Terms and Conditions of Supply

Where we act as an introducer to you a third party seller of vans then the sellers terms and conditions shall apply to your acquisition of a Vehicle or Vehicles. In this situation You form a contract with the third party seller for Your acquisition of a Vehicle or Vehicles. Our role is provide You with support through the various stages of the vehicle acquisition at no charge directly to You. At any time you can contact the seller directly to answer any question you may have and we actively encourage this for the avoidance of any doubt.

These terms and conditions relate to Our sale or hire of a Vehicle to You and contains all the terms of the Agreement between TrueVan.co.uk (“Us”, “We”, “Our”, “Ourselves”) and You the Customer (“You”, “Your”, “Yourself”). Specifically, these meanings shall apply where required:

“Quotation” A Vehicle description, price breakdown and any other relevant sale details We supply to You. This will be supplied verbally and may also be in writing to You

“Order Confirmation” We write to You about a Vehicle You have agreed to buy or hire which includes the Vehicle description, price breakdown and any other relevant sale details discussed beforehand between You and Us described as an Order Confirmation

“Vehicle” The vehicle subject of the Quotation or Quote and/or Order Confirmation

“Finance Application” A process of supplying relevant financial related information to a Lender so that the Lender may decide whether or not to lend money for the purchase of a Vehicle. This information will contain personal details about You, people connected to You who want to borrow money with You and will contain details about Your company if relevant

“Lender” A company that lends money for the purchase of vehicles which usually are a bank or finance company or leasing company

 “Deposit” A sum of money You pay to secure Your Vehicle Order with us

“Part Exchange Sale Request Form” Your full written description of the vehicle You are selling to Us which We use to value your vehicle

“Part Exchange Vehicle” A vehicle You are selling to Us and are using the proceeds of that sale towards the cost of Your new Vehicle with Us

 “Supplying Dealer” A company who prepare, sell and deliver vehicles and these companies may be the manufacturers agents

 

1. What We Do

1.1. We are a broker. That means we use our knowledge and contacts to locate a Vehicle and financial products and services which may match Your requirements as you have described to Us.

1.2. We may also make you aware of certain other related products that could be of benefit to You.

1.3 Due to the nature of our business we speak daily to a high volume of business owners. We cannot possibly fully understand the exact requirements of each customer in their acquisition of a Vehicle. The following terms aim to explain clearly Your responsibility to ensure Your new Vehicle will fulfil Your needs and that You take full responsibility to understand all aspects of acquiring Your new Vehicle and by using the Vehicle You accept full responsibility how it will affect Your business and Your personal usage.   

2. Quotation

2.1. You take full responsibility in supplying Us with Your full exact requirements for a Vehicle upon which You ask Us to Quote. It is then that we will provide You a Quotation based upon Your needs. Provided the Vehicle delivered matches Our Quotation and/or Order confirmation we shall not be liable to You for any loss You may subsequently suffer due to the absence of one or more Vehicle features that You may have required.

2.2. You accept that You have done Your own research in selecting Your Vehicle and that We have not made the decision of which Vehicle You should acquire. We do not make any reference as to the quality, description, fitness for purpose or any other function of the vehicle, other than to the extent we are legally required to do so.

2.3. You accept that You have done Your own research in selecting the most suitable financial package in order to fund the acquisition of Your Vehicle from us. You confirm that You have sought Your own financial advice, including discussions with Your accountant, tax professional or other qualified financial professionals in order to make Your decision on which financial product to choose in acquiring Your Vehicle with Us. We may talk generally about different financial products available to fund the acquisition of vehicles but this is in order to identify which financial product You have independently chosen.

2.4. From the time a vehicle is designed, developed and put into production, manufacturers will change a vehicle specification during the years in which that vehicle is in production and quite often will not make these changes public knowledge for weeks or months after the change in Vehicle specification has taken place. When making Your choice of Vehicle You confirm You are fully aware of this activity by manufacturers. If we provide information relating to the standard equipment or specification of a Vehicle, or any warranty and/or breakdown cover from the manufacturer, then it is purely for indication purposes only. From Our indications given to You and other knowledge you may have about a Vehicle, You must then seek Your own independent advice and satisfy yourself that the Vehicle is fit for the purpose You intend for that Vehicle. For the removal of any doubt, we request You satisfy Yourself the Vehicle is fit for purpose by speaking to the manufacturer direct before making Your final decision of which Vehicle specification to acquire. In the event of an equipment or specification change to the Vehicle delivered to you, which is different to what You expected at the point of Order Confirmation, then We shall not be liable to You for any loss you may incur or cost of any rectification work or cost of any additional equipment or cost of any modification work to be carried out to the Vehicle.

