Sub-Zero Van Sales Ltd

Terms and Conditions

All goods sold by the Seller (“the Goods”) are sold on the following basis:

Owner’s Service Statement of Warranty

1. (i) Used Goods are sold subject to such express warranty (if any) as agreed in writing between the parties. The mileage shown on the milometer of used vehicles is not guaranteed and should not be relied on as indicating the actual mileage run by the vehicle concerned. The warranties set out or referred to above are additional to all conditions and warranties by law except as mentioned below. All used vehicle are supplied with a 3 months parts and labour in house warranty, in the event of a claim under the terms of the warranty the vehicle must be returned to the sellers premises or by pre arranged collection by the seller. No rectification work should be carried out by any other third party without the explicit written agreement of the seller. Non-consumer sales only. In the case of non-consumer sales of goods not ordinarily bought for private use and sales to trade purchasers the implied statutory conditions as to quality and fitness shall not apply to the extent that these conditions may be negative by contract.

Capacity of Seller

2.The Seller contracts as a principal and not as an agent of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods.

A quotation is not an offer and may be withdrawn without notice. Any order given in respect of a quotation is not binding on the Company until accepted by it in writing. All offers of goods from stock are subject to the goods remaining unsold at the time of the receipt of order.

Drawings weights, dimensions and descriptive matter published or referred to by the Company are intended to present only a general description. Their subject matter may be altered, corrected or cancelled at any time without notice to the Customer and they shall in no circumstances be deemed to be incorporated in or form part on the contract.

Alterations to Specifications

3.In the event of any alterations to the specification of the Goods the Seller reserves the right to deliver in fulfilment of the order Goods conforming to the Manufacturer’s specification prevailing at the time of delivery for Goods of the make and model ordered.

The Customer shall indemnify the Company against all claims made against the Company as a result of work done in accordance with the Customer’s specification ore design which involves the infringement of any patents, registered designs, trademarks or copyright.

The Company shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Company is not responsible for such specification and supply.


4.The place of delivery shall be the Seller’s premises specified herein or elsewhere as agreed in writing between the parties hereto. The Seller shall not be liable to the Customer for any non-delivery or delay in delivery (whatever the cause of either) nor for any damage or loss caused thereby. In the event of the Seller being unable to deliver the Goods or any reasonable replacement therefore requested by the Customer for any reason whatsoever, either the Seller or the Customer shall be at liberty in writing to terminate this contract and in this event the

Seller shall return any deposit paid by the Purchaser, without any further liability on the part of the Seller.

Any complaints in respect of goods supplied or services performed by the Company must be made in writing to the Company no later than 14 days after date of invoice or receipts of goods.

Part Exchange Vehicle

5. Where the seller has allowed for part of the total price of the goods by the customer delivering a part exchange vehicle to the seller the part exchange vehicle is hereby agreed to be delivered and part of the sale and purchase of the goods upon the following conditions:

(a) Such Part Exchange Vehicle is to be delivered to the Seller in the same condition as at the time of appraisal by the Seller (or, if no such appraisal took place, in the same condition as at the date of acceptance hereof by the Seller) without alteration of any particulars of the Part Exchange Vehicle appraised by the Seller, and if such Part Exchange Vehicle is not in the same condition or if any such particulars are altered or missing at the time of delivery to the Seller a reasonable deduction therefore shall be made from such allowance. Any allowance agreed prior to the production of the Certificate of Registration of the Part Exchange Vehicle is agreed subject to the verification of the date of first registration.

(b) If the Part Exchange Vehicle is not delivered to the Seller within thirty days of acceptance by the Seller or if the mileage run by the Part Exchange Vehicle exceeds by more than 2000 miles the mileage recorded by the Seller at the time of appraisal a reasonable alteration may be made by the Seller to the allowance on the Part Exchange Vehicle.

(c) If the Part Exchange Vehicle is the subject of a Hire Purchase agreement or any other charge or encumbrance whatsoever and a settlement of such Hire Purchase Agreement charge or encumbrance can be made by the Seller thereby vesting property in the Seller, the allowance to be made in respect of the Part Exchange Vehicle shall be reduced by the amount paid in settlement of such Hire Purchase Agreement charge or encumbrance.

(d) The Part Exchange vehicle shall be delivered to the Seller on or before delivery of the Goods to the customer and the property in the Part Exchange Vehicle shall there upon pass to the Seller absolutely.

(e) The particulars and information given by the Customer in relation to the Part Exchange Vehicle are true and accurate in all respects.


6. If the Customer does not pay to the Seller the balance due on delivery within fourteen days of being notified by the Seller that the Goods are ready for delivery or if the Customer fails to

deliver the Part Exchange Vehicle for which an allowance is being made or terminates the contract relating to the sale and purchase of the Goods, the Seller may in addition to any other rights under the contract, sell the Goods and may determine the contract (if not determined by the Customer) without prejudice to the Seller’s right to sue for breach of contract. Should the Goods be sold by the Seller a sum in respect of any loss sustained by the Seller by reason of the Customer’s failure to pay for the Goods or to deliver the Part Exchange Vehicle shall be paid to the Seller by the Customer. For this purpose the Seller shall be entitled to apply the whole or any part of any deposit towards making good the loss sustained by the Seller.

Variation of Terms

7. Subject to Clause 5 above, no variation of these Conditions of Sale shall be effective unless in writing and expressly accepted and agreed by or on behalf of the Seller.

Hire Purchase

8. Any order or offer by the Customer to purchase the Goods and (where applicable) to sell a Part Exchange Vehicle is subject to acceptance and confirmation in writing by the Seller.

Subject to these Conditions of Sale once such acceptance has been given the Customer shall be legally bound to purchase the Goods and the Seller to sell them. In the event of the Customer wishing to obtain finance for the Goods whether by way of hire purchase, credit sale, conditional sale, loan or otherwise he shall be at liberty to do so but any arrangement made between the Customer any person, firm or company providing finance (“the Hire Purchase Company”) shall in no way affect the Customer’s obligation under this Agreement, even though the Seller may act as the agent for either the Customer or the Hire Purchase Company in connection with the financial arrangements. If the Customer concludes such financial arrangements and requests the Seller to transfer the title of the Goods directly to the Hire Purchase Company or to any other person, firm or company, the Seller agrees to do so on the

same terms as to the Customer provided that if any legal or administrative costs are involved in such transaction such costs will be paid by the Customer and also that the Customer remains bound by these Conditions of Sale.


9. The Seller adheres to the code of Practice for the Motor Industry drawn up in consultation with the Director General of Fair Trading. The Seller will co-operate in the submission of any unsatisfied grievance or dispute to the appropriate conciliation and arbitration services available under the code.