Terms & Conditions

1. Defined Terms

1. Business Day: a day when we are open for business being a day, other than a Sunday or public holiday in England, when banks in London are open for business, as updated from time to time.
2. Part Exchange Allowance: the agreed value of a Part Exchange Vehicle.
3. Part Exchange Vehicle: a vehicle owned by you, which is used to pay in part for the purchase of a new Vehicle through us.
4. Price: the price for the Vehicle, Workship Service and/or Storage Service payable by you as applicable.
5. Vehicle: a vehicle advertised for sale by us, through our Website, various social media platforms or showrooms.
6. Service: Storage Service or Workshop Service as relevant to the context.
7. Storage Service: storage service provided by us to store your vehicle in one of our storage facilities.
8. Website: www.foskers.com 
9. Workshop Service: services provided by us to make repairs, conduct checks or other services to a vehicle owned by you.
10. A reference to this Agreement includes these terms and conditions, the documents listed in clause 3a) and 3b) of these terms.

2. Where To Find Information About Us

11. You can find everything you need to know about us, and our Vehicles and Services on our Website, in our showrooms or from our sales staff.
12. We also confirm the key information to you before you place an order for a Vehicle or Service from us, either by email or on paper.

3. General

13. These terms and conditions, together with the details set out on the order form or invoice, are intended to contain all the terms of the Agreement between us (the Seller, us, our, we, Company) and you (the Purchaser, you) relating to the sale and purchase of a Vehicle, Storage Service and/or Workshop Service described on the order form or invoice, all of which we shall supply to you in accordance with the terms of this Agreement.
14. The following policies form part of this Agreement:

1. Privacy policy: https://www.foskers.com/privacy-policy 
2. Website terms of use policy: https://www.foskers.com/terms-and-conditions 

15. These terms will generally not be amended, but will be updated from time to time, but if we have agreed specific terms with you, this will be agreed between us in advance of us entering into any legal relationship with you and stated on your order form. If you wish to rely on any amendment or addition to this Agreement you should ensure it is confirmed in writing by one of our duly authorised representatives.

4. We Do Not Give Business Cusomers All The Same Rights As Consumers

16. For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated.
17. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

5. Information To Identify You

18. You must provide us with any information we need from you in order to comply with financial crime or money laundering regulations and legislation, and you guarantee the accuracy of the information supplied.
19. How we use any personal data you give us is set out in our privacy policy: https://www.foskers.com/privacy-policy 

6. We Only Accept Orders When We Have Checked Them

20. We will contact you to confirm we have received your order and completed all of our checks.
21. We also contact you when we have dispatched a Vehicle for shipping to you or commenced or completed a Service for you.

7. Sometimes We Reject Orders

22. We are entitled to refuse your offer of the purchase of a Vehicle, at our sole discretion, including for example, if you do not pass relevant checks required by us to accept your offer.
23. When this happens, we let you know as soon as possible and refund any sums you have paid.

8. Basis Of Agreement

24. A request by you to purchase a Vehicle, engage with us for a Workshop Service or Storage Service constitutes an offer.
25. Your offer will only be deemed to be accepted when we issue written acceptance of the order, at which point and on which date the Agreement between us shall come into existence.
26. The Agreement shall constitute the entire agreement between us. You acknowledge that you have not relied on a statement, promise, representation, assurance or warranty made or given by us on our behalf which is not set out in the Agreement.
27. Advertisements, samples, photographs, drawings, descriptions and similar items issue by us, including any descriptions and illustrations contained on our Website and any materials we produce or use are issued or published for the sole purpose of giving an approximate idea of a Vehicle or Service being described. They shall not form part of the Agreement or have any contractual force.
28. This Agreement applies to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
29. Any estimate provided by us does not constitute an offer, is an estimate, not a quote or fixed price and is only valid for a period of 14 days.

9. Test Drives Of Vehicles

30. When you are looking to purchase a Vehicle from us, we will permit you to attend a test drive.
31. To take a Vehicle on a test drive, you must book an appointment with us in advance and upon attendance, present us with your driver's license. We will retain your driver's license for the duration of the test drive.
32. A member of our team will be in attendance with you during a test drive and will be authorised to permit you to drive a Vehicle at their sole discretion.
33. We do not permit test drives without a member of our team present in a Vehicle with you.
34. Only one individual may attend a test drive with us at a time.
35. We reserve the right to conduct searches and to impose conditions on a test drive as we deem necessary for the safety and security of our staff and Vehicles.

