you have paid for but not received albeit we may withhold a limited amount for any costs we have incurred in performing your contract to date where your Order relates to bespoke goods and/or services.
5.6 If you fail to collect your Order. We will inform you when any goods e.g. vehicles, associated with your Order are ready for delivery and you must pay the price (less deposit and/or Part Exchange Allowance) and take delivery within 14 days of being so informed. If you do not collect the goods from us as arranged (e.g. a purchased vehicle or a vehicle that is being serviced by us at one ofr our dealerships), we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection or you fail to pick up the goods within fourteen (14) days of delivery, we may end the contract and clause 8.2 will apply.
5.7 If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification of your vehicle, we will contact you and offer at your option either to substitute a reasonable equivalent or to delete the accessory from this contract and adjust the price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory, and shall not be entitled to cancel the Order.
5.8 Ending the contract for substantial delay in delivery. If you do choose to treat the contract as at an end for substantial delay in delivery under clause 5.3 or clause 5.5, you can cancel your Order for the vehicle. If the contract is terminated in accordance with clause 5.3 or clause 5.5, any deposit paid will be returned to you subject to the provisions of clause 5.5 in terms of retaining sums for bespoke goods and we will be under no further liability. If you do not wish to terminate the contract under clause 5.3 or 5.5, we shall provide you with an updated estimated delivery date and the rights set out in clause 5.3 and 5.5 shall apply to that estimated delivery date.
5.9 When you become responsible for the goods. Goods will be your responsibility from the time you collect the goods from us or we deliver the goods to you.
5.10 When you own goods. You own the goods once we have received payment in full unless you have purchased the vehicle using a Finance Agreement, in which case the Finance Company will be the legal owner of the goods when we receive payment in full from the Finance Company.
5.11 Goods can vary slightly from their Pictures. A products true colour or feature may be slightly different from our website or on our marketing materials.
6 YOUR RIGHTS TO END THE CONTRACT
6.1 Your rights to end the contract will depend on what you have bought, whether you placed the order online or in person, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
a. If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the vehicle repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10 if you are a consumer and clause 11 if you are a business;
b. CONSUMER TERM - If you have just changed your mind about your Order and you purchased the goods online, see clause 6.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
c. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.3.
6.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). This clause only applies if you are a consumer and placed an order online, email or via telephone.
a. When you don't have the right to change your mind. You do not have a right to change your mind in respect of services once they have been completed or goods made to your bespoke specification or which are clearly personalised.
b. How long do I have to change my mind?
Have you bought goods (for example a vehicle)? if so you have 14 days after the day you (or someone you nominate) receive the goods.
6.3 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any part of your Order which has not been provided and you may also be entitled to compensation. The reasons are:
a. we have told you about an upcoming material change to your Order prior to delivery or these terms which you do not agree to;
b. we have told you about an error in the price or description of your Order and you do not wish to proceed;
c. there is a risk that supply of your Order may be significantly delayed because of events outside our control (also see clause 5.3 and 5.5);
d. we have suspended supply of goods forming part of your Order for technical reasons, or we notify you we are going to suspend it for technical reasons, in each case for a period of more than 12 months;
e. you have a legal right to end the contract because of something we have done wrong.
7 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a. Phone or email. You must contact the Dealership that has provided the goods or services.
b. Online. Complete the form on our website and email it to the relevant Dealership.
7.2 Returning goods (such as vehicles) after ending the contract. If you end the contract for any reason after a vehicle has been delivered to you, you must return the vehicles to us. You must either return the vehicle in person to the relevant Dealership or allow us to collect it from you. Please contact the dealership that has provided the goods or services in this instance. Returns are at your own cost including if you request we collect it from you.
7.3 CONSUMER TERM - If you are exercising your right to change your mind you must return the vehicle within 14 days of telling us you wish to end the contract. You must return it to the relevant Dealership.
7.4 When we will pay the costs of return. We will pay the costs of return if the goods are faulty or mis-described. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.5 What we will refund you. Subject to clause 7.9:
a. If we cancel the contract pursuant to clauses 4.3 or 5.6 or if you cancel the contract pursuant to clause, 4.3, 5.5, 6 or 19.1 we will refund money you have paid to us for your Order rand we shall have no further liability to you;
b. If we cancel the contract pursuant to clauses 5.3 or 8.1, we will refund any sums paid by you but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of ordering bespoke or personalised goods or your breaking the contract.
