NISSAN RETAIL GROUP UK LIMITED
TERMS AND CONDITIONS FOR THE SALE OF NEW AND USED VEHICLES
These are the terms and conditions on which we shall supply vehicles to you (the Contract). You should read them carefully before you submit your order to us and make sure you understand them before signing. These terms tell you who we are, how we will provide the vehicles to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you require any changes, you should request them to be made in writing and signed by both parties.
Your attention is in particular drawn to the provisions of the condition headed ‘Extent of Our Liability’.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are Nissan Retail Group UK Limited a company registered in England and Wales. Our company registration number is 02304689 and our registered office is at Head Office, Renault London West, Concord Road, Western Avenue, London, W3 0RZ. Our registered VAT number is GB 627084438
Alternatively you can contact us by writing to the General Manager of the dealership you dealt with. Full postal addresses of all RRG Dealerships can be found on the Nissan Retail Group website.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
OUR CONTRACT WITH YOU
Our Contract with you shall arise when you sign the order form in one of our showrooms.
We will assign an order number which shall be set out in the order form. It will help us if you can tell us the order number whenever you contact us about your order.
All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving you an idea of the vehicle described in them. We have made every effort to be as accurate as possible in providing you with a description of the vehicle. However, your vehicle may vary slightly; for example, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the vehicle.
If you are ordering a new vehicle with specific options, you are responsible for ensuring that the specifications are correct on the order form.
BUYING AS A CONSUMER
If you are buying a vehicle as a Consumer, you are entitled to additional rights by law (including under the Consumer Rights Act 2015) relating to the satisfactory quality and fitness for purpose of the vehicle. Your available remedies are also set out in law and briefly in these terms. Nothing in these terms and conditions will affect those rights. If you have any doubts about your rights, you should seek advice from your local trading standards office.
OUR RIGHTS TO MAKE CHANGES
We may make changes to the vehicle:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a safety risk.
Unless we agree otherwise in writing, the purchase price for the vehicle shall be the total purchase price set out in the order form or as otherwise notified to you in writing.
The purchase price for the vehicle shall, unless otherwise agreed, be inclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage.
If the rate of VAT changes between your order date and the date we supply the vehicle, we will adjust the rate of VAT that you pay, unless you have already paid for the vehicle (including delivery costs) in full before the change in the rate of VAT takes effect.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the vehicle at our expense.
Unless we agree otherwise in writing, full payment of the purchase price for the vehicle is due in pounds sterling prior to the delivery date.
Time for payment shall be of the essence and no payment shall be deemed to have been received by us until we have cleared funds.
DEFAULT INTEREST FOR LATE PAYMENT
If you fail to make any payments due under the Contract by the due date for payment then we may charge you interest on the overdue amount at the rate of 4% per annum above HSBC’s base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
RESPONSIBILITY FOR THE VEHICLE
The vehicle will be your responsibility from the time we deliver the vehicle to you.
The vehicle will not belong to you until we have received payment for the purchase price in full.
If you are given delivery of the vehicle prior to us receiving the payment of the purchase price in full, for whatever reason, then until the payment for the purchase price is received by us in full, the following further conditions will apply:
- · the vehicle will still be owned by us;
- · you must keep the vehicle comprehensively insured for the purchase price on our behalf against all risks to our reasonable satisfaction and on request produce the policy of insurance to us;
- · you must maintain the vehicle in satisfactory condition;
- · you will be responsible for any damage to or loss of the vehicle and shall hold the vehicle as our bailee;
- · you must return the vehicle to us if requested and if you fail to return the vehicle, we shall be entitled to take legal proceedings to recover the vehicle or the purchase price and we will be entitled to enter into your premises to recover the vehicle;
- · You shall not destroy, deface or obscure any identifying mark or packaging on or relating to the vehicle;
- · Your right to possession of the vehicle shall terminate immediately if (a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (if you are a company) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed over you or any part of your assets, or documents are filed with the court for the appointment of an administrator for you or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder, or any proceedings are commenced relating to your insolvency or possible insolvency; (b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under this Contract or any other contract between us, or are unable to pay your debts or cease to trade; or (c) you encumber or in any way charge any of the vehicle;
- · we shall be entitled to recover payment for the vehicle not withstanding that ownership of the vehicle has not passed from us;
- · you grant us, our agents and employees an irrevocable license at any time to enter the premises where the vehicle is or may be stored in order to inspect it or, where your right to possession has terminated, to recover it.
