TERMS AND CONDITIONS

CarNext.Com January 2020

Article 1. Definitions

  • Business Day: a day (other than a Saturday or Sunday) on which clearing banks are open for business in Dublin
  • Buyer: the person purchasing the Used Vehicle from CarNext;
  • Purchase Price: the amount the Buyer must pay to CarNext for the Used Vehicle in accordance with the Agreement;
  • CarNext: LeasePlan Fleet Management Services Ireland Limited ( trading as CarNext);
  • Used Vehicle: a used vehicle that will be or has been purchased by the Buyer;
  • Agreement: a Used Vehicle sales agreement including these terms and conditions.

Article 2. Delivery

The Buyer and CarNext will make an appointment for the delivery of the Used Vehicle. CarNext will only deliver the Used Vehicle in the Republic of Ireland . Delivery is subject to an additional charge of €199.
CarNext will use its best endeavours to secure delivery of the Used Vehicle by the estimated delivery date (if any) but does not guarantee the time of delivery.

Article 3. 14 days return period

a. In the case of Consumer sales (as defined by section 3 of the Sale of Goods and Supply of Services Act, 1980) The Buyer has a period of 14 days after delivery to withdraw from their Used Vehicle purchase. The Buyer is not required to give a reason. In the case where the Buyer is not a Consumer ( as defined by section 3 of the Sale of Goods and Supply of Services Act, 1980) , there is no right to return the Used Vehicle without cause.
b. In such Consumer sales, the Buyer may withdraw from the purchase by notifying CarNext by email to carremarketing@leaseplan.ie stating they wish to withdraw from the purchase.
c. Within 14 days after the Buyer has withdrawn from the purchase, the Buyer will return the Used Vehicle on a Business day to the CarNext branch located at Turnpike Road, Ballymount, Dublin, D22 N260. The Buyer will make an appointment with CarNext to return this.
d. The Buyer is welcome to test the Used Vehicle, however, if the Used Vehicle has driven more than 200 kilometres between delivery to the Buyer and its return to CarNext, the Buyer will reimburse CarNext for the decrease in value of the Used Vehicle from the moment the Used Vehicle was delivered to the Buyer.
e. The Used Vehicle must be returned in exactly the same condition as it was when it was delivered (with the exception of mileage). This is understood to mean: complete, in the same technical condition and with no extra damage to the interior and/or exterior.
f. If the Used Vehicle contains less fuel than at the time of delivery, the Buyer will pay CarNext the value of the fuel used.
g. The Buyer will indemnify CarNext against all liabilities for claims, demands, actions, suits, losses, costs, charges, expenses, damages, death, personal injury (whether fatal or otherwise) caused during any test drive.
The Buyer will bear all loss or damage to the vehicle and any other losses, damage, cost and expenses whatsoever and howsoever caused from the date of delivery to the date of return of the Used Vehicle. The Buyer will remain fully responsible for all (legal) obligations and/or liabilities associated with (the use of) the Used Vehicle which arose during this period, CarNext will refund the Buyer the full Purchase Price within 14 days after withdrawal from the purchase, paying the amount due into the bank account known to CarNext. If a Trade-in Vehicle is part of the Agreement, the Buyer receives an amount equal to the value of the Trade-in Vehicle. The Trade-in Vehicle will not be returned to the Buyer.
h. It is the responsibility of the Buyer to cancel all insurances for the Used Vehicle.
i. If the Buyer has financed the Used Vehicle through a third party, the Buyer must deal with the financing (and the associated right of pledge) themselves. The Buyer will return the Used Vehicle to CarNext without any third party having any rights to it .
j. Should the Buyer owe CarNext an amount, CarNext will be entitled to offset this amount from the Purchase Price owed to the Buyer.

Article 4. Acceptance of Used Vehicle

In the case of Consumer sales (as defined by section 3 of the Sale of Goods and Supply of Services Act, 1980) the Used Vehicle is sold subject to any conditions or warranties that are implied by the Sale of Goods and Supply of Services Act, 1980 or any amending statutes.

The Buyer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods and Supply of Services Act, 1980 do not operate in relation to such defects which the examination ought to reveal. Should the Used Vehicle be sold also subject to defects notified by CarNext to the Buyer before purchase, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.

Save in the case of Customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.

The Buyer accepts the Used Vehicle in the condition it was delivered and is aware of its service history as shown on the Used Vehicles website.

