01904 622 277
95 Holgate Road, York, Yorkshire, YO24 4AZ

Terms & Conditions of Service

Terms & Conditions of Service

Autopoint York is committed to engaging with its customers in a fair manner and complying with all relevant legislation and common law. All of our vehicles are checked against the police national computer, DVLA records, HPI databse and the MIAFTR database for any record of theft, total loss accident, outstanding finance, scrappage or export.

Car sales are conducted in accordance with our following terms of service;

1. This contract shall represent the entire agreement unless otherwise expressely stated between
the seller and the purchaser.
2. Any services or product provided by any party or legal entity other than Autopoint York when purchased
as part of a contract to purchase a used vehicle shall create contract only between the seller and the named party and shall be governed by a seperate agreement. This contract will not impose any obligations or confer any rights between Autopoint York and the purchaser of the vehicle in accordance with the Contracts (Rights of Third Parties) Act 1999 or common law
unless;
(a) expressely provided for by law in order to give effect to any contract between the purchaser and any third party
(b) agreed by both parties that any right or obligation should be created
Nothing in this section shall affect any contract between Autopoint York and any party other than the vehicle purchaser
3. Any vehicle sold to a purchaser entering into this contract other than as a consumer shall be taken not to comply with sections 9 to 15 inclusive of the Consumer Rights Act 2015 unless expressely stated that the vehicle does comply. Any vehicle sold shall be taken to be roadworthy within the meaning of Section 78 of the Road Traffic Act 1988 unless expressely stated in writing by the seller that the vehicle does not or may not comply with the provisions of this section. Any vehicle sold on the basis that it is not roadworthy shall not be used on any public road by any person until such time that it is made roadworthy.
4. Orders for Goods, and offers of part exchange allowances for any used motor vehicle ,
must be confirmed in writing by the Seller and accepted by the Purchaser, subject in either
case to these Conditions, which shall govern the Contract. No variation to these
Conditions shall be binding unless agreed in writing by the Seller.
5. Save for serious breach by the Seller, no order which has been accepted may be cancelled
by the Purchaser except with the written consent of the Seller and subject to the Purchaser
indemnifying the Seller in full against all loss (including the cost of any labour and
materials), damages, charges and expenses incurred by the Seller. Except in accordance with section
6 failure by the seller to either complete work or make the vehicle available or deliver the vehicle by any agreed time or
date shall not be considered a serious breach.
6. Any estimated date for delivery or date of completion of any work to be carried out on any vehicle or
date at which any vehicle will be made available to the purchaser shall not incorportate as a term into this contract
unless expressely stated in writing by the buyer and the seller that it should incorporate as a term
7. Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the
Goods.
8. Notwithstanding the provisions of Clause 6 the property in the Goods shall not pass to the
Purchaser until the Seller has received full payment for the Goods together with Delivery
of the used vehicle (if any) offered by the Purchaser in part exchange.
9. Until such time as payment in full has been made by the Purchaser, the Seller shall be
entitled at any time to require the Purchaser to deliver up the Goods.
10. In the event of the Seller accepting delivery from the Purchaser of a used motor vehicle as
part allowance of the price of the Goods, such allowance is given and received, and such
used vehicle is hereby agreed to be delivered and accepted upon the following conditions:
a. that such vehicle is the absolute property of the Purchaser free from all
encumbrances; or
ii that such vehicle is the subject of a hire purchase or other encumbrance or
encumbrances capable of discharge by the Seller, in which case the allowance shall
be reduced by the amount required to be paid by the Seller in discharge of the
encumbrance or encumbrances.
b. Fair wear and tear excepted, the Purchaser shall deliver the said used vehicle to the
Seller in the same condition as at the Seller’s examination of it or acceptance of it
prior to confirmation and acceptance of this order, and
c. Such used vehicle shall be delivered to the Seller within 14 days of written
notification to the Purchaser that the Goods are ready for delivery and upon delivery
property and risk in the said used vehicle shall pass to the Seller.
d. If through no default on behalf of the Seller the Goods shall not be delivered to the
Purchaser within either 30 days from the date of Order of the estimated delivery
date whichever is the later date, the allowance granted by the Seller on the said used
vehicle shall be reduced by an amount of 2.5% for each complete period of 30 days
Failure by the Purchaser to comply with the foregoing Conditions (other than 10(d)
entitles the Seller to be discharged from its obligation to accept the said used vehicle or
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.
11. Notwithstanding the provisions of this Agreement the Purchaser may before the expiry
of 7 days following receipt by him of notification that the Goods are ready for delivery,
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 shall cease to have effect but any used vehicle for
which an allowance was there under agreed to be made to the Purchaser pursuant and
subject to Clauses 10 shall be bought by the Seller at a price equal to such allowance
and the Seller shall account to the finance company on behalf of the Purchaser for the
said price and any deposit paid by him under the Agreement .
12. If the Goods to be supplied by the Seller are new the following provisions shall have
effect;
a. The Seller undertakes that it will ensure that the pre-delivery work specified by
the Manufacturer or Concessionaire is performed and that it will use its best
endeavours to obtain from the Manufacturer or Concessionaire the benefit of any
warranty or guarantee given by it to the Seller or Purchaser;
b. Notwithstanding the sum of Car Tax and Value Added Tax specified in the order ,
the sum payable by the Purchaser is respect thereof shall be such sum as the
Seller has legally to pay at the time the taxable supply occurs;
13 If the goods are returned under the Consumer Rights Act 2015 or any other reason
whatsoever including but not limited to cancellation.:
i Any refunds due will be made not less than 14 days after the vehicle is returned
with all keys and documents.
ii The customer will be responsible for the cost of returning goods to the supplying
dealership.

 

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