Terms & conditions for the sale of vehicles

1. Our Terms

These are the terms and conditions on which we supply vehicles to business customers and to private individuals (in each case a “Customer”). 

2. Information About Us

We are Mon Motors Limited, a company registered in England and Wales. Our company registration number is 01281826, our registered office is at Mon House, Newhouse Farm Industrial Estate, Chepstow, Wales, NP16 6UD. (hereinafter “Mon Motors Limited”, “we”, “us” or “our”). 
 
3. Contract 

(a) The price of the vehicle is the displayed price and third-party vehicle finance arrangements can be discussed on request. If the Customer requires clarification as to the price of any vehicle, the Customer must ask a member of staff in person, by telephone, or by e-mail. 

(b) The Customer is responsible for ensuring that it has all the information that it requires, before placing an order. 

(c) The order for sale of a motor vehicle by us at the agreed price (the “OTR”) and any allowance in respect of a used motor vehicle offered by you as partial payment (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Mon Motors Limited.

(d) The Customer may place an order in person at the showroom, by telephone, or online by using our website, and a reservation fee may be payable upon placing the order. 

(e) Subject to clause 3(f), the Customer’s order shall only be deemed to be accepted once the Customer has paid either the deposit or the OTR (as applicable) in full and cleared funds, and we have issued a written acceptance of the order, at which point the contract shall come into existence. 

(f) A reservation fee does not amount to an order. In cases where the Customer has not attended our premises but has paid a reservation fee by phone or online, before attending our premises to place and order and pay OTR, they will be given an opportunity to inspect the vehicle before the contract is concluded, and any such sales shall not amount to distance sales pursuant to clause 16.  

(g) The order together with these terms shall form the basis of the contract between the parties. Before completing your order please ensure that the contract reflects what is agreed. If Mon Motors Limited agrees to an amendment it shall confirm this to the Customer in writing. Mon Motors Limited legal duty is to provide the vehicles as described (hereinafter “the Goods”) to the terms of the contract.

(h) A person who is not a party to the contract may not enforce any terms of the contract unless this contract is lawfully transferred to them.  

(i) Where the Customer is a private individual consumer and the order has been placed online or over the telephone, and the Customer has not had an opportunity to see the Goods in person before the contract is concluded, this shall amount to a distance sale, and the provisions of clause 16 shall apply. For the avoidance of doubt, clause 16 does not apply to business-to-business sales of Goods.

4. Third Party Finance 

(a) The Customer acknowledges that Mon Motors Limited does not provide vehicle finance services, and that any vehicle finance shall be provided by a third-party finance company, under a separate contract between the Customer and that finance company ("Finance Contract”). Mon Motors Limited shall not be a party to any Finance Contract.

(b) Mon Motors Limited shall not have any involvement in the exercise by the Customer of its rights under any Finance Contract, and it is the Customer’s responsibility to ensure that it understands the terms of the Finance Contract, including but not limited to the rights of termination of the contract, and the consequences of termination. 

5. Delivery

(a) Mon Motors Limited will provide an estimated delivery date or dates but any such dates shall be estimates only and time for delivery shall not be of the essence, and Mon Motors Limited shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond its control.

(b) The Goods may be delivered by Mon Motors Limited or its agent in advance of the estimated delivery date upon giving 14 days’ prior notice to the Customer.

(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer may elect by notice in writing to the other party to cancel this contract. Upon such cancellation, the Customer’s deposit shall be returned and Mon Motors Limited shall be under no further liability to the Customer.

(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Mon Motors Limited has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Mon Motors Limited to the Customer only where agreed by Mon Motors Limited and at the Customer’s cost.

(e) Mon Motors Limited may at any time cancel the contract by notice in writing to the Customer if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market or in the event that the manufacturer is unable or refuses to accept the order for the Goods or no longer supplies the Goods to the specification ordered by the Customer. Upon such cancellation, any deposit paid by the Customer shall be returned and Mon Motors Limited shall be under no further liability to the Customer.  

6. Price and Payment

(a) The Customer shall not be permitted to collect and take away the Goods until the OTR of the Goods has been paid in full in cleared funds. Time for payment shall be of the essence.

(b) If the OTR or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment per transaction is £5,000) or bankers draft then such payment or part payment may be made on the day of collection (subject to Mon Motors Limited being given an opportunity to confirm the validity of such draft).

(c) Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a third-party finance company to purchase the Goods from Mon Motors Limited at the price payable hereunder. Mon Motors Limited shall not release the Goods until the OTR has been paid in full in cleared funds by the said finance company. 

