Dealer Terms and Conditions
Marshall Leasing Terms & Conditions of Vehicle Supply
These terms and conditions exclusively govern the purchase of the goods set out in the Vehicle Purchase Order between Marshall Leasing of 1st Floor, The Forum, 8 Lancaster Way, Ermine Business Park, Huntingdon PE29 6XU (the Purchaser) and the supplying dealer (the Supplier) as stated on the purchase order and take precedence over any/all other terms and conditions. Your submission of a quotation to supply and/or acceptance of our Purchase Order signify your full and binding acceptance of these terms & conditions, which shall not be varied by reference to any verbal or written preliminary negotiations. No variation of these Terms & Conditions shall be valid unless made in writing and signed by a Director of the Purchaser.
Order Administration: All orders shall be submitted by the Purchaser electronically via e-mail attachment and must be processed by the Supplier within 24 hours [1 working day] of receipt. A reply e-mail acknowledging receipt of the order must be sent confirming anticipated build/delivery availability. The Supplier shall produce regular [minimum requirement is fortnightly] progress updates for all active orders clearly stating the Purchaser’s order reference, progress status [in layman’s terms, not coded], anticipated delivery and any reasons for delays where applicable. Within 24 hours [1 working day] of receipt of the vehicle into the Supplier’s stock, confirmation of that fact along with proposed delivery dates, registration and VIN details must be e-mailed to the Purchaser. Delivery to the agreed schedule is the essence of good service and the Supplier must act in the best interest of the Purchaser in processing and preparing the Goods.
Preparation and delivery are governed by these Terms & Conditions. Failure to adhere to the requirements of these Terms and Conditions could result in rejection/cancellation of the vehicle order, withheld or non-payment of all or part of the vehicle invoice and/or financial penalties commensurate with the loss and/or inconvenience caused to the Purchaser and its customer.
Preparation No personalised stickers, logos, badges or transfers should be affixed to any part of the Goods other than to comply with relevant Number Plate legislation. The Supplier must also supply/fit a full set of OEM Carpet Mats [Rubber for commercials], UK-style number plates and sufficient fuel to ensure a minimum 100 mile range at the point of delivery. The Goods must be prepared to the highest possible standards and a final audit of condition and completeness carried out by the Supplier before release for delivery. Any problems, which may delay delivery of the Goods or cause the Customer to reject the Goods, should be notified to the Purchaser immediately. Vehicles are to be registered effective from the agreed date of delivery. Subject to Automated First Registration limitations, earlier registration is specifically refused.
Delivery The Goods must be delivered without defect and fully compliant with Road Fund Licence legislation for immediate use. Delivery mileage must not exceed 100 miles unless authorised in advance by the Purchaser. Where delivery mileage is anticipated to exceed 100 miles the Goods must be delivered by transporter, either covered or including a quick wash-down immediately prior to handover. Delivery drivers must be of smart appearance and act in a courteous manner at all times. Smoking and the consumption of food/drink within the vehicle, in addition to the carriage of passengers, is strictly forbidden. Delivery of the Goods to the Purchaser shall occur when the Purchaser or our agent/Customer receives the Goods complete and in good order. All Goods are to be delivered to the Purchaser's premises or other location as agreed by the Purchaser, carriage paid, and until delivery takes place as set out above the Goods are at the Supplier's risk in all respects.
Handover Delivery is expected to include a detailed handover of the vehicle including but not limited to; explanation of the major controls and dashboard layout, how to connect a Bluetooth device, setting a Navigation destination [where fitted], all security features and refuelling/additive top-up. On completion of the handover the Delivery Acceptance Sheet must be completed and signed by the recipient as proof of satisfactory delivery. Any concerns identified must be immediately notified to the Purchaser before release of the vehicle.
