Terms and Conditions
1. ABOUT US
1.1. Vehicle Professionals Limited is a limited company incorporated and registered in Scotland with company number SC428015 whose registered office is at Duddingston House, 105 Milton Road West, Edinburgh, EH15 1RB, trading as Pike & Bambridge.
1.2. For the purposes of these terms and conditions, “Pike & Bambridge”, “us”, “our” or “we” relates to the said Vehicle Professionals Limited.
1.3. We act as a credit broker agent and source vehicles for our clients, and these terms and conditions (the “Terms”) set out the basis on which we act as agent to provide these services to you as our client.
1.4. Please read these Terms carefully. The Terms should be read in conjunction with the order you accept from us.
2. VEHICLE INFORMATION
2.1. Vehicle images, where shown on our website, the Order Form or on any other communication from us, are for illustration purposes only.
2.2. Vehicle specifications displayed on our website and in the Order Form are supplied by the vehicle manufacturers. Whilst we make every effort to assist in identifying vehicle options and standard specifications, the information should only be used as a guide and no decision should be made to purchase, hire or lease a specific vehicle without verification of the latest data from either the manufacturer or franchised dealer.
2.3. The description of a vehicle as “used” on the Order Form indicates that the vehicle is an “approved used” vehicle and is being sold under an approved vehicle scheme by the dealer from whom it is sourced.
2.4. For pre-registered vehicles sold with the balance of the manufacturer’s warranty, an MOT will be required (at your cost) 3 years from published taxation point, in line with UK law. If a vehicle is pre-registered, you will be entitled to the balance of the manufacturer’s warranty and roadside assistance cover. In the event that the warranty expires within the contract hire period, you will be liable for any repairs or breakdown costs, unless a maintenance package is purchased as part of the contract, in which case repair costs may be covered subject to the maintenance terms and conditions.
2.5. Upon entering into a contract agreement, you are responsible for the running of the Vehicle in accordance with the manufacturer’s guidelines. This includes keeping the Vehicle properly serviced in accordance with the manufacturers recommended service schedule by an agent approved by the finance company.
2.6. The adaptation to the WLTP procedure could lead to changes in the emission and consumption data, as well as other equipment features, indicated in the pages of your order with reference to the model of your chosen vehicle. Therefore, until otherwise communicated by the Manufacturer or our company, the information contained in the vehicle order, including that relating to CO₂ emissions, have the sole purpose of providing you with a general description of the characteristics of the vehicles.
3.1. In response to an enquiry we will arrange a communication with you (the “Fact Find”) during which we shall discuss your requirements, including:
3.1.1. details of the vehicle you wish to acquire;
3.1.2. whether you wish us to seek quotations for car finance on your behalf; and
3.1.3. what, if any, additional services we shall provide you.
3.2. Shortly after we will then arrange a second communication (the “Second Communication”) at which we shall present an order form with specifications (the “Order Form”) in response to the requirements you communicated to us at the Fact Find, including for example:
3.2.1. the vehicle(s) description and comparisons;
3.2.2. car finance quotations (if requested) (the car finance process is set out in Clause 5 of these Terms); and
3.2.3. where we have agreed to do so, an estimated value for your current vehicle (the current vehicle disposal process is set out in Clause 6 of these Terms).
3.3. Where we have agreed to do so, we will organise test drives of relevant vehicles for you, subject to availability.
3.4. As a financial conduct authority regulated broker, we may introduce you to a range of finance providers who may be able to help you finance your vehicle and provide other products / services, such as vehicle maintenance and servicing packages. We will only offer products from a carefully selected panel of finance providers. Further details of our carefully selected panel of finance providers is available on request. We may receive a fee for introducing you to one of our lenders who assists with your agreement.
3.5. We reserve the right to withdraw the offer to provide the services described in the Order Form for any reason and at any time.
3.6. Whilst we try to ensure all of the information provided on our Order Form is correct, the vehicle options and specifications are supplied to us by the vehicle manufacturer. It is your responsibility to check that the terms of the Order Form (including but not limited to the Vehicle make, model and specification) are correct to ensure it meets your specific requirements. If you are unsure, please check with the manufacturer or ask your account manager. Please note that once your Order is sent by us to the supplier of the Vehicle (the “Supplier”) it may not be possible to make any further changes to the specification of the Vehicle.
