"Customer" means the person identified in the Order as the purchaser of the Goods
“Consumer” means a Customer who is purchasing the Goods for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession "Finance Company" means the finance company that the Customer has entered into a credit agreement with in respect of the Order
"Goods" means the vehicle and and/or parts specified to be purchased or acquired by the Customer on the Order "Manufacturer" means manufacturer of the Goods listed in the Order
"Order" means the order form over the page (to be signed by the Customer and the Seller)
"Part Exchange Allowance" has the meaning given to it in clause 6 of these Terms and Conditions
"Seller" means LSH Auto UK Limited, a company registered in the UK (Company Number 10066569) with its registered office at Mercedes-Benz Of Birmingham Central, Lawley Middleway, Birmingham, United Kingdom, B4 7XH
"Us" or "We" means the Seller "You" means the Customer
2.1.These terms govern the basis on which You will acquire the Goods set out in the Order.
2.2.If We are selling the Goods to You, then certain terms will apply, including those set out at clause 3.
2.3.If You are taking out finance to acquire the Goods, then these terms will apply slightly differently, including those set out at clause 4. This is because We are selling the Goods to the Finance Company, rather than to You directly.
2.4.If You are purchasing the Goods online, or via any other form of organised distance sales scheme for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be entitled to certain additional cancellation rights. These are set out at Clause 8.
2.5.These terms should be read alongside the Order. The Order will provide details of what You have ordered, the price of the Goods, as well as other important information. It (and any Part Exchange Allowance referred to in it) is subject to acceptance in writing by Us.
3.1.If You are a consumer, the Goods will
(a)be of satisfactory quality and fit for any particular purpose made known to Us at the point of delivery of the Goods; and
(b)match the description, sample or model described in the Order.
3.2.If You are a business customer, all statements, conditions or warranties as to the specification or quality of the Goods, or their fitness for any purpose, including those set out in these terms, whether expressed or implied by law, are excluded.
Changes to the Goods
3.3.Subject to Your express agreement, the Goods may be delivered with minor changes to the specification of the Goods, and so may differ from the sample seen by You in a catalogue, showroom, advertisement or online. If the Goods are not what You ordered, or You do not agree to the changes, You may have the right to reject the Goods in accordance with the procedure set out at clause 3.6 below.
3.4.Before signing this Order, You must examine the Goods and complete a Customer's Certificate of Examination. Where You are a consumer, We remind You that the condition of satisfactory quality implied by Section 9 of the Consumer Rights Act 2015 does not apply to defects which would have been obvious when You examined the Goods, or which were specifically drawn to your attention by Us before signing the Order;
3.5.If the Goods have defects which would not have been obvious when You examined them, or which were not specifically drawn to your attention by Us when acquiring the vehicle, You may have the have the right to reject the Goods, in accordance with the process at clause 3.6 below.
Right to reject
3.6.If You have the right to reject, You must let Us know using the contact details set out in the Order. You have 30 days to exercise the right to reject the Goods, starting with the day after the Goods are delivered to You. If You do not reject the Goods within 30 days, You may still have available to you other remedies, including having the Goods repaired or replaced. If You reject the Goods within the first 30 days, We will refund any deposit you have paid without delay.
3.7.If the Goods comprise a new vehicle, they will have the benefit of the Manufacturer's standard warranty, as provided by the Manufacturer at the date of delivery. You can obtain details of that warranty from Us on request. The Goods will also have the benefit of a separate warranty from Us, as provided by Us at the date of delivery. Again, details about the Seller's warranty, including any terms can be obtained from Us on request.
3.8.If the Goods comprise a used vehicle, We will use our reasonable endeavours to obtain for You the benefit of any warranty given by the Manufacturer for any accessories fitted as new to the vehicle.
Payment and passing of risk
3.9.Until the price has been paid in full with cleared funds by You, the Goods will remain the property of the Seller. Where You make payment by cheque, this will be until the cheque has been cleared by the paying bank. The Goods with be the responsibility of the Seller up to the point they are delivered to You or collected by You, if you are responsible for collection. From that point, responsibility for the Goods will transfer to You. If the Goods comprise a vehicle, the actual time of delivery or collection will be the time that the keys to the vehicle are passed to You or your agent.
4.1.We will sell the Goods to the Finance Company, who will then in turn provide the Goods to You under the terms of the separate finance agreement You will enter into with them. The terms under which We sell the Goods to the Finance Company are set out in a separate agreement between Us and them.
4.2.Where You're financing the vehicle, all statements, conditions or warranties as to the specification or quality of the Goods, or their fitness for any purpose, including those set out in these terms, whether expressed or implied by law, are excluded.
4.3.Where You are a consumer, You have the right to withdraw from this agreement up to the point at which You sign the finance agreement with the Finance Company. If You wish to withdraw from this agreement, You must let Us know using the contact details set out in the Order.
