BUS & TAXI’S DIRECT LTS T/A THE TAXSI SHOP

TERMS & CONDITIONS OF VEHICLE SALES

1.CONTRACT

1.1. The customer order form for the sale of a motor vehicle and conversions and accessories, if any, (“the Goods”) by us, Bus & Taxi’s Direct Ltd t/a The Taxi Shop (“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 vehicle order form (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.

1.3 This contract is a business-to-business sale between us the Seller and you the Buyer, this means your rights to cancel as per the UK Consumer Contracts Regulations, which came into force in 2014 does not apply.

1.4 It is the sole responsibility of the purchaser to ensure that the vehicle being purchased complies with local authority condition and by-laws and is for the intended purpose of use within the Buyers business.

1.5 You, as the Buyer and acknowledging the above and are fully aware that you are entering into a legally binding contract with us the Seller, Bus & Taxis’ Direct T/A The Taxi Shop.

2.PRICE AND PAYMENT

2.1. All of our vehicles are secured with a £1000 deposit unless otherwise agreed with the senior management. This will be 100% refundable should you choose not to go ahead with your order for whatever reason unless your order includes coachbuilding, personalisation, modifications or specifically sourced vehicles purchased at your request. All refunds in this instance will be at the discretion of management at The Taxi Shop.

2.2 Any deposits taken on a customised order or vehicle conversion, will be non-refundable. This is stated at the time of purchase and again in your customer order form.

2.3The 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 vehicle order form has been paid in full. Means of payments are cash up to the value of £7,500.00, bank transfer, card payment (to the maximum value of £3,000.00 unless otherwise agreed prior) our brokers finance or your own credit finance.

2.4 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 finance company.

2.5 Payment must be received 48 hours prior to the delivery date, if payment is late delivery will need to be re-scheduled for a later date.

3.DELIVERY

3.1. The Seller will endeavour to secure a delivery date or dates, but shall be under no liability what-so-ever for any loss incurred by delay in delivery arising out of any cause beyond the control of the Seller.

3.2 All vehicle must be signed for by the buyer, any vehicles signed for by a 3^rd party must be agreed in writing prior to the delivery.

3.3 It is the buyer’s responsibility to inspect the vehicle in its entirety/on its receipt and note very clearly any defects or damage when signing for the vehicle, as any defects or damage reported after this may not be accepted by the manufacturer or the Seller Bus & Taxi’s Direct t/a The Taxi Shop. The buyer will receive a copy of this before the delivery driver leaves.

3.4 If for any reason you identify anything untoward, please contact the Taxi Shop immediately on 01525 717695 to report any issues before the delivery driver leaves.

3.5 It is very unlikely that a vehicle will arrive direct from the manufacturer damaged, however due to the volume of vehicles we sell, we do see it on a rare occasion. It is vitally important you report these issues as stated above to ensure we can communicate with the manufacturer to put these issues right, as claims not listed on delivery are harder to get authorised.

3.6 All Scotland deliveries will incur a surcharge fee of £600.00, due to the distance and extra costs incurred.

4. MANUFACTURE DELAYS AND CANCELLATIONS

4.1 The Seller may at any time cancel or delay the contract if the manufacturer ceases to make the Goods in the time frame agreed or if the manufacturer ceases to supply the Goods to the UK market. If the Seller is unable to supply any option or accessory, whether factory fitted or otherwise, the Seller may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted. The inability of the Seller to supply an option or accessory shall not constitute a breach of contract or entitle the Buyer to reject the Goods.

5. GOVERNMENT VED INCREASES

5.1 The government, in recent times have been increasing the VED on new vehicles without warning, , if they do this this cost will be passed on to the Buyer. This is out of our control and completely Government led.

6. 3^rd PARTY FINANCE FUNDERS

6.1 We, The Taxi Shop will work with your funder to ensure your payment is made; however, we have strict guidelines we work too.

6.1.1Trackers will not be fitted to any vehicle prior to payment being made, this is non-negotiable.