3.7. If you wish to proceed with ordering a specific vehicle (the "Vehicle") you shall sign the Order Form and order the Vehicle in accordance with these Terms, and we shall source the Vehicle for You in accordance with the terms of the signed Order Form (your “Order"). You irrevocably and unconditionally authorise us to act as your agent in dealing with third parties in accordance with the terms of your Order.
3.8. Unless purchasing the Vehicle in cash, following acceptance of an Order, you must enter into a finance agreement with a finance company. For the avoidance of doubt, the contract to purchase, hire or lease the Vehicle is between you and the finance company and their contract only becomes binding when the agreement is signed by you and the finance company and providing there is no enforced change to pricing imposed by the funder, supplier or manufacturer between the signing the contract and delivery of the Vehicle. We may introduce you to the finance company, but we are not party to the actual finance agreement.
3.9. In the unlikely event that the Vehicle you have ordered is not available or the funder makes a change to the rental, we will contact you to confirm whether you wish to proceed with your Order or to provide you with possible alternatives. If the alternative is not acceptable by you, we will cancel your Order without penalty and refund any monies paid.
3.10. Any other elements of the service shall not be charged for unless agreed otherwise between you and us.
4. PRICE AND DEPOSIT
4.1. Prices quoted for personal leasing include Value Added Tax (“VAT”).
4.2. Prices quoted for business leasing exclude VAT.
4.3. Should the VAT rate change between the place of the Order and the supply of the Vehicle, the payments will be adjusted accordingly.
4.4. In the event that the Vehicle is subject to an import tariff, the cost of such tariff shall be payable by you. For the avoidance of doubt, the price quoted in the Order is exclusive of any import tariff and should a tariff becoming payable, the price shall be adjusted accordingly.
4.5. Prices quoted on our website are for information purposes only and do not constitute an offer by us which is capable of acceptance by you.
4.6. Prices quoted may vary depending up on the Vehicle colour. This is a result of different residual values set by the finance company or may depend upon stock availability.
4.7. Unless otherwise stated, the price quoted includes:
4.7.1. subject to Clause 7.3, delivery by the dealer to your chosen UK mainland destination. Pike & Bambridge reserve the right to pass on to you any additional costs associated with delivery on certain vehicles. You will be advised of any additional charges prior to the Order being processed by us. If they are unacceptable, You will be entitled to choose an alternative vehicle or cancel your Order; and
4.7.2. number plates and the Vehicle registration charge.
4.8. As a credit broker and not a lender, Pike & Bambridge reserves the right to change the price of the Vehicle, either before or after an order is placed. If the price of a vehicle is changed after an order is placed, we shall notify you of the change and you have the right to withdraw Your Order if the change is not acceptable.
4.9. Payment to the Supplier of the purchase price of the Vehicle (the "Purchase Price") in cleared funds from you or from any other person you have instructed to make such payment must be made before the Supplier will allow us to collect the Vehicle on your behalf. Depending on your car finance arrangements this may include, but not be limited to, a correctly completed credit or hire agreement signed by all those parties who the Supplier and/or the lender require, satisfactory documents confirming the address and identity of any applicant, and any other information or document required by the lender as a condition of their acceptance of your car finance application. It is your responsibility to ensure that you are financially in a position to pay the Purchase Price for the Vehicle on the date that has been agreed for completion of its purchase.
4.10. Prior to ordering your Vehicle a Deposit may be required (“Deposit”). For the avoidance of doubt, your Order shall not be accepted by us until such Deposit is received.
4.11. You irrevocably authorise us to pay the Deposit to the Supplier for the purposes of acquiring the Vehicle for you in accordance with the terms of your Order.
5. CAR FINANCE
5.1. We are a licenced credit broker under the Consumer Credit Act 1974 regulated by the Financial Conduct Authority (“FCA”) and not a lender. Our FCA registration number is 690648. These details can be checked on the FCA’s Register by visiting the FCA’s website at http://www.fca.gov.uk/register. Please note that all our sales staff comply with the Finance and Leasing Association's Specialist Automotive Finance ("SAF") scheme, which assesses knowledge of finance products sold in dealerships, as well as motor finance regulation. When an individual passes the test he/she is awarded a Certificate of SAF Competence Test and becomes a SAF Expert in recognition of their improved standard of knowledge.