4.4.If You're taking out finance to acquire the Goods at a distance within the meaning of the Financial Services (Distance Marketing) Regulations 2004, You may cancel at any time within 14 calendar days, beginning on the day after you received the Goods. In this case, You would receive a full refund for the price paid for the Goods, within 14 days of You having returned the Goods to the Finance Company. More information can be obtained from the Finance Company.
5.1.If you exercise any right to reject (in accordance with clause 3.6 above), or the contract is cancelled under any of the circ umstances set out at clause 8 below, We will provide You with a full refund of any deposit You have paid, without undue delay.
5.2.Where You are financing the vehicle, We will be accountable to the Finance Company for any deposit paid by You. Any refunds of Your deposit will be made to the Finance Company.
6.1.Where You offer a used vehicle in part exchange to acquire the Goods, and We agree to accept the used vehicle as part of the sale and purchase of the Goods, a deduction in the purchase price will be made (the Part Exchange Allowance). This amount will be specified in the Order. Where You offer a vehicle in part exchange and the Order does not specify an amount, the deduction in purchase price will be for an amount to be agreed between You and Us.
6.2.The purchase of your used vehicle will be subject to the following conditions:
(a)the used vehicle is your absolute property. No one else has any rights over the vehicle, and it is free from all encumbrances or charges; or
(b)the used vehicle is subject to a hire purchase agreement or other finance agreement, which is capable of cash settlement by the Seller. In these circumstances, any Part Exchange Allowance agreed shall be reduced by the amount required to settle the outstanding debt.
6.3.You will arrange for the used vehicle to be delivered to Us on or before the Goods are delivered to You (subject to anything different you may agree with Us). The property in the used motor vehicle shall pass to Us immediately upon such delivery. The actual time of delivery will be the time the keys to the vehicle are passed to Us or our agent.
6.4.You agree to provide the following documentation for the used vehicle before completing the purchase of the Goods and at the latest, at the point the vehicle is delivered to Us:
(a)V5 Registration Document;
(b)current MOT Certificate; and
(c)full service history.
In some circumstances We may need proof of your identity and verification that You own the vehicle.
6.5.If You're financing the vehicle, the used vehicle which makes up the Part Exchange Allowance will be acquired by Us at a price equal to the Part Exchange Allowance.
If We're selling the vehicle to You
7.1.We will deliver the Goods to You at the address agreed on the Order, without any undue delay and by the delivery date specified in the Order.
7.2.If We fail to deliver the Goods within 30 days of the date of the Order, You may request that We deliver the goods within an appropriate period of time by giving notice to Us, either by email to email@example.com or in writing to LSH Auto UK, Lawley Middleway, Birmingham, West Midlands, B4 7XH . If the Goods are not delivered to Your within the agreed additional period, you may have the right to cancel in accordance with clause 8 below.
7.3.If You request, We will provide a written explanation as to why there is a delay in delivery. We will always, where possible, take steps to prevent or minimise any delay. However, We will not be liable for any delay which is unavoidably caused by factors beyond our control. In those circumstances We will ensure delivery as soon as reasonably possible.
If You're financing the vehicle
7.4.We will deliver the Goods to the Finance Company under the terms of the separate agreement in place. The Finance Company will then in turn provide the Goods to You under the terms of the separate finance agreement You will enter into with them.
Your right to cancel
If You're a consumer and We're selling the Vehicle to You via an online or distance sale
8.1.If you have purchased the Goods online (or via any other form of “distance” or “off-premises” contract) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will have the right to cancel the Order and this agreement within 14 days of you receiving the Goods, without needing to give any reason.
8.2.To exercise this right to cancel, You must contact Us either by email to firstname.lastname@example.org or in writing to LSH Auto UK, Lawley Middleway, Birmingham, West Midlands, B4 7XH, giving Us a clear statement that shows You want to cancel this agreement. You can use the model cancellation form attached at Schedule 1 to these terms if you want, but You don't have to.
8.3.If You cancel this agreement, We will refund any payments we have received from You. This will include any deposit You have paid and any costs of delivery (except for any extra fees You paid because You chose a type of delivery other than the least expensive type of standard delivery We offer).
8.4.Whilst the Goods are in Your possession, You are only entitled to inspect them in the same way as You would in a vehicle showroom. If there has been any damage to or loss of value in the Goods whilst in Your possession, We can reduce any repayment We make to You to take this into account. In calculating any deduction, We will apply our standard mileage policy as the basis for assessing the reduction in value, but You acknowledge that We are ultimately entitled to apply a deduction that reflects the reduction in market value caused by Your use of the Goods.
8.5.We will make the repayment using the same method of payment You used when paying for the Goods. We will repay You without any undue delay, and not later than 14 days after you return the Goods to Us or prove to us that You have returned them.
8.6.For the avoidance of doubt, you are responsible for the cost of returning the Goods to Us if you cancel the Order in accordance with this clause 8. However, the return delivery must be booked and agreed with Us first in order to ensure the safe return of the Goods.
