These Terms and Conditions of Supply (“Terms”) will apply to any contract between us for the supply of spare parts, services or repair (“Contract”). Please read these Terms carefully and make sure that you understand them, before placing an order to purchase spare parts, services or repair work from us in relation to your vehicle. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase spare parts, services or repair work from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in Condition 15. Every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21st July 2017.
Your attention is drawn to Condition 9 which sets out your rights as a consumer and Condition 10 which explains the limits on our liability to you.
Please note that if you are not a consumer these Terms will not apply to you and any supply of spare parts, services or repair will be on the terms set out in your contract with us such other contract as we may have entered with you.
These Terms, and any Contract between us, are only valid in the English language.
1. Information about us
1.1 We are John Pease Motor Group (“We”, “Us”, “Our”). Our VAT number is 103 6512 14
1.2 We operate the website www.johnpeasemotorgroup.co.uk (“Site”).
1.3 Contacting us:
(a) To cancel a Contract in accordance with your right to do so as set out in Condition 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to notify us that you wish to cancel by contacting the dealership you are purchasing from (using the notice set out in the Appendix) or contacting our Customer Services team using the contact details on our Site. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send the e-mail to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by contacting the dealership you are purchasing from or by e-mailing us at the email address on our Site.
(c) If we have to contact you or give you notice in writing and we are not able to do so in person in one of our showrooms, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. How the Contract is formed between you and us
2.1 When you advise us that you wish to purchase any spare parts (“Goods”) or servicing and/or repairs (“Services”) from us following our having provided you with a quotation to provide such Goods or Services, you are placing an “Order” with us for the purchase of the Goods and/or Services, subject to these Terms. Please note that any quotations issued remain valid for one month from the date of issue.
2.2 We will confirm that we accept your Order:
(a) for any Services and associated Goods, by printing a job card for signature by you on the day we provide (or start providing) the Services. Please note that any other communication from us, including any verbal communication, is only an acknowledgement and not an acceptance of your Order; and
(b) for Goods only, by verbal confirmation at the time you place your Order or, where we are delivering the Goods to you at a location other than one of our showrooms, when we provide you with a delivery note and invoice,
referred to in each case as the “Order Confirmation”.
2.3 These Terms and Conditions will become binding on you when:
(a) you sign a job card for the Services to be provided;
(b) you make payment of all or any part of the Price to us; or
(c) we commence processing of the Order,
whichever is the earlier, at which point a “Contract” shall come into existence between you and us.
2.4 Any Order placed by you is subject to acceptance by us. We may choose not to accept or to decline your Order for any reason and will not be liable to you or to anyone else in those circumstances.
2.5 If we are unable to provide any Services or Goods, for example because we cannot meet your timescale to perform the Services or, in relation to Goods, because they are no longer in stock, no longer available, or where we are unable for any reason to provide the Services, we will inform you of this and we will not process your Order. If you have already paid the Price, we will refund you the full amount as soon as possible.
3. Price of Goods and Services and any Additional Costs
3.1 The price of the applicable Goods and/or Services will be as quoted to you verbally, or otherwise notified to you in writing in the Order Confirmation (“Price”). We take all reasonable care to ensure that the Price is correct at the time of our Order Confirmation. However please see Condition 3.4 for what happens if we discover an error with the Price.
3.2 The Price does not include any services or goods other than those for which we have quoted and/or which are set out in our Order Confirmation and we will charge you for such additional services and goods in accordance with our then current prices (“Additional Costs”). Any Additional Costs will be charged in addition to the Price at the applicable rates as notified to you when we tell you about the additional services and goods which are required to obtain confirmation from you as to whether or not you wish to proceed.
3.3 The Price and any Additional Costs include VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your Order and the date of collection, we will adjust the VAT you pay, unless you have already paid for the Goods and/or Services in full before the change in VAT takes effect.
3.4 It is possible that, despite our reasonable efforts, the Price or Additional Costs given in our Order Confirmation may change. In the event that the Price or Additional Costs change due to an increase in any third party costs we will notify you as soon as reasonably practicable. If you agree to proceed at the amended Price or Additional Costs we will refund you or charge you the difference between any amount you have paid and the correct Price or Additional Costs. If you do not proceed we will refund you any amount you have already paid within 14 days of your request.
3.5 Where we are required to undertake any Services over and above those set out in our Order Confirmation due to your default including lack or incomplete instructions or as a result of the need for additional work becoming apparent during the course of us providing the Services, we reserve the right to charge you for any such additional Services.
4. Payment
4.1 The price and any additional costs can be paid by either credit or debit card, electronic transfer, or cash and which we have agreed to allow you to use in order to pay the Price and/or any Additional Costs. Please note that we are not able to accept any more than £7,500 in cash and where you make payment in cash of more than £3,000 we will require certain documentary evidence from you to confirm your identity.
