Heading
Close X
Menu
PJ Nicholls has made every effort to ensure the accuracy of the information contained in this site.
Whilst every effort is made to produce up to date products and specifications, this site should not be regarded as an infallible guide to our vehicles products and services, nor does it constitute an offer for the sale of any particular vehicle.
All rights, including copyright and database right, in the website and its contents, are owned by or licensed to PJ Nicholls, or otherwise used by PJ Nicholls as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from PJ Nicholls or the copyright holder.
You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.
PJ Nicholls reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. PJ Nicholls reserves the right to monitor submissions to the site and to edit or reject any submissions.
We try to ensure that information on our site is accurate, complete and up-to-date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use the site.
Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'AS IS' and on an 'IS AVAILABLE' basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.
In no event will PJ Nicholls be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.
Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.
All names, images, logos identifying PJ Nicholls are proprietary marks of PJ Nicholls. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. PJ Nicholls does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
PJ Nicholls does not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of PJ Nicholls and you visit entirely at your own risk.
The software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software - we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. PJ Nicholls cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.
FREE NATIONWIDE DELIVERY
Our Free Nationwide Delivery Offer is applicable to all vehicle purchased online. We will endeavour to deliver your vehicle in the agreed timescale, but we cannot be held responsible for any delays.
Vehicles will be driven by either a staff member of P J Nicholls Ltd, or by our appointed agent.
Home delivery is only available Monday - Friday and across mainland England, Wales and Scotland (subject to the delivery location being accessible). The following locations are excluded from Home Delivery: Northern Ireland, Ireland, Scottish Highlands, Orkney Isles, Outer and Inner Hebrides, Western Isles, Shetland Isles, Isle of Man, Isle of Wight, Scilly Isles and Channel Isles.
In order to protect against fraud (including identity theft) the following process will be followed, failure to adhere to this will result in the delivery being cancelled, and customer collection will be required:
- Customers are required to provide sight of their driver's licence prior to Home Delivery either (i) by video call with the supplying dealership; or (ii) by prior arrangement in person at a one of our P J Nicholls Dealerships.
- Home Delivery will be to the customer address on the Vehicle Order Form which must match the address on the customer's driver's licence.
- The vehicle will be driven to the customer address by the supplying dealership (or its agent).
- Delivery of the vehicle will only be to the named customer and their driver's licence must be available to be re-checked on delivery.
We reserve the right to refuse delivery if any of the above is not provided, or the delivery driver determines that our policy is breached.
Terms & Conditions for Reserve Online
Once successful payment of the reservation fee has been made, we will reserve your chosen vehicle (the Vehicle) for you for 24 hours (the Reservation Period) to enable you to contact one of our sales advisors. If you make an appointment within the Reservation Period, we will reserve the Vehicle for you until the time of your appointment and extend the Reservation Period until your appointment.
If you have not made contact with us within 24 hours to discuss the Vehicle, the Reservation Period will end, your reservation will be cancelled, and your reservation fee will be refunded to you.
There is no obligation for you to buy the Vehicle, or for us to sell the Vehicle, because of the reservation fee payment. When we receive the reservation fee in cleared funds, we will reserve the Vehicle for you and prevent its sale to a third party for the duration of the Reservation Period. You will receive a confirmation email once the reservation is effective, if you have reserved online, however If you do not receive a confirmation email, then your reservation has not been successful, in this instance please contact us.
If the Vehicle has already been sold or reserved (before your reservation fee is paid) but the website has not yet been updated then we will try and find a suitable alternative vehicle, you are under no obligation to accept the alternative vehicle, and your reservation fee will be refunded.
If you do not make arrangements with the dealership within 24 hours, or if you do not attend an agreed appointment, the Reservation Period will end, and your reservation will be cancelled, with your reservation fee refunded.
If you attend an appointment to discuss the Vehicle and decide not to proceed, the Reservation Period will end. If you purchase the Vehicle at that appointment, your reservation fee will be retained by us as part-payment towards the Vehicle and will be treated as a deposit for the Vehicle. If the Vehicle is not suitable, and you do not wish to purchase it, your reservation fee will be refunded to you.
We may cancel your reservation if you have reserved more than 2 vehicles at any one time, or if the Vehicle is withdrawn from sale for any reason. Your reservation fee will be refunded in either case.
Refunds will only be processed by the same method as the original payment and to the same card. Refunds will be processed within 7 days of the request, or of cancellation of your reservation, or upon your confirmation that you do not wish to purchase the Vehicle.
We are not responsible for any loss or damage resulting from the failure to comply with these terms, which is outside of our control, or for any loss or damage that was not foreseeable. We have no liability for any loss of profit, business, or business opportunity.
VEHICLE PURCHASES
TERMS AND CONDITIONS OF SALE FOR MOTOR VEHICLES
1. Definitions
1.1 “The Dealer”, the person designed overleaf who is the vendor of the goods to the customer.
1.2 ”The Customer”, the person designed overleaf, contracting for goods and services to be supplied by the
Dealer.