7. Failure to Collect Goods

If the Customer fails to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 5(d)) then Mon Motors Limited may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as wrongfully ended by the Customer and clause 15 (b) will apply.

8. Part Exchange

(a) In the event that Mon Motors Limited agrees to accept a used motor vehicle from the Customer as partial payment of the OTR (“Allowance”) such agreement shall be subject to any warranties and/or declarations made on the face of the order or purchase invoice in addition to the following conditions:

I. if any financial or other declared interests are capable of cash settlement Mon Motors Limited may elect to discharge such finance and interests and deduct expenditure from the exchange value offered;

II. the used motor vehicle will be delivered in the same condition as at the date it was examined by Mon Motors Limited (fair wear and tear excepted);

III. the exchange value offered by Mon Motors Limited for the used motor vehicle shall only be valid for 30 days, and the Customer accepts that in cases where the 30 day period as expired before the conclusion of the sale, the used motor vehicle shall be revalued and a new Allowance calculated;

IV. the used motor vehicle shall be delivered to Mon Motors Limited upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle has been delivered to Mon Motors Limited;

V. ownership of the used motor vehicle shall pass absolutely on delivery to Mon Motors Limited;

VI. in the event that any of the warranties or declarations provided by (or on behalf of) the Customer in respect of the used motor vehicle prove to be incorrect or there is a breach of clause 8 (a) II, Mon Motors Limited shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the OTR of the Goods in accordance with clause 6 of these terms and conditions.  

9. Cherished Number Plates

(a) Where the Goods are displayed on the Mon Motors Limited’s premises, or pictured online, with a personalised or cherished number plate, unless stated on the face of the order, the Customer understands and accepts that this plate may be in the process of being transferred to another vehicle, and there is no guarantee that any particular numberplate displayed on the Goods shall be the numberplate delivered with the Goods upon conclusion of the sale. 

(b) In cases where the Customer requires the transfer of a personalised or cherished number plate from another vehicle to the Goods purchased, the Customer shall provide all necessary information, and Mon Motors Limited shall provide all reasonable assistance to facilitate transfer of the numberplate. 

10. Warranty

(a) Mon Motors Limited shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and Mon Motors Limited shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty.  The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced.  Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:

I. after discovering the defect the Customer has failed either to inform Mon Motors Limited or to have the defect examined by a Dealer without reasonable delay;

II. has failed to give a Dealer the option to repair the Goods without reasonable delay;

III. the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;

IV. if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;

V. parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;

VI. instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.

(b) In the case of the Goods being a second-hand vehicle, Mon Motors Limited shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order.  

11. Examination of Goods and Reliance

(a) In cases where the Customer attends the premises, prior to signing the order form, the Customer must examine the Goods to be purchased (if they are available for inspection) and the Customer is reminded that the condition of satisfactory quality required by law does not operate in relation to defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by Mon Motors Limited to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

(b) The Customer should satisfy itself as to the suitability of the Goods for its requirements and not rely upon Mon Motors Limited skill or knowledge regarding the Goods' fitness for any particular purpose or use.

12. Claims

(a) The Customer’s legal rights: irrespective of any warranty Mon Motors Limited has offered, the Customer is entitled to exercise its statutory rights if the Goods are faulty at the time of their delivery.

(b) The Customer should contact Mon Motors Limited as soon as he or she becomes aware of a problem with the Goods. A delay in reporting a problem may lead to unnecessary damage being caused to the Goods.

(c) Inspection of the fault: where the Customer believes the Goods to be faulty, they should be returned to the Mon Motors Limited premises where the Goods were purchased, as soon as possible for Mon Motors Limited to inspect. If the Goods are a vehicle and there is a safety concern, or the vehicle is not driveable, Mon Motors Limited may arrange to collect the Goods or to carry out an inspection off-site.

(d) Consumer Customer’s key legal rights: if the Customer is a private individual buying the Goods for purposes that are wholly or mainly outside its business, trade or profession then it has certain rights under the Consumer Rights Act 2015 if the Goods are not as described or, because of a fault that was present at the time Mon Motors Limited delivered them to the Customer which caused the Goods not to be of satisfactory quality or fit for purpose, and to exercise these rights the Customer must (its own expense) return the Goods to Mon Motors Limited for inspection, who shall determine whether or not the Goods are faulty. The Customers’ rights shall depend on the time in which the fault began, as follows:

I. Where a fault is present within the first 30 days of ownership, if the Customer does not wish Mon Motors Limited to repair or replace the Goods, the Customer is entitled to a refund;

II. Where a fault is present within the first 6 months of ownership, if the fault cannot be repaired or replaced, then the Customer is entitled to a refund. Mon Motors Limited is entitled to make a fair deduction from the refund to reflect the value of the use the Customer has had from any vehicle. If the Customer chooses repair or replacement the option chosen must be proportionate considering the nature of the fault, cost implications to Mon Motors Limited and any significant inconvenience to the Customer.