4.2 Unless otherwise stated in the Order Confirmation or as set out in Condition 4.3, payment of the Price and any Additional Costs are due when you collect your vehicle or the Goods from our premises (“Due Date”).
4.3 Where any Goods which you are purchasing, or any Goods which we need to purchase to perform the Services, are items which we do not hold in stock, we will charge you a non-refundable deposit in relation to those Goods. The deposit must be paid before we will order the relevant Goods. Please note that this not affect your rights as set out in Condition 9.
4.4 If you do not make payment to us by the Due Date, we may:
(a) not allow you to collect the Goods or your vehicle until we have received payment of the Price and any Additional Costs in cleared funds and charge you for storage and insurance in accordance with Condition 6.5;
(b) charge you interest on the Price at the rate of 2% above the base lending rate of the Bank of England from time to time. Where we charge you interest this shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement; or
(c) where you are purchasing Goods only, terminate the Contract to sell you the Goods immediately in accordance with Condition 11 by giving you written notice.
5. Delivery (Goods)
5.1 Unless stated to the contrary in the Order Confirmation, we will deliver the Goods to the location agreed with you or such other location as we and you may agree as soon as reasonably possible. We will ask you to sign a delivery note to confirm receipt of the Goods.
5.2 If agreed in the Order Confirmation you shall collect the Goods from our service centre at which you placed your Order during its opening hours. In such circumstances, we will contact you once your Goods are ready for collection which will be as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order. We will ask you to sign a delivery note to confirm receipt of the Goods.
5.3 We shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the type and quantity of the Goods and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
5.4 Delivery of the Goods shall be completed on the Goods' arrival at the location agreed with (where we are delivering the Goods) or us handing the Goods over to you at our service centre (where you are collecting the Goods).
5.5 If you do not accept delivery of the Goods or collect the Goods, as appropriate, within 7 days of us attempting to deliver the Goods or, where you are collecting the Goods, us notifying you that they are ready for collection then we shall be entitled to terminate our Contract with you in accordance with Condition 11.1 by giving you 2 days’ written notice of our intention to do so. If we terminate the Contract, we may resell or otherwise dispose of part or all of the Goods.
5.6 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
5.7 Goods will be your responsibility from the time we deliver the Goods to the address you gave us or you (or a third party organised by you) collect them from us.
5.8 You will own the Goods once we have received payment for them in full.
6. Delivery (Services)
6.1 Where we are providing Services, you acknowledge that we are not responsible for any items left by you in your vehicle.
6.2 Unless set out to the contrary in the Order Confirmation, we will deliver your vehicle to you at the service centre where Services have been undertaken and as set out in the Order Confirmation and we will contact you once your vehicle is ready for collection. Where we have replaced any parts you are entitled to see the parts that have been removed if you have told us that you require this at the time of Order. We will own those parts unless you tell us when you Order that you wish to own them.
6.3 Collection of your vehicle shall be completed once you have signed our pro-forma handover note, or other such written confirmation as we may require from time to time, and we have received payment of the Price and any Additional Costs in cleared funds, to confirm your acceptance of the Services.
6.4 If you have notified us in writing or we have agreed in the Order Confirmation that you need to collect your vehicle by a specific date and/or time and we do not have your vehicle ready for collection on that date or at that time, you can give us a new deadline to have your vehicle ready, which must be reasonable, and where applicable we will offer you a reduction in the Price to reflect the delay.
6.5 If you fail to collect your vehicle within 14 days of us notifying you that it is ready for collection then we reserve the right to charge you a reasonable fee for the storage and the insurance of your vehicle until you collect it.
6.6 If you do not collect your vehicle within 90 days of us notifying you that it is ready for collection then we shall be entitled to terminate our Contract with you in accordance with Condition 11.1 by giving you 14 days’ written notice of our intention to do so. If we terminate the Contract, we are entitled to sell your vehicle to recover the cost of the Services. We will write to you to tell you that we are going to do this and will pay to you any amount received for your vehicle less the cost of the Services and any costs incurred by us in selling the vehicle.
7. Your obligations
By entering the Contract with us you agree that you will co-operate with us and provide us with any information we may request in order to perform our obligations under the Contract.
8. Manufacturer’s warranty
The manufacturers of any Goods supplied (whether as a supply of Goods or as part of the Services) warrant that those Goods will be of satisfactory quality for a period of 12 months from the date of the Contract, provided that you have used the Goods reasonably, for private and domestic use only and for their usual purpose. If the Goods are found to be faulty within that period, you can return them to us (at your cost) for, at our option, either a full refund of the Price of the Goods or a replacement.
9. Your rights of cancellation, return and refund
9.1 You can cancel your Contract with us at any point:
(a) before you collect any Goods;
(b) up to a period of 14 days after the Goods come into your possession (or any third party identified by you takes possession of them); or
(c) before we commence performance of the Services,
in each case by contacting us as set out in Condition 1.3 and either using the format set out in the Appendix or by telling us you wish to cancel and including the information outlined in Condition 1.3 and the Appendix.
