1.1."Imperial Autotrade" is the vendor of the Vehicles to the Customer.
1.2. "The Customer", the person contracting for Vehicles to be supplied by imperial Autotrade.
1.3. "Customer," the Client, is a person who, for the purpose of buying, operates wholly or partly outside of his trade, industry, craft or occupation.
1.4. "Vehicle" includes any car, caravan, lorry, trailer, van, invalid carriage, motorcycle and, in general, all accessories and components thereof.
These terms shall reflect the whole Arrangement between the Imperial Autotrade and the Client. They can be changed only by written consent between the parties.
In the case that one or more of the terms and conditions are declared. Unenforceable, the remaining terms and conditions shall still remain in full force and effect.
In the case that one or more of these terms and conditions are declared unenforceable, the remaining terms and conditions shall still remain in full force and effect.
Delivery time is not necessary unless explicitly decided in writing.
6.1Where the date of delivery of the Vehicles is not specified at the time of sale, any date given is an approximation only and depends on the delivery of the Vehicles to Imperial Autotrade by the supplier/manufacturer. Imperial Autotrade will use its best efforts to secure delivery of the Vehicles by the expected delivery date but does not guarantee delivery time.
Imperial Autotrade shall not be required to comply with the instructions in the series in which they are set
If the Vehicles to be supplied by Imperial Autotrade are used, the Vehicle shall be supplied as roadworthy on the date of delivery and, in the case of market purchases (as specified in the Selling of Vehicles Legislation):
7.2. Except in the case of purchases by the Consumer (as defined) all claims, requirements or promises as to the nature of the Vehicles or their fitness for any reason, whether it expresses or implies by law or otherwise, are hereby expressly exempt.
the Deal, the implicit terms of acceptable consistency and fitness for function do not extend in relation to those defects.
If the Vehicles to be supplied by Imperial Autotrade are new, the following requirements shall apply:
8.1. This Arrangement and the distribution of the Vehicles shall be subject to any terms and conditions which the seller or concessionaire may, from time to time, lawfully apply to the delivery of the Vehicles or to the resale of those Vehicles by Imperial Autotrade, and Imperial Autotrade is not liable for any failure to supply the Vehicles induced by its inability to procure it from the producer or to conceive of it. A copy of the terms and conditions presently added by the manufacturer or concessionaire may be reviewed by the Imperial Autotrade Agency.
8.2. Imperial Autotrade undertakes to ensure that the pre-delivery work specified by the vendor or concessionaire is carried out and to use its utmost efforts to procure from the manufacturer or concessionaire for the Consumer the value of any warranty or promise granted to Imperial Autotrade or the Customer in respect of the Vehicle and, except where the Customer does so, to the Customer.
8.3. Any estimates provided under the Car
Tax Deal are provided as guidelines only. Notwithstanding the value of the car tax specified in the invoice, the amount payable by the Buyer in respect of the Order shall be the amount that Imperial Autotrade has lawfully had to pay or is legally obliged to pay the car tax in respect of the Vehicles.
8.4 If, after the date of this Order and before the distribution of the Vehicles to the Customer, the manufacturer's or concessionaire 's suggested price for either of the Vehicles or the definition thereof has been changed, Imperial Autotrade shall inform the Customer of any such modification.
8.5.1. In case of an increase in the suggested price of the Vehicles by the retailer or concessionaire, the amount of any increase that Imperial Autotrade plans to shift to the Customer shall be notified to the Customer. The Consumer shall have the right to terminate the Contract within 14 days of receipt of such notification. If the Consumer should not offer the note alluded to above, the
price rise shall be applied to become part of the contract price.
8.5.2 In the event of a reduction in the recommended price, the amount of such a reduction, if any, The Customer shall be told of the arrangements
of Imperial Autotrade to send to the Customer.
If the amount permitted is not the same as the reduction in the recommended price, Customer can terminate the Contract within 14 days of receipt of such note.
8.6. In the event that the manufacturer of the Vehicles
specified in the Order fails to make Vehicles of that sort, Imperial Autotrade may (whether or not the estimated delivery date has arrived) cancel the Contract on the grounds of annoyance by notification in writing to the Consumer.