10. Price

36. The Price for the Vehicle, Storage Service and/or Workshop Service will be set out on the order form or invoice, including (where applicable) accessories, vehicle tax, delivery and VAT, current at the relevant time.
37. Please note that you are responsible for all payments in respect of any Vehicle you purchase from the date that title to it passes to you.
38. If the rate or amount of VAT or vehicle tax changes, or there are any tariffs or other taxes imposed, in each case whether between the date of order and the date of delivery or otherwise, you must pay all such sums as notified by us to you and/or current at the date of delivery.

11. Price For Workshop Services

39. An estimate is our considered approximation of the likely cost of the work and/or parts required to complete a Workshop Service, and is valid for 14 days from when we send it to you.
40. Any estimate is based on the published price for the parts involved at the time of the estimate. If the manufacturer or other supplier of the parts changes the published price after the date of the estimate, we will notify you of any consequential increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice within 14 days cancelling this Agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
41. Unless otherwise agreed in writing, if it appears during progress of the Workshop Service that additional work will be necessary or recommended, or if 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 Workshop Service unless you expressly authorise us to do so.
42. If we are unable to supply any accessory or equipment (factory fitted or otherwise), we will contact you and offer at your option either to substitute a reasonable equivalent or to delete the accessory or equipment from your order and adjust the estimate accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory or equipment and you shall not be entitled to cancel the Agreement.
43. If you have left your vehicle with us for an estimate but have not accepted the estimate, or have refused it but have failed to collect your vehicle, within 14 days of the date of the estimate or (if later) the date of cancellation, we may charge you, at our rates in force at the time, for the storage of your vehicle from the end of that period.
44. All estimates are exclusive of any applicable VAT, tariffs or other taxes payable.

12. Price For Storage Services

45. The Price for the Storage Services will be based on our standard quarterly rates which will be notified to you before we enter into the Agreement and will be set out in your order.
46. We reserve the right to update our standard quarterly rates and will notify you with at least one months’ notice if you have an existing Storage Service arrangement in place with us.
47. If you do not accept any updates to our standard quarterly rates, you are entitled to terminate the Agreement with us by giving us one month’s written notice from the date on which we provide you with notice of the change.
48. We will invoice you every one month in arrears for the Storage Services provided to you.
49. You must pay our invoices within 14 days of issuance, in full and cleared funds into the bank account set out in our invoice. Time for payment of our invoices shall be of the essence.
50. All amounts payable by you pursuant to this Agreement are exclusive of VAT for the time being. Where any taxable supply for VAT purposes is made by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as is chargeable on the supply of the Storage Services at the same as payment for the Storage Services.
51. If you fail to make any payment due by the due date for payment, then you shall pay interest on the overdue amount at a rate of 4% per annum above National Westminster Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount whether before or after judgment. You shall pay interest together with the overdue amount.
52. You must pay all amounts due in full, without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may, at any time, without limiting any of our other rights or remedies, set off any amount owing to you against any amount payable by us to you.
53. If any payment due from you is in excess of 90 days in arrears, you hereby authorise us to remove your vehicle from our storage facilities to an external storage facility, or take such steps as are necessary to exercise a lien over it until payment is forthcoming.

13. Payment For The Purchase Of A Vehicle Through A Finance Company

54. For the purchase of a Vehicle, you may arrange for a finance company, whose identity has been agreed in advance by us, to purchase it from us for the Price within 7 Business Days of being notified that it is ready for delivery. The Vehicle will then be delivered to the order of such finance company and all references to delivery of the Vehicle shall be construed accordingly.
55. When a finance company purchases the Vehicle, the provisions of this Agreement relating to the Part Exchange Vehicle (if any) shall continue to apply but we shall account for the Part Exchange Allowance and any deposit paid under this Agreement to the finance company on your behalf.

14. Part Exchange Vehicle

56. If we agree to accept a Part Exchange Vehicle at an agreed value in part payment of the Price, we shall only be bound to do so if the Part Exchange Vehicle is:

1. free from any purchase agreements, charges or other encumbrances (together Encumbrances);
2. delivered to our place of business before we deliver the Vehicle to you; and
3. in the same condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery to us as you have represented it to us or (where applicable) as it was when we examined it before agreeing the Part Exchange Allowance, as recorded by us.

