Premier Sports Solutions Terms and Conditions

Part A of these Conditions applies to Purchasing Customers who purchase a Motor Vehicle from Premier Sports Solutions. The Purchasing Customer’s attention is drawn in particular to clause 11.

Part B of these Conditions applies to a Seller who sells a Motor Vehicle to Premier Sports Solutions. The Seller’s attention is drawn in particular to clause 13 and clause 18.

Clause 1 and Part C of these Conditions apply to both Purchasing Customers and to Sellers.

1. DEFINITIONS & INTERPRETATION

1.1. Definitions:

Business Day

a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Business Hours

the period from 9.00 am to 5.00 pm on any Business Day.

Conditions

the terms and conditions set out in this document as amended from time to time in accordance with clause 22.3.

Contract

the contract between Premier Sports Solutions and either (i) the Purchasing Customer for the purchase of a Motor Vehicle, or (ii) the Seller for the sale of a Motor vehicle, in accordance with these Conditions.

Data Protection Legislation

means all applicable data protection and privacy legislation in force from time to time in the UK including: the UK GDPR (having the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018), the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a Party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

Delivery Location

has the meaning given in clause 5.1.

Event Outside Premier Sports Solutions’ Control

means any circumstance not within Premier Sports Solutions’ reasonable control as detailed in clause 20.

Finance Company

means an independent finance provider as may be recommended by Premier Sports Solutions and accepted by the Purchasing Customer.

Losses

all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and reasonable professional costs and expenses).

Motor Vehicle

the motor vehicle to be purchased by the Purchasing Customer or sold by the Seller (as applicable).

Order

the Purchasing Customer’s order for the purchase of the Motor Vehicle from Premier Sports Solutions, or Premier Sports Solutions’ order to purchase a Motor Vehicle from the Seller (as the context dictates).

Order Form

the order form setting out the particulars of the Purchasing Customer’s Order for the purchase of the Motor Vehicle from Premier Sports Solutions, or Premier Sports Solutions’ Order to purchase a Motor Vehicle from the Seller (as the context dictates).

Premier Sports Solutions

Premier Sports Solutions Limited a private limited company registered in England and Wales with company number 05504926 and registered office address at Manufactory House, Bell Lane, Hertford, Hertfordshire, England, SG14 1BP.

Purchasing Customer

the person who purchases a Motor Vehicle from Premier Sports Solutions.

Seller

the person who wishes to sell a Motor Vehicle to or via Premier Sports Solutions.

1.2. Interpretation:

1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2. A reference to a party includes his personal representatives, successors and permitted assigns.

1.2.3. A reference to legislation or a legislative provision is a reference to it as amended or re-enacted and includes all subordinate legislation made under that legislation or legislative provision.

1.2.4. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

1.2.5. A reference to writing or written excludes fax but not email.

Part A
Conditions for the Purchase of a Motor Vehicle

2. BASIS OF CONTRACT FOR THE PURCHASE OF A MOTOR VEHICLE BY THE PURCHASING CUSTOMER FROM PREMIER SPORTS SOLUTIONS

2.1. These Conditions apply to the Contract to the exclusion of any other terms that the Purchasing Customer seeks to impose or incorporate, or which are implied by law (notwithstanding any terms which cannot be excluded at law), trade custom, practice or course of dealing.

2.2. By signing or otherwise confirming or communicating his agreement to the Order Form the Purchasing Customer shall be deemed to have offered to purchase the Motor Vehicle in accordance with these Conditions and the provisions of the Order Form.

2.3. The Order Form shall only be deemed to be accepted when Premier Sports Solutions signs or issues a written acceptance of the Order Form (which written acceptance could also be in the form of an email confirmation), at which point, and on which date, the Contract shall come into existence.

2.4. Any continued instruction of Premier Sports Solutions by the Purchasing Customer or the Purchasing Customer taking any act in accordance with these Conditions for the purchase of a Motor Vehicle, shall be deemed as the Purchasing Customer’s acceptance of these Conditions.

