Supply & Purchase Terms

1.1 Agnew Group is the overarching trading term for all the Agnew Group companies. Isaac Agnew (Holdings) Limited which is a company registered in Northern Ireland under company number NI000668 is the parent company for all the Agnew Group companies Our VAT number is [GB610625086]

1.2 The order for sale of a motor vehicle by us (“Agnew”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being signed by an authorised representative of Agnew.

1.3 The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of Agnew) shall constitute the entire contract between the parties.

1.4 Any person who is not a party to the contract may not in their own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.

1.5 These are the terms and conditions on which Agnew supplies the goods detailed on the face of the order form (the “Goods”) to the Customer. Nothing in these terms and conditions is intended to affect, nor will it affect, a consumer’s statutory rights.

2.1 Agnew will use all reasonable endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the reasonable control of Agnew.

2.2 Should delays occur, Agnew will contact the Customer as soon as reasonably possible to let them know and will take reasonable steps to minimise the effect of the delay.

2.3 If the Goods are not delivered within 3 calendar months, the Customer or Agnew may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Agnew shall be under no further liability to the Customer.

2.4 Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer. In the event that no estimated delivery date is given, Agnew will deliver the Goods within 1 month of the Goods being made available to it. The Goods will physically be delivered by Agnew to the Customer only where agreed by Agnew and at the Customer’s cost.

2.5 The Goods may be delivered by Agnew or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.

2.6 Agnew may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market.

2.7 If Agnew is unable to supply any option or accessory, whether factory fitted or otherwise, Agnew may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Agnew to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.

3.1 The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price for the Goods has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of Agnew. Time shall be of the essence for payment.

3.2 Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Agnew at the price payable hereunder. Agnew shall not release the Goods until the Total Retail Price has been discharged in full, including receipt of cleared funds from the said finance company.

4.1 If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery Agnew may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss of expenses which Agnew may have suffered or incurred by reason of the Customer’s default and/or other storage costs and Agnew shall be under no further liability to the Customer.

4.2 Agnew may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).

5.1 In the event that Agnew agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:

(a) if any encumbrances or interests are capable of cash settlement Agnew may elect to discharge such interests and deduct expenditure from the exchange value offered;

(b) the used motor vehicle will be delivered in the same condition as at the date it was examined by Agnew (fair wear and tear excepted);

(c) the used motor vehicle shall be delivered to Agnew upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to Agnew;

(d) title to the motor vehicle shall pass absolutely on delivery to Agnew and the Customer warrants that it is legally entitled to transfer the full unencumbered legal title to Agnew;

(e) the exchange value quoted by Agnew shall be binding on Agnew for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on Agnew when the Goods are ready for delivery, Agnew will give a current figure for the value of such part-exchange at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle provided always that the Customer shall still be obliged to purchase the Goods;

(f) in the event that any of the warranties or declarations provided in respect of the used motor vehicle prove to be untrue or there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowance to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.

6.1 In reserving a vehicle the Customer (“You”) agree to pay a Reservation Fee by Credit or Debit Card which enables us (“Agnew Group” or “Us”) to remove the vehicle from sale to the general public and hold the vehicle for a limited period to allow You to enter into an agreement to buy the vehicle from Us.

6.2 In reserving a vehicle, we will remove the vehicle from sale for a period of 48 hours. Within 48 hours of the Reservation being confirmed as paid, You will have exclusive rights to conclude the purchase and enter into an agreement to purchase the vehicle from Us.

6.3 Reserving the vehicle does not enter You into a contract to purchase the vehicle, You will not be committed to buy the vehicle until You have visited one of our Dealerships, completed and signed a standard Agnew Group Vehicle Order Form and paid a deposit.

6.4 If You have not agreed to purchase the Vehicle within 48 hours of reservation We reserve the right to make the Vehicle available for sale to the general public again and will refund You the Reservation Fee back to the original credit or debit card used to make the initial Reservation.

6.5 The Reservation Fee is not a deposit and shall not constitute a contract for the sale or purchase of a vehicle. However, if You decide to purchase the Vehicle, You agree that we will retain the Reservation Fee as part payment towards the purchase price of the Vehicle.

6.6 If You wish to cancel the Reservation we will refund the Reservation Fee. Refunds may take up to 10 days to appear on your credit or debit card statement.

