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VANFINDER.CO.UK - General Terms and Conditions

 
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©2004 - 2008 Vanfinder.co.uk
Established 1998

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General Conditions

The General Terms and Conditions set out below are applicable to each and any service rendered by VANFINDER.CO.UK.

VANFINDER.CO.UK. as Broker intermediates between Dealer and Buyer in order to bring about purchase agreements between Buyer and Dealer with regard to a Vehicle.

Definitions

Additional Services: additional services to be rendered by VAN FINDER to Buyer;
Broker: broker;
Buyer: person who wishes to purchase a Vehicle;
VANFINDER.CO.UK: UK owned internet company
Dealer: Supplying dealer;
Deposit: a deposit paid by Buyer to the Dealer;
Broker Fee: remuneration received by VANFINDER.CO.UK, in consideration of its services;
Order form: confirmation of the Quotation by Dealer to Buyer;
Purchase agreement: a purchase agreement between Dealer and Buyer on the terms and conditions of the Dealer as mentioned on their Order form;
Quotation: quotation to be sent by VANFINDER.CO.UK to the Buyer with an offer for a specific Vehicle;
Quotation Form: quotation form to be found on the Website and to be filled out by prospective buyer;
Vehicle: the motorized vehicle referred to in the Quotation;
Website: VANFINDER.CO.UK. website.

1. Order, Quotation

1.1 Within seven (7) days after the receipt by VANFINDER.CO.UK of a completed Quotation Request Form from Buyer, which can be found at the Web site, VANFINDER.CO.UK will send a Quotation to the Buyer or Broker based on the information obtained by VANFINDER.CO.UK from Dealer.

1.2 VANFINDER.CO.UK will send the Quotation to the Buyer or Broker by telefax, ordinary mail or by e-mail.

1.3 If the Buyer agrees the contents of the Quotation and all the conditions mentioned therein, the original completed Quotation shall be duly undersigned for Approval by the Buyer (and Broker) and returned by mail to VANFINDER.CO.UK accompanied by a photocopy of Buyer’s passport and / or drivers licence.

1.4 By returning the completed and signed Quotation to VANFINDER.CO.UK the Buyer or Broker accepts to enter into an Intermediate Agreement with VANFINDER.CO.UK To the Intermediate Agreement, these General Terms and Conditions apply exclusively.

1.5 Within five (5) working days after receipt of the completed Quotation in accordance with article 1.3, VANFINDER.CO.UK will present the completed Quotation to Dealer.

1.6 VAN FINDER will request the Dealer confirms the Quotation by sending an Order form, including the Dealer’s General Terms and Conditions to the Buyer or Broker directly, whereby the Dealer will request the Buyer to pay a non-refundable deposit to the account of the dealer.

1.7 By confirming the receipt of the completed Quotation from VANFINDER.CO.UK. the Dealer accepts to enter into an Intermediate Agreement with VANFINDER.CO.UK to which agreement these General Terms and Conditions apply.

1.8 By paying the Deposit to the Dealer in accordance with article 1.6, a Purchase Agreement is entered into between Dealer and Buyer on the terms and conditions of the Dealer, as mentioned in the Order form.

1.9 To the Purchase Agreement, to which VANFINDER.CO.UK will not be a party, the terms and conditions set out in the Order form apply exclusively. These terms and conditions may include a clause, which allows a variable purchase price or variable delivery period.

1.10 VAN FINDER shall provide its services and carry out the Intermediate Agreement to the best of its ability and knowledge.

1.11 A Quotation Form from Buyer or Broker to VANFINDER.CO.UK shall never oblige VANFINDER.CO.UK to conclude any agreement or to perform any other legal act.

2. Consideration / Fee

2.1 In consideration of its services, VANFINDER.CO.UK is entitled to a Fee. The Fee will be included in the Purchase Price to be paid by Buyer to Dealer.

2.2 Upon delivery of the Vehicle, Dealer will pay the Fee to VANFINDER.CO.UK. upon presentation of a credit-invoice from Dealer to VANFINDER.CO.UK. or upon presentation of an Invoice from VANFINDER.CO.UK. to Dealer.

3. Cancellation

3.1 By giving written notice to Dealer ultimately within fifteen (15) days after having paid the Deposit to Dealer, Buyer shall be entitled to terminate the Purchase Agreement. Dealer will not be obliged to refund the Deposit to Buyer.

3.2 In the event that Buyer terminates the Purchase Agreement in accordance with article 3.1, Dealer shall notify VANFINDER.CO.UK in writing of this cancellation immediately.

3.3 VANFINDER.CO.UK. will be entitled but not obliged, to purchase the Vehicle from Dealer under the conditions of the Purchase Agreement between Buyer and Dealer, by informing Dealer in writing within ten (10) working days after receipt of the notification mentioned in article 3.2.

3.4 In the event VANFINDER.CO.UK enters into a purchase agreement with Dealer following article 3.3, the Deposit shall be extracted from the purchase price to be paid by VANFINDER.CO.UK to Dealer in consideration of the Vehicle.

4. Delivery

After receipt of the full Purchase Price by Dealer, Dealer shall deliver the Vehicle to Buyer in accordance with the terms and conditions set out in the Order form.

5. Additional services by VANFINDER.CO.UK.

In the event that Buyer instructs VANFINDER.CO.UK. to render any Additional Services in order to assist Buyer with inter alia delivery, insurance, finance or transport of the Vehicle, a separate fee to be paid by Buyer to VANFINDER.CO.UK in consideration of the Additional Services shall be agreed upon. The Additional Services shall be subject to these General Terms and Conditions.

6. Liability

6.1 Any liability of VANFINDER.CO.UK towards Buyer or Dealer in any matter shall be limited to the Fee to be received by VANFINDER.CO.UK with a maximum of £1000.00

6.2 VANFINDER.CO.UK’s choice of Dealer, or any third party shall be made with all due care. However, VANFINDER.CO.UK shall not be liable for any default or failings of Dealer, or any third party instructed by VANFINDER.CO.UK

6.3 VANFINDER.CO.UK is not liable for any mistakes, omissions, inaccuracies, errors or misrepresentation in the Order form or in the performance of the services by the dealer, or by any third party instructed by VANFINDER.CO.UK, unless the services performed involve intent or gross negligence.

6.4 VANFINDER.CO.UK is not liable for any loss, damages or costs resulting from a Purchase Contract not being performed correctly by Buyer, Broker or Dealer.

7. Law and jurisdiction

The Intermediate Agreement between the Buyer and VANFINDER.CO.UK, the Intermediate Agreement between VANFINDER.CO.UK and the Broker, the Intermediate Agreement between VANFINDER.CO.UK and the Dealer, and any Additional Services rendered by VANFINDER.CO.UK are subject to ENGLISH law exclusively. Any dispute shall be submitted to the competent court in LIVERPOOL exclusively.

 

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