Private Client Concierge Terms and Conditions
Vehicle Professionals Limited is a registered company (company registration number SC428015) with registered offices at Bonnington Bond, 2 Anderson Place, Edinburgh, EH6 5NP, trading as Pike & Bambridge (referred to in these terms as "We", "Our" or "Us").
We act as Credit broker agents and source vehicles for clients, and these terms and conditions (the “Terms”) set out the basis on which We act as agent to provide these services to you as Our client (referred to in these Terms as "You").
1. Process
1.1 In response to an enquiry We will arrange a communication with You (the "First Meeting") during which We will discuss Your requirements including:
1.1.1 details of the vehicle You wish to acquire (the "Vehicle" or "Vehicles");
1.1.2 whether You wish Us to seek quotations for car finance on Your behalf; and
1.1.3 whether You wish to part exchange a vehicle which You currently own.
1.2 Shortly thereafter We will arrange a second communication (the "Second Meeting") at which We shall present an order form with specifications (the "Order Form") in response to the requirements You communicated to Us at the First Meeting, including:
1.2.1 vehicle descriptions and comparisons;
1.2.2 car finance quotes (if requested) (the car finance process being described in more detail in clause 2 below); and
1.2.3 an estimated value for Your part exchange vehicle (if requested) (the part exchange process being described in more detail in clause 4 below).
1.3 Vehicle images, where shown on the Order Form or on any other literature from Us, are for illustration only.
1.4 Where We have agreed to do so, We will organise test drives of relevant vehicles for You, subject to availability.
1.5 We reserve the right to withdraw the offer to provide the services described in the Order Form for any reason and at any time.
1.6 If You wish to proceed with purchasing a specific vehicle (the "Vehicle") You shall sign the Order Form and order the Vehicle in accordance with these Terms, and We shall source the Vehicle for You in accordance with the terms of the signed Order Form ("Your Order"). You irrevocably authorise Us to act as Your agent in dealing with third parties in accordance with the terms of Your Order.
1.7 Whilst We try to ensure all of the information We provide on Our Order Form is correct, errors and omissions are specifically excepted and it is Your responsibility to check that the terms of the Order Form are correct and meet Your requirements. We will not be liable if You fail to adequately communicate Your requirements to Us. Please note that once Your Order is sent by Us to the supplier of the Vehicle (the "Supplier") it may be impossible to make any further changes to the specification of the Vehicle.
1.8 Any other elements of the service shall not be charged for unless agreed otherwise between You and Us.
1.9 The description of a vehicle as “new” on the Order Form shall mean that You are the vehicle's first registered keeper.
1.10 Note that the description of a Vehicle as "used" on the Order Form indicates that the Vehicle is "approved used", that is a used vehicle being sold under an approved vehicle scheme by the dealer from whom it is sourced.
2 Car Finance
2.1 We are a licensed credit broker under the Consumer Credit Act 1974. Our FCA Registration Number is 690648. These details can be checked on the FCA’s Register by visiting the FCA’s website at www.fca.org.uk/register. Please note that all Our sales staff comply with the Finance and Leasing Association's Specialist Automotive Finance ("SAF") scheme, which assesses knowledge of finance products sold in dealerships, as well as motor finance regulation. When an individual passes the test he/she is awarded a Certificate of SAF Competence Test and becomes a SAF Expert in recognition of their improved standard of knowledge.
2.2 If You indicate at the First Meeting that You wish Us to seek car finance quotes on Your behalf, then We shall seek such quotes and present them for Your review and potential acceptance at the Second Meeting.
2.3 Such quotes are subject to finance clearance. We appreciate that everyone's credit history is different and if You foresee any challenges with finance clearance then please let Us know so that We can endeavour to keep searches against Your credit file to a minimum.
