Mark Phillips Car Sales – Vehicle Sales Terms and Conditions
It is up to the customer to satisfy themselves of the condition of the vehicle at purchase. Nothing in our terms and conditions is intended to affect, nor will it affect, the customers statutory rights under the ‘Consumer Rights Act 2015’, or any amendment thereof, unless sold as ‘spares and repairs’.
Payment is deemed acceptance of our Terms and Conditions set out below;
1. Definitions
In these conditions:
“The Dealer” means ‘Mark Phillips Car Sales’
“The Customer” means the person, firm or company by whom the order is given.
“The Goods” means the vehicle which are the subject of the contract between the Dealer and the Customer.
“The Vehicle” means the motor vehicle which is the subject of the contract between the Dealer and the Customer.
“Consumer” shall have the meaning ascribed in relevant consumer legislation.
“CRA 2015” means the Consumer Rights Act 2015
2. Whole Contract
These conditions shall represent the entire agreement between the Dealer and the Customer and no other terms or conditions shall apply unless agreed in writing by the Dealer.
3. Interpretations
Words importing the singular shall include the plural and vice versa and words importing any gender shall include all genders.
4. Enforceability
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 conditions and the remainder of the provision in question shall not be affected thereby.
5. Written Confirmation
No order given by the Customer shall be binding on the Dealer unless, and until it is accepted by the Dealer in writing.
6. Delivery
Any date or period for delivery shall be considered as indicative only and time shall not be of the essence.
The Dealer shall not be liable for any delay in delivery of the Goods howsoever caused.
7. Used Goods
We only supply used Goods (vehicles), the Customer shall be deemed to have satisfied themselves as to the condition of the Goods prior to purchase and accepts that the Goods are sold subject to their age, condition and mileage.
8. Warranty
8.1 Where a warranty is provided, it shall be limited to a period of 90 days unless otherwise stated in writing. We do not warrant any vehicles that are used as a ‘taxi’ or ‘private hire vehicle’
8.2 The warranty shall not cover fair wear and tear or damage caused by misuse, neglect or accident.
8.3 Consumable items including but not limited to; cambelts/wetbelts, coil springs, diesel particulate filters, catalytic converters, clutches, tyres, bulbs and brake pads and brake components are excluded.
8.4 If the customer requires repairs to be carried out to the vehicle within the warranty period, the customer must return the vehicle back to the Dealer (unless otherwise stated by the Dealer) in order for these repairs to be carried out. It must be noted that we do not run a courtesy car scheme whilst any vehicle is off the road.
8.5 If a vehicle requires a repair as outlined within these terms and conditions, and the customer attempts to make a repair themselves or instructs a third party without prior written consent from the Dealer, then ‘we’ the Dealer will not be held liable or responsible for any repairs or costs incurred.
8.6 The three month warranty does not cover items deemed to be excluded from the description outlined in clause 7, items such as this are deemed to be but are not solely limited to Air Conditioning systems, minor electrical systems, climate control systems, radio/cd/sat nav/infotainement systems, door locks, heated windscreens, electric windows, electric seats, seat heaters, internal switch gear, interior/exterior bulbs, door and window seals, sunroof components, including drain tubes.
8.7 Vehicles sold on a ‘spares or repair’ or Trade B2B basis are not covered by the warranty and fall outside of ‘CRA 2015’ Vehicles sold on ‘Spares or Repair’ basis are deemed to be unroadworthy.
8.8 Voluntary Vehicle Buybacks
Where, at the customer’s request, we agree to purchase a vehicle back from the customer after 30 days from the original purchase date, the buyback will be subject to a separate written agreement confirming the agreed repurchase price and any applicable deductions.
Unless otherwise agreed in writing, the customer will be responsible for arranging and paying for the vehicle’s return to our premises.
In calculating the agreed repurchase price, we may take into account the mileage covered since the original sale, the period of ownership, the vehicle’s condition, its current market value and any relevant change in market conditions. Any mileage or usage adjustment will be explained to the customer and agreed as part of the written buyback agreement before the transaction is finalised.
This clause applies only to voluntary buybacks agreed by both parties. It does not affect or restrict any statutory rights the customer may have under applicable consumer law, including rights relating to faulty vehicles.
Extended Warranty Options – Added Protection and Total Peace of Mind
Protect your purchase with confidence by upgrading to our Gold Level Extended Warranty, available at an additional cost and easily arranged at the point of delivery.
Designed to offer truly comprehensive cover, this enhanced warranty goes far beyond the standard three-month protection, giving you reassurance when you need it most. With coverage available for up to 24 months from delivery, you can enjoy your purchase knowing you’re fully supported well into the future.
The Gold Warranty is ideal for customers who value long-term security, reduced unexpected repair costs, and complete peace of mind.
To find out more about what’s included and the very affordable pricing options available, simply ask a member of our team — we’ll be happy to guide you through the benefits and help you choose the right level of protection for your needs.
9. Variations
No variation to these conditions shall be binding unless agreed in writing by the Dealer.
10. Delivery and Payment
Unless otherwise agreed in writing, payment for the Goods shall be due in full upon notification that the Goods are available for collection, and a minimum of 24 hours prior to collection.
The Dealer reserves the right to refuse delivery until payment has been made in full.
11. Place of Delivery
Delivery of the Goods shall take place at the Dealer’s premises unless otherwise agreed.
12. Storage Charges
If the Customer fails to take delivery of the Goods within a reasonable time after notification, the Dealer reserves the right to charge for storage at a daily rate of £30.00
13. Loss or Damage
The Dealer shall not be liable for any loss or damage suffered by the Customer unless caused by the negligence of the Dealer.
14. Deposit
The minimum deposit required is £500.00, or 10% of the vehicle value, whichever is the greater. Any deposit paid by the Customer shall be non-refundable except in circumstances agreed by the Dealer or required by law.15. Retention of Title
The Goods shall remain the property of the Dealer until such time as the purchase price has been paid in full.
16. Vehicle Mileages
We carry out vehicle mileage checks via VOSA databases and will provide evidence where possible. Until verification is provided, recorded mileages cannot be relied upon as actual mileage covered.
17. Right of Lien
The Dealer shall have a lien over any Goods in its possession in respect of any sums owed by the Customer.
18. Part Exchange
Where a vehicle is taken in part exchange, the Customer warrants that the vehicle is their property and is free from all encumbrances, and mileage stated is warranted.The Dealer reserves the right to revalue the part exchange vehicle if it is not in the condition described, or changes between initial appraisal condition and any changes to the condition at handover. The Dealer shall have the right to drive the Vehicle on the road for the purposes of testing, inspection or delivery.
19. Data Protection
The Dealer may use personal data provided by the Customer for the purposes of administration, credit checking and marketing in accordance with applicable data protection legislation.
20.Distance Selling
All vehicles must be inspected by the customer at our premises prior to the completion of any sale; therefore, we do not offer or participate in distance sales.
21. Cancellation
If the Customer cancels the order, the Dealer reserves the right to retain the deposit and recover any reasonable costs incurred, and also for the re-advertising and valeting.
22. Dispute Resolution
Any dispute arising under these conditions shall be subject to the jurisdiction of the courts of England and Wales.
23. Vehicle Road Fund Licence and Insurance
Vehicles are not taxed or insured when sold, and it is the customer’s responsibility to purchase road tax and insurance to ensure the vehicle is legal and roadworthy before leaving our premises.
Spidersnet