Discover the full terms and conditions for Perrys’ key promotions, ensuring transparency and fairness.
1. Definitions
1.1. “Agreement” means these terms and conditions along with either the Order Form or Job Card;
1.2. "Goods” means the supply of goods, parts or any other item supplied by Perrys, whether or not in conjunction with the Services;
1.3. “Job Card” means the written instruction for Services to be completed on the specified Vehicle;
1.4. “Order Form” means the order form which specifies the Vehicle to be provided;
1.5. “Perrys” or “We” or “Us” means, dependent on the dealership from which the Services or Goods have been ordered or otherwise purchased from, either Perrys East Midlands Limited or Perrys Motor Sales Limited;
1.6. “Services” means the repair, servicing or other work carried out in relation to a Vehicle;
1.7. “Vehicle” means the vehicle identified in the Job Card or Order Form;
1.8. “You” means You the customer, entering into this Agreement;
2. Your Agreement with Us
2.1. When You sign the Order Form or otherwise authorise Perrys to carry out the Services (i.e. by agreeing to the Job Card), You accept the terms and conditions set out in this Agreement. Please read this Agreement carefully and if there is anything You do not understand, or may not agree with, ask any member of staff at the dealership where You placed the order or contact Perrys on https://www.perrys.co.uk/feedback. If You wish to rely on any amendment or addition to the Agreement, You should ensure it is confirmed in writing by a Perrys duly authorised representatives. If We agree any variation in the Services or Goods to be supplied under the terms of this Agreement, this shall be deemed to be an amendment to the Agreement rather than a new agreement.
2.2. This Agreement is intended to contain all the terms of the agreement between Perrys and You relating to the provision of the Goods and/or the Services.
2.3. You must provide Us with any information We need in order to comply with money laundering legislation and You guarantee the accuracy of the information so supplied.
2.4. Are You a business customer or a consumer? In some areas You will have different rights under these terms depending on whether You are a business or consumer. You are a consumer if:
• You are an individual; and
• You are buying Goods and Services from Us wholly or mainly for Your personal use (not for use in connection with Your trade, business, craft or profession).
2.5. If You are a business customer, this is our entire Agreement with You and along with any relevant Job Card or Order Form these terms constitute the entire Agreement in relation to Your purchase. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Perrys which is not set out in these terms and that You shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
2.6. If You are procuring the supply of Services from Us, the terms set out in Schedule 1 apply in addition to these terms.
2.7. If You are procuring the supply of Goods from Us, the terms set out in Schedule 2 apply in addition to these terms.
GDPR legislation requires Us to have a Data Privacy Notice (see Privacy Policy on our website) which informs You how We process Your data while in our possession. If at any time You wish to opt out of any communication from Us or wish for Your personal details to be amended or deleted from our records, please refer to our Privacy Policy (https://www.perrys.co.uk/privacy-policy) for details of how to get in touch.
3. Ownership and Legal Responsibility
3.1. You will be responsible for any loss or damage from when the Goods are delivered to You and You should insure accordingly.
3.2. Notwithstanding delivery and the passing of risk in the Goods to You, or any other provisions contained herein, the Goods will belong to Perrys until We have received cleared funds to the value of the total purchase price.
3.3. Where a party who, so far as Perrys is aware, has the authority to collect the Vehicle or Goods, collects the same, Perrys shall not be responsible to You for any loss or damage resulting on the grounds that the relevant party had in fact no such authority. This Clause shall apply notwithstanding that delivery may have been made without payment of Perrys account. Further, it shall not be obligatory upon Perrys to seek confirmation of the authority of any party reasonably believed to be then, or to have been at some time, connected with You.
3.4. Until such time as title in the Goods shall pass to You:
3.4.1. You shall hold the Goods as our fiduciary agent and bailee and keep the Goods separate from other goods and properly stored, protected and insured.
3.4.2. You shall not re-sell the Goods nor pledge or charge them by way of security for any indebtedness.
3.4.3. We shall be entitled at any time to require that You deliver up the Goods to Us and, if You fail to do so, to enter onto any premises and re-possess the Goods.
