Sale Terms & Conditions

Where the Customer is a consumer nothing in these terms and conditions shall affect the Customer's statutory rights

TERMS AND CONDITIONS

1. Definitions

1.1 “Terms and Conditions” means the provisions as set out in this document and as amended from time to time.

1.2 “Seller” means Mercedes-Benz UK Limited (registered in England and Wales with Company Number 02448457).

1.3 “Customer” means the person who purchases the Goods from the Seller.

1.4 “the Goods” means the motor vehicle to be purchased by the Customer on the Order.

1.5 “the Order” comprises the order form to which these Terms and Conditions are attached.

1.6 “the Contract” comprises the Order, these Terms and Conditions and Specification documents. In the event there is any inconsistency, the documents shall have the order of precedence as listed in this clause 1.6.

1.7 “Specification” means the Seller’s UK standard specification or such other specification as may be agreed between the Seller and the Customer which is duly detailed in the Order, subject to clause 4.

1.8 “Finance Company” means Mercedes-Benz Financial Services UK Limited (registered in England and Wales with Company Number 02472364), or such other finance provider as may be approved by the Seller from time to time.

1.9 In these Terms and Conditions words defined in the Order have the same meanings when used below.

1.10 “Events Outside Seller’s Control” means any circumstance not within the Seller’s reasonable control as detailed in clause 12.2.

2. Interpretation

2.1 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

2.2 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

3. Formation of the Contract

3.1 The Terms and Conditions apply to the Order to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law (notwithstanding terms which cannot be excluded at law), trade custom, practice or course of dealing.

3.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with the Terms and Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.

3.3 This Contract in respect of the Goods purchased by the Customer is subject to acceptance by the Seller issued electronically by the Seller to the Customer.

3.4 If the Customer chooses to pay for the Goods using a finance agreement with a Finance Company then the Customer will be required to enter into an agreement with the Finance Company and the Seller will sell the Goods to the Finance Company. Please refer to clause 11 for more details.

4. The Vehicle and Price

4.1 The Seller confirms the Goods shall conform to the details set out in the Order.

4.2 The Goods may be delivered with minor alterations to the specification where such alteration does not render the Contract fundamentally different to its intention or interfere with the Customer’s statutory rights.

4.3 The Goods may be amended without limitation in order to comply with applicable safety, statutory or other regulatory requirements. The Seller shall notify the Customer of changes to the specification of the Goods in the Order to comply with applicable safety, statutory or other regulatory requirements.

4.4 In the event of a model being superseded, the Seller reserves the right to supply an equivalent replacement model. If the Customer does not accept the equivalent replacement model, the Customer may cancel the Order prior to the delivery of the Goods.

4.5 The Goods shall have the benefit of such standard warranty from the manufacturer as is provided by the manufacturer as at the date of delivery. Details of the terms of that warranty can be found in the handbook located in the Goods or obtained from the Seller on request.

4.6 If the Seller shall vary the Contract price for the Goods in any way after the date of this Order for any reason before supply of the Goods, the Seller shall be entitled to give the Customer written notice that it intends to vary the Contract price and shall specify the proposed variation.

4.7 The Customer shall have the right within 14 days of receipt of such notice in 4.6 to cancel the Order and obtain reimbursement of any deposit paid. If the Customer fails to give such notice the price as varied by the Seller's notice shall become the Contract price for the Goods and the Customer shall be obliged to pay that price.

4.8 If the Goods cease to be manufactured the Seller may (whether an estimated delivery date has been provided or not) cancel the Order by notice in writing to the Customer. The Seller shall then refund to the Customer any deposit paid.

5. Payment and Passing of Property

5.1 The amount payable under the Contract is the price as specified in the Order. If no price is quoted, the price set out in the Seller’s published price lists in force as at the date of delivery shall be the amount payable.

5.2 Until the price has been paid in full with cleared funds by the Customer the Goods shall remain the property of the Seller. Unless otherwise agreed by the Seller payment shall be in pounds sterling.

5.3 Until the Goods are paid for in full the Customer shall grant the Seller (including its agent):

5.3.1 A full lien over the Goods;

5.3.2 An irrevocable right to repossess the Goods until such time as full payment for the Goods has been received by the Seller in cleared funds; and

5.3.3 An irrevocable licence at any time to enter using reasonable force (including breaking locks where necessary) any premises where Goods are or may be located in order to inspect and/or recover them. In the event that the Customer moves the Goods to premises owned by a third party, the Customer shall procure a licence in favour of the Seller to enter the premises of that third party for the purposes of repossessing the Goods.

5.4 The Goods will be the responsibility of the Customer and therefore risk shall pass from the time that the Goods are delivered to the Customer if the Seller is responsible for delivery or from collection from the Seller’s agent’s site if the Customer is responsible for collection. The actual time of delivery or collection will be the time that the keys to the Goods are passed to the Customer or the Customer’s agent by the Seller or the Seller’s agent.

5.5 Any transit damage (including missing items such as: spare wheel; manuals; tools and jack) should be noted on the vehicle delivery note and, in any case, shall be notified to the Seller in writing within 24 hours of delivery. The Seller (or their agent) will remedy any noted defects which are accepted as such by the Seller as soon as reasonably practicable.

