Terms & Conditions
The terms used below have the following meanings:
"Motor Vehicle"
means a motor vehicle which You wish to purchase using Our Services;
"Motor Vehicle Finance Agreement"
means a finance agreement between You and our finance provider governing the sale and finance of the Motor Vehicle;
"Options"
means the options applicable to the Motor Vehicle;
"Price"
means the price for the Motor Vehicle and associated costs as stated in the Purchase Request Form;
"Purchase Request Form"
means the purchase request form which We will send to You which will include the Options, Price, delivery charges (if applicable), estimated delivery date to the Supplier and other details specific to Your purchase;
"Services"
means the intermediary services We provide to assist You to buy a Motor Vehicle from a Supplier;
"Services Agreement"
means the terms and conditions set out below which govern Your use of the Services;
"Site"
means the SCI Car Solutions Ltd website;
"Supplier"
means the third party supplier from whom We will request the supply the Motor Vehicle on Your behalf;
"Supplier Agreement"
means the Supplier's terms and conditions which will apply to Your purchase of a Motor Vehicle;
"We", "Our" and "Us"
mean SCI Cars trading as SCI Car Solutions Ltd;
"You" and "Your"
mean you, Our customer.
“First Owner”
Means you are the first owner of the motor vehicle
“Pre-Registered”
means that you are the second owner
Important points to note
Please take time to read the following important information. Please note that this information is in no way intended to replace the full terms of the Services Agreement and the Supplier Agreement set out below which You should read in full.
· SCI Car Solutions Ltd is a trading name of SCI Cars. You may contact SCI Cars by emailing customerservice@scicars.co.uk or by writing to , SCI Cars Solutions Eastlands II London Basingstoke Hampshire RG21 4AW
· We provide an intermediary service by which You can buy cars from third party suppliers. You will therefore be entering into two separate arrangements: an agreement with Us to provide You with the intermediary services and an agreement with the Supplier to provide You with the Motor Vehicle.
Purchase Agreements
Were You to decide to request the supply of a Motor Vehicle through Us, We would act as Your intermediary to facilitate the transaction, and We outline below the terms and conditions that would apply. By signing the Purchase Request Form, You agree to be bound by the Services Agreement and the Supplier Agreement applicable to Your order without separately signing those agreements. Should You enter into a Motor Vehicle Finance Agreement, you will be entering into a separate agreement with Capital Bank or another finance provider governing the sale and finance of the Motor Vehicle which will apply instead of the Supplier Agreement, but the Services Agreement will continue to apply to those aspects of the Services that are separate to the Motor Vehicle Finance Agreement.
Complaints handling
We are committed to customer service. Should You have any complaint about the Services, We are committed to resolving complaints in a fair and effective manner. Please inform Us by emailing customerservice@scicars.co.uk or by writing to SCI Car Solutions, Customer Service, Eastlands II Basingstoke, Hampshire , RG21 4AW , should you have any complaint about Our Services. We are committed to acknowledging Your complaint within 5 working days of receipt and undertaking all reasonable efforts to resolving it promptly under the circumstances. We will provide you with a time scale for resolving the dispute and keep you regularly updated with respect to our progress.
As described in the Services Agreement and the Supplier Agreement, We act as your intermediary in facilitating your purchase of a Motor Vehicle from a Supplier. This means that in many circumstances resolution of your dispute may not be within our control. As Your intermediary, we will liaise on your behalf with Suppliers to ensure that your concerns are heard.
If your complaint relates to any issues that are specifically addressed by the Services Agreement or the Supplier Agreement, the specific terms and procedures set forth in those agreements will apply to your complaint. This includes but is not limited to any complaints concerning delays or the condition or Options of Your Motor Vehicle upon delivery.
If you would prefer us to fax or e-mail you a copy of the agreement relevant to your purchase, please let us know. You can call our customer services team on 08707 60 50 49.