4. Payment
4.1. Where You are a Consumer - Perrys will notify You when the Services are complete and the Vehicle and/or the Goods are ready for collection and (unless You have a credit facility with Us, in which case You must comply with the terms agreed in relation to such credit facility) You must pay for the Services and/or Goods upon collection. All payments must be made by a UK credit/debit card, by bank transfer, or via a finance provider.
4.2. Where You are a Business - Perrys may invoice for any Goods and/or Services at any time after acceptance of Your order. You will pay invoices within 15 days of the date of the invoice (unless You have a credit facility with Perrys, in which case You must comply with the terms agreed in relation to such credit facility). Subject thereto, all payments must be made by a UK credit/debit card, by bank transfer, or via a finance provider.
4.3. We are entitled to retain the Vehicle and/or Goods until You have paid for the Services and/or Goods in full.
4.4. If You fail to pay the full amount due or fail to collect the Vehicle and/or Goods:
• within 7 days of being notified that the Services are complete and/or that the Goods are ready for collection, Perrys may charge You for the storage of the Vehicle and/or the Goods from the end of that period.
• Within 3 months of being notified that the Services are complete and/or that the Goods are ready for collection, Perrys may (after giving You the requisite notice of our intention to do so if You have not paid the full amount due and collected the Vehicle and/or Goods before the notice expires) sell the Vehicle and/or the Goods, deduct the amount owing to Perrys (including statutory interest, storage charges and the costs of sale) and pay the balance to the entitled beneficiary.
4.5. It is always possible that, despite our best efforts, some of the Goods sold may be incorrectly priced, due to typographical, photographic, technical or other errors in pricing information received from Perrys suppliers. Where the correct price of Goods at Your Order Form date is higher than the price stated to You, Perrys will contact You for Your instructions before accepting Your Order Form. Perrys reserve the right to refuse or cancel any orders for Vehicles or Goods listed at an incorrect price, in which case, We may end the Agreement, refund You any sums You have paid and require the return of any Goods provided to You.
4.6. If You are a business customer You must pay all amounts due to Us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5. Accessories
5.1. Any accessories fitted or supplied by Perrys as part of the Goods/Services provided will be covered by any warranty given by the manufacturer/concessionaire of those accessories.
5.2. Perrys will have no liability for any accessory which is fitted by Us but fails to operate in the manner envisaged by, or set out in, any manufacturer user manuals or other documentation.
6. Cancellation
6.1. Cancellation before the Goods are delivered
6.1.1. You can always end the Agreement for supply of Goods before it has been delivered and paid for. You may contact Perrys to end Your Agreement for the Goods at any time before We have delivered them (and provided any associated Services) and You have paid for it, but in some circumstances, We may charge You for doing this, as described below.
6.1.2. What happens if You end the Agreement without a good reason in line with Clause 6.1.1. The Agreement will end immediately, and We may charge You a cancellation cost of up to £500 plus VAT, which represents a real and fair pre-estimate of the costs (including administrative) and/or loss of profit We will incur as a result of Your breaking the Agreement.
6.2. Cancellation because of changes
6.2.1. If You are ending the contract for a reason set out in this Clause 6.2.1 (but not for any reasons covered by Clause 7), the Agreement will end immediately and We will refund You in full for the Vehicle and any Services which have not been provided (or not provided properly). The reasons are:
6.2.1.1. We have told You about an upcoming change to the Vehicle or this Agreement which You do not agree to;
6.2.1.2. We have told You about an error in the price or description of the Vehicle You have ordered, and You do not wish to proceed;
6.2.1.3. there is a risk that supply of the Vehicle may be significantly delayed because of events outside Perrys control; or
6.2.1.4. We have suspended or delayed supply of the Vehicle for technical reasons, or We notify You that We are going to suspend them for technical reasons, in each case for a period of more than 1 month.
