Standard Terms and Conditions For The Supply Of Goods And Services - Motor Plus Motorhomes
These terms and Conditions affect your legal rights, please read them carefully.
Your attention is specifically drawn to the provisions of clauses 14 and 16.
1. DEFINITIONS 1.1 When the following words with capital letters are used in these Terms,this is what they will mean:
1.2 When We use the words "writing" or "written" in these Terms, this willinclude e-mail unless We say otherwise.
- Event Outside Our Control: is defined in clause 15.2;
- Goods: the goods that We are selling to you as set out in thePurchase Order, including but not limited to the vehicle, any parts,replacement parts, accessories or otherwise;
- Purchase Order: your order for the Goods, Product and/or Servicesas set out overleaf;
- Product: the vehicle We create or modify for you as a result of theServices, as set out in the Purchase Order;
- Service Worksheet or Job Card: the documents provide by Us toYou when we service or repair your vehicle.
- Services: the services that We are providing to you as set out in thePurchase Order, including but not limited to the repair and servicing ofyour vehicle, habitation and hibernation checks, installation and fitting of awnings, satellite dishes, media packs, bike racks, tow bars,reversing cameras, and parking sensors plus a wide range of otheraccessories;
- Terms: the terms and conditions set out in this document; and
- We/Our/Us: Motor Plus Derby Limited trading as Motor PlusMotorhomes, a company incorporated in England and Wales whoseregistered office is at Chapel Street, Derby, Derbyshire, DE1 3GU andwhose company number is 03473314.
2. OUR CONTRACT WITH YOU2.1 These are the terms and conditions on which We supply Goods, orServices, or both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that thedetails on the Purchase Order and in these Terms are complete andaccurate, before you sign and submit the Purchase Order. If you thinkthat there is a mistake or require any changes, please contact Us todiscuss. We will confirm any changes in writing to avoid any confusionbetween you and Us.
2.3 When you sign and submit the Purchase Order to Us, this does notmean We have accepted your order for Goods and/or Services. Ouracceptance of the Purchase Order will take place as described inclause 2.4. If We are unable to supply you with the Goods and/orServices, We will inform you of this and We will not process thePurchase Order.
2.4 These Terms will become binding on you and Us when the PurchaseOrder is approved by Our management team, at which point acontract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Purchase Order, thePurchase Order will take priority.
2.6 We shall assign an order number to the Order and inform you of itwhen We confirm the Order. Please quote the order number in allsubsequent correspondence with Us relating to the Order.
2.7 Our website, catalogue and brochure are solely for the promotion ofOur Goods in the UK. Unless otherwise agreed in writing, We do notaccept orders from or deliver to addresses outside the UK. In anyevent, You will be responsible for organising any importdocumentation and for the payment of any taxes.
2.8 The images of the Goods on Our website or in Our promotionalmaterial are for illustrative purposes only. Although We have madeevery effort to display the colours accurately, We cannot guaranteethat your computer's display of the colours or the printed picturesaccurately reflect the colour of the Goods. Your Goods may varyslightly from those images. Although We have made every effort to beas accurate as possible, because some of our Goods and Productsare finished by hand, all sizes, weights, capacities, dimensions andmeasurements indicated on Our website or in Our promotionalmaterial may be slightly different.
2.9 In addition, as some of Our Goods and Products are finished orinstalled by hand there may be slight deficiencies or distortions in thefinish (including panelling) of the Products. You also acknowledgethat due to the way in which Goods or Products are installed andsecured to vehicles there may be minor imperfections in the roof orpanelling of the vehicle. In addition, where Goods are installed intovehicles there may be weight implications for the Product which maynecessitate additional works in respect of suspension or thestrengthening of chassis of the Product, we will endeavour to adviceyou of these implications before the Services are performed.
3. CHANGES TO ORDER OR TERMS3.1 We may revise these Terms from time to time in the followingcircumstances:
3.2 If We have to revise these Terms under clause 3.1, We will give youat least one month's written notice of any changes to these Termsbefore they take effect. You can choose to cancel the contract inaccordance with clause 16.4(c).
