Terms & Conditions of Sale for Motor Vehicles

Brotherwood Automobility Limited

1. Definitions
1.1 “The Dealer”, the person who is the vendor of the goods to the customer.
1.2 “The Customer”, the person, their legal appointee, nominated representative or individual acting under Power of Attorney, contracting for goods and services to be supplied by the Dealer.

1.3 “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
1.4 “Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.5 “Vehicle” includes any car and generally each and every accessory to and component thereof.

 

2. Whole Contract

2.1 These terms shall represent the whole contract between the Dealer and the Customer or their legal representative. They may be varied only by written agreement between the parties.

 

3. Interpretation

3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

 

4. Enforceability

4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

 

5. Written Confirmation

5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer and will apply as date specific.

 

6. Delivery Time Not of the Essence

6.1 Unless specifically agreed in writing, time for delivery is not essential.

6.2 Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.

 

7. New Goods

If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:

7.1 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 resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire.

7.2 The Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.

7.3 Any figure provided within the contract for Car Tax is provided as guidance only.  Notwithstanding the sum for Car Tax specified in the order, the sum payable by the Customer in respect thereof shall be such sum as the Dealer has legally had to pay or becomes legally bound to pay for Car Tax, First Registration Fees, and any additional Taxes or increases in Road Fund Licence, in respect of the Goods. The Customer must provide the Dealer with a valid Certificate of Entitlement for either Disability Living Allowance (DLA), Personal Independence Payment (PIP), Armed Forces Independence Payment (AFIP) or War Pensioners Mobility Supplement (WPMS) prior to registration of the Vehicle in order to claim exemption from Car Tax.

7.4 Any figure provided within the contract excluding Value Added Tax assumes the Customer is exempt of VAT. However HMRC impose a limit on the number of vehicles that can be purchased under VAT relief, with an eligible individual being able to purchase only one vehicle that meets the qualifying conditions every 3 years. If a Customer intends to purchase more than one new Wheelchair Accessible Vehicle in a 3-year span, they may not qualify for VAT relief on each purchase. Some exemptions may apply to this ruling, for example if a vehicle is stolen or destroyed, or if the Customer’s circumstances change dictating the need for a new vehicle. In all cases it is the Customer’s responsibility to ensure that they qualify for VAT Relief.

7.5.1 in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.

7.6 In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract on the grounds of frustration.

7.7 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 express or implied by law or otherwise are hereby expressly excluded.

7.8 Brotherwood Annual WAV Checks

7.8.1 Included Brotherwood Annual WAV Checks applicable to new retail vehicles purchased and situated within the borders of mainland Great Britain.

7.8.2 Any additional discount applied to new vehicle orders outside of the full retail value, or any special offer applied, will forfeit any Brotherwood Annual WAV Checks otherwise supplied with the sale. Inclusion of this free service will be at the discretion of Brotherwood Automobility Limited. Annual WAV Checks can be purchased at the market rate.

 

8. Used Goods

8.1 If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):

8.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.

8.2 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 express or implied by law or otherwise, are hereby expressly excluded.

 

9. Variation

9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

 

10. Delivery and Payment

10.1 The Customer shall be liable to pay for the Goods under the following terms:

10.1.1 New vehicles: 25% of the total shall be due upon order; 50% of the total shall be due on vehicle arrival at the Dealer and before conversion work can begin; and 25% of the total shall be due prior to delivery. In the event of a vehicle being used in part exchange, the part exchange value shall be deducted from the final payment.

10.1.2 Used vehicles: 50% of the total shall be due upon order; and 50% of the total shall be due prior to delivery. In the event of a vehicle being used in part exchange, the part exchange value shall be deducted from the final payment.

10.1.3 For vehicles supplied via the Motability Contract Hire scheme: 100% of the total Advance Payment including any optional extras shall be due upon order. In the event of a vehicle being used in part exchange, the part exchange value shall be deducted from the payment.