57. If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Vehicle or to allow the Part Exchange Allowance against the Price and you will be required to pay the full Price under this Agreement.
58. If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount you disclosed to us before the date of order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced Part Exchange Allowance and accept the Part Exchange Vehicle.
59. We cannot guarantee the valuation of your Part Exchange Vehicle for longer than 30 days from the date on which you first receive your valuation from us and the valuation of your Part Exchange Vehicle may be revised if your Part Exchange Vehicle has not been sold and delivered to us prior to the end of this 30 day period.

15. Delivery And Payment

60. Unless otherwise agreed, you will collect a Vehicle purchased through us or your vehicle held by us as part of our Storage Service, or serviced by us pursuant to our Workshop Service at the site from which they were ordered, stored or serviced within 7 Business Days of being informed.
61. At the time of ordering a Vehicle, Storage Service and/or Workshop Service, you will be provided with an estimate as to when the vehicle will be available for collection or Storage Service or Workshop Service will be available from.
62. While we endeavour to deliver a Vehicle or complete a Workshop Service by any estimated date, we will not be liable for any claim for compensation of any description arising out of a delay in delivery due to reasons beyond our reasonable control. In the event of such a delay, we will contact you to agree an alternative delivery date.
63. If we fail to deliver a Vehicle or complete a Workshop Service within 42 days of the estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 28 days of receipt of such notice, you may give us notice cancelling the Agreement.

Vehicle Purchase

64. We will inform you when a Vehicle you purchase through us is ready for delivery or collection, and you must pay the Price (less any deposit and/or Part Exchange Allowance) and take delivery within 7 Business Days of being so informed.
65. Unless otherwise agreed by us in writing, all payments must be made by debit card, credit card or by electronic funds transfer to our bank account. If we agree in our absolute discretion to accept any payment by personal cheque, building society cheque or banker's draft, this must be received not less than 7 Business Days before the proposed delivery date in order to ensure that we receive cleared funds before delivery.
66. We do not accept payment in cash (whether by hand or paid into our account over the counter at any bank) over £5,000 whether paid as one payment or as several smaller payments amounting to over £5,000 in the same transaction, or within any 3 month period.
67. If you fail to pay the Price and take delivery within 10 Business Days of being informed that your Vehicle is ready, we may give you notice cancelling the Agreement.
68. You will own the Vehicle from the moment that we confirm that we have completed the appropriate Vehicle registration documents and sent them to DVLA, and we have received payment for the Vehicle. You will be responsible for the Vehicle from this point and will be responsible for ensuring that all taxes and insurance in relation to the Vehicle have been paid and arranged as appropriate.

16. Completing A Workshop Service

69. We will use reasonable endeavours to complete the Workshop Service within any time estimate we give you subject to any delays outside our reasonable control.
70. We shall be entitled to sub-contract all or any part of the work, but will be responsible for the quality of the sub-contractors' work.
71. If for any reason we do not carry out the work in full, we will charge you only for the work actually supplied and parts fitted.
72. We will notify you when the work is complete and your vehicle is ready for collection and (unless you have a credit account with us, in which case you must comply with the terms agreed in relation to the operation of such account) you must pay for the Workshop Service upon collection.
73. We have the right to make changes to the Workshop Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Workshop Services, or which are necessary to complete the Workshop Service or problem that you engaged us for or become apparent to us in the process of completing a Workshop Service to address a different problem or concern.
74. We are entitled to retain your vehicle until you have paid for the work and parts in full.
75. If you fail to pay the full amount due and to collect your vehicle:

1. Within 7 days of being notified that the work is complete and your vehicle is ready for collection, we may charge you, at our rates in force at the time, for the storage of your vehicle from the end of that period;
2. Within 1 month of being notified that the work is complete and/or that your vehicle is ready for collection, we (after giving you 7 days' notice of our intention to do so and if you have not paid the full amount and collected your vehicle before such notice expires) reserve the right to exercise a lien over your vehicle until we receive payment of the amount owing to us (including interest, storage charges and other reasonable costs we may incur in the process).

76. We will retain all parts replaced during any Workshop Service, except for any to be returned under warranty or service exchange arrangements, until your vehicle is collected, and we will be free to dispose of them as we see fit if you do not specifically ask for them when collecting your vehicle.