2.5. Any descriptive matter or advertising produced by or on behalf of Premier Sports Solutions and any descriptions or illustrations contained in Premier Sports Solutions’ catalogues or brochures (whether digital or otherwise) are produced for the sole purpose of giving an approximate idea of the Motor Vehicle referred to in them. They shall not form part of the Contract nor have any contractual force.

2.6. A quotation for a Motor Vehicle given by Premier Sports Solutions shall not constitute an offer which is capable of acceptance by the Purchasing Customer. Only an Order Form which has been signed by the parties or accepted in accordance with clause 2.3 shall be binding in contract on Premier Sports Solutions.

2.7. A quotation shall only be valid for a period of 20 Business Days from its date of issue.

3. FINANCE

3.1. If the Purchasing Customer wishes to purchase and pay for the Motor Vehicle using a finance agreement with a Finance Company, Premier Sports Solutions shall on the Purchasing Customer’s request facilitate an introduction to a Finance Company and the Purchasing Customer must enter into an agreement with the Finance Company as required.

3.2. Where Premier Sports Solutions facilitates the Purchasing Customer entering into an agreement with the Finance Company, Premier Sports Solutions may receive a commission payment from the Finance Company. Further details of this commission shall be disclosed to the Purchasing Customer.

3.3. Premier Sports Solutions has the right to sell the Motor Vehicle to the Finance Company. These Conditions shall apply to the purchase with the Finance Company and the references to “delivery” or “delivered” in relation to the Motor Vehicle shall be construed as meaning delivery or delivered by Premier Sports Solutions to or to the order of such Finance Company and Premier Sports Solutions shall be accountable to the Finance Company on behalf of the Purchasing Customer for any deposit paid by the Purchasing Customer in respect of the Order.

3.4. The Purchasing Customer may have a right to withdraw from a finance agreement. The Purchasing Customer should refer to the terms of Finance Company for more information on the right to withdraw.

4. MOTOR VEHICLE

4.1. The Purchasing Customer acknowledges and accepts that all Motor Vehicles offered for sale by Premier Sports Solutions are, unless otherwise confirmed in writing, previously owned motor vehicles and are not manufactured by Premier Sports Solutions.

4.2. The Motor Vehicle shall conform to the details set out in the Order Form.

4.3. Premier Sports Solutions shall, to the extent permitted by the relevant manufacturer, pass on to the Purchasing Customer the benefit of any manufacturer’s warranty applicable to the Motor Vehicle (if any). Premier Sports Solutions shall provide the Purchasing Customer with reasonable assistance in making any claim under such warranty (if any), but Premier Sports Solutions gives no independent warranty in respect of the Motor Vehicle beyond those expressly set out in these Conditions. Premier Sports Solutions shall not be liable for any failure by the manufacturer to honour its warranty or for any terms or limitations imposed by the manufacturer on such warranty.

4.4. Where the Purchasing Customer is not a consumer all statements, conditions or warranties as to the quality of the Motor Vehicle or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded

5. DELIVERY OF THE MOTOR VEHICLE

5.1. For delivery of the Motor Vehicle, Premier Sports Solutions shall deliver the Motor Vehicle to either:

5.1.1. the Purchasing Customer’s address as set out in the Order Form; or

5.1.2. such location as the parties may agree in writing at any time after Premier Sports Solutions notifies the Purchasing Customer that the Motor Vehicle is ready for collection; or

5.1.3. the Purchasing Customer may collect the Motor Vehicle from Premier Sports Solutions’ premises or such other location as may be advised by Premier Sports Solutions in writing prior to delivery, within three Business Days of Premier Sports Solutions notifying the Purchasing Customer that the Motor Vehicle is ready for collection,

(each a Delivery Location).

5.2. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. In the event of a delay in a delivery date, Premier Sports Solutions shall inform the Purchasing Customer as soon as reasonably possible and will take reasonable steps to minimise the delay.

