Vehicle Sales, Reservations and After-Sales Terms and Conditions
Trading name: Broad Hinton Motors
Legal entity: Filiz Ltd [08018956]
Business address: 24 Westfield Road Brockworth Gloucestershire GL3 4AR
Email [email protected]
Tel:0179320222978
IMPORTANT: These terms form part of the agreement between Broad Hinton Motors and the customer. Nothing in them removes or restricts a consumer’s statutory rights.
1. About these terms
These terms apply to vehicle enquiries, reservations, holding deposits, vehicle sales, part exchanges, preparation work, collection or delivery, warranties and after-sales matters. The order form, sales invoice, vehicle advert, written disclosures and any signed reservation agreement also form part of the contract. If documents conflict, any individually agreed written term on the signed order form takes priority.“Customer” means the person or business named on the order form. “Vehicle” means the vehicle identified by registration number or VIN. “We”, “us” and “our” mean Filiz Ltd trading as Broad Hinton Motors.
2. Vehicle descriptions and customer checks
We take reasonable care to describe each used vehicle accurately. Used vehicles will show age-related wear and their condition, mileage, history and specification vary. Photographs form part of the general description but may not show every minor mark. The customer should inspect and test-drive the vehicle before purchase and raise any questions before signing the order form. Mileage is stated as displayed and is not guaranteed unless we expressly confirm in writing that it is warranted. Equipment, trim and specifications should be checked by the customer; third-party advertising data may contain errors. Known material defects or vehicle-category status disclosed in the advert, order form or invoice are treated as disclosed before purchase. Nothing in this section permits a false or misleading description or affects the requirement that a consumer vehicle must be of satisfactory quality, fit for purpose and as described, taking account of its age, mileage, price, history and disclosed condition.
3. Holding deposits and reservations
3.1 What the deposit does
A holding deposit reserves the identified vehicle exclusively for the customer for seven (7) calendar days from cleared payment, unless a different deadline is agreed in writing. Once accepted, we will mark the vehicle as reserved, remove or suspend it from sale where reasonably practicable, and may turn away other buyers.The deposit is paid towards the agreed purchase price and is not a general option allowing the customer to continue shopping. A customer cannot reserve the vehicle and then cancel merely because they have changed their mind, found another vehicle, changed their finances, failed to arrange insurance or decided not to proceed for a reason unrelated to the vehicle’s description or our breach.
3.2 Customer cancellation or failure to complete
If the customer cancels, does not attend, does not pay the balance, or fails to collect within the seven-day reservation period, we may cancel the reservation and return the vehicle to sale. We may retain from the deposit an amount that reasonably reflects our actual losses and costs arising from the cancellation, including authorised preparation work, administration, re-advertising and a reasonably evidenced lost-sale opportunity. We will not retain more than is reasonable, and any remaining balance will be refunded. Where the customer expressly asks us to begin vehicle-specific preparation before the sale is completed—such as a fresh MOT, service, repair, cosmetic work, tyres, transport or other agreed work—the customer authorises that work. If the customer later cancels without a legal right to do so, the reasonable cost of work already completed or irreversibly committed may be deducted from the deposit.
3.3 When the deposit will be refunded
Subject to any statutory cancellation right, the deposit will be refunded where:the customer attends within the agreed reservation period, inspects the vehicle and it is materially not as described in the advert, order form or written disclosures;we cannot supply the vehicle, withdraw it from sale, or fail to complete agreed essential work within a reasonable time;a material fact disclosed after payment would reasonably have affected the customer’s decision to reserve; orthe customer has another legal right to a refund.Minor cosmetic imperfections consistent with the vehicle’s age, mileage, price and photographs, or a matter clearly disclosed before the deposit was paid, will not by itself make the vehicle ‘not as described’. If a refund is disputed, both parties should record the alleged difference and supporting evidence.
3.4 Expiry and extensions
If the customer has not completed the purchase by the end of day seven, the reservation automatically expires unless we agree an extension in writing. An extension may include a new completion date and reasonable conditions. Expiry does not automatically mean the whole deposit is forfeited; any retention remains subject to clause 3.2 and applicable law.
3.5 Remote reservations and statutory cancellation rights
Paying a deposit by telephone, online or bank transfer does not by itself determine whether the eventual vehicle sale is a distance contract. Where consumer distance-selling cancellation rights legally apply, those rights take priority over these terms. If the customer expressly requests that reservation or preparation services begin during a statutory cancellation period, the customer may be required to pay a proportionate amount for services properly supplied, where the law permits and the required consent and information have been provided
.
4. Price and payment
The purchase price is the amount on the signed order form or invoice. Unless stated otherwise, it includes VAT where applicable but excludes optional products, delivery, finance charges, insurance and vehicle tax. Cleared funds must be received before the vehicle is released. We may refuse cash or third-party payments and may require identification and source-of-funds checks. Ownership remains with us until we receive full cleared payment. Risk passes to the customer on collection or delivery, subject to the customer’s statutory rights.
5. Finance
Any finance is subject to the lender’s approval and separate terms. A finance application or approval does not automatically reserve the vehicle. If finance is declined, the deposit treatment depends on what was agreed in writing before payment and on clause 3; customers should not pay a deposit unless they can complete using available funds or approved finance.
6. Part exchange
A part-exchange allowance is based on the customer’s accurate description and remains subject to inspection, provenance and finance checks. The customer confirms they own the part-exchange vehicle, may legally sell it, and have disclosed outstanding finance, accident history, warning lights, faults, mileage discrepancies and material modifications. We may revise or withdraw the allowance if the vehicle differs materially from its description or its condition changes before handover.