7.6 How we will refund you. We will refund you the price you paid for your Order or part of your Order (as appropriate) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.7 If you paid by card or bank transfer we will refund sums due to you by the same method.
7.8 If you paid by finance agreement through us, the agreement will be cancelled and all funds returned to source.
7.9 If you paid part of the price of the vehicle by part-exchanging a used vehicle (see clause 16) (including as a deposit for a Finance Agreement), we may not be able to return that vehicle to you. If we cannot return the part-exchange vehicle to you, we will include in our refund to you an amount equal to the price we paid to you for the part-exchange vehicle.
7.10 CONSUMER TERM - Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by the general use or handling of them in an inappropriate way. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b. Where you have ordered a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.11 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
a. If your order is for goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you.
b. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8 OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract. We may end the contract at any time by writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
b. you do not, within a reasonable time, allow us to deliver your Order to you or collect them from us within a reasonable period (see clause 5.6);
c. you do not fulfil your obligations for example, the part exchange vehicle is not as described or you otherwise breach the terms of clause 16 (part-exchange);
d. before delivery, the Manufacturer ceases to make the model or specification of your Order, or if we are unable to obtain them acting reasonably from the importer or other supplier.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for your Order that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract under clause 8.1.
9 IF THERE IS A PROBLEM WITH YOUR ORDER
How to tell us about problems. If you have any questions or complaints about your Order, please contact us at the relevant Dealership.
10 CONSUMER TERM - YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS OR SERVICES IF YOU ARE A CONSUMER
If you are a consumer, we are under a legal duty to supply goods and services that are in conformity with this contract. They must be as described, fit for purpose and of satisfactory quality. Vehicles are supplied as roadworthy at the time of delivery... Please contact the Dealership if you think your Order e.g. vehicle is defective. Nothing in these terms will affect your legal rights.
11 BUSINESS TERM - YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS OR SERVICES IF YOU ARE A BUSINESS
11.1 If you are a business customer we warrant that on delivery, and for the period covered by the relevant manufacturer’s warranty (which will you be informed of prior to conclusion of contract) in accordance with clause 15, any goods (including a vehicle) will:
a. be roadworthy;
b. conform in all material respects with their description and any relevant specification;
c. be free from material defects in design, material and workmanship;
d. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
e. be fit for any purpose held out by us.
11.2 Subject to clause 11.3, if:
a. you give us notice in writing during the warranty period within a reasonable time of discovery that a our goods do not comply with the warranty set out in clause 11.1;
b. we are given a reasonable opportunity of examining such good; and
c. you return such good to us at our cost,
we shall, at our option, repair or replace the defective good, or refund the price of the defective good in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement goods supplied by us.
11.3 We will not be liable for a good’s failure to comply with the warranty in clause 11.1 if:
a. you make any further use of such good after giving a notice in accordance with clause 11.2.a;
b. the defect arises because you failed to follow our oral or written instructions as to the maintenance of the good or (if there are none) good trade practice;
c. you alter or repair the good without our written consent; or
d. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.4 Except as provided in this clause 11, we shall have no liability to you in respect of a good's failure to comply with the warranty set out in clause 11.1.
11.5 These terms shall apply to any repaired or replacement goods supplied by us under clause 11.2.
11.6 Any accessories fitted or supplied by us will be entitled to the benefit of any warranty given by the manufacturers of those accessories.
12 CONSUMER TERM - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or avoidable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products/goods, being; of satisfactory quality,; fit for any particular purpose made known to us,; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products/goods under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. If you are a consumer, we only supply the products/goods for to you for domestic and private use. If you use the products/goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13 BUSINESS TERM - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these terms shall limit or exclude our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d. defective products/goods under the Consumer Protection Act 1987; or
e. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 11.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
a. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the purchase price of the Order.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy
15 NEW VEHICLES
This clause 15 only applies to the purchase of new vehicles. The benefit of any Manufacturer’s warranty over the vehicle will be passed on to you and you will be informed of this prior to conclusion of the contract. However, in order to benefit from this warranty you must comply with the Manufacturer’s requirements relating to your vehicle e.g. requirements relating to aftersales or service information. These requirements will be placed in your new vehicle on delivery.
16 PART EXCHANGE
16.1 This clause 16 only applies if we agree to allow you to settle part of the price of the vehicle to be purchased by you delivering a used motor vehicle to us (Part-Exchange Allowance).
