Terms & Conditions

General

Correspondence

All correspondence relating to Marshams should be sent to:

Marshams

88-90 Upper Stone Street

Maidstone

Kent

ME15 6HD

Email: sales@marshams.co.uk

Telephone: 01622 200100

Registered office: Knightrider Motor Company Ltd t/a Marshams,

88-90 Upper Stone Street,

Maidstone,

Kent.

Registered in England with company number 04123991.

VAT number: 765 0808 18

Test driving a car - eligibility

For insurance purposes, to take a car for a test drive you must be at least 21 years old and have held a valid driving license for over a year.

Key facts about our insurance services and funding your purchase

The Financial Conduct Authority (FCA)

The FCA is the independent watchdog that regulates financial services. Use this information to decide if our services are right for you.

Whose products do we offer?

We offer products from a single insurer, Car Care Plan are administrators of our Mechanical Breakdown cover (MBI) product, Ceramic Paint Protection and we also offer Car Care Plan General insurance product GAP Cover.

We can introduce you to carefully selected lenders including but not limited to, Motonovo , Santander Finance and BNP Paribas Motor Finance, who may pay us for introducing you. We offer Hire Purchase to fund car buying and Personal Loans to fund additional products.  Me may also introduce you to a sub-prime finance broker, who can provide specialist assistance if you have experience bad credit previously.

Which service will we provide you with?

We will advise and make a recommendation for you after we have assessed your needs and eligibility for General Insurance & MBI contracts.

We are not an Independent Financial Advisor and are unable to provide independent financial advice.

What will you have to pay us for this service?

No fee for MBI or GI contracts.

No fee for introducing you to a Finance provider.

Who regulates us?

Knightrider Motor Company limited t/a Marshams is authorised and regulated by the Financial Conduct Authority. Our FCA Register number is 686188.

Our permitted business is advising and completing non-investment insurance contracts and financial services.

You can check this on the FCA's Register by visiting the FCA's website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768 or 0300 500 8082.

Supply & Purchase of Vehicles

Purchasing and collecting a vehicle - terms & conditions

The collections procedure is subject to completion of the pre-delivery inspection and any repairs that may arise from it. We will confirm with you the collection date by either phone or email. Please allow one hour for collection of a vehicle Valid UK / EU Driving License including photo section OR Valid Passport AND 2 proofs of present address dated within the past 3 months are required for identification on every collection. (Bank Statement, Council Tax or Utility bills, excluding mobile phone).

Payment methods

UK Debit cards, Direct Transfer are acceptable for full or part payment, however, we only accept credit cards up to a maximum payment of £2000. Marshams will only accept cash payments up to the value of £6000

Please note: unfortunately, we cannot accept Building Society Cheques or personal cheques on the day of collection. All collections must be paid with cleared funds.

External Finance

If you use an external finance company to pay for your car, there will be an external finance admin fee of £300 to cover administration costs. You will be able to add the external finance admin fee to the price of the car.

Deposits

The minimum required to secure a car is a £200 deposit, this is refundable if you have not seen the vehicle prior to purchase. Once the vehicle has been viewed and the purchase agreed the deposit is non-refundable. Deposits will be fore fitted if the vehicle is not collected at the agreed time.

Trade sales

As our prices are genuinely low we often sell to traders and other dealerships. To ensure our best car prices are available to the public we charge traders an additional £500 to buy directly from Marshams.

Vehicle Security

Marshams accepts responsibility that all vehicles are not subject to a category A,B,C or D insurance total loss, are not recorded on the stolen register, and are not subject to a finance agreement. This is in addition to your statutory rights. We will check every vehicle prior to sale on the HPI register.

Ownership of goods shall not be passed onto the customer until the price has been paid in cash or cleared funds but risk shall be passed to the customer on delivery.

Apply for finance - terms & conditions

Finance is provided, subject to status. To apply you must be at least 18 years old and a UK resident. A guarantor may be required. Security may be required by way of a Bill of Sale.

Credit is only available on cars supplied by us.

Telephone calls may be monitored or recorded for security and quality control. Information is available in large print, audio and Braille on request please call for details.

