Name: Commercial Vehicle Contracts Limited
Company Registration Number: 08293298
VAT Registration Number: 166292294
BVRLA Membership Number: 2100
Financial Conduct Authority Licence Number: 678622
Registered Address: The Landmark, 66 Sackville Road, Bexhill-on-Sea, East Sussex, TN39 3FA
Agreement Between You And Commercial Vehicle Contracts Limited
1. On placing an order for a motor vehicle, or a motor vehicle and accompanying finance with Commercial Vehicle Contracts Limited, each of the terms and conditions as denoted in this document apply between you and Commercial Vehicle Contracts Limited, whose registered address is The Landmark, 66 Sackville Road, Bexhill-on-Sea, East Sussex, TN39 3FA and whose company registration number is 08293298, (“we”, “us” , “the firm” and “our” as appropriate) in respect of the sourcing by the firm of motor vehicles as listed on our website or in other direct communications with you, with, or standing alone, finance as required via our portfolio of funders.
2. Commercial Vehicle Contracts Limited are able to introduce you to a number of finance providers. We may receive a financial remuneration directly from them if you enter into a finance agreement with them.
3. If for any reason your application for finance with the funder is declined, then we will liaise with you prior to applying for funding with an alternative finance supplier. The additional application will result in an additional search against your credit file.
4. Commercial Vehicle Contracts Limited may charge an administration fee for any additional work carried out for you that is in addition to the normal sourcing of the motor vehicle and finance. A funder may charge a documentation fee, option to purchase fee, excess mileage charges and administration fees, and any such fees will be stated in the finance agreement that exists between you and the funder. Commercial Vehicle Contracts Limited will charge a documentation fee of £165.00 + VAT to you for transacting your agreement, and the existence of this fee will be confirmed in both the written quotation and customer order form. The fee is levied by invoice once the customer has completed the order form and due commitment to the financial product and / or vehicle is duly then made. The payment of the invoice is due without delay and can be paid by bank transfer.
5. If you are an individual, sole trader or partnership with three partners or fewer, then you may need to complete a cancellation or ‘cooling off’ period prior to taking delivery of your motor vehicle, subject to the requirements of the funder. So that the funder is able to take the steps required to ensure that your identity and address is correct, you may be requested to send in two proofs of address dated within the last ninety days and in addition the photo card element of your driving licence for a particular partner or partners as specified by the funder. You may also be required to supply a digital image of your current likeness (self portrait) to the funding partner for vehicle hand over security purposes, and any other fair and reasonable request to determine your identity, address and for vehicle handover security.
6. Prices set out on our website or in any other direct communications with you and in general marketing material issued by us are for information purposes only and do not constitute an offer by us capable of being accepted by you.
7. No order which has been submitted to us by you may be cancelled by you except with our written agreement. Commercial Vehicle Contracts Limited will charge you a cancellation fee as denoted in the terms and conditions of order on your customer order form, in respect of damages, charges and labour costs relating to the cancellation and work already discharged by us. Please be aware that if we have instructed specific vehicle fitments to be undertaken as per your order, then further cancellation charges will apply to cover the associated costs of these fitments and the labour costs to fit and remove / make good the work. The vehicle supplier / manufacturer may also charge a separate fee in respect of cancellation. The supplier will notify you of the amount and presence of any cancellation fee.
8. In the event that you place an order for a motor vehicle with us, and the specification of the motor vehicle is either through factory options fitted, chosen colour scheme, secondary (after market) fitments and / or any combination of these factors, deemed detrimental to the re-marketing and sale of the vehicle following any attempt to cancel the order for the vehicle by you, then we reserve the right on behalf of the supplying motor vehicle retailer / supplier / manufacturer / convertor to withdraw your right to cancel the order for the vehicle in line with point number 7.
9. If the motor vehicle you have ordered is not available, we will contact you by email or telephone to suggest possible alternatives. If the motor vehicle is available and we accept your order then we will contact you to confirm the acceptance of your order.