6.3. Distance and Off-Premises Sales
6.3.1. If You are a consumer and this Agreement has been concluded:
6.3.1.1. without any face-to-face contact between Us or anyone acting on our respective behalf; or
6.3.1.2. in the simultaneous physical presence of You and Us but in a place which is not the business premises of Us,
You may give notice cancelling this Agreement within 14 days of taking delivery of the Goods. To exercise the right to cancel, You must inform Us in writing of Your decision to cancel the Agreement (e.g. letter sent by post, fax or e-mail).
6.3.2. Your right as a consumer to change Your mind set out in clause 6.3.1 does not apply in respect of:
6.3.2.1. Services, once these have been completed, even if the cancellation period is still running; and
6.3.2.2. any Goods which become mixed inseparably with other items after their delivery. This includes spare parts or accessories that have been fitted to the Vehicle or items such as oil or other fluids.
6.3.3. In the event of a cancellation, You must return the Goods to Us in the same condition and specification as it was delivered. You will be responsible for the direct cost of returning the Vehicle - We may charge for collection at a cost of £1.00 including VAT per mile for the distance recorded between our premises and Your address as shown on a Web-based distance calculator of our choice. You are required to make the car available for collection at a pre-determined date and time within 30 days of the delivery date.
6.3.4. You must ensure that the Vehicle is returned with the same items with which it was sold. This includes (but is not restricted to): service packs, manuals, handbooks, locking wheel nuts, entertainment systems, tools & keys. If You have altered, modified, personalised, or adapted the Vehicle in any way You will have no right of cancellation.
6.3.5. We will make a deduction from the reimbursement if the Goods have suffered any diminished value due to You handling or Using it beyond what is necessary to establish its nature, characteristics and function, i.e. handling or Use beyond what a customer would reasonably undertake when appraising and test-driving a vehicle at a dealership prior to purchase.
6.3.6. On collection the Vehicle must not have travelled more than 10 miles since delivery and must be in the same condition as it was when delivered. You will be responsible for reasonable compensation to reflect any reduction in value caused to the Vehicle after it was delivered to You. This will be recorded at the time of collection and will be valued when the Vehicle arrives at our premises. Excess mileage over the allowed 10 miles will be charged at 50p per mile. Details of these costs will be notified to You and We may either charge You for the same or deduct it from any monies We hold (or both, if necessary).
6.3.7. The V5C registration document must be returned to Perrys as soon as You receive it from DVLA. This forms part of the Goods and no reimbursement will be made until this is received.
6.3.8. Providing the vehicle is returned to Perrys in line with the conditions stated, We will process any reimbursement due within 14 days of the date the Vehicle or V5C registration document (whichever is the later) is received by Us. The reimbursement will be executed in the same way that payment was originally made, less any deduction for diminished value.
6.3.9. If the cancelled Agreement involved a part-exchange vehicle, We may return the part-exchange or pay the agreed part-exchange value to You at our discretion.
6.3.10. If You have committed to a finance agreement, You must inform the finance company immediately of the cancellation in writing. You will be liable for any early termination fees charged by the finance provider. We do our best to avoid such fees, and only apply them if the finance provider charges such a fee.
6.4. Perrys Rights to Cancel the Agreement
6.4.1. We may end the Agreement at any time by writing to You if:
6.4.1.1. You do not make any payment to Us or We are unable to collect payment from You when it is due and You still do not make payment after We have reminded You that payment is due (as set out in clause 4.4);
6.4.1.2. You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Vehicle, for example, in relation to any customisation or specification choices;
6.4.1.3. You fail to take and pay for the Goods within 14 days of notification that the Goods are ready for delivery; or
6.4.2. If We end the Agreement in line with Clause 6.4.1, We will refund any sums paid by You for the Goods but We may retain or charge You a cancellation cost of up to £500 plus VAT which represents a real and fair pre-estimate of the costs (including administrative) and/or loss of profit We will incur as a result of the Agreement being cancelled. This does not prejudice our right to recover from You by way of damages any loss or expense We may incur Because of the cancellation.
