Terms and Conditions

Please take time to read the following important information. Please note that this information is in no way intended to replace the full terms of the Services Agreement and the Supplier Agreement set out below which you should read in full. We provide an intermediary service by which you can order Vehicles from third party Suppliers. You will therefore be entering into two separate arrangements: an agreement with Us to provide you with the intermediary services and an agreement with the Supplier to provide you with the Vehicle.

capitalcarfinance.co.uk is a trading name for Capital Car Finance Limited. You may contact us by emailing enquiries@capitalcarfinance.co.uk or in writing to Capital Car Finance Ltd, 15 Macon Court, Herald Drive, Crewe, Cheshire, CW1 6EA. Our telephone number is 01925 589020 or should you prefer to send a fax, you can do so on 01925 321100.

Purchase Order Confirmation

Were you to decide to order a Vehicle through Us, We would act as your intermediary to facilitate the transaction. Below We outline the terms and conditions that would apply were you to order a Vehicle through Us. By signing the purchase order confirmation, you agree to be bound by the Services Agreement and the Supplier Agreement applicable to your order without separately signing those agreements. Should you enter into a Finance Agreement, you will be entering into a separate agreement with a Finance Company governing the sale and finance of the Vehicle which will apply instead of the Supplier Agreement, but the Services Agreement will continue to apply to those aspects of the Services that are separate to the Finance Agreement.

Complaints handling

We are committed to customer service. Should you have any complaint about the Services, We are committed to resolving complaints in a fair and effective manner. Please inform Us by emailing enquiries@capitalcarfinance.co.uk or by writing to The General Manager, Capital Car Finance Ltd, 15 Macon Court, Herald Drive, Crewe, Cheshire, CW1 6EA, should you have any complaint about Our Services. We are committed to acknowledging your complaint within 2 working days of receipt and undertaking all reasonable efforts to resolving it promptly under the circumstances. We will provide you with a time scale for resolving the dispute and keep you regularly updated with respect to Our progress.

As described in the Services Agreement and the Supplier Agreement, We act as your intermediary in facilitating your purchase of a Vehicle from a Supplier. This means that in many circumstances resolution of your dispute may not be within Our control. As your intermediary, We will liaise on your behalf with Suppliers to ensure that your concerns are heard.

If your complaint relates to any issues that are specifically addressed by the Services Agreement or the Supplier Agreement, the specific terms and procedures set forth in those agreements will apply to your complaint. This includes but is not limited to any complaints concerning delays or the condition or Options of your Vehicle upon delivery.

If you would prefer Us to fax or e-mail you a copy of the agreement relevant to your purchase, please let us know. You can call our customer services team on 01925 589020.

SERVICES AGREEMENT

Please read the terms of this Services Agreement carefully, as it contains significant information about your rights and duties as Our customer. By signing the purchase order confirmation, you agree to the terms of this Services Agreement. It is very important to Us that you as Our customer understand and agree to the terms of Our relationship (so please read on). In the event of any inconsistency, your rights as a UK consumer prevail over the terms of this Services Agreement.

1 Introduction

1.1 you have visited the Site or contacted Us by telephone and wish to purchase a Vehicle using Our Services on the terms of this Services Agreement, which you accept and agree.
1.2 By agreeing to the terms of this Services Agreement, you authorise Us to act on your behalf to place an order for the purchase of a Vehicle from a Supplier and to arrange for delivery of the Vehicle on the terms of the Supplier Agreement.
1.3 This Services Agreement is concluded in the English language. We will retain a copy of this Services Agreement and We will provide you with a copy (which you should read and retain) when We send the purchase order confirmation to you.