16.2 The Part-Exchange Allowance is subject to you confirming and acknowledging that:
a. you having good title to such used vehicle and it is free from any third party charge or interest; or
b. If the used vehicle is the subject of a credit sale agreement or other third party charge or interest capable of being settled by us, the Part-Exchange Allowance will be reduced by the amount we pay to settle the agreement, third-party charge or interest;
c. If we have examined the used vehicle prior to our confirmation and acceptance of your order, the used vehicle must be delivered to us in the same condition as at the date of such examination (subject to reasonable fair wear and tear). Otherwise the used vehicle must be delivered to us in the same condition as described by you to us at the point we accepted your Order Form (subject to reasonable fair wear and tear) including ensuring the particulars are correct and without an unreasonable increase in mileage;
d. You have declared all interests to which the used motor vehicle is subject and whether (if known) the used motor vehicle was new when supplied via the manufacturers official distributor for Great Britain;
e. Such used vehicle shall be delivered to us on the same day that the vehicle to be supplied by us is collected by you or delivered to you;
f. Such vehicle was not used or purchased abroad before being registered in the UK;
g. Such vehicle has not been used at any time for self-drive hire, as a taxi or as a motor racing vehicle;
h. Such vehicle has not been involved in an accident which resulted in it being written off by an insurance company;
i. All other information you have supplied to use concerning the used vehicle including without limitation, its mileage, is true, accurate and not misleading and that no information has been omitted or withheld which would be relevant for the purposes of assessing its value.
16.3 Title and risk to the used motor vehicle shall vest absolutely in us when you take delivery of our vehicle supplied to you as part of your Order.
16.4 In the event that any of the conditions set out in clause 16.2 prove to be untrue at the date of Delivery of the vehicle supplied to you as part of your Order, we shall be entitled to revise the Part Exchange Allowance to take account of such breach and where there is a reduction in the Part Exchange Allowance you shall be liable to pay the different between the original and reduced Allowances to ensure the total price of the Order is paid in full.
16.5 The Part Exchange Allowance provided to you at the date we accept your Order Form shall remain valid for 30 days, subject to Clause 16.2. Following the expiry of 30 days from the date of the Order Form acceptance and provided we have not yet delivered our vehicle forming part of your Order, we reserve the right to revise the Part Exchange Allowance to reflect the value of the used vehicle at the date of the delivery of the vehicle forming part of your Order . We shall inform you of the new Part Exchange Allowance and where:
a. You are using finance arranged through us to fund your Order, we guarantee your monthly payments advised to you at the date of our acceptance of your Order Form shall remain the same;
b. You are not using finance arranged through us to fund the purchase of your Order you shall be liable to pay the difference between the original and reduced Part Exchange Allowance to ensure the total price of the Order are paid in full.
17 FINANCE
17.1 This clause 17 only applies if you are paying all or part of the purchase price of a vehicle using a Finance Agreement. The methods of finance available are: Hire Purchase (HP), Personal Contract Purchase (PCP), Personal Contract Hire (PCH), Business Contract Hire (BCH). All of John Clark Motor Group businesses, under John Clark (Aberdeen) Limited are authorised and regulated by the Financial Conduct Authority (FCA) for consumer credit and insurance mediation activities under reference number 311384. John Clark (Aberdeen) Ltd is authorised by the FCA as a credit broker and not a lender.
17.2 You may apply for finance from one of our preferred funding partners (“Finance Company”).
17.3 Please refer to the terms and conditions that will be provided to you by the Finance Company for further details of the terms applicable to your Finance Agreement.
17.4 By applying for finance via our website or in our showroom we are introducing you to the Finance Company. All applications for finance are subject to approval by the Finance Company. If you delay signing the Finance Agreement it may delay delivery of the goods.
17.5 If your vehicle purchase is funded using a Finance Agreement, we are selling the vehicle to the Finance Company. The Finance Company allows you to use the vehicle and will transfer ownership to you in accordance with the Finance Agreement.
17.6 We are not responsible for any changes to any finance rates or terms in relation to a Finance Agreement. All annual percentage rates (APR) are indicative and the Finance Company may offer you a different APR in relation to your Finance Agreement.
17.7 CONSUMER TERM - You may have a right to withdraw from the Finance Agreement without giving any reason. The Finance Agreement contains information on your right to withdraw from the Finance Agreement.
