Think Ford trading as Think One Ltd is registered in England (No. 08357141), its registered office is Think One Ltd, Chandlers, Victoria Road, Brighton, East Sussex BN1 1YH.
“Company" means Think One Ltd
“Customer" means any person, business or organisation that purchases goods or services from the Company.
“Goods" means a vehicle, machine or parts sold by the Company to the Customer as specified.
“Repair Services" means work carried out by the Company as specified, including any additional necessary work.
“Item" means any item to which Repair Services are performed by the Company.
A. The price of the Goods will be the Company's quoted price as set out on the order or invoice. Where no price has been quoted or a quoted price is no longer valid the price will be the Company's current price as at the date the contract is made.
B. Subject to Paragraph D unless otherwise stated all prices quoted are valid for 30 days only.
C. Unless otherwise stated all prices exclude VAT and are for delivery at the Company's address as set out on the order or invoice.
D. All prices given for Repair Services are estimates only
E. The Company reserves the right at any time to increase the price of the Goods if a price increase is imposed on the Company by its supplier. If the cost to the Company of carrying out work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside the control of the Company, then the Company shall notify the Customer before undertaking any work to which the increase will apply, and the Customer may require the Company to discontinue the work and shall pay the Company only for the work already carried out.
F. Unless otherwise agreed in writing the Customer must pay the price of the Goods or Repair Services in full before taking delivery of the Goods or collecting any Item, and in any event within 14 days of notification that delivery or collection can be made.
G. If, at the Company's sole discretion, credit facilities have been granted to a Customer full payment must be received by the 20th of the month following the date of the invoice. Failure to pay may result in the outstanding debt accruing daily interest at the rate of 2% above the National Westminster Bank Base Rate for the time being in force.
H. The Company reserves the right at any time to demand security for payment.
I. The Customer at all times has primary responsibility for paying the price of Goods and Repair Services even where Repair Services are requested by the Customer under an insurance claim or manufacturer's warranty claim.
J. All reference to payment means cleared funds
A. The specification of the Goods shall be that specified on the order.
B. The Customer shall receive such warranty and/or guarantee as is given by the manufacturer of the Goods to the Company, and the Customer hereby agrees to be bound by any conditions attaching to such warranty and/or guarantee.
C. The Company warrants that the Goods will comply with the specification and description set out on the order (save as the same may be modified by these conditions) and that all repairs will be carried out using reasonable skill and care. All other conditions, warranties, stipulations, representations and statements (unless stated on an order) whether expressed or implied by statute at common law or otherwise howsoever relating to the Goods and/or Repairs are hereby excluded to the fullest extent permitted by law unless the same has been made or agreed to by a director or branch manager of the Company and except in respect of death or personal injury caused by the Company's negligence.
D. In the case of Repair Services where paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting but no guarantee can be given in this respect. If partial painting only is required every endeavour will be made to match the existing colour but no guarantee can be given for a perfect colour match.
E. In the case of Repair Services we will replace or repair any part found to be defective by any reason of defective material or workmanship provided that the vehicle, van or machine has not been abused in any way, damaged by wear and tear, neglect, rust, improper use, insufficient maintenance or it has been involved in a subsequent accident.
F. The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods or the Repair Services, if the delay or failure was due to any cause beyond the Company's reasonable control.
G. Customers are strongly advised to remove any items of value not related to the vehicle, and must rely on their own insurance as we are only responsible for loss or damage to a vehicle, or property left in the vehicle, if the loss or damage results from our negligence.
H. When providing Repair Services for taxis, driving school vehicles or commercial vehicles the Company will not accept any liability for any financial loss incurred as a result of any reasonable delay in providing the Repair Services.
A. The Company shall deliver the Goods/make any items available for collection at the address stated on the order or invoice. Any dates/times quoted for delivery/completion are approximate only.
B. The Company shall be entitled to levy storage charges of £25+VAT per day having given notice to the Customer that Goods/Item are ready for collection.
C. Any shortages or breakages of Goods must be notified to the Company within 7 days of the date of delivery of the relevant Goods.
D. Ownership of the Goods remains with the Company and will not pass to the Customer until the Company is paid for the Goods (and any related work) in full cleared funds and is paid all other amounts owed by the Customer to the Company (or any other companies within the same group of companies as the Company) in respect of all other goods supplied to the Customer.
E. Where the Goods are attached to or incorporated in any other goods or are altered by the Customer ownership of the Goods shall not pass by virtue of the attachment, incorporation or alteration and if the Goods remain identifiable and were attached to or incorporated in other goods, can be detached or removed from them.
F. If the Customer is overdue in payment for the Goods or any other goods supplied by the Company, the Company may recover and resell them to recover their losses. This does not affect any other rights of the Company.
G. Until the Company has been paid for the Goods and all other goods which the Company has supplied to the Customer:
a. If the Customer sells the Goods the Customer shall hold that part of the proceeds of sale which is equal to the original price to be paid to the Company.
b. The Company may trace the proceeds of sale that the Customer received into any bank or other account which the Customer maintains.
c. If the Customer sells the Goods the Company may by written demand require the Customer to assign to the Company the rights to recover the price from its purchaser.
d. The Customer must not assign to any other person any rights arising from a sale of the Goods without the Company's written consent.