2.4 Whilst We will provide general advice on the various car finance packages that We have identified for You, You acknowledge that We make no claim that the finance package(s) We have identified are necessarily the best packages on the market. You are free to choose Your own financial package if You choose. Note that financial quotes are given by the finance package providers - not Us. Finance packages may be subject to change or withdrawal at any time up until Your offer of finance has been agreed by the finance provider. Any financial quotes We obtain on Your behalf are subject to the terms and conditions of the finance provider concerned.
2.5 Full terms and conditions relating to this aspect of Our service are available upon request.
3 Purchase Price and Deposit
3.1 We are paid commission by the Supplier and by lenders if applicable.
3.2 Payment to the Supplier of the purchase price of the Vehicle (the "Purchase Price") in cleared funds from You or from any other person You have instructed to make such payment must be made before the Supplier will allow Us to collect the Vehicle on Your behalf. Depending on Your car finance arrangements this may include, but may not be limited to, a correctly completed credit or hire agreement signed by all those parties who the Supplier and/or the lender require, satisfactory documents confirming the address and identity of any applicant, and any other
information or document required by the lender as a condition of their acceptance of Your car finance application. It is Your responsibility to ensure that You are financially in a position to pay the Purchase Price for the Vehicle on the date that has been agreed for completion of its purchase.
3.3 We will take a deposit of the Purchase Price from You at the Second Meeting when You sign the Order Form (the "Deposit"). The Deposit will be:
3.3.1 £500 (if the Purchase Price is £15,000 or less);
3.3.2 £1,000 (if the Purchase Price is above £15,000 and below £30,000); or
3.3.3 £1,500 (if the Purchase Price is £30,000 or above) and Your Order shall not be confirmed until such Deposit is received.
3.4 You irrevocably authorise Us to pay the Deposit to the Supplier for the purposes of acquiring the Vehicle for You in accordance with the terms of Your Order.
4 Part Exchange
4.1 This clause will apply if the terms of Your Order are such that We have agreed to dispose of a vehicle which You currently own (a "Part Exchanged Vehicle") in order to part fund the acquisition of the Vehicle.
4.2 In valuing the Part Exchanged Vehicle We will rely on the information You give Us. We will appraise the Part Exchanged Vehicle and You will complete Our part exchange form (the "Part Exchange Form"). For valuation purposes We will require a minimum of 4 photographs of the Part Exchanged Vehicle in addition to photographs of any damage on the exterior and/or interior of the Part Exchanged Vehicle. We may also run the engine or drive the Part Exchanged Vehicle for a short period. The value of the Part Exchanged Vehicle shall then be calculated by Us, by reference to: i) the information gathered by Us; ii) the projected delivery date on Your Order; and iii) independent vehicle valuation data provided by CAP Automotive Limited (which We will share with You on request).
4.3 You agree to indemnify Us against any loss We incur as a result of Your failure to answer honestly or accurately any question on the Part Exchange Form which affects Our ability to resell the Part Exchanged Vehicle, or which affects the value We receive upon selling the Part Exchanged Vehicle.
4.4 At the Second Meeting, and prior to You signing the Order Form, We will provide You with an appraisal form detailing Our valuation of the Part Exchanged Vehicle (the "Part Exchange Valuation"). If You accept that Part Exchange Valuation, We agree that We will sell the Part Exchange Vehicle on Your behalf and that, subject to Your compliance with these Terms, We will ensure that funding to the amount of the Part Exchange Valuation will be made available by Us to acquire the Vehicle and that You will only be liable to pay the balance (if any) of the Purchase Price for the Vehicle which exceeds that Part Exchange Valuation. You irrevocably agree that the proceeds of sale that are received in respect of the Part Exchange Vehicle are to be paid to Us for application and payment toward the Purchase Price.
4.5 Two weeks prior to the agreed date for completion of the purchase of Vehicle, We will conduct a second valuation of the Part Exchanged Vehicle. We shall not be bound to the original Part Exchange Valuation if:
4.5.1 updated vehicle valuation data provided by CAP Automotive Limited indicates that the value of the Part Exchanged Vehicle has reduced; or
4.5.2 in the event that We are making Our first physical evaluation of the Part Exchanged Vehicle, its condition is different to that on which We relied according to the information provided by You in the Part Exchange Form; or
4.5.3 otherwise, in Our sole opinion, its value is different (subject only to fair wear and tear and reasonable increase in mileage) to the first valuation provided by Us.