17.8 CONSUMER TERM - If you exercise your right of withdrawal from the Finance Agreement, that will relate only to the Finance Agreement. Any payments due to the Finance Company will need to be paid in accordance with the terms of the Finance Agreement. You will own the vehicle when you have paid the Finance Company all payments due to it. Further details of your right of withdrawal from a Finance Agreement can be obtained from the Finance Company.
17.9 We work hard to ensure that the finance and insurance services we offer are fair and that our communication to our customers is clear. However if you are unhappy with either service please contact: Sharon McGuinness, Group Head of Compliance, John Clark ( Holdings ) Limited, Alliance Centre, Greenwell Road, Aberdeen, AB12 3AX. Telephone : ( 01224 ) 407407. If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service. We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Further information about compensation scheme arrangements is available from the FSCS.
18 AFTERSALES
18.1 This clause 18 applies only to the purchase of goods (such as parts) and/or services relating to the repair of a vehicle, servicing or other work done to a vehicle by us.
18.2 If we are doing any work on a vehicle, you warrant that you own the vehicle or are duly authorised by the owner of the vehicle to enter into this agreement for the work to be done.
18.3 We will retain all parts replaced except for any to be returned under warranty or service exchange arrangements until the vehicle is collected and will be free to dispose of them as we see fit if you do not specifically ask for them when collecting the vehicle.
18.4 You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the goods.
18.5 You should remove any items of value not related to the vehicle. We exclude any liability for loss or damage to any items of value not related to the vehicle which is not caused by our own negligence.
18.6 Estimates: We will provide you with an estimate of the total price. Our estimate is an approximation of the likely cost of the goods and/or service and is valid for 14 days from when we send it to you.
18.7 Our estimate is based on the published price for the goods (such as parts) involved at the time of the estimate. If the manufacturer or other supplier of the goods changes the published price after the date of the estimate, we will notify you of any consequent increase in our estimate.
18.8 If the increase is less than 10% of the total estimate, you will not be notified of the increase.
18.9 If the increase is more than 10% of the total estimate, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
18.10 If you have left the vehicle with us for an estimate but have not accepted the estimate, or have refused it and in both scenarios have failed to collect the vehicle within 14 days of us providing you with our estimate, we may charge you for the storage of the vehicle from the end of that 14 day period up to and until (and inclusive of) the day that you collect your vehicle. Our storage costs will be those that are published by us at the relevant time.
18.11 All estimates are exclusive of any applicable Value Added Tax.
18.12 Warranty: We warrant that our work in relation to services and repairs will remain free of defects in workmanship for a period of 12 months from the date the work is completed. We warrant that parts are covered for one year and batteries are covered under warranty for three years.
18.13 This warranty will not apply if the vehicle is involved in an accident or if a defect is caused or worsened by your:
a. failing to inform us promptly of the defect and allowing us promptly to examine the vehicle and endeavour to remedy the defect
b. misusing or neglecting the vehicle or using or permitting it to be used for racing, rallying or similar sports
c. failing to comply with instructions from the manufacturer or from us concerning the treatment, maintenance and care of the vehicle and/or goods or to have it/them serviced in accordance with the manufacturer’s instructions
d. fitting the vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer or
e. altering the vehicle and/or goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.
18.14 We sell the goods with the benefit of the relevant manufacturer’s warranty. The manufacturer’s warranty is additional to your statutory rights, and is not affected by any change of ownership of the goods. Remedial work under the manufacturer’s warranty may be carried out by any dealer authorised by the manufacturer, who may repair or replace any defective goods or, if it considers repair or replacement uneconomic, refund an appropriate part of the price you paid for them. Further details are available on the relevant manufacturer’s website.
18.15 If the work includes painting, if the metal to be painted is rusted we will take all reasonable precautions to prevent rust penetrating the paint after completion of the work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
18.16 For parts fitted in a warranty repair, the warranty period for that part ends at the expiry of the warranty period of the vehicle.
18.17 Completion and payment: We may sub-contract all or any part of the work, but will be responsible for the quality of the sub-contractors’ work.
18.18 If for any reason we do not carry out the work in full, we will charge you only for Goods actually supplied or fitted and a reasonable amount for any work actually done.
18.19 We will notify you when the work is complete and the vehicle and/or the Goods are ready for collection and you must pay for the work upon collection of the vehicle and/or the Goods. An exception to the foregoing would be where you have a service plan with us that covers the relevant work, in which case payment on collection would not be required and any payment would be in line with terms agreed with you as part of the service plan.
