Terms

WALTON SUMMIT TRUCK CENTRE LIMITED (AND ALL SUBSIDIARIES) AFTERSALES TERMS & CONDITIONS OF BUSINESS

The Title in any goods or services does not pass to the customer until all monies are received in full and all cheques cleared.

Service & Repair (including Body Shop): Please refer to the terms and conditions below.

Parts Sales: Please refer to terms and conditions below. Notwithstanding the provisions of clauses 31 through 35 (inclusive) below, bespoke goods (i.e. unique to the customer or the vehicle) cannot be returned for credit or refund.

GENERAL

  1. These terms and conditions, together with the details on the Order Form or Job Card, are intended to contain all the terms of the agreement (Agreement) between us Walton Summit Truck Centre Ltd (and all subsidiaries) (hereinafter referred to as the Company/We/we/Us/us) and you the customer (You/you) relating to the repair, servicing or other work (the Work) to the vehicle identified on the Job Card (Vehicle) and/or to the supply of goods, parts or other items to be supplied by the Company, whether or not in conjunction with the Work (Goods). If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives.
  2. If we agree any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to the Agreement rather than a new agreement.
  3. You warrant that you own the Vehicle or are duly authorised by the owner to enter into the Agreement for the Work to be done on it on these terms. Further, you expressly authorise the Company and its servants or agents to use the Vehicle on the highway and elsewhere for all purposes in connection with the Agreement.
  4. We reserve the right to refuse to carry out any Work on any Vehicle which we consider, in our sole opinion, to be unsafe and/or unroadworthy. Further, we may refuse to carry out any Work which may, in our sole opinion, render the Vehicle unsafe and/or unroadworthy.
  5. Where we are undertaking Work and identify, in our sole opinion, a need for further essential safety related repair, you will be advised accordingly. Should you decline to authorise such further repair, you will be required to sign the requisite documentation. Should you decline to sign such said requisite documentation, then you will be obliged to arrange transportation of the Vehicle from our premises at your own cost.

ESTIMATES

  1. An estimate is our considered approximation of the likely cost of the Work and/or Goods and is valid for 14 days from when we provide it to you.
  2. Any estimate is based on the published price for the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice within 14 days cancelling the Agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
  3. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten per cent (10%) of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
  4. If you have left the Vehicle with us for an estimate but have not accepted that estimate, or have declined it but failed to collect the Vehicle, within 14 days of the date of the estimate or (if later) the date of cancellation, we may charge you for the storage of the Vehicle from the end of that period.
  5. Unless otherwise stated, all estimates are exclusive of any applicable Value Added Tax (VAT), tariffs or statutory charges.

COMPLETION OF WORK AND PAYMENT

  1. We will use our best efforts to complete the Work or supply the Goods within any time estimate we may have given to you but will not be liable for delays due to any matter or cause outside our control.
  2. We shall be entitled to sub-contract all or any part of the Work but will be responsible for the quality of the sub-contractor’s work.
  3. We will require payment in full in advance for all parts and accessories required.
  4. If for any reason we do not carry out the Work in full, we will charge you only for Goods actually supplied or fitted, and a reasonable amount for any Work actually done.
  5. We will notify you when the Work is complete and the Vehicle and/or the Goods are ready for collection and (unless you have a credit facility with us, in which case you must comply with the terms agreed in relation to such credit facility) you must pay for the Work and/or Goods upon collection. Subject thereto, all payments must be made in cash or by a UK credit/debit card, unless we have agreed to accept a cheque, in which case the cheque must be drawn on a UK clearing bank and received not less than five banking days before you collect the Vehicle and/or Goods.
  6. We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods in full.
  7. If you fail to pay the full amount due or fail to collect the Vehicle and/or Goods:
    1. within 7 days of being notified that the Work is complete and/or that the Goods are ready for collection, we may charge you for the storage of the Vehicle and/or the Goods from the end of that period.
    2. within 3 months of being notified that the Work is complete and/or that the Goods are ready for collection, we may (after giving you the requisite notice of our intention to do so if you have not paid the full amount due and collected the Vehicle and/or Goods before such notice expires) sell the Vehicle and/or the Goods, deduct the amount owing to us (including statutory interest, storage charges and the costs of sale) and pay the balance to the entitled beneficiary.
  1. Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to you at our premises when you collect them.
  2. We will retain all parts replaced during any Work done, except for any to be returned under warranty or service exchange arrangements, until the Vehicle is collected, and will be free to dispose of them as we see fit unless you specifically ask that they be returned to you when collecting the Vehicle.