2 Our Site

2.1 Our Site is a place for you to view from the comfort of your own home or work place details of Vehicles being offered for sale by Suppliers.
2.2 We will post details of various Vehicles on the Site with Our on-the-road prices and estimated delivery dates to the Supplier based on information We have received from Suppliers.
2.3 We are reliant on third parties, and in particular Suppliers, for the information provided on the Site and We neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site. We aim to resolve these with you once they come to Our attention, but you agree that We are not liable for any such error.
2.4 Although care has been taken to ensure the accuracy of the information provided in relation to the Services and on the Site, including information relating to Vehicles and estimated delivery dates, all information is provided without representation by Us.
2.5 The Vehicle models pictured on the Site are indicative of the model generally, and may include optional extras, and should not be taken as representing any Vehicle you may choose. As indicated below, should you decide to purchase a Vehicle, you should review the exact Options on the purchase order confirmation, as these will govern your purchase.
2.6 Although We strive to supply all Vehicles listed on the Site, because We source Vehicles from the open market certain Vehicles may not be available at certain periods and Vehicles that are in stock are sold on a first come, first served basis. The Supplier will not accept your order until We receive cleared funds in the amount of the required deposit in accordance with Clause 4 of this Services Agreement.

3 Ordering process

3.1 If you have indicated that you are interested in a Vehicle and that Vehicle is available, We will send you a purchase order confirmation. If the Vehicle you are interested in is not available, We will contact you to provide possible alternatives. The estimated delivery time in your purchase order confirmation represents Our best estimate at that time of the time it will take for the Vehicle to be delivered to your door. This is based on information provided by the Supplier and may be subject to manufacturer and other delays and you acknowledge that such delivery is likely to occur later than 30 days after you return the purchase order confirmation to us.
3.2 If you decide to purchase a Vehicle, you should review and sign the purchase order confirmation and return it to Us. By signing the purchase order confirmation, you will be agreeing to purchase a Vehicle from the Supplier with the Options and at the Price according to the terms of this Services Agreement and the Supplier Agreement. Please review these documents carefully before signing the purchase order confirmation, as they will govern your relationship with the Supplier and Us. You acknowledge that once We have commenced provision of the Services after receipt of your purchase order confirmation we will incur certain costs that will not be refundable in the case of a cancellation, even where the cancellation is allowed under Clause 7 of this Services Agreement.
3.3 Depending on the options requested and manufacturer requirements, a minimum deposit of £500 will be required. Should there be a requirement for an increased deposit you will be advised prior to signing the purchase order confirmation and the exact amount will contained within. We must receive your deposit payment at the same time as We receive your signed purchase order confirmation.
3.4 After We have received your deposit payment and a signed copy of the purchase order confirmation, but not before, We will place your order with the Supplier on your behalf. We will confirm receipt of these documents and the placement of your order by email to the e-mail address provided by you. We will not be liable to you for any refusal by the Supplier to accept your order, save that We will be liable to return your deposit.

4 Prices and Payment

4.1 All Vehicle prices quoted include VAT, number plates, 12 months Road Fund Licence and the First Registration fee. Should our Supplier vary any of these terms on a specific vehicles, you will be advised prior to signing the purchase order confirmation form and the exact details will be contained within. Please note that merchants' fees may be payable in addition to the Price in accordance with Clause 4.8 of this services agreement.
4.2 Prices on the website are for information purposes only and do not constitute an offer by us or the Supplier capable of acceptance by you. A contract will not exist between you and the Supplier for the sale of a vehicle until we have confirmed to to that the Supplier has accepted your order and that the Supplier has contacted you to confirm this directly.
4.3 The vehicle price will be valid for a period of 48 hours from receipt of our purchase order confirmation and you must return a signed version of our purchase order confirmation within this time period together with a holding deposit to secure the order and maintain the offer price.
4.4 By signing and returning the purchase order confirmation, you confirm that you have carefully reviewed the options and wish to purchase a vehicle with those options at the price stated in the purchase order confirmation. After you have signed and returned the purchase order confirmation, the options and price can only be changed by an amendment to the purchase order confirmation or in accordance with the Supplier agreement, and in cases where the vehicle options are agreed to be changed we will enter into an amendment with you. Any such amendment must be signed by you and returned back to us within 5 working days of the date it was sent to you.
4.5 We are authorised by the Supplier to receive payment on their behalf and payment of the balance due on the vehicle must be made within 5 working days of your receipt of the final invoice.
4.6 Payment must be made by either a bankers draft or bank transfer directly to the Supplier or alternatively to Capital Car Finance Limited whose bank is Abbey PLC (Sort code 09-06-66, Account number 42586493) (the "Account"). The Supplier will not accept your order until either they or us have received cleared funds into the Account in the amount of the required monies.
4.7 Deposit and final payments can be made via bank transfer to our account, or debit or credit card. Where fees are applied, particularly in the case of credit card, these will be passed onto you in addition to the Price. (Please note that prices on the Site do not include these merchant fees.) Where payment is made by credit or debit card the relevant consumer and credit legislation will apply. We and/or the Supplier will perform a validation check and authorisation check with the card issuer and the Supplier has the right to refuse your order where the card issuer refuses to authorise payment or where we or the Supplier have any other concerns about your payment.