- changes in how we accept payment from you; and
- changes in relevant laws and regulatory requirements.
3.3 You may make a change to the Purchase Order for Goods and/orServices within seven (7) calendar days of placing a Purchase Orderby contacting Us, except in the case of custom-made Goods orProducts. In the case of changes to custom-made Goods or Products,there may be additional charges in respect of installation and servicecharges on behalf of the manufacturer, We will endeavour to makeyou aware of these additional charges when you make a changerequest. Where this means a change in the total price of the Goods,Products or Services, We will notify you of the amended price inwriting and we are obliged to obtain your express consent toadditional charges. You can choose to cancel the Purchase Order inaccordance with clause 16 in these circumstances.
3.4 If you wish to cancel a Purchase Order before it has been fulfilled,please see your right to do so in clause 16. In the case of custommadeGoods or Products, unfortunately, because We make theseGoods or Products to your specific requirements, you will not be ableto cancel a Purchase Order once it is made. However, wherepossible we will accommodate your required changes in accordancewith clause 3.3.
4. CUSTOM-MADE GOODS OR PRODUCTS4.1 We manufacture or install, or procure the manufacture or installation,of the Goods or Products according to the instructions andspecifications you provide Us and to the extent that these instructionsand specifications can be met using commercially available practicesand processes. We will endeavour to advise you when such practicesand processes are not widely used or commercially practiced.
4.2 Please make sure your instructions and specification are correct andaccurate. Unfortunately, We cannot accept the return of custom-madeGoods or Products if the reason for the return is because youprovided Us with incorrect instructions and specification. However,this will not affect your legal rights as a consumer in relation tocustom-made Good or Products that are faulty or not as described.Advice about your legal rights is available at your local Citizen'sAdvice Bureau or Trading Standards office.
5. DELIVERY OF GOODS5.1 Please note that timescales for delivery will vary depending on theavailability of the Goods. You acknowledge that in the case ofcustom-made Products we rely on other manufacturers and suppliers,and the availability of some options may delay the delivery of theGoods.
5.2 Please allow for extra time for deliveries to the Scottish Highlands.Unless otherwise agreed in writing, We do not deliver to addressesoutside the UK or to Scottish Islands.
5.3 You hereby acknowledge that most deliveries are made after 30calendar days of the acceptance of your Purchase Order and We willcontact you with an estimated delivery date. Occasionally Ourdelivery to you may be affected by an Event Outside Our Control. Seeclause 15 for Our responsibilities when this happens. We wouldstrongly advise that you do not make any arrangements in respect oftravel or holiday bookings until you are in receipt of your Goods orProduct.
5.4 All Goods or Products will be collected from Our premises, unlessotherwise agreed in writing. We may agree to delivery the Goods orProducts to your home or another location only in exceptionalcircumstances, subject always to clause 11.4.
5.5 You can collect the Goods or Products from Us on the date and timewe state that the Good or Products will be available for yourcollection. The date and time for collection will be between Ourworking hours of 09:00 to 17:00 on weekdays (excluding bank andnational holidays in England). Unfortunately, we do not offercollections at weekends.
5.6 Upon collection of Goods or Products we provide a vehicle handoverto familiarise you with the main functions and operations of yourProduct.
5.7 Delivery of a Purchase Order shall be completed when We deliver theGoods to the address you gave Us or you collect them from Us.
5.8 The Goods will be your responsibility from the completion of deliveryor from when you collect the Goods from Us, whichever is the earlier.You own the Goods once We have received payment in full.
6. IF THE GOODS ARE FAULTYAs a consumer, you have legal rights in relation to Goods that arefaulty or not as described. Advice about your legal rights is availablefrom your local Citizens' Advice Bureau or Trading Standards office.Nothing in these Terms will affect these legal rights.
7. THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS ANDADDITIONAL WARRANTIES7.1 New vehicles (excluding nearly new and used vehicle) replacementparts, accessories and other Goods may come with a manufacturer'sguarantee. For details, please refer to the manufacturer's guaranteeprovided with the Goods.