5.3. Premier Sports Solutions shall not be liable for any delay in delivery of the Motor Vehicle that is caused by an Event Outside Premier Sports Solutions’ Control or the Purchasing Customer’s failure to provide Premier Sports Solutions with adequate delivery instructions or any other instructions that are relevant to the supply of the Motor Vehicle.

5.4. If Premier Sports Solutions fails to deliver the Motor Vehicle, its liability shall be limited to the costs and expenses incurred by the Purchasing Customer in obtaining a replacement motor vehicle of similar description and quality in the cheapest market available, less the price of the Motor Vehicle or, at its sole discretion Premier Sports Solutions may refund any sums paid to date by the Purchasing Customer and have no further liability to the Purchasing Customer.

5.5. If the Purchasing Customer fails to take delivery of or collect the Motor Vehicle within three Business Days of Premier Sports Solutions notifying the Purchasing Customer in writing that the Motor Vehicle is ready for collection, then, except where such failure is caused by an Event Outside Premier Sports Solutions’ Control or Premier Sports Solutions’ failure to comply with its obligations under the Contract in respect of the Motor Vehicle:

5.5.1. delivery or collection of the Motor Vehicle shall be deemed to have been completed at 9.00 am on the fourth Business Day after the day on which Premier Sports Solutions notified the Purchasing Customer that the Motor Vehicle were ready; and

5.5.2. Premier Sports Solutions shall, subject to clause 5.6, store the Motor Vehicle until actual delivery or collection takes place, and shall, without limiting its rights, be entitled to charge the Purchasing Customer for all costs and expenses (including insurance) which relate to such storage.

5.6. If twenty calendar days after the date on which Premier Sports Solutions notified the Purchasing Customer that the Motor Vehicle was ready for delivery or collection the Purchasing Customer has not taken actual delivery of or collected it, Premier Sports Solutions may, subject to any written agreement with the Purchasing Customer to the contrary, resell or otherwise dispose of the Motor Vehicle and, without limiting its rights and after deducting reasonable costs and expenses related to storage (including insurance) and selling, account to the Purchasing Customer for any excess over the price of the Motor Vehicle or charge the Purchasing Customer for any shortfall below the price of the Motor Vehicle using the same means as the initial payment method.

6. CANCELLATION FOR CONSUMER PURCHASING CUSTOMERS ONLY

6.1. If the Purchasing Customer has undertaken any of the following at Premier Sports Solutions’ premises:

6.1.1. inspected the Motor Vehicle;

6.1.2. negotiated the Contract price;

6.1.3. received any Contract documentation;

6.1.4. accepted an offer;

6.1.5. paid a deposit for the Motor Vehicle; or

6.1.6. signed the Contract,

then clauses 6.2 to 6.9 (inclusive) shall not apply because the Motor Vehicle is deemed to be purchased ‘on-premises’ within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

6.2. Where the Motor Vehicle is purchased ‘at a distance’ or ‘off-premises’ within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and only where the Purchasing Customer is a consumer, the Purchasing Customer has the right to cancel the Contract without giving any reason at any time within 14 calendar days, beginning on the day after the Purchasing Customer acquires physical possession of the Motor Vehicle.

6.3. Where the Purchasing Customer exercises his right to cancel the Contract pursuant to clause 6.2, the Purchasing Customer shall receive a full refund for the price paid for the Motor Vehicle, including the cost of standard delivery (if applicable), subject to clauses 6.4 to 6.9 below.

6.4. To exercise his right under clause 6.2 the Purchasing Customer must inform Premier Sports Solutions in writing and the Purchasing Customer must return the Motor Vehicle to Premier Sports Solutions immediately.

6.5. Until the Motor Vehicle is accepted by Premier Sports Solutions following return, the Purchasing Customer will remain liable for its condition and associated requirements including road fund licence and insurance, and for any fines, charges or penalties relating to the Motor Vehicle and shall reimburse Premier Sports Solutions for any Losses it may suffer and which arise from the Purchasing Customer’s breach of his duties under this clause 6.5.

