Terms and Conditions

In these terms and conditions: “Seller”, “we”, “our” or “us” refers to FleetFinders (Leasing) Limited; “Customer”, “Buyer”, “you” or “your” refers to the customer or broker information provided above; “Manufacturer” or “Supplier” refers to the manufacturer or supplier of the vehicle the subject of this agreement; “Goods” means all vehicles as defined, or other things to be sold by the Seller to the Customer.

All goods sold by the Seller (“the Goods”) are sold on the following basis:

Introduction

FleetFinders (Leasing) Ltd is a vehicle sales business specializing in new commercial LCV and HGV vehicles. FleetFinders (Leasing) Ltd is a registered company in the UK, company registration number 13153009, and is based at Unit 1 Gannex Park, Dewsbury Road, Elland, HX5 9AF.

We take data protection seriously and are registered with the Information Commissioner’s Office on the Data Protection Register – Registration Number ZA913009. We are an introducer Appointed Representative (IAR) of AFS Compliance Ltd which is Authorised and Regulated by the Financial Conduct Authority (FCA) under firm number 625035. FleetFinders (Leasing) Ltd has permission to introduce prospective finance clients to Full Circle Asset Finance Ltd who is also an AR of AFS Compliance Ltd and an independent asset finance brokerage not a lender. We are not independent financial advisors and are unable to provide you with independent financial advice.

Regulators

FleetFinders (Leasing) Ltd (FRN: 946588) and Full Circle Asset Finance Ltd (FRN: 943973) may receive payment(s) or other benefit from the finance provider if you decide to enter into an agreement with them. Both companies are Franchisee of Asset Finance Solutions (UK) Ltd.

Complaints

At FleetFinders (Leasing) Ltd, we are committed to providing the highest standards of customer service. If you feel that our service has not met your expectations, we want to hear from you so that we can investigate your concerns and work towards a fair resolution. Please refer to our Complaints – AFS for further information. To submit a complaint, email complaints@fleetfinders.co.uk or send in writing to FleetFinders (Leasing) Ltd, Unit 1 Gannex Park, Dewsbury Road, Elland, HX5 9AF. Once we have received your complaint, we will acknowledge it and endeavour to provide a response within 14 working days. If, for any reason, we require additional time to investigate your complaint, we will keep you informed of our progress and provide an updated timescale.

Vehicle Accuracy

Before signing this order form, please ensure that the vehicle you are ordering is correct, with the specifications required and suitable for your needs. FleetFinders (Leasing) Limited holds no liability if you order a vehicle that you later find is not suitable for you or your customers’ needs.

Errors and Omissions (E&OE)

Whilst FleetFinders (Leasing) Ltd takes every reasonable care to ensure that all information, specifications, descriptions, pricing, images, vehicle details and availability are accurate and up to date, errors and omissions may occasionally occur. All vehicle specifications, prices, finance illustrations and other information published on our website, advertisements, quotations or other marketing materials are subject to correction without notice and do not constitute a contractual offer.

FleetFinders (Leasing) Ltd reserves the right to correct any clerical, typographical, pricing or administrative errors at any time prior to the completion of a sale or lease agreement. In the event that an error is identified, we will notify the customer as soon as reasonably practicable and provide the correct information. The customer will then have the option to proceed on the revised terms or cancel their order without penalty.

Nothing in this clause affects your statutory rights or excludes liability where such exclusion is prohibited by applicable law.

Pre-Registered Vehicles

Some vehicles will be pre-registered, to secure a fleet discount. The vehicle will not have been used prior to delivery to you so will still be in an ‘as new’ condition. The vehicle warranty will run from the day of first registration, and our prices reflect pre-registered vehicles. If you are unsure if the vehicle you are ordering is pre-registered or first registered, please contact us before signing this agreement.

Some pre-registered vehicles may be subject to a V5 logbook retention period. The vehicle may be registered into a fleet company for the first 12 months before being transferred into your or your customers’ name, making your or your customer the second keeper on the vehicle. Please check whether you or your customer is the registered keeper of the vehicle before signing the agreement and ensure you are adequately insured. Fleet Finders Limited holds no liability in ensuring you or your customer adequately insures their vehicle, however if you are taking the vehicle on finance the vehicle must be fully comprehensively insured.

