The Farm Car Centre Ltd t/a Jefferies Farm Car Sales, General Sale Terms and Conditions
These Terms and Conditions of Sale (“Terms”) will apply to any contract between us for the sale of a Vehicle. Please read these Terms carefully and make sure that you understand them, before placing an Order to purchase a Vehicle from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase a Vehicle from us.
We amend these Terms from time to time, every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10th August 2020.
These Terms, and any Contract between us, are only valid in the English language.
Information about us
We are The Farm Car Centre Ltd t/a Jefferies Farm Car Sales a Company registered in England and Wales Company number 12388923 our trading address is Jefferies Farm, Coneyhurst, Billingshurst, West Sussex, RH14 9DG (“we”, “us”, “our”). Our VAT number is 351 2361 32.
We operate the website www.jefferiesfarmcarsales.co.uk (“Site”).
The Customer
‘The Customer’, (“you”, “Your”, “Their”). Is the person whose full name and address are specified on the ‘Order’ and/or ‘Sales Invoice’. Only the person named on the ‘Order’ and/or ‘Sale Invoice’ will be considered to be a party to any agreement with us.
How the Contract is formed between you and us
1. When you inspect a vehicle at our site and make an offer to purchase it (“Vehicle”) for the Price stated, you are placing an “Order” with us for the purchase of the Vehicle, which is subject to these Terms.
2. We will confirm that we accept your Order (“Order Confirmation”) by way of an authorised manager countersigning your Order form. Please note that any other communication from us, including any verbal communication, is only an acknowledgement and not an acceptance of your Order.
3. These Terms and Conditions will become binding on you when:
(a) We confirm that we have accepted your Order;
(b) You make payment of the ‘deposit’ or the ‘Price’ to us;
(c) We commence processing of the Order;
Whichever is the earlier, at which point a “Contract” shall come into existence between us.
4. Any Order placed by you is subject to acceptance by us. We may choose not to accept or to decline your Order for any reason and will not be liable to you or to any third party in those circumstances.
5. If we are unable to provide the Vehicle, for example because it is no longer in stock, no longer available, because of a fault or defect which we have identified or because we have identified it will not meet any specific requirement which you have given us, we will inform you of this and we will not process your Order. If you have already paid for the Vehicle, we will refund you the full amount including any additional costs charged as soon as possible.
Price of Vehicle and additional charges
6. The price of the Vehicle will be as quoted on one of our sales sites, or otherwise notified to you in writing in the Order (“Price”). We take all reasonable care to ensure that the Price is correct at the time of your Order. However, it is possible that, despite our best and reasonable efforts, the Price for the Vehicle displayed on one of our sales sites or, on our website or quoted over the telephone may be incorrect. In the event that we have advertised the Vehicle at the wrong Price, we will ask you whether you wish to proceed at the correct price. If you agree to proceed at the correct price we will refund you or charge you the difference between any amount you have paid and the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the Contract and refund you any amount you have already paid.
7. Where applicable and noted on the Order, the Price does not include any vehicle road fund licence; or vehicle first registration fees, where these may be applicable to the Vehicle. The vehicle first registration fees (where applicable) will be charged in addition to the Price at the applicable rates as notified to you at the time of your collection of the Vehicle. You will also be required to register and pay vehicle tax with the Driver and Vehicle Licensing Agency at the point of collection.
8. You will need to pay the Deposit of £500.00 when you place your Order for the Vehicle. We cannot process your Order until we have received the Deposit in full cleared funds. The Deposit can be paid by debit or credit card. We may amend or alter the amount of deposit required and in such circumstances where an alternate amount has been agreed this will be detailed and noted on your Order.
9. If you make payment of the Price or the Deposit by credit card, we may charge you a reasonable administration fee in order to cover the costs we will incur processing your payment.
10. The Price includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom at the time. However, if the rate of VAT changes between the date of your Order and the date of collection, we will adjust the VAT you pay, unless you have already paid for the Vehicle in full before the change in VAT takes effect.
11. Most, but not all commercial vehicles will attract VAT at the current rate charged within the United Kingdom, on the delivery date of the Vehicle in addition to the purchase price. The VAT status of commercial vehicles will clearly identified on the Order and the amount of VAT will in addition be clearly displayed.
Payment
12. The Vehicle will remain our property until the Price in full has been paid and received in clear funds by us. However, any risk including but not limited to any damage that may occur to the vehicle howsoever caused becomes your responsibility at the point of collection.