7. Problems with the Goods or Services
7.1. How to tell Us about problems. If You have any questions or complaints about the Goods or Services provided under this Agreement, please contact Perrys. You can contact our team at Perrys Head Office, Suite One, 500 Pavilion Drive, Northampton Business Park, Brackmills, Northampton, NN4 7YJ or telephone on 01604 667300 or via our contact page at https://www.perrys.co.uk/feedback.
7.2. Your legal rights. We are under a legal duty to supply vehicles that are in conformity with this Agreement and nothing in this Agreement will affect Your legal rights available to You under the applicable laws. This may include the right to reject, repair or replace the Vehicle. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06.
7.3. Your obligation to return the rejected Vehicle. If available to You and You wish to exercise Your legal rights to reject the Vehicle, You must either return it in person to where You bought them or allow Us to collect it from You.
7.4. Mileage and Condition: If You end the Agreement following 30 days after a Vehicle has been dispatched to or collected by You, You will be responsible for reasonable compensation to reflect any reduction for Use of the Vehicle after it was delivered to You. This will be recorded at the time of collection and will be valued when the Vehicle arrives at our premises. Excess mileage over the allowed 10 miles will be charged at 50p per mile. Details of these costs will be notified to You and We may either charge You for the same or deduct it from any monies We hold (or both, if necessary).
8. Loss, Damage and Liability
8.1. You shall inspect the Vehicle and/or Goods as soon as reasonably practicable following collection or delivery thereof and shall notify Perrys in writing of any claims in respect of damage to or any alleged defect in the Goods and/or Services supplied by Us within 7 days of collection or delivery. If You fail to do so, the Goods and/or Services shall be deemed to be in all respects conforming to this Agreement and free from any defect which would be apparent on reasonable examination, and You shall be seen to have accepted the same.
8.2. Any claim relating to non-delivery of Goods must be notified to Us within 7 days of the date of dispatch shown on the Order Form or Job Card.
8.3. We will not be responsible for any losses suffered by You which are indirect or consequential i.e. where it was not obvious that the loss would be caused and nothing You said to Us before We accepted the Order Form or Job Card meant that We should have expected it (and therefore in law, the loss was unforeseeable).
8.4. We will also not be responsible for any losses which are caused by an event outside of our control (see clause 13 below) or where this was something that could have been avoided by taking reasonable action i.e. following the manufacturers or our instructions in relation to use of and maintenance of the Vehicle.
9. Limitation of Liability if You are a business
9.1. Nothing in these terms shall limit or exclude Perrys liability for:
9.1.1. death or personal injury caused by Perrys negligence, or the negligence of Perrys employees, agents or subcontractors (as applicable);
9.1.2. fraud or fraudulent misrepresentation;
9.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
9.1.4. defective products under the Consumer Protection Act 1987; or
9.1.5. any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
9.2. Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
9.3. Subject to clauses 13.4 and 15.1:
9.3.1. We shall not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between Us; and
9.3.2. Perrys total liability to You for all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by You for Goods and Services under this Agreement.
10. Taxes, Tariffs and Statutory Charges
10.1. In the event of the imposition of any taxes, tariffs or other statutory charges or changes to any such already existing, for example, changes to the rate of value added tax, road fund licence (goods excise duty) or first registration fee charges, between the date of order and the date of delivery of the Goods or completion of the Services, You must pay the amount current at the point of delivery, unless You have already paid in full before the change takes effect.
11. Notices and Jurisdiction
11.1.Any notice provided for in this Agreement must be in writing and be sent by first class post to the residence or place of business of the person to whom it is addressed. It will be assumed that such a notice has been received by the addressee no later than two days after posting.
11.2. Any telephone calls made between You and Us may be recorded and the contents of such conversations used to support this Agreement.
11.3. This Agreement is subject to the laws of England and Wales and the relevant courts of England and Wales will have exclusive jurisdiction in relation to this Agreement.
