Terms and Conditions
1. These terms and conditions form the entire agreement between "Us", ("Derby Trade Cars Ltd") aka (Derby Trade Cars) and "You" the Customer. Any other terms or conditions are excluded to the maximum extent permitted by law. This does not affect a consumer\'s statutory rights.
2. If we have provided a mechanical breakdown warranty for your peace of mind, please do not forget that it is a condition of the warranty that you should contact the Administrator before arranging for any work to be carried out.
3. Where the Customer is a Consumer, nothing in these terms and 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.
4. Where the Customer is acting otherwise than as a consumer then these terms and conditions form the entire agreement between Derby Trade Cars and the Customer. Any other terms or conditions are excluded to the maximum extent permitted by law.
5. Our website is an invitation to treat, and nothing on this website shall be construed as a unilateral offer by Derby Trade Cars to enter into any contractual obligations.
6. Derby Trade Cars cannot be considered liable for any recommendation made by any third party, or external source of information. The Customer must check with the sales team if there are any aspects of the specification which may particularly influence their decision to purchase.
7. It is an express term of this agreement, that, prior to entering into the agreement, the Customer has examined the Goods to be purchased, and is satisfied that they are of satisfactory quality, and reasonably fit for the purpose for which they are required. The Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects and have been notified by us to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
8. The Customer accordingly confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon Derby Trade Cars skill or knowledge regarding the Goods\' fitness for any particular purpose or use.
9. All of our used cars are presented with the paperwork provided at point of sale, if the car is not presented with paperwork at point of sale, then the vehicle does not come with additional paperwork such as service history, handbooks or other documents.
10. All our vehicles come with one key, it should not be presumed there is a spare key. If a spare key is not provided at point of collection we are under no obligation to provide on regardless of the cost of the vehicle. All other equipment for the vehicle will be supplied at point of handover it is accepted that there will be no further equipment supplied for the vehicle unless it is confirmed in writing by the General Sales manager for the branch.
11. On collection of the vehicle you are signing to confirm you are completely satisfied with the vehicles condition. We do not undertake any cosmetics work after delivery of the vehicle on the basis you are signing to confirm you have checked and are completely satisfied with the vehicles condition. We aim to ensure that the vehicle is presented at a high standard consummate with age and mileage, Repairs such as dents, scuffs, alloy wheels refurbs, paint works, tyres, wheels, stone chips, interior reconditioning will not be completed once delivery has been taken. We do offer services at an additional cost please ask your client advisor for further details.
12. Any order and any allowance in respect of a motor vehicle offered in part exchange by the Customer is subject to written acceptance by Derby Trade Cars
13. The Customer must take and pay for the goods within 7 days of being notified that they are available. If the Customer fails to do so then Derby Trade Cars will be entitled to keep the deposit, and recover damages for all reasonable resulting losses (including loss of profit), costs (including labour and materials at usual retail rate), charges and expenses directly flowing from the breach of contract.
14. Derby Trade Cars will retain ownership of the goods until they have been paid for. Responsibility for looking after the goods becomes the customer\'s responsibility on delivery or payment, whichever is the sooner.
15. Any estimated date quoted for delivery of the goods is only approximate. Derby Trade Cars shall not be liable for delay or failure in delivery of the goods which is beyond its control.
16. In the event that Derby Trade Cars is unable to fulfil the order, it will be entitled to cancel the order. In such instances any liability will be limited to refunding the customer for all payments received.
17. If Derby Trade Cars fails to deliver the goods within 21 days of the estimated date of delivery stated in this contract the Customer may by notice in writing to Derby Trade Cars require delivery of the goods within 7 days of receipt of such notice. If the goods are not delivered to the Customer within the 7 days the contract shall be cancelled. If the contract is cancelled any deposit paid shall be returned and Derby Trade Cars shall be under no further liability.
18. Where required Delivery will be to an address within the UK nominated by the Customer subject to reasonable security and identification checks. It is the customer\'s responsibility to provide adequate information for the carrier to find the address. The customer agrees to indemnify Derby Trade Cars against any costs that it may incur as a result of non-delivery as a result of inaccurate or inadequate instructions.
19. Confirmation of delivery from the carrier will be presumed to constitute conclusive proof of delivery.
20. Derby Trade Cars shall not be considered liable in respect of any defect arising from fair wear and tear, wilful damage, negligence or abnormal working conditions (including track use).
21. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
If we deliver a car to a private customer (not a business) without meeting them face to face the sale will be governed by these 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
- The main characteristics of the goods.
- Our address and contact details.
- The total price of the goods.
- Details of any additional delivery charges or other costs.
- The arrangements for payment and delivery.
You have the right to cancel this contract, in writing within 14 from the day you take collection.
Return of Vehicle:
On receipt of any notice of cancellation in writing 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 2 working days of notice of cancellation.