2.5. Whilst We aim to ensure all of the information We provide on our Quotation is correct, errors & omissions are specifically excepted.

2.6. We may need to withdraw a quote or an Order Confirmation We supply to You if a manufacturer changes their prices or the cost of borrowing changes or there is some other material change before the Vehicle is supplied to You and We reserve the right to do this at any time.

2.7. Be aware that any financial package or product You choose may contain repayments or rentals or charges that may vary from time to time. You should read carefully the terms and conditions from the Lender before entering into a contract with them.

2.8. Should You be entitled to and receive a greater manufacturer discount than in the terms quoted by us then we reserve the right to invoice you for that additional discount.

2.9. Our vehicle images are purely to assist customers in the early stages of choosing an approximate vehicle size for their particular needs. Our vehicle images may not portray the exact model You are seeking to acquire.  Other than using our images for approximate vehicle size You should not therefore place any reliance upon those images in Your Vehicle acquisition process.

2.10. You accept that we are wholly reliant upon the manufacturers agents or third parties for the supply and delivery of Your Vehicle to You. As such any delivery timescales are for indication purposes only. We will not be liable to You for any costs arising out of delays in delivery to You for matters outside of our control such as manufacturing delays, the fitting of any additional equipment or in the arranging delivery of the Vehicle to You.

2.11. We sometimes offer vehicles that are new but described as “Pre Registered”. This means that You would not be the first registered keeper but the second registered keeper. Extra discount is usually achieved for You by pre registering vehicles. The documentation you receive from us will however demonstrate You were the first user and/or first owner of the Vehicle from new. Be aware also that in some cases the V5 vehicle registration document will not be sent to You for up to 11 months after the Vehicle is delivered to You and the Vehicle will not be registered to You during at least this 11 month period.

3. Finance Application

3.1. You guarantee the accuracy of and grant us authority to disclose personal information about You, people linked to the Finance Application with You and/or Your business, to one or more Lenders for the purpose of considering Your Finance Application.

3.2. Your Finance Application may be subject to a process called credit scoring in order to decide whether to grant You credit. Should Your application be refused then you are entitled to ask the Lender why and this may include asking to look at the credit scoring process.

3.3. All Lenders we submit Your Finance Application to will conduct a search with Credit Reference Agencies. This search will remain as a record which other Lenders can see when assessing any future credit application You or other members of Your household or people or companies stated on the Finance Application may make. All Lenders also carry out checks with Fraud Prevention Agencies in order to identify and prevent any possible fraud.

3.4. Where Finance Applications are made in a company name, Lenders will carry out a search with Credit Reference Agencies and Fraud Prevention Agencies on the company directors, partners or principle individual or individuals in control of the company named on the Finance Application.

3.5. In disclosing information about any other person who will appear on a Finance Agreement with You, whether they be a co-applicant or guarantor or in any other capacity, You confirm You are authorised to disclose this information to us. Furthermore You will indemnify Us against any loss we may incur, however caused as a consequence of the Finance Application being made.

3.6. You accept the Lender may disclose relevant information to Us in relation to You, a co-applicant or guarantor or Your company for the sole purpose of progressing Your Finance Application.

3.7. You are legally entitled to any information held by Credit Reference Agencies and Fraud Prevention Agencies, Us and any Lender. If You wish to access this information then please contact Us.

3.8. You should be aware that finance is granted on Your ability to repay and in some cases Lenders will request a personal Guarantee of a company director or person closely associated with the running of that business.

3.9. By signing a Finance Agreement You agree to be bound by the terms and conditions of that Finance Agreement. In the process of making a Finance Application You acknowledge that we may also impose certain other terms and conditions which we will make clear to You before commencing the Finance Application. 

3.10. You agree to provide any other information requested by a Lender for them to consider Your Finance Application.

3.11. You agree to supply any information We or any Lender may request in order to comply with anti-money laundering legislation or fraud prevention.

4. Vehicle Order

4.1. By accepting our written Order Confirmation You are ordering the Vehicle as specified in Our Order Confirmation and in accordance with these terms and conditions.