17. Your Obligations

77. You must communicate and cooperate with us at all times and provide us with information that we may reasonably require in order to complete a Workshop Service and in doing so, must ensure that it is provided to us without unreasonable delay and is accurate.
78. If the performance of any of our obligations pursuant to this Agreement are prevented or delayed by an act or omission by you, or a failure by you to perform any obligation of yours (Customer Default):

1. We shall, without limiting our other rights and remedies, have the right to suspend performance of a Service until you remedy the Customer Default and to rely on the Customer Default to relieve us from performance of any of our obligations to the extent that the Customer Default prevents or delays our performance of any of our obligations pursuant to this Agreement;
2. We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as a result of a Customer Default;
3. You shall reimburse us in written demand for any costs and losses incurred as a direct or indirect result of a Customer Default.

79. You warrant and represent that:

1. You are the full legal and beneficial owner of the vehicle you ask us purchase from you, to provide a Workshop Service to or Storage Service. For the purposes of this clause, you must provide us with documentary proof of ownership upon request;
2. Entering into the Agreement with us will not result in the terms of any agreement with a third party being breached;
3. There are no liens or Encumbrances on your vehicle which would prevent or impact us providing a Service to it.
4. There are no other facts or circumstances which would prevent or prohibit us from providing a Service or would lead to or give rise to any claims from a third party against us.

18. Transfer Of Ownership And Risk

80. The Vehicle will continue to belong to us until the total Price has been paid in full. We will then complete a vehicle registration form to confirm the transfer of ownership (title) of the Vehicle to you and sent it to DVLA.
81. You will, however, be responsible for any loss or damage from when the Vehicle you purchase is delivered to you and should insure it / yourself accordingly.
82. A cheque will not be treated as payment until it has been cleared.
83. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Vehicle.

19. Manufacturer/Importer Warranty

84. The manufacturer’s warranty, if applicable to your Vehicle, is provided directly by the manufacturer. It is additional to your legal rights. The terms and conditions of the manufacturer’s warranty shall apply as described in the information given or made available to you.

20. Liability

85. Except where you are buying as a consumer, and except for fraud, fraudulent misrepresentation or for death or personal injury resulting from our negligence, we limit our liability for any breach of this Agreement to the amount of £100,000 in respect of our Storage Services and the Price in respect of our Workshop Services or a purchase of a Vehicle from us. We expressly exclude the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), all liability in relation to the implied terms of satisfactory quality or fitness for purpose and for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss. For our Storage Services, if you would like us to extend the limit amount by a further £100,000, we would be happy to do so for an additional £335 per annum payable by you. We can increase the limit for £335 per annum for every £100,000 added to the original limit. Such additional amount would be payable by you and will be included in our invoice.
86. We shall under no circumstances whatsoever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement.
87. We shall not under any circumstances be liable to you for loss of or damage to any vehicle (whether direct or indirect), after delivery to you or collection by you, or completion of a Workshop Service or after return of your vehicle to you at the end of a Storage Service. Our record of the condition of a Vehicle or your vehicle as at the date on which it was delivered to us will be final.
88. We shall not be liable for any loss or damage whether or not caused by or contributed directly or indirectly by any act, omission, neglect, fault or other wrongdoing on our part which is not brought to our attention at the point at which a Vehicle is delivered to you or your vehicle is returned to you.
89. All claims for damage must be made in writing at the point of delivery of the Vehicle to you and confirmed to you in writing within 48 hours. To the extent that you do not raise a claim as specified, you shall be deemed to have accepted the Vehicle in the condition it was delivered or collected and we shall be under no liability in relation to the same.
90. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are to the fullest extent permitted by law, excluded from this Agreement.
91. All claims for loss or damages should be made in writing within seven days of delivery or collection. After this period, we shall have no liability to you unless you can provide that it was not reasonably possible for you to raise a claim in time and you did so within a reasonable time of being able to.
92. You should remove any items of value and not related to your vehicle before handing it over to us for any Service or for purchase from you as we will not accept liability for loss or damage to these which is not caused by our negligence.

Workshop Service

93. We will carry out a Workshop Service with reasonable care and skill, and warrant it will remain free of defects in workmanship for a period of 3 months or 3,000 miles, whichever occurs sooner, from the date the Workshop Service is completed.
94. However, this warranty will not apply if your vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by you:

1. failing to inform us promptly of the defect and allowing us promptly to examine your vehicle and endeavour to remedy the defect;
2. misusing or neglecting your vehicle or using or permitting it to be used for racing, rallying or similar sports;
3. failing to comply with instructions from the manufacturer or from us concerning the treatment of, maintenance and care of your vehicle and/or to have it serviced in accordance with the manufacturer's instructions;
4. fitting your vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer, or
5. altering your vehicle, or permitting it to be altered, in any manner which has not been approved by the manufacturer.

