1. Introduction
1.1 These terms and conditions govern the use of The Motor Hub website and the vehicle acquisition system, and are the terms and conditions by which you agree to be bound by when placing orders with the Administration team either by e-mail, fax or otherwise.
1.2 If you disagree with any part of these terms and conditions, you must not place your orders with our company.
1.3 The Motor Hub is a website domain of The Motor Hub.co.uk whose registered address is 26 Tranby Lane, Anlaby, Hull, HU10 7DS.
2. Website Use
2.1 You may view pages from the website for use within your business, subject to the restrictions set out below. You must not:
a. rent, sell or sub-licence any content from this website.b. show any of the content from the password-protected area of this website in public - this includes our vehicle supply termsc. reproduce, copy or otherwise exploit any material from this website for a commercial purpose that will have a detrimental impact on our businessd. share any of the information and in particular the discounts which you enjoy with a third party other than your own clients
2.2 Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this website without notice.
2.3 We will not be liable if for any reason this website is unavailable at any time or for any period.
2.4 From time to time, we may restrict access to some parts of this website, or the entire website, to users.
2.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
2.6 You are responsible for making all arrangements necessary for you to have access to this website. You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these terms, and that they comply with them.
2.7 We are not responsible for any use of this website by any employee, member or third party who access this website through your internet connection.
2.8 If an order is made using a user identification code, password or any other piece of information as part of our security procedures then we are entitled to assume that it is a legitimate order made with any necessary approval.
3. Limitations and Liability
3.1 Whilst we endeavour to ensure that the information and pricing on this website is correct, we do not warrant its completeness or accuracy. We rely on data from a third party source and we will at all times ensure that this information is as up to date as possible. We will, on receipt of an order, check the prices and should there be a pricing discrepancy we will notify you immediately.
3.2 Subject to this, our liability to you in relation to the use of this website and The Motor Hub will be limited as follows:
a. To the extent that the website, the information and services that you are accessing are provided free of charge, and therefore we will not be liable for any loss you may encounter of any nature due to the data on this website.b. We will not be liable for any loss of profit, revenue, income, anticipated savings, contracts, business, data, reputation, goodwill and/or waste of management or office time.c. We will not be liable for any incorrect or out of date information.d. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.3.4 We reply on you providing us with a correct and up to date email address and we are not responsible for any loss of profit, revenue, income, anticipated savings, contracts, business, data, reputation, goodwill and/or waste of management or office time due to any correspondence or notice, not being received by you.
4. Vehicle Supply Terms
4.1 In this clause the following terms have the meanings specified.
"Funded" means where a vehicle has been financed through a mainstream contract hire funder."Price Protects" means that the vehicle price has been secured at the original ordering price."Retail and Special Deals" means main franchised dealer discounts for none fleet business i.e. retail customers."Retain Prices" means manufacturers retail on the road prices."Self-Funded" means deals that have been funded through an alternative funder other than contract hire including outright purchase."Supplying Partner" means our contract hire broker/partners."Support" means the monetary amount which you receive from ourselves shown as a discount.
4.2 By placing orders with The Motor Hub, you agree to accept the following terms and conditions of business:
4.2.1 Funded - Funded terms are to be used when the vehicle is to be invoiced to a mainstream contract hire company.4.2.2 Self-funded - Self funded terms are to be used for those vehicles that fall outside of the Funded criteria; this includes both outright cash purchases and hire purchase agreements through a finance house. There may in some cases be the need for us to retain a registration document for a period of time when a vehicle is Self Funded. You will be notified of this in writing within 7 days from the time of order so that your client can be duly informed.4.2.3 Manufacturers Retail and Specials Deals – generally are excluded from our supply terms and we recommend that you enquire with ourselves first before taking orders on such vehicles.4.2.4 Support - Support is payable off invoice and is subject to the manufacturer's terms and conditions imposed on us. All supply discount terms will remain in place until either superseded by a pricing bulletin or withdrawn in writing, we will notify you of the same in writing. All supply discount terms are subject to manufacturer's price increases - there are no exceptions.4.2.5 Terms - Terms are at any time subject to change or withdrawal, without notice. If this results in loss of profit, revenue, income, anticipated savings, contracts, business, data, reputation, goodwill and/or waste of management or office time then The Motor Hub shall not be liable.4.2.6 Price Increases - Where a manufacturer chooses to increase its Retail Prices these increases will be passed onto your client even if the vehicle is on order. The only exception to this is when a manufacturer "Price Protects" an order which results in the client receiving the car at the original price prior to the increased amount.4.2.7 Fines and Charges on self funded