TERMS & CONDITIONS OF SALE
THE FORGE PREES LIMITED - TERMS AND CONDITIONS OF SALE
Company Name: The Forge Prees Limited
Registered Office: Whitchurch Road, Prees, Whitchurch, Shropshire, SY13 2DF
Company Number: 11860857
Email: theforgeprees@gmail.com
Telephone: +44 (0)1948 841 100
1. DEFINITIONS
- Company / We / Us means The Forge Prees Limited.
- Customer / You means the person or entity purchasing the Vehicle.
- Vehicle means the motor vehicle described on the sales invoice or order form.
- Contract means the agreement for sale formed in accordance with clause 2.
- Nothing in these Terms excludes or limits any statutory rights available to consumers.
2. FORMATION OF CONTRACT
2.1 A Contract is formed when:
- A written request to reserve the Vehicle is made or a deposit is paid; and
- A sales invoice is issued by the Company confirming acceptance of the order.
For the avoidance of doubt, the Company shall not be legally bound to sell the Vehicle until the sales invoice has been issued.
2.2 These Terms, together with the sales invoice, constitute the entire agreement between the parties. No verbal statement or representation shall form part of the Contract unless confirmed in writing by the Company.
Nothing in this clause shall limit or exclude liability for fraud or fraudulent misrepresentation.
2.3 Any variation to the Contract must be agreed in writing by the Company.
3. DESCRIPTION OF VEHICLES
3.1 All Vehicles sold by the Company are classic, historic, specialist or enthusiast vehicles unless otherwise stated.
3.2 Due to their age, mileage and prior ownership history, such Vehicles:
- May not meet modern standards of performance, refinement or reliability;
- May contain non-original parts, historic repairs or sympathetic restorations;
- May exhibit characteristics typical of vehicles of similar age.
3.3 The Vehicle will be as described in the sales particulars and invoice. Customers are strongly encouraged to inspect the Vehicle in person or arrange an independent inspection prior to purchase.
3.4 Any photographs, advertisements or descriptions are for general guidance and do not form a contractual representation beyond the written invoice description.
4. PRICE AND PAYMENT
4.1 The Vehicle price is as stated on the sales invoice.
4.2 The balance of the purchase price must be paid in cleared funds before collection or delivery.
4.3 Accepted payment methods:
Bank transfer (BACS / CHAPS / Faster Payments)
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4.4 The Company reserves the right to refuse release of the Vehicle until full cleared funds are received.
5. DEPOSIT
5.1 A deposit secures the Vehicle and removes it from sale.
5.2 If the Customer cancels the Contract (other than where legally entitled to do so), the deposit may be retained to cover:
- Administrative costs
- Loss of marketing opportunity
- Any reduction in resale value
5.3 If the Company cancels the Contract, the deposit will be refunded in full.
6. DELIVERY AND COLLECTION
6.1 Any delivery date provided is an estimate only.
6.2 Delivery is deemed complete when:
The Vehicle is collected; or
It is delivered to the agreed address.
6.3 Risk passes to the Customer upon collection or delivery.
6.4 Where a third-party transporter is used at the Customer’s request, transit risk passes upon handover to the transporter unless otherwise agreed in writing.
7. RETENTION OF TITLE
7.1 Ownership of the Vehicle does not pass until full payment has been received in cleared funds.
8. CONDITION AND CLASSIC VEHICLE ACKNOWLEDGEMENT
8.1 The Customer acknowledges that the Vehicle is a classic, historic or specialist vehicle and, due to its age and prior use, may not meet modern standards of performance, refinement or reliability.
8.2 Reasonable wear and tear consistent with the Vehicle’s age, mileage and character shall not constitute a defect.
8.3 Minor oil seepage, mechanical noises, patina, historic repairs, corrosion consistent with age, non-original features, sympathetic restorations, or age-related imperfections typical of classic vehicles do not amount to faults unless rendering the Vehicle materially misdescribed or unroadworthy at the point of sale.
8.4 The purchase price reflects the Vehicle’s age, character, provenance and overall condition.
8.5 The Customer acknowledges that it is common practice for classic vehicles to have chassis, underbodies or structural components coated with underseal, wax oil or similar protective treatments, whether historic or recent. The Company does not remove such coatings as part of its inspection or preparation process, and cannot comment on or warrant the condition of any areas concealed beneath such treatments unless expressly stated in writing.
8.6 Unless expressly stated otherwise in writing, the Vehicle will, prior to sale, be independently inspected by a DVLA MOT test station and will be supplied with a valid certificate at the point of sale. The provision of an MOT certificate confirms that the Vehicle met the minimum roadworthiness standards required by law at the time of testing and does not constitute a guarantee of future condition or ongoing roadworthiness.
