HARWOODS LIMITED: WEBSITE TERMS AND CONDITIONS

Welcome to www.harwoods.uk.com (the “Website”). If you continue to browse and use the Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy (the “ Privacy Policy”) and our cookie policy (the “Cookie Policy”) govern the relationship between you and Harwoods Limited (the “Company”) in relation to the Website (together the “Conditions”). If you do not accept the Conditions, please do not use the Website.

1 Introduction

1.1 The terms “us” or “we” refer to the Company, which is registered in England and Wales under number 368849 with its registered office at Trinity House, School Hill, Lewes BN7 2NN. Our VAT number is 192 7823 32. We subscribe to the Motor Industry Code of Practice (Service and Repairs); The term “ you” refers to the user or viewer of the Website.

1.2 You may access most areas of the Website without registering your details with us.

1.3 By accessing any part of the Website, you shall be deemed to have accepted the Conditions in full. If you do not accept any part of the Conditions, you must leave the Website immediately.

1.4 The Company may revise the Conditions at any time by updating this posting. You should check the Website from time to time to review the then current Conditions, because they are binding on you. Certain provisions of the Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2 Licence

2.1 The Website contains material, including without limitation, text, images, photographs the browsing system, design, layout, look, appearance and graphics, which is protected by copyright and/or other intellectual property rights. Unless otherwise stated, all intellectual property rights in the Website (including without limitation copyright) are owned by the Company or its licensors.

2.2 You are permitted to print and download extracts from the Website for your own personal use on the following basis:

2.2.1 no documents or related graphics on the Website are modified in any way;

2.2.2 no graphics on the Website are used separately from the corresponding text; and

2.2.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.

2.3 Any use of extracts from the Website other than in accordance with Condition 2.2 for any purpose is prohibited. If you breach any of the Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.4 Subject to Condition 2.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.5 Any rights not expressly granted in the Conditions are reserved.

3 Service Access

3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

4 Visitor Material and Conduct

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Website any material:

4.2.1 which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

4.2.2 for which you have not obtained all necessary licences and/or approvals; or

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of Conditions 4.2 or 4.3.

5 Privacy Policy and Cookies

5.1 We are committed to protecting your privacy. Our Privacy Policy sets out how we will use your personal data (as defined in our Privacy Policy). When you submit any such personal data to us, you are giving your consent to the collection, use and disclosure of such personal data as set forth in our Privacy Policy.

5.2 This Website uses cookies to help make it more useful and reliable. Our Cookie Policy explains what they are, which ones we use, and how you can manage or remove them.

6 Links to and From Other Websites

6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6.2 If you would like to link to the Website, you may only do so with the Company’s prior written consent, and on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

6.2.1 you do not remove, distort or otherwise alter the size or appearance of the Harwoods Group logo;

6.2.2 you do not create a frame or any other browser or border environment around the Website;

6.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;

6.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;

6.2.5 you do not otherwise use any of the Harwoods Group’s trade marks displayed on the Website without express written permission from the Company;

6.2.6 you do not link from a website that is not owned by you; and

6.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3 The Company expressly reserves the right to revoke the right granted in Condition 6.3 for breach of any of these Conditions and to take any action it deems appropriate.

6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of Condition 6.2.

7 Registration

7.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

7.2 Responsibility for the security of any passwords issued remains with you at all times.

8 Disclaimer

8.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

8.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Conditions, might have effect in relation to the Website.

9 Liability

9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

9.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:

9.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

9.2.2 fraud; or

9.2.3 misrepresentation as to a fundamental matter; or

9.2.4 any liability which cannot be excluded or limited under applicable law.

9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10 Governing Law and Jurisdiction

10.1 These Conditions and any issues arising from the Website or your use of the Website, shall be governed by and construed in accordance with English law.

10.2 Disputes arising in connection with these Conditions and any issues arising from the Website or your use of the Website, shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 10.04.2013

Terms of Business of Harwoods Limited
Sale of Vehicles

'Harwoods' means Harwoods Limited (Company number 368849).

‘Contract’ means the contract formed by Harwoods’ acceptance of the Order.

'Customer' means the customer whose details are stated in the Order.

‘Order’ means the order form (whether presented verbally or by way of an order in hard copy or electronic format) by which the Customer orders the Sale Vehicle from Harwoods.