6.1.2. Purchase invoices will never be shared with anyone outside of Bus & Taxi’s Direct Ltd t/a The Taxi Shop, this is unnecessary and will not be provided, neither will bank statements showing the payment has been made.

6.1.3. It is the Buyer’s responsibility to leave enough time to start funding paperwork prior to organising a delivery date, this process usually takes between 1-2 weeks depending on the funder.  If we are aware, you are going through a 3^rd party funder no delivery slots will be made available until paperwork has been started and a payment date is received.

6.2. All funder payments must be received by The Taxi Shop 72 Hours prior to delivery or delivery will need to be re-scheduled for a later date.

7.PART EXCHANGE

7.1.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:-

7.1.1. 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

7.1.2. If the vehicle is subject to outstanding finance, the Buyer must inform the seller at point of sale.

7.1.3 All part exchange prices are subject to change on discovery of undisclosed issues, missing service paperwork, or accessories such as keys, locking wheel nuts etc.

7.1.4. The log book must be of the registration on the vehicle and not of a private registration

8.FAILURE TO COLLECT GOODS

8.1.If the Buyer fails to take and or pay for the Goods within fourteen days after written notification by the Seller that the Goods are ready for delivery, the Seller shall be at liberty to treat the contract as terminated by the Buyer, and thereupon the deposit shall be forfeited and any sums paid by the Buyer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which the Seller may have suffered or incurred by reason of the Buyer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and the Seller shall be under no further liability to the Buyer.

8.2. The Seller may, at its option following such termination elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause). This clause 5 shall be in addition to and without prejudice to the Seller’s right to recover from the Buyer by way of damages any loss or expense which the Seller may suffer or incur by reason of the Buyer’s default.

9. NEW GOODS

9.1. The delivery of the Goods shall be subject to any terms and conditions of the manufacturer/concessionaire regarding the supply or resale of the Goods by the Seller and the Seller shall not be liable for any failure or delay caused by or resulting from the Seller’s compliance with such terms and conditions.

9.2. In the event of the manufacturer of the Goods above described ceasing to make a vehicle of that type (whether the estimated date of delivery has arrived or not) the Seller shall be at liberty to declare this contract to be at an end and return the deposit to the Buyer without any further liability on his part. The Seller will, however, use reasonable endeavours to offer to the Buyer another vehicle of a similar type but the Buyer shall be under no obligation to accept such vehicle.

9.3. In the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Buyer accepts that the specification may vary from the British specification.

9.4. In the event that the manufacturer is unable to accept the order for the Goods then the Seller may, by notice in writing to the Buyer cancel the contract. Upon such cancellation any deposit paid by the Buyer shall be returned and the Seller shall be under no further liability to the Buyer.

9.5. All funder payments must be received by The Taxi Shop 72 Hours prior to delivery or delivery will need to be re-scheduled for a later date.

10.EXAMINATION OF GOODS AND RELIANCE

10.1. Prior to signing the vehicle order form 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.

10.2. 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.

11.CLAIMS

11.1. Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to the Seller, the Seller shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Buyer the price of the Goods (or a proportion part of the price), but the Seller shall have no further liability to the Buyer.

11.2. 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 of such dispute by mediation through the CTSI approved Alternative Dispute Resolution provider Motor Codes (https://www.themotorombudsman.org) and this provision shall not apply if the Seller shall have sent a letter before action to the Buyer and no response has been received within 7 days after such letter before action shall have been deemed to have been received.

11.3. Any notice or letter under or in connection with this contract shall be in writing and shall be served by hand on the party or sent by recorded delivery at or to the address of the party set out in this contract or at or to such other address as may be subsequently notified in writing by one party to the other and in the absence of evidence of earlier receipt any notice shall be deemed to have been received and duly served:-

11.3.1. When delivered if delivered personally; or

11.3.2. Two days after posting if sent by recorded delivery.

12.WARRANTY

12.1. If the Goods are new and described in the catalogue or price list of the manufacturer or concessionaire, the Seller undertakes to assist the Buyer in obtaining from such manufacturer or concessionaire the benefit of any warranty or guarantee given by him to the Seller in respect of the Goods.

