Nothing contained in these Terms and Conditions will affect or restrict the statutory rights of a Buyer under the Buyer Rights Act 2015
1. Contract
1.1 The vehicle order form (“invoice”) for the sale of a motor vehicle and accessories, if any, (“the Goods”) by us, Coopers of Hampshire Limited (“the Seller”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Buyer”) incorporates the following clauses to form the contract between us.
1.2 The invoice plus these terms and conditions of sale (except where varied by an express agreement between the parties which is recorded in writing and signed by an authorised representative of the Seller) shall constitute the entire contract between the parties.
2. Sale of Used Vehicles
2.1 The buyer must expect a used vehicle to have age-related wear and tear and the possibility of previous repairs
2.2 Prior to signing the invoice the Buyer shall examine the Goods to be purchased (if such are available for inspection) and the Buyer 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 the Seller to the Buyer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
2.3 The Buyer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon the Seller’s skill or knowledge regarding the Goods’ fitness for any particular purpose or use.
2.4 Every effort is made to ensure vehicle condition is described as accurately as possible, and each vehicle includes a record of a 115-point check, plus bodywork and interior condition report. Upon signing this contract, the Buyer is accepting the vehicle in the known condition, taking consideration for age-related fair wear and tear, and the Contract becomes binding
2.5 Descriptions and adverts are a guide only and contain information, that to the best out our knowledge is correct and accurate, however we accept no liability for inaccuracies. The buyer is responsible for ensuring the goods meet their needs and requirements, and for carrying out any relevant history checks
2.6 Any fault or defect identified not listed in the vehicle description, 115-point check or body condition report shall be considered as new and subject to the terms of limited Warranty in section 3, excluding wear and tear and gradual deterioration of a vehicle
2.7 Where a promotion or time limit is imposed on a product or additional extra, the customer is responsible for claiming it before the expiry date, and the Seller shall have no obligation to honour such matters thereafter
3. Warranty
3.1 The CRA 2015 covers faults present at point of sale. A limited warranty may be supplied or purchased with a vehicle, which covers development of faults after point of sale
3.2 The Buyer is responsible for choosing the appropriate level of warranty cover and period which best suits their needs and requirements. The Seller shall not be held liable for repairs excluded from any warranty cover chosen by the Buyer. A warranty may be included in the price of a vehicle.
3.3 The Buyer is responsible for ensuring adherence to the maintenance requirements of the relevant warranty plan in order that it remain valid
3.4 The Buyer is responsible for maintaining the vehicle in accordance with manufacturer requirements in order that warranty remain valid, and agrees to forfeit their right to warranty if they to not adhere to the maintenance requirements of the relevant warranty plan, and no claims shall be valid
3.5 Any further exclusions shall be listed on your invoice
3.6 Fair wear and tear is not warranted – for example, brakes, tyres, windscreen wipers, bulbs, batteries, windscreen chips or damage
3.7 The Buyer must raise any warranty claims with the relevant party. They may choose to apply an excess which may be payable prior to the commencement of any works
3.8 The Buyer accepts that used vehicles require ongoing maintenance and that no warranty can feasibly cover every component of a vehicle. The Seller shall not be responsible for claims outside the terms of the warranty coverage on the vehicle, as these are considered fair wear and tear
3.9 The Buyer agrees to ensure their vehicle is taxed, insured, has a valid MOT and that they have breakdown cover covering recovery to a repair workshop, including us or an appointed repairer as appropriate
4. Delivery and Collection
4.1 The Seller does not offer Distance Sales, and either all or part of the transaction must be carried out at the Seller's premises or associated place of business
4.2 The Seller will use its reasonable endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of the Seller.
4.3 When the Buyer chooses purchase a vehicle, they declare they are happy to accept the vehicle in the described condition. This does not affect the Buyer’s statutory rights.
4.4 Vehicles will only be delivered by transporter or motor trade driven unless otherwise agreed with the Buyer, and declared on the invoice
5. Price and Payment
5.1 The Goods will remain the property of the Seller and the Buyer shall not be permitted to collect the Goods until the Total Vehicle Price set out on the invoice has been discharged in full (without set-off or counterclaim). A cheque given by the Buyer in payment or part payment shall not be treated as a discharge until such cheque has been cleared through the Buyer’s bank and time of payment shall be of the essence
5.2 The Buyer commits to purchase the vehicle and enters into contract of sale in accordance with 1.1 and 1.2, making a part payment or the full balance to the Seller. This contract is binding, unless in accordance with cancellation rights under 7.1. An initial or part payment of the full balance payable should be made as soon as possible. Where a part payment has been made, the full balance should be paid a minimum of 1 day prior to handover, or the Seller may cancel the sale.
5.3 In the event that the Buyer arranges for a finance company to purchase the Goods from the Seller at the Total Vehicle Price payable the Seller shall not release the Goods until the Total Vehicle Price has been discharged in full, including receipt of cleared funds from the said finance company.
5.4 A sale arrangement fee may apply to applicable sales. Where a vehicle sale is brokered, including through finance sales, a minimum administration fee of £199 including VAT shall apply.