8.7. Except in the case of consumer purchases (as defined) all claims, requirements or promises as to the nature of the Vehicles or their fitness for any reason, whether express or implied by law or otherwise, are hereby expressly exempt.
Any difference negotiated between Imperial Autotrade and the Consumer with respect to the Vehicles to be delivered shall be treated as an addition to this Contract and shall not constitute a new contract.
The Consumer shall be responsible for payment of the Items immediately upon notice by Imperial Autotrade that they are ready for delivery. Imperial Autotrade may, at its discretion, require a deposit at the time the Order for merchandise is made by the Consumer and may not be obligated to make the Order or otherwise enter into the Contract until the deposit is paid in full.
11.1 Unless otherwise decided in writing, the distribution of the Vehicles
shall take place at the premises of Imperial Autotrade.
11.2. In the case of termination, the Consumer decides, for some reason whatsoever, to return the Vehicles to the premises of Imperial Autotrade.
12.1 If the Customer fails to pay for and take delivery of his Car within 14 days of notice that the Vehicle is ready for delivery, Imperial Autotrade shall be free to consider the Deal as terminated. If this occurs, or if the Consumer cancels the Deal for some other reason not approved by this Contract, Imperial Autotrade will sell the Vehicle to another user.
Imperial Autotrade shall refund the deposit of the Buyer. Still, before Imperial Autotrade does so, Imperial Autotrade shall be entitled to recover from the deposit the extra costs incurred by Imperial Autotrade in marketing the Vehicle plus any decrease in the purchase price obtained.Imperial Autotrade holds the deposit while Imperial Autotrade shows and advertises the Car for sale. If it is not sold within a fair amount of time, Imperial Autotrade will sell it at the auction.
12.2 Once Imperial Autotrade has sold the Car; Imperial Autotrade will alert Consumer within seven days of how much Imperial Autotrade has spent as a result of having to re-sell. If this number is less than the deposit of the Consumer, Imperial Autotrade will refund the remainder of the deposit with the notice. If the amount reported is greater than the deposit, Imperial Autotrade would include a document stating how much the Consumer owes Imperial Autotrade to make good the deficit. Imperial Autotrade shall consist of copies of any receipts if demanded by the Consumer.
12.3. Imperial Autotrade retains the right to charge a reasonable daily charge for the loading of vehicles or vehicles.
Imperial Autotrade shall be liable for any malfunction or harm to any vehicle or its contents
only if it is incurred by incompetence on the part of Imperial Autotrade or its employees.
The Consumer is highly recommended to delete all objects of value that are not connected to
If the Deal is cancelled according to the terms of clauses 6 or 7 above, the deposit will be returned and the Imperial Autotrade shall not be subject to any further responsibility.
15.1The risk of injury or destruction of the Items shall be at the risk of the Customer as soon as they are put in the actual hands of the Customer or their nominated representative.
15.2. Vehicles shall remain the exclusive and absolute property of Imperial Autotrade as lawful owner until the Consumer has charged Imperial Autotrade the full price along with all storage costs and interest that may be owed to Imperial Autotrade under this Arrangement.
Afterfull payment has been made as stated above, the Consumer agrees that they are in possession of the Vehicles solely as agent of Imperial Autotrade.
15.3. Until the Buyer becomes owner of the Vehicles, and they shall store them separately from their own Vehicles or those of every other individual and in a manner that makes them readily identifiable as the Vehicles of the Imperial Autotrade.
15.4. The Customer's right of control shall cease if he or she, being not a company, goes
bankrupt or if he or she, being a corporation, does something or does something or does something.Refuse to do something that would entitle the Receiver to take ownership of any property or that would authorise any person to make a liquidation motion.
15.5If the Customer's right of ownership ends, they shall inform Imperial Autotrade and promptly make the Vehicles available for collection. For the retrieval of the items, Imperial Autotrade may penetrate any premises on which they are deposited or where they are reasonably considered to be stored and may reposition.
15.6. The Customer shall be free to agree to sell to Imperial Autotrade any Vehicle or any Vehicle manufactured from or with Vehicles subject to the express provision that such Agreement to sell shalltake effect as agents (unless the Customer does not hold himself to be such) whether or not the Customer sells on his own account and that all proceeds thereof shall be kept in confidence. Autotrade's monies.
