Terms & Conditions for the Sale of Used Vehicles

Effective Date: 01.06.2025

Note: Nothing contained in these Terms and Conditions will affect or restrict the statutory rights of a consumer under the Consumer Rights Act 2015 (CRA 2015).

1. Definitions & Interpretation

1.1. Definitions

In these terms, unless the context requires otherwise:

  • Vehicle means the motor vehicle and any parts, accessories, and extras detailed in the Order (subject to clauses 5.4 and 5.5).
  • Part Exchange Vehicle means the used vehicle (if any) offered by the Consumer in part exchange for the Vehicle.
  • Order means the order set out overleaf for the purchase of the Vehicle.
  • Accessory means an extra or accessory detailed in the Order.
  • Trader means Mallory Motorcycles Ltd and includes its successors and assigns.
  • Consumer means the person, firm, or company placing the Order.
  • CRA 2015 means The Consumer Rights Act 2015.
  • Contract means the contract for the sale or purchase of the Vehicle(s).
  • Purchase Price means the price for the Vehicle (including, where applicable, accessories, delivery, warranty, insurance, fuel, and Value Added Tax) current at the date of the Order.
  • Allowance means the amount specified on the Order as allowed by the Trader against a Part Exchange Vehicle.
  • Encumbrance includes (without limitation) any mortgage, pledge, lien, security interest, title retention, or any other security obligation or agreement.
  • 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.
  • Sales Information means the sales information provided by the Trader and not the Manufacturer.

1.2. Interpretation

  • 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. Entire Agreement

These terms, together with the terms set out on the Order, 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.

3. Cancellation & 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 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.

4. Delivery

  • 4.1. Risk: 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. Estimated Delivery Date: 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. Collection: 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. Failure to Pay: The Consumer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full. If the Consumer fails to pay:
    • The Trader shall be entitled to treat the Contract as repudiated by the Consumer.
    • The Trader may retain any deposit paid and sell the Vehicle and retain the proceeds of the sale.
    • The cost of storage and any additional transportation will be added to and form part of the Purchase Price.
  • 4.5. Trader Delay/Cancellation:
    • 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. CRA 2015: 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 & Price Variation

  • 5.1. Statutory Changes: 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.
  • 5.2. Manufacturer Price Changes: 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:
    • 5.2.1. 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
    • 5.2.2. If a price reduction, the amount by which the Trader intends to reduce the Purchase Price (or that no reduction is intended).
  • 5.3. Consumer’s Right to Cancel due to Price Change: The Consumer may cancel the Contract:
    • 5.3.1. within fourteen days after the date of a notice under clause 5.2.1; or
    • 5.3.2. within fourteen days after the date of a notice under clause 5.2.2 if the amount by which the Trader intends to reduce the Purchase Price is less than the amount of the reduction in the recommended price.
  • 5.4. Accessory Changes: If the Trader is unable to supply any Accessory, the Trader may at its option either:
    • 5.4.1. substitute a reasonable equivalent; or
    • 5.4.2. 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. Breach of Contract: 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. Standard Methods: Unless otherwise agreed (and in all cases other than a sale via a finance company pursuant to clause 8), the Consumer shall pay the Purchase Price via credit card, debit card, cash, or bank transfer.
  • 6.2. Cheque Payment: The Trader accepts payment by cheque only if the cheque is received at least seven clear banking days before the date on which delivery is intended. Payment shall not be deemed to have been made until cleared funds are received.
  • 6.3. Credit Terms: An agreement to accept payment on credit terms shall be effective only if in writing signed by an authorised representative. Any agreed credit period shall commence from the date of delivery and, unless otherwise specified, shall be seven days.
  • 6.4. Financial Status: The Trader reserves the right at any time prior to payment to request banker’s or any other references as to the Consumer’s financial status.
  • 6.5. Interest on Unpaid Amounts: Interest will be charged on all outstanding unpaid amounts at the rate of 2% per annum above the base rate of Lloyds Bank plc from time to time in force.
  • 6.6. Payment Appropriation: Normally, amounts received shall be applied in payment of the oldest debt, but the Trader may at any time appropriate any payment it receives to such outstanding debt as the Trader thinks fit.
  • 6.7. CRA 2015 Refunds: Any sums paid to the Consumer by the Trader by way of refund 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.
  • 6.8. Refund Method: Any such payment shall be made by the Trader using the same means of payment used by the Consumer unless the Consumer expressly agrees otherwise.

