Your Agreement with us
1. When you sign the order form, you accept the terms and conditions set out in this Agreement. Please read this Agreement carefully and if there is anything you do not understand, or may not agree with, ask any member of staff at the dealership where you placed the order. If you wish to rely on any amendment or addition to the Agreement, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the goods to be supplied, this shall be deemed to be an amendment to the Agreement rather than a new agreement.
a. You must provide us with any information we need in order to comply with money laundering legislation, and guarantee the accuracy of the information so supplied
b. Definitions – ‘We’ or ‘Us’ refers to Marshmx Ltd as the seller of the goods described on the order form. ‘You’ refers to the customer as the purchaser of the goods described on the order form. ‘Goods’ refers to the goods being ordered and supplied as detailed on the order form.
Accessories
2. Any accessories fitted or supplied by us will be covered by any warranty given by the manufacturer of those accessories.
Delivery
3. Delivery will take place at the dealership detailed on the order form unless otherwise agreed.
a. While we will make every effort to deliver the Goods ordered by the estimated delivery date, we will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control. If delay arises in this way, we will contact you to agree an alternative delivery date.
b. If we fail to deliver the Goods within 28 days of the estimated delivery date, you may tell us in writing that you require delivery within seven days from the date of receipt by us of the notice. If then the Goods are not delivered to you within the seven days, this Agreement will be cancelled and any deposit paid will be returned and neither party will have any further responsibility to the other.
Cancellation / Withdrawal
4. In the event that you wish to cancel or withdraw from the Agreement for any reason other than those stated in clauses (3.b), (6.b.i) or (15), any deposit paid by you is forfeit and will not be refunded. This includes all sales, online, in-store or over the phone. If you fail to take and pay for the goods within 14 days of notification that the goods are ready for delivery, we will treat the Agreement as cancelled and any deposit paid by you will not be refunded. This does not prejudice our right to recover from you by way of damages any loss or expense we may incur as a result of you cancelling.
Ownership and Legal Responsibility
5. The Goods will belong to us until we have received cleared funds to the value of the total purchase price. However, you will be responsible for any loss or damage from when the Goods are delivered to you, and should insure accordingly
New Goods
6. If the Goods ordered are new goods, the following will apply:
a. We undertake that the pre-delivery work specified by the manufacturer will be carried out and the Goods will be sold with the benefit of the manufacturer’s warranty.
b. If, after the Agreement is entered into but before delivery of the Goods to you, the manufacturer’s recommended price is altered, then we will give you notice of such alteration and;
i. If the recommended price is increased you will be informed of the amount it is intended shall be paid by you. If you do not agree, you will have the right to cancel the Agreement within 14 days of receiving notice of the increase and your deposit will be refunded in full. Should you fail to notify us that you do not accept the increase within the 14 days, the increased amount will be added to the final amount to be paid by you.
ii. If the manufacturer’s recommended price is reduced, we will notify you of the reduced price you will be called upon to pay.
c. If we are unable to deliver the model, specification or Goods ordered because the manufacturer cannot produce or ceases making them, whether before or after the estimated delivery date, we may cancel the Agreement and refund any deposit you have paid in full. This includes models no longer available due to Model Year changes.
d. If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification, we will contact you and offer either to substitute a reasonable equivalent or to delete the accessory from the Agreement and adjust the purchase price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory and shall not be entitled to cancel the Agreement.