Terms & Conditions

Definitions in these terms & conditions:

"we", "us", "our": means Overdrive Specialist Cars Ltd, a company registered in England with registered office at Long Lane, Tarporley, CW6 9RN.
"you" and "your": means our named customer whose details are on the invoice, order form or documentation.
"terms": means these terms and conditions.
"order form": is either a vehicle order form or invoice.

1. About these terms

These terms apply to all vehicle and related accessories, goods and service sales between you and us.
Any order you place and any allowance we make for a used vehicle, is subject to written acceptance and confirmation by us. The agreement between us is only formed when we accept your order in writing i.e. when we sign the order form. Nothing obliges us to accept any order.
The order accepted by us, these terms and any other special terms applicable to your purchase together, form the agreement between us. Any terms you seek to impose are excluded.
If you buy other services from us such as customisations, servicing, MOT or extended warranty, they may be subject to separate terms and conditions.
If there is any inconsistency between these terms and the order, the order prevails.
By agreeing to these terms, you confirm you are a UK resident. Sales to overseas residents is at our discretion.

2. Vehicle information

Vehicle information is on our website, in brochures or showrooms. We try to describe vehicles accurately but variations may occur between descriptions and the vehicle itself. We may not have a photo of a particular used vehicle online and will indicate if a library photo is used. This is an indication only of the vehicle and may not represent colour or options fitted. Variations between manufacturer brochures and vehicles may occur and performance forecasts are estimates only.
We may remove a vehicle from sale at any time including if for any reason, we are no longer able to offer it for sale.
Vehicles may be inspected in our showrooms but appointments are required for viewing some vehicles.
We make no guarantee that a vehicle is available to view with out an appointment.

3. Deposits

To make a purchase, a deposit is payable on order. The total purchase price is reduced by the deposit amount.
Deposit payments are usually taken in our showroom but may be taken via phone or on our website.
For used vehicles, deposit payments are required to remove the vehicle from sale (reserve it). Until then, other buyers will also be able to view and buy the vehicle. Unless we agree a different timescale in writing, used vehicles are reserved for 48 hours, in which time you must pay in full. If we reasonably believe you do not intend to proceed to purchase, we may re-offer the vehicle for sale but will notify you first, to give you a chance to proceed.
If you do not proceed to purchase, we will use reasonable efforts to find an alternative, similar vehicle for you but do not guarantee that an alternative will be available.
Without affecting our other rights, we may retain the deposit if the agreement is terminated other than in accordance with these terms.

4. Inspections, reports and vehicle condition

You are responsible for ensuring that any purchase you make satisfies your own, personal requirements subject to any specific requirements you highlight to us before purchase.
For used vehicles, inspection reports are usually available on request. Inspection reports are to establish whether the vehicle meets our inspection standard. You should read the report carefully as it may contain important information about vehicle condition. If the vehicle has not met our standard, the report will give details. Queries about inspection reports should be raised with our sales team. All sales are made subject to any issues referred to in the report and otherwise notified to you.
Every vehicle is supplied with at least one key suitable for all locks. We do not guarantee that additional keys, including 'master' keys, will be provided. If additional keys are available, they will be supplied with the vehicle free of charge.
Except as expressly agreed by us in writing, accessories supplied may not be the product of the vehicle manufacturer.
You must inspect vehicles before signing the order (where relevant) and always before taking delivery. Used vehicles are sold subject to current condition as per the inspection report or as otherwise notified to you. Sales are therefore, subject to defects brought to your attention in any way or which you identify or reasonably ought to be aware of on inspecting the vehicle.

5. Buying a vehicle

To buy a vehicle you must arrange for handover (i.e. when you take delivery of or collect the vehicle) and pay for the vehicle, all accessories, goods, delivery fee and any service fees (to the extent not already paid) in full and cleared funds before the vehicle is released to you. Please ensure you make any necessary arrangements in advance of handover. We do not accept cheques. Any payments made must clear before any vehicle or goods are released. Nothing obliges us to hand over a vehicle which has not been paid for in full and clear funds before the handover date.

