Vantage Motor Group Limited
Standard Terms and Conditions for Motor Vehicle Sales
1. Full Terms and Conditions
Acceptance of Terms
2. (a) “We”, “Us”, “Our” and “Vantage Motor Group” shall refer to Vantage Motor Group Limited whose registered number is 4652938 and registered office is, Vantage Motor Group, York Road, Knaresborough, North Yorkshire, HG5 0SS.
(b) “You”, “Your” and “Customer” shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.
(c) “Goods” are used vehicles supplied by Us plus any ancillary products or services.
(d) “Secured Finance” are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Hire Purchase, Personal Contract Purchase and any other form of funding provided by a Financial Institution that uses the Goods as a form of security.
(e) “Unsecured Finance” are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Personal Loan, Motor Loan and any other form of funding provided by a Financial Institution that does not require any security being invoked on the Goods.
(f) Satisfactory “Merchantable Quality” is defined by the condition of the Goods being at a level that is deemed to be satisfactory and fit for purpose, when consideration is taken for the age and mileage of the Goods. This does not under any circumstances affect Your rights pursuant to the CRA.
(g) “Payment Method” is by Bankers Draft, Credit/Debit card, Bank Transfer or Finance Company Transfer if a Secured Finance or Unsecured Finance agreement is in place. Cash payments in excess of £500 will only be accepted on the sole discretion of Us and may require a satisfactory source of funds verification to be made. Card holder not present transactions are not accepted.
(h) “CRA” is the Consumer Rights Act 2015.
(i) “Place of Business” represents any place where We trade with face to face interaction with You and Our Goods are presented for retail to the general public.
(j) “Distance Contract” represents any form of sale conducted by Us to You that does not include any face to face contact from (and including) an initial order being raised on a vehicle until the time of delivery of the Goods at which point Our contract is concluded. In these cases the contract is governed by both the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Distance Marketing Regulations 2004 as appropriate.
(k) “Specification” represents the accurate description of the vehicle make, model and derivative of the vehicle and any manufacturer fitted feature of the vehicle such as, but not limited to, engine; colour; wheel size; upholstery; equipment or other feature that has a material effect on the valuation of the vehicle.
(l) “Website” represents the URL www.vantagemotorgroup.co.uk, which is owned by Vantage Motor Group. You can view the terms that govern the use of this website here www.vantagemotorgroup.co.uk/site/website-terms-conditions/.
3. Data Protection and Your Privacy
4. Orders and Deposits
4. In You placing an order it enables Us to remove a vehicle from retail sale to the general public and allocate a reserved status. To do this a deposit is required from You, the amount of the deposit required is subject to variation at the sole discretion of Us and will not be less than £150 per vehicle and typically £500. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 7 days.
(a) If You are reserving a vehicle via the electronic facilities on OurWebsite (or any other URL used under license by Us) then We will remove a vehicle from sale to the general public for a period no longer than 72 hours and You have an obligation to be in contact with Us via one of Our stipulated methods within 24 hours of placing the reservation. Failure to do so will result in Us acting in good faith in assuming that Your intention is to rescind the transaction. As a result, the vehicle will be removed from reserved status and any monies deposited as cleared funds in Our bank account will be returned, in full, to Your original source of funds.
(b) If You are reserving a vehicle that You have not had the opportunity to inspect, be it either by way of a Distance Contract or if We are requested by You to move a vehicle from one Place of Business to another. You are entitled to a full refund of the deposit monies. These monies will be returned by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
(c) In the event where We fail to arrange Secured Finance or Unsecured Finance for You once You have reserved a vehicle, You are entitled to a full refund of the deposit monies. These monies will be returned to You by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
5. The deposit having been paid upon the placing of an order, then the balance payable (or as the case may be, the sum required to complete any initial payment to a Finance Company) is to be paid by You or if applicable the 3rd party Finance Company prior to delivery of the Goods.
6 - 7. Delivery
6. Delivery of the Goods is to be taken at Our Place of Business within 7 days of notification to You that the vehicle is ready for delivery. The Goods shall remain in Our beneficial ownership until full payment for the goods has been received. The risk in the goods, however, shall pass to You upon delivery. If You request Us to relocate a vehicle from one Place of Business to another We reserve the right to charge You the reasonable costs incurred in completing the transfer, typically being £99. These costs will be notified in writing to You prior to the transfer being made and will be in addition to Your deposit requirements. This transfer charge will be non-refundable.
