Terms and Conditions

TERMS AND CONDITIONS OF VEHICLE SALE
1. GENERAL

1.1 These Terms and Conditions apply to vehicle sales by Motohaus Limited, trading as Motohaus (“the Seller”, “we”, “us” or “our”).

1.2 “Buyer” means the person or business purchasing the vehicle.

1.3 A “Consumer” is an individual purchasing wholly or mainly for purposes outside their trade, business, craft or profession.

1.4 A “Trade Buyer” is a person or business purchasing the vehicle wholly or mainly for business purposes.

1.5 These terms, the vehicle invoice, order form and any written vehicle-specific disclosures form the agreement between the Seller and Buyer.

1.6 These terms must be provided to the Buyer before the agreement is concluded. By signing an order form, confirming acceptance electronically or paying an agreed deposit after receiving these terms, the Buyer confirms their acceptance.

1.7 Nothing in these terms excludes or restricts any statutory rights or legal remedies that cannot lawfully be excluded.

1.8 No variation to these terms will apply unless confirmed in writing by Motohaus Limited.

2. VEHICLE DESCRIPTION AND CONDITION

2.1 The vehicle supplied will be identified on the invoice by its registration number, make, model and, where recorded, vehicle identification number.

2.2 The vehicle description consists of the invoice, order form, advertisement and any written disclosures provided before the sale.

2.3 The Buyer acknowledges that a used vehicle will show age-related and mileage-related wear consistent with its age, price, recorded mileage and previous use.

2.4 The Buyer will be given a reasonable opportunity to inspect and, where appropriate, test-drive the vehicle before an on-premises purchase. An inspection or test drive does not remove or reduce a Consumer’s statutory rights.

2.5 Every reasonable effort is made to ensure advertisements and vehicle information are accurate. If an error is discovered before completion, the Buyer will be informed and allowed to decide whether to continue with the purchase.

2.6 Mileage will be recorded as displayed by the vehicle. We will not describe mileage as verified unless we have reasonable evidence supporting that description. Any known discrepancy or uncertainty will be disclosed.

2.7 Any material known fault that forms part of the agreed condition of sale should be recorded on the invoice or accompanying disclosure document. A disclosure does not remove rights concerning unrelated faults.

3. ORDERS AND DEPOSITS

3.1 An order becomes binding when it has been accepted by the Seller and any agreed deposit has been received, subject to any finance or other written condition.

3.2 A deposit forms part of the vehicle’s purchase price and reserves the vehicle according to the written order.

3.3 If the Seller is unable to supply the vehicle, any deposit paid will be refunded in full.

3.4 Where an order is expressly stated to be subject to finance approval and suitable finance is not approved, the deposit will be refunded unless the Buyer chooses and is able to complete the purchase by another agreed method.

3.5 If the Buyer cancels an order without a statutory or agreed contractual right to do so, the Seller may retain from the deposit only a reasonable amount representing losses and costs genuinely incurred because of the cancellation. Any remaining balance will be refunded.

3.6 Nothing in this section limits any cancellation rights applying to a qualifying distance or off-premises contract.

4. PRICE AND PAYMENT

4.1 The invoice price is the total amount payable for the vehicle and any additional products or services specifically listed.

4.2 Accessories, warranties, services or other items not recorded on the invoice are not included unless agreed separately in writing.

4.3 If a genuine pricing or administrative error is discovered before completion, the Buyer will be informed. The Buyer may accept the corrected price or cancel the order and receive a refund of money paid.

4.4 Full cleared payment, including confirmed finance payout where applicable, must be received before the vehicle is released.

4.5 Accepted payment methods are:

Bank transfer
Debit card
Cash, subject to our policy and legal or anti-money-laundering requirements
Approved motor finance

4.6 Credit cards are not accepted.

4.7 No payment should be made to bank details that differ from those supplied by Motohaus without first confirming the change directly with us using a known telephone number.

5. FINANCE PURCHASES

5.1 Where finance is used, the purchase is subject to the finance provider’s approval, its terms and receipt of cleared payout by Motohaus.

5.2 Motohaus Limited acts as a credit broker and not a lender. The finance agreement is a separate agreement between the customer and finance provider.

5.3 Ownership arrangements under a finance purchase will be governed by the relevant finance agreement.

5.4 The Buyer authorises us to provide information reasonably required by finance providers, brokers and related service providers for the purpose of arranging or administering the transaction, in accordance with our privacy notice.

5.5 The vehicle will not be released merely because finance has been approved. Cleared funds or formal payout confirmation acceptable to Motohaus must first be received.

5.6 Any right to withdraw from or settle a finance agreement is governed by the finance agreement and applicable consumer-credit legislation. Withdrawing from finance does not automatically cancel the separate vehicle purchase unless the law or written agreement provides otherwise.

6. OWNERSHIP, RISK AND INSURANCE

6.1 Legal title to the vehicle remains with Motohaus Limited until the full purchase price has been received in cleared funds, except where title passes directly to a finance provider under the relevant arrangement.

6.2 Risk passes to the Buyer when the Buyer, or a person nominated by the Buyer other than a carrier arranged by us, takes physical possession of the vehicle.

6.3 The Buyer is responsible for ensuring that appropriate insurance and any legally required vehicle tax are in place before driving or taking possession of the vehicle.

6.4 The vehicle must not be driven on a public road unless the driver is legally entitled and insured to do so.

7. THREE-MONTH IN-HOUSE WARRANTY

7.1 Unless the invoice states otherwise, qualifying retail vehicles are supplied with a three-month in-house warranty beginning on the date of collection or delivery.

7.2 This warranty is supplied by Motohaus Limited and is additional to, and does not replace, a Consumer’s statutory rights.

7.3 The warranty applies only to the named Buyer and is not transferable unless agreed in writing.

7.4 Warranty cover is subject to the terms, covered components and exclusions recorded in these terms, the invoice and any separate warranty schedule supplied with the vehicle.

7.5 The Buyer must notify Motohaus of a suspected fault as soon as reasonably possible and must take reasonable steps to prevent further damage.

7.6 The Buyer must not continue driving where warning lights, overheating, loss of oil or coolant, abnormal noises or other symptoms indicate that continued use could cause damage or create a safety risk.

7.7 Motohaus must be given a reasonable opportunity to inspect, diagnose and, where covered, repair the vehicle.

7.8 Repairs by another garage must be authorised by Motohaus in writing before work begins, except where immediate action is reasonably necessary to prevent danger or further serious damage and it was not reasonably possible to contact us first.

7.9 Unauthorised third-party repairs, dismantling or modifications may not be reimbursed. This does not remove statutory rights, although third-party interference may affect our ability to identify the original fault or may make the Buyer responsible for additional damage caused by that work.

8. WARRANTY EXCLUSIONS

8.1 The voluntary three-month warranty does not cover the replacement of components required solely because of ordinary wear, routine servicing or normal maintenance, including:

Tyres
Brake friction components
Clutch friction materials
Batteries
Exhaust components
Bulbs
Wiper blades
Filters, lubricants, fluids and routine service items

8.2 A component is not automatically excluded merely because it appears in the list above. A Consumer may still have statutory rights if the vehicle or component did not conform to the contract when supplied.

8.3 Diesel particulate filters, petrol particulate filters and catalytic converters are excluded from the voluntary warranty where attention is required because of ordinary loading, driving conditions, maintenance, contamination, ageing or wear.

8.4 The exclusion in clause 8.3 does not remove any statutory remedy where an emissions component or the vehicle did not conform to the contract when supplied.

8.5 The warranty does not cover faults or damage caused by:

Misuse, neglect, accident or deliberate damage
Incorrect fuel, lubricant or fluid
Failure to maintain the vehicle appropriately
Failure to follow a warning or stop using the vehicle when continued use could cause further damage
Racing, competitive use or use outside the vehicle’s intended purpose
Unauthorised modifications, remapping or non-standard components
Repairs or diagnosis performed incorrectly by an unauthorised third party
Overheating or consequential damage caused by continued use after a fault became apparent

8.6 A modification will only affect warranty cover where the modification caused or materially contributed to the fault being claimed.

8.7 A reasonable diagnostic charge may apply where no covered or statutory fault is found, provided the charge has been explained and agreed before chargeable work is carried out.

9. CONSUMER SALES AND TRADE SALES

9.1 A vehicle sold to a Consumer cannot be deprived of statutory protection by describing it as “sold as seen”, “trade sale”, “part-exchange clearance” or similar.

9.2 Any vehicle sold to a Consumer remains subject to the Consumer Rights Act 2015 and other applicable consumer legislation.

9.3 A vehicle will only be treated as a Trade Sale where the Buyer is genuinely acting wholly or mainly for business purposes.

9.4 A Trade Buyer may be asked to provide business identification and sign a declaration confirming their trade status and intended business use.

9.5 Unless expressly stated on the invoice, no voluntary retail warranty is supplied with a genuine Trade Sale.

9.6 A Trade Buyer is expected to inspect the vehicle and satisfy themselves as to its condition and suitability. Any known faults should be recorded on the invoice.

9.7 Trade-sale limitations apply only to the extent permitted by law and do not exclude liability for fraud, fraudulent misrepresentation, deliberate concealment or any liability that cannot lawfully be excluded.

10. FAULTS, RETURNS AND CONSUMER REMEDIES

10.1 There is no automatic right to return a vehicle purchased in person merely because the Buyer changes their mind.

10.2 Where a vehicle sold to a Consumer is faulty, not as described, unfit for a particular purpose made known and accepted before purchase, or otherwise does not conform to the contract, the Consumer may be entitled to statutory remedies.

10.3 Depending on the circumstances and timing, statutory remedies may include:

The short-term right to reject
Repair or replacement
A price reduction
The final right to reject

10.4 Statutory remedies are subject to the requirements of applicable law. The Buyer must notify Motohaus and make the vehicle reasonably available for inspection and any remedy to which the Seller is entitled to offer.

10.5 A voluntary warranty expiry does not, by itself, end any statutory rights.

10.6 Motohaus is not responsible for faults arising after delivery solely through misuse, accident, neglect, normal wear, unauthorised modification or third-party damage.

10.7 If the vehicle is lawfully rejected and the contract is unwound, refunds and any reasonable deduction permitted by law will be handled in accordance with the applicable legislation.

11. DISTANCE AND OFF-PREMISES SALES

11.1 This section applies only where a Consumer contract is concluded wholly at a distance or qualifies as an off-premises contract under applicable legislation.

11.2 Merely viewing an advertisement online, speaking by telephone or exchanging emails does not necessarily make the final transaction a distance sale where the contract is subsequently negotiated or concluded at our premises.

11.3 Where the statutory right to cancel applies, the Consumer will normally have 14 days beginning on the day after taking physical possession of the vehicle to notify us of cancellation without giving a reason.

11.4 The Consumer must return or make the vehicle available for return as required by law and within the applicable period.

11.5 Unless agreed otherwise or required by law, the Consumer is responsible for the direct cost of returning the vehicle following a change-of-mind cancellation.

11.6 The Consumer may be responsible for diminished value caused by handling or use beyond what would reasonably be necessary to establish the vehicle’s nature, characteristics and functioning. This may include excessive mileage, damage or deterioration beyond a reasonable inspection or test drive.

11.7 Motohaus will process any refund within the period and by the method required by law.

11.8 The statutory distance-sale cancellation right is separate from rights arising where a vehicle is faulty or misdescribed.