On termination of the Contract, howsoever caused, our rights contained in this clause shall remain in effect and your rights set out in the Consumer Rights Act 2015 shall remain in effect.
In respect of electric vehicles, if the battery pack is leased it will always remain the property of the lessor its successors or assignee.
The costs of delivery will be as told to you during the order process and will be set out on the order form. Prior to you signing the order form we shall notify you of the estimated delivery date. We shall agree an estimated delivery date with you before we complete the order process. If you have a delivery deadline you must notify us of this prior to signing the order form. The delivery date shall be set out in your order form.
We will deliver the vehicle to you on the delivery date set out in your order form, subject to payment being made in accordance with the order form and these terms.
Where we cannot meet the delivery date, we will contact you to arrange an alternative delivery date. If delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
Delivery of the vehicle will be at our premises. You can collect the vehicle from us at any time during our working hours.
YOUR LEGAL RIGHTS IF WE DELIVER LATE
You have legal rights if we deliver late. If we miss the delivery deadline for the vehicle then you may treat the Contract as at an end straight away if any of the following apply:
a. we have refused to deliver the vehicle; or
b. delivery by the delivery deadline was essential (taking into account all the relevant circumstances and you told us before we accepted your order that delivery by the delivery deadline was essential.
If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so as a result of the above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
If you do choose to treat the Contract as at an end for late delivery, you can cancel your order or reject any vehicle that has been delivered. After that we will refund any sums you have paid to us for the cancelled order and the delivery.
FAILURE TO TAKE DELIVERY
If you fail to take delivery of the vehicle within 14 days of the date that we have notified you that the vehicle is ready for delivery and you have not re-arranged the delivery date, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection by 7 days we shall have the right to cancel the Contract.
If we cancel the Contract we will write and tell you. We will then try to find another buyer for the vehicle. We will be entitled to retain your deposit until we have found a buyer. We will then refund your deposit less all reasonable losses and costs we suffer as a result of your failure to take delivery of the vehicle. If our reasonable losses and costs are in excess of the deposit, you will be required to pay us the balance.
If you offer us a vehicle in part exchange, then the following further conditions will apply:
- • you must own the vehicle or have the ability to acquire it and its accessories and no other party must have any interest in them;
- · in respect of a Renault or Nissan electric vehicle with a leased battery pack you must ensure that you have properly notified the lessor of the part exchange;
- · the vehicle must be delivered to us in the same condition as it was seen when we examined it and accepted your order (normal wear and tear excepted); and
- · the vehicle must be delivered to us before you collect your vehicle from us with the vehicle’s registration document, at which time ownership will pass from you to us.
Failure to meet any of these conditions will mean that we will not have to take delivery of your vehicle nor pay you the agreed amount and you will be required to pay the full amount of the purchase price of the vehicle you are buying from us.
We reserve the right to cancel the Contract if your part-exchange vehicle is not delivered through no fault of our own.
THIRD PARTY FINANCE
If the purchase price is to be financed by a finance company, you must obtain our prior consent.
CANCELLATION BY YOU
You may contact us to end your Contract at any time before we have delivered the vehicle and you have paid for it, but in some circumstances we may charge you for doing this, as described below. You will always have rights where the vehicle is faulty.
If you are ending the Contract for a reason set out below, the Contract will end immediately and we will refund you in full for any vehicle which has not been provided or has not been provided properly and you may also be entitled to further compensation. The reasons are:
1) we have told you about an upcoming material change to the vehicle (other than those referred to above in our right to make changes) which you do not agree to;
2) we have told you about a material error in the price or description of the vehicle you have ordered and you do not wish to proceed;
3) you notified us before we accepted your order that delivery by the delivery deadline was essential, and there is a risk that the delivery of the vehicle may be significantly delayed and we cannot agree a revised delivery date because of events outside our control;
4) you have a legal right to end the Contract if we are in breach of any terms.
If you end the Contract with us, we will refund any advance payment you have made for the vehicle which will not be provided to you.
If you end the Contract after the vehicle has been delivered to you, you must return the vehicle to us at the dealership you dealt with. The vehicle must be in the same condition it was delivery to you, subject to the usual wear and tear.
OUR RIGHTS TO END THE CONTRACT
We may end the Contract at any time by writing to you if we are unable to collect payment from you when it is due and you still do not make payment within 30 days of us reminding you that payment is due.