7. Title (Ownership)

  • 7.1. Retention of Title: Notwithstanding delivery, both beneficial and legal title to the Vehicle remain in the Trader until the Trader has received payment of all sums (whether by way of Purchase Price or otherwise) payable to the Trader.
  • 7.2. Consumer Obligations (While Title Remains with Trader): Whilst title in the Vehicle remains in the Trader, the Consumer shall:
    • 7.2.1. be in possession of the Vehicle as bailee of the Trader.
    • 7.2.2. keep the Vehicle safe and in good condition and insure it for its full replacement value.
    • 7.2.3. not without the Trader’s prior written consent use the Vehicle for self-drive hire, hackney carriage or taxi work, racing, or off-road (with limited exceptions).
    • 7.2.4. not create any Encumbrance over the Vehicle.
  • 7.3. Termination of Possession/Use: The Consumer’s power of possession and use of the Vehicle shall terminate:
    • 7.3.1. on the date on which notice is given by the Trader under clause 7.4; and/or
    • 7.3.2. if any insolvency or financial distress events happen to the Consumer (e.g., inability to pay debts, bankruptcy petition).
  • 7.4. Revocation of Possession: The Trader may by notice to the Consumer revoke the Consumer’s power of possession and use of the Vehicle if:
    • 7.4.1. the Trader has any doubt as to the ability or willingness of the Consumer to pay any sum on the due date;
    • 7.4.2. 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. Yielding Up the Vehicle: Upon revocation, the Consumer shall yield up the Vehicle in good condition to the Trader and (if required) at its own expense deliver the Vehicle to an address in the United Kingdom specified by the Trader.

8. Finance Arrangements

  • 8.1. Finance Company Purchase: 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.
  • 8.2. Substitution of Consumer: If a finance company is introduced, the provisions of this Contract regarding the original Consumer shall cease to have effect, except for the terms relating to the Part Exchange Vehicle (if any). The finance company shall thus be substituted as the Consumer of the Vehicle.

9. Part Exchange Vehicle

  • 9.1. Allowance and Acceptance: The Allowance is given and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract).
  • 9.2. Conditions for Title: The Consumer passes to the Trader good title to the Part Exchange Vehicle either:
    • 9.2.1. free from Encumbrances; or
    • 9.2.2. if there are Encumbrances, the Allowance will be applied towards the cash settlement of those obligations.
  • 9.3. Condition: The condition of the Part Exchange Vehicle as delivered to the Trader must be substantially the same as that existing at the time of the Trader’s examination (fair wear and tear excepted).
  • 9.4. Risk and Title: Risk in and title to the Part Exchange Vehicle shall pass to the Trader on delivery.
  • 9.5. Delivery: The Consumer shall deliver the Part Exchange Vehicle to the Trader within seven days of notice that the Vehicle is ready for collection.
  • 9.6. Reduction in Allowance: If Completion takes place more than thirty days after the date of the Order (and the delay is not the Trader’s fault), the Trader reserves the right to reduce the Allowance by an amount equal to 2.5% of the Allowance for each completed thirty-day period.
  • 9.7. Failure to Fulfill Conditions: If any of clauses 9.2 to 9.6 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:
    • 10.1.1. subject to any defects which the Trader has drawn to the Consumer’s attention prior to the Order; and
    • 10.1.2. subject to any defects which the Consumer discovered or ought reasonably to have discovered upon examining the Vehicle prior to placing the Order. The Consumer acknowledges that they have been afforded the opportunity to examine the Vehicle.