6.6. Premier Sports Solutions may withhold any refund which is otherwise due to the Purchasing Customer until it receives the Motor Vehicle or the Purchasing Customer has supplied evidence acceptable to Premier Sports Solutions of having returned the Motor Vehicle so that it is under the control of Premier Sports Solutions, whichever occurs earliest. Alternatively, the Purchasing Customer may make the Motor Vehicle available for collection and pay Premier Sports Solutions’ reasonable costs of collection (at the Purchasing Customer’s risk until collection).

6.7. Premier Sports Solutions shall make any refund (using the same means as the initial transaction, unless expressly agreed otherwise between the parties) without undue delay and not later than 14 calendar days after Premier Sports Solutions has received the Motor Vehicle.

6.8. The Purchasing Customer has a legal obligation to take reasonable care of the Motor Vehicle while it is in the Purchasing Customer’s possession. The Purchasing Customer is liable for any diminished value of the Motor Vehicle resulting from the Purchasing Customer’s handling of the Motor Vehicle. The Purchasing Customer shall be liable for all Losses suffered by Premier Sports Solutions and which may arise from having to repair any damage caused to the Motor Vehicle prior to its return.

6.9. Premier Sports Solutions may recover any amounts owed under clause 6.5 and/or clause 6.8 by deducting from the Purchasing Customer’s refund, or by separate invoice to the Purchasing Customer to be paid by the Purchasing Customer within 14 calendar days.

7. GENERAL CANCELLATION RIGHTS

7.1. Other than the right to cancel in accordance with clause 6.2 (if applicable), if the Purchasing Customer cancels the Order, or if Premier Sports Solutions is entitled to treat the Order as cancelled in accordance with clause 5.6, Premier Sports Solutions may sell the Motor Vehicle to another Purchasing Customer for the best price reasonably obtainable.

7.2. The Purchasing Customer will be liable for any loss, cost and expense incurred by Premier Sports Solutions in these circumstances (to include any shortfall between the best price reasonable obtainable for the Motor Vehicle and the Price of the Motor Vehicle as specified in the Order Form).

7.3. Premier Sports Solutions shall be entitled to recover any amounts owed by the Purchasing Customer under this clause 7 deducting the amount owed from any deposit or any other sums paid by the Purchasing Customer before it is returned to the Purchasing Customer or by separate invoice to the Purchasing Customer to be paid within 14 calendar days.

8. QUALITY

8.1. Upon delivery or collection of the Motor Vehicle, the Purchasing Customer must promptly examine it.

8.2. If the Motor Vehicle ordered:

8.2.1. has been damaged during delivery (unless the Purchasing Customer is responsible for delivery or has collected the Motor Vehicle); or

8.2.2. is defective or does not match the quality set out in the Order Form at the point of delivery, noting that all Motor Vehicles are previously owned and not new, then:

(a) the Purchasing Customer must notify Premier Sports Solutions in writing within 2 Business Days from the date of delivery or collection of the Motor Vehicle;

(b) the Purchasing Customer must return the Motor Vehicle at its cost, risk and appropriately insured so Premier Sports Solutions may inspect it;

(c) Premier Sports Solutions shall have no liability for any damage caused to the Motor Vehicle by the Purchasing Customer while the Motor Vehicle has been within the Purchasing Customer’s possession or control;

(d) the Purchasing Customer must return the Motor Vehicle to Premier Sports Solutions without any attempt having been made by the Purchasing Customer or any other person to repair or alter the Motor Vehicle (save unless Premier Sports Solutions has given the Purchasing Customer its prior agreement in writing to those repairs); and

(e) where the Motor Vehicle is found to be defective against the standard and criteria set out in the Order Form, then provided the Purchasing Customer has complied with this clause 8, Premier Sports Solutions shall, subject to these Conditions, refund the Purchasing Customer all reasonable costs incurred in returning the Motor Vehicle and will either rectify or repair the Motor Vehicle free of charge or assist the Purchasing Customer to find a replacement Motor Vehicle (for which an alternative price may apply).

