Terms and Conditions
1. General
In this Agreement, the following definitions apply:
Encumbrance: Any hire purchase agreement, charge, or other security affecting a Part Exchange Vehicle.
Part Exchange Allowance: The amount of consideration attributable to the Part Exchange Vehicle offered by the Customer.
Part Exchange Vehicle: A vehicle, if any, offered in consideration of part of the Purchase Price by the Customer, further details of which are set out on the Used Non-Qualifying Vehicle Tax Invoice.
Purchase Price: The final consideration for the Vehicle to be paid by the Customer, as set out on the Used Non-Qualifying Vehicle Tax Invoice.
Seller: JGM Holdings Limited, trading as Clifford Car Sales.
Customer: The purchaser of the Goods.
Goods: All items purchased by the Customer, including the Vehicle.
Manufacturer: The manufacturer of the Vehicle purchased.
Vehicle: The vehicle to be purchased under this Agreement.
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2. Delivery
2.1 The Seller will endeavour to deliver the Goods by the estimated delivery date but does not guarantee delivery time. Time shall not be of the essence. The Seller shall not be liable for any damages, costs, or claims arising from delay.
2.2 The Seller may cancel this Agreement if the Manufacturer ceases production of the Goods. The Seller is not liable if unable to deliver due to lack of supply. If any accessory cannot be supplied, the Seller may substitute or remove it from the Agreement, adjusting the Purchase Price accordingly.
2.3 The Seller will inform the Customer when the Goods are ready for delivery.
2.4 The Customer must pay the Purchase Price (less any Part Exchange Allowance) and collect the Goods within 14 days of notification.
2.5 If the Customer fails to take and pay for the Goods within 14 days, the Agreement may be treated as cancelled, the deposit forfeited, and the Seller may seek damages.
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3. Price
3.1 The Purchase Price includes the Vehicle, accessories, road fund licence, delivery, car tax, and applicable sales tax, as set out in the Used Non-Qualifying Vehicle Tax Invoice.
3.2 Payment shall be in cash or by direct bank transfer unless the Seller accepts a cheque at least five banking days before delivery.
3.3 If taxes or duties change between order and delivery, the Customer shall pay any additional amount.
3.4 If the Recommended Price changes before delivery, the Seller will notify the Customer and propose an adjusted Purchase Price.
3.5 The Customer may cancel the Agreement within 14 days of receiving notice of an increase or a partial decrease in the Purchase Price.
3.6 If no cancellation notice is received within 14 days, and the proposed decrease matches the Recommended Price reduction, the revised Purchase Price becomes binding.
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4. Property
The Goods remain the property of the Seller until full payment is made and cleared. A cheque is not considered payment until cleared.
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5. Acceptance of Part Exchange Vehicle
5.1 The Seller shall only accept a Part Exchange Vehicle if:
(i) It is free of Encumbrance or disclosed Encumbrance is accounted for in the Part Exchange Allowance. If the Encumbrance exceeds the disclosed amount, the Seller may reduce the Allowance.
(ii) It is delivered to the Seller’s business location prior to delivery of the Goods.
(iii) It is in the same condition (except reasonable mileage) as when inspected. A worse condition or excessive mileage may lead to a reduction in the Allowance, with the Customer’s agreement.
5.2 If the Part Exchange Allowance is reduced or withdrawn, the Customer must still pay the adjusted Purchase Price.
5.3 Ownership of the Part Exchange Vehicle passes to the Seller upon acceptance.
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6. Finance Arrangements
6.1 Within seven days of being notified the Goods are ready, the Customer may arrange for a finance company to purchase the Goods. Delivery will then be made to that company.
6.2 Upon finance purchase, Clauses 2 to 5 no longer apply. The Seller will apply the Part Exchange Allowance and any deposit toward the finance company’s order.
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7. Warranty by Seller
7.1 The Goods may be warranted as free from defects in material and workmanship, in accordance with the applicable used car warranty. Warranty remains valid despite changes in ownership.
Remedial works may be carried out by the Seller at their option, and any defective part repaired or replaced. Replacement parts are warranted until the expiry of the original warranty.
The warranty does not apply if the defect is caused or worsened by:
(i) Delay in reporting the defect or allowing the Seller to inspect/repair.
(ii) Misuse, negligence, accident, or use in motorsport.
(iii) Repairs not conducted by or through the Seller.
(iv) Installation of non-approved parts or modifications.
(v) Failure to follow maintenance/care instructions.
(vi) Normal wear and tear.
7.2 Unless the Vehicle is purchased through a finance company, the Customer will receive a copy of the warranty terms on delivery.
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8. Warranty by Customer (Part Exchange Vehicle)
The Customer warrants that:
8.1 The Part Exchange Vehicle is not subject to any hire purchase or other Encumbrance.
8.2 The mileage on the attached appraisal form is correct.
8.3 The Part Exchange Vehicle was purchased by the Customer.
8.4 It was not used or purchased abroad prior to registration in Jersey.
8.5 It was not used as a hire vehicle, Hackney carriage, or taxi.
If any of these statements are incorrect, the Customer must notify JM Holdings Ltd. in writing. A false statement may result in a claim for damages and costs.
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9. Notices
9.1 Notices must be in writing and sent by post to the recipient's residence or business address. Delivery is assumed within normal postal timeframes.
9.2 The Customer acknowledges that warranty claims are the sole remedy for contract breaches. All other remedies are excluded.
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10. Miscellaneous
10.1 Failure by the Seller to enforce any condition shall not be deemed a waiver of future enforcement rights.
10.2 The Seller may be legally required to report suspicions of money laundering and is prohibited from informing the Customer. Proof of identity may be required.
10.3 This Agreement and the Used Non-Qualifying Vehicle Tax Invoice constitute the entire agreement between the parties, superseding all prior agreements. No amendments are valid unless in writing and signed by an authorised representative of the Seller.
10.4 This Agreement is governed by the laws of the Island of Jersey. The courts of Jersey shall have exclusive jurisdiction.
Agreement:
The Customer agrees to purchase, and the Seller agrees to sell, the Goods detailed in the attached Used Non-Qualifying Vehicle Tax Invoice for the Purchase Price. The Part Exchange Allowance, if any, will be applied against the Purchase Price upon acceptance of the Part Exchange Vehicle in accordance with this Agreement.
This document constitutes a legally binding agreement between the Seller and the Customer. Sign it only if you agree to be legally bound by the terms and conditions set out herein.