5 Liability

5.1 Our role is that of broker to your purchase of the Vehicle and Our sole obligation is to pass the purchase order confirmation on to the Supplier and therefore We accept no responsibility for any loss incurred by you arising out of the contract between you and the Supplier and purported arrangements relating to the supply of any Vehicle, save to the extent that such loss is caused by Our negligent act or omission.
5.2 We do not guarantee the title, quality or performance of any Vehicle. We will bear no responsibility if you are not satisfied with the Vehicle purchased but will liase on your behalf with the Supplier if you have any complaint.

6 Delivery/Registration

6.1 We will arrange with you delivery of the Vehicle to your home or office in line with the type of delivery you have stated in your purchase order confirmation and the type you have paid for. While We will arrange delivery, the Supplier will typically undertake the actual delivery itself. In such circumstances We accept no responsibility or liability for any Vehicle not delivered in accordance with the delivery arrangements agreed with the Supplier, save where such failure to deliver in accordance with delivery arrangements is due to Our negligent act or omission.
6.2 If a delivery company or the Supplier increases the cost of transportation We will pass this increase on to you.
6.3 Deliveries are restricted to mainland UK and the cost of delivery is dependent on your delivery address relevant to the Supplier. If the Supplier is within 100 miles of your home, you agree that the Supplier may drive the Vehicle to you without your consent.
6.4 Local registrations are not possible.
6.5 If you choose to sell your existing transportation before you have taken delivery of your Vehicle We cannot be held responsible for any length of time you may be without transportation.

7. Cancellations

7.1 Under the consumer protection DSR (Distance Selling Regulations 2000) you have a right to cancel the use of our services for any reason without charge. This cancellation right begins on the date we agree to commence provision of our services (i.e. the "Acceptance Date") and ends on the expiry of the period of 7 working days beginning with the "Acceptance Date" (the "Cancellation Period"). However, this right will not apply if we have with your agreement begun to perform our services (i.e. secured acceptance with our lender) at any time during or after to the expiry of the DSR cancellation period.
7.2 If you decide to cancel the use of our services (i.e. secured acceptance with our lender) either during or after the expiry of the cancellation period and we have with your agreement begun to perform our services, then you will incur an administration fee for our services rendered of 2% of the balance to finance +VAT to a maximum of £500+VAT.
7.3 We will be entitled to cancel this service agreement if you materially breach any of its terms, including failure to make any payments when due. In such event you agree to forfeit your deposit and you will also be liable to pay any additional cancellation fees or costs that the Supplier may charge.

8 Acceptance of Vehicle

8.1 The rights set forth in the Supplier agreement will apply to acceptance of your vehicle and any rights you may have relating to your vehicle with respect to correction, compensation, or rejection.