10. Your order of a motor vehicle from our website or other direct communications with you is an offer by Commercial Vehicle Contracts Limited. All orders are subject to formal written acceptance by us, the stock availability of the motor vehicle concerned, price changes as outlined in these terms and conditions, and the payment by you of a holding deposit (if applicable) in accordance with our written acceptance of your order. Approval of a credit facility does not guarantee the allocation or availability of a motor vehicle.
11. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
12. Our employees and, or agents are not authorised to make any representations concerning our services unless they are confirmed as such by us in writing. In entering into any contract with us, you acknowledge that you do not rely on any such representations which are not so confirmed.
13. These terms and conditions form part of your contract with Commercial Vehicle Contracts Limited. They are in addition to, and are not superseded by, any agreement you enter into with the funder and, or motor vehicle supplier. You will be required to sign and complete a finance agreement with the funder before you take delivery of the motor vehicle.
14.These terms and conditions shall govern our dealings with you, and all contracts formed between you and us, to the exclusion of any other terms and conditions. No variations to these terms and conditions will be binding unless agreed in writing between you and us.
15.The contract with you shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
16. The finance agreement once completed by you and submitted to and accepted by the funder becomes non cancellable, except up to the final day of any cancellation period that may exist for the holders of regulated finance agreements.
17. Finance is subject to status and to persons over 18 years of age only. Underwriting guarantees and indemnities may be required.
18. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
19. We shall not be liable to you or be deemed to be in breach of any contract with you by reason of any delay in performing, or any failure to perform any of our obligations, if the delay or failure was due to any cause beyond our reasonable control.
20. Subject as expressly provided in these conditions, and except where you are a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 or in amended or replacement legislation), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
21. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the supply of services or vehicles, and our entire liability under or in connection with the contract with you shall not exceed the price of the services supplied to you, except as expressly provided in these conditions.
22. Where the sale is under a consumer transaction the statutory rights of the customer are not affected by these conditions.
23. We reserve the right to change the price either before or after we accept any order from you, where circumstances outside of control require it (for example changes in prices notified to us by retailers, manufacturers and finance companies). We will promptly notify you in writing of such a change and you will have the right to cancel your order (upon receipt by us of your written confirmation within any reasonable time frame stated by us) if the change is not acceptable.
24. All quotations are valid for 14 days from the date of issue unless otherwise stated.
25. All figures quoted are subject to manufacturer and, or supplying retailer price changes, fluctuations in interest rates or changes in government legislation. These elements are payable by you and changes are and remain outside of our control.
26. Manufacturer lead times for motor vehicles can and do fluctuate regularly, and delays are beyond our control. The firm will not accept any responsibility for any delays caused by any reason outside of our control, nor will the firm be responsible for any cost associated with any vehicle delay. We will keep you updated on a regular basis on the status of your order, including any reasonable fluctuation in lead time. Reasonable delay in motor vehicle delivery does not constitute a legal reason to cancel an order.
27. Mileage is shown on quotations and order forms as annual mileage. If you exceed the total annual mileage at the end of the finance agreement, the funder will charge to you a fee for each extra mile over this total. This charge will be denoted in your finance agreement with the funder.
28. In the event that you have not chosen to incept a maintenance element for the motor vehicle as provided by the funder, then you are responsible for servicing the vehicle in accordance with the manufacturer’s service schedule. The vehicle must be returned to the funder in a legal and roadworthy state. Tyres must be at or above the legal limit. Should you need clarification of this please ask for a copy of the BVRLA (British Vehicle Rental Leasing Association) guide which can be provided upon request. The vehicle must have a valid MOT certificate if required. If you do not return the vehicle in a roadworthy state in accordance with the BVRLA guide, you may be charged for dilapidation work by the leasing company. Each funder has its own parameters with regard to vehicle return condition. Not all funders work to the standards laid out by the BVRLA and you should refer to your finance agreement for details.
29. If you have chosen to have your vehicle maintenance provided by the funder (or an alternate third party that we may have introduced you to) then you are responsible for arranging the service in accordance with their instructions and the vehicle manufacturer recommended service schedule. You or your nominated vehicle driver should always refer to the motor manufacturer hand book for specific details of the vehicle servicing and maintenance requirements.