10.1.4 HIRE VEHICLES

The customer acknowledges that throughout the duration of this agreement the customer will be liable as owner of the above vehicle in respect of any fixed penalty offences, excess charges and the like which may be incurred under the Road Traffic Offenders Act 1988 and the Road Traffic Act 1991 (both as amended or replaced from time to time). The hirer also accepts liability for other penalties incurred during the hire period including for non-payment of the London Congestion Charge. Average mileage is limited to 80 miles per day for any Hire Period up to 30 days, OR 60 miles per day for any Hire Period exceeding 30 days unless agreed in advance in writing by Brotherwood.

Excess mileage will be charged at 40 pence per mile. 

The hirer is responsible for insuring the vehicle for the duration of hire.  Insurance is to be covered no less than fully comprehensive.  An insurance cover note is required.  The hirer may choose to use Brotherwood Hire Insurance, subject to status, and additional costs. 

A refundable deposit of £500 (or £2,500 for Mercedes-Benz V-Class models) is payable for the hire duration to cover the following:-

• Minor accident damage

• Windscreen or glass damage

• Insurance excess where applicable

• Extra valeting where vehicle is returned excessively dirty

• Fuel – Vehicle to be returned with matching level of fuel as on delivery or 110% of the cost of top-up plus £25 administration fee will be deducted from deposit.

Return of deposit will occur 3 weeks after the hire end date to allow notification of any motoring, driving or parking offences to be received A minimum administration fee of £10 + VAT will be deducted for every fixed penalty notice received and processed on your behalf.

If Brotherwood are unable to contact the hirer to issue the deposit refund, or a deposit refund is unclaimed within 3 months of the hire end date, the deposit refund will be forfeited by the hirer.

10.1.5 LOAN AGREEMENT

Retrospective charges may be applied at our discretion if the vehicle is returned with any defect including but not limited to the above. Charges exceeding the deposit amount will be invoiced to the hirer payable on receipt.

Any unauthorised extension of the hire / loan agreement or failure to return the vehicle on time may incur a charge up to £200 per day. Brotherwood reserve the right to recover the vehicle in the event of non-payment of any monies due.

All persons must complete the SELF DRIVE HIRE PROPOSAL form and be authorised by Brotherwood before driving the vehicle (unless privately insured by the vehicle Hirer).

Brotherwood reserve the right to terminate the Hire/Loan agreement and recall the vehicle at our discretion in the event of any actions deemed to be deliberate misuse or abuse of the vehicle.

11. Place of Delivery

11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

 

12. Repudiation by Customer

12.1 If the Customer does not pay for and take delivery of the order within 14 days of notification that the vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer shall sell the vehicle to another person. The Dealer will refund the deposit but before doing so, they are entitled to recover from the deposit the additional costs they incur in re selling the vehicle, plus any reduction in the sales price achieved. The Dealer shall keep the deposit whilst they display and advertise the vehicle as being for sale. If it is not sold within a reasonable time the Dealer shall sell it at auction.

12.2 Once the Dealer has sold the vehicle, they shall notify the Customer within 7 days as to how much they have lost as a result of having to re sell. If this amount is less than the deposit, then the Dealer will refund the balance of the deposit with the notification. If the claimable amount is more than the deposit, then the Dealer will include a statement showing how much the Customer owes the Dealer to make good the loss. The Dealer will provide copies of any receipts if the Customer requests them.

 

13. Return of Deposit

13.1 If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.

 

14. Retention of Title and Risk

14.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.

14.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full.

 

15. Right of Lien

15.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

 

16. Part Exchange

16.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.

16.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle.
AND
16.1.2 that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
16.2 If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).

16.3 In the event of the non-fulfilment of any of the foregoing conditions, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

16.4 Any Part Exchange offer provided in writing by the Dealer is date specific and subject to change in the event that delivery of the Goods to the Dealer by the Supplier/ Manufacturer is delayed, or delivery of the Goods to the Customer is delayed for any reason beyond the control of the Dealer.

 

17.  Authority to Contract

18.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.

 

18. Authority to Uplift

18.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

 

19. Authority to Drive

19.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.

 

20. Notices

20.1 All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post or email to the Customer’s address.

 

21. Dispute resolution / Jurisdiction

21.1 In the event of a complaint or dispute of any kind our complaints handling procedure which is available from us on request.