6. Delivery/Collections

Handover may be by collection from our showroom or delivery to your home/workplace. We try to accommodate requested delivery dates/times but cannot be responsible for delay in delivery or collection nor for any loss or cost you incur in connection with any delay. Delays may be due to factors beyond our control.
Delivery locations must be your home or work and be suitable and safe for delivery. Dates and times of collection or delivery may be made by contacting our showroom. To change, please call, to give us notice. If you give less than one working days’ notice or are not there at the agreed time, we will use reasonable efforts to rearrange dates/times.
At handover, you will need a UK photo driving license, your passport and another form of ID which shows your address plus proof that insurance is in place for the vehicle, in order for us to release it to you.
If you want someone else at handover to take delivery(Agent), they will only be able to if you have told us of their identity in advance. If you appoint an agent, you confirm that person has your full authority to act and you agree to be bound by your agent’s actions. If your Agent is at handover but you have not told us in advance, we will use reasonable efforts to speak to you to confirm your agent’s identity. If we cannot speak to you, handover will not take place. Your agent must provide the documents referred to above for us to release the vehicle. On collection, your agent will need to show their licence and you must ensure that your agent is aware of this in advance. If we reasonably believe the person we are met by is not you or authorised by you, or if our driver deems the location unsuitable or unsafe, we may cancel handover and use reasonable efforts to rearrange.
You will be required to sign relevant handover documentation. Ownership of the vehicle passes from us to you at handover as does responsibility and risk. Until then, we continue to own the vehicle. If for any reason, we allow vehicle/accessories release prior to payment, until we receive clear payment in full of all sums due to us for any sale to you, you hold the vehicle/accessories as our bailee, they must maintain the same in satisfactory condition and be continually fully insured. We may recover payment for the vehicle/accessories even though title has not passed. If before title passes, you become bankrupt, insolvent, similar or are unable to pay your debts, then without limiting any other right we have, we may at any time require you deliver up the vehicle/accessories and if you fail to do so promptly, attend your premises to recover them.
Unless agreed by us in writing, if you fail to take delivery or collect a vehicle or any other product within fourteen days from the completed sale date you will be liable to pay to us costs that we reasonably incur if you fail to take delivery or collection, including any storage costs, and we will not repay your deposit. Without affecting and subject to the above arrangements, if you unreasonably fail to take delivery of the vehicle, we may re-offer it for sale.
If we fail to deliver the vehicle within 21 days of the estimated delivery date in the order (or any notified revision), you may by written notice to us require delivery within 7 days from receipt of such notice. If delivery does not take place within the 7 days then you may terminate the agreement by notice in writing to us.

7. Price and payment

The vehicle purchase price on our website or in showroom is the price for the vehicle itself. Any other fees such as any delivery fee, cost of accessories or other goods and the cost of services is in addition. Prices include VAT unless the price states “plus VAT” or similar. We may alter prices at any time, without notice before the agreement is in place, and otherwise in accordance with these terms. We may pass on any cost increases we don’t control, e.g. changes in car tax, including once the agreement is formed. You shall pay VAT on all vehicles, goods and services properly charged at the prevailing rate.
Deposits may be paid by MasterCard, Visa credit card, Maestro, Delta or debit card. Balances may only be paid by debit card in person at the showroom or by electronic bank transfer. Charges we incur in processing card payments will be passed to you.
If we agree to buy a car from you as trade-in (your car) we will reduce the purchase price of the vehicle you are buying by the trade in value of your car.
Used vehicles are sold and priced to condition. Any other services required by you in connection with the vehicle shall be at additional cost which must also be paid before handover unless agreed by us in writing.
For new vehicle sales, if after the order date and before delivery, the manufacturer/concessionaire recommended price for the vehicle or accessories alters, we will notify you and in the case of:
- Increase - will notify you of the increased amount to be passed to you. You may cancel the contract within 14 days of receiving such notice. If you do not cancel, the increase shall be added and become part of the contract price;
- Reduction - will notify you of the allowance to be given to you. If the allowance is less than the reduction in the recommended price, you may cancel the contract within 14 days of receiving such notice. If you do not cancel, the decrease in price shall be deducted from the contract price.