12.2. The Seller shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Buyer.

12.3. In the case of the Goods being a second-hand vehicle, the Seller shall transfer to the Buyer the unexpired portion of the manufacturer’s warranty (if any) together with the Bus & Taxi’s Direct Ltd T/A The Taxi Shop 3 month or 5 thousand miles warranty (whichever comes sooner), the value is capped at £1000.00. The number of claims is unlimited but together is limited to the value of £1,000.00. The Buyer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and subject to paintwork and/or bodywork repairs that may have been carried out to it.

12.4. Vehicles purchased with any remaining manufacturer’s warranty, must first be applied under the relevant main dealer, prior to a claim being made through The Taxi Shop. If for any reason the manufacturers warranty does not cover said fault, the claim will default to the Taxishop warranty up the value stated in clause 12.3.

12.5. It is the responsibility of the customer to ensure they have adequate insurance and breakdown cover in place should they need transportation to their closest main dealer for manufacture warranty works or local repairer if the manufacture warranty is inapplicable as stated in clause 12.4. The Taxi Shop will not  reimburse customers for recovery or transportation of immobile vehicles due to break downs or faults and will not accept any liability for loss of earnings resulting from break downs or faults.

13. DISTANCE AND OFF PREMISES CONTRACTS

13.1. In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , if the Buyer entered into this contract (1) without face-to-face contact with the Seller or (2) after placing an order during the simultaneous physical presence of the Buyer and Seller at a place which is not the Seller’s premises or (3) by a distance communication immediately after the Buyer was addressed during the simultaneous physical presence of the Buyer and the Seller at a place which is not the Seller’s premises then the Buyer may NOT cancel the contract without giving any reason up to 14 days after the day upon which the Buyer (or anyone on the Buyer’s behalf) takes possession of the Goods  as this is a business to business sale as stated above in clause 1. Though extenuating circumstances will be considered by management.

13.2. In order to exercise the right to cancel the Buyer must send to the Seller a clear statement by email or letter to this effect.

13.3. If the Goods are made to the Buyer’s specifications or clearly personalised then the Buyer does not have the right to cancel the contract.

14.DEFECTIVE GOODS

14.1. Without prejudice to clause 11 above any claim by the Buyer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller as above the Buyer shall be deemed to have accepted the Goods.

14.2. If the Buyer is a person engaged in the motor trade, 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 consumer afforded protection under the Consumer Rights Act 2015.

15. TRADE DISCOUNTS

15.1 When purchasing new vehicles from Bus & Taxi Direct Ltd t/a The Taxi Shop, it will ery likely have been heavily discounted to directly benefit those in the hire and reward industry. As a result, you will be obliged to retain ownership of the vehicle for a minimum mandatory period of 12 months from the date of delivery.

15.1.2 This minimum retention period is required as part of the terms of the discount received by you The Buyer. This ensures that the discount cannot be capitalised on if the vehicle was to be sold before this time. This retention of ownership also encourages the manufacturers to continue supplying discounted vehicles into the trade, allowing all taxi industry and hire & reward vehicle owners to benefit from the discounts.

15.1.3 If it becomes apparent that a vehicle has been sold before this 12-month retention period, the discount could be, required to be paid in full to the manufacturer.

15.1.4 We the Supplier, reserve the right to not sell new discounted vehicles to you, if you have sold your vehicle prior to the 12 month retention period, thus breaking our terms.

16. CONVERSIONS

16.1. No coachworks will be started on a conversion without an up to date finance acceptance in place, this includes 3rd party funders. Once we have an acceptance in place the conversion will be started. Manufacturers have reduced turnaround time on registration expectations and so we have a shorter window to ensure the sale is finalised.