TML Cars Terms and Conditions

# TML Cars – Customer Terms & Conditions

**TML Cars**
Bayford, Wincanton, Somerset, BA9 9NJ

These Terms & Conditions apply to all vehicle sales by TML Cars and should be read in conjunction with the Vehicle Order Form, Warranty Documentation (where applicable), and any Finance Agreement.

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## 1. Definitions

"Dealer", "We", "Us" or "Our" means TML Cars.

"Customer", "You" or "Your" means the purchaser of the vehicle.

"Vehicle" means the motor vehicle being purchased.

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## 2. Vehicle Description

We make every effort to ensure that vehicle descriptions, specifications, mileage readings, photographs and advertisements are accurate.

However:

* Vehicle specifications may vary from manufacturer data.
* Optional equipment and accessories should be checked before purchase.
* Mileage readings are taken from the vehicle odometer and cannot be guaranteed unless expressly stated.
* Customers should satisfy themselves as to the suitability of the vehicle before purchase.

Any verbal statements made by staff are not contractual unless confirmed in writing.

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## 3. Vehicle Condition

All used vehicles are sold taking into account their age, mileage, value and general condition.

Customers acknowledge that used vehicles may show signs of reasonable wear and tear consistent with age and mileage.

Any defects identified during preparation or inspection that affect the vehicle's roadworthiness will be rectified prior to sale unless otherwise agreed in writing.

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## 4. Deposits and Vehicle Reservations

A vehicle may be reserved by payment of a deposit.

The vehicle will normally be removed from sale upon receipt of the deposit.

If the Customer decides not to proceed with the purchase, TML Cars reserves the right to retain all or part of the deposit to cover reasonable administration, preparation, transportation, storage, advertising or other costs incurred.

Deposits will normally be refunded where:

* The vehicle is materially misdescribed.
* TML Cars cannot complete the sale.
* Finance cannot be obtained through no fault of the Customer.

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## 5. Payment

Full cleared funds must be received before a vehicle is released.

Accepted payment methods may include:

* Bank transfer
* Debit card
* Approved finance arrangements

Cash payments may be subject to restrictions.

TML Cars reserves the right to verify the source of funds where required by law.

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## 6. Part Exchange Vehicles

Where a vehicle is offered in part exchange, the Customer confirms that all information supplied is accurate.

The Customer agrees to disclose:

* Outstanding finance
* Accident damage
* Insurance write-off history
* Mechanical faults
* Known defects
* Modifications

If any material information is found to be incorrect or withheld, TML Cars reserves the right to revise or withdraw the agreed valuation.

Ownership of the part exchange vehicle passes to TML Cars upon completion of the transaction.

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## 7. Finance Purchases

Where finance is arranged:

* All finance is subject to status and lender approval.
* Quotations are illustrative until approved by the lender.
* TML Cars acts as a credit broker and not a lender.
* The finance agreement is separate from the vehicle purchase agreement.

Customers should ensure they fully understand the finance agreement before signing.

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## 8. Warranty

Where a warranty is provided, details will be supplied separately.

Warranty cover may be subject to:

* Claim limits
* Exclusions
* Service requirements
* Policy conditions

Warranty cover is separate from and does not replace a Customer's statutory rights.

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## 9. Delivery

Delivery may be available at an additional cost.

Risk in the vehicle passes to the Customer upon delivery or collection.

The Customer should inspect the vehicle upon delivery and notify TML Cars promptly of any concerns.

Delivery dates are estimates only and are not guaranteed.

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## 10. Consumer Rights

Nothing in these Terms & Conditions excludes or limits any rights available under:

* Consumer Rights Act 2015
* Consumer Contracts Regulations 2013
* Road Traffic Act 1988
* Any other applicable consumer protection legislation

Customers purchasing as consumers retain all statutory rights.

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## 11. Distance and Online Sales

Where a vehicle is purchased without the Customer physically inspecting it prior to purchase, additional rights may apply under the Consumer Contracts Regulations.

Customers should contact TML Cars immediately if they wish to exercise any applicable cancellation rights.

Where cancellation rights apply:

* The Customer may be responsible for returning the vehicle.
* The Customer must take reasonable care of the vehicle whilst in their possession.
* Any deduction permitted by law may be applied for excessive use or damage.

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## 12. Ownership and Risk

Ownership of the vehicle will not pass until:

* Full payment has been received; and
* Any finance settlement has been completed.

Risk passes upon collection or delivery.

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## 13. Limitation of Liability

Nothing in these Terms excludes liability for:

* Death or personal injury caused by negligence.
* Fraud or fraudulent misrepresentation.
* Any liability that cannot legally be excluded.

Subject to the above, TML Cars shall not be liable for any indirect or consequential losses.

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## 14. Data Protection

Customer information will be processed in accordance with applicable data protection legislation.

Information may be shared with:

* Finance providers
* Warranty providers
* Government agencies
* Fraud prevention agencies

where required to complete a transaction or comply with legal obligations.

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## 15. Governing Law

These Terms & Conditions are governed by the laws of England and Wales.

Any disputes shall be subject to the jurisdiction of the courts of England and Wales.

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