Terms & Conditions

The MotorWorks Rotherham Limited

Terms & Conditions for the Supply and Purchase of Vehicles

1. Contract

(a) An order for the sale of a motor vehicle by The MotorWorks Rotherham Limited ("The MotorWorks") at the agreed price ("Total Retail Price"), including any part-exchange allowance offered by you ("the Customer"), incorporates these terms and conditions and only becomes legally binding once accepted by The MotorWorks.

(b) The order, together with these terms and conditions, forms the entire contract between the parties. Please ensure the contract accurately reflects what has been agreed before completing your order. Any changes agreed by The MotorWorks will be confirmed in writing. The MotorWorks' legal obligation is to supply the goods ("the Goods") as described under the contract terms.

(c) No third party who is not part of this contract may enforce any terms unless the contract is lawfully transferred to them.

2. Delivery

(a) The MotorWorks will provide an estimated delivery date(s), but is not liable for any loss or damage caused by delays beyond its control.

(b) Delivery is deemed to have occurred when The MotorWorks notifies the Customer that the Goods are ready for collection. Physical delivery by The MotorWorks will only occur if agreed and will be at the Customer's expense.

3. Price and Payment

(a) The Customer must pay the Total Retail Price in full with cleared funds before collecting the Goods. Time of payment is essential.

(b) Accepted payment methods include bank transfers and debit cards. Credit card payments are accepted up to a maximum of £500 per vehicle. Cash and bank drafts are not accepted.

(c) Within 7 days of notification that the Goods are ready, the Customer may arrange for a finance company to pay The MotorWorks directly. The Goods will only be released once cleared payment is received from the finance company.

4. Failure to Collect Goods

If the Customer does not collect or pay for the Goods within 14 days after notification of availability, The MotorWorks may either:

  • Store the Goods at the Customer's cost, or
  • Give 7 days' written notice and treat the contract as terminated by the Customer, applying clause 12(b).

5. Part Exchange

If The MotorWorks agrees to accept a used vehicle from the Customer as part payment ("Allowance"), the following apply:

(a) The MotorWorks may settle any outstanding finance or interests on the part-exchange vehicle and deduct those costs from the Allowance.

(b) The part-exchange vehicle must be delivered in substantially the same condition and mileage as when inspected (allowing for fair wear and tear).

(c) The part-exchange vehicle, with all keys, documents (including the full V5 registration document), service records, and warranties, must be handed over when collecting the Goods. If the V5 is unavailable, The MotorWorks may refuse the part-exchange or request a refundable deposit until the V5 is provided. The Customer cannot collect the Goods until the part-exchange vehicle is delivered.

(d) Ownership of the part-exchange vehicle transfers to The MotorWorks on delivery.

(e) If any warranty or declaration by the Customer about the part-exchange vehicle is found to be incorrect or if condition/mileage requirements are breached, The MotorWorks may adjust the Allowance accordingly. The Customer must then pay any difference to ensure the Total Retail Price is met.

6. Cherished Number Plates

Unless specified on the order, personalised or cherished number plates are not guaranteed to be included with the Goods. Both parties will cooperate reasonably to facilitate any registration transfer.

7. Warranty

The MotorWorks will transfer any remaining manufacturer's warranty and any additional used car warranty stated on the order to the Customer.

8. Examination of Goods and Reliance

(a) Before signing the order, the Customer should inspect the Goods (if available). Legal guarantees do not cover defects that an inspection should reveal or defects previously disclosed by The MotorWorks.

(b) The Customer is responsible for ensuring the Goods meet their needs and should not rely on The MotorWorks' expertise regarding fitness for any particular purpose.

(c) Any pre-delivery work agreed will be recorded on the order form.

9. Claims

(a) The Customer retains statutory rights if the Goods are faulty upon delivery, regardless of warranties offered.

(b) The Customer should notify The MotorWorks promptly of any issues to avoid further damage.

(c) The MotorWorks may require the vehicle to be returned for inspection. If not roadworthy or safe, The MotorWorks may arrange collection or off-site inspection.

(d) Refunds require the return of Goods to The MotorWorks' premises; collection may be arranged if necessary.

(e) If a full refund is given and part-exchange was involved, The MotorWorks reserves the right to return the part-exchange vehicle if it remains in the original condition; otherwise, the Allowance will be refunded to the Customer. Any finance settled by The MotorWorks on the part-exchange vehicle will be accounted for, and the Customer must reimburse any excess.