1.3 “Consumer” a Customer, being an individual who, for the purposes of the purchase, is acting wholly or
mainly outside of their trade, business, craft or profession
1.4 ”Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.5 “Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and
every accessory to and component thereof.
2. Whole Contract
2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied
only by written agreement between the parties.
3. Interpretation
3.1 The singular shall include the plural and the male shall include the female or business entity as may be
appropriate.
4. Enforceability
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the
remaining terms and conditions shall nonetheless remain in full force and effect.
5. Written Confirmation
5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and
confirmation in writing by the Dealer.
6. Delivery Time Not of the Essence
6.1 Unless specifically agreed in writing, time for delivery is not essential.
6.2 Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only
and is dependent on the provision of the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer
will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does
not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which
they are placed.
6.3 If the Dealer shall fail to deliver the Goods within 21 days of the estimated date of delivery stated in this
contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 14 days
of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 14 days the
contract shall be cancelled.
7. New Goods
If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
7.1 This Agreement and the delivery of the Goods shall be subject to any terms and conditions which the
manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the
resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods
occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance
with such terms and conditions. A copy of the terms and conditions currently so attached by the
manufacturer or concessionaire may be inspected at the Dealer’s office.
7.2 The Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or
concessionaire is performed and that they will use their best endeavours to obtain for the Customer from
the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer
or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as
defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise,
are hereby expressly excluded.
7.3 Any figure provided within the contract for Car Tax is provided as guidance only. Notwithstanding the sum
for Car Tax specified in the order, the sum payable by the Customer in respect thereof shall be such sum as
the Dealer has legally had to pay or becomes legally bound to pay for Car Tax in respect of the Goods.
7.4 Any figure provided within the contract for Value Added Tax is provided as guidance only. Notwithstanding
also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect
thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.
7.5 If after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or
concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, the
Dealer shall give notice of any such alteration to the Customer, and
7.5.1 in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being
increased, the amount of such increase which the Dealer intends to pass to the Customer shall be
notified to the Customer. The Customer shall have the right to cancel the contract within 14 days
of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase
in the price shall be added to become part of the contract price.
7.5.2 in the event of the recommended price being reduced, the amount of such reduction, if any,
which the Dealer intends to allow to the Customer shall be notified to the Customer. If the
amount allowed is not the same as the reduction of the recommended price the Customer shall
have the right to cancel the contract within 14 days of the receipt of such notice.
7.6 In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that
type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the
Customer, cancel the contract on the grounds of frustration.
7.7 Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of
the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby
expressly excluded.
8. Used Goods
8.1 If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of
delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):
8.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or
any amending statutes.
8.1.2 prior to signing this order form, the Customer shall examine the Vehicle and items set out in the
Customer’s Certificate of Examination overleaf and the purchaser is reminded that the conditions
of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not
operate in relation to such defects which the examination ought to reveal. Should the Goods be
sold also subject to defects notified by the Seller to the Customer before signing the agreement,
the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to
those defects.
8.2 Save in the case of Consumer sales (as defined) all statements, conditions, or warranties as to the
quality of the Goods or their fitness for any purpose whether express or implied by law or
otherwise, are hereby expressly excluded.
9. Variation
9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be
deemed to be an amendment to this Contract and shall not constitute a new contract.
10. Delivery and Payment
10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are
available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for
Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the
contract until the deposit is paid in full.
11. Place of Delivery
11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.
11.2 In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s
premises.
12. Repudiation by Customer
12.1 If the Customer does not pay for and take delivery of the vehicle within 14 days of notification that the
vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this
happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the
Dealer shall sell the vehicle to another person. The Dealer will refund the deposit but before doing so, they
are entitled to recover from the deposit the additional costs they incur in re selling the vehicle, plus any
reduction in the sales price achieved. The Dealer shall keep the deposit whilst they display and advertise
the vehicle as being for sale. If it is not sold within a reasonable time the Dealer shall sell it at auction.
12.2 Once the Dealer has sold the vehicle, they shall notify the Customer within 7 days as to how much they
have lost as a result of having to re sell. If this amount is less than the deposit, then the Dealer will refund
the balance of the deposit with the notification. If the claimable amount is more than the deposit, then the
Dealer will include a statement showing how much the Customer owes the Dealer to make good the loss.
The Dealer will provide copies of any receipts if the Customer requests them.
12.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
13. Loss or Damage
13.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by
negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value
not related to the Vehicle.
14. Return of Deposit
14.1 If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the
Customer and the Dealer shall be under no further liability.
15. Retention of Title and Risk
15.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the
physical possession of the Customer or their nominated representative.
15.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the
Customer shall have paid to the Dealer the full price together with all storage charges and interest that may
be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer
acknowledges that they are in possession of the goods solely as agent of the Dealer.
15.3 Until the Customer becomes owner of the Goods, they will store them separately from his own goods or
those of any other person and in a manner which makes them readily identifiable as the goods of the
Dealer.
15.4 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they,
being a company, do anything, or fail to do anything which would entitle a Receiver to take possession of
any assets or which would entitle any person to present a petition for winding-up.
