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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