Use of Your Information

If you make an application, your details will be held on computer and used in a credit scoring or other automated decision-making process when assessing your application. Marshams work with a number of Credit Providers who provide vehicle finance. We will pass your application to more than one Credit Provider (if it is not initially accepted) in order to give the best chance of securing finance. This may result in multiple credit searches. If you provide false or inaccurate information we will record this. We and other organisations may then use and search these records to check your identity, to prevent fraud and money laundering. You can ask for details about the Credit Reference and Fraud Prevention Agencies from whom and with whom we share this information. Please call us on 01622 200100. You have a legal right to these records.

For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any "associated" records.

If you are a joint applicant or if you have told us of some other financial association with another person, you must be sure that you are entitled to:

*disclose information about your joint applicant and anyone referred to by you.

*authorise us to search, link or record information at credit reference agencies about you and anyone referred to by you.

An "association" between joint applicants, and between you and anyone you tell us is your financial partner, will be created at credit reference agencies. This will link your financial records, each of which will be taken into account in all future applications by either or both of you. This will continue until one of you successfully files a disassociation at credit reference agencies.

You authorise us to make all enquiries necessary to verify this information to enable us to consider this application. If you apply for insurance your information will be passed to the administrators and the insurers for underwriting, processing claims handling and fraud prevention.

Your personal data which may include sensitive information such as medical details, will be treated in confidence and will not be disclosed to any third parties except where permitted by law or where you have given your consent, however, it may be shared with selected third parties and the Insurers (and their administrators) who may also use it for marketing, research, statistical analysis and administration purposes. For further information on the companies with whom your information may be shared please contact us. You may be contacted by mail, telephone, fax, email, automated calling systems or other reasonable method with details of products or services offered by one of the above. If you do not want your details to be used for marketing please call us on 01622200100. Under the terms of the Data Protection Act you have the right to obtain a copy of the information held about you upon payment of the appropriate fee.

Marshams Return and Deduction policy

In the unlikely event of Marshams accepting the return of your vehicle for a refund. We will require the vehicle to be returned in the same condition as when it was purchased.

We will also exercise our right to deduct a reasonable sum of money having taken in to account the usage of the vehicle and any failure to keep it in good repair and condition.

This will include but not limited to our right to charge the consumer 50 pence per mile for each mile covered since the date of sale, along with the cost of any estimate for repairs required to any damage to the vehicles interior and exterior that was caused whilst the vehicle was in your possession.

Service / Aftersales

Terms of Business of Marshams of Parts and Supply of Services (Servicing and Maintenance)

'Marshams' means Knightrider Motor Company Limited t/a Marshams (Company number 4123991). 

""Contract' means the contract formed by Marshams' acceptance of the Order.   'Customer' means the customer whose details are stated in the Order.   ""Goods' or 'Parts' means the parts, accessories or consumables specified in the Order to be sold to the Customer and which are the subject matter of the contract governed by the terms of business.   ""Order' means the order (whether presented verbally or by way of an order in hard copy or electronic format) by which the Customer orders the Goods and/or Services from Marshams.   ""Service Plan' means any subscription plan offered from time to time by Marshams for the provision of Services by Marshams to the Customer. 

'Services' means the repair maintenance or servicing specified in the Order to be carried out by Marshams for the Customer (including, where applicable, in any Order for a Service Plan). 

""Subscription Fees' means the subscription fees payable by the Customer to Marshams for the Service Plan, as set out in the Order therefor.

1.  The sale of Goods and/or the provision of Services by Marshams to the Customer shall be governed by these terms of business. No employee or agent has the authority of Marshams to vary these terms, which may only be varied by agreement in writing between the Customer and a director of Marshams. 

2.  Each Order shall be deemed to be an offer by the Customer to purchase the Parts and/or accept provision of the Services subject to these terms and conditions. No Order shall be deemed to be accepted by Marshams until the Order is signed by a director of Marshams or (if earlier) Marshams delivers the Parts or commences the provision of the Services.