4.2. We will require a Deposit to be paid by You to secure Your Vehicle Order and the amount of the Deposit will be notified to You prior to taking Your Vehicle Order

4.3 We will only agree to amend a Vehicle Order provided We agree to the amendment in writing to You.

4.4. We assume any employee committing Your company to a Vehicle Order has Your full authority to do so and this will be evidenced by Your company paying the initial deposit to secure that Vehicle Order.

4.5. We will only proceed with Your Vehicle Order once any Finance Application has been agreed by the Lender.

4.6. You warrant that the Vehicle is solely for Your personal and company use and not to resell for profit. If We discover Your warranty to be untrue then We may give You notice to cancel Your Order. You will then be liable for any cancellation fees due under Clause 6 and You agree to indemnify Us against any loss We may incur as a result of Your failure to comply with this clause.

4.7 You fully commit to understanding the entire process we describe to You specifically in relation to any pre registering of Your Vehicle and delivery of the V5 to You which could be up to 11 months after delivery of the Vehicle to You. You confirm You have carefully considered all implications and accept full responsibility for what pre registering may mean to You in relation to but not limited to road traffic offences parking fines unpaid toll charges any charges liens any other liabilities and fully informing Your Vehicle’s insurers of the entire Pre Registration Process.

5. Delivery Timescales

5.1 You accept in placing Your Vehicle Order with Us that We will use our skill, knowledge and experience to locate the most appropriate Vehicle to match Your needs at the best price for You. You also accept We will rely upon third party suppliers in order to prepare, register and deliver Your Vehicle to match Your needs.

5.2  Where Your Vehicle is new, You accept that the manufacturer may choose to delay placing Your Vehicle into production until they have sufficient similar vehicle orders or Your Vehicle may be delayed in being transported to the third party supplier, by the manufacturer, for some other reason.

5.3  You accept that We have no control over the actions of our third party suppliers or the actions of the manufacturer.

5.4 Any delivery timescale provided by Us is for indication purposes only and You shall not make any commitment, financial or otherwise to any third party for the fitting of additional equipment sign writing and/or other work to the Vehicle based upon delivery timescales provided by Us.

5.5 In the event that Your present vehicle has either failed to operate or soon to fail to operate then You shall not place any reliance upon our delivering Your Vehicle within the timescale indicated by Us.

5.6 You agree to put in place and be fully prepared to use, Your own contingency arrangements to fulfil Your own temporary vehicle transportation requirements in the event of any delay in delivery of Your Vehicle from Us, beyond the delivery timescale indicated by Us. You agree to meet all such contingency arrangement costs Yourself.

5.7 In the event of a delay in the delivery of Your Vehicle beyond the timescale indicated by Us, You will not hold Us liable for any additional costs You may incur however they may arise.

6. Cancellation

6.1. Should You wish to cancel Your Order before delivery then You must notify us in writing not less than 5 days before the delivery date advised by Us.

6.2. In the event that You do not return documentation within 10 days of our final date for returning these documents or You do not make a payment within 10 days of our final date for paying Us, or in any other way do not fulfil Your obligations under these Terms and Conditions, We may take it that You wish to cancel Your Order. Cancelling Your Order will then mean You are liable for charges under Clauses 6.3 & 6.4.

6.3. If We cancel Your Order under Clauses 6.1 or 6.2, You will at forfeit Your Deposit and in certain circumstances may choose to vary the cost to You at our discretion.

6.4. Should we incur additional costs as a result of Your cancellation then we will request You pay these charges to Us.

6.5. Any charges detailed under Clause 6.4 will be payable by You to Us separately to charges detailed under Clause 6.3.

6.6. Any amounts due under Clause 6 will be payable upon 7 days of our written request.

6.7. Where You exercise Your right to cancel under relevant current government legislation, then that legislation may over ride some of these terms and conditions. 

7. Part Exchange Vehicle

7.1 A Vehicle which we have agreed to take as part payment towards Your new Vehicle. Your Part Exchange Vehicle may used to reduce the price of Your new Vehicle if you are paying us cash or it may be used in payment towards a deposit or an advance rental if You choose to borrow money on a finance agreement to pay for the Vehicle.

