1. My New Car trading is able to offer a car finders service (the "service"). These Terms of Business set out the terms, which apply to this service. 2. In these Terms of Business references to "we" "us" and "our" shall mean My New Car as providers of this service. References to "you" and "your" mean you as the recipient of this service. 3. Your Quote will be set out in a suitability letter if we make a recommendation, which you accept. The suitability letter will form part of these Terms of Business. Our services4. We will advise you on the best place to purchase your new car and carry out any instructions you give us to effect such contracts. 5. There are no restrictions relating to the advice we may give you concerning the types of vehicle you may wish to purchase. Our remuneration6. If it is proposed that we should be remunerated on a fee-paying basis, we will agree its basis in writing with you before carrying out any chargeable work. This fee will included a deposit to hold the Vehicle and cover Administrative fees and services charges. Any fee agreement we may issue to you is deemed to form part of these. Terms of Business7. Unless agreed otherwise (see 6 above), we will derive our income from commission paid to us by the companies with which we place your business. You will receive written details of our commission or remuneration and we shall tell you the amount payable to us. Communicating with you. 8. We will be glad to advise you at any time but, unless specifically requested to do so, we will not carry out a review of any of the quotes that you have already taken out or that we have arranged on your behalf. However, at our discretion and unless we hear from you to the contrary we may telephone you from time to time between the hours of 9am to 9pm without your further prior consent to such contact. 9. We offer independent car buying advice, but occasions can arise where we, or one of our other clients, will have some form of interest in the business that we are transacting for you. If this happens, or we become aware that our interests conflict with your interests, we will inform you in writing and ask for your consent before we carry out your instructions. Quality of service10. If you have any complaint about the advice you receive or a product that you have taken out through us please write to The Complaints Officer, My New Car 21 Salcombe Rd Plymouth PL4 7NE. If, after we have reviewed your complaint, you remain dissatisfied, you have the right to refer your complaint to the Managing Director. Copies of our complaints procedures are available on request. Compensation11. If you make a valid claim against us in respect of the quote we arrange for you, and we are unable to meet our liabilities in full, you may be entitled to a full refund of our finder's service fee. Instructions12. We require our clients to give us instructions in writing. We will accept oral instructions at our discretion, which must be confirmed in writing. We can refuse your instructions at our discretion. 13. Our authority to act on your behalf may only be terminated in writing, at any time, without penalty, by either party and with immediate effect without prejudice to the completion of any transactions initiated prior to receipt of such notice. You shall pay for any transactions initiated prior to termination and a due proportion of any fees applicable. 14. All cheques, documents of title, etc, may be sent by post to your last known address. We will not be responsible for lost documents or any consequences that may arise from any error or failure of the postal system. Your money15. We do not handle money in respect of purchase of your new vehicle. We cannot accept any cheques payable to ourselves, or cash; the only exception relates to fees, as described in 6 above. Personal information16. We will treat all your personal information as private and confidential (even when you are no longer a customer), except where disclosure is made at your request or with your consent or where we are required by law to disclose. We will hold your details for a minimum of 1 year. Delivery17. When you place an order with us we will ask you to choose whether you
wish to have the car delivered to you at an address in mainland Great
Britain either on a car transporter or by a driver of our choice. You will
be advised of the prices for the different methods of delivery.
You can change your chosen delivery method up to 5 working days before
the due delivery date so long as you pay the relevant delivery charges to us
on delivery.
When you ask us to deliver the car to you at an address in mainland
Great Britain it may not be perfectly clean and may have suffered wear and
tear as a result of the journey. You accept that we will not be liable for
such wear and tear unless caused as a direct result of our negligence. Where
one of our drivers has delivered the car to you, the mileage shown on the
odometer of the car will increase from that indicated in any initial order
documentation supplied by us, to reflect the mileage incurred during the
journey.