9 Finance

9.1 Subject to your status, if after signing the purchase order confirmation you sign a finance agreement in relation to the vehicle, the terms of the finance agreement will replace the Supplier agreement. The standard terms of the finance agreement will be stated on the agreement form that you will be asked to sign prior to the making of the finance agreement.
9.2 The payment terms of the finance agreement will apply instead of Clause 4 of this services agreement. Any deposit paid pursuant to Clause 4 will be credited towards the deposit required under the finance agreement.
9.3 The withdrawal and cancellation rights of the finance agreement will apply instead of those contained in this services agreement and the Supplier agreement.

10 Data Protection

10.1 In the performance of this services agreement, We will collect certain personal information relating to you (such as your name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"), but We will not collect or process sensitive personal information relating to you (such as your political or religious beliefs, racial or ethnic origin, sexual life or health) without your explicit consent.
10.2 your personal information will be processed by Us for the following purposes (collectively "the Purposes"):
10.2.1 The performance of this services agreement and the Supplier agreement;
10.2.2 To check your credit record with any credit reference agencies and for fraud prevention purposes (which will include the supply of your personal information to third parties for such purposes) should you decide to apply for finance
10.2.3 capitalcarfinance.co.uk may use your personal information to keep you informed by post, telephone, e-mail or other electronic means about products and services which may be of interest to you. By providing us with your personal information, you consent to being contacted by these methods for these purposes. If you do not wish to receive marketing information from us, please notify us by e-mail at enquiries@capitalcarfinance.co.uk. You must state one of the following in your e-mail to us: • Please don't contact me except for capitalcarfinance.co.uk related product and services.
10.3 For the purposes, we may transfer or disclose personal information to our professional advisers and to such other parties as we consider necessary or helpful in the administration of this service agreement, the Supplier agreement and any finance agreement or if required by law or otherwise. Normally, the professional advisors or other parties will be based either in the United Kingdom or (if outside the United Kingdom) within the European Economic Area.
10.4 By entering into this services agreement, you consent to the processing and disclosure of the personal information. You also agree that the purposes for the processing may be amended to include other uses or disclosures of personal information following notification to you
10.5 We agree to keep all personal information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
10.6 If you wish to update or correct any inaccuracies in your personal information or if you have any other comments or complaints in relation to this service agreement or the purchase order confirmation please let us know by e-mail to enquiries@capitalcarfinance.co.uk
10.7 Use of cookies on our site
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are.
A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
Two types of cookies are used on the Site:
1 Session cookies which are temporary cookies that remain in the cookie file of your browser until you close the browser.
2 Persistent cookies which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.
10.8 How we use cookies and what information we collect

Session Cookies

• To allow you to carry information across pages of our site and avoid having to re-enter information. persistent cookies
• To help us recognise you as a unique visitor (just a randomly generated number) when you return to our site and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
• Within research surveys to ensure you are not invited to complete a questionnaire too often or after you have already done so.
• To track whether advertisements are clicked on by users. Third Party Cookies Third parties serve cookies via this site. These are used for the following purposes:
• To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our site. We cannot identify you personally in this way.
• To serve advertisements on our site and track whether these advertisements are clicked on by users.

10.9 Use of web beacons - Some of the pages on our site may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.
10.10 Disabling/Enabling Cookies - you have the ability to accept or decline cookies by modifying the settings in your browser, however, you may not be able to use all the interactive features of our site if cookies are disabled. For information about how to disable cookies in your browser please visit the about cookies website.

11 Warranties And Limitation Of Liability

11.1 your warranties are as set forth in the "Supplier Agreement".
11.2 Other than implied terms in favour of consumers under legislation, all other warranties, conditions and other terms implied by statute or common law are excluded from this services agreement. However, nothing in this services agreement is intended to limit or exclude Our liability for death or personal injury or for fraudulent misrepresentation or any liability that may not legally be limited or excluded.
11.3 We will not be liable for any loss of profits, anticipated savings, loss of future business, or damage to your reputation or goodwill, whatsoever arising from the performance of this Services Agreement.
11.4 Subject to Clause 11.2 of this services agreement, our total liability howsoever arising out of or in connection with this services agreement will be limited to the price of the vehicle supplied.