8.7.You also have a right to cancel this agreement if We fail to deliver the Goods to You within the additional period of time we might have agreed under clause 7.2 above. If You cancel this agreement under clause 7.2, We will refund You all payments we have received from You. This will include any Deposit you have paid.
If You're a consumer and You're financing the vehicle
8.8.As discussed at clause 4.4, if You're taking out finance to acquire the Goods at a distance within the meaning of the Financial Services (Distance Marketing) Regulations 2004, You may cancel at any time within 14 calendar days, beginning on the day after you received the Goods.
Our right to cancel
8.9.If We're selling the vehicle to You, and You fail to take and pay for the Goods, in pounds sterling, within 14 days of being notified by Us that they are ready for delivery, We will be entitled to treat the Order as cancelled.
8.10.We can then sell the Goods for the best price reasonably obtainable and You will be liable for any loss, cost and expense incurred by Us. If You fail to collect the Goods having paid in full, and title having passed to You, then We may store the Goods at your expense for a period of no longer than 90 days. If collection has not taken place in 90 days, the Goods will be sold by Us on your behalf, at the best price that can reasonably be obtained and the proceeds shall be sent to You at your last known address.
9.1.These terms and the Order constitute the entire agreement between You and Us.
9.2.The agreement is entered into on the basis of the following representations:
Where We are selling the Goods to You and you are a consumer
(a)that You are an individual resident in the United Kingdom; and
(b)that You are not acquiring the Goods with a view to them being resold for commercial gain within a period of three months.
(c)If we discover that you intend to sell the vehicle or that you wish to resell the vehicle within three months or 3,000km, then you must immediately remove the vehicle from resale and must give us notice of your intentions and we will reserve the right to have the 1st option to buyback the vehicle limited to the purchase price. Deductions may apply for any damage and usage. It may be worth adding a clause in 10 liabilities along the lines of
For clarity, nothing in this clause will prevent claims from us against you for our retailer margin that Mercedes- Benz UK(MBUK) reclaim from us because you have resold the vehicle within three months or 3,000km. This may be substantial, and you will incur further legal costs and interest, and we will reserve the right to share this information with MBUK and other dealers in the LSH Group which may affect your abilities to purchase other vehicles from us or other Mercedes- Benz Franchisees.
Where We are selling the Goods to You and you are a business
(a)that Your place of business is within the United Kingdom; and
(b)that You are not acquiring the Goods with a view to them being resold for commercial gain within a period of three months.
(c)If we discover that you intend to sell the vehicle or that you wish to resell the vehicle within three months or 3,000km, then you must immediately remove the vehicle from resale and must give us notice of your intentions and we will reserve the right to have the 1st option to buyback the vehicle limited to the purchase price. Deductions may apply for any damage and usage. It may be worth adding a clause in 10 liabilities along the lines of For clarity, nothing in this clause will prevent claims from us against you for our retailer margin that Mercedes- Benz UK(MBUK) reclaim from us because you have resold the vehicle within three months or 3,000km. This may be substantial, and you will incur further legal costs and interest, and we will reserve the right to share this information with MBUK and other dealers in the LSH Group which may affect your abilities to purchase other vehicles from us or other Mercedes- Benz Franchisees.
Where You are financing the Goods
(a)that You have provided the Finance Company with sufficient prior written authority to purchase the Goods on your behalf, and You, as end user of the Goods, are resident in or have your place of business in the United Kingdom.
9.3.If the above representations are found to be false in any way, We reserve the right to cancel the Order. In these circumstances, We will return any deposit paid in accordance with clause 5 above.
10.1.Subject to clause 10.2, if either party fails to comply with these Terms and Conditions, neither party shall be responsible for any losses that the other suffers as a result, except for the losses which are a foreseeable consequence of the failure to comply with these terms and conditions.
10.2.Neither party shall be responsible for any of the following losses:
(a)loss of revenue or income;
(b)loss of anticipated savings;
(c)loss of data;
(d)loss of profits; or
10.3.For clarity, nothing in this clause will prevent claims for foreseeable loss of, or damage to, physical property, including to the Goods.
10.4.Where You are a consumer, this clause 10 does not exclude or limit in any way the Seller's liability for:
(a)death or personal injury caused by the Seller's negligence;
(b)fraud or misrepresentation;
(c)any breach of the obligations implied by section 17 of the Consumer Rights Act 2015;
(d)losses for which it as prohibited by section 7 of the Consumer Protection Act 1987 to limit liability of; or
(e)any other matter for which it would be illegal or unlawful for the Seller to exclude or attempt to exclude from its liability.
11.1.Neither the Seller nor the Customer may transfer or assign any of their contractual rights or benefits under these Terms and Conditions. Both the Seller and the Customer shall have the right to cancel without notice, should this contract be transferred or assigned to any other person except the Customer or the Seller named overleaf, without the prior written consent of the other party.
To LSH Auto UK Limited, Lawley Middleway, Birmingham, West Midlands, B4 7XH / email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/ received on [*],
Name of consumer(s) Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate