A warranty can be important for vehicle owners as it can cover the costs of maintenance and repairs necessary to keep the vehicle on the road. At Atlas Automobiles UK Limited, we can help provide a range of comprehensive vehicle warranty options. Please contact us today for more information. We offer two types of warranty. The first is Handler Protect (External Company). They offer warranties from 1 month to 2 years. We can secure better prices for you than if you were to purchase alone. The second warranty is our main dealer warranty. Please see below for terms. 1. DEFINITIONS AND INTERPRETATION 1.1 In these terms unless the context requires otherwise: a) ‘Vehicle' means the motor vehicle and any parts, accessories and extras detailed in the Order (subject to clauses 5.4 and 5.5). b) 'Part Exchange Vehicle' means the used vehicle (if any) offered by the Consumer in part exchange for the Vehicle, details of which appear on the Order under the heading 'Part Exchange Vehicle' or similar. c) 'Order' means the order set out overleaf for the purchase of the Vehicle. d) ‘Accessory' means an extra or accessory detailed in the Order. e) ‘Trader' means Atlas Automobiles UK Limited and includes its successors and assigns. f) ‘Consumer' means the person, firm or company placing the Order. g) ‘CRA 2015’ means The Consumer Rights Act 2015 h) 'Contract' means the contract 'or the sale and purchase of the Vehicle(s) Purchase Price' means the price for the Vehicle (including, where applicable, accessories, road fund licence, delivery, warranty, insurance, fuel, car tax and value added tax) current at the date of the Order. i) ‘Allowance' means the amount specified on the Order as allowed by the Trader against a Part Exchange Vehicle. j) ‘Manufacturer' means the manufacturer of the Vehicle. k) 'Estimated Delivery Date' means the estimated delivery date (if any) specified on the Order. l) 'Encumbrance' includes (without limitation any interest or equity of any person, any mortgage, pledge, lien, assignment, hypothecation, security interest, title retention of any other security obligation or any agreement or obligation to create any of the foregoing. m) ‘Completion' means the completion of the transaction, comprising the Trader's delivery of the Vehicle, and the Consumer delivering the Part Exchange Vehicle in accordance with clauses 9.3 and 9.5. n) ‘Sales information’ means the sale information provided by the Trader and not the manufacturer. 1.2 Headings are for convenience only and do not affect the construction of the Contract: the masculine shall include all genders and the singular shall include the plural; any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time 1.3 These terms are the only terms of the Contract No variation to the Contract is effective unless agreed in writing by an authorised representative of the Trader. 2. FORMATION OF CONTRACT 2.1 The Order is the Consumer's offer to purchase the Vehicle upon these terms. The Contract is formed upon the Trader accepting that offer by signing and dating the Order. 2.2 The Contract is personal to the Consumer, who shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Trader. 2.3 The Sales Information provided by the Trader will form part of the Contract but nototherwise. 3. CANCELLATION AND DEPOSITS 3.1 Unless entitled to do so under clause 4.5, clause 5.3 or clause 14, the Consumer may not cancel the Contract without the prior written agreement of an authorised representative of the Trader. If the Consumer seeks to cancel the Contract in any other manner, the Trader may retain any deposit paid (without prejudice to its other rights and remedies). If the Consumer cancels under clauses 4.5, 5.3 or 14 the Trader shall return to the Consumer any deposit paid and thereafter shall have no further liability to the Consumer under the Contract. 4. DELIVERY 4.1 Unless otherwise specifically agreed in writing 'delivery' means the Trader's making the Vehicle available at the Trader's premises for collection by the Consumer. Risk in the Vehicle shall pass on delivery. 4.2 The Estimated Delivery Date is an estimate only. Time of delivery is not of the essence of the Contract. The Trader shall endeavour to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the Estimated Delivery Date. 4.3 As soon as the Vehicle is ready for collection, the Trader shall inform the Consumer who shall then have seven days in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the Vehicle. 4.4 The Consumer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full, and if he fails to pay, the Trader shall be entitled to treat the Contract as repudiated by the Consumer. Until the Contract is so terminated the Trader may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Trader in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the Purchase Price. If the Trader treats the Contract as repudiated by the Consumer, the Trader may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Consumer and sell the Vehicle and retain the proceeds of the sale. 4.5 If the Trader fails to deliver the Vehicle within thirty days after the Estimated Delivery Date the Consumer may give seven days' notice to the Trader requiring delivery. Failing such delivery the Consumer may cancel the Contract. If the Vehicle is a new vehicle, the Trader may at any time cancel the Contract if the Manufacturer ceases to make that type of vehicle. 4.6 Alternatively, if the Trader fails to deliver the vehicle within a reasonable time after delivery of the vehicle from the manufacturer the rights of the Consumer are not affected under the CRA 2015. 5. PRICE AND PRICE VARIATION 5.1 The Trader reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund licence, car tax or value added tax between the date of the Order and the date of delivery and the Consumer shall be bound to pay the price as so varied. 5.2 If before the date of delivery a change occurs in the Manufacturer's (or relevant concessionaire's) price for the Vehicle or any Accessory, the Trader shall notify the Consumer: a) if a price increase, of the amount of any such increase the Trader intends to pass on to the Consumer by increasing the Purchase Price; or b) if a price reduction, the amount by which the Trader intends to reduce the Purchase Price (or that no reduction is intended). 5.3 The Consumer may cancel the Contract: a) within fourteen days after the date of a notice under clause 5.2 (a); or b) within fourteen days after the date of a notice under clause 5 2 (b) if the amount by which the Trader intends to reduce the Purchase Price, as stated in such notice, is less than the amount of the reduction in the recommended price. 5.4 If the Trader is unable to supply any Accessory (of whatever nature) the Trader may at its option either: a) substitute a reasonable equivalent: or b) delete the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in question. 5.5 The Trader's inability to supply any Accessory shall not constitute a breach of contract nor entitle the Consumer to repudiate the Contract or reject the Vehicle save that the Consumer’s rights to seek repeat performance from the Trader and to seek a price reduction under the CRA 2015 are not affected by this provision in the contract. 6. METHOD OF PAYMENT 6.1 Unless otherwise agreed by the Trader (and in all cases other than a sale via a finance company pursuant to clause 8) the Consumer shall pay the Purchase Price in cash or buy bank transfer. Credit card payments are not acceptable unless specifically agreed in writing signed by an authorised representative of the Trader. 6.2 The Trader accepts payment by cheque only if the Trader receives the cheque at least seven clear banking days before the date on which delivery of the Vehicle is intended to take place. Payment shall not be deemed to have been made until cleared funds are received at the Trader's bank. 6.3 Any sums paid to the Consumer by the Trader by way of refund or otherwise under the exercise of any rights under the CRA 2015 shall be repaid to the Consumer without undue delay and in any event no later than 14 days from the day that the Trader agrees that the Consumer is entitled to such refund 6.4 Any such payment as provided for clause 6.3 above shall be made by the Trader using the same means of payment used by the Consumer unless the Consumer expressly agrees otherwise without the imposition of a fee. 7. TITLE 7.1 Notwithstanding delivery, until the Trader has received from the Consumer payment of all sums (whether by way of Purchase Price or otherwise) payable to the Trader, whether under the Contract or any other contract, both beneficial and legal title to the Vehicle remain in the Trader. 7.2 Whilst title in the Vehicle remains in the Trader, the Consumer: a) shall be in possession of the Vehicle as bailee of the Trader and entitled to use the Vehicle (and 'use' includes use in the ordinary course of the Consumer's business, as notified to the Trader at time of sale) until the occurrence of the first of the events or dates specified in clause b) shall keep the Vehicle safe and in good condition and insure it for its full replacement value against all usual risks and shall forthwith upon receipt account to the Consumer for any proceeds of such insurance, without deduction, c) shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the Trader's title to the Vehicle; d) irrevocably authorises the Trader's representatives to enter any premises at which the Vehicle is situated for the purposes of inspecting the Vehicle and identifying it as the Trader's property. 7.3 The Consumer's power of possession and use of the Vehicle shall terminate a) on the date on which notice is given by the Trader under clause 7.4 in any jurisdiction. 7.4 The Trader may by notice to the Consumer revoke the Consumer's power of possession and use of the Vehicle: a) if the Trader has reason to believe the Consumer is in breach of any term of this or any other contract with the Trader 7.5 Upon revocation or determination of the Consumer's power of possession and use of the Vehicle the Consumer shall yield up the Vehicle in good condition to the Trader and (if so required by the Trader) at its own expense deliver the Vehicle to an address in the United Kingdom specified by the Trader and shall be deemed irrevocably to authorise the Trader to enter upon any of its premises with or without vehicles for the purposes of removing the Vehicle. 7.6 The repossession of the Vehicle by the Trader in accordance with this clause shall be without prejudice to all or any of the Trader's rights or remedies against the Consumer. 8. FINANCE ARRANGEMENTS 8.1 Notwithstanding the foregoing provisions of this Contract, the Consumer may, within seven days after receiving notification that the Vehicle is ready for delivery, arrange for a finance company to purchase the Vehicle from the Trader for the Purchase Price upon the same terms (other than the identity of the Consumer) as this Contract. Upon payment of the Purchase Price the finance company so introduced shall be deemed to be the Consumer of the Vehicle (and all references to the Consumer shall be construed accordingly) and the Trader will deliver the Vehicle to the order of such finance company (and all references to delivery of the Vehicle shall be construed accordingly, delivery to the Consumer first named in the Order being deemed to be effective delivery to the order of the finance company). 8.2 If the Consumer introduces the sale of the Vehicle to a finance company, as specified in clause 8.1, the provisions of this Contract as regards the Consumer originally named in the Order shall then cease to have effect with the exception of the terms relating to the Part Exchange Vehicle (if any), which shall continue to have effect, with one variation: the Trader shall, on behalf of the Consumer, account for the Allowance and any deposit paid under this Contract to the order of such finance company. The finance company shall thus be substituted as the Consumer of the Vehicle hereunder. The purchase of a Vehicle by a finance company at the request of the Consumer shall not release the Consumer from his obligations under clauses 10 and 12 to inspect the Vehicle and to satisfy himself that the Vehicle is suitable for his purposes. 9. PART EXCHANGE VEHICLE 9.1 The provisions of this clause 9 shall apply if the Consumer has provided a Part Exchange Vehicle. Where the Trader agrees to allow part of the Purchase Price to be discharged by the Consumer's delivering to the Trader the Part Exchange Vehicle, the Allowance is given and received and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract between the Consumer and the Trader) on the conditions set out in clauses 9.2 to 9.7 (both inclusive). 9.2 The Consumer passes to the Trader good title to the Part Exchange Vehicle either: a) free from Encumbrances; or b) If there are Encumbrances on the Part Exchange Vehicle but all are capable of cash settlement, instead of applying the whole of the Allowance towards payment of the Purchase Price, the Trader will apply the Allowance (up to the whole amount) towards settlement of any obligations to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested third parties to be made after the Trader has received the Part Exchange Vehicle and made delivery of the Vehicle to the Consumer. c) The Trader has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place; and b) the condition of the Part Exchange Vehicle as delivered to the Trader before or at the time of delivery of the Vehicle to the Consumer is substantially the same as that existing at the time of the Trader's examination (fair wear and tear excepted). 9.3 Risk in and title to the Part Exchange Vehicle shall pass to the Trader on delivery. 9.4 Without prejudice to clause 9.3 (b) the Consumer shall deliver the Part Exchange Vehicle to the Trader within seven days of notice to the Consumer that the Vehicle is ready for collection. 9.5 If any of clauses 9.2 to 9.5 (both inclusive) are not fulfilled, the Trader shall be discharged from any obligation to purchase the Part Exchange Vehicle or to make the Allowance and the Consumer shall discharge the Purchase Price in full in cash. 10. USED VEHICLES 10.1 If the Vehicle is a used vehicle, the Vehicle is sold: a) subject to any defects which the Trader has drawn to the Consumer's attention prior to the Consumer's placing the Order; and b) subject to any defects which the Consumer discovered or ought reasonably to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Consumer has carried out such examination) and in that regard the Consumer acknowledges that he has been offered the opportunity to examine the Vehicle. 11. LIMITS OF LIABILITY 11.1 The Vehicle is sold strictly on the terms that the Consumer has inspected the Vehicle and has satisfied himself of its suitability for his purposes and of its satisfactory quality. The Consumer acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specificcations and details and representations made by the Trader to the Consumer do not form part of this Contract and that in respect of such specifications, details, forecasts and representations the Trader shall be under no liability nor shall the Consumer be entitled to any remedy under the provisions of the Misrepresentation Act 1967 as amended by the Consumer Protection (Amendment) Regulations 2014. 12.2 The Trader's total liability for the aggregate claims of the Consumer arising out of a single act or default of the Trader (whether due to the Trader's negligence or otherwise) shall not exceed the Purchase Price. 12.3 This provision in the Contract does not affect the rights of a Consumer to seek a price reduction in the event that the Trader fails to perform a service without reasonable skill and care. 13. TERMINATION 13.1 Without prejudice to any of its other rights and remedies the Trader shall be entitled to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Consumer terminate the Contract at any time following the occurrence of any of the events specified in clause 7.3. 14. DISTANCE SELLING 14.1 If the contract has been completed without any face to face contact between the Trader and Consumer, or anyone acting on your or our respective behalf, you may give notice to cancel within 7 days without giving any reason. 14.2 The cancellation period will expire 7 days after the day on which the Consumer, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Consumer must inform us of your decision to cancel the contract in writing by clear statement (e.g. a letter sent by post, fax or email) to the Trader’s address as set out overleaf. 14.3 If the Consumer cancels the contract, the Consumer will be reimbursed (using the same means), all payments received under the contract not later than 7 days after the day on which the Trader receives the Goods back. 14.4 The Trader may withhold reimbursement until they have received the Goods back or the Consumer has sent evidence of having sent back the Goods back, whichever is the earliest. The Consumer should send back the Goods or deliver them back to the Trader at the address shown overleaf, not later than 7 days after the day on which you communicate your cancellation of the contract. The Trader will require the Consumer to bear the cost of returning the Goods. 14.5 The Consumer must take all reasonable care of the Goods and will be responsible for any loss or damage from when the Goods are delivered, until when they are returned to the Trader. 15. FORCE MAJEURE 15.1 The Trader shall not be liable to the Consumer if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Act of God, legislation, war, civil commotion, firee, flood, drought, failure of power supply, lock out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract. Failure to deliver the Vehicle by reason of any of the aforementioned contingencies shall entitle the Consumer to cancel the Contract and the provisions of clause 3.1 shall apply. 16. NOTICES AND GENERAL PROVISIONS 16.1 No waiver of any of the Trader's rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Trader. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Trader's rights in relation to different circumstances or the recurrence of similar circumstances. 16.2 Any notice under these terms and conditions shall be properly given if in writing and sent by firrst class post, telex or facsimile to the address of the intended recipient as stated in the Contract or to such address as the Trader and the Consumer from time to time notify to each other as their respective addresses for service and shall be deemed served, in the case of postal notice on the expiry of 48 hours from time of posting, in the case of telex on the recording of the "answer back" code on the sender's machine, and in the case of facsimile on completion of transmission by the sender. 16.3 Each of these terms and conditions and each paragraph hereof shall be construed as separate conditions; should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Trader's liability then such provision shall apply with such modification as may be necessary to make it valid and effective. 16.4 English Law shall govern construction and operation of the Contract and the Consumer agrees to submit to the exclusive jurisdiction of the English courts. 17. ADDITIONAL TERMS 17.1 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 07395150927. 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. 17.2 We are committed to providing a high standard of service to you and all our customers. Occasionally we may not live up to our expectations and if this happens, we would like to hear from you. This will allow us to put matters right and make improvements. We value your feedback and thank you for helping us treat all our valued customers fairly. In the first instance, please share your complaint with our staff as they are usually best placed to resolve the concern. If your concern remains unresolved, please contact our Customer Service Department using the contact details below. Email: info@atlasauk.co.uk Phone: 07395150927 Address: Green Acres, Oakley Green Road, Fifield, Windsor, SL4 4QF 17.3 a) Money back guarantee Where your vehicle has been delivered without you seeing the vehicle in person, your purchase qualifies for a money back guarantee. You have a 70-mile test drive limit within which a full refund will still be issued if the vehicle is returned, terms & conditions apply. Subsequent mileage added to the vehicle will be subject to a £1 deduction per mile. b)Our policy is to charge 40 pence per mile for each mile covered since the date of sale, along with the cost of any estimate for re-pairs required due to any damage to the vehicle (e.g. interior and exterior) that was caused whilst in your possession/ownership. Deductions for collection/recovery and appraisal will also be considered/made. 17.4 Your sales invoice will state as to what type of warranty cover is included with the sale of the vehicle. For warranties issued by the Trader, the cover is limited to specific Engine and Gearbox components; a) Engine Components include: Camshafts & bearings, camshaft followers & rockers (including hydraulic lash adjusters), connecting rods & bearings, crankshaft & bearings, cylinder block, cylinder bores & liners & seals, cylinder heads, internal bushings & bearings, oil pump & drive, pistons & rings, timing gears, chain, tensioner, valves, springs & guides (burnt or pitted valves and valve seats are not covered). b) Gearbox Components include: Automatic transmission brake bands & clutches & modulator valves, drive chains, gear lever, gears, hydraulic gear-shift governors & internal servos & valve blocks, internal bearings & bushes, oil pumps, selector forks, shafts (all, including extension shafts), synchromesh hubs and rings and torque converter, (Mechatronics unit not covered), Clutch cable, Master & Slave hydraulic cylinders and pedal assembly. 17.5 Any additional terms will be set out in the Additional Comments section of the Sales Agreement.