We will try to deliver the car by the date specified in our confirmation of acceptance of your vehicle contract terms of business, but time will not be of the essence for delivery as you are aware vehicles can have up to 12 Week delays in some circumstances. We will not be liable to you for any delay in delivery or for any loss (including loss of enjoyment, use and profit), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery. Cancellations for late delivery up to 12 weeks are subject to 18.14 Conditions.
You may not take delivery of the car until you have paid the purchase price. Cancellations18.1. The Consumer Protection (Distance Selling) Regulations 2000 provide you with a right to cancel the contract at any time up to the end of the seventh working day beginning with the day after the day on which you receive the car. Working days excludes weekends and bank holidays.
18.2. If you wish to cancel the contract you must write to us care of MNC Group MNC Group, Park House, 21 Salcombe Road, Plymouth, Devon, England PL4 7NE or call and ask for online Cancellations form Phone: 0870 330 8666.
18.3. If the contract is cancelled by you in accordance with these Terms and Conditions after delivery of the vehicle we will give you the option of returning the vehicle to us at our distribution centre or such other location as we notify to you at your expense or permitting us to collect the vehicle from you, in which case we will charge you £350 inc. VAT to meet our direct costs of recovery, in both cases within 10 days of the date of cancellation.
18.4. At the time of return or collection of the car you must provided to us all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the car.
18.5. If you cancel the contract following delivery of the car you must take good care of the car until such time as the car is in our control and agree to such arrangements as are necessary to allow us to collect the car if we so require under Condition 18.3.
18.6. We will return all sums paid by you in relation to the cancelled car less 15% deducted from deposit for admin charges to Conditions 18.3 were applicable, any sums paid to any third parties and any sums which relate to a service which we have already begun to provide at the date before cancellation.
18.7. If we have taken possession of a part-exchange vehicle from you when you cancel the contract we may, subject to Condition 6 and at our option return the part-exchange vehicle to you or pay to you a sum of money equal to the part-exchange valuation.
18.8. If you buy the car from us through a finance company and you cancel the contract, your notice of cancellation will be deemed to cancel the agreement between us and the finance company and the agreement between you and the finance company.
18.9. You will not be entitled to cancel the contract if:
18.10. the car has suffered any damage which was not caused by us unless we decide to accept return of the car and agree an appropriate reduction in the amount of money to be returned to you following cancellation to fairly and adequately compensate us for the cost of repairing the damage to the car and/or any reduction in value of the car;
18.11. you are unable for any reason or refuse to return the car to us or permit us to collect the car in accordance with Condition 18.3;
18.12. the car has been made to your specifications or clearly personalised.
18.13. you fail to take reasonable care of the car, which for the avoidance of doubt includes increasing the mileage shown on the cars odometer by more than 150 miles compared with the reading recorded on the car handover checklist which we will provide to you on delivery of the car.
18.14. 15% of the remuneration is non-refundable to cover the booking fees of the Vehicle contract, administrative cost & services charges. You agree to these terms when signing and returning the Vehicle contract terms of business.
Limitation Of Liability19. Nothing in these Terms and Conditions affects or excludes your statutory rights as a consumer or any other rights which may not be excluded or limited by law. Otherwise all terms implied by law are excluded to the fullest extent permitted.
We will not be liable to you for any loss of profit, of anticipated savings; or of loss of enjoyment, or any other consequential loss.
General20 The contract is personal to you and you may not assign or transfer it to any third party without our prior written consent.
We can transfer our rights under the contract to a third party, but otherwise nothing in these Terms and Conditions gives any person who is not a party to the contract other than MNC Group any benefit or any right to enforce any of the terms of the contract.
Terms and Conditions creates a partnership or agency between us and Jamjar Cars Limited, or authorises either us or MNC Group to act as agent or hold itself out as agent for the other and neither we nor MNC Group have authority to act in the name of, on behalf of, or otherwise to bind the other in any way.
Your order and the formation of the contract are governed by and interpreted in accordance with English law.
The English courts have jurisdiction to hear disputes between us.
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