18.20 Subject to clause 18.19, We are entitled to retain the vehicle and/or goods until you have paid for the work and/or goods in full.
19 OTHER IMPORTANT TERMS
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If this happens and if you are a consumer, we’ll ensure that the transfer of our rights and obligations to another organisation won’t affect your rights under the Terms. If you’re a consumer and you’re unhappy with the transfer you can contact the Dealership to end the contract within 14 days of us telling you about it and we will refund any payments you’ve made in advance for your Order that has not been provided.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
19.6 Complaints – if you have a complaint please contact your Dealership. We will do our best to resolve any problems you have with us or our goods and services. If our Dealership cannot resolve your complaint, please contact our head office (details above).
19.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the law of Scotland. If you are a consumer then you can bring legal proceedings in respect of our contract in the Scottish courts. If you live in England and Wales, you can bring legal proceedings in respect of our contract in either the Scottish or the English and Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of our contract in either the Northern Irish or the Scottish courts. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Scottish courts.
19.8 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Motor Ombudsman via their website at www.themotorombudsman.org or on their advice line 0345 241 3008. The Motor Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Their decision will be legally binding on both the John Clark (Holdings) Ltd and any company subsidiaries thereof and you the consumer.
Created.12 August 2022
1. General
John Clark Motor Group/We/Us/Our
John Clark Motor Group, Alliance Centre, Greenwell Road, Aberdeen, AB12 3XS
Customer / Owner / You / Your
An individual using our website and negotiating with us on a vehicle
An individual that owns the vehicle that has been valued on www.john-clark.co.uk/simply-sell-my-vehicle
Vehicle Purchase
A transaction to purchase an appraised vehicle (including VAT) minus admin/transaction fees and any outstanding finance.
VAT Registered Customers
Customers who are VAT registered who are part exchanging a commercial vehicle to Simply Sell My Car must provide a VAT invoice.
Vehicle Appraisal
A physical inspection and valuation of a vehicle completed at a physical location – either on one of our premises or at the customers location of choice. This should cover the internal/external area of the vehicle along with the engine bay/boot. Checks will be completed for warning lights on the dashboard.
Video Conference Appraisal
On occasions we may request a video appraisal of the vehicle, predominantly if an owner of a vehicle is long distance from our premises or if either party would prefer to not meet in person.
Photographic Evidence
On occasions we may request photographic evidence of the vehicle that has been valued.
Voucher Codes
A voucher code may be supplied at our discretion and the voucher amount can be added to your initial online valuation prior to the vehicle being physically inspected. The voucher amount will be added at the point of payment by John Clark Motor Group to the customer.
Only one voucher can be applied to one vehicle. To claim the voucher code value, the customer must state the voucher code to a John Clark Motor Group Simply Sell My Car staff member.
Minimum Value – a voucher code will not be applied to any vehicle below £5000
Eligible Vehicle
Any vehicle that is less than 7 years old and has 70,000 mileage
2. Simply Sell My Car – what is it?
www.john-clark.co.uk/simply-sell-my-car is our online service to allow a customer to get a valuation of their vehicle online, regardless of whether the customer intends to purchase a vehicle from the John Clark Motor Group. With just a few simple steps, the customer will then receive a valuation of the vehicle via email.
The valuation will be based on the information provided by the customer and will be guaranteed for 7 days, subject to a satisfactory appraisal of your vehicle within those 7 days. Once a physical valuation or remote video valuation has been carried out by the John Clark Motor Group will confirm the value of the vehicle and that is what will be paid for the vehicle.
3. Assumptions
The below assumptions will be made when we value a vehicle unless the customer declares otherwise.
• The vehicle has a minimum of 3 months MOT
• The owner must have a comprehensive service history and vehicle manuals
• The vehicle is not an import
• The vehicle has no major mechanical faults
• The vehicle has no major exterior and/or interior damage
• The vehicle has not at any time been subject to an insurance write off or used for private hire, driving tuition or as a police or emergency service vehicle
• The vehicle has no personalised registration plate, or, if the vehicle has a personalised registration plate it will remain with the vehicle and no value is assigned to it
• The vehicle is not a non-runner
• The owner has two sets of keys
• The owner has the locking wheel nut (if applicable)
• The vehicle is in good condition for its age and mileage
4. Valuation
• When a customer completes the online valuation process, they will be requested to provide their email address and the valuation will sent to them via email.
• The valuation will be provided on a “Subject to Contract” basis. We, John Clark Motor Group, reserve the right to withdraw the valuation at any time without any legal consequence or liability to the customer.