5.2. If you indicate at the Fact Find that you wish us to seek car finance quotes on your behalf, then we shall seek such quotes and present them for your review and potential acceptance at the Second Communication.
5.3. Such quotes are subject to finance clearance. We appreciate that everyone's credit history is different and if you foresee any challenges with finance clearance then please let us know so that we can endeavour to keep searches against your credit file to a minimum.
5.4. Whilst we will provide general advice on the various car finance packages that we have identified for you, you acknowledge that we make no claim that the finance package(s) we have identified are necessarily the best packages on the market. You are free to choose your own financial package if you choose.
5.5. Note that financial quotes are given by the finance package providers - not us. Finance packages may be subject to change or withdrawal at any time up until your offer of finance has been agreed by the finance provider. Any financial quotes we obtain on your behalf are subject to the terms and conditions of the finance provider concerned. The finance provider’s full terms and conditions are available upon request.
6. Current Vehicle Disposal
6.1. This Clause 6 will apply if the terms of your Order are such that we have agreed to dispose of a vehicle which you currently own (a "Current Vehicle") in order to part fund the acquisition of the Vehicle.
6.2. In valuing your Current Vehicle we will rely on the information you give us. We will appraise your Current Vehicle and you will complete our current vehicle appraisal form (the "Current Vehicle Form"). For valuation purposes we will require a minimum of 4 photographs of your Current Vehicle in addition to photographs of any damage on the exterior and/or interior of your Current Vehicle. We may also run the engine or drive your Current Vehicle for a short period. The value of your Current Vehicle shall then be calculated by us, by reference to: i) the information gathered by us; ii) the projected delivery date on your Order; and iii) independent vehicle valuation data provided by CAP Automotive Limited (which we will share with you on request).
6.3. You agree to indemnify us against any loss we incur as a result of your failure to answer honestly or accurately any question on the Current Form which affects our ability to resell your Current Vehicle, or which affects the value we receive upon selling your Current Vehicle.
6.4. At the Second Communication, and prior to you signing the Order Form, we will provide you with an appraisal form detailing our valuation of your Current Vehicle (the "Current Vehicle Valuation"). If you accept that Current Vehicle Valuation, we agree that we will sell your Current Vehicle on your behalf and that, subject to your compliance with these Terms, we will ensure that funding to the amount of the Current Vehicle Valuation will be made available by us to acquire the Vehicle and that you will only be liable to pay the balance (if any) of the Purchase Price for the Vehicle which exceeds the Current Vehicle Valuation. You irrevocably agree that the proceeds of sale that are received in respect of your Current Vehicle are to be paid to us for application and payment toward the price of your Order.
6.5. Two weeks prior to the agreed date for completion of the purchase of Vehicle, we will conduct a second valuation of your Current Vehicle. We shall not be bound to the original Current Vehicle Valuation if:
6.5.1. updated vehicle valuation data provided by CAP Automotive Limited indicates that the value of your current Vehicle has reduced; or
6.5.2. in the event that we are making our first physical evaluation of your Current Vehicle, its condition is different to that on which we relied according to the information provided by you in the Current Vehicle Form; or
6.5.3. otherwise, in our sole opinion, its value is different (subject only to fair wear and tear and reasonable increase in mileage) to the first valuation provided by us.
6.6. Where we determine that we are not bound to the original Current Vehicle Valuation, we may agree a revised Current Valuation with you, failing which the Current Vehicle will be excluded from the arrangements to purchase the Vehicle and you may sell your Current Vehicle yourself, in which case at completion you will be required to pay the Purchase Price in full, i.e. without any value being attributed to your Current Valuation.
7. DELIVERY AND REGISTRATION
7.1. The projected date of delivery described on the Order Form is an estimated date by which the Vehicle will become available for delivery. Delivery dates are subject to change by the manufacturer and whilst we will endeavour to meet any timescale quoted, we will not be liable for any losses arising out of a delay in delivery due to matters outside our control.
7.2. We will not be able to purchase the Vehicle on your behalf, and subsequently the Vehicle cannot be delivered to you, until the Supplier receives correctly completed documentation and full payment in cleared funds of the Purchase Price (or the element of the Purchase Price which you are responsible to pay) from you or from any other party you have instructed to make such payment.