15.5 Should the Customer’s right of possession cease they will notify the Dealer and immediately make the
goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any
premises where they are stored or where they are reasonably thought to be stored and may repossess
them.
15.6 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the
Goods subject to the express condition that such an agreement to sell shall take place as agents (save that
the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own
account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled
with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the
Dealer’s monies.
16. Right of Lien
16.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing
to the Dealer by the Customer on any account whatsoever.
17. Part Exchange
17.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer
delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby
agreed that the following further conditions will apply.
17.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer
overleaf, including but not limited to the age, mileage and condition of the vehicle.
AND
17.1.2 that such used Vehicle is the absolute property of the Customer and is free from all
encumbrances.
OR
17.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance
capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the
amount required to be paid by the Dealer in settlement thereof.
17.2 If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the
used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear
and tear excepted).
17.3 That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by
them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.
17.4 That without prejudice to 17.3 above, such used vehicle shall be delivered to the Dealer within 14 days of
notification to the customer that the Goods to be supplied by the Dealer are available for delivery.
17.5 If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be
delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where
that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not
exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30
days, to the date of delivery to the Customer of the Goods.
17.6 In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 above, the Dealer
shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in
respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the
Dealer.
18. Authority to Contract
18.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably
believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make
delivery of the vehicle shall be paid for by the Customer.
19. Authority to Uplift
19.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so,
the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds
whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably
believed to be the agent, or to have been at some time, connected with the Customer.
20. Authority to Drive
20.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in
connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall
deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange
in terms of clause 17.
21. Finance
21.1 Notwithstanding the provisions of this agreement, the Customer shall be at liberty before the expiry of 7
days after notification to him that the Goods have been completed for delivery to arrange for a finance
company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the
Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have
effect but any used Vehicle for which an allowance was there under agreed to be made to the Customer
shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause
17 above (save that in 17.3, 17.4 and 17.5 thereof all reference to ‘delivery’ or ‘delivered’ in relation to the
‘Goods’ shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance
company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the
said price and any deposit paid by him under this agreement.
22. Notices
22.1 All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by
the Dealer in the normal course of post to the Customer’s address shown overleaf.
23. Export Outside EU
23.1 The Dealer reserves the right to cancel this order if it believes that;
23.1.1 the Customer intends to resell the Goods outside the European Union (Contract Territory) for
commercial gain within a period of 12 months; or
23.1.2 where the Customer is a corporation its place of business is not within the European Union; or
23.1.3 where the Customer is a finance company and either, the Goods are not being purchased on
behalf of an end user or they are and such end user is not resident nor has its place of business
within the European Union.
23.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and
direct losses (to include but not limited to any service commission paid to the manufacturer and any debit
back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or
incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third
party) the Goods outside the European Union.
24. Distance Selling
24.1 If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away
from our business premises and/or without any face to face contact between us and you; or anyone acting
on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without
giving any reason.
24.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes
delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must
inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post,
fax or email) to our address as set out overleaf.
24.3 To meet the cancellation deadline, it is sufficient for you to send your communication confirming your
exercise of the right to cancel before the cancellation period has expired.
24.4 If you cancel this Agreement, we will reimburse to you all payments received from you under this
Agreement, without undue delay, and not later than:-
24.4.1 14 days after the day on which we receive the Goods back; or
24.4.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
24.4.3 if there were no Goods supplied, 14 days after the day on which we are informed about your
decision to cancel this Agreement.
24.5 We will make the reimbursement using the same means of payment as you have used for the initial
transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a
result of the reimbursement.
24.6 We may withhold reimbursement until we have received the Goods back or you have sent evidence of
having sent back the Goods to us, whichever is the earliest. You should send back the Goods or deliver
them back to us at the address shown overleaf, without undue delay and in any event not later than 14
days after the day on which you communicate your cancellation of this Agreement to us.
24.7 This deadline is met if you send back the Goods before the period of 14 days has expired. We will require
that you bear the cost of returning the Goods to us.
24.8 You must take reasonable care of the Goods whilst they are in your possession. You will be responsible for
any loss or damage from when they are delivered to you until when they are returned to us.
24.9 You are liable for any diminished value of the Goods resulting from the handling other than what is
necessary to establish the nature, characteristics and functioning of the Goods.
25. Storage Charges
25.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or
vehicles.
26. Dispute resolution/ Jurisdiction
26.1 In the event of a complaint or dispute of any kind our complaints handling procedure which can be found
on our website at www.pjnicholls.com/complaint and is available from us on request.
26.2 Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the
dispute to the following ADR processes,
26.2.1 where your complaint does not relate to a financial service, RMI National Conciliation and
Arbitration Service. For details of this service the Customer can contact them on ncs@rmif.co.uk.
26.2.2 where your complaint relates to Financial Services, the Financial Ombudsman Service. This
service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or
you can visit their website at www.financial-ombudsman.org.uk, email them at
complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service,
Exchange Tower, London E14 9SR.
26.3 Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by
and construed in accordance with the laws of England and Wales and shall be subject to the exclusive
jurisdiction of the English Courts.