H. Risk in the Goods shall pass to the Customer on delivery.
I. The Customer must insure the Goods against all insurable risks for the price due to the Company for the Goods.
A. If the Company agrees to part of the price for Goods being paid by way of a part exchange item such item must be delivered to the Company on or before delivery of the Goods and the following conditions apply as at the date of delivery of the Goods:
a. The details and statements shown on the purchase invoice are true.
b. The item being in the same condition as at the date of its examination or the acceptance of it as a part exchange item by the Company. If either or both of those conditions do not apply the Company shall be entitled to cancel the contract and to seek damages from the Customer. The Company shall be entitled to set off its damages against any deposit paid by the Customer.
C. The Company reserves the right to settle any outstanding credit owing on an item offered by a Customer for part exchange and to deduct that amount from the value of the part exchange item.
D. If the contract is cancelled by the customer for any reason not permitted by this contract after the exchange vehicle has been delivered to the Company, and the Company has sold the exchange vehicle the Customer shall, as appropriate, only be entitled to the profit or bear the loss of such sale, after the Company's reasonable handling expense.
E. If you are taking out finance with your vehicle purchase the information you have provided for the finance proposal will be disclosed to lenders for the purposes of considering your credit application. Lenders may use this information to carry out searches with credit reference agencies. A record of those searches will be kept and may be used by other lenders in assessing applications from you and members of your household for credit in the future. Lenders will cross check this information with other lenders to help prevent fraud.
F. The Company carry out all reasonable mileage checks via the VOSA & NMR databases and will provide mileage certification where available. Until certification is provided, recorded mileages cannot be relied upon as actual mileage run by the vehicle.
A. It is at the sole discretion of the Company to accept the return of goods. All return parts must be returned within 7 days of the date of their invoice, in original condition, and the Company reserves the right to levy a 10% handling charge to cover its costs.
B. Service exchange parts must be paid for in full on delivery. The used unit must be returned within 28 days, with the original invoice reference, when the Company will issue the credit.
A. The Customer shall have the right to cancel a contract for the purchase of Goods only within 14 days of receipt of notification of:
a. Any price or tax increase of the Goods; and/or
b. Any change in the specification of the Goods to the detriment of the Customer; and/or
c. Any unforeseen delay in delivery.
B. The Company shall have the right to cancel the contract within 14 days of receipt of notification from its supplier that the supplier is not able to supply the Goods and the Company shall have no further liability to the Customer.
C. If you do not pay for and take delivery of your vehicle within 7 days of notification that the vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved.
We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.
Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost as a result of having to re sell. If this amount is less than your deposit, then we will refund the balance of your deposit with the notification. If the claimable amount is more than the deposit, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.
A. Customers borrowing courtesy vehicles must hold a current valid full United Kingdom Driving Licence and must arrange full comprehensive motor insurance for the period of use.
B. The Customer will indemnify the Company for all loss or damage to the vehicle (unless caused as a result of our negligence) and return it in the same condition as when it was taken.
C. The Customer will return the Vehicle promptly to the Company on the agreed return date or immediately on the request of the Company. If the Customer delays return of the vehicle the Company may charge up to £50 + VAT per day of unauthorised use to cover costs incurred together with (where appropriate) a storage charge of £25 + VAT per day for the vehicle left on the Company's premises.
A. Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau.
B. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at the appropriate address.
C. No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
D. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
E. The construction validity and performance of the contract and all matters pertaining thereto shall be governed in all respects by English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
F. These conditions constitute the entire conditions of the contract between the Company and the Customer and shall supersede all promises, representations, warranties or other statements made by one party to the other unless the same are confirmed in writing by a Director of the Company and by the Customer or his authorised representative.
DISTANCE SELLING REGULATIONS 2000 - TERMS & CONDITIONS If we deliver a car to a private customer (not a business) without meeting them face to face the sale will be governed by the distance selling regulations. This gives you certain rights that are explained below.
The Company's Sales Executive that you deal with will send you an order form detailing your purchase, our address and agreeing delivery details with you. This will probably be via phone and email.
You have the right to cancel this contract, in writing to the Company via the Sales Executive, within 7 days of taking delivery. If finance has been arranged with a Credit Provider it is the Customer's responsibility to contact them immediately to arrange for the cancellation of that agreement.
On receipt of this notice of cancellation we will contact you to confirm arrangements for collection of the vehicle. You may arrange for the return of the vehicle to us, or we will collect it at a cost of £100+VAT and a charge of £5+VAT per mile for the distance recorded between the Company's premises and your address as shown on a web based distance calculator of the Company's choice. You are required to make the car available for collection at a pre-determined date and time within 30 days of the delivery date. Mileage and Condition: On collection the car must not have travelled more than 25 miles, sufficient for a test drive, since delivery and must be in the same condition as it was when delivered. You will be responsible for any material deterioration or damage recorded at the time of collection. This will be valued when the car arrives at the Company's premises and details of these costs will be notified to you. Excess mileage above the 25 miles will be charged at 10% of the vehicle purchase value per 100 miles or part thereof. Refund: Your refund will be executed in the same way that payment was made originally by you and will be made within 30 days following delivery.