7.2 This guarantee is in addition to your legal rights in relation to theGoods that are faulty or not as described. Advice about your legalrights is available from your local Citizens' Advice Bureau or TradingStandards office.
7.3 Additional warranties can be purchased from third party suppliers.
8. SELLER'S GUARANTEE OF GOODS8.1 We guarantee that on delivery and for a period of three (3) monthsfrom delivery, the Goods shall be free from material defects. However,this guarantee does not apply in the circumstances described inclause 8.2.
8.2 This guarantee does not apply to any defect in the Goods arisingfrom:
8.3 This guarantee is in addition to your legal rights in relation to theGoods that are faulty or not as described. Advice about your legalrights is available from your local Citizens' Advice Bureau or TradingStandards office.
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident,negligence by you or by any third party;
- if you fail to operate or use the Goods in accordance with the userinstructions;
- any alteration or repair by you or by a third party who is not one of Ourauthorised repairers; and
- any specification provided by you;
- minor imperfections in the roof or panelling of a vehicle caused bymanufacturing or installation techniques as set out in clause 2.9.
9. PROVIDING SERVICES9.1 We will supply the Services to you from the date set out in thePurchase Order, Service Worksheet or Job Card or if not set out inthese documents the date agreed between Us in writing until theestimated completion date set out in the Purchase Order.
9.2 We will make every effort to complete the Services on time. However,there may be delays due to an Event Outside Our Control. See clause15 for Our responsibilities when an Event Outside Our Controlhappens.
9.3 We will need certain information from you that is necessary for Us toprovide the Services, for example, interior measurements, modelnumber, VIN number or such other information as we may reasonablyrequest. We will contact you about this. If you do not, after beingasked by Us, provide Us with this information, or you provide Us withincomplete or incorrect information, We may make an additionalcharge of a reasonable sum to cover any extra work that is required,or We may suspend the Services by giving you written notice. We willnot be liable for any delay or non-performance where you have notprovided this information to Us after We have asked. If we suspendthe Services under this clause 9.3, you do not have to pay for theServices while they are suspended, but this does not affect yourobligation to pay for any invoices We have already sent you.
9.4 We may have to suspend the Services if We have to deal withtechnical problems, or to make improvements agreed between youand Us in writing to the Services. We will contact you to let you knowin advance where this occurs, unless the problem is urgent or anemergency. You do not have to pay for the Services while they aresuspended under this clause 9.4 but this does not affect yourobligation to pay for any invoices We have already sent you.
9.5 If you do not pay Us for the Services when you are supposed to as setout in clause 11.7, We may suspend the Services with immediateeffect until you have paid Us the outstanding amounts (except whereyou dispute an invoice under clause 11.10). We will contact you to tellyou this. This does not affect Our right to charge you interest underclause 11.9.
9.6 If We design the Product for you, We will own the copyright, designright and all other intellectual property rights in the Product and anydrafts, drawings or illustrations We make in connection with theProduct for you.
10. IF THERE IS A PROBLEM WITH THE SERVICES10.1 In the unlikely event that there is any defect with the Services orProduct:
You will not have to pay for Us to repair or fix a defect with theServices or Product under this clause 10.1.
- please contact Us and tell Us as soon as reasonably possible;
- please give Us a reasonable opportunity to repair or fix any defect;and
- We will use every effort to repair or fix the defect as soon asreasonably practicable.
10.2 As a consumer, you have legal rights in relation to Services notcarried out with reasonable skill and care, or if the materials We useare faulty or not as described. Advice about your legal rights isavailable from your local Citizens' Advice Bureau or TradingStandards office. Nothing in these Terms will affect these legal rights.
11. PRICE AND PAYMENT11.1 The price of the Goods and/or the Services will be set out in Our pricelist in force, or as otherwise indicated to you, at the time We confirmyour Purchase Order. Our prices may change at any time, but pricechanges will not affect Purchase Orders that We have approved andconfirmed with you.