11. Warranty & Producer Details

  • 11.1. New Vehicle Warranty: If it is a new vehicle, the Vehicle is sold with the benefit of the Manufacturer’s warranty. The benefit of such warranty is in addition to any statutorily implied warranty on the part of the Trader.
  • 11.2. Producer: Unless otherwise specified by notice to the Consumer, the producer of the Vehicle (for the purposes of Section 2 of the Consumer Protection Act 1987) is the Manufacturer.

12. Limits of Liability

  • 12.1. Suitability: 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 representations made by the Trader do not form part of this Contract.
  • 12.2. Trader’s Total Liability: The Trader’s total liability for the aggregate claims of the Consumer arising out of a single act or default shall not exceed the Purchase Price.
  • 12.3. CRA 2015 Service Rights: This provision 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, the Trader shall be entitled to postpone delivery and suspend performance of the Contract and may terminate the Contract at any time following the occurrence of any of the financial distress events specified in clause 7.3.

14. Distance Selling (Consumer Contracts Regulations)

These clauses apply if the contract has been completed without any face-to-face contact between the Trader and Consumer.

  • 14.1. Right to Cancel: The Consumer may give notice to cancel within 14 days without giving any reason.
  • 14.2. Cancellation Period: The period will expire 14 days after the day on which the Consumer takes physical possession of the Goods. To exercise this right, the Consumer must inform the Trader of the decision to cancel in writing (e.g., a letter sent by post, fax, or email).
  • 14.3. Reimbursement: If the Consumer cancels, the Consumer will be reimbursed all payments received not later than 14 days after the day on which the Trader receives the Goods back.
  • 14.4. Return of Goods: The Consumer should send back the Goods or deliver them back to the Trader not later than 14 days after the day on which you communicate your cancellation. The Trader will require the Consumer to bear the cost of returning the Goods.
  • 14.5. Duty of Care: 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, strike, or inability to procure parts). 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 & General Provisions

  • 16.1. Waiver: No waiver of any of the Trader’s rights under the Contract shall be effective unless in writing signed by an authorised person.
  • 16.2. Notices: Any notice shall be properly given if in writing and sent by first class post, telex, or facsimile, and shall be deemed served on the expiry of 48 hours (postal), or on completion of transmission (telex/facsimile).
  • 16.3. Severability: If any provision is found to be invalid or unenforceable, it shall apply with such modification as may be necessary to make it valid and effective.
  • 16.4. Governing Law: English Law shall govern the construction and operation of the Contract, and the Consumer agrees to submit to the exclusive jurisdiction of the English courts.

17. Contact Us

If you have any questions about this policy, please contact us:

Mallory Motorcycles Ltd

  • Email: info@mallorymotorcycles.com
  • Address: Unit 2 Griffon Road, Quarry Hill Industrial Estate, Ilkeston, Derbyshire, DE7 4RF

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East Midlands based used motorcycle and scooter dealership - focused on customer experience with finance, delivery and part exchange available on all of our bikes!
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Unit 2 Griffon Road Quarry Hill Industrial Estate Derbyshire DE7 4RF
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Mallory Motorcycles Ltd is registered in England and Wales (Company Registration number 13948787). Registered Address Unit 2 Griffon Road, Derbyshire DE7 4RF. Authorised and Regulated by the Financial Conduct Authority (number 1037062). Mallory Motorcycles Ltd is a credit broker and not a lender. We can introduce you to a limited number of finance lenders and for such introductions we will receive commission. The commission payment can be either a fixed fee or a fixed percentage of the amount you borrow. The lenders we work with could pay commission at different rates. The commission we receive will not affect the amount you repay under the credit agreement. All finance is subject to status. Terms and conditions apply. Applicants must be 18 years or over.