SERVICES AGREEMENT
Please read the terms of this Services Agreement carefully, as it contains significant information about your rights and duties as our customer. By signing the Purchase Request Form, You agree to the terms of this Services Agreement. It is very important to us that you as our customer understand and agree to the terms of our relationship (so please read on). In the event of any inconsistency, your rights as a UK consumer prevail over the terms of this Services Agreement.
1 Introduction
1.1 You have visited the Site or contacted Us by telephone and wish to purchase a Motor Vehicle using Our Services on the terms of this Services Agreement, which You accept and agree.
1.2 By agreeing to the terms of this Services Agreement, You authorised us to act on Your behalf to place an order for the purchase of a Motor Vehicle from a Supplier and to arrange for delivery of the Motor Vehicle on the terms of the Supplier Agreement.
1.3 This Services Agreement is concluded in the English language. We will retain a copy of this Services Agreement and we will provide you with a copy (which you should read and retain) when we send the Purchase Request Form to You.
2 Our Site
2.1 Our Site is a place for you to view from the comfort of your own home or work place details of Motor Vehicles being offered for sale by Suppliers.
2.2 We will post details of various Motor Vehicles on the Site with Our on-the-road prices and estimated delivery dates to the Supplier based on information we have received from Suppliers.
2.3 We are reliant on third parties, and in particular Suppliers, for the information provided on the Site and we neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site. We aim to resolve these with you once they come to our attention, but you agree that we are not liable for any such error.
2.4 Although care has been taken to ensure the accuracy of the information provided in relation to the Services and on the Site, including information relating to Motor Vehicles and estimated delivery dates, all information is provided without representation by us.
2.5 The Motor Vehicle models pictured on the Site are indicative of the model generally, and may include optional extras, and should not be taken as representing any Motor Vehicle You may choose. As indicated below, should you decide to purchase a Motor Vehicle, You should review the exact Options on the Purchase Request Form, as these will govern your purchase.
2.6 Although we strive to supply all Motor Vehicles listed on the Site, because we source Motor Vehicles from the open market certain Motor Vehicles may not be available at certain periods and Motor Vehicles that are in stock are sold on a first come, first served basis. The Supplier will not agree to supply your Motor Vehicle until we receive cleared funds in the amount of the required deposit in accordance with Clause 4 of this Services Agreement.
3 Ordering process
3.1 if you have indicated that you are interested in a Motor Vehicle and that Motor Vehicle is available, we will send you a Purchase Request Form. If the Motor Vehicle you are interested in is not available, we will contact you to provide possible alternatives. The estimated delivery time in Your Purchase Request Form represents Our best estimate at that time of the time it will take for the Motor Vehicle to be delivered to the Supplier. This is based on information provided by the Supplier and may be subject to manufacturer and other delays and You acknowledge that such delivery is likely to occur later than 30 days after You return the Purchase Request Form to Us.
3.2 If You decide to purchase a Motor Vehicle, You should review and sign the Purchase Request Form and return it to Us. By signing the Purchase Request Form, you will be agreeing to purchase a Motor Vehicle from the Supplier with the Options and at the Price according to the terms of this Services Agreement and the Supplier Agreement. Please review these documents carefully before signing the Purchase Request Form, as they will govern Your relationship with the Supplier and Us. You acknowledge that once We have commenced provision of the Services after receipt of Your Purchase Request Form We will incur certain costs that will not be refundable in the case of a cancellation, even where the cancellation is allowed under Clause 7 of this Services Agreement.
3.3 Depending on the options requested and manufacturer requirements, a deposit (subject to a minimum of £350) will be required.
3.4 After We have received Your deposit payment and a signed copy of the Purchase Request Form or more than 7days cooling off period has elapsed, but not before, We will place Your purchase request with the Supplier on Your behalf. We will confirm to You receipt of these documents and the placement of Your purchase request. We will not be liable to You for any refusal by the Supplier to agree to supply your Motor Vehicle, save that We will be liable to return Your deposit.
