Krystal UK Terms and Conditions

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1. PARTIES

1.1 These terms and conditions (‘Conditions’) shall apply to the provision of limousines or other such vehicles (‘Vehicle(s)’) which are supplied by Limo World (UK) Limited (Company No. 04370142) (‘we’, ‘us’, ‘the Company’) to you our customer (‘you’, ‘the Customer’). We may also arrange transport, delivery, testing and registration on your behalf together with SVA modifications, bodywork repair and interior and exterior refurbishment (‘Services’).

1.2 These Conditions shall apply to all agreements for the sale and purchase of Vehicles to the exclusion of all other terms and conditions unless we expressly agree to the contrary in writing.

1.3 By entering into an agreement with us for the sale and purchase of the Vehicle(s), you accept to be bound by all of the Conditions contained herein.

2. SALE AND PURCHASE OF VEHICLES

2.1 We will agree the specification of the Vehicle to be provided by us together with an appropriate price which will be set out on a purchase order which together with these Conditions will constitute the contract (‘Contract’). Any variation in such terms and conditions must be made in writing and shall otherwise have no effect.

2.2 You agree to advise us of your requirements to enable us to complete the specification which may be necessary or relevant for the supply of the Vehicle(s) and any other Services we arrange on your behalf.

2.3 All second-hand Vehicles are sold as an “as is” basis. We give no warranties or representations regarding conditions of merchantability, suitability or fitness for a particular purpose.

2.4 Although we may provide you with different options as to the Vehicle(s) you wish to purchase you acknowledge that you are under no obligation to implement any of those options. It is your sole responsibility to determine whether or not you should choose to purchase a particular Vehicle.

2.5 In the event that you place an order for a Vehicle which is made or adapted to your specific requirements and/or specification, once the order has been placed with the manufacturer, such Contract cannot ordinarily be cancelled.

3. DELIVERY & TRANSPORTATION

3.1 Unless otherwise agreed in writing delivery of the Vehicle(s) shall take place at our premises at stated on the purchase order. If you have arranged for us to help with transportation and shipping of any Vehicle, we will arrange for it to be shipped to a dock in Europe. However we will not be able to arrange onward transmission until we have received the import duties and VAT in full.

3.2 Once your Vehicle has arrived in the UK, we will take the Vehicle to our workshop for any modifications necessary where applicable.

3.3 Although we will notify you of the estimated date for delivery of the vehicle(s), this is an estimate only and does not guarantee the time of delivery. We shall not be liable for any loss, damage or expense whatsoever arising out of or in connection with any delay in delivery, howsoever caused.
3.4 We are entitled to insist on payment in cash or banker’s draft before delivery of the Vehicle(s).

3.5 We reserve the right to charge storage on all Vehicles uncollected for more than 7 days after notification has been given of the Vehicle’s availability.

4. DEPOSIT

4.1 A minimum deposit of 10% will be required on all orders at the time the purchase order is signed by you. The amount of deposit will vary accordingly to the method of payment of the outstanding balance. Such deposit is not refundable unless we are unable to provide the Vehicle.

4.2 If you fail to take and pay for the Vehicle within 7 days notice to you by us that the Vehicle(s) are ready and available for delivery, we shall be at liberty to treat this Contract as repudiated by you and thereupon the deposit given by you shall be forfeited without prejudice to our rights to recover from you by way of damages any loss or expense which we may suffer or incur by reason of your default.

4.3 Retainers will sometimes be required in advance to cover anticipated expenses which have been agreed with you. If we request you to pay a retainer, this shall be paid within 7 days. We shall not be obliged to incur costs or expenses without receiving the retainer payment.

4.4 In the event that we have agreed with you that you settle any third party’s expense or invoices directly, you shall do so promptly. We shall not be liable for any delay or costs incurred as a result of your failure to settle such expenses or invoices promptly and you shall indemnify us against any loss or damage incurred as a result of such failure.

5. PAYMENT

5.1 We will agree the price for the Vehicle(s) with you (“Price”).

5.2 We reserve the right to negotiate a revised Price if you change the specification so as to involve changes in the specification of the Vehicle(s).

5.3 All Prices are subject to the addition of VAT at the rate current at the time of issue of the invoice.

5.4 Unless otherwise agreed, the Price excludes all costs that are incurred by us or our sub-contractors in the supply of the Vehicle(s) such as transportation, export duties and any other such expenses. Vehicles purchased from the USA and outside the EU are subject to importation duty, VAT and may require a SVA inspection.

5.5 Time for payment of deposits, the balance of the Price, expenses and any retainer shall be of the essence and if you fail to make due payment of any money owed by you, we may withhold the supply of the Vehicle(s) and/or performance of all Services to be rendered until payment has been received in full.

5.6 In the event of non-payment or late payment, we reserve the right to charge interest on outstanding amounts at a rate up to the maximum prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 in force form time to time which shall be payable on all overdue amounts. All debt collection and legal charges will be added to the amount due.

