Vehicle Quotation & Supply Terms and Conditions
Interpretation
“Greenarc Vehicles(s)” means the trading name of Greenarc Vehicles Limited, registered company in England and Wales under company number 6530494 and whose address is at Greenarc Vehicles Limited, First Floor, G Mill, Dean Clough, Halifax, HX3 5AX. Greenarc Vehicles are a licenced credit broker by the Financial Conduct Authority under registration number 714978 and who is the provider of initial vehicle quotation services and guidance to the Customer, credit administration and order fulfillment services.
“Customer” means the person, firm or organisation by or on behalf of whom credit terms, vehicles and associated services are quoted to and supplied via 3rd party finance providers under these terms and conditions.
“Quotation” means an initial verbal discussion or written financial document that confirms the lease or purchase price available to a Customer for the most suitable vehicle based on their requirements at that given time. The quotation will include an expiry date and will always be subject to credit approval, does not constitute and offer to supply and additional terms and conditions will be applicable and available upon request upon order from the 3rd party finance provider.
“Vehicle” means any vehicle or vehicles which are from time to time detailed on the quotation or order, or discussed verbally and supplied by Greenarc Vehicles to the Customer via a written signed quotation and order form.
“3rd Party Finance Provider” means a finance or leasing company who underwrites, administrates and provides the credit for any lease or purchase agreement the Customer pays periodic payments to each month.
“Credit Searches” means the process undertaken by Greenarc Vehicles and 3rd party finance providers to assess a Customers credit worthiness and ability to repay any agreement. This includes a credit search on Customers personal and company credit files, a record of such search being carried out will remain on the Customers credit file.
“FCA” means the Financial Credit Authority and all customer guidance, advice, quotations and orders will be practiced in line with our treating customer’s fairly policy and the requirements of the FCA for regulated and non regulated business and a common and consistent practice.
“Application Processing Fee” means the financial charge Greenarc Vehicles makes to a Customer in advance for processing their credit application post their instruction to do so with a 3rd party finance providers, this in an attempt to secure the credit approval to fulfil any lease or purchase agreement for the vehicle as stated in the quotation.
Commission: means the financial payment that 3rd party finance providers may pay Greenarc Vehicles for a successful introduction and completed transaction should you choose to enter into an agreement with them.
Cooling off Period: means If you are an Individual, a Sole Trader or Partnership with less than 4 Partners you will need to complete a cooling off period post signature of your agreements and prior to taking delivery of your vehicle, this period will be advised to you.
General
1. These terms and conditions form part of your contract with Greenarc Vehicles. They are in addition to, and not superseded by, any agreement you enter into with the 3rd Party Finance Provider concerned. You will be asked to sign a separate agreement with the 3rd Party Finance Provider prior to when you take delivery of your vehicle.
2. These Terms and Conditions shall govern Greenarc Vehicle’s dealings with you, and all contracts formed between Greenarc Vehicles and you, to the exclusion of any other Terms and Conditions. No variations to these Terms and Conditions will be binding unless agreed in writing between Greenarc Vehicles & You.
3. Greenarc Vehicle’s employees and agents are not authorised to make any representations concerning our services unless they are confirmed as such by us in writing. By entering into a contract with us, you acknowledge that you do not rely on any such representations which are not so confirmed.
4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part, including quoted vehicle delivery times changing as a result of manufacturers or dealership circumstances changing that you accept are out of our control.
5. Your order of a motor vehicle from our website or other communications with you is an offer by Greenarc Vehicles. All orders are subject to a formal written acceptance by us, the availability of the motor vehicle in question, price changes, and the payment by you of a holding deposit (if applicable) in accordance with our written acceptance of your order.
6. If the motor vehicle you have ordered is not available, we will contact you by email or telephone to suggest possible alternatives. If the motor vehicle is available and we accept your order, then we will contact you to confirm the acceptance of your order and provide an estimate delivery date or factory production date of which you accept these can change.