'Sale Vehicle' means the vehicle specified in the Order to be sold by Harwoods to the Customer pursuant to the Contract.

1 The sale of the Sale Vehicle by Harwoods to the Customer shall be governed by these terms of business. Only written representations to the Customer confirmed in writing by a director of Harwoods form part of the terms of the Contract. Verbal representations to the Customer do not form part of the Contract (save that Harwoods does not exclude liability for fraudulent misrepresentation). No employee or agent has the authority of Harwoods to vary these terms, which may only be varied by agreement in writing between the Customer and a director of Harwoods.

Sales of Vehicles

2 Each Order for a Sale Vehicle (including any part exchange allowance for a used vehicle) shall be deemed to be an offer by the Customer to purchase the Sale Vehicle subject to these terms and conditions. No Order shall be deemed to be accepted by Harwoods until the Order is signed by a director of Harwoods.

3 These terms shall be subject to any terms and conditions lawfully imposed by the manufacturer or concessionaire in connection with the sale or resale of a new Sale Vehicle and subject to clause 18, Harwoods shall not be liable for any losses howsoever arising as a result of its compliance with such terms. A copy of these terms may be inspected on request to Harwoods.

4 Harwoods shall endeavor to deliver a Sale Vehicle by the estimated delivery date but it does not guarantee to do so and time shall not be of the essence. Subject to clause 18, Harwoods shall not be liable to the Customer for any delay in delivery of the Sale Vehicle which is caused by a matter beyond its reasonable control. There shall be no obligation on Harwoods to satisfy orders in any particular sequence.

5 In the case of a new Sale Vehicle Harwoods shall be entitled to cancel the Order by notice in writing if the manufacturer ceases to make vehicles of that type. If the Sale Vehicle is not delivered within 21 days of the estimated delivery date the Customer may give notice in writing to Harwoods making time of the essence. If Harwoods does not make delivery within seven days of receipt of the notice the Customer or Harwoods shall be entitled to cancel the Contract and Harwoods shall promptly return any deposit paid to the Customer in full, and (subject to clause 18) that shall be the extent of Harwoods’ liability and obligations.

6 Where a written quotation is provided to the Customer which is expressed in writing to be a “quote”, the price of the Sale Vehicle shall be the quoted price (subject to any allowance agreed in writing by Harwoods in respect of a used vehicle). All prices quoted are valid until acceptance by the Customer or, if earlier, for 7 days only. After such time, the price of the Sale Vehicle may be altered by Harwoods for any reason without notice.

7 Harwoods reserves the right, by giving notice (“Notice”) to the Customer at any time before delivery of the Sale Vehicle, to increase the price of the Sale Vehicle to reflect any increase in the manufacturer’s or concessionaire’s recommended retail price for the Sale Vehicle. The Customer may elect by notice in writing to Harwoods within 14 days of the date of the Notice, to cancel the Contract. In the event of such cancellation, Harwoods shall promptly return any deposit paid to the Customer in full, and (subject to clause 18), that shall be the extent of Harwoods’ liability and obligations. If no such notice is received by Harwoods from the Customer within such period, the Customer shall be bound to purchase the Sale Vehicle at the increased price.

8 If Harwoods has agreed to accept a used vehicle as part payment of the total amount payable the following provisions shall apply:-

a) either the Customer warrants that the used vehicle is the absolute and unencumbered property of the Customer and is not subject to any finance or where the part exchange vehicle is disclosed to Harwoods by the Customer as being subject to finance or any other rights of a third party the finance or rights are settled at the expense of the Customer.

b) Harwoods may examine the used vehicle before accepting it in part exchange and shall not be obliged to take it in part exchange unless it is satisfied that it is in the same condition (fair wear and tear excepted) as at the time it was examined by Harwoods and has not exceeded more than the mileage stated in the Order.

c) The used vehicle shall be delivered to Harwoods by the Customer prior to or at the same time that Harwoods delivers the Sale Vehicle to the Customer and the property in the used vehicle shall pass to Harwoods on delivery.

d) If the Customer fails to deliver the used vehicle to Harwoods on the due date or is otherwise in breach of the provisions which apply to part exchange then Harwoods shall (if it so chooses) have no obligation to accept the used vehicle in part exchange and the Customer shall pay to Harwoods an amount equal to the allowance which had been attributed to the used vehicle.