Should we receive any penalty fines during the time we are registered keepers of the vehicle you are responsible for making payment and the fine will be represented back to you. Alternatively, if preferred Fleet Finders will pay the fine on your behalf and invoice you directly for the penalty, plus a £25 administration fee to cover our costs. If payment is not received within a timely manner, it will be passed onto our collection agents. At this stage further charges may be incurred.

Delivery

Where free delivery is offered this will always be driven by third party movement companies. We do not use transporters. Once you or your customers vehicle arrives, they must check it over carefully, if there are any issues or damage in transit, they MUST notify the delivery driver and make sure it is marked on the handover paperwork/electronic device. If they sign to accept they are happy with the condition of the vehicle, then Fleet Finders Limited are unable to rectify or compensate any issues later as the movement companies or manufacturers will not accept retrospective claims.

Our delivery service is a driven delivery and chargeable postcode to postcode. This means that the cost of delivery is calculated using the distance between the supplier postcode and the delivery postcode. A driven delivery refers to a delivery driver manually driving your customer’s new vehicle on UK roads which will result in miles being added to the odometer. Depending on the location of the supplier, and the delivery location, this could equate to several hundred miles. Several of our suppliers offer free delivery to England and Wales, if this is the case then this will be passed onto you. All deliveries to Scotland are chargeable which will be calculated using the distance between the supplier postcode and the delivery postcode.

We use experienced professional delivery teams from across the UK to carry out this service. In most instances, delivery drivers will set off early in the morning to deliver the first of two or three vehicles that day. Between delivery and collection of the next vehicle they are required to deliver, they rely on public transport. Should there be any adverse weather conditions, train strikes, rail network delays, road accidents or road closures, this could impact your delivery date and time and could cause a delay. In these circumstances, we request your understanding and patience whilst we re-arrange delivery with you, aiming to achieve a new delivery within 48 hours of the original delivery date. We accept no responsibility or liability for any delays in delivery of your new vehicle.

We do not advise that you or your customer book any signwriting or vehicle accessories to be fitted to the vehicle until it has arrived. We do not accept any responsibility or liability for failed appointments, cancellation charges or loss of profits due to a vehicle delay.

The place of delivery shall be the Seller’s premises specified herein or elsewhere as agreed in writing between the parties here to. The Seller shall not be liable to the Customer for any non-delivery or delay in delivery (whatever the cause of either) nor for any damage or loss caused thereby. In the event of the Seller being unable to deliver the Goods or any reasonable replacement therefore requested by the Customer for any reason whatsoever, either the Seller or the Customer shall be at liberty in writing to terminate this contract and in this event the Seller shall return any deposit paid by the Purchaser, without any further liability on the part of the Seller.

Deposit & Returns

At the point of order, we will request a non-refundable deposit to secure the vehicle, for LCV’s the deposit to be paid is £1,000 and for HGV’s is £5,000. If a vehicle is cancelled after signing the agreement this deposit will not be refunded under any circumstance. If you cancel your order within 72 hours of your booked delivery slot, you accept to make an additional payment of £500 +VAT cancellation fee plus all abort fees charged to us by the logistics company. All costs for aftermarket accessories that you have ordered, such as ply-lining, towbars, etc. and any bespoke build costs such as chassis conversions will be payable in full within 5 working days of the cancellation regardless of if they have been fitted to the vehicle.

If you choose to cancel the order after the vehicle has been registered, you are liable for the full cost of the vehicle at the discretion of FleetFinders (Leasing) Limited.

Insurance

From time to time, vehicles may be swapped by our suppliers which means the registration and chassis number may be different to the ones we originally provided during earlier stages of the order process. We advise that you or your customer does not insure their vehicle until the vehicle delivery date is confirmed so we can be certain that no additional changes will be made, at that point arrange insurance at your soonest convenience. We accept no responsibility or liability for any administration fees charged by an insurance company to amend or change the registration or chassis number on your customer’s new vehicle.

FleetFinders (Leasing) Limited are a broker, not a manufacturer or dealer and cannot be held responsible for manufacturing or delivery delays. At the point of ordering, we will provide the best delivery estimates from the dealer, these can change at any time and FleetFinders (Leasing) Limited cannot affect these dates or be held liable for financial losses incurred as a result of a delayed delivery date.

