THE FORGE PREES LIMITED

TERMS OF SALE FOR CLASSIC, HISTORIC, SPORTS & ENTHUSIAST VEHICLES
 

Company Name: The Forge Prees Limited
Registered Office: Whitchurch Road, Prees, Whitchurch, Shropshire, SY13 2DF
Company Number: 11860857
Telephone: +44 (0)1948 841100
Email: theforgeprees@gmail.com
 

Buying a Classic Vehicle from The Forge
 

At The Forge, we specialise in classic, vintage and enthusiast vehicles. Every vehicle we sell is unique, with its own history, character and imperfections. Unlike modern vehicles, classic cars require a different level of ownership, maintenance and understanding.

We pride ourselves on providing honest, detailed vehicle descriptions, extensive photography and videos, enabling prospective purchasers to make an informed buying decision.
 

Our vehicles are sold as classic, historic, sports or enthusiast vehicles and should be assessed accordingly.
 

1. Definitions
 

In these Terms:

Company, we, us means The Forge Prees Limited.

Customer, you means the purchaser of the Vehicle.

Vehicle means the motor vehicle described on the Sales Invoice.
 

Contract means the agreement between the Company and the Customer for the purchase of the Vehicle.

Warranty means the optional or included 3-month The Forge Classic Car Mechanical Warranty described in Clause 11, where that warranty is expressly stated on the Sales Invoice or otherwise confirmed by the Company in writing.
 

Nothing in these Terms excludes or limits any statutory rights available to consumers.
 

2. Formation of Contract
 

2.1 A Contract is formed when:
 

• the Customer pays a deposit or otherwise confirms their intention to purchase the Vehicle; and

• the Company issues a Sales Invoice confirming acceptance of the order.
   

2.2 These Terms, together with the Sales Invoice and any written information supplied by the Company relating to the Vehicle, form the agreement between the parties.
 

2.3 No verbal statement or representation shall form part of the Contract unless confirmed by the Company in writing.
 

2.4 Nothing in these Terms limits liability for fraud or fraudulent misrepresentation.
 

3. Description of Vehicles
 

3.1 The Forge specialises in classic, historic, vintage, sports and enthusiast vehicles.
 

3.2 Due to their age, mileage, history and specialist nature, such vehicles:
 

• may not meet modern standards of refinement, comfort, reliability or safety;

• may contain non-original parts;

• may have undergone historic repairs, modifications or sympathetic restoration;

• may display age-related wear and deterioration;

• may require ongoing servicing, maintenance and adjustment.
   

3.3 Every Vehicle is described honestly and as accurately as reasonably possible.
 

3.4 The Company's advertisement, photographs, videos and any additional written information supplied before sale are intended to provide a fair and accurate representation of the Vehicle at the time of advertising and form part of the information available to the Customer when deciding whether to purchase.
 

3.5 Customers are strongly encouraged to inspect the Vehicle personally or arrange an independent inspection before completing the purchase.
 

3.6 Where a Customer is unable to travel to view and assess a Vehicle personally, we strongly recommend that the Customer arrange an independent inspection by a suitably qualified classic vehicle specialist before committing to purchase.
 

4. Price & Payment
 

4.1 The purchase price shall be that shown on the Sales Invoice.
 

4.2 Payment must be received in cleared funds before collection or delivery.
 

4.3 Accepted payment methods are bank transfer (BACS, CHAPS or Faster Payments).
 

4.4 Ownership will not pass until payment has been received in full.
 

5. Deposits
 

5.1 A deposit reserves the Vehicle and removes it from sale.
 

5.2 If the Customer cancels the purchase, other than where the Customer is entitled to cancel, reject or otherwise terminate the Contract by law, the Company may retain the deposit to reflect reasonable costs and losses arising from the cancellation, including:
 

• administration costs;

• loss of marketing opportunity; and

• any reduction in resale value.
   

