Terms & Conditions
ACCESS TO WEBSITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website 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 our Website, or our entire Website, to users who have registered with us.
By using the Website to search for 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. You must only use the contact details provided by private advertisers to contact them in connection with a genuine enquiry relating to the purchase of the vehicle in question.
Pages contained in the Website 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 The information in these pages may be updated from time to time and may at times be out of date.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 do not accept responsibility for keeping the information up to date or liability for any failure to do so.
The material on the Website is only for information purposes. It does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
We give no warranties, conditions, guarantees or representations, express or implied, as to:-
- the completeness or accuracy of the advice and information contained on the Website or any associated website;
- the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, the authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
- the results of any search of our database or circumstances where there is a limited number of vehicles selected by the search on our database which might meet the searcher’s requirements.
The Website publishes advertisements placed by third parties to advertise their vehicles and other goods and/or services. We do not own the vehicles or goods advertised for sale on the Website and have no liability for these or for any losses that you may incur as a result of purchasing a vehicle, goods and/or any services advertised by third parties. If you choose to purchase a vehicle, goods and/or services advertised for sale by third parties on the Website, the contract will be between you and the third party advertiser and not with us.
COPYRIGHT AND TRADEMARKS
All rights, including copyright, in the content of the web pages, in the photographs of any vehicles displayed on the Website and all database rights in our database of vehicles, are owned or controlled for these purposes by us.
All trademarks, names and logos are the proprietary marks of ARROW COMMS or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. No conditions within these terms use confer on you any licence or right under any trademarks, names or logos.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. You understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ARROW COMMS with respect to any such Content.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise by implied by statute.
Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:
- Loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available online. We, therefore, provide the Website on an “as is” and “as available” basis.
We make no warranty that the Website ( or associated Websites) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
CUSTOMERS TERMS & CONDITIONS
Terms and Conditions of Sale
- The Goods
- The goods are as specified in the Sales/Purchase order.
- All descriptions, drawings and particulars relating to the goods in any catalogues, leaflets, brochures or other documents are for illustration purposes only and do not form part of the agreement between Arrow Comms Ltd and the User. All representations as to the performance of the goods are based on information supplied by the manufacturer of the goods and relate to their performance in in normal conditions and when used correctly.
- Unless otherwise expressly agreed, goods supplied will be in accordance with manufacturer’s normal designs and specifications current at the date of manufacture or delivery and the supply by Arrow Comms Ltd of goods differing from any contractual or pre-contractual specifications or descriptions shall not be a breach of the agreement between Arrow Comms Ltd and the User in so far as the goods are of approximately equivalent performance to the goods referred to in such specifications or descriptions.
- Delivery and Risk
- The time for delivery of the goods is not of the essence. The agreed dates for delivery are estimates only and failure by Arrow Comms Ltd to comply with them will not be a breach of these conditions
- The goods shall be at the User’s risk from the time of delivery, or, if the User has requested that it will arrange for the collection of the goods, the goods shall still be at the Users risk on the date that Arrow Comms Ltd has notified the User that the goods are ready for collection.
- If any payment due to Arrow Comms Ltd is overdue for 30 days or if the User ceases to trade or enters into any arrangement with its creditors or shall become insolvent or has a receiver or administrative receiver appointed or a petition is presented or a resolution passed for the winding up of the User (if the User is a company) other than for a purpose of a solvent reconstruction or amalgamation previously notified to Arrow Comms Ltd the User will then be deemed to have repudiated any agreement it may then have with Arrow Comms Ltd who shall be entitled (without prejudice to any other rights or remedies available to it) to stop any goods in transit and to cancel any further deliveries.
- a) Notwithstanding risk in the goods passes to the User in accordance with clause 2(b) of these conditions the goods shall remain the sole and absolute property of Arrow Comms Ltd and title to and legal and equitable ownership of the goods shall not pass to the user until payment is received by Arrow Comms Ltd of all monies due from the User to Arrow Comms Ltd in respect of all goods supplied by Arrow Comms Ltd to the User and the User acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary for Arrow Comms Ltd.
- b) The User is licensed by Arrow Comms Ltd to use or to agree to sell the goods provided that the entire proceeds of any sale of such goods are held in trust for Arrow Comms Ltd and are not mixed with other monies or paid into an overdrawn bank account and shall at all times be identifiable as Arrow Comms Ltd’s money
c)Until title to the goods passes to the User the goods shall be kept separate and distinct from all other property of the User and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to Arrow Comms Ltd and the user will not cause or permit or suffer any label, badges, serial numbers or other means of identification of the goods to be removed or obscured.
- Arrow Comms Ltd may for the purpose of recovering its goods enter any premises where they are stored, or where they are reasonably thought to be stored and may repossess the same.
- Price and Payment
- Unless otherwise expressly agreed, the prices payable om delivery of the goods with invoice. If the User does not take delivery when requested, the prices payable seven days after Arrow Comms Ltd have requested the User to take delivery, together with a reasonable charge for the care and storage of the goods.
- Time for payment is of the essence and if payment is not made in accordance with agreed terms Arrow Comms Ltd will require the User to pay interest at 5% per month for the date of the invoice compounded monthly.
- Where any agreement to supply goods provides for goods to be delivered by instalments which are to be separately paid for, such agreement shall not be severable and failure by the User to pay for or accept delivery of any instalment by the due date shall entitle Arrow Comms ltd at its option to treat the whole agreement with the User as repudiated.
- The price may be increased by Arrow Comms Ltd at its discretion to take account of fluctuation in exchange rates or increases in the good to it or taxes or otherwise.
- The price shall be payable without any deductions or set-off.
- Liability of Arrow Comms Ltd
Arrow Comms Ltd will not be liable for any financial consequential or indirect loss suffered by the user or any 3rd party whether such loss arises from breach of duty in contract or derelict or in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, loss of data, damage tot eh property of the User or anyone else (other than damage caused by the negligence of Arrow Comms Ltd or any of its employees, agents or subcontractors) and personal injury to the user or anyone else (except so far as such injury is attributable to Arrow Comms Ltd negligence).
- Force Majeure
Arrow Comms Ltd shall not be liable to the User for any failure to perform its obligations due to any circumstances beyond its control (including without limitation strikes, lockouts, industirial disputes, failure or delays caused by British telecommunications PLC or any other person, firm or company, delays caused by any manufacturer of the goods, riots, civil disturbances, war or war like activity, embargos, fire, explosion, flood or natural cause) and in such events Arrow Comms Ltd may elect by written notice to cancel any agreement with a User or elect that the time of performance shall be extended until such times as Arrow Comms Ltd can reasonably effect performance.
- Law and Jurisdiction
These conditions shall be governed by and construed in accordance with English Law and the English Courts shall have jurisdiction in all matters in dispute.