These terms and conditions outline the rules and regulations for the use of our website and services. By accessing our website and using our services, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, please do not use our website or services.
- General
1.1 Position One Motor Company is a registered company in England and Wales. Our registered office is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
1.2 These terms and conditions govern your use of our website and services, including the purchase of vehicles, finance, warranty, and sale or return services.
1.3 We reserve the right to modify or update these terms and conditions at any time without prior notice. Your continued use of our website and services after any changes indicates your acceptance of the modified terms and conditions.
2. Vehicles for Sale
2.1 All vehicles displayed on our website are subject to availability and confirmation of the price at the time of purchase.
2.2 We make every effort to ensure that the information on our website is accurate and up-to-date, but we do not guarantee the accuracy, completeness, or suitability of any information or materials found on our website.
2.3 The price of each vehicle includes VAT, but excludes any other taxes, fees, or charges that may apply.
2.4 We reserve the right to withdraw or amend any vehicle from sale without prior notice.
3. Deposit for Vehicle Reservation
3.1 To reserve a vehicle at Position One Motor Company, a non-refundable deposit is required. The amount and acceptable payment methods for the deposit will be communicated at the time of the reservation.
3.2 The receipt of the deposit ensures that the specified vehicle is reserved for the customer. Position One Motor Company will remove the vehicle from the sales market for a specified period, typically not exceeding 14 days, enabling the customer to finalise the purchase.
3.3 The deposit is strictly non-refundable, signifying the customer’s commitment to proceed with the purchase of the reserved vehicle. If the customer cancels the reservation or fails to complete the purchase within the agreed period, the deposit will not be returned.
3.4 When the customer proceeds with the purchase, the deposit will be applied towards the total purchase price of the vehicle.
3.5 Failure to complete the vehicle purchase within the agreed-upon timeframe will result in the retention of the deposit by Position One Motor Company as compensation for reserving the vehicle.
3.6 Exceptional circumstances where Position One Motor Company may decide to refund the deposit at its discretion will be clearly communicated to the customer.
3.7 All terms of the non-refundable deposit will be documented and provided to the customer at the time of the deposit transaction.
4. Finance
4.1 We offer finance options for the purchase of vehicles, subject to status.
4.2 Finance is provided by third-party lenders, and we act as a credit broker, not a lender.
4.3 The finance options available depend on your personal circumstances and credit history.
4.4 We do not guarantee that you will be eligible for finance, nor do we guarantee the terms or interest rates offered by the lenders.
4.5 If you choose to apply for finance, you will be subject to a credit check by the lender.
4.6 We may receive commission from the lender for arranging finance on your behalf.
5. Warranty
5.1 All vehicles sold by Position One Motor Company come with a 3-month warranty as standard.
5.2 The warranty covers mechanical and electrical breakdowns that occur during normal use of the vehicle.
5.3 The warranty does not cover damage caused by neglect, misuse, or modifications made to the vehicle.
5.4 The warranty is provided by a third-party warranty provider, and we act as an intermediary between you and the provider.
5.5 The terms and conditions of the warranty are set out in a separate document provided to you at the time of purchase.
6. Sale or Return Agreement
6.1 This Agreement relates to the consignment of a motor vehicle (“Vehicle”) by the Customer to the
Company for the purpose of sale on a sale or return basis.
6.2 The Company agrees to accept the Vehicle on a sale or return basis and will market and sell the Vehicle through its dealership as an independent retailer.
6.3 The Customer shall provide accurate and complete details of the Vehicle, including all relevant
documentation, service history, and disclosures required for sale.