9. CONSUMER RIGHTS
9.1 If the Customer is purchasing as a consumer, the Vehicle must be:
Of satisfactory quality (taking into account age, mileage, price and description);
- Fit for purpose;
- As described.
9.2 If a fault is discovered within 30 days of delivery that renders the Vehicle not of satisfactory quality (considering its age and nature), the Customer may be entitled to reject the Vehicle for a refund.
9.3 After 30 days, the Company is entitled to one opportunity to repair or replace before a refund may be required, subject to statutory provisions.
9.4 Nothing in these Terms limits or excludes statutory consumer rights.
10. WARRANTY
10.1 Unless otherwise stated in writing, the Company provides a 3-month mechanical warranty from the date of collection or delivery. This warranty is typically administered by an independent specialist warranty provider.
10.2 The warranty is intended to cover sudden and unforeseen mechanical failure of major mechanical components and does not apply to:
Routine servicing or maintenance items;
- Consumable components (including but not limited to brake pads, brake discs, clutches, tyres, batteries, bulbs and wiper blades);
- Wear and tear consistent with the Vehicle’s age, mileage and usage;
- Deterioration arising from age, corrosion or historic design characteristics;
- Bodywork, paintwork, cosmetic finish, trim, interior materials, weather seals or glass;
- Corrosion, rust (whether visible or hidden), bubbling, blistering or previous repairs;
- Faults arising from misuse, racing, competition use, modification, neglect or failure to maintain the Vehicle appropriately.
Full details of the applicable warranty terms, cover limits, exclusions and claims procedure are available in writing and a copy will be supplied to the Customer at the point of sale.
10.3 In the event of a suspected fault, the Customer must:
- Notify the Company as soon as reasonably practicable upon discovering the issue;
- Allow the Company or the warranty provider a reasonable opportunity to inspect the Vehicle and authorise any repair;
- Not arrange or commence repairs without prior written authorisation, save where immediate action is reasonably required to prevent further damage.
Failure to comply with this procedure may invalidate the warranty claim.
10.4 This warranty is provided in addition to, and does not affect, the Customer’s statutory rights.
11. LIMITATION OF LIABILITY
11.1 Nothing excludes liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation;
- Any liability that cannot legally be excluded.
11.2 The Company shall not be liable for:
- Loss of profit;
- Loss of business opportunity;
- Loss of enjoyment;
- Indirect or consequential losses.
11.3 Liability is limited to the purchase price of the Vehicle.
12. DISTANCE SALES (ONLINE / REMOTE SALES)
12.1 Where the Contract is concluded without face-to-face contact, it is a distance contract.
12.2 Consumers have the right to cancel within 14 days of delivery.
12.3 To cancel, written notice must be provided within the 14-day period.
12.4 The Customer must take reasonable care of the Vehicle.
12.5 The Company may make a reasonable deduction from any refund for diminished value resulting from use beyond what is necessary to inspect and test the Vehicle as would be permitted in a showroom setting.
12.6 The Customer is responsible for transportation costs. both ways, unless otherwise agreed.
12.7 Refunds will be processed within 14 days of the Vehicle being returned and inspected.
13. PART EXCHANGE
13.1 Where part exchange is agreed, the Customer warrants that:
- They have full legal title;
- The Vehicle is free from finance unless declared;
- The mileage is accurate to the best of their knowledge;
- All known damage or history has been disclosed.
13.2 The agreed allowance is subject to the part exchange vehicle being in the same condition at handover as when inspected.
13.3 Title passes to the Company upon delivery.
14. FINANCE
14.1 If finance is arranged, the Vehicle will not be released until funds are received in full.
15. CANCELLATION (NON-DISTANCE SALES)
15.1 Outside statutory cancellation rights, cancellation is at the Company’s discretion.
15.2 Where agreed, the deposit may be retained.
16. FORCE MAJEURE
The Company is not liable for delay or failure caused by events beyond reasonable control.
17. COMPLAINTS
17.1 Complaints should be sent to:
The Forge Prees Limited
Whitchurch Road, Prees, Whitchurch, Shropshire, SY13 2DF
Email: theforgeprees@gmail.com
17.2 We aim to acknowledge complaints within 5 working days and respond within 14 working days.
This does not affect legal rights.
18. DATA PROTECTION
18.1 Personal data is processed in accordance with UK data protection legislation.
18.2 Full details are set out in our Privacy Policy available on request or via our website.
19. GOVERNING LAW
This Contract is governed by the laws of England and Wales. The parties submit to the jurisdiction of the English courts.