(f) If a dispute is unresolved, the Customer may contact the National Conciliation Service (www.nationalconciliationservice.co.uk or 01788 538317).

(g) If a complaint is pursued unreasonably, the Customer will be liable for The MotorWorks' reasonable costs including legal fees.

10. Sale to Intermediaries or Third Parties

The Customer confirms they are not purchasing as a reseller or intermediary. The MotorWorks may refuse to transfer ownership or cancel contracts where it reasonably suspects resale. Cancellation will be subject to clause 12(b).

11. Retention of Title

(a) Ownership of the Goods remains with The MotorWorks until full payment is received in cleared funds.

(b) Until ownership passes, the Customer must store, protect, insure, and identify the Goods as The MotorWorks' property. The MotorWorks may repossess the Goods if necessary.

(c) The Customer must not sell or use the Goods as security before ownership transfers. Doing so will immediately make all sums owed to The MotorWorks payable.

12. Customer Unauthorised Cancellation or Breach

(a) The Customer may not cancel an accepted order unless expressly agreed by The MotorWorks in writing.

(b) If the Customer cancels without lawful right, fails to collect the Goods, or breaches the contract, The MotorWorks may charge a reasonable administration fee plus damages and storage costs. These may be deducted from deposits paid. If losses exceed deposits, the Customer must pay the balance. The MotorWorks may also retain or return any part-exchange vehicle and adjust Allowances accordingly. Any finance settled on the part-exchange vehicle exceeding its value must be reimbursed by the Customer immediately.

13. LIABILITY

The MotorWorks Rotherham Limited ("The MotorWorks") shall not be liable to the Customer for:

  • (a) losses that were not reasonably foreseeable by both parties at the time the contract was formed;
  • (b) losses that were not caused by any breach on the part of The MotorWorks; and
  • (c) any business losses or losses incurred by non-consumers.

Nothing in this clause shall limit or exclude The MotorWorks' liability or restrict the Customer's legal rights in any way that is prohibited by law.

14. TERMINATION / SUSPENSION

The MotorWorks may, without prejudice to any other rights or remedies, cancel this contract or suspend delivery if:

(a) The MotorWorks reasonably believes that the Customer will be unable to meet their financial obligations under this agreement; or

(b) The Customer is in material breach of the contract and fails to remedy the breach within a reasonable time.

If the contract is terminated by The MotorWorks, they shall be entitled to compensation as set out in clause 12(b).

15. HOME DELIVERY RETURNS POLICY

(a) The Customer has 14 days from the date of delivery to return the vehicle if not satisfied. To initiate the returns process, the Customer must notify The MotorWorks by 5pm on the 14th day after delivery. Returns are subject to the following conditions:

  • The vehicle must be returned in the same condition as delivered, with the Customer liable for any damage incurred during ownership.
  • No modifications or alterations to the vehicle are permitted; if any are made, the vehicle cannot be returned.
  • The vehicle must have no outstanding charges or third-party claims (including finance agreements).
  • The vehicle must not exceed 200 miles from the delivery mileage; any additional miles will be charged at £1 per mile and deducted from the refund.

(b) Refunds will be processed via the original payment method and exclude delivery and collection fees (collection costs mirror delivery costs). Customers may arrange vehicle returns at their own expense.

(c) The vehicle's V5 log book must be returned by recorded delivery. A £500 holdback will be deducted from the refund until The MotorWorks receives the V5, after which the amount will be refunded to the Customer.

(d) If the original purchase involved a part-exchange, the Customer will be refunded the original part-exchange value; part-exchanged vehicles will not be returned to the Customer.

16. DATA

The MotorWorks will process Customer data in compliance with all applicable data protection laws. Data will be used to process orders and payments and, unless the Customer opts out, to provide information about similar products and services. The Customer may unsubscribe from marketing communications at any time by contacting The MotorWorks.

17. NOTICES

Notices may be given in writing, by email, or verbally. Written notices will be sent to the last known address or place of business and are deemed received on the day of email transmission or within two days of posting.

18. WAIVER

Any waiver of a breach by either The MotorWorks or the Customer must be in writing and does not waive any subsequent breaches. Failure to enforce any term at any time does not waive the right to enforce it later.

19. INVALIDITY OF THESE TERMS

If any term is found invalid or unenforceable by a competent authority, the remainder of the terms will remain in effect. The invalid term will be amended as minimally as possible to ensure validity and to reflect the original intent.

20. APPLICABLE LAW

This contract is governed by the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the English courts.