5.6 The Customer may only reject the Goods if they have major transit damage, are materially non-compliant with the Specification, are fundamentally un-roadworthy, or in exercise of the Customer’s applicable statutory rights. Any such rejection must be received by the Seller (or agent) in writing within any applicable statutory period of rejection. The rejection must state the reasons for such rejection and, where requested by the Seller, the Customer shall provide reasonable evidence supporting such rejection.

5.7 If the Customer exercises their statutory right to reject the Goods, a refund (full or partial) will only be processed upon the Seller or the Seller’s agent having possession of the Goods (including all keys, manuals, tools and jack) and V5C document for the Goods, from the DVLA and/or the Customer.

5.8 The Seller reserves the right to deduct a reasonable amount from the refund to take account of the use the Customer has had of the Goods in the period since it was delivered to the Customer, taking into consideration mileage travelled, any damage caused and the condition of the Goods.

6. Delivery

6.1. Any delivery date given by the Seller is estimated only. Delivery by such estimated date is not guaranteed by the Seller and until clause 6.3 below has been invoked the Customer shall have no right to demand a refund of the deposit or to cancel this Order should that date not be adhered to.

6.2 In the event of a delay in delivery date, the Seller or agent shall contact the Customer as soon as possible and will take steps to minimise the effect of the delay. The Seller shall not be required to supply Goods in the sequence in which orders are placed. For the avoidance of doubt, delivery is at the Seller’s agent’s place of business unless otherwise determined in accordance with the Order.

6.3 If the Seller fails to make the Goods available for delivery within 30 days of any estimated availability date stated in this Order then, unless the Customer has agreed to any such delay, the Customer may upon expiry of the 30 day period by notice in writing to the Seller require delivery of the Goods within 10 days of receipt of such notice. If the Goods are not made available for delivery to the Customer within the said 10 days the Contract shall be cancelled and the Customer's deposit shall be refunded. The Customer's deposit shall not bear interest.

6.4 The Seller will, if requested by the Customer, provide a written explanation as to why there is a delay in making the Goods available for delivery.

6.5 If the Customer fails to take and pay for the Goods in pounds sterling within 14 days of being notified by the Seller or the Seller’s agent that they are available for delivery, the Seller shall be entitled to treat the Order as cancelled by the Customer and any deposit shall be refunded.

6.6 If the Customer shall fail to collect or accept delivery of the Goods having paid in full and title having passed to the Customer then the Seller or the Seller’s agent may store the Goods at the Customer’s expense for a period of 90 days. If collection has not taken place in 90 days the Goods will be sold by the Seller or the Seller’s agent on behalf of the Customer at a reasonable price and the proceeds shall be sent to the Customer using the same means as the initial payment method or at their last known address.

6.7 The Customer shall be liable for any loss, cost or expense incurred by the Seller resulting from the circumstances described in this clause 6.5 and 6.6.

7. Distance and Off-premises contracts

7.1 If the Customer has undertaken any of the following at the Seller or Seller’s agent’s premises: negotiated the Contract price; received any Contract documentation; accepted an offer; paid a deposit for the Goods or signed the Contract - then the Customer’s distance selling rights shall not apply because the Goods are deemed to be purchased on-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

7.2 If the Goods are purchased at a distance or off-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and if the Customer is a consumer:

7.2.1 The Customer has the right to cancel this Contract without giving any reason at any time within 14 days, beginning on the day after the Customer acquires physical possession of the Goods.

7.2.2 In this case, the Customer will receive a full refund for the price paid for the Goods, including the cost of standard delivery, subject to sections 7.2.3 to 7.2.9 below.

7.2.3 To cancel this Contract the Customer must inform the Seller or the Seller’s agent in writing or by using the cancellation form available on request from the Seller.

7.2.4 The Customer must return the Goods to the Seller or the Seller’s agent (at the contact details on the Order) immediately.

7.2.5 Until the Goods are accepted as returned by the Seller the Customer will remain liable for their condition and associated requirements including road fund licence and insurance, and for any fines, charges or penalties relating to the Goods or such requirements, and shall reimburse the Seller for any loss, cost or expense it suffers that result from a breach of Customer’s duties under this clause 7.2.5.

7.2.6 The Seller may withhold the refund until the Seller or the Seller’s agent receives the Goods or the Customer has supplied evidence acceptable to the Seller of having sent the Goods back, whichever occurs earliest. Alternatively, the Customer makes the Goods available for collection and pays the Seller's reasonable costs of collection (at the Customer's risk until collection).

7.2.7 The Seller shall make the refund (using the same means as the initial transaction, unless expressly agreed otherwise between the parties) without undue delay and not later than 14 days after the Seller or the Seller’s agent receives the Goods.

7.2.8 The Customer has a legal obligation to take reasonable care of the Goods while they are in the Customer’s possession. The Customer is liable for any diminished value of the Goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Goods. The Customer shall be liable for the cost to the Seller of repairing any damage caused to the Goods by the Customer.