6.4 The Company reserves the right to accept or reject any Vehicle for consignment at its sole discretion.
6.5 The Customer confirms that they are the rightful legal owner of the Vehicle and possess all necessary
rights and documentation to enable its sale. Where the Customer is acting on behalf of the legal owner,
the Customer must provide written and signed consent from the owner confirming that they are aware of,
and authorise, the consignment and sale of the Vehicle through the Company. The Company reserves the
right to request proof of ownership and identification from all relevant parties prior to proceeding with the
sale. The Customer accepts full responsibility for ensuring that such authority is valid and accurate, and
agrees to indemnify the Company against any loss, claim, liability, or cost arising as a result of any
misrepresentation or lack of proper authority.
6.6 The Customer agrees that the Vehicle must be roadworthy and of a standard suitable for retail sale. All
Vehicles will undergo a comprehensive 93 point health check carried out by a main dealer or marque
specialist. The Customer accepts full responsibility for all costs associated with bringing the Vehicle up to
this standard, including any repairs, servicing, diagnostics, or preparation required. In the event that the
Vehicle does not meet the required standard and the Customer declines to approve or fund the necessary
works, the Company reserves the right to reject the Vehicle and terminate the Agreement with immediate
effect. The Customer further agrees that any costs already incurred by the Company in relation to
inspection, diagnostics, transportation, or preparation of the Vehicle remain payable in full, regardless of
whether the Vehicle proceeds to sale.
6.7 The Company may, at its discretion, arrange and carry out agreed repairs, maintenance, or
preparation to improve the saleability of the Vehicle, with all associated costs payable by the Customer.
6.8 The Company and the Customer shall agree an initial advertised price for the Vehicle. The Customer
acknowledges that the Company will determine the appropriate pricing strategy based on market
conditions, experience, and ongoing buyer demand. The Company may recommend price adjustments
during the consignment period to ensure the Vehicle remains competitively positioned for sale, and the
Customer agrees to give reasonable consideration to such recommendations. The Company shall not be
obliged to continue marketing or advertising the Vehicle at a price deemed unrealistic or uncompetitive
and reserves the right to pause marketing activity or terminate the Agreement in such circumstances. The
Company does not provide routine updates on advertising performance, market analytics, or enquiry
levels. Should the Customer require an update, it is the Customer’s responsibility to make contact with
the Company. The Customer further acknowledges that a lack of response or engagement shall not
prevent the Company from pausing marketing activity or taking reasonable steps to protect the saleability
of the Vehicle.
6.9 The Company shall be entitled to its agreed sales fee upon the successful sale of the Vehicle, as
confirmed in writing within this Agreement.
6.10 This Agreement shall operate as a minimum 90 day rolling contract from the date the Vehicle is listed
for sale. The Agreement will automatically continue on a rolling basis in successive 90 day periods unless
terminated in accordance with the terms set out herein. The Customer agrees that the Vehicle must
remain with the Company for no less than the initial 90 day period and may not be withdrawn during this
time except with the prior written agreement of the Company. The Customer further acknowledges that
upon continuation beyond the initial 90 day period, all terms and conditions of this Agreement shall
continue to apply in full for the duration of the Agreement.
6.11 The Customer may request the return of the Vehicle during the consignment period by providing
notice to the Company. Any such request shall be subject to a strict maximum mileage allowance of 500
miles from the recorded listing mileage and must comply with all usage guidelines set by the Company to
prevent damage, misuse, or devaluation of the Vehicle. The Vehicle must be returned in the same
condition as it was at the point of release, fair wear and tear excepted.
A full Vehicle Condition Report will be completed and signed by both the Customer and the Company at
the point of handover or release. This report will act as the agreed record of the Vehicle’s condition and
may be relied upon by the Company when assessing any damage, deterioration, or loss in value upon
return.
Any mileage in excess of the agreed allowance will be charged at £1.90 per mile. The Company reserves
the right to inspect the Vehicle upon return and charge the Customer for any loss in value, damage, or
additional preparation required to return the Vehicle to a saleable standard.
