These Terms and Conditions are supplemental to the standard Terms & Conditions applied by Hendy Group as provided.
These Terms and Conditions apply to Hendy Group (the "Dealer") and ____________________________ (the "Customer").
In the event that there is a discrepancy between the standard Terms & Conditions and this document, this document will take precedence.
These Terms & Conditions allow the Customer the opportunity to work on a number of vehicles for the Dealer whilst protecting the Dealer's interests.
The Dealer will provide the vehicle with the registration number/vehicle identification number (delete as appropriate) _________________ (the "Vehicle") to the Customer for the Customer to adapt as agreed and provide for onward sale. In the event that payment is not made in full by the Customer to the Dealer prior to the Vehicle being provided for adaptation and sale, the Dealer shall retain legal ownership of the Vehicle until the point at which payment is made in full by the Customer to the Dealer. Only at that point will legal ownership transfer.
The Customer warrants that it will, throughout the period it has possession of the Vehicle but prior to having legal title thereof, ensure that it advertises prominently on the Vehicle that legal title is retained by Hendy Group.
Prior to obtaining legal title, the Customer is required to insure at its own expense the Vehicle for the entirety of the period it is/will be under its control, such insurance to be comprehensive. All decisions as to whether a claim shall be made under that insurance shall be made by the Dealer. For the avoidance of doubt, in the event that the Customer must make a claim, it will be wholly responsible for any excess payment required by the insurers or by any relevant third party claiming against that insurance. Likewise, it shall be responsible for all excesses required when meeting a claim from a third party.
The Customer indemnifies the Dealer for any loss arising from the Vehicle prior to legal title passing to the Customer.
The Dealer shall be entitled to evidence of any of the above on reasonable request.
If any provision of this Agreement is found to be void or unenforceable, that provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect and the parties shall use their respective best endeavours to procure that any such provision is replaced by provision which is valid and enforceable, and which gives the effect to the spirit and intent of this Agreement.
No other person who is not a party to this Agreement shall have any rights, whether under the contract (Right of Third Parties) Act 1999 or otherwise, to enforce any terms of this Agreement.
This Agreement shall be governed by and construed in accordance with the Law of England and Wales. Any dispute arising out of or in connection with, concerning the carrying into effect of this Agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales, and the parties hereby subject to the exclusive jurisdiction of those Courts for these purposes.