8.3. These Conditions shall apply to any Motor Vehicle repaired or replaced by Premier Sports Solutions.

8.4. The Purchasing Customer will be deemed to have accepted the Motor Vehicle if the Purchasing Customer fails to notify Premier Sports Solutions within the time limits set out in clause 8.1, however consumer Purchasing Customers may still exercise their right to cancel a Contract under clause 6.

9. TITLE AND RISK

9.1. The risk in the Motor Vehicle shall pass to the Purchasing Customer on completion of delivery or on collection by the Purchasing Customer under clause 5.1 (as applicable).

9.2. Title to the Motor Vehicle shall not pass to the Purchasing Customer until Premier Sports Solutions receives payment in full (in cleared funds) for the Motor Vehicle.

9.3. Until title to the Motor Vehicle has passed to the Purchasing Customer, the Purchasing Customer shall:

9.3.1. maintain the Motor Vehicle in satisfactory condition and keep it insured against all risks for their full price from the date of delivery;

9.3.2. notify Premier Sports Solutions immediately if it becomes subject to any of the events listed in clause 19.1.2 to clause 19.1.3; and

9.3.3. give Premier Sports Solutions such information as Premier Sports Solutions may reasonably request from time to time relating to the Motor Vehicle.

9.4. At any time before title to the Motor Vehicle passes to the Purchasing Customer, Premier Sports Solutions may require the Purchasing Customer to deliver up the Motor Vehicle and if the Purchasing Customer fails to do so promptly, Premier Sports Solutions may enter any premises of the Purchasing Customer or of any third party where the Motor Vehicle are stored, to recover it. The Purchasing Customer shall procure entry to any such third party’s premises if requested to do so by Premier Sports Solutions.

10. PRICE AND PAYMENT

10.1. The price of the Motor Vehicle shall be the price set out in the Order Form, or, if no price is quoted in the Order Form, the price set out in Premier Sports Solutions’ published price list in force as at the date of delivery.

10.2. Premier Sports Solutions may, by giving notice in writing to the Purchasing Customer at any time before delivery, increase the price of the Motor Vehicle to reflect any increase in the cost of the Motor Vehicle that is due to:

10.2.1. any request by the Purchasing Customer to change the delivery date; or

10.2.2. any delay caused by any instructions of the Purchasing Customer or failure of the Purchasing Customer to give or delay by the Purchasing Customer in giving Premier Sports Solutions adequate or accurate information or instructions.

10.3. The price of the Motor Vehicle includes amounts in respect of value added tax (VAT) but excludes the costs and charges of insurance and transport of the Motor Vehicle, which shall be invoiced to the Purchasing Customer.

10.4. Subject to clause 10.7, the Purchasing Customer shall pay each invoice submitted by Premier Sports Solutions:

10.4.1. on presentation of the invoice or in accordance with any credit terms agreed in writing by Premier Sports Solutions (“Due Date for Payment”); and

10.4.2. in full and in cleared funds to a bank account nominated in writing by Premier Sports Solutions, and

the time for payment shall be of the essence of the Contract.

10.5. Subject to clause 10.7, if the Purchasing Customer fails to make a payment by the Due Date for Payment, then without limiting Premier Sports Solutions’ remedies under clause 19, the Purchasing Customer shall pay interest on the overdue sum from the Due Date for Payment until payment of the overdue sum, whether before or after judgment. Interest under this clause 10.5 will accrue each day at 4% a year above the Bank of England’s recommended base rate from time to time, but at 4% a year for any period when that recommended base rate is below 0%.

10.6. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10.7. Where the purchase is subject to an agreement with the Finance Company, the Purchasing Customer shall pay sums due for the Motor Vehicle in accordance with the terms of their finance agreement with the Finance Company.