13. The Price, less any Deposit received, can be paid by either credit or debit card or electronic transfer where we have agreed to this in advance, or through the means set out in a separate finance agreement that you have signed and which we have agreed to allow you to use in order to pay the Price.
14. Where we have agreed in advance, you may pay part or the entire Price by providing us with another vehicle as a part-exchange. Please refer to the section below.
15. Unless otherwise stated in the Order or any finance agreement which you have entered and we have accepted as your means of payment, we will require payment of the ‘Price’ 24 hours prior to when you collect the Vehicle from our premises (“Due Date”).
16. If you do not make payment to us by the Due Date, we may:
(a) Not allow you to collect the Vehicle until we have received payment of the Price in cleared funds and charge you for storage and insurance costs.
(b) Terminate the Contract to sell you the Vehicle immediately in accordance by giving you written notice.
Finance Agreement
17. You may be eligible to pay for your Vehicle on finance through our third-party finance providers.
18. The Farm Car Centre Ltd t/a Jefferies Farm Car Centre is an appointed representative of Meridian Finance Partners Ltd which is authorised and regulated by the Financial Conduct Authority (their registration number is 661646). Permitted activities include advising on and arranging general insurance contracts and acting as a credit broker not a lender.
19. Approval for any finance normally takes a few minutes but on some occasions and in particular on weekend days may take longer. Please note that APRs provided on the website are representative only.
20. Once we are in receipt of a correctly completed finance application we will share your personal information (including any relevant financial information) with one of our panel of lenders and/or another broker.
21. The financing party’s terms and conditions in full will be provided before you arrange to sign the finance documents.
22. If using third-party finance, to ensure delivery of the Vehicle at the specified time and date, you will be required to sign the finance documents and arrange clear funds in respect of any deposit at least 48 hours prior to arranging collection of the Vehicle. Any delay in arranging cleared funds may result in the delivery date and time being altered.
23. If you cancel any credit agreement but have already received the Vehicle from us any cancellation rights no longer apply. You will be liable to pay the finance provider in full for the Vehicle together with any additional products purchased and in addition any potential reasonable unspecified or additional charges.
The Vehicle
24. Prior to delivery, the Vehicle will have undergone a multi-point mechanical inspection as part of our Pre Sale Preparation of the Vehicle.
25. We will provide every vehicle with a 6-month Written Guarantee and Roadside Assistance Package free of charge. You will automatically be opted in for this 6-month Guarantee at the time of purchase; your direct contractual relationship will be with our third-party provider on these terms.
27. We do not provide any manufacturer’s guarantee for any Vehicle sold. If, and to the extent that a manufacturer’s guarantee and / or roadside assistance programme endures from a previous period of ownership of the Vehicle and you are entitled to receive the benefit of this, we reserve the right to provide only the difference between the 90 day guarantee and/or roadside assistance and that amount of coverage from which the Vehicle will continue to benefit from the point of Collection.
28. Where the benefit of the balance of any manufacturer’s warranty has been passed to you and or to benefit from any other warranty or guarantee with the vehicle it is your responsibility to ensure the vehicle is serviced and maintained in accordance with the required specification of the manufacture and/or warranty or guarantee provider in order to ensure that any available cover is protected.
29. The Vehicle may previously have been used as a lease or rental Vehicle or have had multiple users. It may also have been imported from another country. We will use reasonable endeavours to provide you with any additional information in the possession of, or reasonably available to us about the Vehicle upon request. However, if you have any questions about the previous use of the vehicle or have any specific requirements you are advised to discuss these with us to obtain clarification before placing an Order.
30. The mileage on the Vehicle may vary by a minor amount to that stated on the advertising or website as a result of, for example, transport to or between our sales sites, mileage incurred during the preparation process, road testing and delivery to you.
31. Any reference to “Leather” on the website or on the Order and/or Sale Invoice may not be genuine or 100% leather but rather partial leather or an artificial substitute. You must complete your own inspection of the Vehicle to ensure that any trim items or seat coverings are suitable for your needs preferences and requirements.
32. We will pass on to you any ancillary items with the vehicle that have been passed to us by the previous owner. However, any such ancillary items such as spare keys, book packs, service history’s, floor mats, locking wheel nut keys, satellite navigation disks or software are not provided by us and do not form a part of any contract for the supply of a vehicle.