Sales of Parts 

3.  Marshams shall endeavor to deliver a Part by the estimated delivery date but it does not guarantee to do so, and time shall not be of the essence. Subject to clause 28, Marshams shall not be liable to the Customer for any delay in delivery of the Parts that is caused by a matter beyond its reasonable control. There shall be no obligation on Marshams to satisfy orders in any sequence.   

4.  Marshams shall be entitled to cancel an Order by notice (which may be given verbally) if the manufacturer ceases to make the Part.     If as a consequence of matters outside of Marshams' reasonable control a Part is not available for the Customer within 14 days of any estimated date the Customer or Marshams shall be entitled to cancel the Order by written notice.  In each case, Marshams shall promptly refund to the Customer the price of such Parts and subject to clause 28, Marshams' liability for any such cancellation shall be limited to the costs and expenses incurred by the Customer in obtaining replacement parts of similar description and quality in the cheapest market available less the price of the Parts actually delivered.   

5.  These terms shall be subject to any terms and conditions lawfully imposed by the manufacturer or concessionaire in connection with the sale or resale of Parts and subject to clause 28, Marshams shall not be liable for any losses howsoever arising as a result of its compliance with such terms. A copy of these terms may be inspected on request to Marshams. Marshams will endeavor to obtain for the benefit of the Customer any warranty or guarantee given by the manufacturer or supplier of the Parts.

6.  Delivery of the Parts shall take place at Marshams' place of business from time to time.  In the event that the Customer does not collect the Parts within seven days of being notified that they are available for collection, Marshams shall be entitled to (i) store the Parts until actual delivery and charge the Customer for all reasonable related costs and expenses (including storage and insurance); or (ii) treat the Contract as repudiated by the Customer (in which event it shall promptly refund to the Customer the price of such Parts less a sum equivalent to a reasonable  administration fee, and any damages, losses and expenses which Marshams may have reasonably suffered as a result of the Customer's default).

7.  If Marshams supplies Parts which are faulty or not in accordance with the Order the Customer may return those Parts to Marshams and will receive a full refund of any sums paid and any reasonable costs incurred in returning the Parts to Marshams, provided that those Parts are returned within seven days of delivery to the Customer and they are unused and undamaged and in the same condition as when delivered to the Customer.   8.  Marshams shall accept Parts returned by a Customer which are in accordance with the Order and not defective but may at its option levy a charge equal to 25% of the price of those Parts and the cost of returning those Parts to Marshams shall be borne by the Customer.

9.  Where the Customer is dealing as a consumer, the guarantees given in clauses 5, 7 and 8 are in addition to his legal rights in relation to Goods that are faulty or not as described.

Servicing 

10.  Marshams shall not be obliged to accept instructions to carry out work to a vehicle

even if it has given a quotation for such work. A quotation shall only be effective for 28 days and may be revised if prior to accepting instructions to carry out the work the cost to Marshams of Parts has increased.

11. If no price is agreed in advance with the Customer or if part only of the work is carried out then Marshams shall be entitled to charge a reasonable sum for the Parts fitted and work carried out (including work done to investigate what is required and reassembly).

12.  Ownership of any parts removed by Marshams (for example if they are replaced or passed their useful working life) shall immediately pass to Marshams upon their removal and shall be disposed of as Marshams sees fit unless the Customer advises Marshams in advance that it wishes to retain those parts.  Marshams will pass on the cost of disposing of parts in a environmentally sale manner.

13. If in Marshams opinion it is not reasonably practical to carry out the work it has been instructed to do Marshams may decline to carry out such work or to carry out only such work at it considers to be practical. Marshams shall be entitled to charge a reasonable sum for the Parts fitted and work carried out (including re-assembly) in such circumstances.

14.  Marshams shall endeavor to carry out the work by the estimated date for completion, but it does not guarantee to do so and time shall not be of the essence. Subject to clause 28, Marshams shall not be liable to the Customer for any delay in performance of the Services that is caused by a matter beyond its reasonable control.

15. Provided that Marshams are notified by the Customer of any defect within three months from the date on which the work is completed, or if sooner before the vehicle has travelled 3000 miles, work undertaken by Marshams are warranted against failure for defective workmanship for a period of three months from the date on which the work is completed or until the vehicle has traveled 3000 miles, which ever shall occur first.

