In these terms and conditions ("Conditions"):
"Seller" "we" "our" or "us" means Ford Retail Limited;
"Business Customer" means a Customer who is not a Consumer.
"Consumer" means a Customer who is a consumer within the meaning of the Consumer Rights Act 2015
“Customer” “You” or “Your” means You as an individual consumer or as the person responsible within a Regulated Business or Non-Regulated Business.
“Finance Agreement” means an agreement entered into by a Customer with a Finance Provider in order to hire or lease the Vehicle identified in Your Order. This is a separate agreement which You enter into with the Finance Provider. We may receive a commission payment from these Finance Providers; This agreement will be either:
“Finance Payments” means the amounts payable to the Finance Provider which include the Initial Payment, the monthly payments and any final payment (where relevant);
“Finance Provider” means the company who will provide the finance for the Vehicle(s) set out in the Order Form and the Finance Agreement(s), to whom You will make Your Finance Payments for the duration of the Finance Agreement(s);
"Manufacturer" means the manufacturer of the vehicle the subject of this agreement.
1.1. These Conditions apply to the contract between you and us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2. An order constitutes a request by You for the procurement of the vehicle in accordance with these Conditions which shall be purchased by a Finance Provider and hired by You under a Finance Agreement. You are responsible for ensuring that the terms of the order are complete and accurate.
1.3. The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract shall come into existence.
1.4. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01206 754600 or write to us at customercare@trustford.co.uk or Customer Care, Ford Retail Limited, 2 Charter Court, Newcomen Way, Colchester, Essex, CO4 9YA. Alternatively, please speak to one of our staff at our premises.
Clause 1.5 applies to Business Customers Only
1.5. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.1. During the order process we will keep you informed of your vehicle’s delivery date.
2.2. If you do not collect the vehicle from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the vehicle from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
2.3 Following delivery of the Vehicles, You will be responsible for keeping the Vehicles properly maintained and serviced in accordance with the Manufacturer’s guidelines (save as otherwise agreed), and the terms of any Finance Agreement where applicable.
2.4 Vehicles are usually driven to Your home or place of work by a delivery agent. In some cases, the Vehicle may be transported on a ‘low loader’ truck, but this is not usually the case. If Your Vehicle is being delivered via a transporter at Your request, this will usually incur an additional charge. We ask that You provide Us will all information required to ensure delivery is made on the agreed date and that You are available to take delivery. We reserve the right to charge You additional sums if You do not give Us information, We've asked for about how to access Your property for delivery. Cancelation of the delivery of Your Vehicle within 48 hours of the delivery date, may incur a cancellation charge.
2.5 It is Your responsibility to fully check the Vehicle inside and out upon delivery to see that it is in good condition and that the specification is as required (as per Your Order Form).
Clause 2.6 applies to Business Customers only
2.6. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the vehicle that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the vehicle.
Clause 2.7 to 2.10 inclusive applies to Consumers only
2.7. If our supply of the vehicle is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
2.8. You have legal rights if we deliver the vehicle late. If we miss the delivery deadline for the vehicle then you may treat the contract as at an end straight away if any of the following apply:
2.8.1. we have refused to deliver the vehicle;
2.8.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
2.8.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
2.9. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 2.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
2.10. If you do choose to treat the contract as at an end for late delivery under clause 2.8 or clause 2.9, you can cancel your order for the vehicle and, where an order is for multiple vehicles, you can reject a vehicle that has been delivered or reject or cancel the order for some of those vehicles (not all of them). After that we will refund any sums you have paid to us for the cancelled vehicles and their delivery. If the vehicles have been delivered to you, you must either return them or allow us to collect them in accordance with clause 3.2 below.
The whole of clause 3 applies to Consumers only
3.1. We are under a legal duty to provide goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights as a Consumer. These are subject to certain exceptions.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
3.2. If you wish to exercise your legal rights to reject products you must either return them, together with all keys and documentation, in person to where you bought them, or (as they are not suitable for posting) allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01206 754600 or email us at customercare@trustford.co.uk to arrange collection.
4.1. If the goods to be supplied by us are new:
4.1.1. this agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer may from time to time lawfully attach to the supply of the goods or the resale of such goods by us.
4.1.2. we undertake that we will ensure that the pre-delivery work specified by the Manufacturer is performed and that we will use our best endeavours to obtain for you from the Manufacturer the benefit of any warrantee or guarantee given by him to us or you in respect of the goods. The rights contained in this clause are in addition to and will not limit the statutory rights of a Consumer.
Clause 4.1.3 applies to Business Customers only
4.1.3. we shall not be liable for any failure to deliver the goods occasioned by our inability to obtain them from the Manufacturer or by our compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the Manufacturer may be inspected at our office.
4.2 If the goods to be supplied by Us are pre-registered vehicles, these will be sold with the balance of the Manufacturer’s warranty which may expire before the end of your Finance Agreement.
5.1. Nothing in these Conditions shall limit or exclude our liability for:
5.1.1. death or personal injury caused by its negligence, or the negligence of our employees, agents or subcontractors (as applicable);
5.1.2. fraud or fraudulent misrepresentation;
5.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
5.1.4. defective products under the Consumer Protection Act 1987; or
5.1.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Clause 5.2 applies to Business Customers only
5.2. Subject to clause 5.1:
5.2.1. We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
5.2.2. Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the vehicle.
