Terms & Conditions
Nothing in these Terms & Conditions shall affect the Statutory Rights of the Customer as dictated under United Kingdom Law.
1.1. "Newera Imports" means Newera Imports, 22 Piddinghoe Avenue, Peacehaven, East Sussex BN10 6PF. "Us" / "We" means "Newera Imports" for the purposes of this agreement.
1.2. Customer means any person entering into an agreement with Newera Imports, whether an individual or incorporated.
1.3. Agreement means any agreement entered into between the Customer and Newera Imports.
1.4. "Goods" or "Order" means any goods forming the subject of an agreement with a customer, including Motor Vehicles.
1.5. "Services" means any services provided by Newera Imports.
1.6. "Price" means the price as detailed on Newera Import's online or printed advertisements inclusive of our website, e-mail correspondence or Sales Agreement.
1.7. "Motor Vehicle" includes any item included or proposed to be included in the sale of Motor Vehicles.
2. THESE TERMS
What these terms cover: These are the terms and conditions on which we supply all Goods to you (the Term and Conditions of Sale).
By confirming your agreement of these terms (By confirming via our website or other recorded form of agreement), you agree to abide by them. These terms tell you who we are, how we will provide the Goods to you, how you and we may change or end the contract and what to do if there is a problem together with other important information. If you think that there is a mistake in these terms, please contact us to discuss prior to confirming your agreement.
3. OUR CONTRACT WITH YOU
3.1. The order for sale of a modern classic motor vehicle (and/or parts and accessories); (Goods) supplied by us for the price set out in our online advertisement (Purchase Price) incorporates these Terms and Conditions of Sale and only becomes binding once accepted and agreed by both you and us, and once we have received the Deposit from you by way of cleared funds. Unless and until we receive the Deposit from you (even if the Order is agreed in writing or otherwise, by both you and us) there is no binding contract, and we may refuse to enter into an agreement and/or sell Goods to someone else.
3.2. The Order together with these Terms and Conditions of Sale and the Sales Description make up the contract between you and us. You should not, therefore, confirm your agreement unless you are happy with these Terms and Conditions of Sale and the Order.
3.3. Our marketing information and website are solely for the promotion of Newera Imports and any affiliated partner's Goods and maybe for business in U.K, Europe and other countries as we may feel to be appropriate.
3.4. Although Newera Imports advertise goods in £ (U.K. Sterling), we supply worldwide. Payment for goods is only acceptable in £ (U.K. Sterling), irrespective of the country to which the vehicle will be sold.
4. THE GOODS
4.1. In considering your rights under the contract (as set out later in these Terms and Conditions of Sale) and the descriptions of the Goods provided to you, you agree and acknowledge that
4.1.1. Where Goods sold comprise a motor vehicle, the Customer accepts that as a classic or collector's car it may not be suitable for everyday use and may have had parts and paint changed from original specification and will not achieve the same level of reliability as a modern or new vehicle.
No representation is made as to the originality, authenticity, reliability, or mechanical or bodily condition, or fitness for any particular purpose unless set out in writing to the Customer.
4.1.2. the Goods are sold as a collector's item and not as a means of modern daily transport, and
4.1.3. The use of the Goods on the public highway is entirely at your discretion and risk.
4.1.4. You acknowledge that these are material issues relevant to the assessment of whether the Goods supplied are of satisfactory quality, fit for purpose and adhere to the description set out in the Order. By agreement herewith, you confirm that you have satisfied yourself as to condition and authenticity prior to entering into an agreement for the purchase of goods.
4.2. Other than as set out in the Sales Description we make no representations to you as to the origins or original manufacturer of the Goods. To the extent permitted by law all warranties (whether implied by statute or otherwise) that the goods will correspond with a specific description are hereby excluded.