III. In cases where the Customer has owned the vehicle for more than six months, Mon Motors Limited has no obligation to inspect the vehicle, repair the vehicle, or provide any refund, unless the Customer can provide unequivocal evidence that the fault in question was present at the time it purchased the vehicle.

(e) This is only a summary of some of the key rights of a consumer customer. For detailed information from Citizens Advice please visit your local Citizens Advice centre or www.citizensadvice.org.uk.

(f) Return of Goods: Any Goods which Mon Motors Limited agrees to refund should be returned by the Customer to the Mon Motors Limited premises where the Goods were purchased. If they are not drivable Mon Motors Limited may arrange collection.

(g) For all business-to-business sales, the conditions implied by sections 13 to 15 of the Sale of Goods Act are expressly excluded from the contract.

(h) Refunds where Mon Motors Limited has accepted a part-exchange vehicle: Where Mon Motors Limited gives the Customer a full refund but part of the price has been paid by way of part-exchange of a used motor vehicle then subject to the Customer’s part-exchange vehicle still being available in the condition supplied by the Customer, Mon Motors Limited will return it. If Mon Motors Limited is unable to do so the part-exchange Allowance will be refunded to the Customer. Any refund to the Customer shall take into account the sums paid by Mon Motors Limited in accordance with clause 8(a) I to settle any finance or other interests affecting the part-exchange vehicle. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Mon Motors Limited on demand.

(i) Where a customer complaint is not resolved: good customer service is important to Mon Motors Limited and we try to resolve all complaints to the Customer’s satisfaction. However, if Mon Motors Limited fails to do this and the Customer believes there is a claim then the matter may be referred by the Customer to The Motor Ombudsman . For details of this service please contact them on 01788 538317 or visit their website at https://www.themotorombudsman.org.

(j) Right to Costs: in the event that a complaint by the Customer is pursued unreasonably in all the circumstances the Customer shall pay to Mon Motors Limited all reasonable costs, charges and expenses (including legal costs and fees) incurred by Mon Motors Limited in or in contemplation of court proceedings brought or threatened by the Customer.

13.  Sale to Intermediaries and Third Parties

The Customer confirms that it is not purchasing the Goods as an intermediary or reseller. Mon Motors Limited may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer or (where Mon Motors Limited reasonably believes the Customer to be a reseller) to cancel the contract. In the event of cancellation by Mon Motors Limited clause 15(b) will apply.

14. Retention of Title

(a) Notwithstanding delivery, collection and/or the passing of insurance risk for the Goods, or any other provision of these terms and conditions, ownership of the Goods shall not pass to the Customer until the OTR has been paid in full in cleared funds.

(b) Until such time as ownership of the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as Mon Motors Limited property. Further, Mon Motors Limited shall be entitled at any time to require the Customer to return the Goods to Mon Motors Limited and if the Customer fails to do so promptly, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

(c) Until the Customer owns the Goods the Customer shall not be entitled to sell the Goods or use them as security for any indebtedness. If the Customer does so all money owing by the Customer to Mon Motors Limited shall (without prejudice to any other right or remedy of Mon Motors Limited) immediately, become due and payable.

15. Customer Unauthorised Cancellation or Breach 

(a) Except where the Customer is given a right to cancel its order in these terms and conditions or the Customer is entitled to do so by law, then no order which has been accepted by Mon Motors Limited may be cancelled by the Customer unless Mon Motors Limited has agreed to the cancellation in writing. Where cancellation is agreed clause 15(b) below shall apply.

(b) Where the Customer: (1) cancels its order (other than where the Customer is entitled to do so by law or under clause 5(c) or clause 16, or where the manufacturer price is increased and the customer is given the opportunity to cancel); or (2) otherwise fails to collect the Goods; or (3) breaches the contract so that it is ended then Mon Motors Limited shall be entitled to be compensated and paid a sum equivalent to a reasonable administration fee and any damages, loss or expenses which Mon Motors Limited may have suffered or incurred by reason of the Customer’s cancellation or default (including as a result of selling the Goods at a lower value) and storage costs. Such sums may be deducted from any deposit or other money paid by the Customer and the balance (if any) shall be returned to the Customer. If the losses Mon Motors Limited has suffered exceed the deposit paid then the Customer shall be liable to Mon Motors Limited for the excess amount. Mon Motors Limited may, at its option elect to return any part-exchange vehicle or to retain it (in which case the agreed part-exchange Allowance, after deduction of the sums paid by Mon Motors Limited in accordance with clause 8(a) 8.I to settle any finance or other interests affecting the part-exchange vehicle, shall be treated as part of the sums paid by the Customer for the purpose of this clause). If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Mon Motors Limited on demand.