7. Subject as expressly provided in these conditions, and except where you are a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 or in amended or replacement legislation), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8. Where the sale is under a consumer transaction the statutory rights of the customer are not affected by these conditions.
9. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the supply of services or vehicles, and our entire liability under or in connection with the contract with you shall not exceed the price of the services supplied to you, except as expressly provided in these conditions.
10. We shall not be liable to you or be deemed to be in breach of any contract with you by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control.
11. We are committed to the highest standards of customer service. Should you have any complaint about our service, please let us know as soon as possible, either by phone 01772 737383 or by email to hello@greenarcvehicles.co.uk and we will endeavour to resolve them with you in a fair and effective manner. We will acknowledge your complaint within 48 hours of receipt and will take all reasonable steps to resolving it promptly to your and our satisfaction. We will provide you with a timescale for resolving the dispute and keep you regularly updated with its progress. For further information please refer to our full complaints procedure on our website www.greenarcvehicles.co.uk.
12. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected
13. The contract with you shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
Quotation & Order Pricing
14. Quotations in writing are valid for 14 days from the date of issue unless otherwise specified, however are subject to change inline with any manufacturer’s and or dealer price changes, fluctuations in interest rates or changes in Government legislation. By requesting the quotation, you accept these matters are outside our control.
15. Where a leasing agreement has a mileage allowances, the term of hire or annual mileage limit on some products may be able to be changed with the leasing company up until the last 6 months of the agreement. Not all products allow this. There may be a charge for any amendments to the contract which would be charged directly by the 3rd Party Finance Provider.
16. Not all agreements allow you to change the mileage (mid term) so please ensure you plan your mileage accurately before you enter into an agreement.
17. The prices quoted to you will include VAT for personal leasing, and exclude VAT for business leasing, the quotation will include the delivery cost (unless specified) by the dealer to your chosen UK mainland destination, and includes number plates, Road Fund Licence (if applicable) and Vehicle Registration Charge.
18. Greenarc Vehicles reserve the right to change the price either before or after we accept any order from you, where circumstances outside of control require it (for example changes in prices notified to us by dealers/manufacturers and finance companies). We will promptly notify you in writing of such a change and you will have the right to cancel your order (upon receipt by us of your written confirmation within any reasonable deadline stated by us) if the change is not acceptable.
19. Prices set out on our web site or in any other direct communications with you and in general marketing material issued by us are for information purposes only and do not constitute an offer by us capable of being accepted by you.
20. All quotations will be provided in line with our TCF (Treating Customers Fairly) policy and in line with FCA guidelines.
Finance
21. Credit applications will result in a credit searches being carried out on you or the company directors / partners by Greenarc Vehicles and / or the 3rd Party Finance Provider.
22. If you for any reason fail to be cleared for finance with the 3rd Party Finance Provider, we will discuss with you prior to applying for funding with a different company. The additional application will mean an additional footprint on your credit file.
23. Upon receipt by us of completed finance documentation (including signed finance agreement accepted by the 3rd Party Finance Provider) and any balance of monies due to be paid to or through us, and subject to any cooling off period, we will arrange delivery of the vehicle to your chosen UK mainland destination.
24. Finance is subject to status and to persons over 18 years of age only. Underwriting guarantees/indemnities may be required. For purchase plans, the Optional Final Payment plus any other applicable fees may apply in order to own the vehicle at the end of the agreement.
25. Greenarc Vehicles can introduce you to a number of finance providers. We may receive a commission if you enter into an agreement with them.
26. If you are an Individual, a Sole Trader or Partnership with less than 4 Partners you will need to complete a cooling off period prior to taking delivery of your vehicle, this period will be advised to you. You will be requested to send in two proofs of identification (gas/electric/council tax/water bill) dated within the last 90 days and photo card of your Driving Licence for a particular partner/s as specified.