4.3. As part of the Sales Description, we have set out for you what information and documentation are in our possession in relation to the Goods. The information identified will be supplied to you on delivery of the Goods. By signing the Order you
4.3.1. accept that the information and documentation is provided to you without liability as to its content and with no guarantee that it is complete, and
4.3.2. Accept that the Goods, bearing in mind their age and condition, are likely to have undergone repairs or modifications and that we cannot verify and do not warrant (and no warranty shall be implied) the quality of the repairs or replacement parts or whether those parts are genuine.
4.3.3. You are therefore are strongly advised to carry out any checks or investigations as you see appropriate on the Goods prior to agreement and choosing to proceed with the Order.
4.4. The images of the Goods on our website and in the Sales Description are for illustrative purposes only. Although we have made every effort to display them accurately, we cannot guarantee that they accurately reflect the Goods. The customer understands and accepts that while we make every sincere effort to describe used goods accurately, it is possible there may be indeliberate mistakes or omissions on the description of goods.
5. PAYMENT FOR GOODS AND SERVICES
5.1. Payment for goods shall be made forthwith (unless otherwise agreed in writing). A deposit can be paid via accepted debit or credit card, or via bank transfer. All other subsequent payments are to be made via bank transfer (whether in the UK or international transfer) unless agreed otherwise and in writing. All payments must be made promptly and inside the time frame given by Newera Imports.
5.2. Payment for goods or services shall be made not more than 14 days after a payment request is rendered for such service.
5.3. In the event of any breach of any part of these Terms of Business Newera Imports shall be entitled to withhold goods or services pending settlement of any claim by Newera imports (or any third party instructed by us), and shall be entitled to claim for expenses incurred as a result thereof including legal fees, storage charges, and maintenance and care of motor vehicles.
5.4. Any Deposit is taken as security for the performance of the Agreement to which it relates, and any failure by the Customer to perform that agreement shall entitle Newera Imports to forfeit it, or sue for specific performance and/or damages at its discretion.
5.5. If, as a result of the breach of the Customer's obligations under this Agreement property belonging to or reserved via a deposit by the Customer is stored for more than 28 days at the premises of Newera imports (or such other premises such as sub-contractors as it may designate), we shall be entitled to charge a reasonable sum for such storage and to transfer such property to long term storage, and shall be under no liability whatsoever for any damage or deterioration in the property whilst in such storage.
5.6. Time or payment of any charges or additional payment(s) due to Newera Imports are of the essence.
6.1. Title in Goods shall not pass to the Customer until the Purchase Price and any charges under 5.3 above have been paid in full.
6.2. Notwithstanding 5.1 above, risk in the Goods shall remain with the Customer from the date of the Sales Invoice until collection or delivery.
6.3. Time for payment by the Customer shall be of the essence. If a Customer fails to comply with any time limits under any Agreement, Newera Imports shall be entitled to repudiate it, and the Customer shall compensate NEWERA IMPORTS in full on demand for all costs and expenses (including legal costs) arising in connection with or resulting from the Customer's failure to comply with the Agreement.
7.1. Newera Imports shall provide the services under any Agreement with the Customer, using appropriate skill and care and materials of satisfactory quality.
7.2. The Services shall be provided in such manner at such time as any Agreement with the Customer shall determine. The Agreement may be by way of a formal Contract between the Customer and Newera Imports, or to be construed in accordance with any communications, written or oral, passing between the Customer and us. In the event that there is any ambiguity in these communications, and doubt shall be resolved in favour of Newera Imports.
7.3. Newera Imports shall render the Services using reasonable endeavours to obtain or supply the requisite goods, and within the specified time in any Agreement, but (including but not solely when sourcing a vehicle to order) time shall not be of the essence in relation to the performance of the Services by Newera imports.
7.4. In rendering the Services, Newera Imports may use the services of sub-contractors and shall be the agent of those sub-contractors save as to oblige and entitle a Customer to take action if necessary against them. Newera imports will, however, use its reasonable endeavours to bring about the rectification of any defective work by such sub-contractors.
