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Sales Terms & Conditions

1. Application

1.1 These Terms and Conditions shall apply to the purchase of the Cars/Vehicles detailed overleaf ("Cars/Vehicles") by you ("Buyer") from Heston Cars London Ltd a company registered in England and Wales under number 11316788 whose registered office is at 594-596 London Road, Ashford, Surrey, TW15 3AF ("Seller") and to the payment of this invoice. No other terms and conditions shall apply to the sale of the Goods or to this invoice unless agreed upon in writing between the Buyer and Seller.

1.2 The essence of these Terms and Conditions remains the same as those included with the Seller's quotation. The tense has been altered to reflect the inclusion of these Terms and Conditions in an invoice.

2. Goods/ Cars/Vehicles

2.1 The description of the Cars/Vehicles are as set out in the Seller's website (www.hcl-ltd.com) or third-party websites and confirmed in the quotation and this invoice. In accepting this quotation, the Buyer has acknowledged that it does not rely on any other representations regarding the Cars/Vehicles save for those made in writing by the Seller. No descriptions of the Cars/Vehicles set out in the Seller's website or third-party websites shall be binding on the Seller and are intended as a guide only.

2.2 Whilst every effort has been made to ensure accuracy of the information, we recommend that you always check car/vehicle specification and its mileage details with the sales representative.

2.3 The Seller reserves the right to make any changes in the specification of the Cars/Vehicles which are required to conform to any applicable safety or other statutory or regulatory requirements.

3. Price

3.1 Subject to sub-Clause 3.2, the price ("Price") of the Cars/Vehicles shall be accepted by the Buyer and confirmed in this invoice.

3.2 Any increase in the cost of the Cars/Vehicles to the Seller due to any factor beyond the Seller's control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Sellers right to increase the Price prior to delivery.

3.3 Any increase in the Price under sub-Clause 3.2 shall only take place upon the Seller informing the Buyer of the increase in writing.

3.4 The Price is exclusive of fees administrative charges and transportation / delivery.

3.5 In line with HMRC requirements, there is no VAT on second-hand goods however HMRC assumes that VAT is included in the sale price as part of the VAT margin scheme. The Buyer will not be paying VAT separately, but it will be included in the sale price. Clause 3.5 will not be applicable to VAT qualifying cars.

4. Administrative Charges

4.1 Seller will charge administration fee to cover essential documentation and administration costs related. To ensure we can offer all our customers the best value we have tailored our administration fee to our customers individual circumstances. This fee is a compulsory fee and applies to most of our cars depending on your below circumstances:

(a) Retail customer Admin Fee £299.00 including Finance customer.

(b) Export Customer Admin Fee £399

(c)Retail Customer using a Finance broker outside our ofFicial panel of lenders Fee £399

(d)Motoring Trade Customers Admin Fee £299

Your statutory rights are not affected.


5. Basis of Sale & Deposits

5.1 The payment of non-refundable deposit constitutes acceptance and confirmation by the Seller of the Buyer's purchased for the Cars/Vehicles as well as explicit acceptance of HCL's T&Cs. Please note, all deposits are non-refundable.

5.2 Any quotation or price offered in writing is a contractual offer to sell the Cars/Vehicles which the Buyer has accepted. The Seller and the Buyer have entered a contract for the sale of the Goods/ Cars/Vehicles.

6. Payment

6.1 The Buyer shall pay the Price stated in this invoice prior to taking delivery or otherwise in accordance with any finance arrangement agreed between the Seller, lender, and the Buyer.

6.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and / or that the property in the Goods/ Cars/Vehicles has not passed to the Buyer.

6.3 If the Buyer fails to make the full payment after paying the deposit, the agreement will be forfeited after 24hours of the agreed payment date, and no refund will be paid.

6.4 Time for payment is of the essence of the Contract between the Seller and the Buyer.

6.5 All payments must be made in sterling pounds £ and we accept UK Visa Debit Cards, Metro Bank Mastercard Debit card, Direct Transfer, Bank Drafts and Building Society Cheques payable to Heston Cars London Ltd. Cash payments over £1,500 will incur a 2% handling fee.

6.6 Please note, normally we do not accept credit card payments towards the purchase of the car/vehicle, but these are allowable in exceptional circumstances at an additional transaction fee. Credit cards are accepted for additional products i.e., Warranty cover and Paint Protection.

7. Inspection of Goods/ Cars/Vehicles

7.1 The Buyer is under a duty to inspect the Goods/ Cars/Vehicles on delivery or collection.

7.2 If the Buyer identifies any damage or shortages, it must inform the Seller in writing within 24 hours of delivery or collection, providing details of the alleged damage or shortage. The Seller shall not be liable if the Buyer fails to provide such notice.

7.3 The Seller must be permitted to inspect the affected Goods/ Cars/Vehicles before the Buyer uses, alters, or modifies them in any way.

7.4 Subject to the Buyer’s compliance with this Clause 11 and the Seller’s agreement with any alleged damage or shortages, the Seller shall address the issues within 30 days of the purchase date..

7.5 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.

8. Returns

8.1 Buyer should email after sales support on customerservices@hcl-ltd.com to share their concerns along with any evidence supporting their claims. Any faults identified should be supported by an approved registered garage.

8.2 Cars/Vehicles may not be returned without the prior written agreement of the Seller.

8.3 Subject to sub-Clause 8.5, the Seller shall only accept returned Cars/Vehicles within 28 days from date of invoice, provided it is satisfied that those Cars/Vehicles had pre-existing defective prior to buyer's collection or seller's delivery and that the defects were not apparent during the predelivery checks.