11. LIMITATION OF LIABILITY

11.1. References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence) or otherwise.

11.2. Nothing in the Contract limits any liability for:

11.2.1. death or personal injury caused by negligence;

11.2.2. fraud or fraudulent misrepresentation;

11.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;

11.2.4. defective products under the Consumer Protection Act 1987;

11.2.5. any liability that cannot legally be limited; or

11.2.6. the Purchasing Customer’s payment obligations under the Contract.

11.3. Subject to clause 11.2, Premier Sports Solutions’ total liability to the Purchasing Customer shall not exceed the Contract price of the Motor Vehicle.

11.4. Subject to clause 11.2, the following types of loss are wholly excluded under the Contract:

11.4.1. loss of profits (including loss of anticipated savings);

11.4.2. loss of sales or business;

11.4.3. loss of agreements or contracts;

11.4.4. loss of use or corruption of software, data or information;

11.4.5. loss of or damage to goodwill; and

11.4.6. indirect or consequential loss.

11.5. This clause 11 shall survive termination of the Contract.

Part B
Conditions for the Sale of Motor Vehicle

12. BASIS OF CONTRACT FOR THE SALE OF MOTOR VEHICLE BY THE SELLER TO PREMIER SPORTS SOLUTIONS

12.1. These Conditions apply to the Contract to the exclusion of any other terms that the Seller seeks to impose or incorporate, or which are implied by law (notwithstanding any terms which cannot be excluded at law), trade custom, practice or course of dealing.

12.2. The Order constitutes an offer by Premier Sports Solutions to purchase the Motor Vehicle from the Seller in accordance with these Conditions.

12.3. The Order shall be deemed to be accepted on the earlier of:

12.3.1. the Seller issuing a written acceptance of the Order; and

12.3.2. the Seller verbally agreeing with Premier Sports Solutions to accept the Order and which verbal agreement is then confirmed by Premier Sports Solutions in writing within 24 hours of such verbal acceptance;

at which point and on which date the Contract shall come into existence.

12.4. For the avoidance of doubt, if written confirmation is not issued by Premier Sports Solutions as required under clause 12.3.2, then no Contract shall have come into existence.

12.5. The Seller must promptly provide Premier Sports Solutions with accurate and complete information regarding the Motor Vehicle, its history and full documentation and accessories for the Motor Vehicle. Documentation and accessories shall include but not be limited to the V5C registration document, service history and invoices, MOT certificates, all keys, security codes, and accessories and any manufacturer warranty documents (if applicable). The Seller confirms all documents are genuine and not altered and agrees to hold Premier Sports Solutions indemnified against all Losses it may suffer in consequence of a breach by the Seller of this clause 12.5

13. SELLER’S WARRANTIES FOR THE MOTOR VEHICLE

13.1. The Seller warrants, represents and undertakes that:

13.1.1. the Seller has full right and authority to sell the Motor Vehicle. The Seller confirms that the Motor Vehicle is either owned outright by him or, if subject to any finance, charge, or other encumbrance, the Seller will ensure that all such finance or encumbrances are fully settled so that, from purchase, Premier Sports Solutions obtains full legal and beneficial ownership of the Motor Vehicle free from any third‑party interests;

13.1.2. the Motor Vehicle is free from all finance, hire‑purchase, logbook loans, charges, securities, or third‑party interests or, where the Motor Vehicle is subject to such, the Seller shall ensure all its obligations under the relevant finance agreement are fulfilled and shall comply with clause 15.2 below;

13.1.3. all information provided by the Seller regarding the Motor Vehicle’s mileage, condition, service history, specification, and previous use is complete and accurate in all respects;

13.1.4. the Seller has disclosed all known mechanical faults, electrical faults, accident damage, insurance write‑off history, water or flood damage, and any other material defects in the Motor Vehicle;

13.1.5. to the best of his knowledge, the Motor Vehicle is safe to drive and has no defects that would make the Motor Vehicle unroadworthy; and

13.1.6. there are no outstanding parking fines, toll charges, congestion charges, or other penalties relating to the Motor Vehicle.

