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Selling A Vehicle

TERMS AND CONDITIONS

  1. Buyer confirms having checked the Vehicle specification, service record and anything else relevant to Buyer’s purchase decision prior to placing an order.

  2. Time is of the essence in relation to Buyer’s payment obligations. Unless otherwise stated overleaf or agreed in writing, Buyer will pay the price in the specified currency within 7 days of the date of this Agreement and Lawton Brook will not release the Vehicle until full payment has been received in cleared funds.

  3. Title to and insurance risk in the Vehicle will only pass to Buyer on receipt by Lawton Brook of the full price in cleared funds, after which Lawton Brook will have no obligation to insure it.  If exceptionally Lawton Brook releases or delivers the Vehicle to Buyer before full payment, insurance risk will pass to Buyer upon delivery.

  4. A minimum deposit of one thousand pounds (£1,000) is required with every order to demonstrate Buyer’s commitment to buy the Vehicle and Lawton Brook’s commitment to supply the Vehicle.  Any deposit in excess of one thousand pounds (£1,000) will be negotiated between Buyer and Lawton Brook.

  5. A part exchange allowance agreed with Buyer is based upon Buyer’s description of the vehicle to Lawton Brook or upon its inspection by Lawton Brook.  All valuations are based upon the assumption that a valid V5C will be handed over by Buyer.

  6. Any deposit, part payment or vehicle taken in exchange as part of the price will be retained by Lawton Brook as security for the Buyer’s obligations and/or against the full price. If the Buyer fails to pay the price in full by the due payment date, and after at least 7 days written warning, Lawton Brook may at its option treat the sale as terminated for breach of contract and may retain the sum held and all interest either against the work done or as agreed liquidated damages for Buyer’s breach.

  7. Where Lawton Brook has agreed to accept a vehicle in part exchange as stated overleaf, Buyer warrants (a) that is the legal and beneficial owner of the Vehicle, free from any encumbrances and third party rights (other than as disclosed to Lawton Brook) and has sole authority to sell it free from any third party consents and (b) that if the vehicle when seen by or delivered to Lawton Brook is not 100% as described by Buyer Lawton Brook may reject it, and Buyer will instead pay the balance price owed in cash to Lawton Brook within 7 days of rejection.

  8. Lawton Brook will not release or deliver the Vehicle to Buyer before full payment.  Accordingly, if Buyer is using a third party finance company to finance the purchase of the Vehicle it is Buyer’s responsibility to  ensure that cleared funds are received by Lawton Brook.  

  9. Lawton Brook require prior notice if Buyer is paying in cash.  A maximum limit of ten thousand pounds (£10,000) applies.

  10. The Vehicle will be supplied with the balance of the manufacturer’s warranty where available.  Where the manufacturer’s warranty has expired Lawton Brook will supply the Vehicle with a 6 month warranty from the date on which Buyer purchases the  takes delivery of the Vehicle from Lawton Brook.

  11. Where the Vehicle is ‘sold as seen without warranty” Lawton Brook recommends and may at its option require as a condition of any sale that Buyer should have the Vehicle inspected before the delivery by an independent engineer, and may require that the engineer’s report be accepted and initialled by Lawton Brook and Buyer as a true record of the mechanical, operational and cosmetic condition of the Vehicle at the time of delivery.

  12. Where the Vehicle is UK registered Buyer undertakes to become the registered keeper immediately upon delivery, by prompt application to DVLA.

  13. GENERAL

    1. Buyer will not be entitled to cancel or terminate this Agreement in any circumstances other than Lawton Brook being unable to deliver good title to the Vehicle.

    2. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.

    3. Any claim by Buyer based upon defects in the quality or condition of the Vehicle must be notified to Lawton Brook within a reasonable time period following the date of delivery, or where the defects were not apparent on a reasonable inspection, within a reasonable time period after discovery of the defect.

    4. If Buyer rejects the Vehicle pursuant to The Consumer Rights Act 2015 all keys, tools and documentation supplied must be present at the point of return.  The Vehicle must only be returned to Lawton Brook’s premises.

    5. This Agreement, in which time is of the essence, contains the entire agreement between the parties as to the sale of the Vehicle, supersedes all previous agreements, correspondence and verbal understandings between the parties as to the Vehicle, and may only be modified by a document in writing signed by the parties or their duly authorised representatives.

    6. Any notice to be given by either party may be given by hand or sent by first class or airmail pre-paid post to the other party at the respective addresses set out in this Agreement, and shall be deemed delivered and in the case of delivery by hand when delivered, in the case of a first class or airmail letter 48 hours after posting.

    7. This Agreement shall be governed by English law and any relevant dispute (including tort or non-contractual disputes) shall be determined by the courts of England and Wales to whose jurisdiction both parties hereby irrevocably submit.