4 Prices and Payment
4.1 All motor vehicle prices quoted include VAT, number plates, 12 months Road Fund Licence and the First Registration fee. unless otherwise advised. Please note that merchants' fees may be payable in addition to the Price in accordance with Clause 4.7 of this Services Agreement.
4.2 Prices on the Site are for information purposes only and do not constitute an offer by Us or the Supplier capable of acceptance by You. A contract will not exist between You and the Supplier for the sale of a Motor Vehicle until We have confirmed to You that the Supplier has accepted Your purchase request.
4.3 By signing and returning the Purchase Request Form, You confirm that You have carefully reviewed the Options and wish to purchase a Motor Vehicle with those Options at the Price stated in the Purchase Request Form. After You sign and return the Purchase Request Form, the Options and Price can only be changed by an amendment to the Purchase Request Form or in accordance with the Supplier Agreement, and in cases where the Options are agreed to be changed We will enter into an amendment with You. Any such amendment must be signed by You and returned to Us within 5 working days of the date it was sent to You.
4.4 We are authorised by the Supplier to receive payment on its behalf. We are also authorised by the Supplier to invoice You on its behalf, and You accept that We are so authorised. Payment of the balance due on the Motor Vehicle must be made within 5 working days of Us sending You the final invoice.
4.5 Payment must be made by bank transfer to Our account . The Supplier will not accept Your purchase request until We receive cleared funds into the Account in the amount of the required deposit.
4.6 Deposit and final payments can be made via bank transfer to the Account, or debit or credit card. Where fees are applied, particularly in the case of credit cards, these will be passed onto You in addition to the Price. (Please note that prices on the Site do not include these merchant fees.) Where payment is made by credit or debit card the relevant consumer and credit legislation will apply. We and/or the Supplier will perform a validation check and authorisation check with the card issuer and the Supplier has the right to refuse Your purchase request where the card issuer refuses to authorised payment or where We or the Supplier have any other concerns about Your payment.
4.7 SCI Car Solutions Ltd, are not liable for any changes in price, imposed by the manufacturer, model change, equipment addition, distribution, taxation, or other changes imposed on the ordered vehicle.
4.8
Should the total on the road delivered cost, price, exceed 5% then you have the option to cancel and receive a full refund less our admin fee of £295+ vat.
5 Liability
5.1 Our role is that of broker to Your purchase of the Motor Vehicle and Our sole obligation is to pass the Purchase Request Form on to the Supplier.
5.2 We do not guarantee the title, quality or performance of any Motor Vehicle. We will bear no responsibility if You are not satisfied with the Motor Vehicle purchased but will liaise on Your behalf with the Supplier if You have any complaint.
5.3 The customers will be respectable for any vehicle sold to them in respect of driving, parking, congestion charge or speeding fines, unless the driver committing the offence can be identified. Regard less of the registration name that appears on the V5 Logbook.
5.4 SCI Car Solutions reserve the right to disclose any contact details held by them in respect to item 5.3 if requested by the appropriate authority or at the request of the suppling dealership or the current V5 title holder.
6 Delivery/Registration
6.1 Unless You choose otherwise, You will be responsible for collecting Your Motor Vehicle. If You choose to have Your Motor Vehicle delivered to You, We will arrange with You delivery of the Motor Vehicle to Your home or office in line with the type of delivery You have stated in your Purchase Request Form and the type You have paid for. While We will arrange delivery, the Supplier will undertake, and be responsible for, the actual delivery itself.
6.2 Deliveries are restricted to mainland UK and the cost of delivery is dependent on Your delivery address relative to the Supplier. If the Supplier is within 250 miles of Your home, You agree that the Supplier may drive the Motor Vehicle to You without Your consent.
6.3 Local registrations are not possible.
6.4 If You choose to sell Your existing transportation before You have taken delivery of Your Motor Vehicle We cannot be held responsible for any length of time You may be without transportation.
