TERMS & CONDITIONS

Trade Sale Terms & Conditions (Trade / B2B Only)
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 (whether as a sole trader, partnership, or limited company) and not as a consumer.

1.3 "Vehicle" means the vehicle described on the invoice, order confirmation, or receipt. "Purchase Price" means the total price payable for the Vehicle.

1.4 Business Status Verification (Trade Buyers Only): The Seller may request evidence that the Buyer is acting as a business, including but not limited to a 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 or 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 or export.

2.4 To the fullest extent permitted by law, and subject always to the requirement of reasonableness where applicable, the Seller excludes all terms, conditions, warranties, and representations implied by statute, common law, or otherwise, including as to satisfactory quality, fitness for purpose, and correspondence with description, in relation to business-to-business sales. Nothing in these Terms excludes or restricts the Seller’s liability for title, fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability which cannot lawfully be excluded or restricted.

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, or written sale documentation is the primary record of the sale.

3.3 Mileage is recorded and stated in good faith but is not warranted or guaranteed unless Aki Motors Ltd expressly confirms otherwise in writing.

3.4 The Buyer confirms they have had the opportunity to inspect and test-drive the Vehicle where applicable. Completion of payment and/or collection/delivery constitutes acceptance of the Vehicle’s condition.

3.5 Subject to clause 14.2 and to the extent permitted by law, no claim, complaint, or objection in respect of faults, defects, damage, condition, quality, fitness, description, mileage, missing items, or omissions shall be accepted after the Vehicle has been collected, loaded, released to the Buyer or its agent, or delivered.

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 and ownership do 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 or 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 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 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.

6.2 Where a finance company or funder is involved:

(a) the Seller may require the finance company or 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 or funder, the Seller will treat that payment as having been made on the basis that the finance company or funder accepts these Terms & Conditions, and the Buyer confirms the finance company or funder is authorised to do so;

(c) if the finance company or 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; and

(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 or funder.

6.3 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, including collection, legal fees, administration fees, and bank charges.

7. Collection, Late Collection and Storage
7.1 Collection is by appointment only unless agreed otherwise.

7.2 Unless stated otherwise on the invoice, the Buyer must collect the Vehicle within 3 working days of payment.

7.3 If the Vehicle is not collected by the agreed date, the Seller may charge storage at £25 per day, or such other rate as stated on the invoice, until collection.

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 or 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 or driver;

(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 or on 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 by telephone, email, or 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 and returns are not offered as standard.

10.2 If the Seller agrees in writing to accept a return, the Vehicle must be returned:

(a) in the same condition as at sale, with no additional mileage, damage, or modifications; and

(b) at the Buyer’s cost unless otherwise agreed.

10.3 If any refund is agreed in writing as a goodwill gesture, meaning 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 £150 + 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 £1.50 per mile + VAT for any miles added after sale, collection, or delivery;

(d) and the cost of repairing any new defects, damage, faults, or deterioration occurring 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 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 through a third-party 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 any 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 are authorised to sell;

(b) the part-exchange is free from outstanding finance or other interests 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 insurance category status have been 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 all 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 or 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.

18. Entire Agreement and Reliance
18.1 These Terms, together with the invoice, receipt, and any document expressly incorporated by reference, constitute the entire agreement between the parties in relation to the sale of the Vehicle.

18.2 The Buyer acknowledges that it has not relied on any statement, representation, assurance, or warranty other than as expressly set out in writing by the Seller.

18.3 Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation.

19. Time Not of the Essence / Seller Rights on Delay
19.1 Any times or dates given by the Seller for payment, collection, delivery, release of documents, or handover are estimates only unless expressly stated in writing to be binding.

19.2 Time shall not be of the essence unless expressly agreed by the Seller in writing.

19.3 If the Buyer delays payment, collection, provision of documents, business verification, or any other required step, the Seller may suspend performance, storage, release, or delivery without liability.

20. No Set-Off or Deduction
20.1 The Buyer shall pay all sums due in full without set-off, counterclaim, deduction, or withholding unless required by law or agreed by the Seller in writing.

20.2 Any dispute or claim raised by the Buyer does not entitle the Buyer to delay payment or recover possession-related sums already due.

21. Third-Party Rights
21.1 A person who is not a party to this agreement shall not have any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

21.2 This does not affect any right or remedy of a third party which exists or is available apart from that Act.

22. Severance
22.1 If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

22.2 If any invalid, unenforceable, or unlawful provision could be made valid, enforceable, and lawful by deleting part of it, the provision shall apply with the minimum modification necessary to make it lawful and enforceable.