95. If the Workshop Service includes 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 Workshop Service but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.

Vehicle sale

96. We will sell a Vehicle with the benefit of the manufacturer's warranty, if available and applicable to the Vehicle being purchased. The manufacturer's warranty is additional to your statutory rights, and is not affected by any change of ownership.
97. Remedial work under the manufacturer's warranty may be carried out by any other dealer in the UK or the EEA authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts.
98. You must observe any instructions for use, cautionary notices and other technical notices and information we supply you upon completing a Workshop Service.
99. Except where you are acting as a consumer, and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this Agreement to the amount you have paid for the Work and/or Vehicle and expressly exclude all liability in relation to the implied terms of satisfactory quality or fitness for purpose and for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
100. We only warrant the roadworthiness of a Vehicle for up to three months or 1,000 miles, whichever occurs sooner.
101. The information we provide you about a Vehicle is information that has been provided to us by the previous owner and basic checks we complete of the Vehicle as noted in this clause. We do not verify the authenticity of documentation, nor its contents. You must do this yourself before deciding to purchase a Vehicle. We recommend that you complete an independent inspection of a Vehicle before you offer to purchase it from us. Once we have accepted your offer to purchase a Vehicle, we will not have any liability to you in respect of the Vehicle other than to ensure title to it is transferred to you upon receipt of payment for it. The only checks we complete on a Vehicle are those to ensure that the engine operates and to check what the numbers on the engine and gearbox are – we offer no warranty as to authenticity or validity of such numbers. We cannot guarantee the performance of any Vehicle or any components of it. As such, you expressly agree to purchase a Vehicle in “as seen and “as is” condition and must conduct your own checks, to your satisfaction.

21. Storage Service

102. You are responsible for ensuring that your vehicle is maintained whilst it is in storage with us. All responsibilities as an owner of a vehicle remain with you. We will only be responsible for storing your Vehicle securely.
103. It will be your sole responsibility to ensure that you notify your insurance company of the location of your vehicle whilst you place it in storage with us. We maintain general insurance for up to £5,000,000. To insure your Vehicle for a higher value, you will be required to pay for such additional cover with your own insurer.
104. You will be solely responsible for any faults or issues that arise or develop whilst we operate your vehicle save for where we have been proved to have been negligent in relation to, or the direct cause of, the fault or issue.
105. You must ensure that your vehicle has the appropriate taxes paid, and MOT and service has not expired. The maintenance of your vehicle whilst in Storage with us remains your responsibility unless we agree otherwise, for example, in respect of arranging a service or MOT. We will only operate your vehicle in accordance with clause 21(g).
106. We will not be responsible for any issues with your vehicle that develop if you do not maintain it whilst it is in Storage with us. You can make a request to us to arrange a service, MOT or Workshop Service whilst your vehicle is in Storage with us – you simply need to contact us and agree the additional items with us.
107. You should remove any items of value and not related to your vehicle as we will not accept liability for loss or damage to these which is not caused by our negligence.
108. We will regularly check your vehicle whilst it is in storage unless we agree otherwise. In order for us to do this, for the safety of our staff, we will only operate your vehicle if it been serviced at its scheduled service time.

22. Set-Off

109. If you owe us money which is outstanding, and we also owe you money, then we have the right to off-set the money you owe us against the money that we owe you, and just pay you the net amount.
110. 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.

23. Notices

111. Any notice given under this Agreement must be in writing and sent by email or by post (we recommend recorded delivery) to the address of our dealership (if a notice to us from you) or to your address (if a notice to you from us) as set out on the order form or invoice and shall be deemed to have been received in due course of post.

24. Cancellation

112. If this Agreement has been completed either without any face to face contact between us and you (or anyone acting on your or our respective behalf) or away from our business premises, and in each such case you are also acting as a consumer, you may give us notice to cancel this Agreement without giving any reason. This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Vehicle.
113. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post or email) to us, contact details for which are set out on your order form or invoice.
114. To meet the cancellation deadline, you should send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
115. After the cancellation period of 14 days, either of us may terminate this Agreement by giving the other party not less than one months’ written notice.
116. In all other circumstances, either of us may terminate this Agreement with immediate effect if:

1. Either of us commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
2. A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party,
3. The other party (being an individual) is the subject of a bankruptcy petition or order; any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to those above.

