Terms & Conditions
1. In these conditions:
“Buyer” means the person or seller from whom the order is received; “Seller” means Trek Group Limited. “Conditions” means the terms
and conditions of sale set out in this document and any special terms and conditions agreed by the Seller in writing. “Goods” means the
order placed by the buyer for the supply of the goods; “Price” means the price for the Goods excluding carriage, packing, insurance and
VAT.
2. Additional Benefits
(a) If the goods are new goods the benefit of the Manufacturer ’s warranty is passed unconditionally to the buyer.
(b) If the goods are used goods the buyer shall be entitled to the benefit of the seller ’s current used warranty as issued to the buyer (or
any unused manufacturer ’s warranty) the terms of which form part of this contract.
3. Alterations to specification or discontinuances of manufacturers
In the event of the manufacturers discontinuing the sale of any of the goods or altering the specification of any of the goods the
seller reserves the right either to: (a) deliver in fulfilment of this contract goods to the buyer conforming to the manufacturers
specification prevailing at the time of delivery to the buyers, in which case such goods shall be deemed to be within the definition
of “the goods” contained in these conditions of sale or (b) To cancel this contract and return any deposit paid by the buyer without
any further liability on the part of the seller.
4. Alterations to Price
The goods are sold at the sellers ruling price at time of delivery to the buyer. If prior to delivery, there is any increase in the quoted price
of the goods the buyer may within seven days of receiving notice of such increase cancel this contract and recover from the seller any
deposit paid. The seller shall be under no further liability.
5. Customer alterations to original order
If changes are made by the buyer to vehicle specifications after the confirmation has been received by the buyer, the seller reserves the
right to pass on to the buyer any associated costs arising from the alterations to the original agreement. These could be, but are not
limited to:
(i) Restocking charges for items no longer required.
(ii) Charges for parts that cannot be returned.
(iii) Administrative fee for changes to documentation such as IVA paperwork or retests.
(iv) Any additional parts and labour.
Trek will take all reasonable steps to minimize costs.
6. Delivery
(a) The seller shall use reasonable endeavours to deliver the goods at the place(s) and in the manner specified in the order, or as
otherwise agreed, but time shall not be of the essence and the seller shall not be responsible for any loss or damage caused to the buyer
by any delay of delivery
(b) Unless specified in the order the seller shall be deemed to have made a due delivery of the goods if the goods are collected by or on
behalf of the buyer or delivered to or collected by a carrier nominated by the buyer and such delivery shall be deemed to have taken
place the moment when the goods are received into the possession of the buyer, his servant, agent, representative or such carrier.
(c) The risk in the goods shall pass to the buyer on delivery. The legal and equitable property of the goods shall not pass to the buyer
until the purchase price has been paid in full to the seller and any cheque or other negotiable security has been honoured and any part
exchange vehicle with its registration document has been delivered to the seller free from all hire purchase and other encumbrances.
The buyer will be deemed to have accepted the goods upon delivery. The buyer has the right to examine the goods before delivery. Any
failure to pay the balance due shall entitle the seller to repossess the goods and sell them to a third party.
(d) No guaranteed delivery date can be given or implied.
7. Part Exchanges
(a) Where the seller has agreed to allow part of the price of the goods to be satisfied by the buyer selling a part exchange vehicle to the
seller, the part exchange allowance is agreed to the seller in the same condition as when inspected by the seller and as described in the
seller ’s appraisal.(b) In the event of the part exchange vehicle not being delivered by the buyer to the seller on or before delivery of the goods or being
delivered in a condition materially different from that on the seller ’s appraisal overleaf, then the seller may at its absolute discretion
cancel this contract or fulfil this contract without being obliged to purchase the part exchange vehicle at the part exchange allowance or
at all.
(c) In offering a used vehicle in part exchange for the goods the buyer represents: (i) that the used vehicle is the absolute property of the
buyer and is free from all encumbrances, and (ii) that the odometer reading represents to the best of the buyer ’s knowledge the total
mileage travelled by the vehicle.
(d) If the used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by the seller, then
any allowance offered by the seller and accepted by the buyer shall reduce by the amount to be paid by the seller in settlement of such
transaction.