Where instructed to collect a return vehicle, the Supplier will be responsible for its condition prior to collection by the Purchaser or its agent. The Return Vehicle Inspection Sheet must be completed and signed by both parties at the point of handover. Damage not recorded at the time of collection will be deemed the full responsibility of the Supplier and will result in refurbishment charges against the Supplier.
Rectification In the event that a vehicle is delivered in a sub-standard condition, missing items of specification or in an otherwise faulty condition the Supplier reserves the right to seek the most convenient method of rectification to minimise the inconvenience and disappointment to our Customer. The Supplier will ensure that all such matters are resolved quickly and satisfactorily and that all costs incurred in rectification will be covered directly or reimbursed in full. Rectification shall reasonably apply to matters raised within 48 hours [2 working days] of delivery, where the weather and/or lighting conditions at the time of delivery precluded proper inspection.
Amendments Any change to the quoted purchase price and/or vehicle specification and/or delivery schedule must be notified to the Purchaser in writing within 48 hours (two working days). Subject to any manufacturer “Price Guarantee” schemes the Purchaser reserve the right to cancel this order without penalty in the event that the Supplier should fail to meet this obligation.
Cancellation Orders are placed on the condition that the delivery as set out in the Purchase Order or as subsequently amended and agreed by both parties is maintained with time being of the essence. Without prejudice to any other remedy, any failure to deliver a part or the whole of the goods comprised in the Purchase Order shall give the Purchaser the right, partially or wholly, at the Purchaser's election, to cancel the order without any payment whatsoever in respect of the goods cancelled and to claim damages against the Supplier. Any waiver by the Purchaser of its right to cancel wholly or in part shall not prejudice or affect such right in respect of other cases of late delivery. The Supplier warrants that the Goods will conform to any specification and be fit for the intended purpose and comply in all respects with any statute, statutory rule or order having the force of law in England applicable when the Goods are delivered.
Without prejudice to any other remedy available to the Purchaser it may cancel this Order summarily by written notice and without compensation if the Supplier becomes bankrupt, has a receiving or administration order made against him or makes a composition or arrangements with or for his creditors or, being a Company, passes a resolution that the Company be wound up or if circumstances occur entitling a person or the Court to appoint a Manager or Receiver or make a winding up order as the case may be. These conditions shall be construed in accordance with English Law.
Payment Subject only to manufacturer “direct invoicing” terms which take precedence, payment terms are strictly 10 days following satisfactory delivery and are subject to receipt of a valid invoice including a detailed breakdown of the vehicle, extras and accessories along with a copy of the signed Delivery Acceptance Sheet, Return Vehicle Inspection Sheet as appropriate and a copy of the AFRL Proof of Registration.
Indemnity The Supplier agrees to indemnify the Purchaser against any loss/damage, whether financial or otherwise, arising from any faulty workmanship or faulty materials used by the Supplier. The Supplier shall indemnify the Purchaser against all claims for loss or damage suffered to the Purchaser's Goods whilst they are in the care, custody or control of the Supplier, his employees or agents. Where any work covered by the Purchase Order is carried out on the Purchaser's premises, the Supplier agrees to indemnify the Purchaser against any claim being made against the Purchaser and to reimburse the Purchaser in respect of loss of or damage to property and/or death or injury to persons resulting from the execution of this Purchase Order. The Supplier undertakes to comply fully with the provisions of the current Health and Safety at Work Act and any other relevant statutory requirements as well as the Purchaser's Works regulations as applicable
Data Protection From time to time it may be necessary that the Purchaser provide Customer and/or end-user (driver) details in regard to the purchase/delivery of a vehicle. You agree to use any Customer or personal data provided by us for the sole purpose of arranging delivery and/or collection of motor vehicles only. This data will at all times remain our property and will be returned to us on demand. You also agree to destroy any data provided once the purpose the data was provided for has been completed. You are strictly prohibited from sharing any data we provide without our express written consent and that you will treat any such data as confidential - IF IN DOUBT - PHONE MARSHALL LEASING ON 01480 414541.