orders - By placing your order with us, you accept full responsibility for all fines and charges incurred by the driver which relate to the vehicle supplied where we hold the registration document. As the Supplying Partner of such a vehicle you will be notified in writing within 2 days of us receiving notification of any fines or charges and it is your responsibility to ensure that the fine is paid both fully and on time. There will be no charge for the additional administration time from us in forwarding any paperwork to you from the relevant authority however, should the fine not be dealt with by you/your client promptly there will be an administration fee of £25.00 for each piece of correspondence we need to deal with until the matter is discharged charged to yourselves which is in addition to any fines which have been served on the vehicle in question. This/These fee(s) will be in addition to the fine.4.2.8 Order Cancellation - Once an order has been placed with The Motor Hub and a written confirmation has been given by us within 2 days of receiving your order, the order is deemed to have been 'Accepted' by us. 'Accepted' orders can only be cancelled if the supplying dealer can cancel the vehicle with their supplier. Cancellations must be communicated in writing at all times, verbal cancellations will not be accepted. Where a cancellation incurs a cancellation fee, this will be passed-on in full. If payment is not made within 30 days, we reserve the right to contra-costs.4.2.9 Delayed deliveries – The Motor Hub will endeavour to deliver all vehicles which are on order on time and as close to the original estimated time of arrival as possible. The Motor Hub will not be liable for loss of profit, revenue, income, anticipated savings, contracts, business, data, reputation, goodwill and/or waste of management or office time in the event of delays occurring. We cannot be held liable also for hire or rental charges should a client need to obtain a hire vehicle whilst waiting for their new car. Delays are generally out of our hands and usually fall into production issues at the factory over which we have no control.4.2.10 Refunds - Full refunds will only be made available for any vehicles supplied that do not meet the requirements of the original order. Any vehicles returned must not have additional mileage to that of delivery and the condition of the vehicle must be as delivered. Notification of rejection of a delivered car must be made immediately with the delivery driver and noted on the delivery note. If an issue arises after the vehicle has been delivered and signed for then we must firstly be notified by telephone and then in writing within the first 24 hours.4.2.11 Right of refusal – The Motor Hub reserve the right at any time throughout the order process, to without prejudice, reject an order placed or refuse supply of any vehicle.
5. Confidentiality
5.1 You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you’re your employees, agents, consultants or subcontractors and any other confidential information concerning the our business or its products which you may obtain.
5.2 You may disclose such information:
a. to employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the obligations under these terms; andb. as may be required by law, court order or any governmental or regulatory authority.
5.3 You shall ensure that your employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause.
5.4 You shall not use any such information for any purpose other than to perform your obligations under these terms.
5.5 All materials, equipment and tools, drawings, specifications and data supplied by us shall, at all times, be and remain the exclusive property of us, but shall be held by you in safe custody at your own risk and maintained and kept in good condition by you until returned to us, and shall not be disposed of or used other than in accordance with our written instructions or authorisation
6. Order Procedure
6.1 In this clause the following terms have the meanings specified.
"End User" means6.2 All orders must be e-mailed to [email protected] or faxed to 01482 662796 and correspond exactly to the quotation from the system. We are not responsible for any loss of profit, revenue, income, anticipated savings, contracts, business, data, reputation, goodwill and/or waste of management or office time due to any correspondence, notice or other not being received by us.6.3 Orders will only be placed with our supplying dealer on receipt of a completed order with a full breakdown of figures. This must also include the relevant finance or funder details, client details and delivery address wherever possible.6.4 Vehicles which arrive in stock must be able to be delivered and you will promptly provide all required information including but not limited to times, dates and location for delivery to the End User within 21 days, failure to comply with this may result in the vehicle being cancelled and a cancellation charge added of £500.6.5 The Motor Hub reserves the right to ask for a holding deposit on orders which are ordered in excess of £3,000.00 factory options and/or with a value in excess of £50,000.00. This also applies to vehicles which are ordered with an unusual specification or a special colour. This deposit will be refunded once the vehicle has been delivered and the customer has signed the delivery acceptance note.6.6 The Motor Hub reserves the right to decline or cancel an order should we believe that the vehicle in question is being wholesaled or where the End User client already has terms in place with the said manufacturer. Evidence of this would include but is not limited to a vehicle been found up for sale at retail dealership and/or our supplying dealer notifying us of the end user having discounts already set in place with the said manufacturer. We are not responsible for any loss of profit, revenue, income, anticipated savings, contracts, business, data, reputation, goodwill and/or waste of management or office time due to any incorrect belief that a vehicle is for wholesale purposes.