7.2.9 The Seller may recover any amounts owed under this clause 7.2.5 and/or 7.2.8 by deducting from the Customer’s refund, or by separate invoice to the Customer to be paid within 14 days.

8. General

8.1 Where the Customer is not a consumer all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.

8.2 This Contract is entered into on the express representation that where the Customer is not a consumer (as defined by the Consumer Rights Act 2015) and the Goods are new they are: (i) not being purchased with a view to resale for commercial gain within a period of three months of the delivery date and/or (ii) they are not being exported outside of the United Kingdom.

8.3 Any transfer or assignment of any of the Customer’s contractual rights or benefits under this contract by the Customer is strictly prohibited save for the provisions detailed in clause 11 (Finance Companies).

8.4 The sum payable by the Customer in respect of value added tax shall be such as the Seller is actually required to account for in respect of the Goods at the time the relevant taxable supply occurs and any statement of such tax contained in the Order shall be deemed to be an estimate and liable to be varied accordingly.

8.5 The Seller operates a comprehensive customer complaints procedure; the Customer Service Charter is available at www.mercedesbenz. co.uk or from the Seller or Seller’s agent upon request.

8.6 If the Customer is unable to resolve their complaint using the Mercedes-Benz customer complaints process (see 8.5), the Customer can ask The Motor Ombudsman to review the complaint. More information is available at www.themotorombudsman.org. The Customer can make contact with The Motor Ombudsman by writing to 71 Great Peter Street, London, SW1P 2BN or calling 0345 241 3008. Alternatively, if the Goods are subject to a finance agreement, the Customer can ask the Financial Ombudsman Service to review the complaint. More information is available at www.financial-ombudsman.org.uk. The Customer can make contact with the Financial Ombudsman Service by writing to Exchange Tower, Harbour Exchange, London, E14 9SR or by calling 0800 023 4 567 or 0300 123 9 123.

8.7 Where the Customer is not a consumer, the Seller shall be entitled to, without notice to the Customer, set off any liability of the Customer to the Seller against any liability of the Seller to the Customer, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Contract and/or the Seller may invoice the Customer for any sums due to it by the Customer (such invoice payable within 14 days) under this Contract. Any exercise by the Seller of its rights under this clause 8.7 shall not limit or affect any other rights or remedies available to it under this Contract or otherwise.

9. Liability

9.1 Where the Customer is not a consumer, subject to Clause 9.3, the Seller shall not be liable to the Customer for the following types of loss or damage suffered by the Customer:

9,1,1 any loss of profits, sales, business, or revenue

9.1.2 loss or corruption of data, information or software

9.1.3 loss of business opportunity

9.1.4 loss of anticipated savings

9.1.5 loss of goodwill

9.1.6 any indirect or consequential loss

9.2 Where the Customer is a consumer the Seller shall not be liable to the Customer for loss or damage suffered by the Customer that is:

9.2.1 unexpected i.e. it was not obvious that it would happen and nothing the Customer said to the Seller before the Order meant the Seller should have expected it (in the law, the loss was unforeseeable)

9.2.2 caused by Events Outside Seller’s Control

9.2.3 avoidable, the Customer may have avoided the loss or damage by taking reasonable action

9.2.4 business loss relating to the Customer’s use of the Goods for the purposes of the Customer’s trade, business, craft or profession

9.3 This clause 9 does not limit the liability of the Seller for death or personal injury caused by the Seller's negligence or for fraudulent misrepresentation.

9.4 Subject to the above, the Seller’s maximum total liability to the Customer under or in connection with the Contract shall not exceed the price paid for the Goods.

10. Alterations to Specification

10.1 The Seller shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Seller is not responsible for such specification and supply.

11.Finance Companies

11.1 Notwithstanding the Terms and Conditions of this Order, upon the Seller notifying the Customer the full amount payable under the Order has become due the Customer may no later than 7 days before delivery arrange for a Finance Company to purchase the Goods from the Seller at the Contract price. The Terms and Conditions of this Order shall apply to such purchase with the Finance Company and the references to "delivery" or "delivered" in relation to the Goods shall be construed as meaning delivery or delivered by the Seller to or to the Order of such Finance Company and the Seller shall be accountable to the Finance Company on behalf of the Customer for any deposit paid by the Customer in respect of this Order.

11.2 The Customer may have a right to withdraw from a finance agreement. The Customer should refer to the terms of Finance Company for more information on the right to withdraw.

12. Events Outside Seller’s Control

12.1 The Seller shall not be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events outside seller’s control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 30 days, either party may terminate the Contract by giving 14 days’ written notice to the other.

12.2 events outside seller’s control means any circumstance not within the Seller’s reasonable control including, without limitation:

12.2.1 acts of God, flood, drought, earthquake or other natural disaster

12.2.2 epidemic or pandemic

12.2.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations

12.2.4 nuclear, chemical or biological contamination or sonic boom

12.2.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent

12.2.6 collapse of buildings, fire, explosion or accident

12.2.7 any labour or trade dispute, strikes, industrial action or lockouts

12.2.8 non-performance by suppliers or subcontractors

12.2.9 interruption or failure of utility service

13. Jurisdiction

13.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

13.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.