Culloden Car Sales Ltd – Terms and Conditions of Vehicle Sale

Last updated: 19/06/2025
Company No: SC222206 | FCA No: 672518 | VAT No: GB842214946
Registered Office: 15 Fodderty Way, Dingwall, IV15 9XB
Trading Address: 1 Barn Church Road, Culloden, Inverness, IV2 7WB
Email for legal notices: [email protected]

1. Definitions
CUSTOMER: The individual or business purchasing the vehicle from Culloden Car Sales Ltd ("the DEALER").
VEHICLE: The motor vehicle sold under this contract, including documentation, keys, and any accessories.
CONTRACT: The legally binding agreement formed upon in-person inspection and signature of the Sales Order or Handover Declaration.
OFF MARKET FEE: A non-refundable fee of £250 to temporarily reserve the vehicle.
SALES ORDER: The order form confirming details of the vehicle and purchase price.
HANDOVER DECLARATION: Final confirmation signed by the CUSTOMER upon inspection and prior to collection.

2. Contract Formation
2.1 A contract is formed only after the CUSTOMER has inspected the VEHICLE in person and signed the SALES ORDER or HANDOVER DECLARATION.

2.2 The DEALER does not operate an organised distance selling scheme. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.

2.3 No contract is formed without in-person inspection, unless an express waiver is signed and a separate Distance Sale Agreement is provided.

3. Off Market Fee (Reservation Fee)
3.1 A £250 Off Market Fee reserves the VEHICLE exclusively for the CUSTOMER for up to 48 hours.

3.2 This fee is non-refundable and covers administrative, preparation, and opportunity costs.

3.3 The Off Market Fee is not a deposit and does not by itself create a binding contract.

3.4 Once the CUSTOMER inspects the VEHICLE and confirms intention to proceed, the Off Market Fee is reclassified as a deposit against the purchase price.

3.5 If the CUSTOMER fails to inspect the vehicle, cancels, or does not attend within the reservation window, the Off Market Fee is retained in full.

3.6 Payment of the Off Market Fee constitutes acceptance of these Terms and Conditions.

4. Vehicle Inspection and Acceptance
4.1 The CUSTOMER is responsible for thoroughly inspecting and test driving the VEHICLE before forming the contract.

4.2 Signing the Handover Declaration confirms contract completion and acceptance.

4.3 Failure to inspect does not invalidate the CUSTOMER’s obligations under a signed Sales Order.

5. Price and Payment
5.1 The purchase price is confirmed in the Sales Order.

5.2 Full cleared funds must be received before the VEHICLE is released.

5.3 Payments must come from the CUSTOMER’s bank account. Third-party payments require prior written agreement.

5.4 The DEALER reserves the right to cancel the sale and retain the vehicle in cases of suspected fraud or unauthorised finance.

6. Delivery and Collection
6.1 Unless otherwise agreed, the CUSTOMER must collect the VEHICLE from the DEALER’s premises.

6.2 A daily storage charge of £12.00 + VAT applies after 7 days if the CUSTOMER fails to collect.

6.3 After 14 days, the DEALER may: (a) cancel the contract for breach; (b) retain any deposit or Off Market Fee paid; and (c) recover any losses, including re-preparation, storage, and resale losses.

7. Title and Risk
7.1 Risk passes to the CUSTOMER upon collection or delivery.

7.2 Legal ownership passes only once the DEALER has received full cleared funds.

8. Warranties and Liability
8.1 The DEALER warrants that the VEHICLE is roadworthy and free from material defects at point of sale.

8.2 Nothing in these Terms affects the CUSTOMER’s statutory rights under the Consumer Rights Act 2015.

8.3 The DEALER's total liability is limited to the purchase price of the VEHICLE. The DEALER is not liable for indirect, consequential, or business losses.

8.4 Nothing in these Terms excludes liability for death, personal injury caused by negligence, or any other liability which cannot legally be excluded.

9. Part Exchange Vehicles
9.1 Part exchange vehicles are accepted subject to final inspection at handover.

9.2 The CUSTOMER warrants that the vehicle:

is owned outright with no undisclosed finance;
is not stolen or written off unless disclosed;
has not been modified or clocked without disclosure;
reflects accurate mileage and usage;
is accompanied by all documents, keys, and accessories.
9.3 The CUSTOMER agrees to indemnify the DEALER against any loss arising from breach of these warranties.

9.4 The DEALER reserves the right to:

reject or revalue the part exchange;
withdraw allowances;
recover resulting losses if issues are discovered.
9.5 Until title passes, the CUSTOMER retains risk in the part exchange vehicle.

10. Data Protection
10.1 The DEALER processes all personal data lawfully and only for purposes necessary to complete the transaction.

10.2 The CUSTOMER may contact [email protected] to request data information or exercise rights under UK GDPR.

11. FCA and Finance Disclosure
11.1 Culloden Car Sales Ltd is authorised and regulated by the Financial Conduct Authority (FCA No. 672518).

11.2 The DEALER acts as a credit broker, not a lender, and may receive commission. This does not affect the cost of finance.

12. Governing Law and Jurisdiction
12.1 This contract is governed by the laws of Scotland.

12.2 The parties agree that any dispute shall be subject to the exclusive jurisdiction of the Scottish courts.

These Terms and Conditions supersede all previous versions and apply to every vehicle sale from the date listed above.