16.  Unless Marshams otherwise agrees all sums payable to Marshams shall be paid in cash. Marshams shall not be obliged to permit the Customer to take possession of the

vehicle until all sums owed to Marshams have been paid in cleared funds. Marshams shall have a general lien over the vehicle and its contents until all sums owed to Marshams not been paid within one month of written notice from Marshams requiring such payment, ownership of the vehicle and its contents shall pass to Marshams and Marshams may sell the same for a fair trade price and may settle any sums due to Marshams from the proceeds and shall return the balance if any to the Customer.

17. The Services shall be provided at Marshams' place of business from time to time.  The Customer shall collect the vehicle within three days of being advised by Marshams  that it is ready for collection and Marshams if the Customer is in breach of this obligation  Marshams may, without prejudice to any other remedy which may be available to it,  charge the Customer garage rent at the rate of £20 per day.

Service Plans

18. In the event that the Customer subscribes to a Service Plan, the Services to be performed by Marshams under that Service Plan shall be those specified in the section headed “Plan Details” in the Order for the Service Plan in respect of the vehicle described in the section headed “Vehicle Details” in such Order, and (unless agreed  in writing by Marshams) shall not include any service items which are not specified on the relevant Order, including brake fluid changes, cambelt changes and normal wear  and tear items including tyres and brake pads.

19. The price payable in respect of the Service Plan shall be the Subscription Fees. The Subscription Fees shall not increase during the initial term specified in the Order for the Service Plan, but this shall not restrict or prevent Marshams from increasing the Subscription Fees at the start of any renewal term upon 28 days' prior notice to the Customer.

20. The Customer shall make payment of the total Subscription Fees by cash, cheque or debit or credit card.  If the Customer elects to do so in the Order and provides to Marshams valid, up-to-date and complete banking details, it shall be entitled to make payment of the Subscription Fees on a monthly basis by direct debit to such account as Marshams shall notify to it.

21. If at any time during performance of the Services, the Customer requires additional services to be performed by Marshams which are outside the scope of those  to be performed under the Service Plan, or Marshams, in its reasonable opinion, believes that any such additional services are necessary, including in each case, any  service items of the type described in clause 18, then the provision of such additional  services shall be subject to an additional Order and Marshams shall charge the Customer and the Customer shall pay, Marshams' then current price in respect of the  same.  The Customer acknowledges and agrees that Marshams shall not perform any Services on account, and that the Service Plan is not a form of budget account and cannot be used in any manner which would entail (or be likely to entail) the lending of money.

General terms which apply to the sale of vehicles, the sale of parts and servicing of vehicles.

22. The sum payable by the Customer in respect of VAT shall be calculated at the rate which applies at the date on which the taxable supply is made notwithstanding that a different amount may have been specified in the Order.

23. Risk of damage to or loss of Goods to be sold to the Customer shall pass on delivery to the Customer. Notwithstanding delivery and passing of risk in the Goods to the Customer the property in any Goods to be supplied to the Customer shall not pass until Marshams has received payment in cash or cleared funds payment in full of the price of the Goods. Until such time as the property in the Goods has passed to the Customer Marshams may at any time require the Customer to deliver up the Goods  to Marshams and may enter any property of the Customer or of a third party where the  Goods are located and repossess the Goods.

24. Any notice to be given to the Customer may be sent by post to his last known address and any notice to Marshams may be sent to its registered office and shall be deemed to have been received 48 hours after posting.

25. No person other than the Customer and Marshams shall be entitled to enforce any term or right arising under these terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

26. Subject as expressly provided in these terms and except where the Customer is dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

27. Where the Customer is dealing as a consumer, he has legal rights in relation to Goods that are faulty or not as described, and such Customers can obtain advice about their legal rights from their local Citizens Advice Bureau or Trading Standards Office.  Nothing in these terms will affect these legal rights.

