Subject to the provisions of this document, in accordance with the provisions of section 55 of the Sale of Goods Acts, 1883 and 1980, please be aware that nothing in this document is intended to prejudice or affect the customer's statutory rights under sections 12, 13, 14 and 15 of the above Acts. In order to make these Terms and Conditions easier to understand, we refer to the customer throughout as "you", the vehicle plus all equipment and accessories as the vehicle" and the vehicle being traded in as "the trade-in".
Nothing in this document, or any other document, shall affect your statutory rights under the Sale of Goods Acts, 1893 and 1980.
1. ACCEPTANCE BY THE DEALER: This order and any trade-in allowance offered to you will not bind the dealer until this Order Form is signed by the dealer or on his behalf by a duly authorised person.
2. DEPOSIT: Please note that if the dealer cancels the contract in accordance with 3(b), 3(c), 7(a), 7(b) or 9 below, any deposit paid by you shall be returned to you without further liability to the dealer. In the event that you cancel the contract under Clause 4 below, the deposit will be retained by the dealer.
3. DELIVERY BY THE DEALER: The dealer will attempt to ensure that the estimated delivery date is adhered to but does not guarantee the time of delivery and therefore will not be liable for any damages or claim of any kind resulting from a delay in delivery. The dealer is not obliged to fulfil orders in the sequence in which they are placed.
If the dealer fails to deliver the vehicle within 30 days of the estimated date of delivery, you may make a request to the dealer in writing that the vehicle be delivered to you within 14 days of the dealer having received the written request. If the vehicle is not delivered to you within those 14 days the contract may be cancelled at your request and the deposit returned to you leaving the dealer with no further liability.
If the dealer is unable to deliver the vehicle for reasons beyond his control within three months of the estimated delivery date, the dealer is free to inform you of the cancellation of the contract in writing and return the deposit to you leaving the dealer no longer liable.
4. ACCEPTANCE BY YOU: If the dealer informs you in writing that the vehicle ordered is available for delivery and you do not accept delivery of and pay for the vehicle within 14 days of the sending of this written notice, the dealer is then free to assume that you have rejected the contract. Therefore your deposit will be lost without taking away the dealer's right to seek damages from you for any expense which the dealer may have incurred due to your rejection of the contract. Written notice will be sent by pre-paid registered mail addressed to your last known address.
5. CONDITIONS AND WARRANTIES: If you are a consumer as defined by the Sale of Goods and Supply of Services Act, 1980, the vehicle is sold subject to any conditions and warranties implied by the Sale of Goods Acts, 1893 and 1980. If the vehicle is available for inspection, before signing the Order Form, you should examine the vehicle and in the case of a used vehicle the items outlined in the Customer's Certificate of Examination. You are reminded that any defect apparent upon examination or notified to you by the dealer upon examination is not subject to the condition of merchantable quality implied by Section 14(2) of the Sale of Goods Act, 1893 as substituted by the Sale of Goods and Supply of Services Act, 1980.
All statements, representations, conditions or warranties regarding the quality of the goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby excluded subject to Section 55 of the Sale of Goods Act, 1893 as amended except in the circumstance where the customer deals as a consumer within the meaning of the Act of 1980 or any amendment thereof.
6. GUARANTEES: While the dealer will attempt to secure for you a guarantee issued by a manufacturer, supplier or other third party and to be carried out by the dealer, in respect of the vehicle, it is agreed that the dealer will not liable in respect of adherence to the terms of the guarantee. In the case of any guarantee delivered by the dealer in respect of the vehicle, whether or not issued by a manufacturer, supplier or other third party, you will comply with the terms of any such guarantee and in particular will have the vehicle serviced and maintained according to the requirements outlined in the guarantee.
7. PRICE CHANGES: If after the date of this Order, the manufacturer's or distributor's recommended retail price of the vehicle is altered, then: If the recommended retail price is increased, the dealer will inform you in writing. Then you may 1) agree to pay the dealer the increase in the retail price or 2) inform the dealer within 14 days after having received the notice that you do not wish to do so, in which case the dealer will be entitled to cancel this contract by notice in writing to you and any deposit paid by you will be returned to you. This notice of cancellation will be sent by pre-paid registered post addressed to your last known address.
If the recommended retail price is reduced before delivery of the vehicle to you, the dealer will inform you. Then either party will have the option of giving written notice of cancellation of the contract to the other and the deposit will be returned to you.
8. TRADE-IN: Any trade-in put towards the purchase price of the vehicle sold to you will be equipped and in the same condition (reasonable wear and tear only accepted) at the time of delivery for acceptance by the dealer as it was at the time of examination by the dealer. The trade-in must be your absolute property and free from all encumbrances (eg financing, other forms of security etc.) and problems/difficulties except those specifically brought to the attention of the dealer and noted on the pages attached.