7.5. Newera Imports shall be not be held liable for delays as a result of matters outside its control, as a result of any fault of any sub-contractors it may employ, or as a result of defective materials or design.
8.1. The liability of Newera Imports shall (in relation to the sale of Goods) be limited to the difference between the price paid by the Customer and the value of the Goods in the condition in which the Customer received them. Under no circumstances whatsoever, will Newera Imports be liable for any other damages or costs, and specifically indirect costs, including (but without prejudice to the generality of the foregoing) damage to the Goods, costs of recovery, travel, loss of profit, accommodation or any other expenses or loss whether arising from its negligence or otherwise.
8.2. Provided the Goods comply with their description, Newera Imports will not be liable for any claim arising out of an allegation that the Goods are not original, authentic, or any other like term unless specific terms were agreed in writing between V&P and the Customer modifying this condition. All goods are sold as seen and inspected if prior viewing has taken place.
8.3. Where Goods sold comprise a motor vehicle the Customer accepts that as a modern classic or collector's car it will not be suitable for everyday use, and may have had parts and paint changed from the original specification, and will not achieve the same level of reliability as a new or modern vehicle. No representation is made as to the originality, authenticity, reliability, or mechanical or bodily condition, or fitness for any particular purpose unless set out in writing to the Customer.
8.4. In addition, the customer agrees to abide by the terms and conditions set out specifically with regard to a vehicle's warranty supplied, as separately agreed to and signed within the warranty booklet.
8.5. In any other circumstances the liability of Newera Imports shall be limited to the amount of any indemnity limit imposed by its insurers in relation to the incident in respect of which a claim is made by the Customer.
8.6. In any event Newera Imports will not be liable for any claim under any agreement made more than 12 months after such agreement was completed.
8.7. Newera Imports shall be under no liability for any injury, damage or loss sustained by any person while on our premises, except for death or personal injury caused by the negligence of Newera Imports or its employees or agents in the ordinary course of their duties to Newera Imports.
9. CANCELLATION AND RISK
9.1. In the event for any reason you wish to cancel the purchase of stocked goods, this must be agreed by us in writing & before such goods depart our storage facility. Where goods are supplied to order, cancellation is possible only before such goods are purchased and must be agreed in writing. Cancellation is subject to the costs incurred by us being charged for before the remainder of the payment is returned to the customer.
9.2. In the event you wish to cancel an order although this is not usually possible once the process of supply has begun, we may at our sole discretion offer to re-sell the goods on your behalf. In such case, goods are not Newera's property, and any costs of storage, advertising, transport, sales preparation or any other costs incurred shall be deemed your responsibility and such costs will be deducted from the final sale price. This discretionary re-selling will have no time limit. Returned funds from proceeds of a resale are not negotiable.
9.2. When you become responsible for the Goods. The Goods will be your responsibility from the time they are collected from Newera Imports by you or your authorised agent (which may include a transportation or shipping agent that we introduced to you). From this point onwards it is your responsibility to ensure that the Goods are fully and adequately insured. We will not be liable for any loss or damage caused to the Goods after collection from us.
10. STATUTORY INFORMATION
10.1. If the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to any Agreement, Newera Imports will provide a Notice setting out the Customer's rights.
10.2. All transactions to which these conditions apply shall be governed by English law, and Newera Imports and the Customer hereby submit to the exclusive jurisdiction of the English courts as duly applicable.
11. CONDITIONS OF WEBSITE USE
11.1.1. Use the website at your own risk. This website is provided to you "as is," without warranty of any kind either express or implied. Neither Newera Imports nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Newera Imports or its appointed agent. Newera Imports or its appointed agent reserves the right to change or discontinue at any time any aspect or feature of the Web site.
11.1.2. The term or 'us' or 'appointed agent' refers to the ownership & or web design & content of the website. The term 'you' refers to the user or viewer of our website.
11.1.3. Newera Imports or its appointed agent offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Newera Imports reserves the right to make changes to the posted Terms and Conditions by posting the changed Terms and Conditions in this location.
