Terms & Conditions

CONDITIONS OF BUSINESS

These are our Conditions of Business for buying and selling cars, services or ancillary items (together referred to as "Goods" below).

1. When we are selling;
   1. All deposits are taken as security for the performance of agreements, and may be forfeited if the agreement is not performed by you (the buyer).
   2. Any sums taken as deposits will be forfeited unless the purchase is completed within 21 days of receipt of any funds, time being of the essence.
   3. Property in the Goods remains with us until the full price is received in cleared funds. If the price is not paid as agreed we may transfer property and title to you, and sue for the balance at our discretion. Otherwise you (the buyer) authorise us to sell the Goods and we shall claim any difference from you (the buyer).
   4. We sell collector's cars. They are normally not suitable for everyday use nor can they be expected to be as reliable as modern cars. Where the term "original" is used, that does not mean that every part of the car is equipped with the same parts with which it was equipped when new. The term is used to distinguish it from a car mainly built from new parts.
   5. Customers may inspect the Goods themselves or using experts. If inspected before purchase, we shall have no liability for any faults, either as to quality or description, which that inspection should have revealed.
   6. In all cases we shall not be liable for any sum in excess of the price of the Goods, and under no circumstances will we be liable for loss of value, loss of profit or any other cost and expenses, direct or indirect in excess of the purchase price, whether caused by negligence, misdescription or any other reason whatsoever.
   7. Time is of essence in all agreements, and the Courts of England and Wales have exclusive jurisdiction in deciding any disputes arising therefrom.
   8. If the Duncan Hamilton Rofgo Limited sales contract is signed off premises the buyer has 14 days in which to cancel the contract and any received funds will be refunded (this applies only to private retail customers).
   9. In the event of any breach of any part of the above Terms and Conditions, Duncan Hamilton Rofgo Limited shall be entitled to withhold any goods or services whether relating to this agreement or otherwise pending settlement of any claim by Duncan Hamilton Rofgo Limited (or any third party instructed by Duncan Hamilton Rofgo Limited), and shall be entitled to claim a reasonable sum for any expenses incurred as a result thereof including legal fees, storage charges, and maintenance and care of motor vehicles.
2. When we are buying;
   1. The Customer warrants that;
      1. He/She is the owner of the Goods or is properly authorised to sell the Goods by the Owner and is able to sell the Goods with full guarantee free from all encumbrances and third party claims with all taxes paid.
      2. He/She has complied with all the requirements relating to any export or import of the Goods.
      3. He/She has revealed to us any defects, hidden or apparent, in the Goods which a reasonably prudent Buyer would wish to know before making a decision to purchase the Goods, and has supplied with the Goods all history, documents, keys, tools, spare parts and spare panels etc relating to the Goods in his possession or control.
      4. The court of England and Wales have exclusive jurisdiction in deciding any disputes arising from any agreement entered into with us.
3. General
   1. The Customer will be liable to us for any breach of an agreement with us, including all direct and indirect costs incurred by us in relation thereto, together with legal costs on an indemnity basis.
   2. All telephone Calls May Be Recorded For Training And Quality Purposes.
   3. Whilst every effort is taken to provide accurate descriptions of all our vehicles due to their age these descriptions cannot be completely relied on.