Clause 5.3 to 5.4 inclusive applies to Consumers only
5.3. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
5.4. If you are a Consumer then we will supply the vehicle to you for domestic and private use. If you use the vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The monthly rental of the vehicle will be specified on the order form. Quotes and rental prices on our website may be subject to changes due to factors beyond our control. We will confirm the rental price of the Vehicle at the time of Order and keep You updated if there is any subsequent price change between order and delivery which may impact the payment which you make to the Finance Provider.
Regardless of the sum for Value Added Tax specified in the order of the vehicle, the sum payable by the Customer in respect of Value Added Tax will be such sum as we become legally liable for at the time the taxable supply occurs.
Subject to clauses 2.4 to 2.7, 3 and 11, if you fail to take delivery and sign the delivery note provided within 14 days of notification that the goods have been completed for delivery, we shall be at liberty to treat the contract as repudiated by you.
9.1. We shall remain the full and absolute owner of the goods until such time as the total indebtedness to us shall have been paid to us in full by the Finance Provider.
9.2. Goods subject to any agreement by us to sell shall be at your risk as soon as they are delivered or handed over to you or otherwise to your order.
9.3. While we remain the owner of the vehicle:
9.3.1. (unless you are situated in Northern Ireland) we may for the purpose of collecting our goods enter upon the premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
10.1. Subject to clause 10.2, if you have chosen to use a subcontractor to supply goods and/or services in connection with this order, then we do not make or give any representation, condition or warranty about the quality, fitness or correspondence with description of such goods and services, we will pass on the benefit of any warranty given by the subcontractor to the Finance Provider so far as we are legally able to do so.
Clause 10.2 apply to Consumer contracts only
10.2. If we contract with a subcontractor on your behalf or directly engage a subcontractor in connection with this order then we will exercise reasonable skill and care in the selection of sub-contractors will accept liability for the Repair and Servicing Work carried out by, and any materials or Parts supplied by, such sub-contractors and will pass on the benefit of any warranty given by the subcontractor to the Finance Provider so far as we are legally able to do so.
The whole of clause 11 applies to Consumers only
11.1. If you are contracting with us as a Consumer online or by phone and do not visit our dealership at any point during the transaction process, or your contract with us is concluded or substantially negotiated at your home or somewhere other than our dealership, you have the right to cancel (under the Consumer Contracts Regulations 2013), all or part of your contract at any time up to 14 calendar days after the day on which you receive the vehicle you ordered.
11.2. Your right to return vehicles under this clause 11 does not apply to vehicles made to your specification, that is, where modifications have been made to the vehicle at your request which occur after the vehicle leave the manufacturer’s factory.
11.3. If you wish to exercise your right of cancellation this clause 11, you are obliged to retain possession of the vehicle and take reasonable care of them until collection/return to us. We reserve the right to effect a charge for any damage sustained to the vehicle during this period.
11.4. You can cancel by email: customercare@trustford.co.uk , or call 01206 754600, or write to: Customer Care, Ford Retail Limited, 2 Charter Court, Newcomen Way, Colchester, Essex, CO4 9YA You must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. A model form is available to assist with the notification process here Distance_sales_cancellation_form. You should ensure that you also give notice to the Finance Provider to cancel the finance arrangements.
11.5. If you decide to cancel in accordance with this clause 11, you should return the vehicle to us at one of our dealerships at your own cost within 14 days of such cancellation. Alternatively if you wish us to collect the vehicle, we will do so subject to payment of an agreed collection fee. We will reimburse delivery charges made (if any).
11.6. We may effect a charge for loss in value of any vehicles supplied, based on any additional mileage on the vehicle after receipt. We will make any reimbursement no later than 14 days after the day we receive back from you any vehicles supplied or, if earlier, the date you supply evidence to us that you have sent the vehicle, together with all keys and documentation, back to us. Refunds will be made by direct bank transfer to an account provided by yourself. Refunds will not be paid in cash. We will engage directly with the lender to repay any monies outstanding in respect of the vehicle being returned to us.
12.1. Any notice required or permitted to be given by one of the parties to the other under these Conditions shall be in writing and shall be delivered by hand or sent recorded delivery post to the address of the addressee set out in this Agreement or to such address that the addressee may have from time to time notified for the purposes of this clause. Notices may not be validly served by electronic mail.
12.2. The headings in these conditions are for convenience only and shall not affect their interpretation.
12.3. No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.
12.4. If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts or the provision shall continue to full force and effect.
12.5. These terms are governed by English Law and the parties agree to the exclusive jurisdiction of the English courts.
12.6. A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.7. In the event a financial services complaint cannot be settled between us you may refer to the Financial Ombudsman Service; this service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9123 or you can visit their website at www.financial-ombudsman.org.uk or email them at complaint.info@financial-ombudsman.org.uk; alternatively you can write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR
Clause 12.8 applies to Business Customers only
12.8. Whilst acting as a consumer, if a non-financial services related dispute arises that cannot be resolved between us within a reasonable timescale, you may refer the dispute to the free independent Advisory and Conciliation Service operated by The Motor Ombudsman, the government-backed, self-regulatory body for the motor industry. Ford Retail Ltd are willing to engage with this type of dispute resolution. For details of this service you can call the dedicated Code Advisory and Conciliation Service Consumer Advice Line on 0345 241 3008, submit an enquiry or complaint via the website www.themotorombudsman.org or write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN.
12.9. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (a "Force Majeure Event"). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 14 days' written notice to the affected party.