Mileage and Condition:
On collection the car must not have travelled more than 10 miles since delivery and must be in the same condition as it was when delivered. Any deterioration recorded at the time of collection 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 10 miles will be charged at 10% of the vehicle purchase value per 100 miles or part thereof.
Your refund will be executed in the same way that payment was made originally by you and will be made within 14 days upon receipt of the vehicle, a satisfactory inspection and upon return of all the keys and documents.
22. In all other circumstances, cancellation will only be accepted at the discretion of Derby Trade Cars, and subject to payment of all reasonably resulting costs and/or losses.
23. Any agreement for the Derby Trade Cars to purchase a vehicle or other goods in part exchange is subject to the following;
a. The part exchange goods must be the sole property of the Customer, and the Customer must be entitled to sell them.
b. The part exchange goods must be delivered in the same condition and with the same features, as when they were examined by Derby Trade Cars
24. If these conditions are not met, Derby Trade Cars will not accept the Customers used motor vehicle and the Customer will pay the full price for the vehicle ordered.
25. If delivery of the goods is delayed through no fault of Derby Trade Cars they will deduct an amount for depreciation of the part exchange goods. This amount will not exceed 2.5% of the agreed value of the part exchange goods for each complete 30 day period.
26. If the goods to be supplied by the Derby Trade Cars are new the following provisions shall have effect:
a. The goods supplied will comply with the description or model designation assigned by the manufacturer. Any aspects of the detailed model specification which are particularly important must be recorded on the Order form.
b. If after the date of this order and before the delivery of the goods to the purchaser the recommended price for the goods increases, the Customer will be notified of the amount of the increase Derby Trade Cars intends to pass on to the Customer. The customer can cancel the contract within 14 days of receipt by him of such notice, failing which such increase shall be added to the contract price for the goods.
27. These terms and conditions govern the entire contract between Derby Trade Cars and the customer. All other rights are excluded to the maximum extent permitted by law.
28. I understand that it is the customer\'s responsibility to return the vehicle in relation to a statutory refund, replacement or repair.
29. Should any of these terms and conditions be held to be unenforceable in whole, or in part, then the remainder will remain valid.
30. This contract is governed by the prevailing law in England & Wales.
We strongly recommend that you ensure that you have adequate breakdown cover in order to ensure that you are not left standing by the roadside in the unfortunate event of a breakdown. We consider it absolutely essential to take out breakdown cover in the event that you intend taking the vehicle abroad.
The engine oil level, coolant level and tyre pressures should be checked on a weekly basis and certainly before any long journeys are undertaken. If the journey is likely to take several hours, then we would suggest regular breaks to give both yourself and the vehicle time to rest.
This is a used motor vehicle, which will inevitably show signs of general deterioration commensurate with previous use. It is your responsibility to check the vehicle, prior to purchase, to ensure that it is suitable for your needs, and meets your expectations. We cannot reasonably consider ourselves responsible for any issues that were, or ought to have been noticed during a pre-purchase inspection.
It is essential that you pay careful attention to the gauges and warning lights on the vehicle. Any drop in oil pressure or increase in oil or water temperature means that you should stop the vehicle immediately. Significant damage can be caused in a very short period of time. We cannot be held responsible for any damage that may occur that could reasonably have been avoided.
Diesel Particulate Filters
If you are buying a diesel car and plan to use it mainly for town-based, stop/start driving fitted with a Diesel Particulate Filter (DPF) this can result in incomplete \'DPF regeneration\'.
Diesel Particulate filters (DPF) or \'traps\' do just that, they catch bits of soot in the exhaust.
As with any filter they have to be emptied regularly to maintain performance. For a DPF this process is called \'regeneration\' - the collected soot is burnt off at high temperature to leave only a tiny ash residue.
Regeneration takes place automatically on motorway-type runs when the exhaust temperature is high.
If the regeneration is unsuccessful the vehicle may use extra fuel, and the fuel injected will not burn and will drain into the sump. Oil quality will deteriorate as a result of this and the level will rise. It is important that you check that the oil level does not increase above the maximum level on the dipstick as diesel engines can run on excess engine oil - often to the point of destruction.
If you ignore the warning light and keep driving in a relatively slow, stop/start pattern, soot loading will continue to build up until around 75% when you can expect to see other dashboard warning lights come on too. At this point driving at speed alone will not be enough and you will have to take the car to a main dealer for regeneration.
A timing belt, timing chain or cam belt is a part of an internal combustion engine that synchronizes the rotation of the crankshaft and the camshaft so that the engine\'s valves open and close at the proper times during each cylinder\'s intake and exhaust strokes. An auxiliary belt drives additional engine and vehicle components such as alternator, water pump, oil pump, power steering, air-conditioning.
It is the customer\'s responsibility to change the belt following the manufacturers guidelines after purchase, if the belt has not already been changed as per manufacturers guidelines prior to your purchase. Failure to do so can lead to major engine damage that could have been avoided; any engine damage due to failure is solely the customer\'s responsibility due to failure to follow advised maintenance.