4.6 Where We determine that We are not bound to the original Part Exchange Valuation, We may agree a revised Part Exchange Valuation with You, failing which the Part Exchange Vehicle will be excluded from the arrangements to purchase the Vehicle and You may sell the Part Exchange Vehicle yourself, in which case at completion You will be required to pay the Purchase Price in full, ie without any value being attributed to the Part Exchange Valuation.
5 Cancellation
5.1 If You wish to cancel Your Order prior to delivery of a Vehicle You must notify Us that You wish to do so in writing (and writing for these purposes may include by e-mail). Such cancellation will only become effective if We accept it. On receipt of Your notification to Us that You wish to cancel Your Order, We will notify You in writing whether We are prepared to accept the cancellation and, if so, on what basis (for which see clause 5.3 below).
5.2 If You fail to return any documentation We require within fourteen calendar days of Us sending them to You, or fail to make any required payment within fourteen calendar days of Our request for payment, or in any other way fail to fulfil Your obligations under these Terms, We may consider that You wish to cancel Your Order, and may accept such cancellation and act accordingly.
5.3 If We accept Your cancellation under clauses 5.1 or 5.2, We may return the Deposit (if We have not commenced the services) or otherwise retain the Deposit (in part, or in full, depending on the amount of reasonable and quantifiable services We have performed). A cancellation charge may be levied to reflect the Supplier's cancellation charge. Alternatively or in addition We may also levy a charge for reasonable and quantifiable administrative expenses incurred in processing Your Order and all services related thereto.
6 Delivery
6.1 The projected date of delivery described on the Order Form is an estimated date by which the Vehicle will become available for delivery. While We will endeavour to meet any timescale quoted, We will not be liable for any losses arising out of a delay in delivery due to matters outside Our control.
6.2 As described in clause 3 (Purchase Price and Deposit), We will not be able to purchase the Vehicle on Your behalf, and subsequently the Vehicle cannot be delivered to You, until the Supplier receives correctly completed documentation and full payment in cleared funds of the Purchase Price (or the element of the Purchase Price which You are responsible to pay) from You or from any other party You have instructed to make such payment.
6.3 We will deliver the Vehicle to Your choice of address in the United Kingdom mainland (as specified on the Order Form), provided that the delivery address is no more than 500 miles from Our premises. Alternatively, We will arrange to make the Vehicle available for collection from Our premises. If You wish the Vehicle to be delivered to Northern Ireland, or to the Isle of Man or the Channel Islands, We will agree a price with You for delivery of the Vehicle.
6.4 Mileage incurred in delivery will be no greater than reasonably expected taking into account industry standard practices. In order to meet the projected date of delivery there are occasions on which mileage will have to be incurred.
6.5 Where applicable, You will be responsible for any formalities relating to importing and reregistering the Vehicle with the relevant authorities outside the United Kingdom.
6.6 Upon delivery, You will thoroughly inspect the Vehicle to ensure that it is of satisfactory quality. You must make a note on the handover form of any missing item or defect You find. Failure to make such a note may compromise Your ability to seek a remedy for any missing item or defect.
6.7 If We arrange delivery and You or another person on Your behalf is not available to accept delivery at the agreed time, You agree that We may involve You for, and You will pay, Our reasonable costs (including storage costs) connected with Your failure to accept delivery at the agreed time.
7 Further services
7.1 If You have a licence plate on retention it is sometimes possible to have the plate affixed to Your Vehicle prior to delivery. We can assist with switching the licence plate to the Vehicle subject to You paying the relevant DVLA fee.