12. Alternative Dispute Resolution
12.1. We will always attempt to resolve any disputes quickly and efficiently. It is Perrys responsibility to supply You with Goods and Services that meet Your consumer rights. If You have any concerns that We have not met our legal obligations, please contact Us.
12.2. In the event of a complaint, in the first instance please address Your concern to the relevant manager at the relevant branch. If the issue remains unresolved, please contact Perrys Head Office, Suite One, 500 Pavilion Drive, Northampton Business Park, Brackmills, Northampton, NN4 7YJ. Telephone: 01604 667300 or via our contact page at https://www.perrys.co.uk/feedback.
12.3. If You are a consumer and remain dissatisfied with the outcome and explanation provided, We recommend You contact The Motor Ombudsman. The Motor Ombudsman offers a CTSI-certified dispute resolution scheme that Perrys are prepared to engage with through the ADR procedure. For details of this service, You can contact their information line on 0345 241 3008 or visit www.themotorombudsman.org.
13. Force Majeure
13.1. If the supply of any Goods or Services is delayed by an event outside Perrys control, such as manufacturing delays or shipping delays, We will contact You as soon as possible to let You know and do what We can to reduce the delay. As long as We do this, We won't compensate You for the delay, but if the delay is likely to be substantial You can contact Us to end this Agreement and receive a refund for any products You have paid for, but not received as set out in clause 6.2.1.3.
14. Withdrawal of Goods or Services
14.1. We can stop providing any Goods or Services at any time. We will do our best to let You know at least 14 days in advance and We will refund any sums You've paid in advance for products which won't be provided.
The following terms specifically relate to the provision of Goods and Services to business customers.
15. Non-solicitation
15.1. In order to protect our (including our group companies’) legitimate business interests, You covenant with Perrys for Yourself (and for any of Your Group Companies) that You shall not (and shall procure that no member of Your Group shall) (except with the prior written consent of Perrys) either: (a) attempt to solicit or entice away; or (b) solicit or entice away, from the employment or service of Perrys (or any of its Group Companies) the services of any firm, company or person employed or engaged or employed by Perrys or any of its Group Companies who has been engaged in the provision of the Services to You other than by means of a national advertising campaign open to all-comers and not specifically targeted at such staff of Perrys or any of its Group Companies. You agree to be bound by the covenant set out in above during the period where We are providing the Services, and for a period of 12 months after the Services have been provided.
Schedule 1 – Specific Terms relating to the Supply of Services
1. Provision of Services
1.1. You warrant that You own the Vehicle or are duly authorised by the owner to enter into the Agreement for the Services to be completed under these terms. Further, You expressly authorise Us and our servants or agents to use the Vehicle on the highway and elsewhere for all purposes in connection with the Agreement.
1.2. We reserve the right to refuse to carry out any Services to any Vehicle which We consider, in our sole opinion, to be unsafe and/or unroadworthy. Further, We may refuse to carry out any Services which may, in our sole opinion, render the Vehicle unsafe and/or unroadworthy.
1.3. Where We are undertaking Services and identify, in our sole opinion, a need for further essential safety related repair, You will be advised accordingly. Should You decline to authorise such further repair, You will be required to sign the requisite documentation. Should You decline to sign such said requisite documentation, then You will be obliged to arrange transportation of the Vehicle from the relevant Perrys premises at Your own cost.
1.4. We take all reasonable care to ensure that the price of the Services advised to You is correct. However, the price is an estimate based on the labour and materials We foresee at the time of You agreeing to the Job Card. Should any additional work or materials be found necessary in the course of providing the Services, it will be necessary to make an extra charge. We will discuss this with You and, where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted to You.
2. Estimates
2.1. An estimate is Perrys considered approximation of the likely cost of the Services and/or Goods and is valid for 14 days from when it is provided to You.
2.2. Any estimate is based on the published price for the Goods involved at the time of the estimate. Unless otherwise agreed in writing, or otherwise set out in this Agreement, if it appears during progress of the Services that the estimate will be exceeded by more than ten per cent (10%) of the total, We will notify You and will not continue with the Services unless You expressly authorise Us to do so.