5.5 Where a vehicle is paid for by credit or finance, the customer will be required to visit in person, and provide valid proof of identification and address
5.6 Receipt of funds is also deemed acceptance of this Contract, as per 1.1
6. Part Exchange
6.1 Where the Seller agrees to allow part of the purchase price of the Goods to be paid by the Buyer delivering a used vehicle to the Seller, such allowance is agreed to be given and received and such used vehicle is agreed to be delivered and accepted as part of the sale and purchase of the Goods subject to the condition that when such used vehicle is delivered to the Seller after examination by the Seller, the used vehicle shall be delivered in the same condition as when originally examined subject only to fair wear and tear and provided always that either:-
6.1.1 the used vehicle for which the Buyer receives such allowance must be his or her property absolutely and not the subject of any hire purchase agreement or other legal encumbrance whatsoever; or
6.1.2 if such used motor vehicle shall be the subject of a hire purchase transaction then such hire purchase transaction must be capable of early settlement by the Seller and the Total Retail Price due to the Buyer shall be reduced by the amount of such settlement.
6.2 Vehicles shall be considered for part exchange in accordance with set criteria. Part exchange is not a guarantee. Vehicles will be subject to a full appraisal before a valuation will be accepted. The Seller may arrange for such appraisal to be completed by a recognised Third Party, which may required a non-refundable deposit to be paid by the Buyer prior to the sale proceeding any further
6.3 If vehicles offered for part exchange do not meet the required criteria, the Seller reserves the right to reject offering a value for the vehicle
7. Cancellation of Contract
7.1 Rights of Cancellation are detailed as part of the Consumer Rights Act 2015. When sold as seen in-person, the Buyer forfeits their right of cancellation
7.2 Where vehicles are sold at distance, a 14-day cooling off period applies, after which delivery of a vehicle can be arranged. In order to exercise the right to cancel the Buyer must send to the Seller a clear statement by letter sent by post or email to this effect within 7 days of commencement of the Contract
7.3 In accordance with CRA 2015, the Buyer is not permitted to cancel the contract for the following reasons;
7.3.1 The Buyer was informed about or had information accessible about any faults or defects before purchasing the vehicle
7.3.2 The fault was obvious and it would have been reasonable to have noticed it on examination before buying it
7.3.3 Damage caused by the Buyer
7.3.4 The Buyer made a mistake – for example, chose the incorrect engine size or specification
7.3.5 The Buyer changed their mind about the vehicle or have seen one cheaper elsewhere
7.3.6 The Buyer has used the vehicle for commercial purposes, has smoked or used vapes inside the vehicle
7.3.7 If the Goods are made to the Buyer’s specifications or clearly personalised, such as modifications, tyres, window tinting, tow bars, dash cameras, Bluetooth kits, in car entertainment upgrade, servicing or warranty which have already been already been carried out at customer request, then the Buyer does not have the right to cancel the contract
7.3.8 Where the Buyer has part exchanged a vehicle and that vehicle has already entered the motor trade or had works carried out by the Seller
7.3.9 Fair wear and tear and gradual deterioration, considering age, mileage and described condition of a vehicle
7.3.10 The vehicle has covered in excess of 250 miles
7.4 Where the buyer exercises their right to cancel, the following fees shall apply, which are subject to VAT;
7.4.1 Mileage charge at £1.00 per mile driven, or depreciation (calculated monthly as a percentage of the originally advertised price of the vehicle, at 10% in month one and 5% in month two and thereafter), whichever is greater
7.4.2 Transportation of the vehicle at £2.00 per mile
7.4.3 Detailing and cleaning charge of £150
7.4.4 A minimum re-stocking charge of £250
7.4.5 Any parts of works required to return the vehicle to the originally supplied condition not covered by the above points, up to any value. It may be necessary for the vehicle to be returned and estimates provided for work before any remaining monies can be returned to the customer. We reserve the right to take up to 10 business days to complete this assessment
7.4.6 Any delivery charges or additional extras beyond the invoice price of the vehicle are non-refundable
7.5 Where the buyer exercises their right to refusal, the following fees shall apply, which are subject to VAT;
7.5.1 Mileage charge at £1.00 per mile driven
7.5.2 Transportation of the vehicle at £2.00 per mile if not returned to us
7.5.3 Any parts of works required to return the vehicle to the originally supplied condition not covered by the above points, and not associated with any inherent fault, up to any value. It may be necessary for the vehicle to be returned and estimates provided for work before any remaining monies can be returned to the customer. We reserve the right to take up to 10 business days to complete this assessment
7.5.4 Any delivery charges or additional extras beyond the invoice price of the vehicle are non-refundable
7.6 If the Buyer does not make payment in full prior to delivery or within 7 days, whichever is sooner, the Seller reserves the right to cancel the Contract as per 5.2
7.7 If the value of the Goods is diminished because of the Buyer handling the Goods, the Seller may recover that amount from the Buyer and the Seller can deduct this amount from the amount of the reimbursement provided for under these Terms and Conditions. The Seller will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 50 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
7.8 If the Buyer is a person engaged in the motor trade or in connection with their profession, the Goods are sold on the understanding of “SEEN, TRIED AND APPROVED” and the Seller shall have no liability whatsoever. For the avoidance of doubt such Buyer shall not be considered a Buyer afforded protection under the Consumer Rights Act 2015
8. Complaints
8.1 Our Complaints Policy is written in accordance with the Consumer Rights Act 2015, which serves to protect both the Buyer and the Seller. This does not apply where the Buyer has declared they are a motor trade professional or has purchased in connection with their occupation, in which case a vehicle is sold as 'tried and tested as seen'.