5.3 Should the Company cancel the sale, any deposit will be refunded in full.
 

5.4 Nothing in this clause affects any statutory right the Customer may have to cancel or terminate the Contract.
 

6. Delivery & Collection

6.1 Delivery dates are estimates only.
 

6.2 Delivery is deemed complete when:
 

• the Customer collects the Vehicle; or

• the Vehicle is delivered to the agreed address.
   

6.3 Risk passes upon collection or delivery, subject to any statutory rights that apply.
 

6.4 Where transport is arranged directly by the Customer, risk transfers when the Vehicle is handed to the Customer's nominated transporter, subject to any statutory rights that apply.
 

6.5 The Company can arrange delivery throughout the United Kingdom and Europe using carefully selected specialist vehicle transport partners. Delivery costs will be quoted separately.
 

7. Insurance & Legal Use
 

7.1 The Customer is responsible for ensuring that appropriate motor insurance is in place immediately upon the transfer of ownership of the Vehicle and, in all cases, before the Vehicle is driven on any public road.
 

7.2 The Company strongly recommends that insurance cover is arranged in advance of collection or delivery so that cover commences immediately upon the transfer of ownership.
 

7.3 It is the Customer's responsibility to ensure that the Vehicle is insured and complies with all applicable legal requirements before it is used or permitted to be used on any public road.
 

7.4 The Company accepts no responsibility for any loss, damage, liability, penalty or prosecution arising from the Customer's failure to obtain appropriate insurance or comply with applicable legal requirements following the transfer of ownership.
 

8. Retention of Title
 

Legal ownership remains with The Forge Prees Limited until full payment has been received.
 

9. Classic Vehicle Acknowledgement
 

9.1 The Customer acknowledges that they are purchasing a classic, historic, sports or specialist vehicle.
 

9.2 Such vehicles should not be compared with modern vehicles and may exhibit characteristics entirely normal for vehicles of their age, mileage and type.
 

9.3 Reasonable wear and tear consistent with the Vehicle's age, mileage and character shall not, of itself, constitute a defect.
 

9.4 Characteristics including, but not limited to:
 

• minor oil seepage;

• mechanical noises;

• vibration;

• heavier steering;

• historic repairs;

• patina;

• corrosion consistent with age;

• sympathetic restoration;

• non-original components;

• age-related imperfections;
   

shall not, of themselves, constitute faults unless the Vehicle has been materially misdescribed or the issue gives rise to a statutory remedy.
 

9.5 Customers acknowledge that classic vehicles require ongoing servicing, preventative maintenance, periodic adjustment and sympathetic ownership. Such maintenance is considered part of normal classic vehicle ownership.
 

9.6 It is common practice for classic vehicles to have underbody coatings such as underseal or wax protection. The Company is not required to remove these coatings during preparation and cannot comment upon concealed areas unless specifically inspected and confirmed in writing.
 

9.7 Where applicable, the Vehicle will normally be supplied with a valid MOT certificate unless exempt or otherwise stated. An MOT confirms compliance with the legal minimum standard at the date of testing only and is not a guarantee of future condition.
 

9.8 The Customer confirms that they have been given the opportunity to:
 

• inspect the Vehicle;

• arrange an independent inspection;

• review the Company's advertisement, photographs and videos; and

• ask any questions prior to purchase.
   

10. Consumer Rights
 

Where the Customer is purchasing as a consumer:
 

10.1 The Vehicle will be:
 

• as described;

• fit for any particular purpose expressly agreed between the parties, where applicable; and

• of satisfactory quality taking into account its age, mileage, price, description and all other relevant circumstances.
   

10.2 Nothing within these Terms affects the Customer's statutory rights under the Consumer Rights Act 2015 or any other applicable legislation.
 

10.3 The Customer's statutory rights apply independently of any voluntary Warranty provided by the Company.
 

11. The Forge 3-Month Classic Car Mechanical Warranty
 

11.1 Warranty Period
 

Where expressly stated on the Sales Invoice or otherwise confirmed in writing, the Vehicle is supplied with a 3-month The Forge Classic Car Mechanical Warranty, commencing on the date of purchase.
 

The Warranty is intended to provide cover against sudden and unexpected mechanical failure of the major mechanical components specifically covered below.
 