28. Nothing in these terms excludes or limits Marshams' liability for: (i) death or personal injury caused by the negligence of Marshams, its agents or employees; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by s12 of the Sale of Goods Act 1979 and s2 of the Supply of Goods and Services Act 1982; or (iv)  any other matter for which it would be unlawful to seek to exclude or limit its liability.

29. Subject to clauses 28 and 30:

(i) Marshams' total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with  the performance of contemplated performance of the Contract shall be limited to the  amount paid by the Customer; and (ii)  Marshams shall not be liable to the Customer for any loss (whether direct or  indirect) of profits, time, revenue, goodwill, business or anticipated savings or for any  incidental, indirect, special, consequential or punitive loss or damage (whether  foreseeable or unforeseeable) howsoever caused, which arises out of or in connection with the Contract.

30. Where the Customer is dealing as a consumer, and subject to clause 28: (i) Marshams shall be liable to the Customer for any loss or damage suffered by the  Customer as a foreseeable result of Marshams' breach of these terms; and (ii)  Marshams shall not be liable for any loss or damage that is not foreseeable or for  any loss of profit, business, business interruption or business opportunity. Loss or damage is foreseeable if they were an obvious consequence of Marshams' breach of if they were contemplated by Marshams and the Customer at the time they 

entered into the Contract.

31. Marshams may provide Services or contract to sell Parts to the Customer in circumstances where the Customer anticipates that any sums due to Marshams will be paid by an insurance company. In such circumstances Marshams may assist the Customer by seeking payment from the insurance company but the Customer shall at all times remain primarily liable for all sums due to Marshams and shall settle any outstanding amounts to Marshams immediately on request.

32. If any provision of these terms and conditions is agreed by the parties to be  illegal, void or unenforceable under any law or if any court or tribunal of competent  jurisdiction in a final decision so determines, these terms and conditions shall continue to apply save that such provision shall be deemed to be exercised therefrom with effect from the date of such agreement or decision.

33. These terms and conditions and any contract entered by Marshams and the Customer pursuant to them shall be governed by English law and the Customer hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales

Website Terms & Conditions

Access to www.marshams.co.uk is subject to the following terms and conditions. Please take the time to read through these before continuing to use Marshams or www.marshams.co.uk.

On accessing the www.marshams.co.uk on this and on each subsequent occasion you will be deemed to have accepted all the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of www.marshams.co.uk after changes are posted online shall constitute acceptance of the new terms and conditions.

In these terms and conditions:

"we/us/our" means Knightrider Motor Company Ltd trading as Marshams

"you"/"your" means the user of the online services.

Access to www.marshams.co.uk is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on www.marshams.co.uk without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of or the website

Content

In consideration of our agreeing to permit you to use www.marshams.co.uk to search our database of vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes.

The pages contained in www.marshams.co.uk may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

The information contained in the material in www.marshams.co.uk is only for information purposes. The material on www.marshams.co.uk does not constitute advice and you should not rely on any material on www.marshams.co.uk to make (or refrain from making) any decision or take (or refrain from taking) any action.

Copyright and trade marks

All rights, including copyright, in the content of these web pages are owned by Knightrider Motor Company Ltd t/a Marshams

You may not copy any of the content from our website to incorporate into any other website any of our website content or logos without our written permission.

Liability

The material that we display is provided without any guarantees, conditions or warranties as to its accuracy. We will make every effort to check all information prior to publication however it is important that you do not rely solely on this information but check with Marshams about any terms you feel will affect your decision to purchase a car. No liability is acceptable for loss or damage resulting from errors or omission on www.marshams.co.uk

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

You may establish a hypertext link to the home page of www.marshams.co.uk, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.

These terms and conditions of access together with our privacy policy contain the entire agreement and understanding between the parties relating to www.marshams.co.uk and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party.


If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.


These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

Correspondence

All correspondence relating to www.marshams.co.uk should be sent to:

Marshams

88-90 Upper Stone Street

Maidstone

Kent

ME15 6HD

Email: sales@marshams.co.uk

Telephone: 01622 200100

Registered office: Knightrider Motor Company Ltd t/a Marshams,

88-90 Upper Stone Street,

Maidstone,

Kent.

Registered in England with company number 04123991.

VAT number: 765 0808 18