Terms and Conditions
1. IMPORTANT LEGAL NOTICE
1.1 This legal notice applies to the entire contents of the website under the domain name strategicautomotive.co.uk and to any correspondence by e-mail between strategicautomotive.co.uk and you. Please read these terms carefully before using the website. If you do not accept these terms, do not use the website.
1.2 You should print a copy of these terms and conditions for future reference.
2. GENERAL
2.1 strategicautomotive.co.uk retains the right to revise this legal notice at any time by updating this posting. You should check the website to review the current legal notice.
2.2 In these terms and conditions, 'strategicautomotive.co.uk' refers to the Company and ‘you’ refers to our Client.
2.3 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice.
2.4 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind.
3. SERVICES OFFERED
3.1 The Company’s principal business activity is to source cars to you to meet your specific requirements and to assist you with the sale of your vehicle.Fees are payable to engage our services irrespective of whether or not a sale or purchase is achieved, you are paying us for our time and advice only.
3.2 When you appoint us to source or dispose of a vehicle, we are only ever acting on behalf of you, as an intermediary. Your legal relationship (and all associated rights and responsibilities) in respect of the sale or purchase of the vehicle will be with the vendor or purchaser (whether an individual, partnership or company) and subject to their terms and conditions, of which they will advise you.
3.3 Before any initial consultation with the Company, you will be required to convey in writing by letter or email a general description of the vehicle which you would like us to source or dispose of for you.
3.4 At our initial consultation, we shall agree:
3.4.1 The specific requirements of the vehicle that we will source for you;
3.4.2 The budget for the car that we source for you. We shall only source vehicles that are within your budget. Should we find a car which meets your requirements but is over your agreed budget, we shall inform you and you may, at this stage, authorise us to increase your agreed budget; and
3.4.3 The timeframe in which you would like us to source your car. Due to the nature of the car market, any timeframe is indicative only and we cannot be held liable in any way if it takes longer that required to source a car which meets your requirements and which you are satisfied with.
3.4.4 The minimum selling price acceptable to you and the level of service required. Our pricing structure is published on our website, in the event of our published services not meeting your exact requirements a tailored quotation can be provided.
At this point, the fee to engage our services is payable.
We shall then start searching for a car which best suits your stated requirements or commence all necessary work required to market your car for sale.
4. FEE STRUCTURE
4.1 Our fee structure is variable and by tailored quotation and all charges payable will be as per your invoice.
5. CANCELLATION
5.1 Following our appointment, you may cancel the services at any time in writing; however, all cancellations by you for whatsoever will result in no refund being issued.
5.2 All deposits placed on vehicles for sale are strictly non refundable for any reason whatsoever.
6. INTELLECTUAL PROPERTY
6.1 The copyright, our trademark and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us.
6.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.3 We shall hold all of your personal data securely and in accordance with the Data Protection Act 1998. We shall not give your personal information to any other body without your express written consent or transfer such data outside the European Economic Area.
7. LIABILITY
7.1 You will always make the final decision to purchase any vehicle and we accept no liability in relation to the vehicle we source for you, whether as to its quality, legality, fitness for purpose or otherwise. The obligation is upon you to take all reasonable steps to satisfy yourself that the vehicle you purchase is fit for its purpose.
7.2 The liability of the person from whom you purchase the vehicle we source will be set out in their own terms and conditions and these will apply to the sale of your vehicle.
7.3 We may endeavour to advise you on any issues we are able to in respect of the vehicle but cannot be held liable for any advice we may give. We strongly advise that a professional inspection is carried out by the likes of but not limited to the AA or RAC. We are not motor engineers and do not advise on roadworthiness or mechanical condition, we will however assist you with making arrangements for professional inspection services to be used.
7.4 We do not exclude or limit in any way our liability:
7.4.1 for death or personal injury caused by our negligence;
7.4.2 for fraud or fraudulent misrepresentation; and
7.4.3 for any matter for which it would be illegal for us to exclude or attempt to exclude our liability
7.5 We accept no liability for any loss of profits or income, loss of business, loss of anticipated savings, loss of data, waste of time or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, if foreseeable.
7.6 As the owner and seller of a vehicle it will remain your responsibility to declare any faults relating to the car we are selling, details of any defects declared to us will be notified to any prospective buyer and we will at no time assume any responsibility for any faults where declared or undeclared. We will act merely as an intermediary between buyer and seller.
7.7 All transactions between buyers and sellers of private vehicles are conducted strictly on a sold as seen basis, if in doubt we strongly advise that a professional inspection is carried out by the likes of but not limited to the AA or RAC. We are not motor engineers and do not advise on roadworthiness or mechanical condition, we will however assist you with making arrangements for professional inspection services to be used.
8. BANKRUPTCY
8.1 In the event of you becoming bankrupt or (being a company and going into liquidation) as defined in the Insolvency Act 1986 (as amended) and owe any money to us for work carried out, without prejudices to our rights at common law, we shall retain rights over work for which payment remains outstanding at the date of any such Order in Bankruptcy or Liquidation
9. TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of the contract between us and you or any of your rights or obligations arising under it, without our prior written consent.
10. WAIVER
10.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.2 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.
11. SEVERABILITY
11.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
12. ENTIRE AGREEMENT
12.1 These terms and conditions, the Specification document and any other document expressly referred to in them represent the entire agreement between us and you in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us and you, whether oral or in writing.
12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
13. VARIATIONS
13.1 We have the right to revise and amend these Terms and Conditions from time to time.
14. THIRD PARTY RIGHTS
14.1 Third parties cannot benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15. JURISDICTION
15.1 The laws of England shall govern these Terms and Conditions and any subsequent contract. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.