30. If motor vehicle maintenance is to be provided by a third party, an additional finance agreement may need to be signed and an additional direct debit mandate may need to be authorised.
31. Where any motor vehicle is fitted with a DPF (Diesel Particulate Filter) or DEF (Diesel Exhaust Fluid – known as ‘Adblue’), Commercial Vehicle Contracts Limited will not be held liable for incorrect usage. You are responsible for adhering to the manufacturer guidelines. Please ask for a written explanation of DPF and, or DEF.
32. Where any motor vehicle is fitted with a “connected” service including app connectivity, please be aware that certain funders we use do not permit the use of these connected or integrated services including app connectivity, as they will compromise the service level offering of the funder. We will endeavour to inform you of the current terms and conditions from the funder, however they may amend their policy regarding this at any point. We cannot be held accountable if this happens after you have placed an order for a vehicle. Please inform us if you specifically require this service so we are able to provide guidance for you after consultation with the funder.
33. The term of hire or annual mileage limit on certain finance products may be able to be amended with the leasing company up until the final six months of the finance agreement. Not all financial products or customer status are allowed to do this as part of the finance agreement terms and conditions. Please refer to your terms and conditions of funding for specific details. There may be a charge for any contractual amendments. Not all agreements allow you to change the mileage so please ensure you plan your mileage accurately before you enter into a finance agreement.
34. You are responsible for registering your vehicle with any third party body that may require it. These include but are not limited to Dart Charge, Transport For London, any public or local authority for parking purposes, or if the motor vehicle is classed as a low emitting vehicle with the DVLA for any waiver of fees. If you fail to register the vehicle accordingly and receive a fine as a result, then the funder will charge the cost of the fine directly to you along with an administration fee. Commercial Vehicle Contracts Limited will not be able to contest the application of either the fine or any associated administration fee.
35. If you receive a traffic infringement penalty or penalty charge notice (PCN) then you are responsible for paying them directly to the authority concerned. If any fines are forwarded to your funder by the issuing authority then they will settle the fine and recharge this to you with an additional administration fee.
36. It is your responsibility to contact us to arrange collection of your vehicle prior to the end of the agreement. The funder will not collect the vehicle unless instructed. You will be charged if you retain the vehicle past the end of the agreement. Please contact Commercial Vehicle Contracts Limited to arrange the collection, not less than ten working days before the end of your finance agreement.
37. The prices supplied to you by us will include VAT if you are a private consumer, and do not include VAT if the finance agreement relates to a business contract. The price will include the delivery cost (unless specified) by the motor vehicle retailer to your chosen UK mainland destination, and will include number plates, any first year charge of Vehicle Excise Duty (if applicable) and the first registration fee.
38. The specification of any motor vehicle displayed on our website or any other marketing material issued by us is supplied by the vehicle manufacturer, motor vehicle retailer or funder and is formatted for our use. Whilst every effort is made to verify and ensure the accuracy of the data, the information should only be used as a guide and no purchasing decision should be made by you without verification of the latest data from either the manufacturer or a franchised retailer of their motor vehicles. All images on our website or other marketing material issued by us are for illustrative purposes only, and may not reflect accurately the actual motor vehicle to which the model description relates. You as the customer are entirely responsible for ensuring that the motor vehicle that you decide to order meets your needs and requirements and that the specification of the motor vehicle as outlined by us in any medium supplied to you, is accurate with information held by the manufacturer or supplying motor vehicle franchised retailer at the point of order.
39. Upon receipt by us of completed finance documentation (including but not limited to a signed finance agreement accepted by the funder) and any balance of monies due to be paid to or through us, we will arrange at the first available opportunity the delivery of the vehicle to your chosen UK mainland destination, on a date that meets your requirements subject to availability of the delivery date from the delivery agent, and any cancellation period that may apply which will defer the delivery until after such time as it has elapsed.
40. Please note that the registration of motor vehicles is only possible at the premises of the franchised retailer that is supplying the vehicle.