Owner’s Service Statement of Warranty

(i) New goods of the Manufacturer to which an Owner’s Service Statement applies are sold subject to and with the benefit of the Owners Service Statement which gives details of the service facilities available to the Customer free of charge and copies of which are available at the office of the Seller. (ii) New Goods to which the Owners Service Statement above does not apply are sold subject to, and with the benefit of the conditions of sale in so far as not inconsistent herewith and warranty (if any) of the manufacturer (or the concessionaire for the Goods in the United Kingdom or other supplier to the Seller, as appropriate) copies of which are available at the office of the Seller. (iii) Used Goods are sold subject to such express warranty (if any) as agreed in writing between the parties. The mileage shown on the milometer of used vehicles is not guaranteed and should not be relied on as indicating the actual mileage run by the vehicle concerned.

If vehicle is outside of manufacturer warranty, they are sold with no other warranty unless otherwise stated. Vehicles are sold as seen, we hold no responsibility regarding the condition, fitness for purpose, or suitability of the vehicle. The warranties set out or referred to above are additional to all conditions and warranties by law except as mentioned below.

Non-consumer sales only. In the case of non-consumer sales of goods not ordinarily bought for private use and sales to trade purchasers the implied statutory conditions as to quality and fitness shall not apply to the extent that these conditions may be negated by contract.

Capacity of Seller

The Seller contracts as a principal and not as an agent of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods.

A quotation is not an offer and may be withdrawn without notice. Any order given in respect of a quotation is not binding on the Company until accepted by it in writing. All offers of goods from stock are subject to the goods remaining unsold at the time of the receipt of order. Drawings, weights, dimensions and descriptive matter published or referred to by the Company are intended to present only a general description. Their subject matter may be altered, corrected, or cancelled at any time without notice to the Customer and they shall in no circumstances be deemed to be incorporated in or form part on the contract.

The Seller shall under no circumstances whatsoever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the supply of the goods; and The Sellers total liability in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price.

Alterations to Specifications

In the event of any alterations to the specification of the Goods the Seller reserves the right to deliver in fulfilment of the order Goods conforming to the Manufacturers specification prevailing at the time of delivery for Goods of the make and model ordered.

The Customer shall indemnify the Company against all claims made against the Company as a result of work done in accordance with the Customer’s specification or design which involves the infringement of any patents, registered designs, trademarks or copyright.

The Company shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Company is not responsible for such specification and supply.

Discontinuance of Manufacture

In the event of the Manufacturer discontinuing the sale of Goods conforming to the specification set out overleaf the Seller may cancel the contract for the sale of the Goods and return the deposit paid by the Customer or its value without further liability on the part of the Seller or supply in fulfilment of the order a reasonable replacement therefore, if required in writing by the Customer.

Alterations to Price

In the event of any alteration to the Manufacturer’s recommended retail price Goods which are sold as New Goods will be sold subject to the prices ruling at the time of delivery of the Goods to the customer. Should there be an increase in the Manufacturer’s recommended retail price (including tax) exceeding 5 per cent the Customer may in writing cancel the order for such Goods within seven days of receiving notice of the increase.

Part Exchange Vehicle

Where the Seller has agreed to allow part of the total price of the Goods to be satisfied by the Customer delivering a Part Exchange Vehicle to the Seller, the allowance is hereby agreed to be given and the Part Exchange Vehicle is hereby agreed to be delivered and accepted as part of the sale and purchase of the Goods upon the following conditions: (a) Such Part Exchange Vehicle is to be delivered to the Seller in the same condition as at the time of appraisal by the Seller (or, if no such appraisal took place, in the same condition as at the date of acceptance hereof by the Seller) without alteration of any particulars of the Part Exchange Vehicle appraised by the Seller, and if such Part Exchange Vehicle is not in the same condition or if any such particulars are altered or missing at the time of delivery to the Seller, a reasonable deduction therefore shall be made from such allowance. Any allowance agreed prior to the production of the Certificate of Registration of the Part Exchange Vehicle is agreed subject to the verification of the date of first registration. (b) If the Part Exchange Vehicle is not delivered to the Seller within thirty days of acceptance by the Seller or if the mileage run by the Part Exchange Vehicle exceeds by more than 2000 miles the mileage recorded by the Seller at the time of appraisal a reasonable alteration may be made by the Seller to the allowance on the Part Exchange Vehicle. (c) If the Part Exchange Vehicle is the subject of a Hire Purchase agreement or any other charge or encumbrance whatsoever and a settlement of such Hire Purchase Agreement charge, or encumbrance can be made by the Seller thereby vesting property in the Seller, the allowance to be made in respect of the Part Exchange Vehicle shall be reduced by the amount paid in settlement of such Hire Purchase Agreement charge or encumbrance. (d) The Part Exchange vehicle shall be delivered to the Seller on or before delivery of the Goods to the customer and the property in the Part Exchange Vehicle shall thereupon pass to the Seller absolutely. (e) The particulars and information given by the Customer in relation to the Part Exchange Vehicle are true and accurate in all respects.