16. Distance and off Premises Contracts 

a) If the Customer, being a private consumer, has (1) entered into this contract prior to a face-to-face meeting with Mon Motors Limited or (2) the contract is agreed face-to-face with Mon Motors Limited in a place that is not Mon Motors Limited business premises or (3) the Customer places an order during a face-to-face meeting with Mon Motors Limited that happens in a place that is not Mon Motors Limited business premises or (4) the contract is entered into on Mon Motors Limited business premises or through any means of distance communication immediately after a face-to-face meeting between Mon Motors Limited and the Customer in a place that is not Mon Motors Limited business premises, then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.

b) In order to exercise the right to cancel the Customer must provide Mon Motors Limited with a clear statement (e.g. a letter sent by post, or email). 

c) On cancellation Mon Motors Limited shall reimburse to the Customer all payments received from the Customer including any delivery costs (unless the Customer expressly chose a method of delivery more expensive than the least expensive option in which case the Customer will be reimbursed the value of the least expensive delivery method). 

d) Subject to clause 16(e) below on cancellation the Customer shall return the Goods to Mon Motors Limited without undue delay and in any event not later than 14 days after the day on which the Customer advises Mon Motors Limited of the cancellation, at the Customer’s cost. If the Customer fails to return the Goods, Mon Motors Limited may make a charge for the cost of recovering the Goods from the Customer, this is likely to cost a minimum of £100 and Mon Motors Limited may deduct this charge from any sum that Mon Motors Limited must reimburse to the Customer.

e) In the event the Customer entered into this contract in the circumstances described at points (2), (3) or (4) of clause 16(a) above and Mon Motors Limited has delivered the Goods to the Customer, Mon Motors Limited shall arrange for the Goods to be collected at its own expense.  

f) Mon Motors Limited will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after Mon Motors Limited received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.  

g) On cancellation, any related credit agreement or other ancillary contract will be cancelled.  If the cancelled contract involved a part-exchange Mon Motors Limited will at Mon Motors Limited discretion either return the part-exchange or pay the agreed part-exchange value (after deduction of the sums paid by Mon Motors Limited in accordance with clause 8(a)8.I to settle any finance or other interests affecting the part-exchange vehicle) to the Customer. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Mon Motors Limited on demand.

h) If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, Mon Motors Limited may recover that amount from the Customer and Mon Motors Limited can deduct it from the reimbursement provided for under clause 16(c)of these Terms and Conditions.  Mon Motors Limited will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

(i) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.

17.  Liability

Mon Motors Limited will not be liable to the Customer for:

(a) losses that were not in the reasonable contemplation of both parties when the contract was formed; (b) losses that were not caused by any breach on the part of Mon Motors Limited; and (c) business losses, and/or losses to non-consumers. Nothing in this clause shall operate to restrict or exclude Mon Motors Limited liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.

18. Termination / Suspension

In the event that: (a) Mon Motors Limited reasonably believes on reasonable grounds that the Customer will be unable to meets its financial obligations in respect of this agreement; or (b) if the Customer is in material breach of any obligations under the contract then, without prejudice to any other right or remedy available to Mon Motors Limited, Mon Motors Limited shall be entitled to cancel this contract or suspend delivery under this contract until the Customer has remedied the breach. If Mon Motors Limited ends the contract then it shall be entitled to be compensated as set out in clause 15(b).

19. Data

Mon Motors Limited shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation to process the Customer’s order and payment and (unless the Customer requests Mon Motors Limited does not do so), to inform the Customer about similar products that Mon Motors Limited provides. The Customer may stop receiving this information at any time by contacting Mon Motors Limited via email datacontrol@monmotors.com.

20. Notices

Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the last known residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

21. Waiver

Any waiver by Mon Motors Limited or the Customer of any breach of contract by the other should be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision.  Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

22. Invalidity of these Terms

If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.

23. Applicable Law and Jurisdiction 

This contract shall be governed by the laws of England and Wales and the parties shall submit to the jurisdiction of the English and Welsh courts.