11.2 These prices include VAT except where you are purchasing subject toa VAT free purchase scheme, see Our site for further details. If therate of VAT changes between the date of the Purchase Order and thedate of delivery or performance, We will adjust the rate of VAT thatyou pay, unless you have already paid for the Goods and/or Servicesin full before the change in the rate of VAT takes effect.
11.3 We partake in the VAT free purchase scheme and therefore if youhave a long term illness or you are disabled you may not need to payVAT. However, it is your responsibility to self certify for the VATpurchase scheme. HMRC may determine that you are not eligibleand in this circumstance you authorise Us or HMRC to issue a VATinvoice in respect of any amount that may be deemed chargeable. Itwill be your responsibility to keep the HMRC updated in the event ofany change of circumstances in respect of your long term illness oryour disability.
11.4 The prices for the Goods exclude delivery costs away from OurPremises, which will be added to the total amount due in the eventthat we agree to deliver the Vehicle to your home or agreed location.We reserve the right to require payment of delivery costs upfront inadvance.
11.5 It is always possible that, despite Our best efforts, some of the GoodsWe sell may be incorrectly priced. We will normally check prices aspart of Our internal procedures so that, where the Goods' correct priceis less than Our stated price, We will charge the lower amount whendispatching the Goods to you. If the Goods' correct price is higherthan the price stated on Our site, We will contact you to tell you andfor your instructions. If the pricing error is obvious and unmistakeableand could have reasonably been recognised by you as a mispricing,We do not have to provide the Goods to you at the incorrect (lower)price.
11.6 Where We are providing Goods or Services to you, we may requestthat you make payment of a proportion of the Goods or Services inadvance by cash, credit or debit card. We accept payment withMastercard, Visa and Delta cards.
11.7 Your rights to a refund on cancellation are set out in clause 16. Wewill invoice you for the balance of the Goods or Services on or anytime after We have performed the Services or provided the Goods.Each invoice will quote the Purchase Order number. You must payeach invoice in cleared monies within seven (7) calendar days at thedate of invoice by debit or credit card.
11.8 In respect of new vehicles, We expect to receive payment in full andcleared funds in advance of the Product’s release from themanufacturer. You acknowledge that failure to make such payment inaccordance with this clause 11.7 may delay the date at which you areable to collect the Product.
11.9 If you do not make any payment due to Us by the due date forpayment, We may charge interest to you on the overdue amount atthe rate of three per cent (3%) a year above the base lending rate ofSvenska Handelsbanken AB (Handelsbanken) from time to time. This interest shall accrue on a daily basis from the due date until the dateof actual payment of the overdue amount, whether before or afterjudgment. You must pay Us interest together with any overdueamount.
11.10 However, if you dispute an invoice in good faith and contact Us to letUs know promptly after you have received an invoice that you disputeit, clause 11.9 will not apply for the period of the dispute.
12. PART EXCHANGE12.1 We may offer a part-exchange scheme for your current vehicle. Theownership of your current vehicle may be exchanged in part paymentfor Goods purchased from us. Therefore the price payable for yourGoods or Product will effectively be reduced by the value of yourcurrent vehicle.
12.2 Where requested we will provide a valuation for your vehicle. Youacknowledge that from time to time these valuations may be given ingood faith without a full inspection of the vehicle and/or based on yourdescription of the vehicle. To this extent we reserve the right toamend our valuation until we have had the opportunity to fully inspectthe vehicle and its documentation (service history, SORN etc).
12.3 If You misrepresent the condition, features or details of your vehicle,fabricate documentation, history, or in any way act dishonestly with Uswe reserve our right to recover from you any difference between thevalue of your vehicle and the part-exchange value of your vehicleprovided by Us in part-exchange for the Goods and/or Product.
13. DEPOSIT13.1 A Deposit is taken to reserve the Goods or Product for purchase byyou. We reserve the right to hold the Deposit in the event that youcancel the purchase of Goods or Product (in accordance with theprovisions of these terms and conditions and in particular clause 16)reserved for your purchase, and we may (at our discretion) return theDeposit (in whole or in part) in the event that the Goods or Productcan be resold at the same value.