8 Data protection and data sharing
8.1 We will process information gathered from You in accordance with Our privacy policy, a copy of which is available upon request.
8.2 Vehicle Professionals Limited are registered on the Information Commissioner's Data Protection Public Register with Registration Number Z3333536.
8.3 We will only share Your information solely for the purposes of these Terms and/or complying with Our obligations hereunder.
8.4 You guarantee the accuracy of all information You provide, and the authenticity of all documents You provide.
9 Liability
9.1 We provide a Vehicle sourcing service. The Supplier will typically carry out an extensive Pre Delivery Inspection of the Vehicle and We hope that You will experience no problems with the Vehicle. You acknowledge that We have not chosen or inspected the Vehicle and We do not give or make any express representation, warranty or term as to the quality, description, fitness for purpose or otherwise of the Vehicle. We will however seek to provide utmost help and guidance to You and shall act on Your behalf in accordance with Your Order and these Terms.
9.2 We may provide information relating to a Vehicle’s standard equipment, any manufacturer’s warranty, and any breakdown cover provided as part of such warranty. This information is provided on an informal advice basis only and We shall not be liable for any losses arising out of any inaccuracy in this information. You must satisfy Yourself that the Vehicle is fit for the purposes for which You intend it, including verifying with the manufacturer the accuracy of any information on which You base Your decision.
9.3 Nothing in these Terms excludes or limits Our liability for:
9.3.1 death or personal injury;
9.3.2 loss or damage caused by fraud (including fraudulent misrepresentation); or
9.3.3 any other loss or damage for which liability may not legally be excluded or limited.
9.4 Subject to clause 9.3, Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of Our obligations under these Terms shall in all circumstances be limited to £5,000.
10 General
10.1 Nothing contained in these Terms affects Your statutory rights.
10.2 If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
10.3 Any failure or delay by You or Us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Your or Our rights or remedies.
10.4 You may not transfer any of Your rights or obligations under these Terms. We may transfer any of Our rights or obligations under these Terms without Your prior written consent to any business that We enter into a joint venture with, subcontract with, purchase, or are sold to.
10.5 The headings in these Terms are included for convenience only and shall not affect their interpretation.
10.6 Where a word or phrase is defined anywhere in these Terms, that word or phrase will have the meaning given to it in that definition wherever it is used throughout these Terms.
10.7 The cancellation of Your Order will not affect any provision of these Terms which are by implication intended to come into or to continue in force on or after such expiry or termination, including those relating to liability, data protection and/or transfer of rights or obligations.
10.8 These Terms and any documents referred to in these Terms (including, without limitation, the Order Form) constitute the entire agreement between Us and You and supersede any prior arrangement, understanding or agreement between Us and You in relation to the subject matter of these Terms. These Terms will prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
10.9 We will exercise Our right to statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 on any overdue amounts.
10.10 We may amend these Terms at any time. We will notify You in writing (which may include by email) of such an amendment. Any notifications that are given or made under these Terms may be given to the addresses of the parties are set out in the Order Form or as otherwise notified by either party to the other in accordance with this clause.
10.11 These Terms do not create any rights in favour of any person who is not a party to the Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply.
10.12 The governing law for the contract created between Us by any Order Form and/or these Terms shall be determined as follows:
10.12.1 Where You are a Scottish registered company and / or where You have Your principal place of business in Scotland, or are otherwise ordinarily resident in Scotland the contract and any non-contractual obligations arising out of or in connection with it shall in all respects be governed by and construed in accordance with the laws of Scotland,
and the parties irrevocably submit to the non-exclusive jurisdiction of the Scottish courts (including in relation to any non-contractual obligations);
10.12.2 In all other cases, the contract and any non-contractual obligations arising out of or in connection with it shall in all respects be governed by and construed in accordance with the laws of England, and the parties irrevocably submit to the exclusive jurisdiction of the English courts (including in relation to any non-contractual
obligations).
These terms and conditions prepared on behalf of Pike & Bambridge by Brodies LLP.