7. Under Distance Contracts and in exceptional circumstance at Our sole discretion, We will arrange and agree a delivery to Your fixed place of residence. We may require proof of address to be provided before a delivery is arranged and proof of identity will be required at the point of delivery. In all instances a delivery charge will be made, the amount of which will be determined in line with the distance required to move the vehicle from Our Place of Business to the delivery address. The delivery charge will be communicated prior to completion of the contract and will be subject to VAT.
8. Delay in Delivery
8. We will use Our best endeavours to secure delivery of the Goods on the desired delivery date or dates in accordance with Clauses 6 and 7, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause whatsoever.
9. Transfer of Deposit
9. Notwithstanding Your rights defined by clause 4 if You fail to pay and take delivery of the Goods within 7 days of notification that the Goods are available for delivery, We shall be at liberty to treat the contract as repudiated by You. We shall then be entitled to dispose of the Goods and reserve the right to offset and recover from You, by way of damages, any loss or expense including storage and depreciation costs which We may suffer or incur as a result of Your default. These costs will typically be £50 per day up to a maximum in line with Your initial deposit amount paid. The deposit can however be transferred by You in full to another vehicle on Your request at any time within 90 calendar days from the point at which this contract is repudiated.
10. Administration Fee
10. During the purchase of each vehicle, You will have the option to pay an Administration Fee to cover services to enable a smoother transaction for the purchase of the Goods. The Administration Fee will be clearly presented on the Vehicle Sales Order. The Administration Fee covers the following: re-valet of the Goods prior to handover; access to Our IT equipment to facilitate payment and processing of the road fund license for the Goods and/or payment and processing of a plate transfer or retention of a cherished vehicle registration; performing an HPI vehicle provenance check on the Goods which will be provided to You by email; settling by electronic means any outstanding balance on a finance interest on Your part exchange; processing and sending of Your V5 document to the DVLA. If You complete the purchase of a used vehicle from Us through the Website the Administration Fee will be waived. In the event that You do not pay an Administration Fee these services will be withdrawn and You will be expected to provide the following, prior to completion of the sale:
(a) Settling by electronic means any Secured Finance agreement or interest in full on Your part exchange and providing documentary evidence of this.
(b) Where applicable, paying the road fund license for the Goods using Your own IT equipment.
(c) Completing and posting the V5 document for the Goods purchased to the DVLA.
(d) Completing a plate transfer or retention for Your cherished plate using Your own IT equipment.
(e) Ensuring the Goods purchased is insured at Your cost to be driven away by You on the day of handover as opposed to using the 5 day drive away insurance at Our cost.
11 - 13. Part Exchange / Our Used Vehicle Purchases from You
11. Where We agree to allow part of the price of the Goods to be paid by You delivering a used vehicle to Us, such used vehicle shall be delivered and accepted upon the following conditions:
(a) That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 250 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in Part Exchange or under the used vehicle purchase scheme are subject to acceptance and confirmation in writing by Us. If You have used Our online valuation tool to guarantee the valuation of Your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when You requested Your guaranteed online valuation.
(b) That where the used vehicle is the subject of a Secured Finance agreement, We shall be entitled to make any such settlement payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
(c) You will disclose to Us whether the used vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however, this does not waive Your disclosure obligations under this agreement.
(d) If this agreement is cancelled after Your used vehicle has been delivered to Us, We later may cancel the agreement to purchase Your used vehicle, provided that, if We have before cancellation sold or thereafter sell the used vehicle You shall be entitled to the profit or shall bear the loss (as the case may be) on the resale of Your used vehicle (in calculating this profit or loss Our reasonable selling expenses shall be taken into account).
(e) If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 12(b) or 12c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within 30 days of You sending notice to cancel this agreement either under clauses 14, 15, 16 and 17 or in line with Your statutory rights.
(f) That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within 30 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to You of the Goods.
(g) That if Your vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable), User manuals and any accessories there may be such as locking wheel nut, radio fascia or remote controls, We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 7 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security (or the value provided for Your vehicle will be adjusted accordingly). We will also expect You to remove any personal possessions from the vehicle, We will not be responsible for any personal items lost once the vehicle is in Our possession.
(h) That if Your used vehicle, due to the vehicle age, requires a valid MOT certificate which is not available and is being supplied in conjunction with a Distance Contract then You must notify Vantage Motor Group prior to Our collection of Your vehicle. Failure to do this will result in Vantage Motor Group being unable to collect Your vehicle.