12 Force Majeure

12.1 Our performance under this services agreement will be excused if We are unable to perform due to any cause beyond Our reasonable control (including but not limited to any labour dispute, act of God, war, act of terrorism, riot, civil unrest, fire, flood, storm, or any computer or internet related failure, error or delay (including in your ability to access the Site).

13 Full Agreement

13.1 This Services Agreement (including any amendment to the purchase order confirmation) constitutes the complete agreement between Us and you with respect to the issues addressed herein and replaces and supersedes any other express or implied agreements between Us and you with respect to these issues. Any amendments or modifications to these terms must be in writing. For the avoidance of doubt, the Finance Agreement will be a separate agreement made between you and the Finance Company and the Supplier Agreement is a separate agreement made between you and the Supplier.

14 Notices

14.1 Any notice under this Services Agreement (including any amendment to the purchase order confirmation) may be given by first class post, fax or electronic mail to the address, fax number, notification via phone or electronic mail address last notified by the recipient.

15 Assignments and Novation

15.1 We may at any time without prior notice to you cause all or any part of Our rights, benefits and/or obligations under this Services Agreement to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which We transfer all or a significant part of Our assets by delivering to you a written substitution notice. 16 Complaints

16.1 If you have any complaint about our performance, please contact our customer services department by writing to Capital Car Finance Limited, Capital House, Fourth Avenue, Crewe, Cheshire CW1 6XL or by email to enquiries@capitalcarfinance.co.uk, who will look into the complaint and attempt to resolve it.

17 Governing Law and Jurisdiction

17.1 This Services Agreement is governed by English law and you and We hereby submit to the exclusive jurisdiction of the English Court.

18 Statutory/Third Party Rights

18.1 your statutory rights, including any rights you have as a consumer, are not affected by anything in this Services Agreement. Third party rights under the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.

SUPPLIER AGREEMENT

By signing the purchase order confirmation, unless Clause 10 below applies, you agree that in addition to the Services Agreement these terms and conditions will apply to your purchase of the Vehicle from the Supplier. In the event of any inconsistency, your rights as a UK consumer prevail over these terms and conditions.

1 Order

1.1 you have decided to purchase a Vehicle from a Supplier using Us to act as an intermediary on your behalf in accordance with the terms set forth in your Services Agreement with Us. Unless otherwise indicated, all capitalised terms used herein will have the same meaning as in your Services Agreement with Us.

1.2 By submitting a purchase order confirmation, you agree that these terms and conditions will apply to the Supplier's supply of the Vehicle.

1.3 We are authorised by the Supplier to seek orders for Vehicles and to receive payment of the Price on its behalf.

2 Vehicle Options and Price

2.1 The purchase order confirmation attach detailed Options and the Supplier will order the Vehicle in accordance with these Options. By signing and returning the purchase order confirmation, you confirm that you have carefully reviewed the Options and wish to purchase a Vehicle with those Options at the Price. After your signed purchase order confirmation is accepted by the Supplier, the Options and Price are fixed and may only be changed as follows:
2.1.1 if you request changes to the Options, the Supplier will make such changes where practicable. If it is not practicable to make the requested changes, you agree to accept the Options as originally ordered. Any amendments must be signed and returned to Us within 7 days otherwise the Price may vary or a delay to your order may result;
2.1.2 if, between the date the Supplier accepts your order and the date we notify you that the Vehicle is ready for delivery:
2.1.2.1 the manufacturer changes the Options or model year then you agree to accept the Vehicle with the changed Options or model year and to pay any increases to the Price caused thereby. However, if the increase is equal to or greater than 5% of the Price, you will have the option to either pay the increase or cancel the order and receive your deposit back in full. If you decide to cancel then the £150 cancellation fee referred to in Clause 7.2 of the Services Agreement will not be payable;
2.1.2.2 the manufacturer increases its price for the Vehicle for any other reason then you will be required to pay the price increase. However, if the increase is equal to or greater than 5% of the Price, you will have the option to either pay the increase or cancel the order and receive your deposit back in full;
2.1.2.3 the cost of road fund licence or the rate of value added tax increases then you will be required to pay the increased amount.