6.7 We may cancel the reservation for whatever reason whereupon we will refund the Reservation Fee.

6.8 You may only make one Reservation at a time.

6.9 This Agreement will be governed by the laws of Northern Ireland and the parties shall submit to the jurisdiction of the Northern Irish courts.

6.10 Nothing in these terms and conditions will affect or limit the statutory rights of the customer.

Agnew may need certain information from the Customer in order to supply the Goods. Agnew will contact the Customer to ask for this information. If the Customer does not supply this information within a reasonable time of Agnew requesting it, or if incorrect or incomplete information is provided, Agnew may either end the contract or make an additional charge of a reasonable sum to compensate for any additional work that is required as a result. Agnew will not be responsible for supplying the Goods late or failing to supply any part of them if this is caused by the Customer not providing the information within a reasonable time after request.

Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the customer will provide all reasonable assistance to Agnew to facilitate transfer of the registration.

9.1 Where the Goods to be supplied by Agnew are new, then the following additional conditions shall apply:

(a) the Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that Agnew has legally become bound to pay, notwithstanding any amount specified on the order form;

(b) the delivery of the Goods shall be subject to any terms and conditions of the manufacturer/concessionaire regarding the supply or resale of the Goods by Agnew (which are available at Agnew’s premises for inspection) and Agnew shall not be liable for any failure of delay caused by or resulting from Agnew’s compliance with such terms and conditions;

(c) if before delivery of the Goods the manufacturer/concessionaires recommended retail price for the Goods shall be increased Agnew may give notice (“Notice”) of its intention to pass on to the Customer such increase. Upon receipt of such Notice the Customer shall be entitled by notice in writing to Agnew to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Customer shall be returned and Agnew shall be under no further liability to the Customer. If no notice is received by Agnew from the Customer within such period then the Customer shall be bound to purchase the Goods at the increased price;

(d) in the event that the manufacturer is unable to accept the order for the Goods then Agnew may, by notice in writing to the Customer cancel the contract. Upon such cancellation any deposit paid by the Customer shall be returned and Agnew shall be under no further liability to the Customer;

(e) in the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.

10.1 Agnew shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture.

10.2 Any parts which require replacement during the period of the manufacturer’s warranty as a result of wear and tear are excluded from the warranty.

10.3 The manufacturer’s warranty is not affected by any change of ownership of the Goods.

10.4 Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer’s warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer’s warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:

(a) after discovering the defect, the Customer has failed either to inform Agnew or to have the defect examined by a Dealer without reasonable delay;

(b) the Customer has failed to give a Dealer the option to repair the Goods without reasonable delay;

(c) the Goods or any part thereof have been subject to misuse, negligence or accident or use for racing or similar sports;

(d) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;

(e) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;

(f) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to;

(g) in the case of the Goods being a second-hand vehicle, Agnew shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order.

11.1 Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal.

11.2 If Agnew informs the Customer of a defect prior to the signing of the contract the Customer is unable to later claim that the Goods were not of satisfactory quality at the time of purchase because of that fault.

11.3 In the case of the Goods being a second-hand vehicle, the Customer acknowledges that the Goods will be sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage and subject to paintwork and/or bodywork repairs that may have been carried out to it.

The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by Agnew to the contrary. Agnew may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.

13.1 Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.

13.2 Until such times as the property in the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as Agnew’s property. Further, Agnew shall be entitled at any time to require the Customer to deliver up the Goods to Agnew and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

13.3 The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of Agnew, but if the Customer does so all monies owing by the Customer to Agnew shall (without prejudice to any other right or remedy of Agnew) forthwith, become due and payable.

14.1 The Customer’s right to end the contract will depend on what they have bought, whether there is anything wrong with the Goods purchased, how Agnew is performing and at what stage the Customer wishes to end the contract.

14.2 If the Customer is ending the contract for any of the reasons set out at (a) to (e) below, the contract will end immediately, and Agnew will refund the Customer in full for any Goods which have not been provided and the Customer may also be entitled to compensation:

(a) Agnew has not informed the Customer about an upcoming change to the Goods or these terms which the Customer does not agree to;

(b) Agnew has told the Customer about an error in the price or description of the Goods and the Customer does not wish to proceed;

(c) There is a risk that supply of the Goods may be significantly delayed because of events outside Agnew’s control;

(d) Agnew has suspended supply of the Goods for technical reasons, or notify the Customer that it is going to suspend them for technical reasons, in each case for a period of two months;

(e) The Customer has a legal right to end the contract because of something Agnew has done wrong.