Article 5. Warranty

(a)The Used Vehicle, if not covered by a manufacturer warranty at the time of sale, will be covered by a 12 month standard warranty from the date of delivery. The terms and conditions of the warranty are set out in the Warranty Conditions which will be included with the Used Vehicle. . The warranty is administered by AXA Partners – Global Insurance Management, 7th Floor, Eaton House, 1 Eaton Road,Coventry,CV1 2FJ, United Kingdom,Autotrust Europe B.V. or Mapfre Assistance Agency Ireland, Reg number 903874, Ireland Assist House, 22 – 26.

(b) In the case where the Buyer is not a Consumer (as defined by section 3 of the Sale of Goods and Supply of Services Act, 1980) the used vehicle, if not covered by a manufacturer warranty at the time of sale, will be covered by a 3 month standard warranty from the date of delivery. The terms and conditions are set out in the Warranty Conditions which will be included with the Used Vehicle. The warranty is administered by LeasePlan Fleet Management Services Ireland Limited (Trading as CarNext.

Article 6. Risk / Title / Retention of ownership

Risk shall pass to the Buyer as soon as the Used Vehicle is delivered to the Buyer.

Ownership of the Used Vehicle is only transferred to the Buyer once the following conditions have been met:
(i) the Buyer has paid the full Purchase Price in accordance with Article 7; and
(ii) if applicable, the Trade-in Vehicle is delivered to CarNext in accordance with Article 9.

Transfer of ownership will be completed online and the new (VLC) registration certificate will be issued by the Department of Transport. .

Until ownership of the Used Vehicle has passed to the Buyer, the Buyer shall;
(i) hold the Used Vehicle on a fiduciary basis as CarNext’s bailee
(ii) keep the Used Vehicle free from any charge, lien or other encumbrance
(iii) store it separately from its own goods or those of any other person and in a manner which makes the Used Vehicle readily identifiable as the goods of CarNext.

Article 7. Payment

The Buyer must pay the full Purchase Price within seven days after the in store or online purchase of the Used Vehicle, to CarNext by Bank Draft or EFT.

Article 8. Certificate/Invoice

If a Trade-in Vehicle is concerned CarNext will confirm the takeover of the vehicle by CarNext. If the Buyer purchases accessories or other ancillary products from CarNext, the Buyer will receive a separate invoice for these purchases.

Article 9. Trade-in Vehicle

Where CarNext agrees to allow part of the Purchase Price to be discharged by the Buyer delivering a used vehicle in part exchange to CarNext, ( a "Trade-in Vehicle”) in consideration of same, it is hereby agreed that the following further conditions will apply:

(i) The Trade-in Vehicle must be in the same condition as at the time of signing the Agreement (with the exception of the mileage which must not have increased by more than 200 kilometres). This is understood to mean: complete, in the same technical condition and with no extra damage to the interior and/or exterior. Should the Trade-in Vehicle not be in the same condition, CarNext is at liberty to terminate the Agreement partially or in its entirety;
(ii) The Buyer warrants that the Trade-in Vehicle is the absolute property of the Buyer and is free from all encumbrances The Buyer hands the Trade-in Vehicle over to CarNext without any third parties having any right(s) to it.
(iii) The Buyer is solely responsible for cancelling insurance for the Trade-in Vehicle.
(iv) , The Buyer will remain fully responsible for all (statutory) obligations and/or liabilities associated with (the use of) the Trade-in Vehicle which arose during the time this vehicle was in the possession of the Buyer; and if the Buyer does not meet their obligations under this article and CarNext incurs costs as a result, the Buyer will indemnify and hold harmless CarNext for any costs.

If the Buyer is in breach of any of the above mentioned conditions or no longer intends to use a Trade In Vehicle, the Buyer will owe the full Purchase Price for the Used Vehicle, without taking into account the value of the Trade-in Vehicle;

Article 10. Transfer

The Buyer shall not assign or transfer or purport to assign or transfer this Agreement or the benefit thereof to any other party, without the prior written consent of CarNext.

Article 11. Force majeure

If the Buyer or CarNext are unable to fulfil their obligations (on time) due to force majeure, then they are not liable for the damage suffered by the other. Strikes, sickness, transport issues and malfunctions are considered to be force majeure.

Article 12. Invalid provisions

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:

  • the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or
  • the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
    If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Article 13. Complete Agreement

This Agreement constitutes the whole only and entire agreement between the parties relating to the subject matter of this Agreement.
Except to the extent expressly repeated in this Agreement, this Agreement supersedes and extinguishes any pre-contractual statements.
Each party acknowledges that in entering into this Agreement it is not relying upon any pre-contractual statement which is not set out in this Agreement.

Article 14. Applicable Law and Jurisdiction

This Agreement is exclusively governed by Irish law. Should the parties have a dispute regarding the Agreement or compliance therewith, the dispute will be submitted to the competent court of law in Ireland.