2.3. If You have left the Vehicle with Us for an estimate but have not accepted that estimate, or have declined it but failed to collect the Vehicle, within 14 days of the date of the estimate or (if later) the date of cancellation, We may charge You for the storage of the Vehicle from the end of that period.
2.4. Unless otherwise stated, all estimates are exclusive of any applicable Value Added Tax (VAT), tariffs or statutory charges.
3. Completion of Services
3.1. We will Use our best efforts to complete the Services within any time estimate We may have given to You but as set out in Clause 15 We will not be liable for delays due to any matter or cause outside our control, such as a delay with spare parts being received.
3.2. We shall be entitled to sub-contract all or any part of the Services but will be responsible for the quality of the sub-contractor’s work.
3.3. We will require payment in full in advance for all parts and accessories required.
3.4. If for any reason We do not carry out the Services in full, We will charge You only for Goods actually supplied or fitted, and a reasonable amount for any Services actually completed.
3.5. We will retain all parts replaced during any Services, except for any to be returned under warranty or service exchange arrangements, until the Vehicle is collected, and will be free to dispose of them as We see fit unless You specifically ask that they be returned to You when collecting the Vehicle.
3.6. If the Services include painting then, if the metal to be painted is rusted, We will take all reasonable precautions to prevent rust penetrating the paint after completion of the Services but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
3.7. You undertake to remove any items of value not related to the Vehicle as We will not accept any liability for loss or damage to any items which are left in Your Vehicle while the Services are being completed.
3.8. You grant Us permission to remove or disconnect any accessory, part or fixture on the Vehicle (including any onboard camera) which is necessary to complete the Services.
4. Warranty
4.1. We will carry out the Services to the Vehicle with reasonable care and skill and warrant it will remain free of defects in workmanship for a period of 6 months or 7,500 miles, whichever occurs sooner, from the date the Services are completed.
4.2. However, such warranty will not apply if the Vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by Your (a) failing to inform Us promptly of the defect and allowing Us promptly to examine the Vehicle and endeavour to remedy the defect (b) misusing or neglecting the Vehicle or using it or permitting it to be used for racing, rallying or similar sports (c) failing to comply with instructions from the manufacturer or from Us concerning the treatment, maintenance and care of the Vehicle and/or Goods or to have it/them serviced in accordance with the manufacturer’s instructions (d) fitting the Vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer (whether expressly or implicitly), or (e) altering the Vehicle and/or Goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.
Schedule 2 – Specific Terms relating to the Supply of Goods
Dependent on the type of Goods You are buying from Us, certain terms will apply:
1. New Goods
1.1. If the Goods ordered are new goods, the following will apply:
1.1.1. We undertake that the pre-delivery work specified by the manufacturer/concessionaire will be carried out and the Goods will be sold with the benefit of the manufacturer’s or (as appropriate) concessionaire’s warranty. Where You are purchasing as a consumer, such warranty is additional to Your statutory rights, and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the purchase price. Where such is available to Us, We will provide You with a copy of the manufacturer’s warranty terms on delivery.
1.1.2. If, after the Agreement is entered into but before delivery of the Goods to You, the manufacturer’s/concessionaire’s recommended price is altered, then We will give You notice of such alteration and;
1.1.2.1. If the recommended price is increased, You will be informed of the amount it is intended shall be paid by You. If You do not agree, You will have the right to cancel the Agreement within 14 days of receiving notice of the increase and Your deposit will be refunded in full. Should You fail to notify Us that You do not accept the increase within the 14 days, the increased amount will be added to the final amount to be paid by You.
1.1.2.2. If the manufacturer’s/concessionaire’s recommended price is reduced, We will notify You of the reduced price You will be called upon to pay.
1.1.3. If We are unable to deliver the model, specification or Goods ordered because the manufacturer cannot produce or ceases making them, whether before or after the estimated delivery date, We may cancel the Agreement and refund any deposit You have paid in full. This includes models no longer available due to model year changes.
