Unity Automotive Group Limited is an Appointed Representative of Automotive Compliance Ltd, who is authorised and regulated by the Financial Conduct Authority (FCA No 497010). Automotive Compliance Ltd’s permissions as a Principal Firm allows Unity Automotive Group Limited to act as a credit broker, not as a lender, for the introduction to a limited number of lenders and to act as an agent on behalf of the insurer for insurance distribution activities only.
We can introduce you to a selected panel of lenders, which includes manufacturer lenders linked directly to the franchises that we represent. An introduction to a lender does not amount to independent financial advice and we act as their agent for this introduction. Our approach is to introduce you first to the manufacturer lender linked directly to the particular franchise you are purchasing your vehicle from, who are usually able to offer the best available package for you, taking into account both interest rates and other contributions. If they are unable to make you an offer of finance, we then seek to introduce you to whichever of the other lenders on our panel is able to make the next best offer of finance for you. Our aim is to secure the best deal you are eligible for from our panel of lenders.
Lenders may pay a fixed commission to us for introducing you to them, calculated by reference to the vehicle model or amount you borrow. Different lenders may pay different commissions for such introductions, and manufacturer lenders linked directly to the franchises that we represent may also provide preferential rates to us for the funding of our vehicle stock and also provide financial support for our training and marketing. But any such amounts they and other lenders pay us will not affect the amounts you pay under your finance agreement, all of which are set by the lender concerned. If you ask us what the amount of commission is, we will tell you in good time before the Finance agreement is executed. All finance applications are subject to status, terms and conditions apply, UK residents only, 18’s or over. Guarantees may be required.
CONTRACT
The order and any allowance in respect of a motor vehicle offered by the
Purchaser are subject to acceptance and confirmation by the Seller and a
Contract ("Contract") will only come into being upon such acceptance and
confirmation and the following clauses shall be incorporated in the Contract.
DELIVERY
- The Seller will use his best endeavours to secure delivery date or dates but
shall be under no liability whatsoever for loss occasioned by delay in
delivery arising out of any cause beyond the control of the Seller.
- new cars may be registered by the Seller in advance of the estimated
delivery date.
- if the goods are not delivered within three calendar months of the estimated
delivery date the Purchaser or the Seller may elect by notice in writing to the
other party to cancel this Contract. Upon such cancellation the Purchaser's
deposit shall be returned and the Seller shall be under no further liability to
the Purchaser;
- delivery shall be deemed to have been made on the date that the Goods
are made available for collection by the Purchaser and the Seller has given
notice to the Purchaser that the Goods are ready for collection.
FAILURE TO COLLECT GOODS
If the Purchaser shall fail to collect and pay for the goods within 14 days of
delivery as provided for in clause 2 ((d)) then the Seller may elect to treat the
Contract as repudiated by the Purchaser and thereupon the Purchaser's deposit
shall be returned less a sum equivalent to any damages loss or expenses which
the Seller may have suffered or incurred by reason of the Purchaser's default
and the Seller shall be under no further liability to the Purchaser.
OWNERSHIP OF GOODS
Notwithstanding delivery and the passing of risk in the Goods, or any other
provision of these terms and conditions, the property in the Goods shall not pass
to the Purchaser until the Total Retail Price has been discharged in full;
PART EXCHANGE
In the event that the Seller agrees to accept a used motor vehicle from the
Purchaser as partial payment for the price of the Goods ("Allowance") such
agreement shall be subject to the following conditions:
- the Purchaser warrants that
- the purchaser has good title to the used motor vehicle and it is
unencumbered by any third party interest whatsoever;
or
- the purchaser has declared all interests to which the used motor vehicle
is subject and whether (if known) the used motor vehicle was when new
supplied via the manufacturers official distributor for Great Britain.