8. Liability

Nothing in these terms shall limit or affect our liability resulting from any vehicle, materials, parts, accessories or equipment supplied being found to be unsafe or if something we do negligently causes death or personal injury
Subject to paragraph 8.1, if we are in breach of our agreement, statutory duty, negligent or if other liability arises, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to us before handover, subject to a maximum of the amount paid by you to us and any direct costs incurred by you as a direct result of our failure. We will not be liable in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us an opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.
Subject to paragraph 8.1, we shall not be responsible for any damage or loss suffered or incurred as a result of repairs, modifications or alterations to a vehicle by any person other than us or our agent.
Subject to paragraph 8.1 and without affecting any other exclusions, our liability shall not in any event include business or financial commercial losses such as lost profits, loss of business opportunity, business interruption, lost data or wasted expense whether as a direct or indirect result of something that we do or fail to do.
Unless we agree in writing, the only warranty supplied with vehicles (including fitted accessories) will be the manufacturer’s warranty (or balance thereof) should there be any and subject to us using reasonable efforts in seeking any such warranty from the manufacturer on your behalf. All other warranties are excluded to the extent legally permitted.
For new vehicles, additional manufacturer/commissionaire terms may apply. Such terms will be brought to your attention and a copy is available in our showroom. If a manufacturer ceases a particular model, accessory or feature, that is beyond our control and we will not be liable for an inability to supply due to any manufacturer action. If a manufacturer ceases to make a model entirely, you may cancel this agreement or if a particular feature or accessory is no longer available, you may cancel within 14 days of us notifying you of such issue (unless we can provide an equivalent).

9. Trade in and valuations

A valuation about the value of a car for trade in (valuation) is a valuation based on what you tell us about your car and not a price at which we are willing to buy it.
We always carry out an on-site inspection of your car before we offer to use its value against a vehicle. After you receive an initial valuation, you may book an on-site inspection.
If we consider that your car value is affected by history or condition, including any unusual feature or customisation not apparent on valuation, the price we offer for trade in against a vehicle following on-site inspection will differ from the initial valuation. After the inspection appointment we will provide you with a trade in value for your car which is a quote valid for 10 days. Following the inspection appointment, we may offer to use the trade in value of your car against a vehicle but are not obliged to do so.
If we agree to trade in your car, we rely on your representation that:
- you are at least 18 years old; and
- to the best of your knowledge, information and belief:
  - you are the sole owner of your car and have the right to sell it;
  - other than in respect of any finance outstanding on the car which is capable of cash settlement as disclosed to us, no person has any claim to your car;
  - the mileage reading is true and accurate and the odometer has not been tampered with;
- you have disclosed all matters which a prudent purchaser would want to know, such as defects and if it has material problems or damage;
- all information supplied about your car (whether at initial valuation, inspection appointment or otherwise) is accurate; and
- your car is UK registered.
We may trade in your car even if the subject of a third party finance arrangement, provided we receive a written statement of the amount required to settle the finance agreement in full from the third party.
We will only pay to a third party such sum we agree with you in writing. We will make such payment as soon as reasonably practicable after we agree to trade in your car and following receipt of any sum due from you to settle a finance agreement or we may at our discretion, reduce the trade in value of your car against the amount outstanding under the finance agreement.
Your car must be delivered by handover or the day which is 14 days after we notify you that the vehicle is ready for delivery or collection, whichever is sooner. Ownership of your car will pass to us on handover.
An offer to buy your car may only be accepted when you sign handover documentation. The purchase of your car is subject to these terms only and will not contain any other terms you wish to impose.
When we purchase your car, you must provide keys, registration document, any service history, MOT certificate, user manuals and accessories e.g. locking wheel nut, radio fascia or remote controls and must remove any personal possessions. Purchase of your car is also on the basis that it is delivered to us in the same condition as at the time of on-site inspection (except fair wear and tear).
If your car does not meet these requirements, we may refuse to accept it and you will be responsible for the full cash price of your new vehicle.
If through no fault by us, handover does not take place within 30 days of the order/sale date or estimated delivery date (whichever is later), your car allowance shall be reduced by an amount not exceeding 2.5% of the trade in value for each complete 30 day period from the date of expiry of the first mentioned 30 days until the actual date of handover.
You may, at least 7 days before the vehicle is ready for handover, arrange for a finance company to purchase it from us at the price payable under this agreement. On such purchase any used vehicle for which an allowance was agreed (your car) shall be bought by us at a price equal to such allowance, (subject to you complying with your obligations in our agreement in connection with your car) and we shall be accountable to the finance company on your behalf for the said allowance price and any deposit paid by you.

10. Statutory rights and defects

Nothing affects your statutory rights as a consumer including those under the Consumer Rights Act 2015 (e.g. that a vehicle will be of satisfactory quality). For information, consumers can contact Citizens Advice or Trading Standards.
If you think there is a fault or problem with a vehicle and wish to exercise any statutory right you may have, then you should cease using the vehicle until we have had the opportunity to inspect it and to avoid further damage. You will be responsible for returning the vehicle to the showroom from which you bought the vehicle (unless we agree to collect the vehicle from you or unless is it unsafe to drive the vehicle).