1.1.4. If We are unable to supply any accessory (factory fitted or otherwise) You have ordered as part of the specification, We will contact You and offer either to substitute a reasonable equivalent or to delete the accessory from the Agreement and adjust the purchase price accordingly. Subject to this, You shall have no claim against Us in respect of our failure to supply any accessory and shall not be entitled to cancel the Agreement.
1.1.5. You accept that manufacturers/concessionaires reserve the right to amend the published specification of Goods without notice.
1.2. You must observe the instructions for use, cautionary notices and other technical information and data supplied with any Goods and We will have no liability for Your failure to do so.
2. Used Goods
2.1. Where the Goods supplied under the Agreement are still subject to the manufacturer’s or (as appropriate) concessionaire’s warranty, they will be sold with the benefit of such warranty. Where You are purchasing as a consumer such warranty is additional to Your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the purchase price. Where such is available to Us, We will provide You with a copy of the manufacturer’s warranty terms on delivery.
2.2. You must observe the instructions for use, cautionary notices and other technical information and data supplied with any Goods and We will have no liability for Your failure to do so.
3. Part Exchange Goods
3.1. Where You wish to sell Us goods in part exchange, and their value as agreed with Us is to be taken off the purchase price of the Goods We agree to supply, the following conditions will apply:
3.1.1. that You own the goods to be taken in part exchange absolutely and can transfer ownership to Us, or
3.1.2. that if someone else has an interest in the part exchange goods, You will settle that interest so that We become the absolute owners when We take delivery. However, if You wish Us to clear that interest for You by paying them a sum of money, the allowance for the part exchange goods will be reduced by that amount.
3.2. If We have examined the part exchange goods before entering into this Agreement with You, or You have described the condition of the part exchange goods to Us verbally, the goods shall be delivered to Us in the same condition but allowing for the fair wear and tear which may have occurred in the meantime. If there is any variation in condition, service history or mileage to that previously seen or described, but allowing for additional mileage covered between the Agreement and delivery pro-rata to that already covered at the time of Agreement, We will adjust the price offered for the part exchange to take into account such variations and You will pay Us any additional sum due as a result.
3.3. The price offered for the part exchange remains valid until the date stipulated by Us (this may be detailed on the Order Form). If the part exchange goods are delivered to Us later than any stipulated date, We will revalue the part exchange in line with market conditions and advise You of any change to the amount You may need to pay Us. If this is due to a delay in the delivery of Your new Goods, please refer to clause (4.2).
3.4. The goods to be taken in part exchange shall be delivered to Us no later than the date You take delivery of the Goods You have ordered. Ownership of the Goods ordered will be transferred to You and that of the part exchange to Us when You take delivery of Your order. If You do not deliver the part exchange goods at or by the time the Goods You have ordered are ready for delivery, You may not be able to take the Goods You have ordered and You might be in breach of the Agreement and liable to Us to pay compensation for any losses We may suffer as a result.
3.5. If You choose to sell Us Your part exchange before taking delivery of Your new Goods, title for the part exchange will pass to Us at that point. If You subsequently do not take delivery of the new Goods for any reason, We shall not be obliged to return the part exchange goods to You but may refund You the part exchange allowance offered less any amount We may have paid to settle any interest in the goods as specified in clause (Schedule 2, clause 3.1.2) hereof.
3.6. If You fail to satisfy any of these conditions, We will not be obliged to accept Your goods in part exchange or to make any allowance for it and You might as a result be required to pay the whole purchase price for the Goods You have ordered before You can take delivery.
In addition to the above, the following general terms will apply to the provision of any Goods under this Agreement:
4. Collection / Delivery
4.1. Delivery will take place at the dealership detailed on the Order Form unless otherwise agreed.
4.2. While We will make every effort to deliver the Goods ordered by the estimated delivery date, We will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control. If delay arises in this way, We will contact You to agree an alternative delivery date.