TRANSFER OF OWNERSHIP AND RISK

  1. The Goods will continue to belong to us until you have paid for them in full. However, you will be responsible for any loss or damage from when they are delivered to you and should insure accordingly.
  2. Where a party who, so far as the Company is aware, has the authority to collect the Vehicle or Goods, collects the same, the Company shall not be responsible to the customer for any loss or damage resulting on the grounds that such party had in fact no such authority. This clause shall apply notwithstanding that delivery may have been made without payment of the Company’s account. Further, it shall not be obligatory upon the Company to seek confirmation of the authority of any party reasonably believed to be then, or to have been at some time, connected with the customer.

LOSS, DAMAGE AND LIABILITY

  1. You shall inspect the Vehicle and/or Goods as soon as reasonably practicable following collection or delivery thereof and shall notify us in writing of any claims in respect of damage to or alleged defect in the Goods and/or Work supplied by the Company within 7 days of collection or delivery. If you fail to give such notice, the Goods and/or Work shall be conclusively presumed to be in all respects conforming to the Contract and free from any defect which would be apparent on reasonable examination thereof and you shall be deemed to have accepted the same.
  2. Any claim relating to non-delivery of Goods must be notified to the Company within 7 days of the date of dispatch shown on the order or invoice.
  3. We will carry out the Work on the Vehicle with reasonable care and skill and warrant it will remain free of defects in workmanship for a period of 6 months or 7,500 miles, whichever occurs sooner, from the date the Work is completed. However, such warranty will not apply if the Vehicle is involved in an incident or if and to the extent that a defect is caused or worsened by your (a) failing to inform us promptly of the defect and allowing us promptly to examine the Vehicle and endeavour to remedy the defect (b) misusing or neglecting the Vehicle or using it or permitting it to be used for racing, rallying or similar sports (c) failing to comply with instructions from the manufacturer or from us concerning the treatment, maintenance and care of the Vehicle and/or Goods or to have it/them serviced in accordance with the manufacturer’s instructions (d) fitting the Vehicle, or permitting it to be fitted, with parts or accessories  which have not been approved by the manufacturer (whether expressly or implicitly), or (e) altering the Vehicle and/or Goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.
  4. We will supply the Goods with the benefit of the manufacturer’s warranty. The manufacturer’s warranty is additional to your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under the manufacturer’s warranty may be carried out by any dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective Goods or (if he considers repair or replacement uneconomic) refund an appropriate part of the price you paid for them.
  5. If the Work includes painting then, if the metal to be painted is rusted, we will take all reasonable precautions to prevent rust penetrating the paint after completion of the Work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
  6. You must observe the instructions for use, cautionary notices and other technical information and data supplied with any Goods.
  7. Subject to the provisions of the Consumer Rights Act 2015, and always excepting fraud, death or personal injury resulting from our own negligence, we limit our liability for any breach of the Agreement to the amount you have paid for the Work and/or Goods, and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
  8. You undertake to remove any items of value not related to the Vehicle as we will not accept any liability for loss or damage to such items which is not attributable to our own negligence.
  9. You grant us permission to remove or disconnect any accessory, part or fixture on the Vehicle (including any onboard camera) which is necessary for us to complete the Works.

RETURNED GOODS, DISTANCE SELLING AND OFF-PREMISES CONTRACTS

  1. Where the parties have contracted in person on our business premises, we may (at our sole discretion) accept the return of any Goods which you did not specifically order provided that you return them in the same condition as when supplied. Any such returns must be concluded within 14 days of delivery, you must produce our original invoice and pay (at the rate current on the date of return) our handling charges for returned Goods.
  2. If you are a consumer and this Agreement has been concluded (a) without any face to face contact between us or anyone acting on our respective behalves, or (b) in the simultaneous physical presence of you and us but in a place which is not the business premises of us, you may give notice cancelling this Agreement within 14 days of taking delivery of the Goods. To exercise the right to cancel, you must inform us in writing of your decision to cancel the Agreement (e.g. letter sent by post, fax or e-mail).
  3. If you cancel the Agreement pursuant to clause 31 hereof, we will reimburse all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is a result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 14 days after we receive back from you the Goods supplied or (if earlier) 14 days after you provide evidence that you have returned the Goods. We will make the reimbursement using the same method of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
  4. If you cancel the Agreement pursuant to clause 31 hereof, you shall return the Goods without undue delay and in any event no later than 14 days after you communicate the cancellation of the Agreement to us. You will be responsible for the direct cost of returning the Goods but, in any event, such cost shall not exceed the sum of £100.00 (One Hundred Pounds). You shall be responsible for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
  5. Save as above, we will not accept the return of any Goods which are not defective.