13.2 You acknowledge that in respect of made-to-measure Goods theDeposit may not be returned at all. We go to considerable expensemodifying, manufacturing or installing Goods into your vehicle tocreate your Product or incur costs through our relationship withmanufacturers when we order made-to-measure Goods or Products.Custom-made Goods or Products are made to your specificationwhich may not meet the requirements of other customers.
14. OUR LIABILITY TO YOU14.1 If We fail to comply with these Terms, We are responsible for loss ordamage you suffer that is a foreseeable result of Our breach of theTerms or Our negligence, but We are not responsible for any loss ordamage that is not foreseeable. Loss or damage is foreseeable if theywere an obvious consequence of our breach or if they werecontemplated by you and Us at the time we entered into this contract.
14.2 If We are installing the Goods or Product and/or providing Services inyour property, We will make good any damage to your propertycaused by Us in the course of installation or performance. However,We are not responsible for the cost of repairing any pre-existing faultsor damage to your property that We discover in the course ofinstallation and/or performance by Us.
14.3 Where we are installing Goods into or on your vehicle this may requirethe removal of previously installed fixtures and fittings. Youacknowledge that due to the manufacturing processes of such fixturesand fittings they are often “one time fit only”, and whilst We willexercise reasonable skill and care in their removal We cannotguarantee that the fixtures and fittings will be capable of re-usefollowing their removal.
14.4 To the extent possible under the applicable law, Our liability under thecontract between you and Us shall be further limited to the value ofOur insurance coverage in respect of any loss or damage suffered byyou.
14.5 We only supply the Goods and/or Services or Product for domesticand private use. You agree not to use the Goods and/or Services orProduct for any commercial, business or re-sale purpose, and Wehave no liability to you for any loss of profit, loss of business, businessinterruption, or loss of business opportunity.
14.6 We do not exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence or the negligenceof Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act1979 and by section 2 of the Supply of Goods and Services Act 1982(title and quiet possession);
- breach of the terms implied by sections 13, 14 and 15 of the Sale ofGoods Act 1979 and sections 3, 4 and 5 of the Supply of Goods andServices Act 1982 (description, satisfactory quality, fitness for purposeand samples); and
- defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL15.1 We will not be liable or responsible for any failure to perform, or delayin performance of, any of Our obligations under these Terms that iscaused by an Event Outside Our Control.
15.2 An Event Outside Our Control means any act or event beyond Ourreasonable control, including without limitation strikes, lock-outs orother industrial action by third parties, civil commotion, riot, invasion,terrorist attack or threat of terrorist attack, war (whether declared ornot) or threat or preparation for war, fire, explosion, storm, flood,earthquake, subsidence, failure of suppliers to manufacture or delivergoods or provide services, epidemic or other natural disaster, orfailure of public or private telecommunications networks.
15.3 If an Event Outside Our Control takes place that affects theperformance of Our obligations under these Terms:
15.4 You may cancel the contract if an Event Outside Our Control takesplace and you no longer wish Us to provide the Goods and/orServices. Please see your cancellation rights under clause 16. We willonly cancel the contract if the Event Outside Our Control continues forlonger than twenty one (21) weeks in accordance with Ourcancellation rights in clause 16.
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time forperformance of Our obligations will be extended for the duration of theEvent Outside Our Control. Where the Event Outside Our Controlaffects Our delivery of Goods to you, We will arrange a new deliverydate with you after the Event Outside Our Control is over. Where theEvent Outside Our Control affects Our performance of Services toyou, We will restart the Services as soon as reasonably possible afterthe Event Outside Our Control is over.
16. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND16.1 Before We begin to provide the Services or the Goods are delivered,you have the following rights to cancel a Purchase Order for Goods orProducts (other than custom-made Good or Products) and/orServices, including where you choose to cancel because We areaffected by an Event Outside Our Control or We change these Termsunder clause 3.1 to your material disadvantage:
16.2 Unfortunately, custom-made Goods or Products are made to yourrequirements, you will not be able to cancel your Purchase Orderonce made (but this will not affect your legal rights as a consumer inrelation to custom-made Goods or Products that are faulty or not asdescribed).