117. Without limiting our other rights or remedies, we may terminate the Agreement with immediate effect by giving written notice to you if your fail to pay any amount due under this Agreement on the due date for payment and you fail to pay all outstanding amounts within seven days after being notified in writing to do so.
118. We may suspend provision of the Services if you become subject to any of the events listed in this clause or we reasonably believe that you are about to become subject to any of them, or if you fails to pay any amount due on the due date for payment.  

Cancelling a Workshop Service

119. If you request any work to be provided during the 14 day period then you will lose the right to cancel this Agreement.
120. You shall pay us an amount which is in proportion to the work performed until you have communicated to us your cancellation of this Agreement.
121. In the event of cancellation, any parts supplied should be returned to us without undue delay, and in any event not later than 14 days. If this is not possible, then you will be required to pay for it.
122. You are liable for the costs of removing any parts as well as any diminution in value as a result. Due to the nature of any parts supplied, this diminution may be up to 100% of their value.

Cancelling the purchase of a Vehicle

123. If you cancel this Agreement then, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:

1. 14 days after the day on which we receive the Vehicle back; or
2. if earlier, 14 days after the day you provide evidence that you have returned the Vehicle; or
3. if there was no Vehicle supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.

124. We may make a deduction from the reimbursement for loss in value of the Vehicle and costs in transporting the Vehicle back to us.
125. We will make reimbursement using the same means of payment as you have used for the initial transaction, unless we have expressly agreed otherwise.
126. We may withhold reimbursement until we have received the Vehicle back.
127. You should send back the Vehicle or deliver it back to us at the address of the dealership shown on the invoice, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.
128. This deadline is met if you send back the Vehicle before the period of 14 days has expired.
129. We will require that you bear the cost of returning the Vehicle to us. You must take reasonable care of the Vehicle and you will be responsible for any loss or damage from when they are delivered to you until when they are returned to us. You will be responsible for maintaining insurance on the Vehicle until we confirm safe return receipt of it.
130. You are liable for any diminished value of the Vehicle resulting from the handling of the Vehicle other than what is necessary to establish the nature, characteristics and functioning of the Vehicle.
131. The rights of cancellation in this clause do not apply where the Vehicle have been built to your customised specification or have been personalised for you.

Cancelling a Storage Service

132. In the event that you cancel the Agreement more than 7 days prior to the date on which the Storage Service is due to come to an end, we are entitle to recover from you, an amount equal to the number of days in which your vehicle has been in storage with us at our standard quarterly rates per day irrespective of the time at which you collect your vehicle in any given day.
133. In the event that you cancel the Agreement less than 7 days prior to the date on which the Storage Service is due to come to an end, we are entitled to recover the full amount estimated to you for the Storage Service.

25. Cancellation And Part-Exchange Vehicle

134. If we agree to accept the cancellation of the Agreement and return of the Vehicle to us for any reason after you have taken delivery of the Vehicle, and the transaction included a Part Exchange Vehicle, we will at our discretion either pay you the agreed part-exchange value (less sums referred to below) as part of the cancellation settlement or, if reasonably practicable, return the Part-Exchange Vehicle to you.
135. Any cancellation settlement shall reimburse us for any sums we may have incurred to settle any finance or other interests affecting the Part-Exchange Vehicle.
136. In addition, if we agree to return the Part Exchanged Vehicle to you as part of any reimbursement properly due to you, you agree to pay to us all reasonable costs that we may have incurred in relation to the preparation, maintenance, repair or improvement of the Part Exchange Vehicle since taking possession of it from you.

26. Effect Of Cancellation

Vehicle purchase cancellation

137. If we cancel the Agreement, we will refund you any deposit and neither party shall have any further liability to the other party.
138. If you cancel the Agreement, within 7 days of the date of sale of a Vehicle to a third party, we will give you a statement showing the sales price and any additional costs we have incurred in reselling the Vehicle and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sales price and the additional costs of resale).
139. If our loss is greater than your deposit, you must pay us the difference within 7 Business Days.
140. We will provide copies of any receipts if you request them.