iii. the particulars of the used motor vehicle given by the Purchaser are
correct and that so far as the Purchaser is aware the mileometer
reading is accurate
- so far as the Purchaser is aware the motor vehicle has not been the
subject of any accident or any other damage of whatsoever nature and
howsoever caused or any insurance claims or total loss claims
- and if any interests declared pursuant to clause ((a)) ((ii)) are capable of
cash settlement the Seller may elect to discharge such interests and deduct
expenditure from the exchange value offered;
- the used motor vehicle will be delivered in the same condition as the date it
was examined by the Seller (fair wear and tear excepted);
- that the used motor vehicle shall be delivered upon collection of the Goods
together with any spare key sets spare alarm remotes registration
documents service documentation MOT certificate service invoices warranty
documentation and all other appropriate documentation and with the
registration book completed and for the avoidance of doubt the Purchaser
shall not be permitted to collect the Goods until the used motor vehicle shall
have been delivered to the Seller;
- title to the used motor vehicle shall pass absolutely on delivery to the Seller;
- the exchange value quoted by the Seller shall be binding on the Seller for
one calendar month from the estimated date of delivery of the Goods and
thereafter, on giving notice to the Purchaser, may be reduced at a rate of
2.5% per month PROVIDED THAT nothing in this clause shall affect the
rights of the Purchaser under clause 2 ((c)).
In the event that any of the warranties in clause 6 ((a)) prove to be untrue or a
breach of clause 6(c), the Seller shall be entitled to revise the Allowance to take
account of such breach and where there is a reduction in the Allowance the
Purchaser shall be liable to pay the difference between the original and reduced
Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these Terms and Conditions.
DELAY IN PERFORMANCE
Neither party shall be liable to the other or be deemed to be in breach of the
Contract for reason of any delay in performing or any failure to perform, any of
their obligations under this Contract, if the delay or failure was due to any cause
beyond their Seller's reasonable control.
CONSUMER TRANSACTIONS
Where the Goods are sold under a consumer transaction (as defined by the
Consumer Transactions (restriction on statements) Order 1976) the statutory
rights of the Purchaser are not affected by these Terms & Conditions.
AUTHORITY
The Purchaser shall be deemed to be personally liable for the contract even
though he shall hold himself out as acting as agent for a Principal and despite
him having purported to sign the order form overleaf in a representative capacity
so that their liability shall be joint and several. The Purchaser warrants that he
has the authority to bind the Principal to this Contract as agent on its behalf
NEW GOODS / USED GOODS
- Where the Goods to be supplied by the Seller are new, then the following
conditions shall apply:
- the Purchaser shall be bound to pay any amount of car tax and value
added tax or other tax or duty that the seller has legally become bound
to pay, notwithstanding any amount specified on the order form;
- if before delivery of the Goods the Manufacturer/Concessionaire's
recommended retail price for the Goods shall be increased the Seller
shall give notice of the increase to the Purchaser whereupon the
Purchaser shall be entitled by notice in writing to the Seller to cancel the
contract within 21 days of the date of the Notice. Upon such
cancellation any deposit paid by the Purchaser shall be returned and
the Seller shall be under no further liability to the Purchaser. If no notice
is received within such period then the Purchaser shall be bound to
purchase the Goods at the increased price;
iii. in the event that the Manufacturer is unable to accept the order for the
Goods then the Seller may by notice in writing to the Purchaser cancel
the Contract. Upon such cancellation any deposit paid by the Purchaser
shall be returned and the Seller shall be under no further liability to the
Purchaser.
EXAMINATION OF GOODS
It is the purchaser’s responsibility to examine the Goods before completion of the delivery process and the Purchaser is reminded that the condition of satisfactory quality implied by the Sale of Goods Act 1979 does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by the seller to the Purchaser before the signing of the Contract, the condition of satisfactory quality referred to above does not operate in relation to those defects. The seller accepts no responsibility for damage reported once the purchaser has taken delivery of the car.
CLAIMS
Where any valid claim in respect of any of the Goods which is based on any
defect in the quality or condition of the Goods or their failure to meet the
specification is notified to the Seller, the Seller shall be entitled at its sole
discretion either to replace or repair the Goods (or the part in question) free of
charge or to refund the Purchaser the price of the Goods (or a proportionate part
of the price), but the Seller shall have no further liability to the Purchaser.
FINANCE
Notwithstanding the provisions of this Contract the Purchaser may arrange for a
Finance Company to purchase the Goods from the Seller at the price payable
hereunder and the Goods shall be delivered to or to the order of the Finance
Company.