Vehicle(s)
27. If the motor vehicle you have ordered is not available, we will contact you by email or telephone to suggest possible alternatives. If the motor vehicle is available and we accept your order, then we will contact you to confirm the acceptance of your order
28. Where a leasing agreement has a mileage allowances, Mileage is shown as annual mileage, i.e. from the 12-month period from the date the agreement started. If you exceed the total annual mileage at the end of the lease period, the leasing company will charge a fee for each extra mile over this total.
29. Excess mileage charges will apply if you exceed your total contract mileage
30. If you have not opted to have the servicing/maintenance provided by the leasing company, then you are responsible for servicing the vehicle in accordance with the manufacturer’s schedule. The vehicle must be returned to the leasing company in a roadworthy state. Tyres must be at or above the legal limit. If you need clarification of this, please ask for a copy of the BVRLA (British Vehicle Rental Leasing Association) guide which can be provided upon request. The vehicle must have a valid MOT certificate if required. If you don’t return the vehicle in a roadworthy state in accordance with the BVRLA guide, you may be charged for remedial/cleaning/upkeep work by the leasing company.
31. If you have opted to have your maintenance provided by the leasing company (or a third party that we may have introduced, you to) you are responsible for arranging the service in accordance with their instructions. Maintenance may be provided by a third party. If this is the case an additional Master Hire Agreement will need to be signed and an additional Direct Debit Mandate will need to be signed
32. You are responsible for registering your vehicle if a low emitting vehicle with the DVLA for any waiver of fees, for example, the London Congestion Charge and with the Dart charge for using the Dartford Crossing. If you fail to register and receive a fine the leasing company will charge the cost of the fine and an administration fee.
33. The specification of any motor vehicle displayed on our website or any other marketing material issued by us is supplied by the vehicle manufacturer/dealer or the 3rd Party Finance Provider and formatted for our use. Whilst every effort is made to verify and ensure the accuracy of the data, the information should only be used as a guide and no purchasing decision should be made by you without verification of the latest data from either the manufacturer or a franchised dealer of their vehicles.
34. All images on our website or other marketing material issued by us are for illustration purposes only.
35. Vehicles & finance are only supplied to addresses on the U.K. mainland.
36. Manufacturer lead-times do fluctuate and delays are beyond our control. We will keep you updated on a regular basis on the status of your order.
37. Please note local registration of motor vehicles is not possible
38. It is your responsibility to contact us to arrange collection of your vehicle prior to the end of the agreement. The leasing company will not automatically collect the vehicle. You will be charged if you retain the vehicle past the end of the agreement. To arrange collection please email hello@greenarcvehicles.co.uk
39. In the event of a cancellation of your vehicle order you will be liable for a cancellation fee equivalent to 3% of the P11D value of the vehicle ordered including any options. The P11D value (taxable value) of your vehicle comprises the list price inclusive of any options, including VAT, plus any delivery charges, but does not include the car’s first registration fee or its annual road tax. You can check your vehicles P11D value at www.parkers.co.uk, the manufacturers website or via your Greenarc Vehicles order form. For further clarification please speak to your Greenarc Vehicles account manager. Example: Vehicle P11D value £20,000 * 3% cancellation fee = £600 + vat (£720).
40. No order which has been accepted by us may be cancelled by you except with our written agreement and on terms that you shall indemnify us in full against all costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.
41. If this clause applies, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries or provision of services under the contract without any liability to you, and if vehicles have been delivered or services provided but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
42. Upon cancellation of your order, any application processing fee that has been paid to Greenarc Vehicles, does not qualify for any refund where credit has been secured in line with the ordered quotation. If credit is approved on different terms from the original quotation, then you are entitled to a refund of the application processing fee within 7 days of written request to us advising that you wish to cancel the order and a refund is required of your application processing fee. It should be noted that any other cancellation charges as noted in clauses 39 to 41 will remain in force is applicable and are specifically excluded from your right to a refund of the application processing fee.
43. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
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