car-sample
up
Terms and Conditions - Sourcing
line
1. INTERPRETATION
1.1 In these terms and conditions the following words have the following meanings:
1.2 the Buyer: the person(s), firm or company named on the cover sheet who instructs the Agent and subsequently purchases the Vehicle from the Dealership
1.3 the Agent: THE SOURCE LUXURY GROUP, Suite 4 Wey House, 15 Church Street, Weybridge, Surrey KT13 8NA
1.4 Contract: the contract between the Agent and the Buyer for sourcing the Vehicle from the Dealership, on the terms and conditions set out herein incorporating the attached cover sheet and any schedules attached setting out the details of the Services. The signature of the Agent and Buyer on the cover sheet confirms they are duly authorised to enter into the contract and agree to be bound by it
1.5 Dealership: the organisation or business from which the Vehicle is purchased or is ordered by the Buyer
1.6 Service: the services described on the cover sheet agreed to be supplied to the Buyer by the Agent (including any part or parts of thereof and as supplement if required by the schedule or schedules to this Contract)
1.7 Service Fee: the price payable by the Buyer to the Agent for the Service as calculated in terms of clause 8.
1.8 Vehicle: the motor vehicle or a similar vehicle, details of which are set out in the Cover Sheet.
1.9 In these terms and conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.10 In these terms and conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.11 The headings in these terms and conditions shall not affect their interpretation.

2. APPOINTMENT
2.1 The Buyer hereby appoints the Agent as its exclusive agent to provide the Services on the terms of this Contract for which Services the Agent shall be paid the Service Fee by the Buyer and the Agent hereby accepts the appointment on those terms.

3. APPLICATION OF TERMS
3.1 Subject to any variation set out and agreed to in writing the Contract will be on these terms and conditions to the exclusion of all other terms and conditions.
3.2 Each order for Services placed by the Buyer with the Agent shall be deemed to be an offer by the Buyer to purchase Services subject to these terms and conditions.

4. AGENT’S OBLIGATIONS
4.1 The Agent undertakes and agrees with the Buyer at all times during the term of this Contract: (a) To act towards the Buyer conscientiously and in good faith and not to allow its interest to conflict with the duties that it owes to the Buyer under this Contract and the general law. (b) To employ a sufficient number of suitably qualified dedicated personnel if required to ensure the proper fulfilment of the Agent’s obligations under this Contract.

5. LIABILITY
5.1 The Agent accepts no responsibility for the condition of the Vehicle.
5.2 The Buyer agrees that the Agent is not liable in respect of any errors in specification of the Vehicle or for any losses which the Buyer may suffer as a result of any error in specification of the Vehicle.
5.3 The Buyer agrees that the Agent is not a party to the contract between the Buyer and the Dealership for the Vehicle.

6. WITHDRAWAL OF ORDER
6.1 The Buyer will be liable to the Agent for a cancellation fee of £500 or 20% of the Service Fee, whichever is greater: (a) in the event that the Buyer withdraws the order for the Vehicle after the Agent has placed the order on behalf of the Buyer with the Dealership; or (b) in the event that the Buyer terminates this Contract with the Agent.
6.2 The cancellation fee will be due immediately after the order has been withdrawn or immediately after termination of this Contract.

7. SERVICE FEE
7.1 The Service Fee will be agreed up front as specified on the cover sheet.
7.2 If no price is specified the price for the Service shall be calculated as five per cent of the value of the vehicle ordered at the date the order is placed.
7.3 The Service Fee for the Service shall be exclusive of any value added tax which the Buyer will pay in addition when it is due to pay for the Service.

8. PAYMENT
8.1 Payment of the Service Fee for the Service is due immediately after the order for the Vehicle is placed with the Dealership.
8.2 Time for payment shall be of the essence.
8.3 No payment shall be deemed to have been received until the Agent has received cleared funds.
8.4 All payments payable to the Agent under the Contract shall become due immediately upon termination of this Contract despite any other provision.
8.5 The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Agent to the Buyer.
8.6 In the event of non-payment by the Buyer, the party or individual who has signed the Contract will be liable to pay any sums due pursuant to the Contract.
8.7 If the Buyer fails to pay the Agent any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Agent on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Royal Bank of Scotland, accruing on a daily basis until payment is made, whether before or after any judgment. The Agent reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

9. ASSIGNMENT
9.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Agent.
9.2 The Agent may assign the Contract or any part of it to any person, firm or company.

10. FORCE MAJEURE
10.1 The Agent reserves the right cancel the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Agent including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to the Agent to terminate the Contract.

11. GENERAL
11.1 Each right or remedy of the Agent under the Contract is without prejudice to any other right or remedy of the Agent whether under the Contract or not.
11.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unen¬forceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 Failure or delay by the Agent in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.4 Any waiver by the Agent of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
11.5 The parties to this Contract do not intend that any term of this Contract will be enforce able by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

12. COMMUNICATIONS
12.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission or e-mail: (a) (in case of communications to the Agent) to its registered office or such changed address as shall be notified to the Buyer by the Agent, or to the e-mail address set out on the cover sheet; (b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of this Contract, or that is stated on the cover sheet, or such other address as shall be notified to the Agent by the Buyer.
12.2 Communications shall be deemed to have been received:
down
bottom-partreflections