FleetFinders (Leasing) Limited will retain ownership of the goods until they have been paid for. Responsibility for looking after the goods becomes your responsibility on delivery or payment, whichever is the sooner.

If the Customer does not pay to the Seller, the balance due on delivery within fourteen days of being notified by the Seller that the Goods are ready for delivery or if the Customer fails to deliver the Part Exchange Vehicle for which an allowance is being made, or terminates the contract relating to the sale and purchase of the Goods, the Seller may in addition to any other rights under the contract, sell the Goods and may determine the contract (if not determined by the Customer) without prejudice to the Seller’s right to sue for breach of contract. Should the Goods be sold by the Seller a sum in respect of any loss sustained by the Seller by reason of the Customer’s failure to pay for the Goods or to deliver the Part Exchange Vehicle shall be paid to the Seller by the Customer. For this purpose, the Seller shall be entitled to apply the whole or any part of any deposit towards making good the loss sustained by the Seller.

Any order or offer by the Customer to purchase the Goods and (where applicable) to sell a Part Exchange Vehicle is subject to acceptance and confirmation in writing by the Seller. Subject to these Conditions of Sale, once such acceptance has been given the Customer shall be legally bound to purchase the Goods and the Seller to sell them.

VAT

If you are a VAT registered business, then you are eligible to recover VAT on the purchase of commercial vehicles. If you require further information regards VAT related queries please seek advice from an accountant or HMRC.

Finance

In the event of the Customer wishing to obtain finance for the Goods whether by way of hire purchase, finance lease, credit sale, conditional sale, loan or otherwise you shall be at liberty to do so but any arrangement made between the Customer (any person), firm or company providing finance (“the Finance Company”) shall in no way affect the Customer’s obligation under this Agreement. Even though the Seller may act as the agent for either the Customer or the Finance Company in connection with the financial arrangements. All finance requests directed to FleetFinders (Leasing) Ltd will automatically be passed onto our sister company Full Circle Asset Finance, a specialist finance broker, who will liaise with the customer directly. If the Customer concludes such financial arrangements and requests the Seller to transfer the title of the Goods directly to the Finance Company or to any other person, firm or company, the Seller agrees to do so on the same terms as to the Customer provided, that if any legal or administrative costs are involved in such transaction such costs will be paid by the Customer and also that the Customer remains bound by these Conditions of Sale. FleetFinders (Leasing) Limited will not be a party to any finance agreement that you may enter into with a lender. The agreement will have its own terms and conditions which you will need to read carefully.

If you, the customer, opts to use an alternative finance provider, as we are not a franchise dealer we are not obliged and therefore will not provide additional paperwork such as underlying documents to your finance provider should they need them. Please note, we will not accept any responsibility for payments made should this result in the order being cancelled, as previously noted the deposit paid to secure the vehicle is non-refundable.

Disputes

The Seller adheres to the code of Practice for the Motor Industry drawn up in consultation with the Director General of Fair Trading. The Seller will co-operate in the submission of any unsatisfied grievance or dispute to the appropriate conciliation and arbitration services available under the code.

Data Protection

We take data protection very seriously and ensure all data collected adheres to Data Protection Law. Should you wish to see more information about our data protection policy please refer to www.fleetfinders.co.uk/privacy-policy/

BVRLA Membership

We are proud to be a member of the British Vehicle Rental and Leasing Association (BVRLA), the trade association representing the vehicle rental and leasing industry in the UK. Our membership reflects our commitment to professional standards and responsible business practices.