7.3. We will deliver the Vehicle to your choice of address in the United Kingdom mainland (as specified on the Order Form), provided that the delivery address is no more than 500 miles from our premises. Alternatively, we will arrange to make the Vehicle available for collection from our premises. If you wish the Vehicle to be delivered to Northern Ireland, or to the Isle of Man or the Channel Islands or an address that is further than 500 miles from our premises, we will agree a price with you for delivery of the Vehicle.
7.4. In the instance that we are to provide an attended delivery, you authorise us to accept the initial delivery on your behalf to our premises to prepare the vehicle for the attended delivery.
7.5. Mileage incurred in delivery will be no greater than reasonably expected taking into account industry standard practices. In order to meet the projected date of delivery there are occasions on which mileage will have to be incurred.
7.6. Where applicable, you will be responsible for any formalities relating to importing and reregistering the Vehicle with the relevant authorities outside the United Kingdom.
7.7. Upon delivery, you will thoroughly inspect the Vehicle to ensure that it is of satisfactory quality. You must make a note on the handover form of any missing item or defect you find. Failure to make such a note may compromise your ability to seek a remedy for any missing item or defect.
7.8. If we arrange delivery and you or another person on your behalf is not available to accept delivery at the agreed time, you agree that we may invoice you for, and you will pay, our reasonable costs (including storage costs) connected with your failure to accept delivery at the agreed time.
7.9. We may, in our sole discretion, require you to provide us with a copy of your insurance policy in respect of the Vehicle, prior to delivery. Please note that the hirer obtaining finance must be the main policy holder or a name driver on the insurance certificate.
7.10. If you have a licence plate on retention it is sometimes possible to have the plate affixed to your Vehicle prior to delivery. We can assist with switching the licence plate to the Vehicle subject to you paying the relevant DVLA fee.
8. EXCESS MILEAGE
Certain finance agreements have an excess mileage charge. This is expressed as PPM (Pence Per Mile) and is charged when your vehicle exceeds the agreed mileage over the total contract term. Some contracts allow you to travel over your agreed mileage amount only charging you the PPM amount stated on your order form, however other contracts will only allow you to travel up to a pre-determined amount before a higher excess mileage charge is applied. Please refer to your contract for full details on excess mileage charges and how this cost may affect you. If your lease contains a maintenance contract then there maybe an excess milage charge for both the vehicle lease and the maintenance contract.
9. CAR ACCESSORIES
9.1. All non-dealer fit accessories are potentially available; however we will be required to investigate the availability of the required options prior to providing an estimated delivery date.
9.2. We reserve the right to refuse installation of an accessory or to offer an alternative if in our sole opinion the product is not suitable for installation on the specified vehicle.
9.3. We reserve the right to remove accessories from the order and offer a full refund of any specified accessories which are removed, if it is discovered that the goods are unavailable and/or in our sole opinion are unsuitable for fitting to the vehicle. Please note that the removal/non fitment of non-dealer fitted accessories does not entitle you to cancel any finance or lease agreement you have already entered into.
10.1. If you wish to cancel your Order prior to delivery of a Vehicle you must notify us that you wish to do so in writing (and writing for these purposes may include by e-mail). Such cancellation will only become effective if we accept it. On receipt of your notification to us that you wish to cancel your Order, we will notify you in writing whether we are prepared to accept the cancellation and, if so, on what basis (for which see Clause 10.3 below).
10.2. If you fail to return any documentation we require within fourteen calendar days of us sending them to you, or fail to make any required payment within fourteen calendar days of our request for payment, or in any other way fail to fulfil your obligations under these Terms, we may consider that you wish to cancel your Order, and may accept such cancellation and act accordingly.
10.3. If we accept your cancellation under Clauses 10.1 or 10.2, we may return the Deposit (if we have not commenced the services) or otherwise retain the Deposit (in part, or in full, depending on the amount of reasonable and quantifiable services we have performed). A cancellation charge may be levied to reflect the Supplier's cancellation charge. Alternatively or in addition we may also levy a charge for reasonable and quantifiable administrative expenses incurred in processing your Order and all services related thereto.
11. DATA PROTECTION
11.2. We are registered on the Information Commissioner's Data Protection Public Register with Registration Number Z3333536.