Imperial Autotrade shall, on any account whatsoever, have a general bond on any property ofthe Customer in its possession on any monies owed to Imperial Autotrade by the Customer.
17.1 In so far as Imperial Autotrade decides to allow part of the price of the Vehicle to be paid by the Buyer who delivers the used Vehicle in part exchange to Imperial Autotrade, it is hereby agreed that the following additional provisions will apply.
17.1.1 the Imperial Autotrade recognises the Vehicle used on the basis of the guarantees provided by the Customer, including but not limited to the age, mileage and condition of the Vehicle.
7.1.2 any such used car is the absolute property of the Consumer and is free from all burdens.
17.1.3 that such the Vehicle is the Vehicle of a lease contract or an agreement or other Contract capable of being negotiated in cash by Imperial Autotrade, in which case the payment shall be limited by the sum needed to be paid by Imperial Autotrade in its settlement.
17.2.If Imperial Autotrade has inspected the said used Vehicle prior to its confirmation and acceptance of this Order, the Vehicle used shall be delivered to it in the same condition on the date of such inspection (with the exception of fair wear and tear).
17.3. Such used Vehicle shall be delivered to Imperial Autotrade on or before the arrival of the Vehicles to be supplied by them hereunder, and the property in the said used Vehicle shall then be transferred to Imperial Autotrade in full.
17.4. Without prejudice to the 17.3. Such used Vehicle shall be shipped to Imperial Autotrade within 14 days of notice to the Buyer that the Vehicles to be supplied by Imperial Autotrade are available for sale.
17.5. If the items to be shipped by Imperial Autotrade are not delivered to the Customer by default on the part of Imperial Autotrade within 30 days from the date of this Order or the expected date of delivery; if that is later, the credit for the said used Vehicle shall be subject to a reduction not exceeding 2,5% for each completed period of 30 days from the date of delivery.
17.6. In the case of failing to comply with all of the above conditions, rather than 17.5. Imperial Autotrade shall discharge any duty to receive the aforementioned used Vehicle or to make any allowance in respect of it, and the Buyer shall pay the full price of the Vehicles to be supplied by Imperial Autotrade in cash.
Vehicles delivered by Order of any person hired by the Customer or by any person fairly assumed by Imperial Autotrade to be the Customer's representative or by any person to whom Imperial Autotrade is entitled to supply the Vehicle shall be paid by the Customer.
If an individual who, as far as Imperial Autotrade is concerned, has the authority to raise Vehicles or Vehicles and does so, Imperial Autotrade shall not be liable to the Consumer for any loss or harm arising from any ground whatsoever. Imperial Autotrade shall not be obligated to affirm the authority of any person legitimately presumed to be an agent or to have been associated with the Customer at any time.
Imperial Autotrade shall be entitled to drive the Vehicle on the road or anywhere as it deems appropriate in connection with the delivery of the Vehicle or the inspection or checking or preparing of any calculation in connection with it. These requirements shall also extend to any vehicle sold by the Consumer in part-exchange according to clause 17.
21.1. Imperial Autotrade will keep the details displayed on the invoice as Data Controllers.
This information can be forwarded to other carefully chosen third-party organisations.
Imperial Autotrade or the Customer may contact the Customer via email, phone or letter to remind the Customer of Vehicles or services that may be of interest to the Customer, or the Customer may be invited to engage in a Customer Survey by either Imperial Autotrade, the car manufacturer or a third party. If the Customer does not want their details to be used in this manner, the Customer should contact Imperial Autotrade by writing to Imperial Autotrade Principal at the address of Imperial Autotrade.
21.2. All arrangements between Imperial Autotrade and the Customer shall be personal to the Customer. The Consumer can by no way delegate his rights or responsibilities to any third party.
22.1. All written notifications issued to the Customer by Imperial Autotrade shall take effect 24 hours after being sent by Imperial Autotrade to the Customer's address specified on the Order or invoice in the usual course of the post.
23.1. Imperial Autotrade retains the right to revoke this Order if it thinks so;
23.1.1. The Consumer plans to re-sell Vehicles outside the European Union
(Contract Territory) for commercial benefit within a term of 12 months;
23.1.2. Whether the Consumer is a company, its place of operation is not within the European Union;
23.1.3 If the Consumer is a banking corporation and either the Vehicles are not bought on behalf of the end-user or they are, and the end-user is not a resident or has business place within the European Union.
