HERTZ UK LTD – TERMS & CONDITIONS FOR TRADE VEHICLE SALES
In these terms and conditions:
"Authorised Representative" means a person so specified on a Registered Trader’s application for registration who shall be authorised to submit orders and represent that Registered Trader;
"Buyer" means Registered Trader or Authorised Representative;
"Order" means an order for a vehicle placed directly with the trade sales team or submitted via the Website by clicking on the “Buy” button;
"Registered Trader" means a person who (i) carries on a business in the United Kingdom of buying and selling motor vehicles, and has registered with Hertz UK Ltd to buy vehicles via the Website;
"Specification" means the specification of the Vehicle, identifying its make, model, condition, mileage and other relevant details posted on the Website and referred to in the Order;
"Vehicle" means a car or commercial vehicle specified in the Order or advertised for sale on the Website;
"we/us/our/Hertz UK Ltd" means Hertz UK Ltd;
"Website" means https://uk.hertz-carsales.com, or any subsequent website as may be notified to you from time to time;
"Working Day" means any day except a Saturday, Sunday or public holiday in England; and
"you/your" means the user of the Website.
2.1 These terms and conditions govern any vehicle sales made by Hertz UK Ltd via the Website or the Hertz trade sales team.
2.2 By placing a verbal or written order with the trade sales team, clicking the “I accept” button before registering with us or the “Buy” button, after completing your Order online, you confirm that you have read and accept these Terms and Conditions.
3. Use of the Website
3.1 To gain access to certain services on the Website you will need to apply as a registered trade buyer and be provided with secure login details. Access is limited to registered users and we reserve the right to limit or deny access to the Website at any time without prior notification.
3.2 We give no warranties, conditions, guarantees or representations, express or implied, as to the completeness or accuracy of the information contained on the Website, including in particular, but without limitation, information as to price, ownership,
quality, authenticity of any photographs, compliance with description or fitness for purpose of any vehicles.
4.1 The price of the Vehicle shall be the price quoted on the Website at the time you submit your Order or, if different, the price ultimately agreed between you or the Buyer and us.
4.2 The price of the Vehicle you order does not include delivery beyond the Vehicle’s advertised location point. You may separately arrange with us for delivery beyond this point at an additional cost.
4.3 The price is stated inclusive of VAT on cars and exclusive of VAT on commercial vehicles.
5.1 You may order a Vehicle through the Hertz trade sales team or by clicking on the “Buy” button on the Website.
5.2 Before submitting an Order, you should carefully read the Specification containing, amongst other things, information about the condition of the Vehicle, including any defects, and its mileage.
5.3 All price indications provided by us are not binding and merely constitute an invitation to you to make an offer to us by placing an Order.
5.4 By agreeing to purchase a vehicle via the trade sales team or clicking on the “Buy” button on the Website, you submit an Order to Hertz UK Ltd and are bound by that Order at the time of its submission. You are not able to cancel or modify your Order unless we agree in writing to such cancellation or modification. You may be required to either indemnify us in full against all losses and costs incurred by us as a result of cancellation or pay us any cancellation fee as deemed reasonable.
5.5 After submission of your Order, we will issue a confirmation of receipt. This serves as an acknowledgement of your binding offer to purchase the Vehicle, which remains subject to our acceptance of your offer.
5.6 A contract to sell the Vehicle will be formed between you (or any buyer you represent) and us once we have received the full price in cleared funds for the Vehicle or (if earlier) on express written acceptance by Hertz UK Ltd. We will not be bound to sell the Vehicle to you (or any buyer you represent) until the Contract is formed.
6.1 We may issue an invoice for the price of the Vehicle any time after submission of your Order. The price shall be due for payment immediately after we notify you that the Vehicle is ready for collection from its current location and is payable to Hertz UK Ltd by telegraphic transfer.
6.2 We will not release the Vehicle to you or the buyer until the price has been paid in full and in cleared funds.
6.3 If the price is not paid within 3 Working Days of the due date for payment then, without prejudice to any other right or remedy available to us, we shall be entitled to:
(a) charge interest (both before and after judgment) from the due date until payment in full is made on the amount outstanding at the rate of 3 per cent per annum above the base rate of such clearing bank in the United Kingdom as we may nominate from time to time; and/or
(b) Cancel the sale and remarket the Vehicle at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) and charge you for any shortfall below the agreed price.
Hertz remarketing bank details:
Deutsche Bank AG
Account Name; Hertz UK Ltd
Sort Code; 231048
ACCOUNT #, 19796504
Hertz (UK) Limited VAT Number 219334568, Trade Registration Number 226842.
