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HWM Sports Cars Limited—Terms and Conditions of Sales and Service

  • Definitions
    • "The Company" refers to HWM Sports Cars Limited or HWM Works Limited (trading as HWM Aston Martin / HWM Sports Cars), the seller of the Vehicle or provider of Services.
    • "The Customer" refers to the person, firm, or company contracting to purchase the Vehicle or Services from the Company.
    • “Contract” means the binding legal agreement between the Company and the Customer for the sale and purchase of the Goods, formed in accordance with Clause 2 of the Terms and comprised of these Terms and an accepted Order.
    • “Consumer” means a Customer who is an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.
    • “Goods” means all Vehicles as defined, or other things to be sold by the Company to the Customer.
    • “Order” means the purchase order document signed by the Customer, which details the Goods, the Price, and any Part-Exchange Vehicle.An Order constitutes an offer by the Customer to the Company and does not create a binding contract unless accepted by the Company as detailed in Clause 2 of these Terms.
    • “Part-Exchange Vehicle” means a vehicle provide by the Customer to the Company in partial satisfaction of the Purchase Price.
    • “Purchase Price” or “Price” means the total price for the Goods as set out in the Order.
    • “Services” means all labour, repair, servicing, and diagnostic work provided by the Company.
    • “Terms” means these Terms and Conditions.
    • “Vehicle” means the motor vehicle, accessories, and parts specified in an Order.
  • Interpretation and Enforceability
    • The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
    • In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
  • Formation of the Contract (Sales of Goods)
    • The Order signed by the Customer constitutes an offer by the Customer to the Company to purchase the Goods from the Company.
    • No contract shall exist between the Company and the Customer until the Order is formally accepted by the Company. Acceptance occurs upon the earlier of: (a) the Company issuing a written confirmation of the Order; or (b) the Company notifying the Customer that the Vehicle is ready for delivery.
    • These terms and conditions, together with the signed Order, shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.
    • Any variation agreed in writing between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
  • Price and Price Variation
    • The Order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Company.
    • If after the date of the Order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended Price for any of the Goods is altered, the Company shall give notice of any such alteration to the Customer.
    • In the event of the manufacturer’s or concessionaire's recommended Price for the Goods being increased, the amount of such increase which the Company intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Customer does not give such notice, the increase in the Price shall be added to become part of the Purchase Price.
    • In the event of the recommended Price being reduced, the amount of such reduction, if any, which the Company intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended Price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.If the Customer does not give such notice, the Price shall be as the Company has specified.
  • Delivery and Time
    • Unless specifically agreed in writing, the date for delivery of the goods is not known at time of sale. Any date provided is an estimate only.
    • Time shall not be of the essence.
    • The Company will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Company shall not be liable for any damages or claims of any kind in respect of delay in delivery.
    • The Company shall not be obliged to fulfil orders in the sequence in which they are placed.
    • If the Company shall fail to deliver the Goods within 30days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Company require delivery of the Goods within 14 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the that 14-day window, the Contract shall be cancelled.The Company shall have no other liability or obligation to the Customer.
    • The Company is not responsible for any delays caused by issues outside of their control, including but not limited to acts of God, war, strikes, industrial action, fire, flood, drought, tempest, pandemic, or any import or export delays or manufacturer supply failures.
  • New Goods
    • If the Goods to be supplied by the Company are new, the following provisions shall have effect.
    • This Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Company. The Company shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions.
    • The Company undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Company or to the Customer.
    • Save in the case of Consumer sales (as defined by relevant Legislation), all statements, conditions, or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
    • In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Company may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.
  • Used Goods
    • If the goods to be supplied by the Company are used, the Vehicle is supplied as roadworthy at the date of delivery and
      • in the case of Consumer sales (as defined by the Sale of Goods Legislation) is sold subject to any conditions or warranties that are implied by Legislation or any amending statutes; but
      • In all other cases, all implied conditions, warranties, or guarantees are hereby expressly excluded.
    • Prior to signing this order form, the Customer shall examine the Vehicle. The purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by Legislation do not operate in relation to such defects which the examination ought to reveal.
    • Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
    • Save in the case of Consumer sales, all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
  • Payment
    • The Customer shall be liable to pay for the Goods immediately upon notification by the Company that they are available for delivery.
    • The Company may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.
    • Title to the Goods shall not pass to the Customer until the Company has received full payment in cleared funds.
  • Place of Delivery
    • Unless otherwise agreed in writing delivery of the Goods shall take place at the Company’s premises.
  • Repudiation by Customer and Failure to Collect
    • If the Customer does not pay for and take delivery of the Goods within 14 days of notification that the Goods are available for delivery, the Company shall be at liberty to treat the Contract as repudiated and cancelled.
    • If this happens, or if the Customer cancels the Contract for any other reason not permitted by this Contract, the Company will sell the Gods to another person.
    • The Company will refund the Customer's deposit, if any, but before doing so, the Company is entitled to recover from the deposit and claim from the Customer the additional costs incurred in re-selling Goods plus any reduction in the sales price achieved.
    • The Company will keep the deposit whilst displaying and advertising the Goods as being for sale. If it is not sold within a reasonable time the Company will sell the Goods at auction.
    • Once the Goods are sold, the Company will notify the Customer within 7 days as to how much has been lost as a result of having to re-sell.
    • If this amount is less than the deposit, then the Company will refund the balance of the deposit with the notification.
    • If the claimable amount is more than the deposit, then the Company will include a statement showing how much the Customer owes to make good the loss.
    • The Company reserves the right to make a reasonable daily charge for the storage of the Vehicle or Vehicles.
  • Loss or Damage
    • The Company shall be responsible for the loss of or damage to any Vehicle or its contents only if caused by negligence of the Company or its employees.
    • The Customer is strongly advised to remove any items of value not related to the Vehicle and in respect of any loss or damage not the responsibility of the Company, must rely upon the Customer’s own Insurance.
  • Return of Deposit
    • If the contract is cancelled under any provisions of these Terms, other than Clause 10, the deposit shall be returned to the Customer and the Company shall be under no further liability.
  • Retention of Title and Risk
    • Risk of damage to or loss of the Goods shall pass to the Customer immediately upon delivery.
    • Goods shall remain the sole and absolute property of the Company as legal owner until such time as the Customer shall have paid to the Company the full price together with all storage charges and interest that may be due to the Company under this contract.
    • Business Customers ("All Monies"): If the Customer is a business customer, the Company retains title to the Goods until all outstanding amounts owed by the Customer to the Company on any account have been paid in full.
    • Until payment in full has been made, the Customer acknowledges that they are in possession of the goods solely as agent of the Company.
    • The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do anything or fail to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The Company may for the purposes of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
  • Part Exchange
    • Where the Company agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle to the Company ("Part Exchange Vehicle"), such allowance is given and received and such Part Exchange Vehicle is hereby agreed to be delivered and accepted, upon the following conditions:
      • That the Company accepts the Part Exchange Vehicle in reliance of the warranties granted by the Customer overleaf; AND
      • That such Part Exchange Vehicle is the absolute property of the Customer and is free from all encumbrances; OR
      • That such Part Exchange Vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Company, in which case the allowance shall be reduced by the amount required to be paid by the Company in settlement thereof.
    • The Customer warrants that the Part Exchange Vehicle shall be delivered to the Company in the same condition at the date of delivery as it was when examined by the Company (fair wear and tear excepted).
    • If the Goods to be delivered by the Company, through no default on the part of the Company, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said Part Exchange Vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days.
    • The Customer agrees to indemnify the Company against any costs, claims, or losses incurred if the Part Exchange Vehicle is found to be subject to undisclosed finance or encumbrances.
  • Export Outside UK/EU
    • The Company reserves the right to cancel this order if it believes that:
      • The Customer intends to resell the Goods outside the United Kingdom or European Union (Contract Territory) for commercial gain within a period of 12 months; or
      • Where the Customer is a corporation its place of business is not within the Contract Territory; or
      • Where the Customer is a finance company, that the Goods are not being purchased on behalf of an end user and such end user is not resident nor has its place of business within the Contract Territory.
    • The Customer shall indemnify the Company and keep the Company indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Company sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the Contract Territory.
  • Formation of the Contract (Services)