If we end the Contract for the above reason we will refund any money you have paid in advance for the vehicle which we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
If the actual cost of the vehicle licence or any equivalent is greater than the sum set out in the order form, you will have to pay us the increased sum to obtain the licence for you.
Where you purchase a new vehicle from us, the following further conditions will apply:
- · we will undertake any pre-delivery work specified by the manufacturer before the vehicle is delivered to you; and
- · we will undertake to obtain for you the benefit of any warranties or guarantees provided by the manufacturer.
The price of your used vehicle will reflect its age, condition and mileage. You will be given an opportunity to inspect it before taking delivery and to satisfy yourself that it is in accordance with the Contract. You will not be treated as having accepted the vehicle until you have physically inspected it. We may bring to your notice any defects in the vehicle of which we are aware before you sign the Contract. You agree to accept the vehicle with those defects. You are entitled to return the vehicle within a reasonable period of delivery if it is not in accordance with the Contract. You should report any defect to us at the first practical opportunity (other than those notified to you during the inspection), otherwise you will be deemed to have accepted the vehicle in that condition.
IF THERE IS A PROBLEM WITH THE VEHICLE
We are under a legal duty to supply a vehicle that is in conformity with the Contract. Nothing in these terms will affect your legal rights.
If you wish to exercise your legal rights to reject a vehicle you must either return it in person to the dealership you dealt with.
You may also have rights under any manufacturer’s warranty to cover the costs of any repairs. Your warranty could be invalidated if you take the vehicle to a non-authorised repairer, you should contact the manufacturer before taking the vehicle to a non-authorised repairer.
You will not have a right to the remedies for any defects arising from normal wear and tear, wilful damage, negligence by you, or any third party, use of the vehicle other than as recommended by us or the vehicle’s manufacturer, failure to follow our or the vehicle’s manufacturer’s instructions or any relevant alteration carried out without our approval.
Unless any warranty or guarantee (whether ours or the manufacturer) which you receive with your vehicle expressly entitles you to a replacement vehicle, we are not under any obligation to provide you with an alternative vehicle while any work is carried out under any warranty or guarantee.
EXTENT OF OUR LIABILITY
Nothing in these terms and conditions will exclude or limit our liability for death or personal injury caused by our acts or omissions or for fraud or fraudulent misrepresentation.
If you are buying this vehicle as a Consumer, then we will be responsible for the loss or damage you suffer, which is a foreseeable result of us breaking the Contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for any loss or damage which is not foreseeable.
If you are a Consumer and use the vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these terms and conditions will affect the statutory rights of a Consumer.
NON CONSUMER TRANSACTIONS
If you are purchasing the vehicle other than as a Consumer, then the following further conditions shall apply:
- · You will be entitled to the benefit of any express warranty or guarantee agreed in writing at the time of the Contract. Any such warranty or guarantee will be in substitution for your statutory rights and all other warranties, conditions and other terms implied by statutory common law (save for conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract;
- · we will not be liable to you for any loss of profit, loss of opportunity, loss of business, depletion of goodwill or loss of use, whether this arises as a direct, indirect or consequential loss nor for any consequential compensation whatsoever; and
- · You acknowledge that you have not entered into the Contract on the basis of any statements made by our employees or agents which have not been reduced to writing and signed by both parties.
EVENTS OUTSIDE OUR CONTROL
We reserve the right to defer the date of delivery or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either yours or our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give us written notice to cancel the Contract.
If you have any complaints in relation to the vehicle you have purchased you can contact the Sales Manager at the dealership where you purchased the vehicle.
We will use the personal information you provide to us:
(a) to supply the vehicle to you;
(b) to process your payment for the vehicle;
(c) to share with any company within our group companies; and
(d) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
We will only give your personal information to parties outside our group companies where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under the Contract to another organisation, We will contact you to let you know if we plan to do this. This will not affect your rights or our obligations under this Contract. You may only transfer your rights or your obligations under the Contract to another person if we agree in writing. We may not agree if the transfer substantiality affect our rights or obligations under the Contract.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The Contract is governed by English Law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by English law. We both agree to the exclusive jurisdiction of England and Wales. However, if you live in Scotland you can bring legal proceedings in respect of the vehicle in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the vehicle in either the Northern Ireland or the English courts.