(i) If We buy a vehicle from You, We will be relying upon Your representation that;
- You are legally capable of entering in to a binding contract to sell the vehicle
- You are at least 18 years old
- To the best of Your knowledge, information and belief You are the sole legal and beneficial owner of the vehicle, the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with, You have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or damage), and the vehicle is registered in the UK.
In the event that We discover at any time that any of the above representations are (or are likely to be) inaccurate or false then We reserve the right (at Our sole discretion) to request additional documentation or information from You to determine whether the above representations are inaccurate or false. In addition, We reserve the right to withdraw any offer to purchase Your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from You.
12. We may agree to purchase Your used vehicle even if You do not choose to purchase a vehicle from Vantage Motor Group. In these instances Your responsibilities under clause 11 still apply. Whilst an indicative price (or guaranteed price if generated via Our online valuation tool) can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Vantage Motor Group employee or representative of the Vantage Motor Group to verify the descriptions made are true and accurate. A purchase from You in this way will be subject to an administration fee of £100.
(a) Once we have agreed to purchase Your vehicle and We are in possession of the vehicle, We will pay You the agreed price for the vehicle, less the amount of any administration fee, by electronic transfer to the bank account of Your choice. You will be required to produce a minimum of the V5 document in Your name plus two proofs of identification, including one form of photographic identification (passport or driving licence) and a current proof of address in the same name and details as shown on the V5, these are required prior to a payment being made. Further proofs may be requested by Us at Our sole discretion. Acceptable proof of address documents are: a council tax bill; utility bill; HMRC letter; bank statements; driving licence dated within 3 months of the purchase date.
(b) If You are selling on behalf of another and are not the registered keeper, a letter of authority needs to be provided, alongside a copy of the owner's proofs of identification as specified in clause 12(a), the payment must be to the registered keepers bank account so proof of the account details must also be provided, and You will be required to provide photographic identification of You. In the unfortunate event that You are selling on behalf of someone who has passed away, You will be required to provide a copy of the death certificate and the will or probate grant.
(c) Our standard payment terms are via BACS payments which will take up to 4 working days, after the day of sale to Us, to arrive in Your account. In most cases We can offer same day faster payments for an additional fee of £25 and if selected the cost of this payment is displayed on the invoice.
(d) It is possible that events beyond Our control may delay payment and, if that happens, We will not have any liability to You for the delay, save that We will refund the payment fee (if applicable).
(e) As set out in Clause 11 We may purchase Your vehicle even though it is subject to a Secured Finance Agreement. In these instances if the price for Your vehicle is higher (inclusive of any fees) than the settlement figure We will pay You the difference, or if the price for Your vehicle (inclusive of any fees) is lower than the settlement amount You must pay Us the difference.
13. We may agree to purchase Your used vehicle under a Distance Contract. In these instances Your responsibilities under clause 11 still apply. Whilst an indicative price (or guaranteed price if generated via Our online valuation tool) can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Vantage Motor Group employee or representative of the Vantage Motor Group to verify the descriptions made are true and accurate.
14. 14-Day Exchange Policy
14. Vantage Motor Group offer to all retail customers (not Trade Sales) a 14-Day Exchange Policy on the purchase of Your Goods. The 14 Days commence from the day after the date on which delivery takes place and is inclusive of weekends and bank holidays. The 14-Day Exchange Policy is in addition to and does not affect Your statutory consumer rights. It should not be considered as an alternative to Your short term right to reject a vehicle due to a breach of Your core rights at the point of purchase under Your statutory consumer rights. To serve notice of Your intention to utilise this 14-Day Exchange Policy please see clause 17 and it is subject to the following conditions;
(a) There is a duty of care for You to return the Goods in a condition commensurate with that at the time of delivery. We will inspect the goods at the time of return and We reserve the right, entirely at Our own discretion, to charge You any amounts required to return the Goods to their condition at the time of delivery.
(b) All vehicles returned will be subject to a returns fee of £149 which represents the non-refundable administration fee.
(c) If We agree to recover the vehicle, We reserve the right entirely at Our own discretion to charge a collection fee that will reflect our costs of collection from Our closest Place of Business to Your place of residence. These charges will also be subject to VAT.
(d) The V5 registration document provided with the Goods at time of delivery is returned at the same time as the Goods. If You fail to do so the 14-Day Exchange Policy under section 14 cannot be exercised in its entirety.
(e) All other documentation provided with the Goods (apart from the V5 registration document) at time of delivery is also returned at the same time as the Goods. If You fail to do so We will request security is provided in accordance with clause 11(a).