9 A Sale Vehicle is sold by Harwoods to the Customer subject to conditions and warranties implied by the Sale and Supply of Goods Act 1994. However the conditions and warranties implied by the Sale and Supply of Goods Act 1994 shall not apply to:-

a) defects which are revealed by or ought to have been revealed by an inspection of the Sale Vehicle where prior to entering into the Contract the Customer examined the Sale Vehicle

b) defects of which the Customer is made aware before entering into the Contract.

10 Delivery of the Sale Vehicle shall take place at Harwoods’ place of business from time to time. If a Customer fails to take delivery within seven days of being notified that the Sale Vehicle is available for delivery or cancels an Order otherwise than where permitted to do so under these terms then the Customer shall at Harwoods option be liable for breach of contract and at Harwoods' option any deposit shall be forfeited and Harwoods shall be entitled to recover damages from the Customer for any losses or expenses or, at Harwoods option and in exceptional circumstances such as the Sale Vehicle being a particularly unusual or special order be required to perform the contract and accept delivery of the Sale Vehicle.

11 The Customer confirms that it is not purchasing the Sale Vehicle for export outside of the United Kingdom. If Harwoods has reasonable grounds to believe that the Customer intends to export the Sale Vehicle outside of the United Kingdom then (without prejudice to its other rights and remedies) Harwoods shall be entitled to cancel the Contract. In the event of such cancellation, Harwoods shall promptly return any deposit paid to the Customer in full, and (subject to clause 18) that shall be the extent of Harwoods’ liability and obligations.

General terms which apply to the sale of vehicles

12 The sum payable by the Customer in respect of VAT shall be calculated at the rate which applies at the date on which the taxable supply is made notwithstanding that a different amount may have been specified in the order.

13 Risk of damage to or loss of the Sale Vehicle to be sold to the Customer shall pass on delivery to the Customer. Notwithstanding delivery and passing of risk in the Sale Vehicle to the Customer the property in any Sale Vehicle to be supplied to the Customer shall not pass until Harwoods has received payment in cash or cleared funds in full of the price of the Sale Vehicle. Until such time as the property in the Sale Vehicle has passed to the Customer Harwoods may at any time require the Customer to deliver up the Sale Vehicle to Harwoods and may enter any property of the Customer or of a third party where the Sale Vehicle is located and repossess the Sale Vehicle.

14 Any notice to be given to the Customer may be sent by post to his last known address and any notice to Harwoods may be sent to its registered office and shall be deemed to have been received 48 hours after posting.

15 No person other than the Customer and Harwoods shall be entitled to enforce any term or right arising under these terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

16Subject as expressly provided in these terms and except where the Customer is dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

17 Where the Customer is dealing as a consumer, he has legal rights in relation to a Sale Vehicle that is faulty or not as described, and such Customers can obtain advice about their legal rights from their local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms will affect these rights.

18 Nothing in these terms excludes or limits Harwoods’ liability for: (i) death or personal injury caused by the negligence of Harwoods, its agents or employees; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by s12 of the Sale of Goods Act 1979; or (iv) any other matter for which it would be unlawful to seek to exclude or limit its liability.

19 Subject to clauses 18 and 20:

(i) Harwoods’ total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the amount paid by the customer; and

(ii) Harwoods shall not be liable to the Customer for any loss (whether direct or indirect) of profits, time, revenue, goodwill, business or anticipated savings or for any incidental, indirect, special, consequential or punitive loss or damage (whether foreseeable or unforeseeable) howsoever caused, which arises out of or in connection with the Contract. .

20 Where the Customer is dealing as a consumer, and subject to clause 18:

(i) Harwoods shall be liable to the Customer for any loss or damage suffered by the Customer as a foreseeable result of Harwoods’ breach of these terms; and

(ii) Harwoods shall not be liable for any loss or damage that is not foreseeable or for any loss of profit, business, business interruption or business opportunity,

Loss or damage is foreseeable if they were an obvious consequence of Harwoods’ breach or if they were contemplated by Harwoods and the Customer at the time they entered into the Contract.