8.2 We pride ourselves in customer care and will aim to do whatever is reasonably possible to resolve an issue. If you have a problem and you wish to raise a complaint, you must put your complaint in writing by sending a letter to our registered office Unit A, 82 James Carter Road, IP28 7DE. We will look into what’s happened and aim to provide you with a final response within 8 weeks after you’ve contacted us.
8.3 In the event of any dispute or disagreement arising out of or in connection with this Contract or any breach of its term the Seller and the Buyer shall first use their reasonable endeavours to negotiate in good faith a settlement.
8.4 If your complaint is about the service you have received, we will review the root cause of the situation and write back to you within 8 weeks confirming any actions which have been taken
8.5 If your complain refers to a vehicle which you have purchased, the buyer has the following rights:
8.5.1 If the Buyer would like to obtain a refund, this must be made in writing by letter to either of the addresses named in 8.2. The request must be made within 30 days of the purchase date and the vehicle must have an accompanying independent report evidencing why the vehicle is deemed of unsatisfactory quality and that the fault was present at point of sale. The Seller reserves the right to refuse requests for refund outside of the 30 day period or without clear evidence of a fault and associated report from a VAT registered repairer. The Seller reserves the right to gain a second opinion either from themselves or a nominated repairer of their choosing before any decision is made. The vehicle must not have covered more than 250 miles and deductions may apply as per section 7.
8.5.2 If the complaint is outside of 30 days, the Seller has the right to repair the vehicle in the event a significant fault develops that can be evidenced with an independent report from a VAT registered repairer, or from a repairer of the Seller's choosing showing it was present at point of sale. In most cases, vehicles are covered by a limited warranty, in which case the Buyer is responsible for raising a claim with the warranty company. Those items not covered by the limited warranty are not deemed a significant fault and the Seller has the right to refuse repair. It is the Buyer's responsibility to ensure they have selected adequate warranty coverage for their vehicle based on their needs and requirements
8.5.3 Diagnosis of an issue does not classify as repair. Some issues may require multiple rounds of diagnosis to identify a fault. The Buyer accepts used goods can develop faults at any time. The Seller, warranty company or VAT registered repairer reserve the right to refuse a repair claim if a fault cannot be replicated, either through diagnostics, test drives or mechanical and electrical inspection
8.5.4 In the event a repair claim is approved and the vehicle is deemed 'beyond economical repair', the Seller, at their own discretion, may offer a suitable replacement vehicle of their choosing. This will be a vehicle of a similar type, same number of seats, fuel type and transmission. The seller has the right to exclude or include any factory fitted extras.
8.5.5 Beyond a period of 6 months following purchase, the Seller has no further responsibility over the vehicle. It is the Buyer's responsibility to ensure they have selected adequate warranty coverage for their vehicle based on their needs and requirements
8.5.6 It is the Buyer's responsibility to take the vehicle to any nominated repairer or the Seller, and the Seller shall accept no liability for such activity. It is the Buyer's responsibility to ensure they have adequate cover in the event of a breakdown.
8.5.7 It is the Buyer's responsibility to obtain an independent report at their own expense
8.5.8 The Buyer may be required to fund repairs to a vehicle prior to reimbursement by the warranty company or Seller
8.5.9 The Buyer must not drive a vehicle if told to do so by the Seller, warranty company or by report from a VAT registered repairer. Doing so may risk further damage and invalidate any repair offered by the warranty company or Seller
8.6 If you’re not happy following the conclusion of our complaint handling procedure, we are accredited to the Vehicle Sales and Service and Repair Codes, and you can complain to The Motor Ombudsman “TMO", (https://www.themotorombudsman.org) who is our certified Alternative Dispute Resolution (ADR) provider. The Motor Ombudsman will offer free impartial information and, if appropriate, an alternative dispute resolution process in the event that you are not satisfied with the outcome of a concern. For further information, you can visit The Motor Ombudsman’s website at www.themotorombudsman.org or call their Information Line on 0345 241 3008. Calls are charged at your local rate.
8.7 The Seller shall not be liable for consequential claim under this Contract.
9. Test Drives
9.1 The Buyer shall hold a valid full UK Driving Licence
9.2 The Buyer shall return the vehicle in the original condition, that is the vehicle shall not be damaged, following a test drive. The Buyer agrees to be liable to re-imburse the Seller to the full value of the repair and replacement of parts in the event of damage arising
9.3 There is a minimum £500 excess contribution, payable immediately on the return of a vehicle from a test drive which is deemed to have incurred damage