(f) An agreed location, date and time for a return or collection of a vehicle will be made in writing between You and Us which will be no more than 5 days from the notification by You of the exchange. Under Distance Contracts the return date will be extended to 14 days from the notification by You of the exchange.
(g) To facilitate the 14-Day Exchange Policy, We will identify with You a suitable vehicle for You to exchange Your vehicle for. Where the replacement vehicle is located at a different dealership to the dealership You have returned Your vehicle to (or agreed recovery location in accordance with clause 14(d), then We reserve the right to charge You a non-refundable transfer fee to move the vehicle for viewing prior to acceptance of the exchange.
(i) Once a suitable replacement vehicle has been selected We will transfer to the replacement vehicle any amounts due after adjusting for the returns fee, usage charges or other charges as a deposit on Your replacement vehicle.
(j) You will be liable for any shortfall between the deposit under clause 14(i) and purchase price for the replacement vehicle. Where Your deposit under clause 14(i) exceeds the purchase price for Your replacement vehicle We will refund to You the difference.
(k) We will cancel any additional products You have purchased with Your exchanged vehicle and transfer them to Your replacement vehicle where this is relevant. Where this is not relevant, We will cancel the products and refund You any amounts in line with the relevant terms of those products.
(l) Where You have purchased Paint Protection for your exchanged vehicle no refund will be made.
(m) If Your exchanged vehicle was purchased using a line of credit organised by Us then We will work with Your lender to secure a new line of credit to fund Your replacement vehicle. In circumstances where We cannot secure a line of credit for Your replacement vehicle then the 14-Day Exchange Policy will be deemed as void.
(n) Where You have successfully invoked the 14-Day Exchange Policy, Your replacement vehicle will be exempt from this policy as described in these terms under clause 14.
15 - 16. Distance Contracts
15. You will have the benefit of 14 days to cancel the vehicle purchase if You so wish. The cancellation period starts the day after the date the Goods were delivered to You and finishes 14 days after this date, unless that date is a Saturday, Sunday or UK Bank Holiday in which case it will move to the next working day. Notice to exercise this right needs to be provided in accordance with clause 17 and is subject to the same conditions as defined by clause 14(a) – 14(f).
16. Should Your used vehicle be purchased by a Secured Funding or Unsecured Funding method, then You have the additional right to cancel the finance agreement for 14 calendar days commencing from the day following the date of the delivery of Your Goods. However, Your contract with Us is unaffected.
17. Notices and Complaints
17. In order to serve notice to Us to invoke Your rights to return Your Goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of Customer Services at the address shown on Your invoice or alternatively via email to firstname.lastname@example.org. In Your complaint please make it clear the nature of Your complaint, the VantageMotor Group centre, the registration of Your vehicle (if relevant) and Your contact details.
(a) Our dedicated Customer Service team will try to resolve Your concerns as soon as possible, usually before the end of the next working day. If this is not possible, We will contact You within 5 working days to explain Our next actions and when You can expect a resolution.
(b) Within 8 weeks We will call or write to You either with a final response advising You of our findings, or an update on our investigations and confirmation of when We expect to be able to provide a final response, if appropriate.
(c) In certain circumstances, if You are unhappy with Our final response or We do not issue You with a final response in writing within 8 weeks of You contacting us with Your concerns, You may be able to refer Your complaint to the Financial Ombudsman Service or an Alternative Dispute Resolution service. Details of Your rights will be provided to You as appropriate in Your case. If You wish to refer Your complaint to the Financial Ombudsman Service, this must be done within 6 months of Our final response letter.
Financial Ombudsman Service
Telephone: 0300 123 9123
Service.2-3 Allerton Road
Telephone: 01788 538317
Website for online enquiry: www.nationalconciliationservice.co.uk
(d) In Our final response letter, We will indicate whether in Our view Your complaint may be suitable for consideration by the Financial Ombudsman Service or Alternative Dispute Resolution Service.
18. Trade Customers
18. Trade purchasers do not qualify for the 14-Day Exchange Policy offered under clauses 14, 15 and 16.
19. Pricing Errors
19. Whilst We try to ensure that all the prices on the Website and other websites We may use as marketing channels are accurate, errors may occur. If We discover an error in the price of the goods You have ordered We will inform You as soon as reasonably possible. You will then be given the option of re-confirming Your order at the correct price or cancelling Your order with a full refund of any deposit made. If We are unable to make contact via the details provided by You during the order process, We will treat the order as cancelled and notify You by email. If You decide to cancel Your order after We have informed You of a pricing error and You have already paid for the Goods, We will give You a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).
