SALE OR RETURN T&Cs
This agreement sets out the terms under which “CS” (Cotswold Strasse Ltd) will market and sell the “vehicle” (the motor vehicle described in this agreement) on behalf of the “customer” (the owner of the vehicle) on a Sale or Return basis.
Terms of Agreement:
1. The above vehicle is left with CS on a Sale or Return basis.
2. CS agrees to market and sell the vehicle on behalf of the customer for an agreed asking price. Any offers below the agreed price will be referred to the customer for approval before acceptance.
3. This agreement will remain in effect for an initial period of 60 days (or another period agreed in writing). After this time, the agreement may be extended by mutual consent or terminated by either party with 48 hours’ written notice. Thereafter the customer must collect the vehicle or make alternative arrangements with CS in writing.
4. The customer confirms that they are the legal owner of the vehicle and that it is free from any outstanding finance or other encumbrances. CS will carry out an HPI check to confirm this.
5. Ownership of the vehicle remains with the customer until full payment has been received and confirmed by CS, at which point CS will arrange for the vehicle to be transferred to the new keeper via the official GOV.UK website.
6. The customer confirms that all details provided about the vehicle are accurate and complete, including (but not limited to) condition, mileage, service history, and accident record, and that the vehicle is not recorded as a Category A, B, S, or N insurance write-off.
7. CS will photograph the vehicle upon delivery to record its condition. These images will serve as evidence of the vehicle’s state upon receipt.
8. Commission, at the agreed rate, will be payable on the actual sale price achieved. Alternatively, a fixed fee arrangement may be agreed in writing.
9. Where the sale proceeds are received by CS acting as agent, the balance after deduction of commission and any pre-agreed costs will be paid to the customer within five working days of receipt of cleared funds.
10. Vehicles will not be released to the buyer until the full sale proceeds have been cleared.
11. CS’s fee includes professional photography, a valet (if required), and an MOT (even if exempt) to prepare the car for marketing. Any additional work deemed necessary (e.g. repairs or maintenance) will be authorised by the customer in writing before being carried out. Such costs will either be deducted from the final sale proceeds, or, if the vehicle is not sold, reimbursed by the customer prior to vehicle release.
12. CS provides the buyer with a 6-month 3rd party warranty from “Warranty Solutions Group Ltd”, covering up to £2,000 per claim with unlimited claims. Terms and conditions of the warranty apply.
13. CS will take reasonable care of the vehicle while in its custody but shall not be liable for any loss, damage, or mechanical failure unless directly caused by CS’s negligence.
14. If the customer withdraws the vehicle from sale after marketing has commenced, CS reserves the right to charge a reasonable fee to cover costs incurred (e.g. advertising, photography, valeting, HPI check, and MOT).
15. Vehicles left beyond the agreed collection date, or after termination of this agreement, may be subject to a storage charge of £10 per day, unless otherwise agreed in writing.
16. CS will insure the vehicle at its market value on a fully comprehensive basis, including for road use and accompanied test drives. The vehicle will also be covered for accidental damage, fire, and theft while in CS’s possession.
17. CS will always accompany prospective buyers on test drives. A valid driving licence must be presented prior to the test drive, and a copy will be retained on file for the duration of the drive. The vehicle will be driven only by CS staff or by prospective buyers under CS supervision.
18. CS will use the vehicle for reasonable operational purposes only, including but not limited to MOT, maintenance, and marketing.
19. The customer agrees that photographs and descriptions of the vehicle may be used in CS’s marketing materials, website, social media, and other promotional channels.
20. CS shall not be liable for any failure or delay in performing its obligations under this agreement where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, power failures, or government actions.
21. This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.