7. Cancellations
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 You have a right to cancel Your use of Our Services for any reason without charge. This cancellation right begins on the date We agree to commence provision of the Services (the "Acceptance Date") and ends on the expiry of the period of 7 working days beginning with the Acceptance Date (the "Cancellation Period"). However, this right will not apply if We have with Your agreement begun to perform the Services prior to the expiry of the Cancellation Period, or if the car ordered is Pre Registered.
7.2 If You cancel Your use of Our Services after the expiry of the Cancellation Period (or after We have with Your agreement begun to perform the Services prior to the expiry of the Cancellation Period) then We will lose the time We have spent on Your purchase request up to the time at which You cancel and so We reserve the right to charge You a cancellation fee which is sufficient to cover Our lost expenses and administration charges, up to a maximum of £295+vat.
7.3 We will be entitled to cancel this Services Agreement if You materially breach any of its terms, including failure to make any payments when due. In such event We will lose the time We have spent on Your order up to the time of cancellation and so We reserve the right to charge You a cancellation fee which is sufficient to cover Our lost expenses and administration charges, up to a maximum of £495+vat. You agree that We have the right to retain such sum from the deposit paid by You, and We are authorized by the Supplier to make such retention. You may also be liable to pay any additional cancellation fee or costs that the Supplier charges, and Your deposit may be forfeited by the Supplier - please refer to clause 5 of the Supplier Agreement.
7.4 You will be entitled to cancel this Services Agreement if We materially breach any of its terms.
7.5 Any cancellation of this Services Agreement will operate to cancel Your purchase request for the Motor Vehicle and the Supplier Agreement.
8 Acceptance of Motor Vehicle
8.1 The rights set forth in the Supplier Agreement will apply to acceptance of Your Motor Vehicle and any rights You may have relating to Your Motor Vehicle with respect to correction, compensation, or rejection.
9 Finance
9.1 Subject to Your status, if after signing the Purchase Request Form You sign a Motor Vehicle Finance Agreement in relation to the Motor Vehicle, the terms of the Motor Vehicle Finance Agreement will replace the Supplier Agreement. The standard terms of the Motor Vehicle Finance Agreement will be stated on the agreement form that You will be asked to sign prior to the making of the Motor Vehicle Finance Agreement.
9.2 The payment terms of the Motor Vehicle Finance Agreement will apply instead of Clause 4 of this Services Agreement. Any deposit paid pursuant to Clause 4 will be credited towards the deposit required under the Motor Vehicle Finance Agreement.
9 .3 The withdrawal and cancellation rights of the Motor Vehicle Finance Agreement will apply instead of those contained in the Supplier Agreement.
10 Data Protection
10.1 In the performance of this Services Agreement, We will collect certain personal information relating to You (such as Your name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"), but We will not collect or process sensitive personal information relating to You (such as Your political or religious beliefs, racial or ethnic origin, sexual life or health) without Your explicit consent.
10.2 Your Personal Information will be processed by Us for the following purposes (collectively "the Purposes"):
10.2.1 the performance of this Services Agreement and the Supplier Agreement;
10.2.2 to check Your credit record with any credit reference agencies and for fraud prevention purposes (which will include the supply of Your Personal Information to third parties for such purposes) should You decide to apply for a Motor Vehicle Finance Agreement with Capital Bank or another finance provider;
10.2.3 SCI Car Solutions Ltd is part of SCI Group. We may use Your Personal Information (other than credit card or bank account details) to keep You informed by post, telephone, e-mail or other electronic means about products and services which may be of interest to You. By providing Us with Your Personal Information, You consent to being contacted by these methods for these purposes. If You do not wish to receive marketing information from Us, please notify Us by e-mail at customerservice@scicars.co.uk You must include Your name and address and state one of the following in Your e-mail to Us: Please don't contact us except for SCI Car Solutions Ltd related product and services.