COURTESY VEHICLES

  1. If you borrow a courtesy vehicle, then you must hold a current valid full united kingdom driving licence and must arrange full comprehensive motor insurance for the period of use.
  2. You will be responsible for maintaining the courtesy vehicle and must return it in the same condition as when taken.
  3. You will be liable for any charges made against the courtesy vehicle, including (but not limited to) congestion charges, parking and speeding fines. You will indemnify us, on demand for any loss, claims or damages suffered by us arising directly or indirectly from your failure to comply with clause 36, 37 and 38.

NOTICES AND JURISDICTION

  1. Unless otherwise stated herein, any notice provided for in this Agreement must be in writing and be sent by first class post to the residence or place of business of the person to whom it is addressed. It will be assumed that such a notice has been received by the addressee no later than two days after posting.
  2. Any telephone calls made between you and us may be recorded and the contents of such conversations used to support this Agreement.
  3. This Agreement is subject to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusion jurisdiction in relation to this Agreement.

DISPUTE RESOLUTION

  1. It is our responsibility to supply you with Goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us. In the event of a complaint, in the first instance please address your concern to the Aftersales Manager at the relevant branch.  If the issue remains unresolved, please contact the Aftersales Director.

WALTON SUMMIT TRUCK CENTRE LIMITED (AND ALL SUBSIDIARIES) NEW AND USED GOODS TERMS & CONDITIONS OF BUSINESS

  1. Your Agreement with Us
    1. When you sign the Order Form, you accept the terms and conditions set out in this Agreement.  Please read this Agreement carefully and if there is anything you do not understand, or may not agree with, ask any member of staff at the dealership where you placed the order. If you wish to rely on any amendment or addition to the Agreement, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the Goods to be supplied, this shall be deemed to be an amendment to the Agreement rather than a new agreement.
    2. You must provide us with any information we need in order to comply with money laundering legislation and guarantee the accuracy of the information so supplied.
    3. Definitions: ‘We/we’ or ‘Us/us’ refers to Walton Summit Truck Centre Limited (and all subsidiaries) as the seller of the Goods described on the Order Form. ‘You/you’ refers to the customer as the purchaser of the Goods described on the Order Form.  ‘Goods’ refers to the goods being ordered and supplied as detailed on the Order Form. ‘Agreement’ refers to the contractual agreement including the terms and conditions contained herein.
  2. Accessories
    1. Any accessories fitted or supplied by us will be covered by any warranty given by the manufacturer/concessionaire of those accessories.
  3. Delivery
    1. Delivery will take place at the dealership detailed on the Order Form unless otherwise agreed.
    2. While we will make every effort to deliver the Goods ordered by the estimated delivery date, we will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control.  If delay arises in this way, we will contact you to agree an alternative delivery date.
    3. If we fail to deliver the Goods within 30 days of the estimated delivery date, you may tell us in writing that you require delivery within seven days from the date of receipt by us of the notice.  If then the Goods are not delivered to you within the seven days, this Agreement may be cancelled and any deposit paid will be returned and neither party will have any further responsibility to the other.
  4. Cancellation / Withdrawal
    1. In the event that you wish to cancel or withdraw from the Agreement for any reason other than those stated in clauses (3.3) or (6.1 (ii) (a)) or (12) hereof, any deposit paid by you is forfeited and will not be refunded.  If you fail to take and pay for the Goods within 14 days of notification that the Goods are ready for delivery, we will treat the Agreement as cancelled and any deposit paid by you will not be refunded.  This does not prejudice our right to recover from you by way of damages any loss or expense we may incur as a result of you cancelling.
  5. Ownership and Legal Responsibility
    1. You will be responsible for any loss or damage from when the Goods are delivered to you and you should insure accordingly.
    2. Notwithstanding delivery and the passing of risk in the Goods to you, or any other provisions contained herein, the Goods will belong to us until we have received cleared funds to the value of the total purchase price.
    3. Until such time as title in the Goods shall pass to you:
    4. You shall hold the Goods as our fiduciary agent and bailee and keep the Goods separate from other goods and properly stored, protected and insured.
    5. You shall not re-sell the Goods nor pledge or charge them by way of security for any indebtedness.
    6. We shall be entitled at any time to require that you deliver up the Goods to us and, if you fail to do so forthwith, to enter onto any premises and re-possess the Goods
  6. New Goods
    1. If the Goods ordered are new goods, the following will apply:
      • We undertake that the pre-delivery work specified by the manufacturer/concessionaire will be carried out and the Goods will be sold with the benefit of the manufacturer’s or (as appropriate) concessionaire’s warranty. Where you are purchasing as a consumer, such warranty is additional to your statutory rights, and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the purchase price. Where such is available to us, we will provide you with a copy of the manufacturer’s warranty terms on delivery.
      • If, after the Agreement is entered into but before delivery of the Goods to you, the manufacturer’s/concessionaire’s recommended price is altered, then we will give you notice of such alteration and;
      • If the recommended price is increased, you will be informed of the amount it is intended shall be paid by you.  If you do not agree, you will have the right to cancel the Agreement within 14 days of receiving notice of the increase and your deposit will be refunded in full.  Should you fail to notify us that you do not accept the increase within the 14 days, the increased amount will be added to the final amount to be paid by you.
      • If the manufacturer’s/concessionaire’s recommended price is reduced, we will notify you of the reduced price you will be called upon to pay.
      • If we are unable to deliver the model, specification or Goods ordered because the manufacturer cannot produce or ceases making them, whether before or after the estimated delivery date, we may cancel the Agreement and refund any deposit you have paid in full.  This includes models no longer available due to model year changes.
      • If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification, we will contact you and offer either to substitute a reasonable equivalent or to delete the accessory from the Agreement and adjust the purchase price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory and shall not be entitled to cancel the Agreement.
      • You accept that manufacturers/concessionaires reserve the right to amend the published specification of Goods without notice.
      • To the extent that the Goods are to be manufactured in accordance with a Goods Specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of the description of the goods set out in the Order.  This clause (3.2) shall survive termination of this Agreement.
      • We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
  7. Used Goods
    1. Where the Goods supplied under the Agreement are still subject to the manufacturer’s or (as appropriate) concessionaire’s warranty, they will be sold with the benefit of such warranty. Where you are purchasing as a consumer such warranty is additional to your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the purchase price. Where such is available to us, we will provide you with a copy of the manufacturer’s warranty terms on delivery.
  8. Delivery Mileage
    1. Where the Goods ordered are new goods and consist of a vehicle which is being collected by the customer from our premises, the mileage at delivery will be generally less than 100 miles and will be no more than 150 miles.  If the Goods being ordered are used goods and consist of a vehicle, the mileage at delivery will generally be within 100 miles of that shown on the Order Form.  If the Goods (either new or used) consist of a vehicle and are being delivered to the customer’s address, the delivery mileage will be greater by the delivery distance covered.
  9. Part Exchange Goods
    1. Where you wish to sell us goods in part exchange, and their value as agreed with us is to be taken off the purchase price of the Goods we agree to supply, the following conditions will apply:
      • that you own the goods to be taken in part exchange absolutely and can transfer ownership to us, or
      • that if someone else has an interest in the part exchange goods, you will settle that interest so that we become the absolute owners when we take delivery. However, if you wish us to clear that interest for you by paying them a sum of money, the allowance for the part exchange goods will be reduced by that amount.
      • If we have examined the part exchange goods before entering into this Agreement with you, or you have described the condition of the part exchange goods to us verbally, the goods shall be delivered to us in the same condition but allowing for the fair wear and tear which may have occurred in the meantime.  If there is any variation in condition, service history or mileage to that previously seen or described, but allowing for additional mileage covered between the Agreement and delivery pro-rata to that already covered at the time of Agreement, we will adjust the price offered for the part exchange to take into account such variations and you will pay us any additional sum due as a result.
      • The price offered for the part exchange remains valid until the date stipulated by us (this may be detailed on the Order Form).  If the part exchange goods are delivered to us later than any stipulated date, we will revalue the part exchange in line with market conditions and advise you of any change to the amount you may need to pay us. If this is due to a delay in the delivery of your new Goods, please refer to clause (3.2).
      • The goods to be taken in part exchange shall be delivered to us no later than the date you take delivery of the Goods you have ordered.  Ownership of the Goods ordered will be transferred to you and that of the part exchange to us when you take delivery of your order.  If you do not deliver the part exchange goods at or by the time the Goods you have ordered are ready for delivery, you may not be able to take the Goods you have ordered and you might be in breach of the Agreement and liable to us to pay compensation for any losses we may suffer as a result.