The Warranty is not a servicing, maintenance, restoration or refurbishment warranty.
 

11.2 What the Warranty Covers

The Warranty covers sudden and unexpected mechanical failure of the following major mechanical components:
 

• Engine

• Gearbox

• Differential

Cover applies to the major internal mechanical components of these units where failure is due to a genuine mechanical breakdown occurring during the Warranty period.
 

The Warranty does not cover deterioration, adjustment, servicing or replacement of components due to normal wear and tear.
 

11.3 What the Warranty Does Not Cover
 

The following are specifically excluded from the Warranty:
 

• electrical faults and electrical components;

• electronic ignition systems;

• distributors;

• coils;

• starter motors;

• alternators;

• alarms and security devices;

• fuel leaks;

• oil leaks;

• water leaks;

• hoses and pipes;

• radiators and cooling-system components;

• clutches and clutch friction material;

• brakes, brake pads, discs, drums and shoes;

• tyres;

• wheels;

• exhaust systems;

• batteries;

• spark plugs;

• belts;

• filters and other service items;

• suspension bushes and other normal wear items;

• seals and gaskets where failure is due to age, deterioration or normal wear;

• bodywork, paintwork, trim, glass or corrosion;

• cosmetic deterioration;

• faults resulting from accident, misuse, neglect or incorrect maintenance;

• faults resulting from overheating or continued operation following an obvious mechanical fault;

• faults resulting from modifications or alterations to the Vehicle;

• faults or defects which were present, apparent or known at the time of sale;

• the cost of routine servicing, maintenance, adjustment or inspection;

• restoration, refurbishment or improvement of the Vehicle;

• consequential or incidental loss or expense; and

• transportation, recovery, delivery or collection costs.
   

Nothing in this clause limits any statutory right or remedy that cannot legally be excluded.
 

11.4 Pre-existing Faults
 

The Warranty is intended to cover unexpected mechanical failures occurring after purchase.

It does not cover faults or defects that were present, apparent or known at the time of sale, or faults that are a consequence of the Vehicle's existing condition, age, history or previous maintenance.
 

11.5 Making a Warranty Claim
 

If a mechanical failure occurs, the Customer must contact The Forge as soon as reasonably practical and before arranging any repair work.
 

The Customer must provide details of the fault and, where reasonably requested, make the Vehicle available for inspection.

No repair work should be undertaken without prior authorisation from The Forge.
 

The Forge reserves the right to inspect the Vehicle and determine whether the reported failure falls within the scope of the Warranty.

Unauthorised repairs or work undertaken without prior approval may not be covered by the Warranty.
 

11.6 Where Repairs Are Carried Out
 

Where a Warranty claim is accepted, repairs will normally be carried out at The Forge's premises.
 

At The Forge's discretion, repairs may instead be authorised at another repair facility agreed in advance with the Customer.
 

Any agreed external repairer must be a VAT-registered limited company.
 

The Forge will agree the required repair and the scope of the work with the repairer before work commences.
 

The Warranty does not cover any additional work, parts or costs that have not been authorised by The Forge.
 

Transportation, recovery or delivery of the Vehicle to or from The Forge or an agreed repairer is not covered by the Warranty and remains the responsibility of the Vehicle owner.
 

11.7 Repairs and Replacement Parts
 

Where a covered component has suffered a mechanical failure, The Forge will determine the appropriate method of repair.
 

Where reasonably possible, a component may be repaired rather than replaced.
 

Where replacement is required, The Forge may use a suitable replacement component appropriate to the Vehicle and the nature of the repair.
 

The Warranty does not cover upgrades, improvements, refurbishment or restoration beyond what is reasonably necessary to rectify the covered mechanical failure.
 

11.8 Continued Use After a Fault
 

The Warranty does not cover additional damage caused by continuing to use the Vehicle after a mechanical fault has become apparent or after the Vehicle has shown clear signs of a problem.
 

Examples include:
 

• overheating;

• loss of oil pressure;

• unusual or serious mechanical noises;

• significant loss of oil, coolant or other fluids;

• excessive smoke;

• significant loss of performance; or

• other obvious signs of mechanical failure.
   

