TERMS & CONDITIONS

Aki Motors Ltd – Trade Sale Terms & Conditions

1. Application and Definitions

1.1 These Terms & Conditions apply to all vehicle sales made by Aki Motors Ltd (“Seller”) to business customers (“Buyer”).
1.2 By placing an order, paying a deposit, or purchasing a vehicle, the Buyer confirms they are acting wholly for business purposes (sole trader, partnership, or limited company) and not as a consumer.
1.3 “Vehicle” means the vehicle described on the invoice/order confirmation. “Purchase Price” means the total price payable for the Vehicle.

1.4 Business Status Verification (Trade Buyers Only)
1.4 The Seller may request evidence that the Buyer is acting as a business (for example: company registration number, VAT number, business invoice details, purchase order, business website, trade insurance, or other reasonable proof). The Seller may refuse to proceed with the sale or delay release of the Vehicle until satisfactory evidence is provided.

2. Trade Sale Basis (No Consumer Sale)

2.1 All Vehicles are sold strictly on a trade sale basis. Unless the Seller expressly states otherwise in writing, Vehicles are supplied without warranty/guarantee.
2.2 The Seller may carry out a basic visual appraisal and/or roadworthiness check, but this does not constitute a full mechanical inspection, diagnostic assessment, or certification of condition.
2.3 The Buyer is responsible for carrying out their own inspection, checks, and due diligence (including HPI/finance checks, suitability, emissions/ULEZ matters, and compliance for intended use/export).

2.4 To the fullest extent permitted by law and subject to the reasonableness requirement, the Seller excludes all implied terms and conditions (including those relating to satisfactory quality, fitness for purpose, and description) under the Sale of Goods Act 1979 and related legislation as applicable to business-to-business sales.
Nothing in these Terms excludes or restricts the Seller’s liability for good title/ownership (including under section 12 of the Sale of Goods Act 1979).

3. Vehicle Condition, Description, Mileage and Acceptance

3.1 Vehicles are used and may show signs of age, wear and tear, prior repairs, and cosmetic imperfections.
3.2 Any photos, videos, advertisements, or descriptions are provided as a guide only. The invoice/receipt is the primary record of the sale.
3.3 Mileage is recorded and stated in good faith but is not warranted or guaranteed. Mileage is never warranted unless Aki Motors Ltd expressly confirms in writing (for example, stated on the invoice or a signed written confirmation).
3.4 The Buyer confirms they have had the opportunity to inspect and test-drive (where applicable). Completion of payment and/or collection/delivery constitutes acceptance of the Vehicle’s condition.
3.5 No claim for faults, defects, damage, misdescription, or omissions will be accepted after the Vehicle has been collected, loaded, or delivered, except where required by law or where the Seller has agreed otherwise in writing.

4. Price, VAT and Payment

4.1 All prices are in pounds sterling (£) and are exclusive of VAT unless stated otherwise on the invoice.
4.2 Cleared funds must be received before the Vehicle is released.
4.3 The Seller may require proof of identity, proof of business status, and proof of address before releasing the Vehicle.
4.4 Title/ownership does not pass to the Buyer until cleared funds are received in full.

5. Deposits, Reservation Fees and Holding Periods

5.1 The Seller may require a deposit/reservation fee to hold a Vehicle.
5.2 Deposit options:
(a) £100 deposit reserves the Vehicle for 3 days; or
(b) £300 deposit reserves the Vehicle for 7 days.
5.3 All deposits are strictly non-refundable under all circumstances, unless Aki Motors Ltd agrees otherwise in writing.
5.4 If the Buyer fails to complete the purchase within the relevant holding period (or any agreed extension confirmed in writing), Aki Motors Ltd may retain the deposit and resell the Vehicle without liability.

6. Finance, Chargebacks and Payment Reversals

6.1 Finance / Third-Party Funding
6.1 If the Buyer intends to use third-party finance or funding, this must be agreed in advance. The Vehicle will only be released once the Seller has received cleared funds in full.
(a) Where a finance company/funder is involved, the Seller may require the finance company/funder to confirm in writing that it accepts and will be bound by these Terms & Conditions before the Seller accepts funds and/or releases the Vehicle.
(b) If the Seller receives funds from a finance company/funder, the Seller will treat that payment as being made on the basis that the finance company/funder accepts these Terms & Conditions, and the Buyer confirms the finance company/funder is authorised to do so.
(c) If the finance company/funder refuses to confirm acceptance in writing or disputes these Terms, the Seller may (at its discretion) decline the transaction, return funds, and/or refuse to release the Vehicle until the matter is resolved.
(d) The Buyer remains responsible for any delays, disputes, failed payments, chargebacks, recalls, or any shortfall between the Purchase Price and the amount paid by any finance company/funder.

6.2 Any card payment (if accepted) is subject to verification checks. If a payment is reversed, recalled, disputed, or charged back after release, the Buyer remains liable for the full Purchase Price and any associated costs (collection, legal fees, admin, and bank charges).