23.2. The Consumer shall indemnify Imperial Autotrade and shall pay Imperial Autotrade for all liabilities and direct losses (including, but not limited to, any service commission paid to the manufacturer and any debit back from the manufacturer's profit margin), penalties, costs or expenses sustained by Imperial Autotrade as a result of the export or selling of the Customer (whether or not Imperial Autotrade incurs them)
24.1. If, and only if, the Customer has behaved as a Client, where this Arrangement has been signed outside the premises of Imperial Autotrade and/or without any face-to-face contact between Imperial Autotrade and the Customer; or someone working on the respective behalf of the Customer or Imperial Autotrade, the Customer may offer notice of cancellation of this Agreement within 14 days without providing any further explanation.
24.2 This cancellation period ends 14 days after the date on which the Client, or 3rd party on behalf of the Customer, takes delivery or otherwise acquires physical custody of the Vehicles. To exercise this right to revocation, the Consumer shall notify Imperial Autotrade of its intention to terminate this Arrangement in writing by sending a direct declaration (e.g. a letter delivered by post, fax or email) to Imperial Autotrade 's address.
The Customer can, if they wish, use the attached Model Cancellation Form.
24.3 To reach the cancellation date, it is sufficient for the Customer to submit his
contact indicating his exercise of the right to cancel before the expiry of the cancellation period.
24.4. If the Customer cancels this Arrangement, Imperial Autotrade shall refund to the Customer all payments obtained from the Customer pursuant to this Agreement without unreasonable delay and no later than:-
24.4.1. 14 days after the day from which the Imperial Autotrade collects back the Vehicles ;
24.4.2 (if earlier) Fourteen days after the date from which the Customer presents proof that the Customer has returned the Vehicles; or
24.4.3. If no Vehicles have been supplied, 14 days after the date on which Imperial Autotrade is told of the Customer's decision to terminate this Deal.
24.5 Imperial Autotrade shall make the refund using the same form of payment as the Customer used for the original purchase unless the Customer has expressly decided otherwise. In any case, the Customer may not incur any costs as a result of the refund.
24.6. Imperial Autotrade may withhold the refund until the Imperial Autotrade has received the Vehicles back or the Consumer has sent the Vehicles back to Imperial Autotrade, whichever is the earliest. The Customer can, without unnecessary delay and in any case no later than 14 days after the Customer communicates the cancellation of this Arrangement to Imperial Autotrade, return the Vehicles or return them to Imperial Autotrade 's address.
24.7. This date shall be reached if the Buyer takes the Vehicle back by the expiration of the span of 14 days. Imperial Autotrade would enable the Buyer to pay the expense of returning the Vehicle to Imperial Autotrade.
24.8. The Consumer must take reasonable care of the items when they are in their hands.
The Customer shall be liable for any loss or harm arising from the supply of the Vehicles to the Customer before they are returned to Imperial Autotrade.
24.9. The Buyer shall be responsible for any reduced value of the Vehicles arising from the processing of the Vehicles rather than what is required to assess the quality, characteristics and working of the Vehicles.
Imperial Autotrade retains the right to charge a modest regular charge for the handling of the Car or Vehicle of the Customer.
26.1. In the case of a complaint or disagreement of some kind, the Client should follow the following complaint management procedure: Any formal/written grievances about the Company, its personnel or its services are supposed to be brought to the attention of the Director of the Company. The investigation of the case will be carried out by the Director on behalf of the Company.
The Director shall, on behalf of the Company, send a written reply to the claimant with his conclusions within three working days. If more time is needed for the inquiry, the complainant will be contacted by the end of the third working day with a status report detailing the reasons for the extension of time. The inquiry must be concluded before the end of the fifth working day after the previous communication with the claimant. Oncompletion of investigation, a letter/email will be sent to the complainant explaining the position of the Company.The letter or email will explain the details of the investigation, including the facts of the findings. The letter / email would outline the status of the Organization with respect to the results of the investigation. If the Organization has not got any reply from the plaintiff after the result of the letter / email within one calendar month, the Company will conclude that the case has been entirely settled.