Terms & Conditions | Berkeley Vale

Berkeley Vale Motors Terms and Conditions

The terms below govern your use of this website and by accessing this website you agree to be bound by them. If you do not accept these terms, please do not use the website.

We may change these terms at any time without notice by updating the terms shown on this website. It is your responsibility to review the website terms each time you enter the website to ensure you are aware of our latest terms and conditions. Your use of this website after a change has been made signifies your acceptance of the revised term.

This website is for your personal use only and is not to be used for any commercial purpose.

Products and Services

The provision of details of products and services on this website are not, and should not be construed as, an offer to sell or supply such products or services, and the seller or supplier may always accept or reject your offer at its sole discretion.

All products and services on this website are subject to availability and may be withdrawn without notice. All products and services and all prices are also subject to change without notice.

All finance facilities are subject to status and available to persons aged 18 or over in the UK only (excluding the Channel Islands). Guarantees and indemnities may be required.

Any insurance products that may be outlined on this website are administered, underwritten and serviced by carefully selected insurance providers. For all insurance products, certain exclusions and eligibility criteria apply. A full summary of cover and detailed policy terms for each insurance product is available upon request.

Terms and Conditions for individual Products and Service

These website terms should be read in conjunction with the separate terms and conditions for the sale or supply of the individual products or services which are referred to on this website. In the event of any inconsistency between these terms and the specific product or service terms and conditions, the latter shall prevail.

Distance Selling

If an agreement is concluded without any face-to-face contact between us or anyone acting on our respective behalves, you may give notice cancelling this Agreement within 14 days of taking delivery of the Goods, whereupon you must either return them to us or make them available for us to collect at your expense.
You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us. If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we have the option of either returning the Part Exchange Vehicle or refunding the Part Exchange Allowance.


Information about Products and Services

Whilst we make every effort to ensure that the information on this website is up to date and accurate, neither we nor any third party can accept responsibility for your reliance on any information on this website.

Detailed insurance policies and summaries of cover and other product or service terms are available on request. You should seek your own independent financial advice in relation to any taxation or accounting matters referred to on this website.

UK Limitation

The vehicle specifications on this website are, unless stated otherwise, for the UK market only. These specifications including what is optional and what is standard equipment may vary in other markets. However some vehicle images may be of models supplied in other markets, for example showing left-hand drive, and not reflecting specifications in the UK.

Unless otherwise stated, the finance, leasing and insurance products and services on this website are available only to residents of the UK (excluding the Isle of Man and the Channel Islands).

The information and other materials contained in this website may not satisfy the laws in countries outside the UK. If you choose to access this website from outside the UK you are responsible for ascertaining to what extent local laws are applicable and compliance with local laws. Any telephone numbers and charges shown only apply to calls made from within the UK.

Website Availability

We cannot promise that this website will be uninterrupted or free of errors, bugs or viruses and we will not be liable if, for any reason, this website is unavailable at any time or for any computer virus or system free. Access may be suspended at any time without prior notice being given.

Copyright

All information on this site is Copyright of (Hawkins) Berkeley Vale Motors Ltd (“the company") t/a Berkeley Vale Motors Ltd. Reproduction, distribution or transmission by any means without the prior permission of the company is prohibited. All rights reserved. The Berkeley Vale Motors Ltd logo is a registered trademark of (Hawkins) Berkeley Vale Motors Ltd and the company have made every effort to ensure the accuracy of the information contained in this site.

Links to other Websites

This site may contain “hypertext" links to other sites that enable users to leave this site and go directly to the linked site. The links are provided to assist users of this website and the inclusion of a link does not imply that we endorse or have approved the linked site. We do not control linked sites, and are not responsible or liable for their content or any link within such sites, or for any transmission received from any linked sites.

No Warranties or Liability

This website and the information, images, materials and other content shown are provided without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.

Without limitation to the foregoing, although we take care to ensue that the information, images, materials and other content provided on this website are accurate, we give no warranties of any kind, express or implied, that they are accurate, complete or up to date. You should not rely on the information to make any decision or take any action. We will not accept any liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information.

In no circumstances will be liable for any losses sustained and arising out of or in connection with use of this website or any site accessed from this website including, but not limited to, loss of profits, loss of data or loss of goodwill (whether direct or indirect) nor any economic, consequential, indirect or special loss.

Severance

If any of these terms are found to be illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such terms shall be deleted and severed from the website terms. The remaining enforceable terms shall continue in full force and effect and continue to be binding.

Nothing in these terms shall exclude or limit our liability for death or personal injury resulting from our negligence or shall affect your statutory rights if you are a consumer.

Terms in Law

These terms shall be governed by and construed in accordance English law, unless you live in Scotland when Scots law will apply or in Northern Ireland, when the law of Northern Ireland will apply. Disputes arising in relation to them shall, unless expressly agreed otherwise, be subject to the exclusive jurisdiction of the relevant courts of the United Kingdom.

Telephone Calls and E-mails

Telephone calls and e-mail correspondence with phone numbers or email addresses accessible through, or obtained from, this website may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls and e-mails.

The price of calls may vary dependent upon your telephone service provider. Please check with your provider for exact charges.

Call Recording At The Dealership

The reasons calls on all numbers are recorded are as follows

  • Provide evidence of a business transaction
  • Ensure that a business complies with regulatory procedures
  • See that quality standards are being met
  • Prevent or detect crime to investigate the unauthorised use of a telecom system
  • Secure the effective operation of the telecom system

Under the Data Protection Act, there is a standard right to apply to organisations which hold personal information about you. This is known as a 'subject access request' (i.e. you are asking to be sent information about yourself), it applies to private companies and an application to the Dealer Principal of Berkeley Vale Motors Ltd should be made at the registered office address,stating the the time, number, and purpose of the request.

