TERMS & CONDITIONS

  1. TWEAKED AUTOMOTIVE are the suppliers of motor vehicles and the suppliers and fitters of motor vehicle accessories and for the purposes of these Terms and Conditions are referred to as “We”/”Us”/”Our”. All of Our contracts for the Goods and/or Services supplied to You are concluded on the following terms:
  1. DEFINITIONS
  • Contract: this contract between You and Us for the sale and purchase of the Goods in accordance with these Terms;
  • Goods: the Vehicle and any accessories (if any) that We are selling to You, as set out in the Order Form;
  • Order Form: Your order for the Goods/Services;
  • Vehicle: the vehicle(s) which We are selling to You, set out in the Order Form;
  • We, Our and Us: Tweaked Automotive;
  • You and Your: the person or body purchasing the Goods, as set out in the Order Form
  1. CONTRACT

These are the Terms on which We supply the Goods to You (and any allowance in respect of a Used Vehicle is made). Please ensure that You read these Terms carefully, and check that the details on the Order Form and in these Terms are complete and accurate, before You sign the Order Form. If You think that there is a mistake, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.

The Order Form shall only be deemed accepted when We have signed the Order Form, at which point the Contract shall come into existence. Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.

  1. EXAMINATION OF GOODS

The Vehicle shall be supplied as roadworthy at the date of delivery, and shall be supplied subject to any conditions or warranties implied by Sale of Goods Act 1979, and any other applicable statutory provision if You are a consumer. Prior to signing the Order Form You shall examine the Vehicle (if the Vehicle is available for inspection) and sign the Purchasers Certificate of Examination overleaf. You are reminded that the condition of satisfactory quality implied by The Sale of Goods Act 1979 does not operate in relation to any defects which that examination ought to reveal. Should the Vehicle be sold subject to defects notified by Us to You, the condition of merchantable quality does not operate to those defects.

  1. WARRANTY

If the Vehicle and/or any accessories fitted or supplied by Us come with a manufacturer’s warranty (Warranty), we will use Our reasonable endeavours to pass on such Warranty to You. The Warranty is in addition to Your legal rights in relation to the Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with the Contract. Advice about Your legal rights is available from Your local Citizens Advice Bureau or Trading Standards Officer.

  1. ESTIMATED DELIVERY DATE

We will use Our reasonable endeavours to secure delivery of the Goods by the Estimated Delivery Date (if any) as set out in the Order Form, but We do not guarantee the time of delivery. Delivery shall be deemed effective when We inform You that the Goods are available for You to collect.

  1. PAYMENT

The Goods shall remain Our property until You have paid to Us all monies due under this Contract in full (Contract Price). Payment by cheque shall not be treated as discharge by You of your payment obligations until the cheque has been cleared. The proceeds of any Goods resold by You prior to such payment is to be held by You on trust for Us. The Goods will be Your responsibility from when You collect the Goods from Us

  1. RETENTION OF TITLE

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, title to the Goods shall not pass to You until the Contract Price has been paid by You in full. Until such time as title to the Goods passes to Us: (a) You shall keep the Goods properly stored, protected and insured and identified as Our property; and (b) We shall be entitled at any time to require You to deliver up the Goods to Us, and if You fail to do so to enter upon Your premises or any third party premises where the Goods are stored and repossess the Goods; and (c) You shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness the Goods, and if You do so the Contract Price shall immediately become due and payable.

  1. CANCELLATION

Except as provided for in these Terms, no Order which has been accepted by Us may be cancelled by You except with Our written consent and on the terms that You forfeit Your deposit and You indemnify Us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Us as a result of the cancellation.

  1. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an event beyond Our reasonable control.

  1. THIRD PARTY RIGHTS

This Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

  1. GOVERNING LAW

These Terms are governed by the law of England and Wales.