21 If any provision of these terms and conditions is agreed by the parties to be illegal, void or unenforceable under any law, or if any court or tribunal of competent jurisdiction in a final decision so determines, these terms and conditions shall continue to apply save that such provision shall be deemed to be exercised therefrom with effect from the date of such agreement or decision.

22 These terms and conditions and any Contract shall be governed by English law and the Customer hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.


Terms of Business of Harwoods Limited
Sale of Parts and Supply of Services (Servicing and Maintenance)

'Harwoods' means Harwoods Limited (Company number 368849).

‘Contract’ means the contract formed by Harwoods’ acceptance of the Order.

'Customer' means the customer whose details are stated in the Order.

'Goods' or 'Parts' means the parts, accessories or consumables specified in the Order to be sold to the Customer and which are the subject matter of the contract governed by the terms of business.

‘Order’ means the order (whether presented verbally or by way of an order in hard copy or electronic format) by which the Customer orders the Goods and/or Services from Harwoods.

‘Service Plan’ means any subscription plan offered from time to time by Harwoods for the provision of Services by Harwoods to the Customer.

'Services' means the repair maintenance or servicing specified in the Order to be carried out by Harwoods for the Customer (including, where applicable, in any Order for a Service Plan).

‘Subscription Fees’ means the subscription fees payable by the Customer to Harwoods for the Service Plan, as set out in the Order therefor.

1 The sale of Goods and/or the provision of Services by Harwoods to the Customer shall be governed by these terms of business. No employee or agent has the authority of Harwoods to vary these terms, which may only be varied by agreement in writing between the Customer and a director of Harwoods.

2 Each Order shall be deemed to be an offer by the Customer to purchase the Parts and/or accept provision of the Services subject to these terms and conditions. No Order shall be deemed to be accepted by Harwoods until the Order is signed by a director of Harwoods or (if earlier) Harwoods delivers the Parts or commences the provision of the Services.

Sales of Parts

3 Harwoods shall endeavor to deliver a Part by the estimated delivery date but it does not guarantee to do so and time shall not be of the essence. Subject to clause 28, Harwoods shall not be liable to the Customer for any delay in delivery of the Parts that is caused by a matter beyond its reasonable control. There shall be no obligation on Harwoods to satisfy orders in any particular sequence.

4 Harwoods shall be entitled to cancel an Order by notice (which may be given verbally) if the manufacturer ceases to make the Part. If as a consequence of matters outside of Harwoods’ reasonable control a Part is not available for the Customer within 14 days of any estimated date the Customer or Harwoods shall be entitled to cancel the Order by written notice. In each case, Harwoods shall promptly refund to the Customer the price of such Parts and subject to clause 28, Harwoods’ liability for any such cancellation shall be limited to the costs and expenses incurred by the Customer in obtaining replacement parts of similar description and quality in the cheapest market available less the price of the Parts actually delivered.

5 These terms shall be subject to any terms and conditions lawfully imposed by the manufacturer or concessionaire in connection with the sale or resale of Parts and subject to clause 28, Harwoods shall not be liable for any losses howsoever arising as a result of its compliance with such terms. A copy of these terms may be inspected on request to Harwoods. Harwoods will endeavor to obtain for the benefit of the Customer any warranty or guarantee given by the manufacturer or supplier of the Parts.

6 Delivery of the Parts shall take place at Harwoods’ place of business from time to time. In the event that the Customer does not collect the Parts within seven days of being notified that they are available for collection, Harwoods shall be entitled to (i) store the Parts until actual delivery and charge the Customer for all reasonable related costs and expenses (including storage and insurance); or (ii) treat the Contract as repudiated by the Customer (in which event it shall promptly refund to the Customer the price of such Parts less a sum equivalent to a reasonable administration fee, and any damages, losses and expenses which Harwoods may have reasonably suffered as a result of the Customer’s default).

7 If Harwoods supplies Parts which are faulty or not in accordance with the Order the Customer may return those Parts to Harwoods and will receive a full refund of any sums paid and any reasonable costs incurred in returning the Parts to Harwoods, provided that those Parts are returned within seven days of delivery to the Customer and they are unused and undamaged and in the same condition as when delivered to the Customer.

8 Harwoods shall accept Parts returned by a Customer which are in accordance with the Order and not defective but may at its option levy a charge equal to 25% of the price of those Parts and the cost of returning those Parts to Harwoods shall be borne by the Customer.