7. Collection, Late Collection and Storage

7.1 Collection is by appointment only unless agreed otherwise.
7.2 Unless stated on the invoice, the Buyer must collect within 3 working days of payment.
7.3 If the Vehicle is not collected by the agreed date, the Seller may charge storage of £25 per day (or such other rate stated on the invoice) until collected.
7.4 If storage exceeds 14 days, the Seller may treat the order as cancelled by the Buyer, retain any deposit, and resell the Vehicle (without prejudice to the Seller’s right to recover any shortfall and costs).

8. Delivery, Transport and Risk

8.1 Delivery/transport can be arranged at the Buyer’s request. Delivery times are estimates only.
8.2 Risk transfers to the Buyer when the Vehicle is:
(a) collected by the Buyer or their agent/driver; or
(b) loaded onto a transporter; or
(c) handed to a third-party carrier arranged by the Buyer or the Seller (whichever occurs first).
8.3 The Buyer must ensure the Vehicle is checked at handover/arrival. Any transit damage or issues must be reported immediately to the carrier and the Seller.
8.4 The Seller is not responsible for delays or failures caused by third-party transport providers.

9. Distance Sales (Remote B2B Sales)

9.1 Where Vehicles are sold remotely (telephone, email, online), the transaction remains business-to-business. The Buyer acknowledges they do not have consumer cancellation rights.
9.2 No cancellation, return, or refund is available unless the Seller agrees in writing.

10. Refunds, Returns and Cancellations

10.1 Refunds/returns are not offered as standard.
10.2 If the Seller agrees to accept a return in writing, the Vehicle must be returned:
(a) in the same condition as at sale (no additional mileage/damage/modifications), and
(b) at the Buyer’s cost unless otherwise agreed.

10.3 If any refund is agreed in writing as a goodwill gesture (i.e., where the Seller is not legally obliged to provide a refund), Aki Motors Ltd reserves the right to apply deductions and charges including (but not limited to):
(a) an administration fee of £89.99 + VAT;
(b) a valeting/cleaning charge of £150 + VAT to return the Vehicle to the standard it was sold in;
(c) a usage charge for mileage at £1.00 per mile + VAT for any miles added after sale/collection/delivery; and
(d) the cost of repairing any new defects, damage, faults, or deterioration that occur after the Vehicle leaves the Seller’s possession (including while in the Buyer’s custody, use, storage, or transport), charged at the Seller’s reasonable cost of repair and/or reduction in resale value.

10.4 Any refund amount (if agreed) will be determined by the Seller in its discretion after inspection and assessment, taking into account the above charges and the Vehicle’s condition, mileage, and resale value.

11. Optional Warranty Products

11.1 Vehicles are sold without warranty unless the Buyer purchases an optional warranty plan (e.g., via Momentum Care Warranty, WarrantyWise, or another provider).
11.2 Any warranty is a contract between the Buyer and the warranty provider and is subject to that provider’s terms, exclusions, and claims process.
11.3 Any goodwill assistance offered by the Seller is voluntary and does not create an ongoing obligation.

12. Part-Exchange (If Applicable)

12.1 If a part-exchange is accepted, the Buyer warrants that:
(a) they are the legal owner (or authorised to sell),
(b) the part-exchange is free from outstanding finance/interest (unless declared and agreed in writing),
(c) the mileage is accurate to the best of their knowledge, and
(d) all material faults, accident history, or category status are disclosed.
12.2 If any statement is false or misleading, the Seller may revise the allowance, recover losses, or unwind the part-exchange agreement.

13. Export, Compliance and Documentation

13.1 The Buyer is responsible for export arrangements, taxes, duties, compliance, and registration requirements in any destination country.
13.2 The Seller is not responsible for delays or issues relating to DVLA processes, export paperwork, shipping timelines, or destination-country regulations.
13.3 Any V5C/logbook timelines are subject to DVLA processing and are not guaranteed.

14. Liability and Indemnity

14.1 The Seller is not liable for indirect or consequential loss (including loss of profit, business, goodwill, or anticipated savings) arising from purchase, resale, export, or use of the Vehicle.
14.2 Nothing in these Terms limits liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability that cannot be excluded by law.
14.3 The Buyer indemnifies the Seller against claims, costs, and liabilities resulting from the Buyer’s use, resale, export, or representation of the Vehicle, except to the extent caused by the Seller’s negligence or fraud.

15. Anti-Fraud, Identity and Business Verification

15.1 The Seller may request photo ID, proof of address, company details, and verification checks before releasing the Vehicle.
15.2 The Seller may refuse to complete or may delay release where fraud or irregularity is suspected, without liability.

16. Governing Law and Jurisdiction

16.1 These Terms and all transactions are governed by the laws of England and Wales.
16.2 The parties agree to the exclusive jurisdiction of the courts of England and Wales.

17. Variation of Terms

17.1 Aki Motors Ltd reserves the right to update or modify these Terms & Conditions at any time.
17.2 The version in effect at the time of sale shall apply to that transaction.
17.3 Any variation must be agreed in writing by the Seller.