10.3 For the Purposes, We may transfer or disclose Personal Information to Our professional advisers and to such other parties as We consider necessary or helpful in the administration of this Services Agreement, the Supplier Agreement and any Motor Vehicle Finance Agreement or if required by law or otherwise. Normally, the professional advisors or other parties will be based either in the United Kingdom or (if outside the United Kingdom ) within the European Economic Area. However, if necessary for the Purposes, by entering into this Services Agreement You also consent to Our transferring Your Personal Information to countries or jurisdictions which do not provide the same level of data protection as the United Kingdom . If We do make such a transfer We will, if appropriate, put a contract in place to ensure that Your Personal Information is protected.
10.4 By entering into this Services Agreement, You consent to the processing and disclosure of the Personal Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following notification to You
10.5 We agree to keep all Personal Information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
10.6 If You wish to update or correct any inaccuracies in Your Personal Information or if You have any other comments or complaints in relation to this Services Agreement or the Purchase Request Form please let us know by e-mail to customerservice@scicars.co.uk
10.7 Use of Cookies on Our Site
A cookie is a text-only string of information that a web site transfers to the cookie file of the browser on Your computer's hard disk so that the web site can remember who You are.
A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
Two types of cookies are used on the Site:
1 Session cookies which are temporary cookies that remain in the cookie file of Your browser until You close the browser.
2 Persistent cookies which remain in the cookie file of Your browser for much longer (though how long will depend on the lifetime of the specific cookie).
Cookies can help a web site to arrange content to match Your preferred interests more quickly. Most major web sites use cookies. Cookies cannot be used by themselves to identify You.
10.8 How We use cookies and what information We collect
Session Cookies
· To allow You to carry information across pages of Our Site and avoid having to re-enter information.
Persistent Cookies
· To help Us recognize You as a unique visitor (just a randomly generated number) when You return to Our Site and to allow Us to tailor content or advertisements to match Your preferred interests or to avoid showing You the same adverts repeatedly.
· Within research surveys to ensure You are not invited to complete a questionnaire too often or after You have already done so.
· To track whether advertisements are clicked on by users.
Third Party Cookies
Third parties serve cookies via this Site. These are used for the following purposes:
· To compile anonymous, aggregated statistics that allow Us to understand how users use Our Site and to help Us improve the structure of Our Site. We cannot identify You personally in this way. For more information and to opt-out of cookies used for this purpose please visit the Red Sheriff privacy policy.
· To serve advertisements on Our Site and track whether these advertisements are clicked on by users.
10.9 Use of Web Beacons
Some of the pages on our Site may contain electronic images known as web beacons (sometimes known as clear gif's) that allow Us to count users who have visited these pages. Web beacons collect only limited information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.
10.10 Disabling/Enabling Cookies
You have the ability to accept or decline cookies by modifying the settings in Your browser. However, You may not be able to use all the interactive features of Our Site if cookies are disabled.
For information about how to disable cookies in your browser please visit the About Cookies web site.
11 Warranties And Limitation Of Liability
11.1 Your warranties are as set forth in the Supplier Agreement.
11.2 In the event that We breach this Services Agreement or any other legal duty of care owed to You by Us, We will not be liable for any loss or damage caused by Us which is not a reasonably foreseeable result of such breach. However, nothing in this Services Agreement is intended to limit or exclude Our liability for death or personal injury or for fraudulent misrepresentation or any liability that may not legally be limited or excluded.
11.3 Subject to Clause 11.2 of this Services Agreement, Our total liability howsoever arising out of or in connection with this Services Agreement will be limited to the Price of the Motor Vehicle supplied.
12 Our performance
12.1 Our performance under this Services Agreement will be excused if We are unable to perform due to any cause beyond Our reasonable control.
13 Amendments
13.1 Any amendments or modifications to this Services Agreement (including the Purchase Request Form) must be in writing and agreed by You and Us. For the avoidance of doubt, the Motor Vehicle Finance Agreement will be a separate agreement made between You and Capital Bank or another finance provider and the Supplier Agreement is a separate agreement made between You and the Supplier.