8.4 The buyer will allow the seller the option of either replacing/repairing defective Cars/Vehicles within 30 days of receipt of them or shall refund to the Buyer the Price for those Cars/Vehicles which are defective if the Seller is unable to Fix them. The buyer may reject the car within 30 days of the date of invoice and this will be subject to clause 8.5 for any deduction.

8.5 The Buyer can reject the defective Cars/Vehicles within 30 days from the date of purchase provided that:

(a) The defect or fault were pre-existing prior to Buyer collecting or receiving the delivery.
(b) The Seller has carried out its own diagnostics at HCL service shop and is unable to fix the fault. No third-party diagnostics will be considered directly or indirectly. Any faults will be first addressed by HCL specialist inhouse service shop. HCL will take the responsibility to work with main dealer should there be a need. HCL will not compensate for any initiatives taken by the buyer without prior agreement.
(c) The Buyer bears the risk and cost of returning the Cars/Vehicles including recovery charges.
(d) The Buyer indemnifies the Seller against any costs incurred in rectifying any deterioration of the Goods/Cars/Vehicles resulting from the Buyer's incorrect handling or storage of the Cars/Vehicles.
(e) The return will be subject to administrative charges of 7% and the difference in price if the car has been registered under the Buyers name. As well as a deduction for any additional mileages beyond 1000 miles test drive limit at 45 pence + VAT per mile.

8.6 The Seller shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.

8.7 Where Buyer had a part exchange at the time of purchase, the Seller will be pay an equivalent amount in cash against the agreed amount for the part exchange but will not receive the original car/vehicle in return.

8.8 We operate a strict deduction policy where the car has been returned. These include:

(a) A full refund will be offered to the Buyer where the Buyer has driven less than 1000- mile test drive limit within the First 30 days of the invoice date. Subsequent mileages added to the vehicle will be subject to a charge of 45pence + VAT per mile.
(b) If the buyer is returning after 30 days from the date of invoice, the return will be subject to all stated deductions within sub- clause 8.5
(c) Consumer rights return - If Buyer has a valid reason to return the vehicle under buyers’ consumer rights, the Seller reserves the right to deduct a reason-able sum of money for the usage of the vehicle and any failure to keep it in good repair and condition. Furthermore, the deduction amount will be subject to 7% of the invoice value. The Seller operates a policy to charge 45 pence + VAT per mile for each mile covered since the date of sale, along with the cost of any estimate for repairs required due to any damage to the vehicle (e.g., interior, and exterior) that was caused whilst in Buyer’s possession/ownership.Additional deductions will also apply as stated in clause 8.5.

9. Repairs and Third-Party Costs

No third-party diagnostics cost will be compensated.
Any faults will be First addressed by HCL specialist inhouse service shop. HCL will take the responsibility to work with main dealer should there be a need.
HCL will not compensate for any initiatives taken or cost incurred by the buyer without prior agreement.

10. Risk and Title

10.1 Risk of damage to or loss of the Cars/Vehicles shall pass to the Buyer either when the Cars/Vehicles are delivered to the Buyer or when the Seller notifies the Buyer that the Cars/Vehicles are ready for collection.

10.2 If the Buyer wrongfully fails to take delivery of the Cars/Vehicles, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Cars/Vehicles.

10.3 Legal and beneficial title in the Cars/Vehicles shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.

11. Warranty

The warranty is limited to 3 months or 1500 miles (which ever expires first) for labour and parts. Any additional months will be covered under extended warranty protection if it is purchased. Kindly refer to warranty documents for list of inclusions and exclusions.

12. Rights, Warranties and Liability

12.1 Subject to these Terms and Conditions and except where the Buyer is purchasing the Goods/ Cars/Vehicles as a consumer, all warranties, conditions, or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

12.2 The Seller shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.

12.3 The exclusions of liability contained within Clause 14 shall not exclude or limit the liability of the Seller:

(a) for death or personal injury caused by the Seller's negligence.
(b) for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
(c) for fraud or fraudulent misrepresentation.

13 Part Exchange vehicle

13.1 If Seller and Buyer have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, the Seller shall only be bound to do so if the Part Exchange Vehicle is:

(a)Cleared of any finance agreements, charges, or other encumbrances which you did not disclose to us before the date of the agreement.
(b)Delivered to our place of business before you take collection of the vehicle and/or products.
(c) If the vehicle was inspected at initial deposit / sale agreed stage, it should be in the same condition. If the vehicle was not inspected, the vehicle must be mechanically fit for purpose, in a drivable state with no engine gearbox or other major issues that could affect performance.

13.2 If Buyer fails to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Vehicle or to allow the Part Exchange Valuation against the Purchase Price and you may be required to pay the full Purchase Price before taking the collection of the vehicle and/or products. Seller reserves the right to offer you an amended price for the part exchange should issues be identified affecting the original valuation.

14. Communications

14.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

14.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or
(d) on the tenth business day following mailing, if mailed by airmail.

14.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

15. Law and Jurisdiction

15.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

15.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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An OTR Cash Price of £22,990.00 with a deposit of £2,299.00 leaving an amount of credit of £20,691.00. The agreement is resulting a Representative 13.4% APR and a total amount payable of £30,614.00. Payments are based on a duration of agreement of 60 months, with a first monthly payment of £ 471.90, regular monthly payment of £471.90 and a final monthly payment of £472.90.