NOTICES
Any notice that is given hereunder by the Seller may be given in writing or
communicated verbally. Notices in writing shall be posted or electronic mail to the
residence or place of business of the person to whom it is addressed and shall
be deemed to have been received, in the case of electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
WAIVER
Any waiver by the Seller or the Purchaser of any breach of Contract by the other
shall be in writing and shall be considered as a waiver of any subsequent
breach of the same or of any other provision. Without prejudice to the generality
of the foregoing, failure by either party to enforce or at any time or for any period
any one or more of the conditions shall not be a waiver of them or of the right at
any time subsequently to enforce all of them.
VARIATION TO THESE TERMS
Any variation of these Terms & Conditions shall not be effective unless made in
writing and signed by an authorised representative of the Seller and the purchaser.
INVALIDITY OF THESE TERMS
If any provisions of these Terms & Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the remaining
provisions of these Terms and Conditions and the remainder of the provision in
question shall not be affected thereby.
THIRD PARTY RIGHTS
No person who is not a party to the Contract may in its own right enforce any
terms of the Contract provided that this clause shall not affect any right or action
of any person to whom this Contract is lawfully assigned. Where the Purchaser
is not dealing as a consumer as defined in the Unfair Terms in Consumer
Contract Regulations 1999 as amended or replaced from time to time then the
following conditions will apply to the Contract in addition to conditions 1-18.
RETENTION OF TITLE
- Notwithstanding delivery and the passing of risk in the Goods, or any other
provision of these terms and conditions, the property in the Goods shall not
pass to the Purchaser until the Total Retail Price has been discharged in
full;
- until such time as the property in the Goods passes to the Purchaser shall
keep the Goods properly stored, protected and insured and identified as the
Seller's property;
- until such time as the property in the Goods passes to the Purchaser, the
Seller shall be entitled at any time to require the Purchaser to deliver up the
Goods to the Seller and if the Purchaser fails to do so forthwith, to enter
upon any premises of the Purchaser or any third party where the Goods are
stored and repossess the Goods;
- the Purchaser shall not be entitled to sell, pledge or in any way charge by
way of security for any indebtedness any Goods which remain the property
of the Seller, but if the Purchaser does so all monies owing by the
Purchaser to the Seller shall (without prejudice to any other right or remedy
of the Seller) forthwith become due and payable.
NEW GOODS
Where the Goods to be supplied by the Seller are new, then this Contract and
the provisions for delivery of the Goods shall be subject to any terms and
conditions which the Manufacturer/Concessionaire may lawfully have imposed
on the supply of Goods or the resale of such Goods by the Seller. The Seller
shall not be liable for any failure or delay in delivering the Goods caused by or
resulting from the Seller's compliance with the Manufacturers/Concessionaires
terms and conditions. A copy of the current terms and conditions of the
Manufacturers/Concessionaire is available on request.
CANCELLATION
Except as provided for in these Terms and Conditions, no order which has been
accepted by the Seller may be cancelled by the Purchaser except with the
agreement in writing of the Seller and on terms that the Purchaser's deposit
shall be forfeit and further that the Purchaser shall indemnify the Seller in full
against all loss (including loss of profit), costs (including the cost of all labour
and materials used), damages, charges and expenses incurred by the Seller as
a result of cancellation.
COMPLAINTS
All complaints must be made in writing and sent to info@unityautomotive.co.uk
DISTANCE SELLING
If, and only if, the customer has acted as a Consumer, where this agreement has been completed away from our business premises and/or without any face to face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving us any reason.
- This cancellation period will expire 14 days after the day on which you or a third party on your behalf takes delivery of the goods. To exercise the right to cancel you must inform us of your decision in writing by clear statement posted to the address as set out on our order form and received by us within expiry of the stated 14 day period.
- If you cancel the agreement the vehicle must be returned to us at your own cost within 7 days, we will reimburse you all payments received under this agreement without undue delay and no later than 14 days after the day on which we receive the goods back. If still available any part exchange vehicle will be returned as part of the reimbursement.
- You will be responsible for the cost of returning the good to us and for any loss or damage present.
- You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. A Mileage charge of 40p per mile will also be charged over and above the mileage noted on the vehicle at the time of delivery.