13.2. The warranties, representations and undertakings set out in clause 13.1 survive completion of the sale of the Motor Vehicle to Premier Sports Solutions.

14. INSPECTION OF THE VEHICLE

14.1. Premier Sports Solutions may inspect or test‑drive the Motor Vehicle, but any inspection does not reduce or limit the Seller’s warranties, representations and undertakings under clause 13.

14.2. The Seller acknowledges that Premier Sports Solutions relies on the Seller’s representations when valuing, purchasing and/or reselling the Motor Vehicle to other Purchasing Customers.

14.3. If any statement, representation or warranty regarding the Motor Vehicle is found by Premier Sports Solutions to be false or misleading, Premier Sports Solutions may rescind the Contract, return the Motor Vehicle to the Seller, be forthwith entitled to a full refund of any monies paid to the Seller and be entitled to claim for any Losses under clause 18.

15. PRICE AND ONWARD SALE OF THE MOTOR VEHICLE

15.1. Premier Sports Solutions may:

15.1.1. offer the Seller a price for the Motor Vehicle and purchase the Motor Vehicle outright where the Seller agrees, via an Order, or

15.1.2. take temporary possession from the Seller of the Motor Vehicle to display it in a Premier Sports Solutions’ showroom and offer it for sale to Purchasing Customers at a proposed sale price agreed with the Seller (“Sale Price”) plus a profit margin for Premier Sports Solutions agreed with the Seller (together the “Onward Sale Price”). Premier Sports Solutions and the Seller may adjust the proposed Sale Price to find a Purchasing Customer willing to purchase the Motor Vehicle but shall not sell the Motor Vehicle until the revised Sale Price is agreed with the Seller. If the Seller does not agree the revised Sale Price, the Seller shall on notice by Premier Sports Solutions immediately retake possession of the Motor Vehicle and Premier Sports Solutions shall cease seeking a Purchasing Customer to purchase it and shall have no further liability to the Seller. Where the Seller agrees a revised Sale Price, Premier Sports Solutions shall facilitate the sale of the Motor Vehicle to its Purchasing Customer and the Seller shall receive the Sale Price (revised and agreed where applicable) and Premier Sports Solutions shall be entitled to retain the difference between the Onward Sale Price and the Sale Price as profit margin.

15.2. Where the Seller sells a Motor Vehicle to Premier Sports Solutions which is subject to an agreement with a finance company, the Seller has full responsibility to settle any payment and/or other obligations it has under such agreement with its finance company.

16. TITLE AND RISK IN THE MOTOR VEHICLE

16.1. The risk in the Motor Vehicle shall pass to Premier Sports Solutions when Premier Sports Solutions takes possession of the Motor Vehicle (including for the period under which it has temporary possession under clause 15.1.2).

16.2. Title to the Motor Vehicle shall not pass to Premier Sports Solutions until the Seller receives payment in full (in cash or cleared funds) for the Motor Vehicle.

16.3. If, under clause 15.1.2, the Seller does not agree the Sale Price (as the same may be revised by agreement between the parties in accordance with clause 15.1.2), risk in the Motor Vehicle shall immediately transfer back to the Seller and the Seller shall immediately remove the Motor Vehicle from Premier Sports Solutions’ premises at its own cost and risk.

17. LIABILITY OF PREMIER SPORTS SOLUTIONS TO THE SELLER

17.1. Premier Sports Solutions purchases the Motor Vehicle for the purpose of resale to its Purchasing Customers and gives no warranties to the Seller regarding future use, value, or condition of the Motor Vehicle.

17.2. Premier Sports Solutions has no liability for any loss suffered by the Seller arising from the onward sale to a Purchasing Customer, except for fraud or deliberate misconduct by Premier Sports Solutions.