- You may cancel any Purchase Order for Goods and/or Services atany time before the start date for the Services or within twenty four(24) hours of our acceptance of your Purchase Order for Goods orProducts by contacting Us. We will confirm your cancellation in writingto you.
- If you cancel a Purchase Order under clause 16.1(a) and you havemade any payment in advance for Services that have not beenprovided to you, or Goods that have not been delivered to you, Wewill refund these amounts to you. We may reduce your refund toreflect any reduction in the value of the Goods or Products, if this hasbeen caused by your handling them in a way which would not bepermitted in a shop for example.
- However, if you cancel a Purchase Order for Services under clause16.1(a) and We have already started work on your Purchase Order bythat time, you will pay Us any costs We reasonably incurred in startingto fulfil the Purchase Order, and this charge will be deducted from anydeposit or refund that is due to you or, if no refund is due to you,invoiced to you. We will tell you what these costs are when youcontact Us. However, where you have cancelled a Purchase Orderbecause of Our failure to comply with these Terms (except where Wehave been affected by an Event Outside Our Control), you do nothave to make any payment to Us.
- In addition, if you cancel a Purchase Order for Goods and/or Servicesin accordance with clause 16.1(a) your deposit may be forfeited inaccordance with clause 13.
16.3 Once We have begun to provide the Services to you, you may cancelthe contract for the Services at any time by providing Us with at least24 hours' notice in writing. Any advance payment you have made forServices that have not been provided will be refunded to you.
16.4 Once We have begun to provide the Services to you, you may cancelthe contract for Services with immediate effect by giving Us writtennotice if:
16.5 If you have returned the Products to us under this clause 16 becausethey are faulty or miss-described, we will refund the price of defectiveGoods or Products in full, any applicable delivery charges, and anyreasonable costs you incur in returning the item to us.
- We break this contract in any material way and We do not correct orfix the situation within days of you asking Us to in writing;
- We go into liquidation or a receiver or an administrator is appointedover Our assets;
- We change these Terms under clause 3.1 to your materialdisadvantage;
- We are affected by an Event Outside Our Control.
16.6 Any refund we make We will refund you on the credit card or debitcard used by you to pay.
16.7 If the Goods or Product were delivered to you, before you decide tocancel your Contract:
16.8 Because you are a consumer, we are under a legal duty to supplyProducts that are in conformity with this Contract. As a consumer, youhave legal rights in relation to Products that are faulty or not asdescribed. These legal rights are not affected by your right of returnand refund in this clause 16or anything else in these Terms. Adviceabout your legal rights is available from your local Citizens' AdviceBureau or Trading Standards office.
- you must return the Goods or Product to us as soon as reasonablypracticable. We will contact you to arrange a suitable time for return;
- unless the Goods or Product are faulty or not as described (in thiscase, see clause 16.5), you will be responsible for the cost ofreturning the Goods or Product to us or, where relevant, the cost of uscollecting the Goods or Product from you. We cannot confirm thecharge for collection in any great accuracy until we have madearrangements to do so;
- you have a legal obligation to keep the Goods or Product in yourpossession and to take reasonable care of the Goods or Productwhile they are in your possession.
17. HOW TO CANCEL A CONTRACT17.1 To cancel a Contract, please contact us in writing to tell us by sendingan e-mail, by calling, or by sending a letter to Us (contact details setout in clause 19). You may wish to keep a copy of your cancellationnotification for your own records. If you send us your cancellationnotice by e-mail or by post, then your cancellation is effective from thedate you sent us the e-mail or posted the letter to us. If you call us tonotify us of your cancellation, then your cancellation is effective fromthe date you telephone us.
18. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND18.1 If We have to cancel a Purchase Order for Goods (including custommadeGoods or Products) and/or Services before the Services start orthe Goods are delivered:
18.2 Once We have begun to provide the Services to you, We may cancelthe contract for the Services at any time by providing you with at leastone (1) calendar days' notice in writing. If you have made anypayment in advance for Services that have not been provided to you,We will refund these amounts to you.