11.3. We will only share your information solely for the purposes of these Terms and/or complying with our obligations hereunder.
11.4. You guarantee the accuracy of all information you provide, and the authenticity of all documents you provide.
12. LIMITATION OF LIABILITY
12.1. We provide a Vehicle sourcing service. The Supplier will typically carry out an extensive Pre Delivery Inspection of the Vehicle and we hope that you will experience no problems with the Vehicle. You acknowledge that we have not chosen or inspected the Vehicle and we do not give or make any express representation, warranty or term as to the quality, description, fitness for purpose or otherwise of the Vehicle. We will however seek to provide utmost help and guidance to you and shall act on your behalf in accordance with your Order and these Terms.
12.2. We may provide information relating to a Vehicle’s standard equipment, any manufacturer’s warranty, and any breakdown cover provided as part of such warranty. This information is provided on an informal advice basis only and we shall not be liable for any losses arising out of any inaccuracy in this information. You must satisfy yourself that the Vehicle is fit for the purposes for which you intend it, including verifying with the manufacturer the accuracy of any information on which you base your decision.
12.3. Subject to Clause 12.5, Pike & Bambridge shall have no liability to you:
12.3.1. for any loss or damage to your property;
12.3.2. for any personal injury, illness or death caused or suggested in connection with our engagement;
12.3.3. for any indirect or consequential loss or damage (howsoever arising);
12.3.4. as a consequence of the information provided by you and / or on your behalf being incomplete, inaccurate, illegible, out of sequence, misleading, missing, late or deficient in any respect whatsoever; and / or
12.3.5. any other failure attributable to you and / or a third party (including without limitation finance providers and manufacturers and suppliers).
12.4. Nothing in these Terms excludes or limits our liability for:
12.4.1. death or personal injury caused by our negligence;
12.4.2. loss or damage caused by fraud (including fraudulent misrepresentation); or
12.4.3. any other loss or damage for which liability may not legally be excluded or limited.
12.5. Subject to Clause 12.4, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of our obligations under these Terms shall in all circumstances be limited to £5,000.
13.1. Nothing contained in these Terms affects your statutory rights.
13.2. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.3. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
13.4. You may not transfer any of your rights or obligations under these Terms. We may transfer any of our rights or obligations under these Terms without your prior written consent to any business that we enter into a joint venture with, subcontract with, purchase, or are sold to.
13.5. The headings in these Terms are included for convenience only and shall not affect their interpretation.
13.6. Where a word or phrase is defined anywhere in these Terms, that word or phrase will have the meaning given to it in that definition wherever it is used throughout these Terms.
13.7. The cancellation of your Order will not affect any provision of these Terms which are by implication intended to come into or to continue in force on or after such expiry or termination, including those relating to liability, data protection and/or transfer of rights or obligations.
13.8. These Terms and any documents referred to in these Terms (including, without limitation, the Order Form) constitute the entire agreement between us and you and supersede any prior arrangement, understanding or agreement between us and you in relation to the subject matter of these Terms. These Terms will prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
13.9. We will exercise our right to statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 on any overdue amounts.
13.10. We may amend these Terms at any time. We will notify you in writing (which may include email) of such an amendment. Any notifications that are given or made under these Terms may be given to the addresses of the parties are set out in the Order Form or as otherwise notified by either party to the other in accordance with this Clause 13.10.
13.11. These Terms do not create any rights in favour of any person who is not a party to the Agreement. The Contract (Third Party Rights) (Scotland) Act 2017 and / or the Contracts (Rights of Third Parties) Act 1999 shall not apply.
13.12. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed as follows:-
13.12.1. Where you are a Scottish registered company and / or where You have Your principal place of business in Scotland, or are otherwise ordinarily resident in Scotland the contract and any non-contractual obligations arising out of or in connection with it shall in all respects be governed by and construed in accordance with the laws of Scotland, and the parties irrevocably submit to the non-exclusive jurisdiction of the Scottish courts (including in relation to any non-contractual obligations);
In all other cases, the contract and any non-contractual obligations arising out of or in connection with it shall in all respects be governed by and construed in accordance with the laws of England, and the parties irrevocably submit to the exclusive jurisdiction of the English courts (including in relation to any non-contractual obligations).