14.3 Except as provided by law, or under clauses 2.3, 9.1(c), 14.1 or 15 of these terms and conditions, no order which has been accepted by Agnew may be cancelled by the Customer except with the agreement in writing of Agnew and on terms that the Customer’s deposit shall be forfeited and further that the Customer shall indemnify Agnew 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 Agnew as a result of cancellation

15.1 In certain circumstances a contract for the purchase of Goods may take place by phone or by email (or both). Agnew’s acceptance of the Customer’s order will take place when Agnew emails the Customer to accept it at which point a contract comes into existence between the Customer and Agnew. If the Customer falls under the definition of “consumer” as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and has placed an order for Goods without face to face contact with Agnew, the Customer may cancel the order at any time up to the fourteenth day after collection of the Goods by providing Agnew with a clear written statement of their decision to cancel the order. Upon cancellation any related credit agreement will be cancelled. Upon cancellation the Goods must be immediately returned to Agnew at the Customer’s cost. The Customer must take reasonable care of the Goods and remains liable for the Goods until they are returned to Agnew.

15.2 The cost of delivery (if available) will be made known to the Customer at the time of purchase. Should delivery be available, Agnew will deliver the Goods to the Customer as soon as reasonably possible and in any event within 3 months after the day on which Agnew accepts the Customer’s order for new goods and within 30 days for used goods.

15.3 If the Customer has requested to collect the Goods from Agnew’s premises, they can be collected at any time during Agnew’s normal working hours.

15.4 The Customer will be responsible for the Goods from the time of delivery to the address given by the Customer (or a carrier organised by the Customer) or the Customer collects the Goods.

15.5 If the cancelled contract involves a part-exchange in accordance with clause 5, Agnew will return the allowance or, if possible, the used vehicle to the Customer.

15.6 The Customer shall indemnify Agnew for any loss suffered as a result of alteration, modification or things done to the Goods.

15.7 It should be noted by the Customer that if the Goods are made to the Customer’s specifications or are clearly personalised the Customer will not have the right to cancel the contract in accordance with this clause 15.

15.8 Agnew’s website is solely for promotion of its products in the UK and the images of the products on Agnew’s website are for illustrative purposes only. Although Agnew has made every effort to display the Goods accurately, the Customer’s vehicle may vary slightly from those images.

Except in respect of death or personal injury caused by Agnew’s negligence, or any loss caused by the fraud of Agnew, Agnew shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for (a) any loss or damage incurred by the Customer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if Agnew was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude Agnew’s liability or limit the Customer’s rights in any way that cannot be restricted.

17.1 In the event that:

(a) the Customer is a company and makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation; or

(b) the Customer is a partnership and becomes wound-up or a receiver is appointed or if it enters into an individual voluntary arrangement; or

(c) the Customer is an individual and enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy; or

(d) if Agnew reasonably believes that any of the events mentioned above is about to occur in relation to the Customer or that the Customer will be unable to meet its financial obligations in respect of this agreement; or

(e) if the Customer is in material breach of any obligations under the contract or these terms and conditions; then, without prejudice to any other right or remedy available to Agnew, Agnew shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

17.2 The Customer shall also be entitled to cancel this contract subject to and in accordance with the provisions of clause 17.

The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form overleaf in a representative capacity so that their liability shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.

In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, Agnew has selected Motor Codes Limited as its certified alternative dispute resolution provider should you have any complaint. In the event that any complaint between the Customer and Agnew cannot be satisfactorily resolved, the Customer may refer the matter to The Motor Codes Dispute Resolution Service (please visit www.adr.motorcodes.co.uk). This access to conciliation or arbitration services applies only if the Customer is a consumer and does not apply to businesses or traders.

In the event that the Customer is not a “consumer” (as defined in the Consumer Rights Act 2015) the Customer will be deemed to have satisfied themselves that the Goods are of satisfactory quality, fit for purpose and match the description, sample or model prior to purchase. Agnew makes no warranties or representations to the Customer (statutory or otherwise) in this regard which are, to the fullest extent permitted by law, excluded from this contract. Agnew has no liability to the Customer for any loss of business, business interruption or loss of business opportunity.

Agnew shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.

Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received. In the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

Any waiver by Agnew or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted without the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause

This contract shall be governed by the laws of Northern Ireland and the parties shall submit to the jurisdiction of the Northern Irish courts.