Purchasing Terms and
Conditions
1 Definitions
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“BCARS” |
BCA Remarketing Solutions Limited (company number 04394828), having its registered office at Form 2, 18 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9XA; |
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“Conditions” |
these terms and conditions; |
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“Current Driver” |
the current employee of the Customer who is in possession of the Vehicle; |
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“Customer” |
the corporate customer who has a contractual relationship with Zenith in relation to the Vehicle; |
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“Lease” |
a leasing arrangement in place between the Current Driver and Zenith in relation to the Vehicle; |
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“Purchase Date” |
unless otherwise agreed in writing by BCARS, the purchase date shall be the contract termination date set out in the Vehicle Purchase Order; |
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“Purchase Price” |
the price quoted for the purchase of the Vehicle, as specified in the Offer Document; |
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“Purchaser” |
the purchaser of the Vehicle, as specified in the Offer Document, which may or may not be the Current Driver; |
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“Offer Document” |
the letter sent to the Purchaser by BCARS providing a formal quote and enclosing the Vehicle Purchase Order; |
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“Vehicle” |
the vehicle as described in the Offer Document; |
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“Vehicle Purchase Order” |
the end of contract vehicle purchase order document provided by BCARS to the Purchaser as part of the Offer Document; and |
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“Zenith” |
Zenith Remarketing Limited (company number 07580101), having its registered office at Number One, Great Exhibition Way, Kirkstall Forge, Leeds LS5 3BF. |
2 Agreement
2.1 The Lease is coming to an end and the Purchaser wishes to purchase the Vehicle on the terms of these Conditions.
2.2 BCARS are appointed as agent for Zenith for the purposes of facilitating the purchase of the Vehicle.
2.3 These Conditions and the Vehicle Purchase Order form the full written agreement between Zenith and the Purchaser.
2.4 Anything not written down shall not be included within these Conditions. The Purchaser should ensure that these Conditions and other associated documents as defined within are read and understood.
2.5 To proceed with the purchase of the Vehicle:
2.5.1 the Vehicle Purchase Order must be completed by the Purchaser and returned to BCARS;
2.5.2 payment must be made in accordance with the Offer Document and these Conditions; and
2.5.3 all outstanding payments (including but not limited to rental payments, early termination fees and excess mileage charges) as required under the Lease have been made.
3 The Vehicle
3.1 The quotation for the Purchase Price is valid until the date stated in the Offer Letter (subject to change in accordance with clause 7.1). If any subsequent quote is provided by BCARS in writing, this subsequent quote will replace any previous quotes provided.
3.2 Zenith reserves the right in its absolute discretion not to sell the Vehicle in including but not limited to circumstances where the Vehicle is damaged and/or requires significant repair or refurbishment work.
3.3 Zenith shall have no responsibility for notifying the Purchaser of the MOT history of the Vehicle which can be found on the Government Website. The Purchaser has the right not to purchase the Vehicle if it is not satisfied with the MOT information.
3.4 BCARS shall notify the Purchaser as soon as reasonably possible if it believes there has been a genuine mistake in calculating the purchase price and/or where there is any unexpected change in the market and reserves the right in its sole discretion not to sell the Vehicle to the Purchaser in such circumstances.
3.5 For taxation reasons and by law, the Purchaser of the Vehicle must not be the Current Driver’s employer, nor any person financially connected with its employer (apart from the standard employee/employer relationship).
4 Payment of the Purchase Price
4.1 The Purchaser agrees that the payment of the Purchase Price shall reach BCARS no later than the Purchase Date. The Purchaser acknowledges that late payment of the Purchase Price may result in further amounts being invoiced by Zenith to the Customer who in turn may pass these charges onto the Purchaser.
4.2 Payment from the Purchaser must be made by bank transfer no later than the Purchase Date, as further detailed in the Offer Document.
4.3 Subject to payment of the Purchase Price (in cleared funds) to BCARS on or before the Purchase Date, title to the Vehicle shall pass to the Purchaser on the Purchase Date.
4.4 If payment of the Purchase Price is received by Zenith before the Purchase Date, the Vehicle Registration Certificate (V5) will not be registered in the details of the Purchaser until the Purchase Date.
4.5 If the Purchaser is the Current Driver and the Vehicle is a contract hire vehicle, written approval must be obtained from the employer of the Current Driver before the purchase of the Vehicle is completed. By signing the Vehicle Purchase Order, the Current Driver is confirming that such approval has been obtained. Zenith accepts no liability in the event that the relevant approval has not been obtained.
4.6 If the Purchaser does not make payment to BCARS of the Purchase Price, Zenith may terminate this contract.
4.7 Where the Purchaser enters into a finance arrangement for the purchase of the Vehicle (either as arranged by BCARS or otherwise), the Purchaser acknowledges and accepts that Zenith shall have no liability whatsoever in respect of such arrangement.
5 Collection/Delivery and Insurance
5.1 The Purchaser acknowledges and accepts that:
5.1.1 it is responsible for the collection or delivery of the Vehicle where the Purchaser is not the Current Driver; and
5.1.2 no collection or delivery arrangements are required where the Purchaser is the Current Driver.
5.2 It is the responsibility of the Purchaser to ensure that the Vehicle is taxed and insurance is in place by 00:01am on the Purchase Date.
6 Liability
6.1 Zenith will not exclude or limit in any way its liability to the Purchaser where it would be unlawful for to do so, including liability for death or personal injury.
6.2 To the extent permissible by law, Zenith excludes all rights the Purchaser may have in relation to any implied terms under Consumer Rights Act 2015, Sale of Goods Act 1979 and Sale of Goods and Services Act 1982. Further detailed information is available at the Citizens Advice website (www.citizensadvice.org.uk).
6.3 The Purchaser acknowledges that the Vehicle will remain in the possession of the Current Driver until the Purchase Date and that Zenith and BCARS will not undertake a physical inspection of the Vehicle prior to completion of the sale of the Vehicle.
6.4 The Purchaser shall examine the Vehicle: (i) immediately prior to accepting the offer; and (ii) upon collection or delivery of the Vehicle (if applicable), to satisfy itself as to the condition of the Vehicle at that time.
6.5 Zenith will not be liable to the Purchaser for any indirect or consequential loss which shall include but not be limited to loss of profit, loss of business, loss of goodwill and loss of opportunity.
6.6 The Purchaser acknowledges and accepts that it is solely responsible for any warranties given in relation to the Vehicle (either by BCARS or otherwise) and for ensuring that any such warranty is suitable and necessary for its requirements. The Purchaser acknowledges and accepts that Zenith shall have no liability whatsoever in relation to such warranties.
7 General
7.2 No other person who is not a party to this contract shall have any right to enjoy the benefit or enforce any of the terms of it.
7.3 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
7.4 Even if Zenith delays in enforcing this contract (for example, chasing the Purchaser for payment), it can still be enforced later.
7.5 Zenith and/or BCARS will use personal data in accordance with their respective privacy notices which can be found at:
7.5.1 in the case of Zenith, https://www.zenith.co.uk/privacy-notice ; and
7.5.2 in the case of BCARS, on the Offer Document.
7.6 If the Purchaser has any queries regarding these Conditions, or there is a dispute relating to these Conditions, it should contact BCARS on [email protected]. If the Purchaser has any queries regarding the Offer Document, or there is a dispute relating to the Offer Document, it should contact BCARS on [email protected].
7.7 These Conditions shall be governed by the laws of England. The parties agree to submit to the non-exclusive jurisdiction of the English Courts in relation to any proceedings relating to any dispute or claim (including non-contractual disputes or claims).