21.2 where your complaint does not relate to a financial service, contact The Motor Ombudsman For details of this service you can contact them on 0345 241 3008 (option 1) or email them at consumer@tmo-uk.org or write to

The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN.

 

22. Distance and Off-Premises Contracts

For vehicles reserved online with £99 Reservation Fee:

22.1 If the Customer has undertaken any of the following at the Dealer’s premises: negotiated the price; received any documentation; accepted an offer; paid a deposit for the Goods, inspected the Goods or signed any contract – then the Customer’s distance selling rights shall not apply because the Goods are deemed to be purchased on-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

22.1.1 If the Customer has inspected and been given a reasonable opportunity to test the Vehicle (or a representative example), before they have paid a deposit or signed any contract then the Customer’s distance selling rights shall not apply because the Goods are not deemed to be purchased at distance or off-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

22.2 If the Goods are purchased at a distance or off-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and if the Customer is a consumer:

22.3 The Customer has the right to cancel this contract without giving any reason at any time within 14 days, beginning on the day after the Customer acquires physical possession of the Goods.

22.4 In this case, the Customer will receive a full refund for the price paid for the Goods, including the cost of delivery, subject to sections 22.5 to 22.13 below.

22.5 To cancel this contract the Customer must inform the Dealer in writing.

22.6 The Customer must return the Goods to the Dealer (at the Dealer premises) immediately. Alternatively, the Customer must make the Goods available for collection immediately and pays the Dealer’s reasonable costs of collection (at the Customer’s risk until collection).

22.7 Until the Goods are accepted as returned by the Dealer the Customer will remain liable for their condition and associated requirements including road fund licence and insurance, and for any fines, charges or penalties relating to the Goods or such requirements, and shall reimburse the Seller for any loss, cost or expense it suffers that result from a breach of Customer’s duties under this clause 22.7.

22.8 The Dealer may withhold the Customer’s refund until the Dealer receives the Goods in full including any accessories for example spare keys.

22.8.1 The Dealer may withhold £1,000 from the Customer’s refund until the Dealer receives the Vehicle’s V5 log book.

22.9 The Dealer shall make the refund (using the same means as the initial transaction) without undue delay and not later than 14 days after the Dealer receives the Goods.

22.10 The Customer has a legal obligation to take reasonable care of the Goods while they are in the Customer’s possession. The Customer is liable for any diminished value of the Goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Goods. The Customer shall be liable for the cost to the Dealer of repairing any damage or loss caused to the Goods by the Customer. The Customer shall also be liable for any diminished value of the Goods resulting from other causes including but not limited to depreciation or additional owners being recorded against the Vehicle.

22.10.1 The Customer shall be liable for a fee of £1.50 per mile for every mile over 100 miles added to the Vehicle odometer from point of delivery until the vehicle arrives at the Dealer’s premises.

22.10.2 The Vehicle must be returned (or made available for collection) in the same condition as the Customer received it including interior cleanliness. The Customer shall be liable for the cost to the Dealer of returning the vehicle to said condition other than use which is necessary to establish the nature, characteristics and functioning of the Goods.

22.11 The Dealer may recover any amounts owed under this clause 22.7, 22.10, 22.10.1 and/or 22.10.2 by deducting from the Customer’s refund, or by separate invoice to the Customer to be paid within 14 days.

22.12 The mileage on any used Vehicle may vary from that advertised as a result of the method of refurbishment or transportation, for example additional mileage to the advertised mileage may be accrued in the process of delivering the Vehicle to the Customer. No allowances will be made to the contract price for additional mileage.

22.13 The Dealer does not retain all vehicles taken in Part Exchange. If the Customer exercises their right to cancel under clause 22.3 and the Dealer is not able to return the Part Exchange vehicle the Dealer will instead refund the agreed monetary value of the Part Exchange Vehicle less any appropriate deductions as per 22.7 and less any negative equity amount required to settle any outstanding finance on the Part Exchange vehicle. Deductions may also be made for any refurbishment work that has been carried out on the Part Exchange vehicle whilst in the possession of the Dealer.