7.2. We are buying Your Part Exchange Vehicle in good faith and We may provide a valuation based solely upon Your description and photos that you supply. We will ask You to complete fully our Part Exchange Sale Request Form. It is essential that You provide any and all material facts that will affect the vehicle’s price. This includes any history of damage repaired or damage still present to mechanical, interior, bodywork, wheels, tyres and glass components, no matter how small. For the avoidance of doubt, even the smallest dent, scrape, scratch, tear, cut, equipment not working, even slightly, incorrectly or inconsistently, unusual noise from a mechanical component, fluid leak of any type, overheating, poor starting or running incorrectly, not driving in a normal or not driving in a usual manner or any other abnormal aspect for a vehicle, of that age and mileage, or has not been colour changed from manufacture or has not been the subject of a registration number change, then You should clearly state this as a material fact on our Part Exchange Sale Request Form. If You are in any doubt what constitutes a material fact then You must talk to Us so we can properly asses the issue before a sale price is agreed.

7.3 You confirm Your Part Exchange Vehicle is free from any finance agreement or charges or other liens or encumbrances or has not been identified as stolen with the police or with an insurance company or has not been subject of an insurance total loss claim or has not been scrapped or unscrapped or has not been VIC inspected

7.4 When We sell this vehicle later You will indemnify Us against any loss due to our inability to sell the vehicle or due to a reduction in price we have to sell the vehicle for should You have omitted or under stated or over stated any material fact relating to the performance or condition of the vehicle in relation to clauses 7.2 and 7.3

7.5. We will request you supply an invoice to us for the sale of Your Part Exchange Vehicle

7.6 Before we purchase Your Part Exchange Vehicle it should be:

  1. a) delivered to an address of our choosing and before we deliver the new Vehicle to You
  2. b) in the as described by You condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery. At Our sole discretion we shall then determine whether the Part Exchange Vehicle’s condition is as described by You. As a reference, the BVRLA’s Fair Wear & Tear Guide will be used to determine what constitutes fair wear and tear and reasonable mileage.

7.7. If Your Part Exchange Vehicle is not as described by You then we will either:

  1. a) agree a reduced sale price with You which You will immediately pay to Us, or
  2. b) We will refuse to buy Your Part Exchange Vehicle and You may be required to pay the full deposit, advance rental, advance payment or purchase price of Your New Vehicle, without the benefit of the Part Exchange Vehicle value.
8. Hire of a Vehicle

    8.1 In the unlikely event we deem it necessary to hire a vehicle for You then we will choose which vehicle hire company to supply the hire vehicle to You.

    8.2 You agree to fully comply with the terms and conditions of the vehicle hire company

    8.3 You agree to enter into a legally binding rental agreement with the vehicle hire company directly and pay the vehicle hire company direct

    8.4 You agree to make Your own arrangements to collect and return the hire vehicle to the vehicle hire company

    8.5 You agree to send Us a full VAT invoice equal to the vehicle hire normal and fair usage costs for which we will reimburse You at our sole discretion.

    8.6 In the event the vehicle hire company require you to pay for any damage or any excess mileage charge or neglect or fine or any other charge or lien or any other encumbrance as the result of Your hiring the hire vehicle then You agree to pay the vehicle hire company direct and at Your own expense  

    9. Collection or Delivery of the Vehicle

    9.1 We will only deliver or allow You to collect the Vehicle only after we have received either cleared funds directly from You or from a third party lender at least 2 working days before the pre agreed Collection or Delivery date

    9.2. We will deliver the Vehicle to an address of Your choosing in England, Wales or Scotland but reserve the right to charge extra for delivery at our sole discretion. We do not deliver to any island off the UK mainland.

    9.3. Your Vehicle will be driven to Your delivery address unless we advise otherwise in order to keep the cost to You to a minimum. Please note Your Vehicle will have reasonable delivery mileage and any mileage done by the manufacturer in the factory and any mileage in transportation from the factory to the supplying dealer.

    9.4. Once the vehicle arrives at Your chosen address You accept full responsibility for checking in detail every part of the bodywork, wheels, glass, trim, lights, interior and load bay area. You should check all components work to Your satisfaction and that the vehicle drives as You would expect it to. You should also check to ensure the wheelbrace, jack, any locking wheel nuts, AdBlue top up funnel and user manuals, including service history book, are present in the glovebox.