9.1.a – Return of Parts
Parts correctly supplied and returned for credit will be subject to a 20% minimum handling charge. Items must be of merchantable quality with their packaging intact within 21 days of date of invoice. Special order ( items marked SPO) and electrical parts cannot be returned for credit. NP prefix denotes parts not supplied by Peugeot Motor Company PLC
9.2 Except as set out in Condition 4.3 and/or Condition 9.3 below, where you decide to cancel the Contract we will refund you any part of the Price which you have already paid using the payment method used by you to pay.
9.3 If you have cancelled the Contract in relation to the provision of any Services, you cannot do so once we have completed the Services. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind and cancelled the Contract.
9.4 As a consumer, you also have legal rights in relation to anything which is faulty, not of satisfactory quality or not as described. These legal rights are not affected by your right of return and refund in this Condition 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. After you have purchased the Goods and/or Services, your legal rights entitle you to the following:
(a) up to 30 days after you receive the Goods or collected your vehicle: if they are faulty or not as described you can get an immediate refund or request that the Goods are repaired or replaced or the Services re-performed;
(b) after 30 days following receipt of the Goods or collection of your vehicle and up to 6 months thereafter: if they are faulty or not as described and we are unable to repair or replace the Goods or re-perform the Services then you will be entitled to a refund or Price reduction in most cases;
(c) after 6 months following receipt of the Goods or collection of your vehicle and up to 6 years thereafter: if the Goods and/or Services have not lasted a reasonable length of time you may be entitled to a partial refund provided that the Goods and/or vehicle have been used reasonably, maintained appropriately and has not been the subject of any significant alterations or damage.
9.5 If you wish to exercise your legal rights under Condition 9.4 you should contact us in the ways set out in Condition 1.3 and, where requested by us, must return the Goods and/or your vehicle to us at the showroom which you collected it from at your own cost.
9.6 If you exercise your legal right to reject the Goods and/or Services and ask for a refund we will:
(a) refund you the Price you paid. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods; and
(b) make any refund due to you as soon as possible and in any event within 14 days after the day on which you return the Goods to us and/or .
10. Our liability to you
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 We only supply the Goods and Services for domestic and private use. You agree not to use the Goods or purchase our Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
11. Termination and Consequences
11.1 Without prejudice to any other remedies or rights under the Contract or otherwise, we may terminate the Contract with you at any time by giving you written notice if you:
(a) commit a material breach of any of the Terms, which shall include non-payment of the Price or any Additional Costs, failure to collect any Goods and/or your vehicle within 14 days of us notifying you that they are ready for collection, and (if such breach is remediable), fail to remedy the breach within such time period deemed appropriate by us at the time, of being notified in writing; or
(b) are the subject of a bankruptcy petition or order or we believe it reasonably likely that you will be the subject of a bankruptcy petition or order.
11.2 Upon termination of the Contract for any reason:
(a) if you have made full payment for any Goods we may deliver them to you or alternatively refund you the Price and any Additional Costs at our discretion; or
(b) if you have not made full payment we may keep possession of the Goods and refund you any part of the Price which you have paid less our reasonable administrative costs;
(c) if you have not made full payment in relation to the Services or the part of the Services that have been provided, we are entitled to keep possession of your vehicle and act in accordance with Condition 6.5; and
in each case the accrued rights and remedies of each party as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
12. Dispute Resolution
12.1 If you have any complaints, you can contact us by letter to John Pease Motor Group, Manor Street, Braintree, Essex CM7 3BH.
12.2 Alternative dispute resolution (“ADR”) is a process by which an independent body will consider the facts of a dispute and seek to resolve them without the need for a court. Where we are not able to resolve a complaint you may have, you can find details of the Motor Codes ADR procedure which we use on our Site.
13. How we use your personal data
13.1 We will collect your personal data as part of our Contract with you. We only use your personal data in accordance with the Privacy Policy available on our Site. Please ensure you read the Privacy Policy as it includes important terms which will apply to you.
14. Events outside of our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event or event which is beyond our reasonable control (“Event Outside Our Control”).
14.2 If an Event outside our control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery and/or collection times we will arrange a new delivery or collection time, as appropriate, with you after the Event Outside Our Control is over.
14.3 You may cancel a Contract affected by an Event outside Our control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund any part of the Price which you have already paid.
15. Our right to vary these Terms
15.1 We amend these Terms from time to time. We state at the beginning of the Terms when they were last updated. Every time you place an Order with us, the Terms in force at the time of your Order will apply to the Contract between you and us.
15.2 We may revise these Terms as they apply to your Order from time to time to reflect any changes in relevant laws and regulatory requirements.
15.3 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will refund any part of the Price which you have already paid.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 Where we refer to “in writing” in these Terms, this includes email.
16.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.5 Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of a vehicle and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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