9 Where the Customer is dealing as a consumer, the guarantees given in clauses 5, 7 and 8 are in addition to his legal rights in relation to Goods that are faulty or not as described .

Servicing

10 Harwoods shall not be obliged to accept instructions to carry out work to a vehicle even if it has given a quotation for such work. A quotation shall only be effective for 28 days and may be revised if prior to accepting instructions to carry out the work the cost to Harwoods of Parts has increased.

11 If no price is agreed in advance with the Customer or if part only of the work is carried out then Harwoods shall be entitled to charge a reasonable sum for the Parts fitted and work carried out (including work done to investigate what is required and reassembly).

12 Ownership of any parts removed by Harwoods (for example if they are replaced or passed their useful working life) shall immediately pass to Harwoods upon their removal and shall be disposed of as Harwoods sees fit unless the Customer advises Harwoods in advance that it wishes to retain those parts.

13 If in Harwoods opinion it is not reasonably practical to carry out the work it has been instructed to do Harwoods may decline to carry out such work or to carry out only such work at it considers to be practical. Harwoods shall be entitled to charge a reasonable sum for the Parts fitted and work carried out (including re-assembly) in such circumstances.

14 Harwoods shall endeavor to carry out the work by the estimated date for completion but it does not guarantee to do so and time shall not be of the essence. Subject to clause 28, Harwoods shall not be liable to the Customer for any delay in performance of the Services that is caused by a matter beyond its reasonable control.

15 Provided that Harwoods are notified by the Customer of any defect within three months from the date on which the work is completed, or if sooner before the vehicle has travelled 3000 miles, work undertaken by Harwoods are warranted against failure for defective workmanship for a period of three months from the date on which the work is completed or until the vehicle has traveled 3000 miles, which ever shall occur first.

16 Unless Harwoods otherwise agrees all sums payable to Harwoods shall be paid in cash. Harwoods shall not be obliged to permit the Customer to take possession of the vehicle until all sums owed to Harwoods have been paid in cleared funds. Harwoods shall have a general lien over the vehicle and its contents until all sums owed to Harwoods have been paid in cleared funds. If all sums owed to Harwoods by the Customer have not been paid within one month of written notice from Harwoods requiring such payment, ownership of the vehicle and its contents shall pass to Harwoods and Harwoods may sell the same for a fair trade price and may settle any sums due to Harwoods from the proceeds and shall return the balance if any to the Customer.

17 The Services shall be provided at Harwoods’ place of business from time to time. The Customer shall collect the vehicle within three days of being advised by Harwoods that it is ready for collection and Harwoods if the Customer is in breach of this obligation Harwoods may, without prejudice to any other remedy which may be available to it, charge the Customer garage rent at the rate of £10 per day.

Service Plans

18 In the event that the Customer subscribes to a Service Plan, the Services to be performed by Harwoods under that Service Plan shall be those specified in the section headed “Plan Details” in the Order for the Service Plan in respect of the vehicle described in the section headed “Vehicle Details” in such Order, and (unless agreed in writing by Harwoods) shall not include any service items which are not specified on the relevant Order, including brake fluid changes, cambelt changes and normal wear and tear items including tyres and brake pads.

19 The price payable in respect of the Service Plan shall be the Subscription Fees. The Subscription Fees shall not increase during the initial term specified in the Order for the Service Plan, but this shall not restrict or prevent Harwoods from increasing the Subscription Fees at the start of any renewal term upon 28 days’ prior notice to the Customer.

20 The Customer shall make payment of the total Subscription Fees by cash, cheque or debit or credit card. If the Customer elects to do so in the Order and provides to Harwoods valid, up-to-date and complete banking details, it shall be entitled to make payment of the Subscription Fees on a monthly basis by direct debit to such account as Harwoods shall notify to it.

21If at any time during performance of the Services, the Customer requires additional services to be performed by Harwoods which are outside the scope of those to be performed under the Service Plan, or Harwoods, in its reasonable opinion, believes that any such additional services are necessary, including in each case, any service items of the type described in clause 18, then the provision of such additional services shall be subject to an additional Order and Harwoods shall charge the Customer and the Customer shall pay, Harwoods’ then current price in respect of the same. The Customer acknowledges and agrees that Harwoods shall not perform any Services on account, and that the Service Plan is not a form of budget account and cannot be used in any manner which would entail (or be likely to entail) the lending of money.