The Customer is expected to stop using the Vehicle as soon as reasonably practical where continued use could cause further damage and to contact The Forge for advice.
 

11.9 Warranty Duration
 

The Warranty applies for 3 months from the date of purchase.
 

A Warranty claim must relate to a covered mechanical failure occurring within the Warranty period.
 

The Warranty does not cover faults arising after the expiry of the 3-month Warranty period, even where the Vehicle has previously been inspected or repaired under the Warranty.
 

11.10 Warranty and Statutory Rights
 

The Warranty is a voluntary additional benefit provided by The Forge.
 

It does not replace, restrict or reduce the Customer's statutory rights under applicable UK consumer legislation.
 

Where a Customer has a statutory right or remedy, that right applies independently of the Warranty.
 

12. Distance Sales
 

12.1 Where the Contract is concluded without the Customer being physically present at the Company's premises, the sale may constitute a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
 

12.2 Where the Customer has a statutory right to cancel, written notice of cancellation must be given within the applicable statutory cancellation period.
 

12.3 The Customer must take reasonable care of the Vehicle whilst it remains in their possession and must not use it beyond what is reasonably necessary to establish its nature, characteristics and functioning, as would reasonably be permitted during an inspection at the Company's premises.
 

12.4 The Company reserves the right to make a reasonable deduction from any refund where the value of the Vehicle has been diminished as a result of handling or use beyond that reasonably necessary to establish its nature, characteristics and functioning, where such deduction is permitted by law.
 

Such deductions may include, where appropriate:
 

• repair of any damage, deterioration or missing items;

• rectification of cosmetic or mechanical damage occurring whilst in the Customer's possession;

• reasonable deductions for excessive mileage or use beyond that necessary to inspect the Vehicle;

• reasonable re-valeting or cleaning costs where the Vehicle is returned in a condition materially worse than when supplied;

• reasonable re-marketing costs where additional preparation, photography, advertising or other reasonable expenditure is required as a direct result of the Customer's use or handling of the Vehicle;

• the reasonable cost of returning the Vehicle to the condition it was in at the point of delivery where that condition has been altered by the Customer; and

• any other reasonable and demonstrable costs arising from deterioration in the Vehicle's condition caused by use or handling beyond that reasonably necessary to inspect it.
   

Any deduction will be limited to the Company's reasonable and demonstrable loss or cost and will only be made where permitted by applicable law.
 

12.5 Where the Customer has requested additional works, accessories, servicing, repairs, modifications or improvements to be carried out specifically for their benefit before delivery, and those works cannot reasonably be recovered or reversed following cancellation, the Company reserves the right to deduct the reasonable cost of such works from any refund, where permitted by law.
 

12.6 Unless otherwise agreed and subject to the Customer's statutory rights, the Customer is responsible for arranging and paying the cost of returning the Vehicle to the Company's premises following cancellation.
 

12.7 Any refund due will be processed within the timescales required by law, less any lawful deductions permitted under these Terms and applicable legislation.
 

12.8 Nothing in this clause affects any statutory right the Customer may have to reject the Vehicle, cancel the Contract or seek another statutory remedy.
 

13. Part Exchange
 

Where a Vehicle is accepted in part exchange, the Customer warrants that:
 

• they own the Vehicle;

• any finance has been disclosed;

• the mileage is accurate to the best of their knowledge; and

• all known defects and relevant history have been disclosed.
   

14. Complaints
 

Complaints should be addressed to:
 

The Forge Prees Limited
Whitchurch Road
Prees
Whitchurch
Shropshire
SY13 2DF

Email: theforgeprees@gmail.com
 

We aim to acknowledge complaints within five working days and provide a substantive response within fourteen working days.
 

15. Data Protection
 

Personal information is processed in accordance with UK data protection legislation.

Further details are available in our Privacy Policy.
 

16. Governing Law
 

These Terms shall be governed by the laws of England and Wales.
 

Any dispute shall be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory rights a consumer may have to bring proceedings in another jurisdiction.

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