    9.5 In the event of any defect or any items missing from the Vehicle, then whilst the delivery driver is still present, You will take full responsibility to report fully the defect and/or missing items on the delivery advice and sign for them on the advice. You agree to take photos to clearly document the defect and/or missing items and You should encourage the delivery driver to take the same photos.

    9.6 In the event of any defect or missing items on the Vehicle You will take full responsibility to telephone Us directly, immediately whilst the delivery driver is still present and text photos of the defects immediately, if requested by Us.

    9.7 If You appoint another person to take delivery of the Vehicle in Your absence then You accept full responsibility, in the event the person taking delivery does not identify any defect and/or any missing item on the Vehicle and therefore not reporting any defect and/or any missing item on the delivery advice.

    9.8 You accept failure to comply with Clauses 9.4, 9.5, 9.6 and 9.7 will severely restrict our ability to claim the cost any rectification work required to the Vehicle from the supplying dealer and will almost certainly result in Your forfeiture of any claim for said work.

    9.9 Once your order is delivered as a consumer you have a right to cancel Your order up to 14 days after delivery.

    9.9 (a) It is essential you maintain Your Vehicle as per the manufacturers recommendations. Full details of which are contained within the manufacturers handbook supplied with the vehicle, which is usually stored in the glovebox. For the avoidance of doubt if You need to understand how to maintain Your Vehicle correctly but relevant information is not present in the Vehicle, then You should consult the manufacture’s website or contact the manufacturer directly. Planning for in advance and carrying out maintenance fully, to the manufacturers recommendations, is essential in order to gain the best use out of Your new Vehicle, in our opinion.

    10. Road Traffic Acts, fines and charges

    10.1 You take full responsibility for the Vehicle immediately upon delivery to You for any and all legal requirements or breaches thereof relating to You or persons You appoint in the operation, use, or possession of the Vehicle, including but not limited to, the Road Traffic Act 1988, the Road Traffic Offenders Act 1988, the Road Traffic Regulations Act 1984, the Road Traffic Act 1991, the London Local Authorities Acts 1990 to 2004, the Road User Charging (Charges and Penalty Notices) Regulations 2001, and the London Local Authorities and Transport for London Act 2003.

    10.2 You accept full responsibility to pay immediately, upon receipt, directly to the person issuing any fines, penalties, charges, liens, costs or any other liabilities that may arise in relation to the Vehicle and You will indemnify Us on our request for any fines, penalties, charges, liens, costs or any other liabilities that may arise in relation to the Vehicle. If we choose (without any obligation) to pay such sums You will reimburse Us within 7 days of our demand.

    11. Complaints Process

    Our primary aim is to meet Your requirements so that you receive the best Vehicle for Your purposes, at the best price possible. If we fall short of this, then please talk to us. We welcome your feedback. You can either call us on our main number, on the heading of our website or via the contact us button on this website and we will respond to you within 7 working days. We will then aim to resolve your complaint or have a planned process to resolve your complaint, in place within 30 days of your initial complaint to Us.

    12. General

    12.1. In the event of a misunderstanding these terms will apply over any other form of words to describe terms or conditions. We may choose to vary these terms but they will need specific written amendment and directly from the owners of TrueVan.co.uk. No other party is authorised to amend these terms and conditions.

    12.2. If We describe an item in the singular when clearly it should have been plural or vice versa then we reserve the right to amend our description at any point and shall not be bound by this oversight.

    12.3. Any statutory provision shall be referred to as amended or re-enacted.

    12.4. We use headings to assist in the reading of these terms.

    12.5. Should any of these terms and conditions be deemed unenforceable, then only the specific term in question shall be unenforceable. The remainder of these terms shall remain valid and in full force. 

    12.6. You have Your full statutory rights and nothing in these Terms and Conditions shall in any way affect your statutory rights.

    12.7. Should You delay making payment to Us then we reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on any overdue amounts.

    12.8. We reserve the right to amend these Terms and Conditions at any time and upon written notification to You.

    12.9. These Terms and Conditions apply only to persons or bodies who are party to this Agreement. These Terms and Conditions do not produce any rights in favour of any person who is not a party to this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply.

    12.10. Should it be necessary for Legal proceedings to be commenced then English Law will apply. We may still choose to commence proceedings in a Scottish Court under Scottish Law. You agree that we will choose which Court to issue proceedings in.

    12.11. For the sake of clear understanding, all communication shall be carried out at all times in English.