Conditions of Business
The following Conditions apply to all agreements with Frank Dale & Stepsons.
Nothing in these Conditions shall effect the Statutory Rights of the Consumer.
- "FDS" means Frank Dale & Stepsons Ltd of 7 - 10- Chandos Street, London, W1G 9DQ
- Customer means any person entering into an agreement with FDS, whether an individual or incorporated.
- Agreement means any agreement entered into between the Customer and FDS.
- "Goods" means any goods forming the subject of an agreement with a customer, including Motor Vehicles
- "Services" means any services provided by FDS.
- "Price" means the price as detailed in any Sales Invoice issued by FDS.
- "Motor Vehicle" includes any item included or proposed to be included in the sale of Motor Vehicles.
- PAYMENT FOR GOODS AND SERVICES
- Payment for goods shall be made forthwith (unless otherwise agreed in writing) in cash, cheque, bankers draft or credit transfer in the currency in which the sale was conducted, on the date specified in the Sales Invoice or otherwise agreed by FDS and the Customer.
- Payment for services shall be made not more than 14 days after an invoice is rendered for such service.
- In the event of any breach of any part of these Terms of Business FDS shall be entitled to withhold goods or services pending settlement of any claim by FDS (or any third party instructed by FDS), and shall be entitled to claim a reasonable sum for any expenses incurred as a result thereof including legal fees, storage charges, and maintenance and care of motor vehicles.
- Any Deposit is taken as security for the performance of the Agreement to which it relates, and any failure by the Customer to perform that agreement shall entitle FDS to forfeit it, or sue for specific performance and/or damages at its discretion.
- Title in Goods shall not pass to the Customer until the Purchase Price and any charges under 2.3 above has been paid in full, any part exchange goods have been delivered and FDS is satisfied as to the title, description and quality of the part exchange goods.
- Notwithstanding 3.1 above, risk in the Goods shall remain with the Customer from the date of the Sales Invoice until collection or delivery.
- Time for payment by the Customer, and delivery of any part exchange vehicle, shall be of the essence. If a Customer fails to comply with any time limits under any Agreement, FDS shall be entitled to repudiate it, and the Customer shall compensate FDS in full on demand for all costs and expenses (including legal costs) arising in connection with or resulting from the Customerís failure to comply with the Agreement.
- WARRANTIES BY THE CUSTOMER (PART EXCHANGE GOODS)
The expression "Goods" in this section 4 refers to part exchange goods.
- The Customer warrants to FDS in the terms of sub paragraphs (a) to (e) below that he;
(a) is the owner of the Goods or is properly authorised to sell the Goods by the owner and is able to sell the Good with full title guarantee free from all encumbrances and third party claims, with all taxes paid.
(b) has complied with all the requirements relating to any export or import of the Goods and has notified FDS in writing of any failure to comply with such requirements.
(c) has notified FDS in writing of any material alterations to the Goods which the Customer is aware of, or any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Goods and has provided FDS with all such information in the Customerís possession.
(d) agrees that where appropriate the motor vehicle may lawfully be used on a road and complies with all statutory provisions and that there is in force a test certificate required by law in relation to such use and the Customer has notified FDS in writing if the motor vehicle cannot lawfully be used on a road.
(e) warrants that the information about the Goods given to FDS and the statements made about them are true, and that he has revealed to Fiskenís any information about the Goods which a reasonably prudent buyer would wish to know.
- WARRANTIES BY FDS
- FDS warrants that the Goods comply with their description, and it is entitled to sell the Goods and does so free of all encumbrances, third party claims and tax liabilities, except as otherwise agreed between the Parties.
- Where FDS is acting as Agent for the owner of the Goods it will inform the Customer, and the Customer shall have no claim in relation to the Goods against FDS in any circumstances whatsoever.
- The liability of FDS shall (in relation to the sale of Goods) be limited to the difference between the price paid by the Customer and the value of the Goods in the condition in which the Customer received them. Under no circumstances whatsoever will FDS be liable for any other damages or costs, and specifically indirect costs, including (but without prejudice to the generality of the foregoing) damage to the Goods, costs of recovery, travel, loss of profit, depreciation from whatever cause, accommodation or any other expenses or loss whether arising from its negligence or otherwise, save for personal injury or death.
- Provided the Goods comply with their description, FDS will not be liable for any claim arising out of an allegation that the Goods are not original, authentic, or any other like term unless specific terms were agreed in writing between FDS and the Customer modifying this condition. All goods are sold as seen and inspected if prior viewing has taken place.
- In any other circumstances the liability of FDS shall be limited to the amount of any indemnity limit imposed by its insurers in relation to the incident in respect of which a claim is made by the Customer.
- FDS shall be under no liability for any injury, damage or loss sustained by any person while on FDS premises, except for death or personal injury caused by the negligence of FDS or its employees or agents in the ordinary course of their duties to FDS.
- STATUTORY INFORMATION
- If the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to any Agreement, FDS will provide a Notice setting out the Customer's rights.
- GOVERNING LAW
- All transactions to which these conditions apply shall be governed by English law and FDS and the Customer hereby submit to the exclusive jurisdiction of the English courts.
If The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies to this contract for the supply of goods (ie this Contract was signed by a consumer other than at our place of business) you have the right to cancel this contract within 14 days without giving any reason.
To exercise the right to cancel, you must inform us at Frank Dale & Stepsons Ltd of 125 Harlequin Avenue, Great West Road, London TW8 9EW (Telephone +44 020 8847 5447) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than-
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned goods, or
(c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.