Please note security protocols are in place to protect the privacy of individuals and a visit to the dealership will be required.

TERMS AND CONDITIONS

Nothing herein contained is intended to affect, nor will it affect, a consumers statutory rights under The Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any amendment thereof.

1. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance by the Seller.

2. The vehicle is supplied as roadworthy at the date of delivery and is supplied subject to any conditions of warranties that are implied by The Sale of Goods Act 1979 or any amendment statute in the case of the consumer sales (as defined by the Sale of Goods Act 1979).

(i) Prior to signing this order form the purchaser shall examine the vehicle and the items set out in the Purchasers Certificate of Examination attached and the purchaser is reminded that the condition of merchantable quality implied by The Sale of Goods Act 1979 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to defects notified by the dealer to the purchaser before signing the agreement, the condition of merchantable quality above referred to does not operate in relation to those defects.

3. Any accessories fitted or supplied by the seller will be entitled to the benefit of any warranty given by the manufacturer of those accessories.

4.(a) The seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay. Delivery shall be deemed effected when the goods are made available for collection by the customer and the dealer has so informed the customer (The Seller shall not be obliged to fulfill orders in the sequence in which they were placed).

(b) I the Seller shall fail to deliver the goods within 28 days of the estimated date of delivery stated in this contract the Purchaser may, by notice in writing to the Seller, require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.

5. If the contract is cancelled under the provisions of clause 4 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.

6. If the purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Sellers right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchasers default.

7. The goods shall remain the property of the Seller until the total purchase price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared.

8. If the goods to be supplied by the Seller are new, the following provisions shall have effect:

(a) This agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufactures or Concessionaire from time to time lawfully attach to the supply of the goods or the re-sale of such goods by the Seller, and the Seller snail not be liable for any failure to deliver the goods occasioned by his inability to obtain them from the Manufacturer or Concessionaire or by his compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the Manufacturer and Concessionaire may be inspected at the Seller’s Office.

(b) The Seller undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and they will use there best endeavours to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by him to the Seller or to the Purchaser in respect of the goods.

(c) No allowance can be made for any part of the standard equipment supplied with the vehicle which the Purchaser does not wish to take.

(d) Notwithstanding the sum of Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for Value Added Tax in respect of the goods specified in the order. The sum payable by the Purchaser in respect thereof shall be such as the Seller becomes legally liable for at the time the taxable supply occurs.

(e) If after the date of this order and before delivery of the goods to the Purchaser the Manufacturer’s or Concessionaire’s recommended price for any goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser and

(i) In the event of the Manufacture’s or Concessionaire’s recommended price for the goods being increased the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Purchaser does not give such notice as aforesaid the increase in price shall be added to and become part of the contract price.

(ii) In the event of the recommended price being reduced the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price to the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice.

(I) In the event of the Manufacturer of the goods described in the order ceasing to make goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser, cancel the contract.

9. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser by delivering a used motor vehicle to the Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the following further conditions:

(a (i) That the Purchaser has good title to such used vehicles and it is free from any third party charge or interest. or (ii) That such used vehicle is the subject of a credit sale agreement or other third party charge or Interest capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof.

(b) That if the Seller has examined the said used vehicle prior to his confirmation and acceptance of this order the said used vehicle shall be delivered to him in the same condition as at the date of such examination.

(c) That such used vehicle shall be delivered to the Seller on or before delivery of the goods to be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass the Seller absolutely.

(d) That without prejudice to (c) above such used vehicle shall be delivered to the Seller within 14 days of written notification to the Purchaser that the vehicle to be supplied by the Seller is ready for delivery.

(e) That if the vehicle to be delivered by the Seller through no default on the part of the Seller shall not be delivered to the Purchaser within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said used vehicle may at the Sellers discretion be subject to reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Purchaser of the vehicle being ordered on this form.

(f) Please note that, on the final invoice of the vehicle being sold, we reserve the right to reflect any agreed part exchange allowance over and above its current market value as a discount off the vehicle being sold.

In the event of the non-fulfilment of any of the foregoing conditions, other that (e) the Seller shall be discharged from any obligation to accept the said used vehicle or to 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.

10. Any notice given hereunder must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received in due course of post.

11. Notwithstanding the provisions of this agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the vehicle has been completed for delivery to 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 agreement to be made to that Purchaser shall be bought by the Seller at a price equal to such allowance, upon the conditions set forth in clause 8 above (save that in (c), (d) and (a) thereof all reference to ‘delivery’ or ‘delivered’ in relation to ‘the goods’ shall be construed as meaning delivery or delivered by the Seller or to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.

12. Any notices given hereunder must be in writing and sent by the Customer by first class post to the Sellers place of business.13. Failure by the dealer to enforce at any time or for any period anyone or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

14. E&OE. Errors & Omissions Excepted

Alternative Dispute Resolution (ADR)

Berkeley Vale Motors Ltd subscribe to the Motor Industry Code of Practice (Motor Codes) who can provide CTSI certified Alternative Dispute Resolution services.

In the event of a dispute relating to vehicle sales that cannot be settled to the consumers satisfaction Berkeley Vale Motors Ltd will refer the consumer to the Motor Codes ADR provider.

Further details can be found at www.adr.motorcodes.co.uk or alternatively you can contact the advice line

on Tel 0800 692 0825