Services cancellation

141. On termination of this Agreement for any reason:

1. You shall immediately pay unpaid invoices and interest and in respect of Services supplied but for which an invoice has been submitted, we shall issue an invoice which shall be payable by you immediately upon receipt.
2. We shall deliver your vehicle to you or make it available for you to collect at our storage facility.
3. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the termination date.

142. In the event that we agree for your vehicle to be delivered to you at an agreed location, if you, or a person authorised by you does not take delivery of it within one hour of the collection time, we shall be entitled to return it to our storage facility and the relevant charges and interest shall continue to accrue and be payable by you. The costs incurred by us for any subsequent attempt to deliver it to you will be passed on to you and will be your liability to pay.
143. If you to do not collect your vehicle or we are unable to deliver it owing to a delay or default on your part on the agreed date (if applicable) or the date of termination, we shall be entitled to charge you such penalties as are appropriate and proportionate to the costs being incurred by us in continuing to store your vehicle and communicate with you to arrange delivery or collection of it.

27. Insurance

Vehicle purchase

144. As noted above, from the moment that we confirm that we have completed the appropriate Vehicle registration documents and sent them off to DVLA, and have received payment for the Vehicle, you will be responsible for the Vehicle from this point and will be responsible for ensuring that all taxes and insurance in relation to the Vehicle have been paid and arranged as appropriate.

Services

145. It will be your sole responsibility to ensure that you notify your insurance company of the location of your vehicle whilst you place it in storage with us. You undertake to notify your insurers and ensure that your vehicle is insured against all insurable risks of physical loss and/or damage throughout the duration of the Storage Service being provided to you, to its full replacement value.
146. We hold an insurance policy, which subject to limitations, covers our legal liability to you whilst your vehicle is in storage with us, being repaired, driven to a MOT service location or other necessary location as agreed with you or whilst operating your vehicle to test it. Please note that any faults or issues that occur or develop whilst we operate your vehicle will be your sole risk, cost and liability, save for where we have been proved to have been negligent in relation to, or the direct cause of, the fault or issue.
147. We maintain general insurance for up to £5,000,000.
148. Our transporters are insured with comprehensive insurance which includes goods in transit insurance.

28. Force Majeure

149. A Force Majeure Event means an event beyond the reasonable control of us, including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of our company or ay other party), failure of a utility service or transport network, pandemic, epidemic, act of God, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown or plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
150. We shall not be liable to you as a result of any delay or failure to perform any of our obligations under this Agreement as a result of a Force Majeure Event.
151. If the Force Majeure Event prevents us from providing any of the Services, including the sale of a Vehicle to you, for more than twelve weeks, we shall, without limiting our rights and remedies, have the right to terminate this contract immediately by giving you written notice.

29. Complaints And Disputes

152. If we receive a concern/complaint from you, we will follow our complaints handling procedure.
153. Please discuss your concerns/compliant with the showroom manager. You may do so in person, on the telephone or in writing by email or post. The contact details for this are:

1. Telephone number: +44 (0)1474 874 555
2. Email address: info@foskers.com 
3. Postal address: Unit 5, Brands Hatch Park, Scratchers Lane, Fawkham, Kent, DA3 8PU, United Kingdom.

154. You will be sent an acknowledgement response first by email or post if you raise your concern/compliant in writing.
155. We will then investigate your concerns and revert to you substantively within 2-4 weeks of receiving your concern/complaint.
156. In some cases, we may need more time to respond and if so we will write to you with an update of the situation.
157. If you are not satisfied with the outcome of your concern/complaint then the matter will be escalated to the director(s) of the Company. They will further investigate your concerns and revert to you within 2 weeks of the escalation.
158. Whilst acting as a consumer, if a non-financial services related dispute arises that cannot be resolved between us within a reasonable timescale, you may refer the dispute to the free independent advisory and conciliation service operated by The Motor Ombudsman, the government-backed, self-regulatory body for the motor industry. For details of this service you can call their dedicated Consumer Advice Line on 0843 910 9000, submit an enquiry or complaint via the website www.TheMotorOmbudsman.org.uk or write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN.

30. Personal Data

159. We may use the personal data you give us to tell you about our products and services by post, telephone, SMS or email, for market research purposes and to track sales.
160. Further details on our processing of personal data can be found in our Privacy Policy. You can obtain a copy of our Privacy Notice at our dealerships or online at https://www.foskers.com/privacy-policy.

31. Governing Law And Jurisdiction

161. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.