1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 12.2;
(b) Goods: the goods that We are selling to you as set out or agreed in the Order, usually being a new or used vehicle, parts and/or accessories;
(c) Order: your order for the Goods and/or Services whether using Our order form or through any other means;
(d) Services: the services that We are providing to you as set out or agreed in the Order;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Aston Martin Works Limited, registered in England and Wales with company registration number 07102840, and whose registered office is at Banbury Road, Gaydon, Warwick, Warwickshire, CV35 0DB.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on any written Order and in these Terms are complete and accurate, before you sign and submit any written Order or submit your Order through other means. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms and the Order constitute the whole agreement between you and Us.
2.4 When you sign and submit the Order to Us or submit the Order to Us through other means, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
2.6 These Terms will become binding on you and Us when We either issue you with a written acceptance of an Order or We contact you to confirm that We are able to provide you with the Services or the Goods, at which point a contract will come into existence between you and Us.
2.7 If any of these Terms conflict with any term of the Order, the Order will take priority to the extent it is in writing.
2.8 We may assign an order number to the Order and inform you of it when We confirm the Order. Please quote any such order number in all subsequent correspondence with Us relating to the Order.
2.9 Any images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only. Although We would have made every effort to display the Goods accurately, We cannot guarantee that your computer's display or any printed pictures accurately reflect the Goods. Your Goods may vary slightly from such images.
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least 1 month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.4(c).
3.3 You may make a change to the Order for Goods and/or Services at any time before We despatch the Goods or start date for the Services by contacting Us, except in the case of any made-to-requirements Goods. Where this means a change in the total price of the Goods and/or Services, We will notify you of the amended price. You can choose to cancel the Order in accordance with clause 13 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13. In the case of made-to-requirements Goods, you will not be able to cancel an Order once it is made.
4.1 We commission the making the Goods according to the requirements you provide Us, usually being factory-built vehicles.
4.3 Please make sure your requirements are correct and accurate. Unfortunately, We cannot accept the return of made-to-requirements Goods if the reason for the return is because you provided Us with incorrect information. However, this will not affect your legal rights as a consumer in relation to made-to-requirements Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
5.2 We may contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.
5.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours.
5.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us.
5.5 If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact Us to rearrange delivery.
5.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We may deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.7 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.
5.8 You own the Goods once We have received payment in full and cleared funds.
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7.1 The Goods may come with a manufacturer's guarantee. For details, please refer to any manufacturer's guarantee provided with the Goods.
7.2 This guarantee is in addition to your legal rights in relation to any Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We will make every effort to complete the Services on time, as set out or agreed in the Order. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
8.2 We may need certain information from you that is necessary for Us to provide the Services. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the Services under this clause 8.2, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
8.3 We may have to suspend the Services if We have to deal with technical or mechanical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 8.3 but this does not affect your obligation to pay for any invoices We have already sent you.
8.4 If you do not pay Us for the Services when you are supposed to as set out in clause 10.7, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 10.9). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 10.8.
8.5 Where in any case a driver who, so far as We are aware, has the authority to collect your vehicle, collects the same then We shall not be responsible to you for any loss or damage resulting on the grounds that such driver had in fact no such authority. We shall not be obliged to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time, connected with you.
8.6 In connection with any Services involving any inspection, repair, or contemplated repair, you are deemed to have authorised the driving of the vehicle on the road or elsewhere by or on behalf of Us.
8.7 All Services performed by Us in respect of a vehicle is warranted against failure due to defective work for a period of 3 months or 3,000 miles, which occurs earlier. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8.8 All parts of a vehicle removed by Us during the course of providing Services shall, if not claimed by you within 14 days after completion of the Services, be deemed to be wholly abandoned to Us and they shall become Our absolute property accordingly.
8.9 You are strongly advised to remove all items of value not connected with your vehicle when leaving it on Our premises for Services to be performed since We cannot accept liability for any loss or damage to the same except where this is shown to have been caused by a lack of reasonable care on Our part.
8.10 You agree to indemnify Us for any fines and charges incurred by you or on your behalf relating to a part-ex and any vehicle supplied or lent by Us.
9.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible; and
(b) please give Us a reasonable opportunity to repair or fix any defect.
You will not have to pay for Us to repair or fix a defect with the Services under this clause 9.1.
9.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10.1 The price of the Goods and/or the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
10.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
10.3 The prices for the Goods exclude delivery costs unless otherwise agreed, which will be added to the total amount due.
10.4 It is always possible that, despite Our best efforts, some of the Goods We sell or Services We provide may be incorrectly priced on Our website or elsewhere. We will normally check prices as part of Our despatch procedures so that, where the correct price is less than Our stated price, We will charge the lower amount. If the correct price is higher than the price stated on Our website or elsewhere, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods or Services to you at the incorrect (lower) price.