11. Your additional responsibilities

You agree to provide us promptly with any information that we reasonably request and promise that the information you provide, including when speaking to any of our representatives, is correct in so far as you are aware.

12. Cancellation rights

This paragraph 12 only applies if you have a cooling off right. It is not intended in any way to limit your rights for any defective product or service.

In some limited cases you may have a right to cancel the agreement. If so, you have up to fourteen days after the day of handover to cancel. This is a “cooling off period” and only applies to consumers and only in some circumstances. A person or entity purchasing from us in a commercial or business capacity has no such rights. The provisions of paragraph 12 therefore only apply to consumers.
The right to cancel applies only if we have solely agreed the contract with you by distance means (e.g. phone or email), where there is no face to face meeting before we enter into our agreement. You will not have the right to cancel where you have been to our showroom to inspect a vehicle or signed an order when in our showroom.
Where you wish to exercise a right to cancel, you must do so in the cooling off period, in writing. Please write to us at the address on the order form. You are responsible for returning the vehicle to us and must do so within fourteen days of cancelling. If you do not return the vehicle, we will collect it and charge our costs as a rate of £100 + VAT plus £5 + VAT per mile for the distance recorded between our address and your address. You must make the vehicle available for collection at the agreed date/time and agree we can enter your premises for collection.
You must take reasonable care of the vehicle within the cooling off period. If you do not and exercise a right to cancel, we may be able to claim compensation from you e.g., for vehicle damage while in your possession or control. In that case, we will arrange for the vehicle to be inspected and notify you of any damage. If there is any damage and you return the vehicle, you need to repair it at your cost (unless covered by your insurance). If you intend to cancel you should not use the vehicle for more than ten miles during that time as a reasonable distance in which to test the car.
If you have the right to cancel and you traded in your car, we will return your car (or trade in value if your vehicle is sold) within fourteen days of cancellation and will charge you our costs in returning your car.
Where there is a cancellation right, you are entitled to a refund of the price paid and any delivery charges (less trade in value and other permitted deductions). We may reduce the sum if the vehicle is devalued due to your handling of it while in your possession or control. If you bought additional services you may not receive a refund of any service fees where you cancel the agreement where we have already performed the services. Where any additional services are to be performed, you agree that we may begin to perform them before the end of any cooling off period and any sums you have paid for services we have already undertaken for you, will not be returnable and that aspect of the contract will therefore not be cancellable.

13. General

You may not transfer any of your rights under your contract with us to any other person. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be affected.
If either of us breaches the agreement and we choose to ignore this, we will each still be entitled to rely on our rights and remedies at a later date.
We shall not be responsible for any breach of your contract or any other matters caused by circumstances beyond our reasonable control.
Except as expressly set out in these terms, all use of your personal information will be made in accordance with our privacy policy.
Our contract with you is subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
Except where we specifically agree, nothing in these terms will give to any other person, any benefit or rights to enforce any of them.
We reserve the right to appoint any third parties to assist us in performing our obligations or providing services, as we decide.
For clarification, nothing in these terms shall exclude any liability that we may have for fraudulent misrepresentation.
If any provisions become void or unenforceable, all other parts will continue to be valid irrespective of the unenforceable provision. No change to these terms will be effective unless agreed in writing by one of our authorised representatives.
Nothing in these terms will imply a relationship of employment, partnership or agency between you and us except to the extent agreed by us in the circumstances or except if otherwise stated in these terms.
We will not be liable to you if we are unable to perform any of our obligations under these terms due to any reason beyond our reasonable control including legislation, fire, flood, failure of power supply, strike, employee stoppages or similar.
You must not display or use in any manner our trademarks or logos without our prior written permission.

14. Website

By using our website, you are agreeing to comply with and be bound by the terms, which together with our privacy policy govern our relationship with you in relation to our website. If you disagree with any part of these terms and conditions, please do not use our website.

The content of the pages of our website are for your general information and use only. It is subject to change without notice.
Our website uses cookies to monitor browsing preferences. More info can be found in our privacy policy.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website meet your specific requirements.
Our website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced on our website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of our website may give rise to a claim for damages and/or be a criminal offence.
From time to time, our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

If you have any questions or complaints then these should be addressed to the Company Director at the address shown on the order form.