20. Description Errors
20. Vantage Motor Group has made every effort to ensure the accuracy of the information contained in the Website and other media however;
(a) Manufacturers are constantly seeking ways to improve the specification, design and production of their vehicles and alterations take place continually. Whilst every effort is made by Us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services. Vantage Motor Group have absolutely no authority to bind the manufacturers by any express or implied undertaking or representation. Any references to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits.
(b) All fuel economy figures are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. They cannot be compared with the previous steady speed/urban figures and are more representative of actual on-road fuel consumption. Under normal use the vehicles’ actual fuel consumption figures may differ from those achieved through the test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition.
(c) We do not guarantee that use of the website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs and strongly recommend that all users ensure that they protect their equipment with the use of firewalls and virus checkers.
21. New Goods
21. Where the Goods to be supplied by Vantage are new, then the following conditions shall apply:
(a) The Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that Vantage has legally become bound to pay.
(b) If before delivery of the Goods the Recommended Retail Price (RRP) for the Goods shall be increased, the Price shall be increased by an amount equal to the increase in the RRP. Vantage shall give notice of the increase in the Price to You at which point You shall be entitled to cancel the Contract by giving notice to Vantage not less than 21 days after the date of Our notice. Upon such cancellation any deposit paid by the Customer shall be returned and Vantage shall be under no further liability to You.
(c) If You do not give notice to cancel the Contract pursuant to clause 8.1.2, You will be bound to purchase the Goods at the increased Price.
(d) In the event that the Manufacturer is unable to accept the order for the Goods then Vantage may by notice in writing to You cancel the Contract. Upon such cancellation any deposit paid shall be refunded and Vantage shall be under no further liability to You.
(e) Vantage will notify the Customer in the event that the Goods have not been originally supplied via the Manufacturer's official distributor for Great Britain. You shall be entitled to cancel the Contract by giving notice to Vantage not less than 21 Days after the date of Our notice. Upon such cancellation any deposit paid by the Customer shall be returned and Vantage shall be under no further liability to You.
(f) If the Customer does not give notice to cancel the Contract pursuant to clause 8.1.5 the Customer accepts that the specification of the Goods may vary from British specification and shall be bound to purchase the Goods. Vantage will supply the You with the appropriate manual for the Goods and the vehicle log book and shall make the Goods available for inspection by You and Vantage shall not be liable to the Customer for any variation of the Goods from the British specification.
22. Manufacturer/Concessionaire Terms and Conditions
22. Where the Goods to be supplied by Vantage are new, this Contract shall be subject to any terms and conditions which the Manufacturer/concessionaire may lawfully have imposed on the supply of Goods or the resale of such Goods by Vantage. Vantage shall not be liable for any failure or delay in delivering the Goods caused by or resulting from Our compliance with the Manufacturer's/ concessionaires terms and conditions. A copy of the current terms and conditions of the Manufacturers/concessionaire is available for inspection at our Place of Business.
23 - 24. Other
23. The terms and conditions above do not abrogate or derogate from the rights afforded to You by the CRA, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Distance Marketing Regulations 2004, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights.
24. Vantage Motor Group Limited T/A Vantage Motor Group, is authorised and regulated by the Financial Conduct Authority (FCA) for consumer credit activity. Our Firm Registration Number (FRN) is 670625. Vantage Motor Group Limited is also an Appointed Representative of ITC Limited, which is authorised and regulated by the FCA under FRN 313486 which is permitted to advise on and arrange general insurance contracts.
25. Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales.
26. Force Majeure
26. Vantage shall not be liable to the Customer or be deemed to be in breach of the Contract for reason of any delay in performing or any failure to perform, any of Our obligations in respect of the Goods, if the delay or failure was due to any cause beyond Our reasonable control. Without limitation, 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, lockouts or other industrial actions or trade disputes (whether involving employees of Vantage or of a third party);
- difficulties in obtaining Goods, raw materials, labour fuel, parts of machinery;
- power failure or breakdown of machinery.
27. (a) Failure by either party to enforce any of its rights or remedies under the Contract or by law at any time or for any period shall not constitute a waiver of that or any other right or remedy unless it is in writing. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
(b) Neither party may assign the Contract without the written consent of the other party.
(c) Any variation of these Terms and Conditions shall not be effective unless made in writing and signed by an authorised representative of Vantage and the Customer.
(d) If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
(e)The Contract is governed by the Laws of England and the parties shall submit to the exclusive jurisdiction of the English Courts.
(f) No person who is not a party to the Contract may enforce any term of the Contract.
(g) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.