      • If you choose to sell us your part exchange before taking delivery of your new Goods, title for the part exchange will pass to us at that point.  If you subsequently do not take delivery of the new Goods for any reason, we shall not be obliged to return the part exchange goods to you but may refund you the part exchange allowance offered less any amount we may have paid to settle any interest in the goods as specified in clause (9.1 (ii)) hereof.
      • If you fail to satisfy any of these conditions, we will not be obliged to accept your goods in part exchange or to make any allowance for it and you might as a result be required to pay the whole purchase price for the Goods you have ordered before you can take delivery.
  10. Taxes, Tariffs and Statutory Charges
    1. In the event of the imposition of any taxes, tariffs or other statutory charges or changes to any such already existing, for example, changes to the rate of value added tax, road fund licence (goods excise duty) or first registration fee charges, between the date of order and the date of delivery of the Goods, you must pay the amount current at the point of delivery.
  11. Notices and Jurisdiction
    1. Any notice provided for in this Agreement must be in writing and be sent by first class post to the residence or place of business of the person to whom it is addressed.  It will be assumed that such a notice has been received by the addressee no later than two days after posting.
    2. Any telephone calls made between you and us may be recorded and the contents of such conversations used to support this Agreement.
    3. This Agreement is subject to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Agreement.
    4. It is our responsibility to supply you with Goods that meet your consumer rights.  If you have any concerns that we have not met our legal obligations, please contact us. In the event of a complaint, in the first instance please address your concern to the General Manager or Sales Manager at the purchasing branch.  If the issue remains unresolved, the General Manager will be able to provide alternative contact details.
  12. Distance and Off-Premises Sales
    1. If you are a consumer and this Agreement has been concluded (a) without any face to face contact between us or anyone acting on our respective behalves, or (b) in the simultaneous physical presence of you and us but in a place which is not the business premises of us, you may give notice cancelling this Agreement within 14 days of taking delivery of the Goods. To exercise the right to cancel, you must inform us in writing of your decision to cancel the Agreement (e.g. letter sent by post, fax or e-mail). If required, please request a cancellation form from the Sales Manager at the purchasing branch.
    2. In the event of such cancellation, it is your responsibility to return the Goods to us in the same condition and specification as when they were delivered. You will be responsible for the direct cost of returning the Goods but, in any event, such cost shall not exceed the sum of £500.00 (Five Hundred Pounds). You must ensure that the Goods are returned with the same items with which they were supplied. This includes (but is not restricted to):  registration documents, service packs, manuals, hand-books, locking wheel nuts, tools & keys. If you have altered, modified, personalised, or adapted the Goods in any way you will have no right of cancellation.
    3. In the event of such cancellation we will make a deduction from the reimbursement if the Goods have suffered any diminished value due to you handling or using them beyond what is necessary to establish their nature, characteristics and function; i.e. handling or use beyond what a customer would reasonably undertake when appraising Goods at a dealership prior to purchase.
    4. Providing the Goods are returned to us in line with the conditions stated, we will process any reimbursement due within fourteen days of the date the Goods are received by us.  The reimbursement will be executed in the same way that payment was originally made, less any deduction for diminished value.
    5. If the cancelled Agreement involved part-exchange goods we will, subject to the totality of these terms and conditions, return the part-exchange or pay the agreed part-exchange value to you at our discretion.
    6. If you have committed to a finance agreement, you must inform the finance company immediately of the cancellation in writing.  You may be liable for any early termination fees.  We do our best to avoid such fees, and only apply them if the finance provider charges such a fee.
  13. Limitation of Liability
    1. Unless set out otherwise herein, we limit our liability for any breach of the Agreement (and for any other liability arising out of or connected to the Agreement) to the amount of the purchase price. We expressly exclude all liability for loss of profit, goodwill or agreements and for any indirect, consequential or economic loss. The limitations in this clause will not apply in cases of fraud, death or personal injury.

GDPR legislation requires us to have a Data Privacy Notice (see Notice on our website or in one of our dealerships) which informs you how we process your data while in our possession. If at any time you wish to opt out of any communication from us or wish for your personal details to be amended or deleted from our records, please email your request to: info@waltonsummit.co.uk.