The Company reserves the absolute right to charge its full agreed sales fee in the event that the Customer
withdraws the Vehicle at any point during the term of this Agreement, regardless of the stage of the sales
process. The Customer further agrees that any costs incurred by the Company in relation to preparation,
inspection, transportation, advertising, or storage of the Vehicle remain payable in full prior to release.
The Vehicle will not be released, or where released must be returned, until all outstanding amounts owed
to the Company have been settled in full and cleared funds received.
6.12 Upon sale of the Vehicle, the Company shall deduct its agreed sales fee and any outstanding costs
before remitting the remaining balance to the Customer.
6.13 If the Vehicle remains unsold, the Agreement shall continue in accordance with Clause 6.10 unless
terminated in line with these terms.
6.14 Responsibility for the Vehicle shall remain with the Customer until such time as the Vehicle has been
sold and full cleared funds have been received by the Company. Whilst the Vehicle is in the custody of the
Company, the Company shall take reasonable care in its handling, storage, and use for the purposes of
sale, including but not limited to viewings, test drives, transportation, and preparation. The Vehicle shall
only be driven by employees of the Company and approved prospective purchasers for legitimate sale
related purposes. The Company shall not be liable for any loss, damage, or mechanical issues arising
from fair wear and tear, necessary movement, or agreed works carried out in connection with the sale of
the Vehicle. Any claim for loss or damage must be supported by clear evidence of negligence on the part
of the Company.
6.15 The Customer is responsible for maintaining valid and adequate insurance cover for the Vehicle at all
times during the consignment period. The Company does not provide insurance cover for fire, theft, or
windscreen damage. The Customer acknowledges and accepts full responsibility for ensuring
appropriate insurance is in place for these risks.
6.16 The Customer grants the Company full rights to capture, use, and distribute all media content
relating to the Vehicle, including but not limited to photographs, videos, and digital marketing materials.
The Company retains full ownership of such content and may use it for advertising, promotional, and
social media purposes without restriction.
6.17 The Company reserves the right to use and drive the Vehicle for legitimate operational purposes
related to the sale, including but not limited to routine maintenance, inspections, preparation,
transportation, and movement between locations. The Company also reserves the right to present and
display the Vehicle at events, including car shows, for the purpose of supporting and promoting the sale.
6.18 The Customer agrees that all fuel and running costs associated with the Vehicle during the
consignment period shall be the sole responsibility of the Customer. This includes, but is not limited to,
fuel used for transportation, inspections, test drives, maintenance, repairs, preparation, collection,
delivery, and any movement required in connection with the sale of the Vehicle. Under no circumstances
shall the Company be responsible for or absorb any fuel costs relating to the Vehicle. The Company
reserves the right to recharge all such costs to the Customer in full.
7. Liability and Insurance
7.1 The Company shall exercise reasonable care in the storage, maintenance, and display of the consigned Vehicles.
7.2 The Customer agrees to maintain appropriate insurance coverage for the consigned Vehicles during the consignment period, including comprehensive coverage against loss, theft, damage, and liability.
7.3 The Company shall not be held liable for any loss, damage, theft, or destruction of the consigned Vehicles, except in cases of negligence or willful misconduct.
7.4 The Company shall not be liable for any wear and tear damage whilst in our possession.
8. Termination
8.1 Either party may terminate this Agreement by providing written notice to the other party.
8.2 Termination shall not affect the rights and obligations of the parties accrued prior to the termination date.
8.3 Termination costs of £500 are applicable if the owner wishes to terminate the contract early.
9. Governing Law
9.1 These terms and conditions shall be governed by and construed in accordance with English law.
9.2 Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
10. Complaints
10.1 At Position One Motor Company, we are committed to delivering high-quality service and value the feedback of our customers. We view complaints as an opportunity to learn and improve for the future, as well as a chance to put things right for the person or entity that has made the complaint.
10.2 You can make a complaint here.
Thank you for choosing Position One Motor Company. If you have any questions about these terms and conditions, please contact us at sales@p1motorcompany.co.uk.
