TERMS AND CONDITIONS
1. GENERAL
All communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a “subject to contract” basis. No legally binding contract between Fast Car Buyer and the Seller will be formed in any circumstances until (i) Fast Car Buyer have conducted an on-site valuation of the vehicle and inspected the accompanying documentation, AND (ii) a physical examination of the vehicle has been conducted by a qualified mechanic on behalf of Fast Car Buyer (which may in some cases take place at a later date); AND (iii) the parties have entered into a written contract of purchase stating the terms of purchase.
2. VALUATIONS
We may collect, store and use the following kinds of personal data:
(a) Valuations are provided on a “subject to contract” basis and are not legally binding. Fast Car Buyer reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
(b) The price quoted in the valuation will be in pounds sterling and will be inclusive of Value Added Taxation (VAT).
(c) All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.
(d) Any significant increase in mileage by the Seller from the date the valuation is provided to the date of collection of the vehicle by Fast Car Buyer will result in the valuation provided being incorrect. A revised valuation may therefore be required. A significant increase is defined as fifty miles or over.
3. PAYMENT
(a) Payment will be made via Cash, Bankers Draft or Bank Transfer.
(b) Cleared funds may take up to 3-4 working days after payment has become due by Bank Transfer. No liability is accepted for any delay which was unavoidable in the circumstances.
(c) Fast Car Buyer reserves the right to pay by any other appropriate payment method when and where reasonable.
(d) Payment will not fall due if Fast Car Buyer rescinds the contract within a reasonable period after the physical examination by a qualified mechanic.
4. SELLER’S WARRANTIES
(a) The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
(b) The Seller warrants that the vehicle is not subject to undisclosed finance.
(c) The Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
(d) The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with.
(e) The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like).
(f) The Seller warrants that there are no undisclosed “title defects” with the vehicle that a prudent purchaser would want to be informed about.
(g) The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company.
(h) The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
5. VEHICLES SUBJECT TO FINANCE
(a) It is the responsibility of the Seller to disclose to Fast Car Buyer any existing finance associated with the vehicle.
(b) Fast Car Buyer may agree to settle off the existing finance in lieu of payment (or part payment) of the vehicle to the Seller at its absolute discretion. Fast Car Buyer has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion.
(c) If the agreed sale price of the vehicle is lower than the settlement figure required to fully settle any related finance, the Seller must pay Fast Car Buyer the difference between the settlement figure and the agreed sum in advance of Fast Car Buyer settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) within 7 days of an agreement will automatically render the contract between the parties terminated.
(d)The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. Fast Car Buyer does not accept any liability with respect to the related finance at any time or for any reason.
(e) Fast Car Buyer will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
6. INSPECTION
(a) The vehicle will be inspected by a Fast Car Buyer representative prior to completion of the written contract. A revised valuation may be offered where (i) the vehicle does not fully comply with the information provided during the initial valuation process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/or (iii) other relevant factors not disclosed affect the valuation.
(b) In addition to the on-site valuation, the vehicle may be physically inspected by a qualified mechanic either before or after the Seller has signed the written contract. If the physical inspection by the qualified mechanic is carried out after the written contract has been completed and signed by the Seller, the Company may rescind the contract for any serious defect subsequently discovered in the vehicle by such inspection.
7. DOCUMENTATION
On collection of the vehicle, the Seller shall provide Fast Car Buyer with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, user manuals and any other relevant documents.
8. GOVERNING LAW AND JURISDICTION
The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.