3 Payment

3.1 The Supplier agrees that payment for the Vehicle will be arranged through Our Account. The Supplier agrees that you will have satisfied your obligation to pay the Price of the Vehicle by paying it in accordance with those arrangements.

4 Delivery, Delays and Title

4.1 The Supplier agrees to use all reasonable endeavours to deliver the Vehicle to you within the time scale notified to you but time will not be of the essence in relation to delivery and the Supplier will not be liable to you for any delay in delivery.
4.2 Title to, and risk in, the Vehicle will remain with the Supplier until it is either collected by Us for delivery to you or delivered to you direct, whichever is the earlier.
4.3 you accept that on delivery the Vehicle may not be totally clean and may have suffered wear and tear as a result of the journey. You accept that the Supplier will not be liable for such wear and tear unless it was caused as a direct result of the Supplier's negligence.

5 Cancellations

5.1 The Supplier may cancel your purchase order confirmation if any of the following occurs:
5.1.1 the manufacturer ceases to make the type of Vehicle you ordered;
5.1.2 the purchase order confirmation has been formed upon the basis of a substantive error in relation to any term of the purchase order confirmation including a typographical or mathematical error with respect to the Price or Specification;
5.1.3 you materially breach any term of this Supplier Agreement, including failure to make any payments when due; or
5.1.4 you fail, within 14 days of being asked to do so, to nominate an address in mainland Great Britain for the Supplier to deliver the Vehicle to you.
5.2 you may cancel your purchase order confirmation if:
5.2.1 the Supplier materially breaches this Supplier Agreement; or
5.2.2 the manufacturer increases its price by an amount equal to or greater than 5% of the Price, as outlined in Clause 2.1.2 of this Supplier Agreement.
5.3 In addition, you have a right under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") to cancel your order for any reason without charge. This cancellation right begins on the date your order is accepted by the Supplier and ends on the expiry of the period of 7 working days beginning with the day after the day on which you take delivery of the Vehicle. Any monies you have paid will be returned. You will not have a right to cancel if the Vehicle has been made to your specification or clearly personalised. However, this would only apply if you wanted the Supplier to customise the Vehicle beyond the pre-defined manufacturer specific options available.
5.4 If you exercise your right under the Regulations to cancel your order after delivery of the Vehicle, you:
5.4.1 will at the Supplier's option either return the Vehicle to the Supplier at your expense or allow the Supplier to collect the Vehicle from you. If the Supplier elects to collect the Vehicle from you it will be entitled to charge you an amount equal to its direct costs of recovery; and
5.4.2 must keep the Vehicle in a good condition until it is either returned or collected, and this means that you may not increase the mileage shown on the Vehicle's odometer by more than 150 miles compared with the mileage at the time of delivery.
5.5 you must when the Vehicle is returned or collected provide to the Supplier the keys, V5 registration document and all other documentation and items supplied with the Vehicle.
5.6 If the Vehicle has suffered any damage which was not caused by Us or the Supplier, then you will still be entitled to cancel your order but We (on behalf of the Supplier) will be entitled to reduce the amount to be refunded to you following cancellation to compensate for the cost of repairing the damage and/or any reduction in the Vehicle's value.