- We may have to cancel a Purchase Order before the start date for theServices or before the Goods are delivered, due to an Event OutsideOur Control or the unavailability of stock or (in the case of Services)key personnel or key materials without which We cannot provide theServices. We will promptly contact you if this happens.
- If We have to cancel a Purchase Order under clause 18.1(a) and youhave made any payment in advance for Services that have not beenprovided to you, or Goods that have not been delivered to you, Wewill refund these amounts to you.
- Where We have already started work on your Purchase Order forServices or custom-made Goods or Products by the time We have tocancel under clause 18.1(a), We will not charge you anything and youwill not have to make any payment to Us.
18.3 We may cancel the contract for Services at any time with immediateeffect by giving you written notice if:
- you do not pay Us when you are supposed to as set out in clause11.7. This does not affect Our right to charge you interest underclause 11.9; or
- you break the contract in any other material way and you do notcorrect or fix the situation within 14 days of Us asking you to in writing.
19. INFORMATION ABOUT US AND HOW TO CONTACT US19.1 We are a company registered in England and Wales. Our companyregistration number is 03473314 and Our registered office is atChapel Street, Derby, Derbyshire, DE1 3GU. Our registered VATnumber is 705 7429 33.
19.2 If you have any questions or if you have any complaints, pleasecontact Us. You can contact Us by telephoning Our after salesdepartment at 01332 360444 or by e-mailing Us firstname.lastname@example.org .
19.3 If you wish to contact Us in writing, or if any clause in these Termsrequires you to give Us notice in writing (for example, to cancel thecontract), you can send this to Us by e-mail email@example.com , by hand, or by pre-paid post toMotor Plus Derby Limited at Chapel Street, Derby Derbyshire DE13GU. We will confirm receipt of this by contacting you in writing. If Wehave to contact you or give you notice in writing, We will do so by email,by hand, or by pre-paid post to the address you provide to Us inthe Purchase Order.
20. HOW WE MAY USE YOUR PERSONAL INFORMATION20.1 We will use the personal information you provide to Us to:
20.2 You agree that We may pass your personal information to creditreference agencies (particularly in the event that you take financeagreements out with carefully selected finance providers) and thatthey may keep a record of any search that they do.
- provide the Goods and/or Services;
- process your payment for such Goods and/or Services; and
- inform you about similar products or services that We provide, but youmay stop receiving these at any time by contacting Us.
20.3 We will not give your personal data to any other third party.
21. OTHER IMPORTANT TERMS21.1 We may transfer Our rights and obligations under these Terms toanother organisation, and We will always notify you in writing if thishappens, but this will not affect your rights or Our obligations underthese Terms. You acknowledge that we may have to subcontract theperformance of Our obligations under these Terms and you permit Usto do this.
21.2 You may transfer the benefit of the guarantee, to any purchaser ofyour property. You may only transfer your other rights or yourobligations under these Terms to another person if We agree inwriting. Warranty providers may charge you additional fees in order totransfer third party warranties to third parties.
21.3 This contract is between you and Us. No other person shall have anyrights to enforce any of its terms. However, the purchaser of yourproperty will have the benefit of the guarantee at clause 7.1 if youtransfer it to them, but We and you will not need their consent tocancel or make any changes to these Terms.
21.4 Each of the paragraphs of these Terms operates separately. If anycourt or relevant authority decides that any of them are unlawful, theremaining paragraphs will remain in full force and effect.
21.5 If We fail to insist that you perform any of your obligations under theseTerms, or if We do not enforce Our rights against you, or if We delayin doing so, that will not mean that We have waived Our rights againstyou and will not mean that you do not have to comply with thoseobligations. If We do waive a default by you, We will only do so inwriting, and that will not mean that We will automatically waive anylater default by you.
21.6 These Terms are governed by English law. You and We both agree tosubmit to the non-exclusive jurisdiction of the English courts.However, if you are a resident of Northern Ireland you may also bringproceedings in Northern Ireland, and if you are a resident of Scotland,you may also bring proceedings in Scotland.