18. INDEMNITY

18.1. The Seller shall indemnify and keep each of Premier Sports Solutions and the Purchasing Customer who purchases the Motor Vehicle from Premier Sports Solutions indemnified against all Losses arising from or in connection with:

18.1.1. any breach of the Seller’s warranties or representations under these Conditions;

18.1.2. any undisclosed finance or third‑party interest relating to the Motor Vehicle;

18.1.3. any inaccurate or misleading information relating to the Motor Vehicle provided by, or on behalf of, the Seller; or

18.1.4. any penalties, fines, or charges incurred prior to the sale of the Motor Vehicle to Premier Sports Solutions.

Part C
General Conditions

19. TERMINATION

19.1. Without limiting its other rights or remedies, Premier Sports Solutions may terminate the Contract with immediate effect by giving written notice to the Purchasing Customer or the Seller (as applicable) if:

19.1.1. the Purchasing Customer or the Seller (as applicable) commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 calendar days of it being notified in writing to do so;

19.1.2. the Purchasing Customer or the Seller (as applicable) takes any step or action in connection with its entering bankruptcy; or

19.1.3. the Purchasing Customer’s or the Seller’s (as applicable) financial position deteriorates so far as to reasonably justify the opinion that his ability to give effect to the terms of the Contract is in jeopardy.

19.2. Without limiting its other rights or remedies, Premier Sports Solutions may suspend supply of the Motor Vehicle under the Contract or any other contract between the Purchasing Customer and Premier Sports Solutions if the Purchasing Customer becomes subject to any of the events listed in clause 19.1.2 to clause 19.1.3, or Premier Sports Solutions reasonably believes that the Purchasing Customer is about to become subject to any of them, or if the Purchasing Customer fails to pay any amount due under this Contract on the Due Date for Payment.

19.3. Without limiting its other rights or remedies, Premier Sports Solutions may terminate the Contract with immediate effect by giving written notice to the Purchasing Customer if the Purchasing Customer fails to pay any amount due under the Contract on the Due Date for Payment.

19.4. Without limiting its other rights or remedies, Premier Sports Solutions may terminate the Contract with immediate effect by giving written notice to the Seller if the Seller fails to comply with any of its obligation under Part B of these Conditions.

19.5. On termination of the Contract for any reason the Purchasing Customer shall immediately pay to Premier Sports Solutions all of Premier Sports Solutions’ unpaid invoices and interest and, in respect of a Motor Vehicle supplied but for which no invoice has been submitted, Premier Sports Solutions shall submit an invoice, which the Purchasing Customer shall pay immediately on receipt.

19.6. Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

19.7. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

20. EVENTS OUTSIDE PREMIER SPORTS SOLUTIONS’ CONTROL

20.1. Premier Sports Solutions shall not be liable for any delay or failure in the performance of its obligations or be in breach of the Contract for so long as and to the extent that such delay or failure results from an event outside Premier Sports Solutions’ control (“Event Outside Premier Sports Solutions’ Control”). The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 30 calendar days, the Purchasing Customer or the Seller (as applicable) may terminate the Contract by giving not less than 14 calendar days’ written notice to Premier Sports Solutions.

21. DATA PROTECTION

21.1. Each party shall fully comply with its obligations under the Data Protection Legislation.

22. GENERAL

22.1. Assignment and other dealings.

22.1.1. Premier Sports Solutions may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract, provided that it gives prior written notice of such dealing to the Purchasing Customer or the Seller (as applicable).

22.1.2. The Purchasing Customer or the Seller (as applicable) shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

22.2. Entire agreement.

22.2.1. The Contract constitutes the entire agreement between the parties.

22.2.2. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

22.2.3. Each party agrees that it has no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

22.3. Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

22.4. Waiver.

22.4.1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

22.4.2. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.

22.5. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part-provision of the Contract is deemed deleted under this clause 22.5, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

22.6. Notices.

22.6.1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

(b) sent by email to the email address notified by a party to the other from time to time.

22.6.2. Any notice shall be deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address;

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

(c) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

22.6.3. This clause 22.6 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

22.7. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. A Purchasing Customer shall have the benefit of and may enforce the provisions of clause 18.1.

22.8. Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

22.9. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.