14 Notices
14.1 Any notice under this Services Agreement (including any amendment to the Purchase Request Form) may be given by first class post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.
15 Assignment
15.1 We may at any time without prior notice to You cause all or any part of Our rights, benefits and/or obligations under this Services Agreement to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which We transfer all or a significant part of Our assets by delivering to You a written substitution notice.
15.2 This Services Agreement is personal to You and You may not transfer it without Our prior written approval. Such approval will not be withheld without good reason.
16 Complaints
16.1 If You have any complaint about Our performance, please contact Our customer services department by writing to SCI Car Solutions, Customer Service, Eastlands II Basingstoke, Hampshire, RG21 4AW, or by email to customerservice@scicars.co.uk, who will look into the complaint and attempt to resolve it.
17 Governing Law and Jurisdiction
17.1 This Services Agreement is governed by English law. If a dispute arises from this Agreement which cannot be resolved, then You and We hereby submit to the non-exclusive jurisdiction of the English Court , provided that You must bring court proceedings within the United Kingdom .
18 Your Rights/Third Party Rights
18.1 As a consumer, You have certain statutory rights regarding the rejection of defective services and claims in respect of losses caused by Our negligence or failure to meet Our obligations. The terms of this Services Agreement shall not affect Your statutory rights.
18.2 A person who is not a party to this Services Agreement shall acquire no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.
SUPPLIER AGREEMENT
By signing the Purchase Request Form, unless Clause 10 below applies, You agree that in addition to the Services Agreement these terms and conditions will apply to Your purchase of the Motor Vehicle from the Supplier. In the event of any inconsistency, Your rights as a UK consumer prevail over these terms and conditions.
1 Request Form
1.1 You have decided to purchase a Motor Vehicle from a Supplier using Us to act as an intermediary on Your behalf in accordance with the terms set forth in Your Services Agreement with Us. Unless otherwise indicated, all capitalised terms used herein will have the same meaning as in Your Services Agreement with Us.
1.2 By submitting a Purchase Request Form, You agree that these terms and conditions will apply to the Supplier's supply of the Motor Vehicle.
1.3 We are authorised by the Supplier to seek purchase requests for Motor Vehicles and to receive payment of the Price on its behalf.
2 Motor Vehicle Options and Price
2.1 The Purchase Request Form will attach detailed Options and if the Supplier agrees to supply the Motor Vehicle it will order the Motor Vehicle in accordance with these Options. By signing and returning the Purchase Request Form, You confirm that You have carefully reviewed the Options and wish to purchase a Motor Vehicle with those Options at the Price. After Your signed Purchase Request Form is accepted by the Supplier, the Options and Price are fixed and may only be changed as follows:
2.1.1 if You request changes to the Options, the Supplier will make such changes where practicable. If it is not practicable to make the requested changes, You agree to accept the Options as originally ordered. Any amendments must be signed and returned to Us within 7 days otherwise the Price may vary or a delay to Your order may result;
2.1.2 if, between the date the Supplier accepts Your purchase request and the date we notify You that the Motor Vehicle is ready for delivery:
2.1.2.1 the manufacturer changes the Options or model year then You will have the option either to accept the Motor Vehicle with the changed Options or model year (and pay any resulting increase to the Price) or cancel the order and receive Your deposit back in full. If You decide to cancel then the cancellation fee referred to in Clause 7.2 of the Services Agreement will not be payable;
2.1.2.2 the manufacturer increases its price for the Motor Vehicle for any other reason then You will have the option either to pay the increase or cancel the order and receive Your deposit back in full. If You decide to cancel then the cancellation fee referred to in Clause 7.2 of the Services Agreement will not be payable;
2.1.2.3 the cost of road fund licence or the rate of value added tax increases then You will be required to pay the increased amount.