23. Notices
23.1 Any notice or other communication given under these Terms must be in writing and sent by hand, pre-paid first-class post, or email to the address or email address last notified by the receiving party.

23.2 A notice is deemed received:

(a) if delivered by hand, at the time of delivery;

(b) if sent by pre-paid first-class post, at 9:00 am on the second working day after posting; and

(c) if sent by email, at the time of transmission, provided no delivery failure message is received.

23.3 This clause does not apply to the service of court proceedings.

24. Force Majeure
24.1 The Seller shall not be liable for any delay or failure to perform its obligations where caused by events outside its reasonable control, including but not limited to transport disruption, accident, severe weather, fire, flood, epidemic, government action, shortage of fuel, shortage of labour, banking delays, cyber incident, or supplier failure.

24.2 In such circumstances, the Seller may extend time for performance, suspend performance, or cancel the transaction without liability, and shall refund any sums paid only to the extent not already properly applied under these Terms.

25. Keys, Documents and Accessories
25.1 Unless expressly stated on the invoice, the Seller does not guarantee the number of keys, manuals, service records, locking wheel nut keys, SD cards, charging cables, tools, spare wheels, accessories, or other items supplied with the Vehicle.

25.2 Only items expressly listed on the invoice are included in the sale.

25.3 The Buyer is responsible for satisfying itself as to the presence, compatibility, coding, activation, and condition of any such items before collection, loading, or delivery.

26. Diagnostic Codes, Warning Lights and Mechanical Faults
26.1 The Buyer acknowledges that used vehicles may develop faults at any time and may have existing or intermittent faults not apparent on inspection or test drive.

26.2 The Seller does not warrant that the Vehicle is free from fault codes, warning lights, electrical issues, software issues, emissions faults, DPF/EGR issues, AdBlue issues, gearbox faults, engine faults, or other latent or developing defects unless expressly confirmed in writing by the Seller.

26.3 Any pre-sale comments, scans, appraisals, or observations made by the Seller are provided for information only and do not amount to a warranty or representation.

27. Road Use, Insurance and Trade Plates
27.1 The Buyer is solely responsible for ensuring that, from the point risk passes, the Vehicle is properly insured, taxed where required, licensed, and lawful for use on the road.

27.2 Any trade plates used by the Seller must be removed before handover unless otherwise agreed.

27.3 The Seller accepts no responsibility for any offence, penalty, seizure, loss, or damage arising from the Buyer’s use of the Vehicle after risk has passed.

28. Purchaser Declaration – Road Use, Warranty and Mileage
28.1 The Buyer acknowledges that the Vehicle must not be used on the road unless and until it is in a roadworthy condition and all legally required MOT, test certificates, insurance, tax, and other required documents are in place.

28.2 Where the Vehicle is sold without a valid MOT, or where it is otherwise not in a roadworthy condition due to its construction or the condition of its steering, brakes, chassis, tyres, lights, or any other safety-related component, the Buyer agrees that the Vehicle will not be driven on the road in that condition.

28.3 The Buyer confirms that the Vehicle is purchased at the stated price and in accordance with these Conditions of Sale. The Buyer accepts responsibility for ensuring that, before any use on the road, the Vehicle complies with all applicable road traffic laws and regulations.

28.4 Unless expressly confirmed in writing by the Seller, the Vehicle is sold without any warranty or guarantee.

28.5 The Buyer confirms that they are over 18 years of age.

28.6 Where the Vehicle is described or sold as unroadworthy, the Buyer acknowledges that it must leave the Seller’s premises by recovery vehicle or transporter and must not be used on the road until any necessary repairs have been carried out, it has been tested to the required MOT standard, and a valid MOT certificate has been obtained where required by law.

28.7 Where the Seller has stated that the recorded mileage should be treated as incorrect, the Buyer acknowledges that such mileage is not warranted. The Buyer further confirms that no verbal or written representation has been made that the mileage is correct, and that any mileage notice, sticker, or disclaimer provided before the sale forms part of the basis of the transaction.

28.8 The Buyer acknowledges that no representation has been made regarding the Vehicle’s age, condition, specification, or fitness for purpose other than as expressly set out in writing on the invoice, receipt, or other written document issued by the Seller.