33. For the sake of clarity we will provide only one key with any vehicle, unless, further keys are separately declared and noted on the Vehicle Sales Order Form.
34. The images of the Vehicle on our website are for illustrative purposes only. Although we make every effort to display the Vehicle accurately, we do not guarantee that the images of the vehicle on the website exactly reflect the actual appearance of the vehicle.
35. We do not give or make any representation, warranty or undertaking that the Vehicle will not be subject to a manufacturer’s outstanding recall notice either at the point of sale or may become subject to such a recall at any time in the future.
Part-Exchange
36. We are not obliged to provide a part-exchange option when selling the Vehicle and our decision to examine and value a PartExchange Vehicle, including any valuation that may be given, is solely at our discretion.
37. If we are willing to accept a Part-Exchange Vehicle as part of the Price we will provide you with a valuation for the Part-Exchange Vehicle (“Part-Exchange Valuation”). If the Part-Exchange Vehicle sustains subsequent and/or additional damage or develops a mechanical fault in between the time of or inspection and delivery of the part-exchange Vehicle to us it is deemed that this change in material condition will reduce the Part-Exchange Valuation. Please refer to condition 40 below.
38. You have no obligation to accept any Part-Exchange Valuation and can change your mind about a part-exchange at any point prior to collection of the Vehicle and our acceptance of the Part-Exchange Vehicle, as long as you notify us of your decision 24 hours before the Collection.
39. Where you wish to accept any Part-Exchange Valuation that is not documented on the Order and/or Sales Invoice that we have provided and wish to continue with the part-exchange you must notify us in writing and at that point we will recalculate the Price to take into account the Part-Exchange Vehicle Valuation in exchange for you transferring the Part-Exchange Vehicle and ownership of the Part-Exchange Vehicle to us. A new Order and /or Sales Invoice will be provided to reflect any allowance in price for a Part Exchange Vehicle and sent to you by email.
40. Unless you have notified us that you will not be part-exchanging the Part-Exchange Vehicle, on Delivery we will not hand over the Vehicle until we have confirmed that it is in the same condition as communicated to us when we provided the Part-Exchange
Valuation.
41. For the avoidance of doubt, we are entitled to amend a Part-Exchange Valuation and reject a Part-Exchange Vehicle which is delivered to us for any reason, including but not limited to circumstances where:
(a) The condition of the Part-Exchange Vehicle has changed since we provided the Part-Exchange Vehicle Valuation or the condition of the Part-Exchange Vehicle is not as stated in the description given by you;
(b) There is a discrepancy in the recorded mileage of the Part-Exchange Vehicle;
(c) The Part-Exchange Vehicle has been subject to a total loss claim;
(d) Any other issue is identified by a HPI check or equivalent vehicle history check on the Part-Exchange Vehicle;
(e) The Part-Exchange Vehicle is not your property to dispose of, or you do not have the right to sell it;
(f) The V5 registration documentation for the Part-Exchange Vehicle is missing, incomplete or is not in your name.
42. In the event that a Part-Exchange Vehicle is rejected, we are entitled at our option to:
(a) Reject the Part-Exchange Vehicle entirely and require payment of the Price by another means; or
(b) Provide a new Part-Exchange Valuation in relation to the Part-Exchange Vehicle.
43. When delivering a Part-Exchange Vehicle, you must provide:
(a) All sets of keys to the Part-Exchange Vehicle; and
(b) The V5 registration document in your own name and address and any associated documentation (such as service books) for the Part-Exchange Vehicle;
44. Without items detailed in 42A and 42B above the Part-Exchange Vehicle will not be accepted.
Please Note: We do not store Part-Exchange Vehicles. If you cancel an order after collection and have partly funded the purchase with a Part Exchange Vehicle which has been taken away, where possible we will make any Part-Exchange Vehicle available for collection. But in the event that we are no longer able to do so, we will refund the Part-Exchange Valuation amount to you by bank transfer within 14 days after cancellation.
Collection
45. We will contact you normally by telephone to arrange an appointment for collection of the Vehicle which will be from the sales site where the Order was completed. Should you prefer we can arrange collection from another of our sales sites by you giving us 3 days prior notice and this being agreed by us. We will contact you once the Vehicle is ready for collection.