10.5 Where We are providing Goods to you, you must, unless We agree otherwise, make payment for Goods in advance by credit or debit card. We will not charge your credit or debit card until We despatch the Goods to you. Where We do not take payment of Goods in advance We reserve the right to require a deposit including, without limitation, for made-to-requirements Goods. Your rights to a refund on cancellation are set out in clause 13.
10.6 Any valuation given by Us of any vehicle to be supplied to Us by you as part exchange or otherwise for Goods (the part-ex) is a guide only and no binding offer to purchase it can be made until it is presented to Us for examination. We reserve the right to revalue the part-ex at the time of acquisition to reflect current market values, mileage, condition, the passage of time and any other factor which We deem to be relevant. When We accept the part-ex as part-payment for Goods you agree and represent that you are the legal owner, no outstanding credit is owed on it and no obligations of any kind have been secured on or by reference to it. If there is an outstanding credit, the amount of money We give you will be reduced by the equivalent of the amount of the outstanding credit. You must deliver the part-ex to Us on or before the day of delivery or collection (as applicable) of the relevant Goods. From the day you deliver the part-ex to Us, as between Us and you, We are the legal owner. By delivering the part-ex to Us, you warrant that input tax deduction has not been and will not be claimed in respect of the part-ex. If you arrange for a finance company to purchase Goods from Us and We have accepted a part-ex as part-payment, We shall be entitled to inform the finance company how much was agreed by Us to be deducted from the price of the Goods for the part-ex and what deposit, if any, you have paid to Us.
10.13 Where We are providing Services to you, We may ask you to make an advance payment of the price of the Services. Your rights to a refund on cancellation are set out in clause 13. We will invoice you for the Services (and deduct any amount paid in advance) on or any time after We have performed the Services for satisfaction on presentation of the invoice. If no price is stated or agreed in the Order and if part only of the worked covered by an Order is carried out by Us then We shall be entitled to charge a reasonable and proper price for the work and services performed and for materials supplied. If, in Our opinion, it is impractical for any reason to carry out any of the Services We are instructed to perform We shall be entitled to refrain from carrying out or completing such Services (notwithstanding that they might be contained in the Order) and to carry out only such work and services as in Our opinion may be practical.
10.14 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base rate of the Bank of England from time to time. This 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.
10.15 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.8 will not apply for the period of the dispute.
10.16 We shall have a general lien on your goods, including any vehicle and its contents, for all monies owed to Us by you.
10.17 If a vehicle if not collected or accepted for delivery within 24 hours of Us having notified you that it is ready for collection or delivery, then We may charge a reasonable storage rent in respect of it from the date is was ready for collection or delivery until collection or disposal by Us under these Terms.
10.18 If your indebtedness to Us, including accrued storage charges, is not satisfied within 3 months from the first account rendered to you We may, without notice, sell your vehicle and/or any contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from you to Us and any balance shall be held on trust by Us for you.
11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into the contract.
11.2 If We are installing the Goods in, and/or providing Services in respect of, your vehicle, We will make good any damage to your vehicle caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your vehicle that We discover in the course of installation and/or performance by Us.
11.3 We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with Our cancellation rights in clause 13.
13.1 Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-requirements Goods) and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for Goods and/or Services at any time before We despatch the Goods or the start date for the Services by contacting Us.
(b) If you cancel an Order under clause 13.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you (without interest).
(c) However, if you cancel an Order for Services under clause 13.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any 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 you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
(d) Unfortunately, if you cancel an Order for Goods under clause 13.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods, but any charge for collection will be deducted from the refund that is due to you.
13.2 Unfortunately, as the made-to-requirements Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-requirements Goods that are faulty or not as described).
13.3 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you (without interest).
13.4 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing; or
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets; or
(c) We change these Terms under clause 3.1 to your material disadvantage; or
(d) We are affected by an Event Outside Our Control.
14.1 If We have to cancel an Order for Goods (including made-to-requirements Goods) and/or Services before the Services start or the Goods are delivered:
(a) We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 14.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you (without interest).
(c) Where We have already started work on your Order for Services or made-to-requirements Goods by the time We have to cancel under clause 14.1(a), We will not charge you anything and you will not have to make any payment to Us.
14.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you (without interest).
14.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 10.7. This does not affect Our right to charge you interest under clause 10.8; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
15.1 We are a company registered in England and Wales. Our company registration number is 07102840 and Our registered office is at Banbury Road, Gaydon, Warwick, Warwickshire, CV35 0DB. Our registered VAT number will be as in any written Order or as on Our website.
15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team using the number in any written Order or on Our website.
15.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post using the contact details in any written Order or on Our website. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us at any time.
16.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 You may transfer the benefit of any guarantee in clause 7.1 to any purchaser of your vehicle. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.
17.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, any purchaser of your vehicle will have the benefit of any guarantee at clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If We fail to insist that you perform any of your obligations under these Terms, 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.
17.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.