4.3. If We fail to deliver the Goods within 30 days of the estimated delivery date, You may tell Us in writing that You require delivery within seven days from the date of receipt by Us of the notice. If then the Goods are not delivered to You within the seven days, this Agreement may be cancelled and any deposit paid will be returned and neither party will have any further responsibility to the other.
4.4. Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to You at our premises when You collect them.
5. Our Right to Cancellation
5.1. In the event a vehicle is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, We shall have the right to refuse or cancel any orders placed for vehicles listed at the incorrect price or that have already been sold either online or at one of our dealerships;
5.2. Finance is subject to status and terms and conditions apply. Perrys use an extensive panel of carefully selected lenders to assist with the funding of vehicles. There are also other lenders available. On all VAT qualifying commercial vehicles, the VAT is payable upfront with the deposit payment.
5.3. In the event that Your finance application is rejected, We shall have the right to refuse or cancel the order to which the finance application relates.
6. Price Match Promise
6.1. If You see a similar car at a VAT-registered professional motor dealer (excluding any Perrys dealership) either before visiting one of our stores or within 48 hours after purchasing a vehicle from Perrys, and that car is being sold at a lower price, We may match that price, subject to our discretion and the following conditions. This price match promise will not override any other contracts you have with Perrys, nor will it affect your statutory rights.
6.1.1. The alternative vehicle must be the same age (as determined by the year denoted on the vehicle registration number, e.g., “06” plate).
6.1.2. The alternative vehicle must have the same specification as the Perrys vehicle. If there are differences in specification, Perrys may consider these at its discretion, provided the difference does not materially impact the market value of the vehicle at the time of comparison.
6.1.3. The mileage of the alternative vehicle must be the same or lower than the Perrys vehicle. Alternative vehicles with a mileage up to 1,000 miles higher than the Perrys vehicle will be considered the same mileage. The mileage must be warranted.
6.1.4. You must have a written quote from a VAT-registered professional motor dealer, trading as a limited company from permanent premises within a 45-mile radius of the location where the goods were delivered. The quote must be dated within 48 hours either prior to or after your purchase, or a Perrys representative must be able to view the vehicle live on a dealer website. The alternative vehicle must be available for immediate purchase and physically located within 45 miles of the location where the goods were delivered.
6.1.5. The price match does not apply in cases where the comparative vehicle is being offered at a CAP clean price. A CAP clean price is the industry benchmark for used car disposal values and is not a guide for retail pricing.
7. Delivery Mileage
7.1. Where the Goods ordered are new goods and consist of a motor vehicle which is being collected by You from Perrys premises, the mileage at delivery will be generally less than 50miles and will be no more than 100miles. If the Goods being ordered are used goods and consist of a motor vehicle, the mileage at delivery will generally be within 100miles of that shown on the Order Form. If the Goods (either new or used) consist of a motor vehicle and are being delivered to your address, the delivery mileage will be greater by the delivery distance covered.
8. Finance Arrangements
8.1. Credit checks: On applying for a finance or lease product via any of our communication channels, your information will be used initially to conduct a soft credit search. This will not register as a full check on your file and will eliminate any unnecessary checks on your credit profile and allows us to get you an approval in principle with the lender that is best suited to your circumstances.
8.2. If you have applied for a specific type of product, such as Contract Hire, but are unsuccessful for that type of credit line, we will offer other alternatives that may be more suitable to your circumstance as part of the application process.
8.3. Cancellation when you have entered into a finance agreement. if you have entered into a finance agreement to pay for the Goods and/or Vehicle, you will be given a right to change your mind and withdraw from the finance agreement under s66A of the Consumer Credit Act 1974 without giving any reason. The exact terms of the right to withdraw will be set out in the finance agreement itself. If you exercise the right, it will bring the finance agreement with the finance provider to an end. It does not automatically mean that you can pull out of buying the Vehicle but, where applicable, you may be able to rely on your right to cancel in accordance with clause 6.3 above.
8.4. If you wish to cancel in accordance with clause 6.3 above, you must at the same time tell your finance provider that you wish to withdraw from the finance agreement by calling them or writing to them on the contact details provided in the finance agreement.