• It is essential that the information provided online by the customer is correct as it is the basis on which we provide the price given in the valuation. Any incorrect or misleading information will result in an inaccurate pricing valuation being given which will be considered as void and withdrawn by us.
• When we inspect the vehicle, either in person, via video call or with photographic evidence, if the mileage has increased by 1,000 miles or more since the date of the valuation, a new valuation will be given based on the up-to-date mileage.
• We accept no liability whatsoever for any valuation provided which may include any unintentional mistakes or technical errors. If a mistake has been made you should notify us directly as soon as possible so that the mistake can be corrected, and a revised valuation provided.
• All prices given in the valuation will be in pound sterling only and will be inclusive of VAT
5. Appraisal
Prior to completion of purchase, we will carry out an onsite/video appraisal of the vehicle and its service records to confirm that the vehicle conforms to the Assumptions, listed in section 3, and that the information provided by the customer has been correct and that the vehicle has no mechanical defects.
We may revise the valuation if:
• The vehicle does not conform to the Assumptions; or
• Any information provided by the owner is incorrect; or
• The vehicle is found to have any mechanical defects; or
• The condition of the vehicle has significant impact on the valuation; or
• We become aware of other factors which the owner did not disclose but which affect the valuation of the vehicle; or
• More than seven days have elapsed since we provided the valuation of the vehicle.
6. Purchase contract
Following our onsite inspection or video conference of the vehicle, we will provide you with a verbal offer or email offer to buy the vehicle for the valuation based on these terms and conditions. Our offer will be open for immediate acceptance and performance.
A contract will be made between us on receipt of written acceptance. We are entitled to withdraw our offer at any time prior to acceptance.
When the contract is made the owner will deliver the vehicle to us at one of our John Clark Motor Group premises or we will collect from a pre agreed location specified by the customer. The below items will need to be prepared by the customer:
• The vehicle
• All copies of the vehicle’s keys
• The V5 vehicle registration document
• The vehicle’s service history
• The unexpired MOT certificate
• The vehicle’s vehicle manuals
• Any accessories including but not limited to locking wheel nuts, SD Vehicles etc.
7. Price and payment
Prior to payment of the price we will carry out an HPI & NMR check to ascertain if your vehicle is clear for payment. If the HPI check is clear, we will pay the price by electronic transfer to the bank account of the registered keeper with immediate effect. The funds will then be transferred to your bank on the same day.
If the NMR or Motorcheck highlight any discrepancies your payment may be put on hold to complete further investigations which may lead to the purchase contract being rescinded. (HPI, NMR & are companies who provide us details relating to a vehicle’s history, mileage, total loss etc).
If the vehicle is subject to a finance agreement with a third party we may agree to proceed with the purchase provided that we have received from the third party a written statement confirming the amount that is required to settle the finance agreement (the settlement figure) and from the owner/customers written authority to pay the third party the settlement figure and that the price is sufficient to cover the settlement figure.
We will pay any settlement figure to the third party within ten business days and any balance of the price after allowing for payment of the settlement figure to the bank account of the registered keeper in three business days.
8. Our liability
We are not responsible or liable for any loss except from cases in which our negligence resulted in loss of, or damage to, our physical property. We do not exclude or limit in any way our liability for death or personal injury that we cause. We do not exclude or limit in any way our liability for fraud or fraudulent misrepresentation.
Exchange Vehicle, or to make any allowance in respect thereof, and the customer/owner remains liable to the pay the Total Price, where any devices are fitted to the Part Exchange Vehicle that may store data, such as telephone systems, satellite navigation systems, trackers, or telematics systems, any data stored on such devices shall be removed by the customer/owner prior to us accepting the Part Exchange Vehicle. Similarly, it is the customer/owners responsibility to ensure all personal information, however stored, is removed from the vehicle. If the customer/owner fails to do so We shall not be held liable if Your data is not removed from the Vehicle before it is passed to another party.
9. Ownership and risk
The risk and ownership in your vehicle will transfer from you to us at the point the purchase invoice is signed and the vehicle is left onsite in our possession.
You remain fully responsible for insuring your vehicle until risk and ownership in your vehicle has been transferred to us.
10. Law and jurisdiction
These Terms and Conditions and any Purchase Contract made under these Terms and Conditions shall be governed by the law of Scotland and both we and you agree to the exclusive jurisdiction of the Scottish courts.