46. Subject to any finance agreement that you may have in place, ownership of the Vehicle and the right to collect it will pass to you once we have received payment of the Price in cleared funds and have accepted delivery of any Part-Exchange Vehicle we have agreed to accept as part payment of the Price. We remain the owner of the Vehicle until payment of the Price has been made in full and cleared funds have been received by us.
47. If you do not collect the Vehicle within 7 days of us notifying you that it is ready for collection then we shall be entitled to terminate our Contract with you by giving you 3 days written notice of our intention to do so.
Your obligations
48. By entering into the Contract with us, you agree that you will co-operate with us and provide us with any information we may request in order to perform our obligations under the Contract.
49. You must hold a valid driving licence which allows you to drive in the UK in order to place an Order with us and you are responsible for ensuring that the Vehicle is fully insured, taxed and maintained from the point at which ownership passes to you.
Your rights of cancellation return and refund
50. You can cancel your Contract with us at any point before you collect the Vehicle by contacting on 01403 784895 or by email at [email protected]
51. If you cancel an Order after it has been agreed or actioned we will treat the contract as cancelled and we will seek reasonable damages which may be more, less or equal to the deposit placed.
52. As a consumer, you also have legal rights in relation to a Vehicle that is faulty, not of satisfactory quality or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
53. If you wish to exercise your legal rights, you should contact us in the ways set out in Condition 50 above. You must return the Vehicle to us at the sales site from which it was collected at your own cost.
54. If you exercise your legal right to reject the Vehicle and ask for a refund we will:
(a) Refund you the Price you paid for the Vehicle. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Vehicle; and
(b) Make any refund due to you as soon as possible and in any event within 14 days after the day on which you return the
Vehicle to us.
Our liability to you
55. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
56. We only supply the Vehicle for domestic and private use. You agree not to use the Vehicle for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
57. We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of your legal rights under The Consumer Rights Act 2015 (which include the right to receive goods that match any description given, are of satisfactory quality, fit for their usual purpose and any particular purpose which you have made known to us); and
(d) For defective goods under the Consumer Protection Act 1987.
Termination and Consequences
58. Without prejudice to any other remedies or rights under the Contract or otherwise, we may terminate the Contract with you at any
time by giving you written notice if you:
(a) Commit a material breach of any of the Terms, which shall include non-payment of the Price, failure to collect the Vehicle within 7 days of us notifying you that it is ready for collection, and (if such breach is remediable), fail to remedy the breach within such time period deemed appropriate by us at the time, of being notified in writing.
(b) Are the subject of a bankruptcy petition or order or we believe it reasonably likely that you will be the subject of a bankruptcy petition or order.
Upon termination of the Contract for any reason
59. If you have made full payment for the Vehicle we may deliver it to you or refund you the Price at our discretion;
60. If you have not made full payment, we may take possession of the Vehicle and refund you the Deposit and any other part of the Price which you have paid less our reasonable administrative costs or require immediate payment of the remaining balance of the Price at our discretion.
61. The accrued rights and remedies of each party as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
62. For the avoidance of doubt, where we take possession of the Vehicle as a result of our termination of the Contract or where you cancel the Contract, we may display the Vehicle for sale on our Site or in a showroom and use it in any demonstration or test-drive, and sell the Vehicle to another customer.
Contacting us
63. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us on 01403 784895 or by e-mailing us at [email protected].
64. If we have to contact you or give you notice in writing and we are not able to do so in person, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
How we use your personal data
65. We will collect your personal data as part of our Contract with you. We only use your personal data in accordance with the Privacy Policy available on our website. Please ensure you read the Privacy Policy as it includes important terms which will apply to you. Events outside of our control
66. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event or event which is beyond our reasonable control (an “Event Outside Our Control”).
67. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects your collection of the Vehicle,
we will arrange a new collection date with you after the Event Outside Our Control is over.
68. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund any part of the Price which you have already paid.
Our right to vary these Terms
69. We amend these Terms from time to time. We state at the beginning of the Terms when they were last updated. Every time you place an Order with us, the Terms in force at the time of your Order will apply to the Contract between you and us.
70. We may revise these Terms as they apply to your Order from time to time to reflect any changes in relevant laws and regulatory requirements.
71. If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will refund any part of the Price which you have already paid.
Other important terms
72. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our
obligations under these Terms.
73. Where we refer to “in writing” in these Terms, this includes email.
74. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
75. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
76. Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
77. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by English law. This means a Contract for the purchase of a Vehicle and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.