6 Acceptance of Vehicle

6.1 you will inspect the Vehicle on delivery to check that it does not have any of the following: (i) (in respect of brand new Vehicles only) mileage in excess of 200 miles on the clock (unless you have waived this and are having the Vehicle driven to you); (ii) any damage; or (iii) missing options to the purchase order confirmation or any amendment thereto (as applicable). If any of the foregoing exists, you will inform Us immediately at the point of delivery, notate it on the delivery sheet and it will be corrected, except that if there is structural damage We will return the Vehicle to the Supplier for a refund of the Price.
6.2 Where a Vehicle is properly rejected under Clause 6.1 of this Supplier Agreement, We will arrange for collection of the Vehicle from you until which time you agree to keep the Vehicle in a safe and covered area.
6.3 Subject to any statutory remedies you may have, this Clause 6 sets forth your entire rights and remedies with respect to acceptance of your Vehicle.

7 Warranties, Liability and Indemnity

7.1 The Supplier warrants that the Vehicle:
7.1.1 is owned by the Supplier and the Supplier is entitled to freely sell it to you;
7.1.2 is of satisfactory quality;
7.1.3 is free from defects in materials or workmanship;
7.1.4 is not subject to any charges or other encumbrances;
7.1.5 complies in all respects with the Options unless the manufacturer changes the model specifications or model year, in which case the Supplier may supply the Vehicle with the changed manufacturer specifications or model year and may pass on any increase to the Price resulting there from to you in accordance with (and subject to) Clause 2 of this Supplier Agreement;
7.1.6 (in respect of brand new Vehicles only) is brand new and has not previously been driven (although may have necessary movement mileage); and
7.1.7 has not had any structural repair work carried out.
7.2 Without prejudice to Clause 7.1 of this Supplier Agreement, the Supplier further warrants that:
7.2.1 The manufacturer is the producer of the Vehicle for the purposes of the Consumer Protection Act 1987.
7.2.2 The Vehicle is free from defects in materials and workmanship for at least one year from the date of first registration and you will obtain the benefit of the manufacturer warranty. For the avoidance of doubt, this includes the right to reject the Vehicle to the manufacturer and obtain a replacement.
7.3 Any inspection of the Vehicle before delivery will not relieve the Supplier from liability under this Supplier Agreement (including Clauses 7.1 and 7.2 of this Supplier Agreement), whether or not such breach is identifiable on inspection.

8 Governing Law and Jurisdiction

8.1 This Supplier Agreement is governed by English law and you and the Supplier hereby submit to the exclusive jurisdiction of the English Court.

9 Statutory/Third Party Rights

9.1 your statutory rights, including any rights you have as a consumer, are not affected by anything in this Supplier Agreement. Third party rights under the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.

10 Finance

10.1 Subject to your status, if after signing the purchase order confirmation you sign a Finance Agreement with a Finance Company in relation to the Vehicle, the terms of the Finance Agreement will replace this Supplier Agreement. The standard terms of the Finance Agreement will be stated on the Finance Agreement form that you will be asked to sign.

The terms used above have the following meanings:

"Finance Company" Means the name of the finance means the company which makes the offer of credit to you;

"Vehicle" means a vehicle which you wish to purchase using Our Services;

"Options" means the options applicable to the Vehicle;

"Finance Agreement" means a financed agreement between you and the finance company governing the sale and finance of the Vehicle;

"Price" means the price for the Vehicle and associated costs as stated in the purchase order confirmation;

"Purchase Order Confirmation" means the purchase order confirmation which we will send to you which will include the vehicle details including the options, price, delivery charges (if applicable), estimated delivery date to the Supplier and other details specific to your purchase, e.g. breakdown of the finance costs and repayments;

"Services" means the intermediary services We provide to assist you to buy a Vehicle from a Supplier;

"Services Agreement" means the terms and conditions set out below which govern your use of the Services;

"Website" means the capitalcarfinance.co.uk website;

"Supplier" means the third party Supplier from whom We will order the Vehicle on your behalf;

"Supplier Agreement" means the Supplier's terms and conditions which will apply to your purchase of a Vehicle;

"We", "Our" and "Us" means Capital Car Finance Ltd Trading as capitalcarfinance.co.uk; and

"you" and "your" means you, Our customer.
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