    • A contract for Services is formed upon the first of the following events:
    • Estimates are a considered approximation of likely costs. They are not binding prices.
    • Quotations are firm prices for the specific work described.They are valid for 14 days unless otherwise specified in writing.
    • If additional work is found necessary during the Services, the Company will seek authorisation (verbal or written) which shall constitute a binding variation to the contract.
  • Warranties of Services and Parts
    • The Company warrants its repair and service workmanship to be free of defects for a period of 12 months or 6,000 miles, whichever occurs sooner, from the date of completion.
    • New parts fitted are subject to the manufacturer’s warranty, which the Company passes to the Customer.
    • Where the Customer requests the fitting of their own parts:
  • Payment for Services
    • Payment for all Services is due upon collection of the vehicle. The Company may require a deposit before commencing work.
  • Authorisation for Subcontract
    • The Company reserves the right to delegate or sub-contract the performance of its obligations under this Agreement to any reputable third party or specialist of its choosing, and the Customer hereby authorises such delegation or sub-contracting without further notice required. The Company shall remain fully responsible to the Customer for the quality of the work and for the acts and omissions of any sub-contractor.
  • Right of Lien
    • The Company shall have a general lien on any property of the Customer in its possession for all monies owing to the Company by the Customer on any account whatsoever.
    • If a Vehicle subject to a lien remains uncollected and unpaid for three (3) calendar months after written notice has been given to the Customer, the Company may sell the Vehicle with due notice to the Customer. The proceeds will be used to discharge costs of sale, storage, and outstanding invoices, with any balance returned to the Customer.
  • Authority to Contract / Uplift
    • Goods or Services supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Company to be the Customer’s agent shall be paid for by the Customer.
    • Where a person who, so far as the Company is aware, has authority to uplift Goods or Vehicles and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever.
  • Authority to Drive
    • In connection with the supply of a Vehicle or an inspection or testing or service, the Company shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary.
  • Limitation of Liability
    • Nothing in this Agreement shall limit or exclude the Company's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.Moreover, nothing in this Contract shall limit or exclude the Customer’s statutory rights as a Consumer.
    • Subject to clause 19.1:
      • The Company shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of enjoyment, or any indirect or consequential loss arising under or in connection with this Agreement.
      • The Company's total liability to the Customer shall not exceed the Purchase Price of the Goods or Services.
  • Data Protection
    • The Company will process the Customer's personal data in accordance with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
    • The Company will use the personal data provided by the Customer to fulfil its contractual obligations, including processing payments, registering the Vehicle, and managing warranties.
    • The Customer acknowledges that the Company may share personal data with third parties such as the manufacturer, finance providers, and the DVLA. For full details, the Customer should consult the Company's Privacy Policy.
  • Distance Selling
    • If, and only if, the Customer is a Consumer and this Agreement has been completed without any face-to-face contact between the Company and the Customer (a "Distance Contract") or away from the Company's business premises (an "Off-Premises Contract"), the Customer may give notice to cancel this Agreement within 14 days without giving any reason.
    • This cancellation period will expire 14 days after the day on which the Customer, or a third party on their behalf, takes delivery or otherwise acquires physical possession of the Goods.
    • To exercise this right to cancel, the Customer must inform the Company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post or email) to the address set out overleaf.For convenience, a sample Notice is provided at the end of these Terms.
    • If the Customer cancels this Agreement, the Company will reimburse all payments received, including the costs of delivery (except for supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by the Company).
    • The Company may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by the Customer. Unnecessary handling includes driving the Vehicle more than is necessary to establish its nature, characteristics and functioning (e.g. more than 100 miles).
    • The Customer shall send back the Goods or hand them over to the Company without undue delay and in any event not later than 14 days from the day on which the Customer communicates the cancellation of this contract. The Customer will have to bear the direct cost of returning the Goods.
  • Dispute Resolution & Jurisdiction
    • This Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
    • In the event of a dispute the parties agree to attend an Alternative Dispute Resolution process, details to be provided upon request.

SALES OF GOODS

PROVISION OF SERVICES

(a) The Company commences the provision of Services; (b) The Company accepts the Customer’s signed authority/job card and takes possession of the keys/Vehicle; or (c) The Company issues a written acknowledgement of the instruction.

  • The Company provides no warranty whatsoever for the part or the fitment; and (b) The warranty in clause 20.1 is void.

GENERAL PROVISIONS