11.1.4. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Newera Imports or its appointed agent.
11.2. Exclusion of Liability
11.2.1 .The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11.3.1. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which is not the property of, or licensed to; the operator is acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
11.4.1. Except for material in the public domain under U.K copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by the United Kingdom and other foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
11.4.2. None of the material contained on Newera Imports or its appointed agent may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Newera Imports or its appointed agent. Violation of this provision may result in severe civil and criminal penalties.
We are aware of the privacy concerns of visitors & others who may visit this web site. This statement is intended to explain the types of information Newera Imports may obtain about visitors to our Web Site (the "Site") and how this information may be used.
12.1. Collected Information
We collect a limited amount of personal information from you in certain areas of the Newera Imports web site (the "Site") for various reasons. The following is a description of what information is collected:
12.2. Registration Information
Although visitors of our Site do not have to register in order to access information on our Site, customers do have to complete the enquiry and order form in order to purchase or order goods. Information is collected from you as part of your agreement to our terms & conditions. Also, there may be third party features of the Site, which could require a separate registration. You should review the applicable privacy policies of these third-party features before providing personally identifiable information. Newera Imports is not responsible for any actions or policies of such third parties.
12.4. IP Addresses
An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, web servers can identify your computer by its IP address. In addition, web servers may be able to identify the type of browser and/or type of computer you are using. Newera Imports collects IP addresses and related information for the purposes of system administration, to assess the traffic to the Site, to report aggregate information to our advertisers, and to maintain and improve the Site. WE DO NOT link IP addresses to your personally identifiable information. We can and will use IP addresses, however, to identify a user when we feel it is necessary to enforce compliance with our Terms & Conditions or to protect our service, the Site, customers or others.
12.5. Who collects this information
Newera Imports collects the information described above via this Site. In the case of third-party features such as advertising, co-branded areas or links to other web sites, such third parties may also collect information. You should review the applicable privacy policies of these third parties before providing personally identifiable information. Newera Imports is not responsible for any actions or policies of such third parties.
12.6. How collected information is used
Generally, Newera Imports uses registration information to learn more about how visitors use the Site and to measure areas of interest. This allows Newera Imports to build features and functionality that will enhance your Site experience. We might also use this information to provide customer support, enforce our Web Site Terms and Conditions or other similar matters. Aggregate information is also used to help us run and maintain the Site, study traffic patterns and generally learn about the usage of this Site.
12.7. Unrelated Companies
Newera Imports occasionally shares limited customer information with companies we hire to provide operational, marketing, or advertising support, companies that help us distribute our products and services, or companies that provide products and services we want to offer. The companies we choose must satisfy our security and privacy requirements. We share your information with these companies only if they agree to treat it confidentially and only if it is legally permissible to do so. We limit the information we provide these companies to what we reasonably believe they "need to know" in connection with their agreement with Newera Imports, and we don't permit them to use our customer information for any purposes outside our oversight or control.
12.8. Government Authorities and Litigation
Sometimes a law, court order, or other judicial or administrative process requires us to provide information to a government authority or party to a private lawsuit. We will provide the information that we in good faith believe is required to comply with the law, order, or another process. We may also have to disclose certain information in court documents if we have to bring an action against you, for example, to collect a debt you owe us.
12.9. With whom the information may be shared
We will not knowingly disclose or authorize the disclosure of personal identifiable information (PII) other than aggregate statistical information to any third party without your consent unless (1) we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may have breached our Web Site Terms and Conditions or who may be causing injury to or interference with (either intentionally or unintentionally) Newera Imports rights or property, other Site users, or anyone else who could be harmed by such activities or (2) we believe in good faith that the law requires it.
12.10. Link to other websites
12.11. Security Procedures we use
Newera Imports has adopted and adheres to security standards to protect non-public personal information against accidental or unauthorised access or disclosure. We have developed administrative, physical, and technical barriers to protect the information stored on this Site.