5.8 Notwithstanding delivery and the passing of risk in the Vehicle(s), the property in the Vehicle shall not pass to you until we have received in cleared funds payment in full of the Price and all other costs incurred by us. Until such time as property in the Vehicle(s) passes, you hold the Vehicle(s) as our fiduciary agent and bailee and shall keep the Vehicle separate from other property properly stored and protected and insured and identified as our property. Until such time as the property in the Vehicle(s) passes to you, we shall be entitled to require you to deliver up the Vehicle(s) and if you fail to do so, we reserve the right to enter on your premises or any third party’s premises where the Vehicle is stored and repossess the same.

6. NON-AVAILABILITY

6.1 If the manufacturer of any Vehicle(s) ceases to manufacture or supply them, we shall be entitled to cancel the Contract.

6.2 If before delivery of the Vehicle(s), the manufacturer increases the recommended prices of any of the Vehicle(s), we may give notice of this increase to you. If we do so, the Price of the Vehicle(s) shall be automatically increased by a like amount unless within 7 days of the receipt of the notice you notify us that you decline to agree to the increase, in which case we shall be at liberty, at our sole discretion, either to cancel the Contract or to charge the Price originally agreed. This clause 6.2 will not apply to vehicles ordered tailor made to your specific requirements and/or specification.

6.3 If the Contract is cancelled under the provisions of this clause, the deposit shall be returned to the Customer and the Company shall be under no further liability whatsoever.

7. VEHICLE WARRANTY

7.1 Imported Vehicles are not covered by the manufacturer’s warranty. All of our warranties are provided by a third party.

7.2 Where the Customer deals as a consumer within the meaning of the Unfair Contract Terms Act 1977:-

7.2.1 the Vehicle(s) are sold with the benefit of the conditions as to description, quality and fitness which are implied by section 13 and 14 of the Sale of Goods Act 1979; but

7.2.2 the Customer is reminded that the Company gives no undertaking as to defects specifically drawn to the Customer’s attention or as to defects which the examinations you have made before this Agreement ought to have been revealed.

7.3 Where the Customer does not deal as a consumer:-

7.3.1 it is a term of the Contract that the Vehicle(s) are of merchantable quality but otherwise the Company makes no representation as to the Vehicle(s) and all conditions and warranties expressed or implied by statute or otherwise relating to the description, quality or fitness for purposes for of the Vehicle(s) are hereby excluded; and

7.3.2 if for any reason whatever (except in the case of personal injury or death arising from our negligence) the Company shall be held liable to the Customer, that liability is hereby limited as to exclude loss of profit, loss or earnings and other consequential loss of any kind.

8. LICENSING

8.1 You should seek advice from your local council if this is the first time you have been involved with the hire of vehicles.

8.2 You will be responsible for obtaining a private hire operators license which is required by your local council.

8.3 Vehicles purchased from the USA and outside the EU may be required to be submitted for an SVA test in order to obtain a Ministers Approval Certificate before it can be registered in the UK. In the event that your Vehicle fails to pass such test, we accept no liability whatsoever and this does not give you grounds on which to terminate the Contract.

8.4 We shall have no liability whatsoever in respect of loss, damage or expenses whatsoever incurred if and to the extent that such loss, damage or expense occurs, or is increased, as a result of:

8.4.1 any change in legislation after the date of this agreement (or any legislation not in force at the date of this agreement) which takes effect retrospectively;

8.4.2 the withdrawal after the date of this agreement of any published concession or published general practice previously made by HM Revenue and Customs or other taxing authority; or

8.4.3 as a result of any increase in the rate of taxation in force at the date of this agreement.

9. TERMINATION

9.1 In the event that you have ordered a Vehicle which is being tailor made to your specific requirements and/or specification and you terminate the Contract after the order has been submitted with the manufacturer, we reserve the right to charge the full Price together with all costs and expenses incurred by us.

9.2 In the event that payment remains outstanding after 7 days of being due we reserve the right to suspend supply of the Vehicle(s) or performance of the Services or to terminate the Contract without prejudice to any outstanding liabilities.

9.3 In the event of termination of the Contract for whatever reason, you will be responsible for all costs, duties, tax including expenses incurred by us on your behalf up to and including the end of any notice period.

10. NOTICES

Any notices required or permitted to be given by either party to the other under these Conditions may be given by fax, post or e-mail. In the case of fax or e-mail, the notice shall be deemed to have been delivered upon transmission by the sender. In the case of notice by post, delivery shall be deemed to occur on the day after posting.

11. FORCE MAJEURE

We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in supplying the Vehicle(s) or providing the Services or any failure to perform any of our obligations in relation to the Vehicle(s) or Services if the delay or failure is due to any cause beyond our reasonable control.

12. INDEMNITY

You shall indemnify and keep us indemnified against any and all proceedings, claims, damages, losses, expenses or liabilities which we may incur or sustain in the course of providing the Vehicle(s), the Services or arranging transportation.

13. GOVERNING LAW

The Contract shall be governed by and construed in accordance with English Law and any proceedings arising hereunder shall be submitted to the exclusive jurisdiction of the English Courts.

14. SEVERANCE

If the whole or party of any of these Conditions shall be held void or unenforceable by any court or competent authority such condition or the relevant part thereof (as the case may be) shall be deleted and the remaining conditions or part of such condition shall continue in full force and effect.

15. WAIVER

No relation or indulgence which we may at any time extend to you will prejudice or act as a waiver of our rights under this Contract.