7. Vehicle preparation, MOT and servicing
Any preparation included in the price will be listed on the order form or invoice. An MOT certificate confirms that the vehicle met the minimum test requirements at the time of the test; it is not a warranty of future condition. A service means the work expressly described and does not necessarily constitute a full manufacturer schedule unless stated.Estimated completion dates are given in good faith and are not guaranteed where delay is caused by parts availability, third-party garages, MOT stations, transport, safety findings or events beyond reasonable control. We will keep the customer informed and complete within a reasonable time.
8. Collection, delivery and delay
The customer must inspect the vehicle at handover, ensure that they are insured and legally entitled to drive, and sign the handover documentation. The customer should report any obvious discrepancy promptly. Reporting at handover helps establish the facts but does not remove statutory rights.If delivery is agreed, the delivery charge, location and estimated date will be written on the order form. The customer must provide safe access and be available to accept delivery. We are not responsible for delay outside our reasonable control, but this does not affect rights where a legal delivery deadline applies.
9. Used-vehicle condition and statutory rights
All retail vehicles are used unless stated otherwise. Wear and durability will be assessed in light of age, mileage, price, history, description and disclosed faults. Consumable or service items can require replacement through normal use; however, describing an item as wear and tear does not override the customer’s legal rights where the vehicle was not of satisfactory quality at delivery.For consumer purchases, the Consumer Rights Act 2015 may provide remedies where the vehicle is not of satisfactory quality, fit for a disclosed purpose or as described. No warranty, inspection report or term in this document replaces those rights.
10. Warranty and roadside assistance
Any warranty or roadside-assistance product is additional to statutory rights and is subject to its own provider terms, exclusions, claim limits, servicing rules and authorisation procedure. The provider—not Broad Hinton Motors—decides claims under a third-party policy. The customer must read the policy documents and contact the provider before authorising covered repairs. All faults and potential warranty claims must be reported to Broad Hinton Motors and, where applicable, the warranty provider before any diagnosis, dismantling or repair. The customer must give us a reasonable opportunity to inspect the vehicle and arrange or authorise the work. We will not be responsible for diagnosis, parts, labour, recovery or other work arranged without our prior knowledge and written authorisation, except where urgent action was reasonably necessary to prevent immediate danger or further damage, or the customer has a legal right to recover the cost. A customer must not commission work and then present us with an invoice expecting payment.
10.1 Tampering, remapping and modifications
The customer must not tamper with, remap, reprogram or modify the engine, ECU, emissions system, mileage, safety systems or other components while seeking warranty or after-sales assistance, unless approved by us in writing. Any post-sale modification must be disclosed when reporting a fault. Unauthorised remapping, tuning, emissions alteration, performance modification, dismantling, attempted repair or interference may invalidate the warranty. A claim may be declined where this caused or contributed to the fault, prevented reliable diagnosis, worsened the damage or breached the warranty conditions.A modification or act of tampering does not automatically remove statutory consumer rights that cannot legally be excluded. However, Broad Hinton Motors is not responsible for a fault, loss or damage caused by the customer, a third party, misuse, unauthorised repair, remapping, modification or continued driving after a warning or fault became apparent.
11. Complaints and fault-reporting procedure
Stop using the vehicle if continued driving may be unsafe or may cause further damage. Contact Broad Hinton Motors promptly using the contact details above, giving the registration, mileage, symptoms, warning lights and relevant photographs or diagnostic information. Report every potential warranty claim before any work, diagnosis, dismantling or repair is undertaken, and obtain written authorisation before incurring costs.Do not erase diagnostic evidence, clear fault codes, remap or modify the vehicle, or authorise repairs before we or the warranty provider have had a reasonable opportunity to respond, unless urgent safety circumstances make this unreasonable.Make the vehicle reasonably available for inspection. Responsibility for transport or recovery will depend on the circumstances and applicable law.We will acknowledge the complaint and aim to propose a fair next step within a reasonable time.
12. Customer data
We use customer information to administer enquiries, reservations, sales, payment checks, DVLA documentation, warranties, after-sales matters and legal or regulatory duties. We may share relevant information with finance companies, warranty providers, garages, recovery firms, DVLA, payment providers and authorities where lawful. Further details should be set out in our privacy notice.
13. Liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, breach of statutory rights, or any liability that cannot legally be excluded. Subject to that, we are not responsible for losses that were not reasonably foreseeable or for business losses arising from a consumer purchase. For a genuine business-to-business sale, any separate trade-sale terms stated on the invoice will apply so far as legally permitted.
14. General terms
If a court finds part of these terms unenforceable, the remaining terms continue to apply. A delay in enforcing a right is not a waiver. Changes must be agreed in writing. These terms and the documents referred to in them contain the agreement between the parties, but do not exclude liability for misrepresentation that cannot legally be excluded.
15. Governing law
These terms are governed by the law of England and Wales. A consumer may bring proceedings in the courts applicable to their home jurisdiction where consumer law permits. The parties should first try to resolve any dispute directly and may use any applicable alternative dispute resolution process.
Customer declaration: I understand that the vehicle is reserved for me and may be removed from sale. I have read clause 3. If I simply change my mind or fail to complete, Broad Hinton Motors may retain a reasonable amount for actual loss and authorised preparation costs. I also understand that faults must be reported before work is carried out and that unauthorised repairs, remapping, modifications or tampering may invalidate warranty cover or affect a claim. My statutory rights are unaffected.
Customer signature: ______________________________ Date: _______________
For Broad Hinton Motors: ___________________________ Date: _______________
Spidersnet