THE FORGE PREES LIMITED

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

 

classic, historic, vintage, sports and 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
 

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.

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 entire 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 and history, such vehicles:

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

• may contain non-original parts;

• may have undergone historic repairs or sympathetic restoration;

• may display age-related wear consistent with their age and use.

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.

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 entitled to do so by law), the Company may retain the deposit to reflect:

• administration costs;

• loss of marketing opportunity;

• any reduction in resale value.

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

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.

6.4 Where transport is arranged by the Customer, risk transfers when the Vehicle is handed to the transporter.

7. Retention of Title

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

8. Classic Vehicle Acknowledgement

8.1 The Customer acknowledges they are purchasing a classic, historic or specialist vehicle.

8.2 Such vehicles should not be compared with modern vehicles and may exhibit characteristics entirely normal for vehicles of their age.

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

8.4 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 was unroadworthy at the point of sale.

8.5 Customers acknowledge that classic vehicles require ongoing servicing, preventative maintenance and sympathetic ownership. Periodic adjustment and maintenance are considered part of normal classic vehicle ownership.

8.6 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.

8.7 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.

8.8 The Customer confirms 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.

9. Consumer Rights

Where the Customer is purchasing as a consumer:

9.1 The Vehicle will be:

• as described;

• fit for purpose for a classic, historic, vintage, sports and enthusiast vehicles;

• of satisfactory quality taking into account its age, mileage, price and description.

9.2 Nothing within these Terms affects the Customer's statutory rights under the Consumer Rights Act 2015.

10. Commercial Warranty

10.1 Unless expressly confirmed in writing, the Company does not provide a commercial warranty or guarantee with any Vehicle.

10.2 This reflects the age, originality and specialist nature of the vehicles sold by the Company.

10.3 Customers wishing to obtain additional peace of mind may purchase an optional third-party mechanical warranty, subject to vehicle eligibility and the warranty provider's own terms, exclusions and claims procedures.

10.4 Any such warranty constitutes a separate agreement between the Customer and the warranty provider.

10.5 Nothing in this clause affects the Customer's statutory rights.

11. Limitation of Liability

Nothing in these Terms excludes liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• any liability that cannot legally be excluded.

Subject to the above, the Company's liability shall not exceed the purchase price of the Vehicle.

The Company shall not be liable for indirect or consequential losses, including loss of profit, business or enjoyment.

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 inspect it.

Such deductions may include, where appropriate:

• repair of any damage, deterioration or missing items;

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

• reasonable deductions for excessive mileage or use beyond that necessary to inspect the Vehicle, calculated at £0.50 per mile where appropriate;

• the cost of returning the Vehicle to its condition at the point of delivery where that condition has been altered by the Customer.

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, 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.

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;

• all known defects and 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 and any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.