3 Payment
3.1 The Supplier agrees that payment for the Motor Vehicle will be arranged through Our Account. The Supplier agrees that You will have satisfied Your obligation to pay the Price of the Motor Vehicle by paying it in accordance with those arrangements.
4 Delivery, Delays and Title
4.1 The Supplier will do all that it reasonably can to deliver the Motor Vehicle to You within the time scale notified to You. However the Supplier will not be liable for any delay in the delivery of the Motor Vehicle which is caused by circumstances beyond its control (such as delays by the manufacturer). You should be aware that it is not uncommon for delays to occur. We or the Supplier will inform you as soon as possible if it is unable to deliver the Motor Vehicle by the estimated delivery date.
4.2 The Motor Vehicle will remain the property of the Supplier until payment is received by Us in accordance with the Services Agreement.
4.3 The Motor Vehicle will remain the responsibility of the Supplier until You take delivery of it.
4.4 Once Your Motor Vehicle is registered, should You request a delayed delivery for any reason then the Supplier agrees to do all that it reasonably can to keep the Motor Vehicle at its premises. You agree to pay for the Motor Vehicle in full and it will be held subject to a storage fee of £150+vat per month or part there of.
4.5 If You choose to have the Motor Vehicle delivered to You, then on delivery the Motor Vehicle may not be totally clean and may have suffered reasonable wear and tear as a result of the journey. You accept that the Supplier will not be liable for such wear and tear unless it goes beyond what could reasonably be expected as a result of the journey.
5 Cancellations
5.1 The Supplier may cancel Your Purchase Request Form if any of the following occurs:
5.1.1 the manufacturer ceases to make the type of Motor Vehicle You ordered;
5.1.2 the Purchase Request Form has been formed upon the basis of a substantive error in relation to any term of the Purchase Request Form including a typographical or mathematical error with respect to the Price or Specification;
5.1.3 You materially breach any term of this Supplier Agreement, including failure to make any payments when due; or
5.1.4 You fail, within 14 days of being asked to do so, to nominate an address in mainland Great Britain for the Supplier to deliver the Motor Vehicle to You.
5.2 If the Supplier cancels Your Purchase Request Form pursuant to clause 5.1.3 or 5.1.4 of this Supplier Agreement, then the Supplier will do its best to find an alternative buyer for the Motor Vehicle. If the Supplier cannot find an alternative buyer, it reserves the right to forfeit some or all of Your deposit as compensation for any losses caused directly by Your breach.
5.3 You may cancel Your Purchase Request Form:
5.3.1 if the Supplier materially breaches this Supplier Agreement;
5.3.2 if the Purchase Request Form has been formed upon the basis of a substantive error in relation to any term of the Purchase Request Form including a typographical or mathematical error with respect to the Price or Specification; or
5.3.3 in the circumstances outlined in Clause 2.1.2 of this Supplier Agreement (change of Options or model year, or increase in Price, by the manufacturer).
5.4 In addition, You have a right under the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") to cancel Your purchase request for any reason without charge. This cancellation right begins on the date Your order is taken by the Sci Car Solutions and ends on the expiry of the period of 7 working days beginning with the day after the day on which You take delivery of the Motor Vehicle. Any monies You have paid will be returned. You will not have a right to cancel if the Motor Vehicle is pre- registered or has been made to Your specification or clearly personalised. However, this would only apply if You wanted the Supplier to customise the Motor Vehicle beyond the pre-defined manufacturer specific options available.
5.5 If You exercise Your right under the Regulations to cancel Your order after delivery of the Motor Vehicle, You:
5.5.1 will at the Supplier's option either return the Motor Vehicle to the Supplier at Your expense or allow the Supplier to collect the Motor Vehicle from You. If the Supplier elects to collect the Motor Vehicle from You it will be entitled to charge you an amount equal to its direct costs of recovery; and
5.5.2 must keep the Motor Vehicle in a good condition until it is either returned or collected, and this means that You may not increase the mileage shown on the Motor Vehicle's odometer by more than 30 miles compared with the mileage at the time of delivery.