8. Deposit
A deposit of such amount as shall be agreed between the seller and the buyer shall be paid by the buyer on signature of the contract. In
the event of the buyer cancelling the contract (save in accordance with conditions 3(b), 4 and 5(a) hereof) or failing to accept delivery or
failing to complete this contract, the deposit shall be forfeited to the seller, but such forfeiture shall not prejudice any other remedy
which the seller may have for breach of these conditions.
9. Negligence and consequential loss
(a) The seller shall be liable for any death or personal injury resulting from its negligence
(b) The sellers shall be liable for any breach of the implied terms set out in section 12 of the Sale of Goods Act 1979 (as amended).
(c) If the buyer deals as a consumer the seller shall be liable for any breach of the terms set out in section 12,14 and 15 of the Sale of
Goods Act 1979 (as amended), in so far as such terms are to be implied herein.
(d) (i) The seller will take reasonable care to ensure that the goods are of the description stated in the contract, of reasonable quality,
and reasonably fit for the ordinary purpose for which they are usually used. (ii) Save as set out in (i), the seller enters into no conditions,
warranties or other terms whatsoever in relation to the goods with respect to quality, fitness for any purpose or conformity with
description or sample
(e) The seller will not be bound by or liable for any representation of any kind made in connection with the goods.
(f) Save as set out above, the seller shall not be liable for any loss or damage whether caused by the negligence of the seller its servants
or agents, or in any other way whatsoever.
(g) The seller shall in no circumstances whatsoever be liable for any loss of profit, business or production or any similar loss or damage,
whether direct indirect or consequential, however caused. THIS CONDITION DOES NOT AND WILL NOT AFFECT THE STATUTORY RIGHTS
OF A CONSUMER.
(h) The aggregate liability under this condition shall not exceed the basic price.
10. Variation of Terms
No variation of these conditions of sale shall be effective unless made in writing and expressly accepted and agreed by or on behalf of
the seller. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offers,
invoices or other similar document or information issued by Trek Group Limited shall be subject to correction without any liability on
their part.
11. Warranties and Liabilities
(a) The goods shall be supplied in accordance with the description contained in the seller ’s specifications. The seller may from time to
time make changes in the specification of the goods which are required to comply with any applicable safety or statutory requirements,
or which do not materially affect the quality or fitness for purposes of the goods.
(b) The buyer agrees to indemnify the seller against all losses, damages, injury, costs and expenses of whatsoever nature suffered by the
seller to the extent that the same are caused by or related to designs, drawings or specifications given to the seller by the buyer in
respect of goods produced by the seller for the buyer.
(c) The seller shall not be liable to the buyer on any account whatsoever for any loss, expense or damage: (i) where any work is carried
out to the goods by any person other than the seller without the seller ’s written consent; (ii) caused by lack of maintenance and/or
inadequate or faulty maintenance of the goods carried out by the buyer or a third party.
12. Hire Purchase
If the buyer chooses to acquire the goods by any method of financing their purchase involving the sale of the goods to the provider of
the finance (“the finance house”) then the sale of the goods to the finance house shall be in complete satisfaction of the seller ’s
obligations to the buyer. Notwithstanding such sale the buyer shall remain bound by these conditions and the seller shall not be obliged
to deliver the goods to the buyer nor accept any vehicle taken in part exchange until the expiry of any statutory period of notice under
the Hire Purchase Act and the Consumer Credit Act 1974 or any other applicable legislation.
13. Validity
This contract shall not be effective unless it is signed by both the seller and buyer and shall not be assignable by either party.14. Proper Law
This contract shall be construed in accordance with and governed in every respect by English Law and all disputes arising out of or in
connection with this contract shall be decided by the English courts.
DATA PROTECTION ACT
We collect information directly from you when you apply to us to purchase a vehicle and when applying for finance. We use your
information to help us make decisions about other products/Services of which we feel could be of interested to you and disclose this to
finance companies and third parties. To stop contact please write to:-
Trek-Group Limited
Montgomery House
Sheephouse Wood
Stocksbridge
Sheffield
South Yorkshire
S36 4GS