7. Invoicing Procedure
7.1 In this clause the following terms have the meanings specified.
"AFRL" means Automated First Registration Licencing
7.2 All invoicing will be generated by the supplying dealer and invoiced to your chosen finance/funding company. This will be sent to you along with a copy of the AFRL and delivery note once delivered. We expect that all paperwork to be sent off to the funder both quickly and correctly to ensure that payout is not delayed. This should be within 48 hours of the vehicle being delivered. Where a supplier has no previous knowledge or trading history with a particular funder we reserve the right to ask the funder to pay for the vehicle prior to delivery. This may well delay the delivery for the client but you will be made aware of this should the need arise beforehand.
7.3 Any changes to either the funder or the delivery address must be made in writing at least 72 hours prior to delivery.
7.4 All finance documents must be signed and correct within 2 days prior to delivery. If not, then we reserve the right to cancel or delay the delivery.
7.5 Any commissions which have been built into the sale price of the vehicle will only be paid to you once both the dealer and The Motor Hub have been paid in full. There can be no exceptions to this.
8. Vehicle Release and Delivery
8.1 Any non-funded transactions must be paid for in full by telegraphic transfer 24 hours prior to delivery. Failure not to comply with this request will result in a cancelled delivery and will incur an aborted transportation charge of £150.00.
8.2 Where a vehicle has been funded through a contract hire company all finance documents must be signed by the client and the relevant proofs sent to the funder 2 days prior to delivery. No vehicles will be delivered to the client without this paperwork being sent off for payout.
8.3 Vehicles will be driven to the client free of charge within mainland UK with the exception of deliveries which fall outside of what we deem to be an unreasonable distance. Examples of this are to the very North Of Scotland or Cornwall. Where a delivery falls into one of these areas a delivery charge will be given to you. Any requests by the client of a transported delivery must be specified in writing on the order and reiterated when the delivery is being organised. There will be an additional charge for this which we will notify you of within 1 day once we have been given a quotation.
8.4 Changes to the delivery address must be notified in writing 48 hours prior to the original delivery date and we will endeavour to assist the client wherever possible. This may be affected if the changes are significant in terms of the distance between the addresses. Any changes of delivery address are at your risk and any for Funded vehicles will only be accepted with Funder’s approval.
8.5 The Motor Hub cannot be responsible for the collection of any part exchange/de-fleet vehicles from the client. We will however assist wherever possible and there will be an additional charge for this service.
9. V5 Retention and Fines Procedure
9.1 On all non- funded transactions (Cash and Hire Purchase) there will be a V5 retention period of 6-12 months depending on the manufacturer’s requirements.
9.2 It is the responsibility of you the partner to inform your client of this requirement. No V5 will be released prior to this retention period but all documents will be transferred into the end users name and address before the second years road fund licence is due.
9.3 The End User/client is ultimately responsible for the payment of any fines relating to parking, congestion charges, speeding and or any other motor related fines in accordance with term 4.2.7 of these terms and conditions.
10. Refunds
10.1 If you cancel an order with us which is accepted as a valid cancellation, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation or we give you notice of receipt of the vehicle being returned to us. In this case, we will refund the price of the product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Warranty
11.1 We do not provide any warranty in relation to any vehicle purchased via the website.
11.2 Any Warranty available is provided by the relevant Dealership in accordance with their standard terms and conditions.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to us must be given to Motorlease (UK) Limited (company number 04504933) whose registered address is 26 Tranby Lane, Anlaby, Hull, HU10 7DS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notices to you will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
14. Events Outside Our Control
14.1 In this clause the following terms have the meanings specified.
"Force Majeure Event" means any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:(a) strikes, lock-outs or other industrial action;(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;(e) impossibility of the use of public or private telecommunications networks;(f) the acts, decrees, legislation, regulations or restrictions of any government; and(g) pandemic or epidemic.
14.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by a Force Majeure Event.
14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
15. Waiver
15.1 If we fail, at any time during your use of the website, to insist upon strict performance of any of your obligations under the terms of the use of the website, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16. Severability
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17. Our Right to Vary These Terms
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions in writing (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. Law and Jurisiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
19. Third Party Rights
A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.