Terms and Conditions
In the case where a purchaser deals as a consumer within the
meaning
of the Sale of Goods and Supply of Services Act, 1980 (the "1980 Act")
nothing herein is intended nor will it affect or prejudice the
contractual rights which such a purchaser enjoys by virtue of Sections
12-15
(inclusive) of the Sale of Goods Act, 1893 as amended (the "1893 Act")
and where dealing otherwise than as consumer within the meaning of the
1980 Act all terms implied by the 1893 Act and the 1980 Act are hereby
excluded.
Before buying any vehicle it is important that these terms and
conditions be read.
All parties agree to accept these terms and conditions as binding
on
them and all vehicles are sold subject thereto unless otherwise
expressly agreed in writing by Benchmark Fleet Services Limited (the
"Broker").
All parties agree that the Broker acts as agent only in the sale of
any
vehicle whether New or Used. To avoid any confusion, all contracts of
sale should identify and refer to the "Purchaser" and subsequent
"Registered Owner" as the end user as nominated by the Broker and not
the Broker itself regardless of payment methods employed.
All parties agree to accept these terms and conditions as binding
on
them and all vehicles are sold subject thereto unless otherwise
expressly agreed in writing by Benchmark Fleet Services Limited (the
"Broker").
No vehicle shall be deemed to have been accepted as sold by the
Broker
unless and until the party selling the vehicle (the "Vendor") shall
have first agreed to the following conditions:
(i)The Broker acts in the sale of the vehicle as agent only and is not
responsible for any default by either the customer (the "Purchaser") or
the Vendor. The Broker shall not be liable in any way whatsoever
regarding such a contract and the Vendor and the Purchaser shall have
no rights of action except as against each other concerning any matter
arising from the sale of or legal ownership in the said vehicle.
(ii)The Broker reserves the right to refuse to accommodate any vehicle
on its website. The Broker (unless otherwise expressly announced) gives
no warranty as to the Vendor's title or right to sell, each entry being
accepted in good faith and without knowledge as to any defect in the
Vendor's title.
(iii)All vehicles are offered in their condition at time of sale and in
the location of sale. No express or implied warranties or
representations are given by the Broker whether as agents or otherwise
as to the condition, mileage or description of the vehicle
notwithstanding the grading of any vehicle or description in any
published catalogue, advertisement or window displays. The Broker does
not guarantee the odometer or clock reading on any vehicle. No
representation is made as to the past use of any vehicle.
(iv)Where the Broker elects to provide engineer reports, the Purchaser
is aware that these reports are to be used only as a guide to assist in
assessing vehicles. The Purchaser acknowledges that no warranty is
expressed or implied and no representation has been made or relied
upon. The final responsibility for assessing the condition of any
vehicle rests with the purchaser prior to the completion of the purchase
agreement.
(v)If any warranty or representation shall be found to have been made
inadvertently and in good faith, by the Broker arising solely and
exclusively from announcement based on information provided by the
Vendor and/or stated by the Vendor on it's website then such warranty
or representation shall be deemed to be a warranty or representation by
the Vendor who shall at all times indemnify the Broker from and against
any liability therefore whatsoever and howsoever arising provided
always that the Vendor hereby agrees and confirms that the Purchaser
shall have the right to rescind the contract for sale of the vehicle if
it has been materially misrepresented by reason of its condition, age
or, in the case of a vehicle sold with a warranty, as to its mechanical
condition, by it having an undisclosed major mechanical defect, but
only if the Purchaser gives notice of the same to the Broker and
returns the vehicle to the place of purchase within one week of the
conclusion of the sale and subject to the opinion of the Vendor's
engineer as to such matters which shall be conclusive and binding on
both parties.
(vi)The Purchaser must be satisfied as to the actual condition of its
vehicle prior to purchase. By the act of purchase the Purchaser shall
be deemed to have inspected the vehicle purchased and to have accepted
the vehicle in its then condition in all respects including all its
faults and defects of whatever nature (if any). Any express or implied
condition or warranty whether arising by custom, common law or by reason
of the provisions of any statute with regard to the description of
suitability or fitness for purpose, merchantable quality or road
worthiness of the vehicle is expressly excluded.
(vii)The Vendor agrees that, at the sole discretion of the Broker, the
Purchaser shall on the day of the sale pay to the Broker the full
purchase price or 10% provided the same is not less than Euro500.00 of
the purchase price the balance to be paid within [48] hours of the
sale.
(Viii)The Broker shall not be liable to pay the Vendor until payment is
received from the Purchaser in full and if the Purchaser fails to make
such payment the Broker reserves the right to rescind the contract on
behalf of the Vendor but without any prejudice to any claim that the
Vendor may have against the Purchaser for damages otherwise.
(ix)Property in a vehicle shall not pass to the Purchaser until the
Purchaser has made payment in full for such vehicle. Payment by cheque
is not made until clearance of the cheque. The Broker reserves the
right to forbid the removal from its premises of any vehicles purchased
until the above conditions have been met. Vehicles which have not been
paid for in full may at any time be repossessed by or on behalf of the
Vendor or the Broker and representatives of the Vendor or the Broker may
at any time go into any premises where the vehicles are present for the
purpose of effecting repossession.
(x)Where any vehicle being offered for sale is in such a condition as
to make unlawful its use upon the road or in respect of which there is
a defect which at the time of sale would render the said vehicle a
danger to the public including persons traveling in such vehicle there
shall be deemed to be incorporated into the contract between the Vendor
and the Purchaser a term that the vehicle will not be used and is not
intended for use in the condition in which it is sold to the Purchaser
together with an undertaking on the part of the Purchaser that the
vehicle will not be used on the road or in any way in contravention of
the requirements in these or in any other respects imposed by the Road
Traffic Acts 1961 and 1968 and the regulations and bye laws made there
under or otherwise by law, and that the Purchaser should satisfy
himself in regard to such matters prior to removal of the vehicle from
the Vendors' premises.
(xi)In respect of any notices required to be sent in accordance with
the terms and conditions herein the same shall be in writing and may be
deemed to have been received if delivered or sent by electronic mail to
the last known e-mail address of the person to whom it is addressed.
(xii)These terms and conditions of business shall be deemed or be
incorporated into all contracts of sale effected by the Broker whether
by way of public sale or private treaty.
(xii)The Vendor warrants to the Broker that good title to the vehicle
concerned will pass directly to the Purchaser and in the case of a new
vehicle, the principle contract of sale shall recognize the registered
owner as the Purchaser.
(xiv)The Broker reserves the right to add additional conditions of sale
to any sale it conducts. It also reserves the right to modify or
withdraw any of the above conditions. In such circumstances, additions,
modifications or withdrawals will be announced at the commencement of
the sale or any time during the sales process.
For specific queries on a new or used car, please feel free to contact the dedicated sales team at 01-8839238. |