Once the dealer has informed you that the vehicle being sold to you is ready for delivery, the trade-in must then be delivered by you to the dealer no later than 14 days from this notification. The foregoing is provided that sub-clause (a) of this clause has been complied with and the trade-in has been accepted by the dealer.
If the dealer is unable through reasons beyond his control to deliver the vehicle being sold to you within 30 days of the estimated day of delivery the dealer may decide from time to time to vary the amount of the allowance offered to you in respect of the trade-in. Within 7 days of receipt of notification from the dealer of a change in the trade-in allowance, you may choose to cancel the contract in which case the deposit will be returned to you and the dealer will have no further liability.
If the trade-in is subject to any outstanding sums due to a finance company, the customer shall agree to discharge all of the outstanding liability to the finance company prior to delivery by the customer of the trade-in to the dealer.
9. CANCELLATION OF CONTRACT: If this contract is cancelled in keeping with any of its requirements (other than the requirements of Clause 4), the dealer will return the deposit and any used vehicle which has been taken as a trade-in; if the trade-in has already been accepted by the dealer and sold on before the cancellation of the contract, the dealer will pay you a figure in respect of the price the trade-in was sold for less the cost of repairs or servicing which were carried out on the trade-in before it was sold on by the dealer.
10. INSURANCE: The dealer does not guarantee and is not responsible for the provision of insurance cover of any kind for the vehicle described on this form despite that the dealer might have assisted in arranging this cover.
11. NOTICES: Except as otherwise provided for on this form, any notice must be in writing and sent by post or otherwise delivered to the residence or place of business of the person to whom it is addressed and if sent by post, it will be assumed that it has been received in due course of post.
12. CONDITION OF VEHICLE: In the case of a dispute arising between the dealer and the customer regarding the condition or state of repair of the vehicle, the dealer will be afforded a reasonable opportunity to repair the vehicle before any reference to the SIMI investigation and Complaints Service or to arbitration or the Small Claims Court as provided by clause 13.
13. DISPUTES:
If the customer has a complaint or any other dispute or difference to any kind whatsoever which arises or occurs between the customer and dealer in relation to the vehicle (whether or not the vehicle has been acquired with the benefit of finance) the customer shall refer the complaint:
• To the SIMI Investigation and Complaints Service for mediation and, if necessary, to the SIMI Retail Motor Industry Standards Tribunal whose recommendations are binding on SIMI member companies but not on the customer (see note 1 below).
• To the Chartered Institute of Arbitrators (Irish Branch) for arbitration under their Arbitration Rules. An award in such arbitration shall be a condition precendent to any legal proceedings in any court against the dealer in respect of the dispute.
Or alternatively: 1. Note: The SIMI investigation and Complaints Service and the services of the SIMI Retail Motor Industry Standards Tribunal are provided free of charge. Complaints relating to new vehicles under manufactures warranty are outside the scope of these SIMI services. Such complaints may, if the customer wishes, be referred directly to the Vehicle Importer I Distributor.
14. RESERVATION OF TITLE: Where the method of payment is by way of a trade-in and/or a negotiable instrument (e.g. a cheque) ownership of, and title to, the vehicle will remain with the dealer until the purchase price has been completely paid, at which stage it will then pass to you.
15. PURCHASE OF GOODS BY FINANCE COMPANY: With the dealer's consent within seven days of notification that the goods are ready for delivery, the customer is free to arrange for a finance company to purchase the vehicle from the dealer at the price payable for the vehicle described on the form. Any trade-in for which an allowance has been made to the customer will be deemed to have been bought by the dealer at a price equal to the allowance, subject to the conditions outlined in clause 7 above, and the dealer will be responsible to the finance company on the customer's behalf for the purchase price and any deposit paid by the customer under this contract. Notwithstanding that the finance company shall have paid the purchase price or part thereof and the title to the vehicle shall have passed to the finance house on such purchase. It is agreed between the customer and dealer that the provisions of clause 13 thereof shall remain in force.
16. Where applicable these terms and conditions shall apply to the related contract recorded on the Used Vehicle Purchase Invoice/Settlement Voucher attached.
As a member of The Society of Irish Motor Industry (SIMI), we are committed to operating to the highest standards. Should you be unhappy with any aspect of our dealings with you, please make contact with us directly, through one of our senior managers. In the unlikely event that you are not satisfied even following direct contact, The Society of Irish Motor Industry operates a free customer complaints service, telephone: 01 6761690, fax: 01 6619213, email: standards@simi.ie. Unresolved complaints can be referred to the SIMI Retail Motor Industry Standards Tribunal for a decision, which is binding on member companies, but not binding on you. This does not affect your statutory rights.
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