12. PART-EXCHANGE VEHICLES

12.1 Where a vehicle is offered in part exchange, the Buyer confirms that:

They are its legal owner or have full authority from the legal owner
All material information supplied is accurate
Any outstanding finance has been fully disclosed
The recorded mileage and known mileage discrepancies have been disclosed
Known mechanical faults, warning lights and material damage have been disclosed
Any previous insurance total-loss category has been disclosed
The vehicle has not been materially altered or stripped after valuation

12.2 The part-exchange valuation is based on the vehicle’s condition and information available when assessed.

12.3 Before completion, Motohaus may reasonably revise or withdraw the valuation if the vehicle’s condition has materially changed or information supplied was materially inaccurate or incomplete. The Buyer will be informed before being committed to a revised transaction.

12.4 Where outstanding finance exists, any settlement arrangement must be agreed and confirmed before completion.

12.5 The Buyer remains responsible for any undisclosed outstanding finance or third-party claim affecting the part-exchange vehicle.

13. COLLECTION, DELIVERY AND STORAGE

13.1 Collection and delivery dates are estimates unless expressly agreed in writing as essential terms of the contract.

13.2 Motohaus is not responsible for delay caused by circumstances outside its reasonable control, but this does not remove any statutory rights.

13.3 The Buyer must collect the vehicle within seven days of being notified that it is ready, unless another date is agreed.

13.4 If the Buyer fails to collect the vehicle, Motohaus may give written notice requiring collection and may charge reasonable storage costs that have been disclosed to the Buyer.

13.5 Storage charges will reflect reasonable costs incurred and will not be imposed as an arbitrary penalty.

13.6 Delivery does not take place until the vehicle has been handed to the Buyer or their nominated recipient at the agreed location.

14. LIABILITY

14.1 Nothing in these terms excludes or limits liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Breach of statutory consumer rights
Any liability that cannot lawfully be excluded

14.2 Motohaus is not responsible for losses caused by inaccurate information supplied by the Buyer or by events outside our reasonable control, except where the law provides otherwise.

14.3 For a Trade Buyer only, and to the extent permitted by law, Motohaus will not be liable for indirect or consequential business losses, loss of profit, loss of revenue or loss of business opportunity that was not reasonably foreseeable when the contract was made.

14.4 Nothing in this section limits a Consumer’s right to recover losses where the law makes Motohaus responsible.

15. DATA PROTECTION

15.1 Motohaus Limited will process personal information in accordance with the Data Protection Act 2018, UK GDPR and our current privacy notice.

15.2 Information may be shared where reasonably necessary with finance providers, brokers, warranty administrators, delivery providers, fraud-prevention services, regulatory bodies and professional advisers.

15.3 We will not use personal information for unrelated marketing where consent or another lawful basis is required and has not been obtained.

15.4 The Buyer should refer to our privacy notice for information about how personal data is used, retained and protected and how to exercise data-protection rights.

16. COMPLAINTS

16.1 Complaints should be submitted to Motohaus Limited using the contact information below and should include the Buyer’s name, vehicle registration, purchase date and details of the issue.

16.2 We will acknowledge and investigate complaints within a reasonable time and may request supporting evidence or access to inspect the vehicle.

16.3 Complaints relating to regulated finance or credit-broking activity will be handled under the applicable FCA complaint procedure. Where eligible, the customer may have the right to refer an unresolved complaint to the Financial Ombudsman Service.

16.4 Nothing in this complaints procedure removes the Buyer’s right to seek independent advice or pursue a legal remedy.

17. GOVERNING LAW

17.1 These terms are governed by the laws of England and Wales.

17.2 The courts of England and Wales will have jurisdiction, except where mandatory consumer law permits a Consumer to bring proceedings in another part of the United Kingdom.

17.3 If any provision is found invalid or unenforceable, the remaining provisions will continue to apply.

COMPANY DETAILS

Motohaus Limited trading as Motohaus
Duffryn Garage
Cwmsyfiog Road
Aberbargoed
Bargoed
CF81 9AD

Company registration number: 11854347

Registered office:
Llanover House
Llanover Road
Pontypridd
Mid Glamorgan
Wales
CF37 4DY

Telephone: 01443 831959
Mobile: 07878 162079
Email: sales@motohausltd.com