7. Collection and Delivery
7.1 You shall promptly, upon having been notified of the availability (and subject to paying for the vehicle as required by these terms and conditions), either collect the Vehicle from its current location at your expense within 3 Working Days after funds have cleared or arrange with us for a delivery agent to take the Vehicle to an agreed location. The cost of any delivery agent will be charged separately from the agreed price for the Vehicle. In either case, please provide 24 hours prior notification of collection to enable us to ensure the Vehicle is available.
7.2 Any dates quoted for intended delivery of the Vehicle by a delivery agent are approximate and we do not accept any liability for any delay in delivery of the Vehicles however it may be caused.
7.3 If you fail to collect or take delivery of the Vehicle then, without prejudice to any other right or remedy available to us, we may store the Vehicle at your risk until the actual collection or delivery and charge you for the reasonable costs of storage.
8 Risk and Property
8.1 Risk of damage to or loss of the Vehicle shall pass to you/ the Buyer on collection of the Vehicle or when time has elapsed under 7.1 above.
8.2 Property and title in the Vehicle shall not pass to you/ the Buyer until payment (including VAT) has been received by us in full in cleared funds.
9.1 Subject to Clause 10 (Inspection) we warrant that at the time of delivery:
(a) the Vehicle will, in all material respects, correspond with its Specification (bearing in mind that the Vehicle is an ex-fleet Vehicle); and
(b) we are the owner of the Vehicle with the right to pass unencumbered title to the Buyer.
9.2 Subject as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.3 We make no warranty that the Website is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
10.1 You/ the Buyer shall fully inspect the Vehicle at the time of collection or receipt and must note any breach of the warranty at Clause 9.1(a) on the delivery note (where such breach should have been revealed by a reasonable inspection by a motor vehicle trader).
10.2 The Vehicle may not be released to you/ the Buyer until the delivery note has been completed and signed. If a delivery agent is used in accordance with Clause 7.1, they must wait until the inspection has been performed and the delivery/collection note has been completed and signed.
10.3 We shall have no liability for any breach of the warranty at Clause 9.1 (a) which should have been revealed by a reasonable inspection, unless the breach was notified to us in accordance with Clause 10.1.
10.4 We shall not be liable for any breach of the warranty at Clause 9.1(a) which could not have been revealed by a reasonable inspection, unless you notified us of the breach within 1 Working Day of delivery or collection of the Vehicle.
10.5 If notified of any breach of Clause 9.1 we may, without prejudice to any rights we may have:
(a) send a representative to inspect the Vehicle in order to validate the claim (and you or the Buyer shall retain the Vehicle and not use or part with ownership of the Vehicle until we have carried out such inspection or otherwise consented in writing); and
(b) Charge our reasonable costs sustained as a result of any warranty claim made by the Buyer in respect of any Vehicle which we find, acting reasonably, not to be in breach of the warranties at Clause 9.1(a).
10.6 Without prejudice to Clause 9.1 our sole liability to the Buyer in relation to any claim in respect of any defect in the Vehicle shall be, at our option, to repair the Vehicle free of charge or refund the price of the Vehicle (or a proportionate part of the price).
The Buyer shall be responsible for ensuring that it has not misused or serviced,
Maintained, dismantled, altered or repaired the Vehicle or allowed a third party to do so.
10.7 In order for any claim to be considered under Clauses 10.4 or 10.6 you/ the Buyer must:
(a) notify us of the claim within 1 Working Day of collection;
(b) provide a copy of the signed delivery note;
(c) provide digital images supporting the claim; and
(d) provide a detailed estimate to rectify the Vehicle,
Repair estimates will only be considered where the repair method and costing rates are, in our opinion, reflective of those generally available within the industry.
11.1 We shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing or failure to perform any of our obligations under the contract where such delay or failure is due to any cause beyond our reasonable control and we shall be entitled to a reasonable extension of time for performing such obligations.
11.2 Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.
12 Force Majeure
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving our employees or of a third party), difficulties in obtaining materials, labour, fuel, transport, items supplied by third parties, power failure or breakdown in machinery.
13 Contact Us
Please make all enquiries to:
Hertz Car Sales,
BCA Fleet Solutions
125 Heyford Park
Telephone: 01295 667 000
Monday – Friday 9.00am – 5.30pm
14.1 You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.
14.2 These terms and conditions contain the entire agreement and understanding between the parties relating to vehicle trade sales, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party.
14.3 If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
14.4 These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.