General terms which apply to the sale of vehicles, the sale of parts and servicing of vehicles.

22The sum payable by the Customer in respect of VAT shall be calculated at the rate which applies at the date on which the taxable supply is made notwithstanding that a different amount may have been specified in the Order.

23 Risk of damage to or loss of Goods to be sold to the Customer shall pass on delivery to the Customer. Notwithstanding delivery and passing of risk in the Goods to the Customer the property in any Goods to be supplied to the Customer shall not pass until Harwoods has received payment in cash or cleared funds payment in full of the price of the Goods. Until such time as the property in the Goods has passed to the Customer Harwoods may at any time require the Customer to deliver up the Goods to Harwoods and may enter any property of the Customer or of a third party where the Goods are located and repossess the Goods.

24 Any notice to be given to the Customer may be sent by post to his last known address and any notice to Harwoods may be sent to its registered office and shall be deemed to have been received 48 hours after posting.

25 No person other than the Customer and Harwoods shall be entitled to enforce any term or right arising under these terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

26 Subject as expressly provided in these terms and except where the Customer is dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

27 Where the Customer is dealing as a consumer, he has legal rights in relation to Goods that are faulty or not as described, and such Customers can obtain advice about their legal rights from their local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms will affect these legal rights.

28 Nothing in these terms excludes or limits Harwoods’ liability for: (i) death or personal injury caused by the negligence of Harwoods, its agents or employees; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by s12 of the Sale of Goods Act 1979 and s2 of the Supply of Goods and Services Act 1982; or (iv) any other matter for which it would be unlawful to seek to exclude or limit its liability.

29 Subject to clauses 28 and 30:

(i) Harwoods’ total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of contemplated performance of the Contract shall be limited to the amount paid by the Customer; and

(ii) Harwoods shall not be liable to the Customer for any loss (whether direct or indirect) of profits, time, revenue, goodwill, business or anticipated savings or for any incidental, indirect, special, consequential or punitive loss or damage (whether foreseeable or unforeseeable) howsoever caused, which arises out of or in connection with the Contract.

30 Where the Customer is dealing as a consumer, and subject to clause 28:

(i) Harwoods shall be liable to the Customer for any loss or damage suffered by the Customer as a foreseeable result of Harwoods’ breach of these terms; and

(ii) Harwoods shall not be liable for any loss or damage that is not foreseeable or for any loss of profit, business, business interruption or business opportunity.

Loss or damage is foreseeable if they were an obvious consequence of Harwoods’ breach of if they were contemplated by Harwoods and the Customer at the time they entered into the Contract.

31 Harwoods may provide Services or contract to sell Parts to the Customer in circumstances where the Customer anticipates that any sums due to Harwoods will be paid by an insurance company. In such circumstances Harwoods may assist the Customer by seeking payment from the insurance company but the Customer shall at all times remain primarily liable for all sums due to Harwoods and shall settle any outstanding amounts to Harwoods immediately on request.

32 If any provision of these terms and conditions is agreed by the parties to be illegal, void or unenforceable under any law or if any court or tribunal of competent jurisdiction in a final decision so determines, these terms and conditions shall continue to apply save that such provision shall be deemed to be exercised therefrom with effect from the date of such agreement or decision.

33 These terms and conditions and any contract entered into by Harwoods and the Customer pursuant to them shall be governed by English law and the Customer hereby irrevocably submits to the exclusive jurisdiction o the courts of England and Wales.

Complaints

On July 9th 2015 Alternative Dispute Resolution legislation was implemented in the UK. ADR offers a quicker and less costly alternative to potential legal action for consumers and businesses.

Motor Codes is now approved by Government as a Consumer ADR body under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

Should Harwoods be unable to resolve your complaint or issue then you have the right to use and alternative dispute resolution organisation.

About the Code

Devised to help all motorists

Motor Codes was set up by the motor industry to act as the self-regulatory body for the automotive sector and is a wholly-owned subsidiary of The Society of Motor Manufacturers and Traders Ltd (SMMT).

Motor Codes is responsible for operating three Codes of Practice:

Link Below or call 020 7344 1651

http://adr.motorcodes.co.uk/