41. If you wish the motor vehicle to be registered on a cherished plate of your choosing, please speak with us at the earliest opportunity so that we are able to ascertain the due process from the specific motor vehicle retailer and finance company. Any charges related to this are due to be paid by you at a time that they fall due. If the registration of the motor vehicle on a cherished plate results in a delay in registering the motor vehicle due to the process, then we will not be held responsible for any associated costs arising from the delay. You are responsible for liaising with the funder in an appropriate time frame towards the end of the finance agreement term to ensure the removal of the cherished plate before the vehicle is collected at the end of the agreement. Whilst your cherished plate is registered to the motor vehicle by the DVLA, it will at all times be the property of the funder who own the vehicle.
42. If at any time following your acceptance of the motor vehicle at the point of delivery, the vehicle has or develops a technical, mechanical or otherwise unspecified fault that is the responsibility of the manufacturer of the vehicle, vehicle conversion specialist, or any element of, then it is your responsibility to inform the manufacturer via their franchised retailer network and, or via their appointed road side recovery service. You accept that if the vehicle is not able to be driven or perform its required function as a result of any issue arising from any malfunction or build omission, only the appropriate channel of repair can be held responsible for making good the issue in a timely manner, and that no single party will be responsible for the provision, service, cost or supply of a courtesy, interim or daily hire vehicle whilst the contracted vehicle remains out of use.
43. If you fail to provide access to the premises necessary to effect delivery or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than for reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may store the vehicle until actual delivery and charge you for the reasonable costs (including insurance) of storage and re-delivery.
44. On taking delivery of a motor vehicle, you agree to pay due attention in a timely manner to the manufacturer information supplied with the vehicle which includes but is not limited to the manufacturer warranty, recovery and servicing information as well as the primary functions of the vehicle which allow all drivers and passengers to travel safely at all times, and to protect the property of the funder in the manner outlined within the finance agreement terms and conditions.
45. If you enter into any voluntary arrangement with any of your creditors or become bankrupt, become subject to an administration order or enter into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or an encumbrance takes possession, or a receiver is appointed, of any of your property or assets, or you cease, or threaten to cease to carry on business, or we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries or provision of services under the contract without any liability to you, and if the motor vehicle has been delivered or services provided but has not paid for by you, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
46. In relation to purchase agreements, the Optional Final Payment plus any other applicable fees will apply in order for you to take full ownership of the vehicle at the end of the agreement, and at which time and on acceptance of the outstanding funds owed, the vehicle shall be duly re-registered to you by the funder and title will be passed to you in the form of the registered keepers document supplied to you by the DVLA.
47. From the point at which you formally accept delivery of the vehicle with a signature on the delivery note, until such time as the vehicle is formally handed to the collection agent on termination of the agreement with a signature from the agent to confirm this, you agree to insure the vehicle on a fully comprehensive basis at all times for its appropriate use and for all drivers whom you appoint to drive the vehicle for any purpose and at any time. The insurance policy is your responsibility to maintain and renew and meet the conditions of. If you fail to insure the vehicle at any time and for any reason, and any loss is sustained which causes a material detriment to the funder of any kind, you agree to indemnify the funder in respect of the total loss suffered, payable in sterling to the funder on-demand, and understand that any authority able to do so legally will hold you responsible for failing to uphold the law, and you accept the costs and associated consequences and possible prosecutions of doing so.
48. Disposal of your current vehicle prior to delivery of the vehicle supplied by Commercial Vehicle Contracts Limited will be done so at your own risk, and we cannot be held responsible for any period where you may not have access to transport and cannot be held responsible for any costs incurred.
49. In the event that a motor vehicle is sourced and, or delivered to you and it either does not meet your requirements or is not viable to finance on a cost basis due to an error committed by Commercial Vehicle Contracts Limited or our associated supplier and, or funder, you agree to grant us the opportunity to rectify the error in a timely manner and not to hold Commercial Vehicle Contracts Limited, our associated supplier and, or funder to account for the error to the extent that the error was of a scale that the original agreement would not have been possible to transact within the cost scale originally agreed.
50. We will treat your personal information with due privacy and security as detailed in our Privacy Notice. Please ask us to supply the data link to the document to you if required.