DEFECTIVE GOODS
Without prejudice to clause Examination of Goods any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or their failure to
correspond with specification shall (whether or not delivery is refused by the
Purchaser) be notified to the Seller within 14 days from the date of collection of
the Goods or the date of refusal of delivery as the case may be or (where the
defect of failure is not apparent upon reasonable inspection) within a reasonable
time after the discovery of the defect or failure. If delivery is not refused, and the
Purchaser does not notify the Seller as above the Purchaser shall not be entitled
to return or make any claim in respect of the Goods and the Seller shall have no
liability for such defect or failure, and the Purchaser shall be bound to pay the
price as if the Goods had been delivered in accordance with the Contract. EX RENTAL/LEASE CARS
A selection of our pre-owned cars may have had multi-users previously.
TRADE SALES
All cars are described as accurately as possible; cars are not checked mechanically. No warranty given or implied. Refunds are not offered under any circumstance.
LIABILITY
Except in respect of death or personal injury caused by the Seller's negligence,
the Seller shall not be liable to the Purchaser by reason of any representation,
or any implied warranty, condition or other terms, or any duty at common law or
under the express terms of this contract, for any consequential loss or damage
(whether for loss of profit or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (and whether caused by the
negligence of the Seller, its employees or agents or otherwise) which arise out
of or in connection with the supply of the Goods or their resale by the Purchaser, except as expressly provided in these terms and conditions.
FORCE MAJEURE
The Seller shall not be liable to the Purchaser or be deemed to be in breach of
the contract for reason of any delay in performing or any failure to perform, any
of the Seller's obligations in respect of the Goods, if the delay or failure was due
to any cause beyond the Seller's reasonable control. Without prejudice to the
generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
- act of god, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any
kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lockouts or other industrial actions or trade disputes
- difficulties in obtaining Goods, raw materials, labour fuel, parts of
machinery;
- power failure or breakdown of machinery.
- TERMINATION/SUSPENSION
- This clause applies if:
- the Purchaser (being a company) makes any voluntary arrangement
with its creditors or becomes subject to an administration order or has
an administrative receiver appointed or goes into insolvent liquidation or
(being a partnership) becomes wound up or a receiver is appointed or
enters into an individual voluntary arrangement; or
- an encumbrancer takes possession of any of the property or assets of
the Purchaser;
iii. the Purchaser ceases, or threatens to cease, to carry on business;
- the Seller reasonably apprehends that any of the events mentioned
above is about to occur in relation to the Purchaser accordingly.
- If this clause applies without prejudice to any other right or remedy available
to the Seller, the Seller shall be entitled to cancel this Contract or suspend
delivery under this Contract and forfeit any deposit paid by the Purchaser
without any liability to the Purchaser, and if the Goods shall have been
delivered but not paid for the price shall become immediately due and
payable notwithstanding any previous agreement or arrangement to the
contrary.
GUARANTOR
In the event of the Purchaser or the agent for the Purchaser being a limited
company, it is agreed that the Contract is being entered into at the request of
the signatory of the Order Form ("Guarantor") and in consideration of the
Contract being entered into at the request of the Guarantor, the Guarantor
warrants that the Purchaser is a properly constituted limited company
empowered to enter into the contract and that he had authority to bind the
Company to this contract as agent on its behalf and guarantees to the Seller (as
witnessed by his signature to the order form which he shall be deemed to have
signed both as agent for and on behalf of the Company and in his capacity of
Guarantor) as follows:
that the Purchaser will observe and perform all of its obligations under this
contract and will pay and make good to the Seller all losses, costs, damages
and expenses of the Seller occasioned by the non-performance or nonobservance
by the Purchaser of all of the terms and conditions of the contract or
any of them but without prejudice to the generality of the foregoing) the non
payment of the whole or any part of the Total Retail Price or any other monies
which may become due on delivery of the Goods and it is agreed that any
neglect or forbearance on the part of the Seller in enforcing or giving time to the
Purchaser for the performance of the terms and conditions of this contract or
any of them shall not in any way release or exonerate or in any way affect the
liability of the Guarantor under this condition and this condition shall not in any
way lessen any right of action of the Seller in respect of any non-observance, non-performance or other default by the Purchaser.
APPLICABLE LAW
This Contract shall be governed by the Laws of England and the Parties shall
submit to the jurisdiction of the English Courts.