5.6 You must when the Motor Vehicle is returned or collected provide to the Supplier the keys, V5 registration document and all other documentation and items supplied with the Motor Vehicle.
5.7 If the Motor Vehicle has suffered any damage which was not caused by Us or the Supplier, then You will still be entitled to cancel Your order but We (on behalf of the Supplier) will be entitled to reduce the amount to be refunded to You following cancellation to compensate for the cost of repairing the damage and/or any reduction in the Motor Vehicle's value.
6 Acceptance of Motor Vehicle
6.1 You will inspect the Motor Vehicle on delivery to check that it does not have any of the following: (i) (in respect of brand new cars only) mileage in excess of 300 miles on the clock (unless You have waived this and are having the Motor Vehicle driven to You); (ii) any damage; or (iii) missing options to those listed in the Purchase Request Form or any amendment thereto (as applicable). If any of the foregoing exists, You will inform Us immediately at the point of delivery, notate it on the delivery sheet and it will be corrected where possible or a refund given up to the value of the missing item, except that if there is structural damage We will return the Motor Vehicle to the Supplier for a refund of the Price.
6.2 Where a Motor Vehicle is properly rejected under Clause 6.1 of this Supplier Agreement, We will arrange for collection of the Motor Vehicle from You until which time You agree to keep the Motor Vehicle in a safe and covered area.
7 Warranties, Liability and Indemnity
7.1 The Supplier warrants that the Motor Vehicle:
7.1.1 is owned by the Supplier and the Supplier is entitled to freely sell it to You;
7.1.2 is of satisfactory quality;
7.1.3 is free from defects in materials or workmanship;
7.1.4 is not subject to any charges or other encumbrances;
7.1.5 complies in all respects with the Options unless the manufacturer changes the model specifications or model year provided that You have agreed to this in accordance with (and subject to) Clause 2 of this Supplier Agreement;
7.1.6 (in respect of brand new cars only) is brand new and has not previously been driven (although may have necessary movement mileage); and
7.1.7 has not had any structural repair work carried out.
7.2 Without prejudice to Clause 7.1 of this Supplier Agreement, the Supplier further warrants that:
7.2.1 The manufacturer is the producer of the Motor Vehicle for the purposes of the Consumer Protection Act 1987.
7.2.2 The Motor Vehicle is free from defects in materials and workmanship for at least one year from the date of first registration and You will obtain the benefit of the manufacturer warranty. For the avoidance of doubt, this includes the right to reject the Motor Vehicle to the manufacturer and obtain a replacement.
7.3 Any inspection of the Car before delivery will not relieve the Supplier from liability under this Supplier Agreement (including Clauses 7.1 and 7.2 of this Supplier Agreement), whether or not such breach is identifiable on inspection.
8 Governing Law and Jurisdiction
8.1 This Supplier Agreement is governed by English law. If a dispute arises from this Agreement which cannot be resolved, then You and the Supplier hereby submit to the non-exclusive jurisdiction of the English Court , provided that You must bring court proceedings within the United Kingdom .
9 Your Rights/Third Party Rights
9.1 As a consumer, You have certain statutory rights regarding the rejection of defective goods and claims in respect of losses caused by the Supplier's negligence or failure to meet its obligations. The terms of this Supplier Agreement shall not affect Your statutory rights.
9.2 A person who is not a party to this Services Agreement shall acquire no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.
10 Finance
10.1 Subject to Your status, if after signing the Purchase Request Form You sign a Motor Vehicle Finance Agreement with Capital Bank or any other finance provider in relation to the Motor Vehicle, the terms of the Motor Vehicle Finance Agreement will replace this Supplier Agreement. The standard terms of the Motor Vehicle Finance Agreement will be stated on the Motor Vehicle Finance Agreement form that You will be asked to sign.