Place deposit

1. PRELIMINARY

1.1 These Terms and Conditions are binding between TVR and the Customer and may only be varied by an agreement in writing signed by an authorised signatory of TVR and by the Customer.

1.2 By signing the Particulars attached to these Terms and Conditions or placing an order in accordance with the Particulars online or by telephone, the Customer confirms that the Customer has read, understands and accepts these Terms and Conditions.

1.3 Clause headings do not affect the interpretation of this agreement.

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

1.5 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment, and includes any subordinate legislation for the time being in force made under it.

1.6 A reference to Writing or written includes faxes and e-mails.

1.7 Words in the singular include the plural and in the plural include the singular.

1.8 Subject to the provisions of clause 2 below, if the Client is contracting as a consumer in circumstances where the Consumer Contracts Regulations apply, the Client may cancel this agreement at any time within fourteen (14) days (the “Cancellation Period”) from the date of receipt of this agreement. The Cancellation Period will expire after fourteen (14) days. The Client will lose the Client’s right to cancel this agreement if the Firm begins to provide the Services to the Client with the Client’s agreement before the end of the Cancellation Period.

2. DEPOSIT AND GRANT

2.1 The Deposit shall be paid by the Customer to TVR on the date of this agreement.

2.2 In consideration for the Deposit the Customer shall be entitled to purchase the Vehicle for the Purchase Price, net of the Deposit.

3. CONTRACT TO PURCHASE

3.1 TVR shall notify the Customer in writing not less than 90 days prior to the proposed Delivery Date of the availability of the Vehicle (“Availability Notice”). Such Availability Notice shall finally detail the Specification of the Vehicle including any bespoke items, the Purchase Price, and the estimated date on which the Vehicle will be available for delivery to the Customer (“Delivery Date”).

3.2 The Purchase Price shall be the list price of the Vehicle as at the Delivery Date.

3.3 Any Availability Notice shall be valid for 30 days only unless otherwise specified in writing. No oral quotation shall be binding on TVR.

3.4 Upon receipt of an Availability Notice, the Customer shall confirm in writing to TVR that the Customer wishes to purchase the Vehicle in accordance with the terms set out in the Availability Notice (“Purchase Order”).

3.5 No Purchase Order is deemed to be accepted nor any contract made with TVR until a written acceptance of such Purchase Order or a contract in writing has been made by TVR to or with the Customer and TVR’s right is reserved (without prejudice to any other remedy) to cancel an uncompleted order or to suspend delivery on the failure or default by the Customer in any of his obligations to TVR. Upon such cancellation or suspension by TVR or in the event of cancellation by the Customer, TVR shall, on demand, be indemnified by the Customer against any loss or damage resulting therefrom.

3.6 The Vehicle shall remain the property of TVR until the Purchase Price has been discharged in full. A cheque given by the Customer in payment shall not be treated as a discharge until the same has been cleared. The risk in the Vehicle shall pass to the Customer on the Delivery Date.

4. RELEASE DATE AND DELIVERY DATE

4.1 While the Release Date and Delivery Date are provided by TVR in good faith based upon information available to us at the relevant time, such dates are not guaranteed and TVR accepts no liability for delay in delivery howsoever caused.

4.2 TVR shall not be responsible or liable for any losses resulting if the fulfilment of any term if the contract for sale of the Vehicle is delayed or prevented by revolutions or other civil disorders, wars, acts of enemies, strikes, fires, floods, acts of God, delayed delivery to TVR of materials, parts and/or accessories pertaining to the goods to be supplied under the contract, shortage of labour, or by any other cause not within the reasonable control of TVR, and which, by the exercise of reasonable diligence, TVR is unable to prevent, whether of the class of causes enumerated or not. In the event of such a delay, the time of delivery shall be extended by the number of days of the delay which is caused by reasons beyond the reasonable control of TVR.

5. REASONABLE TOLERANCE AND NOTIFICATION OF SPECIFICATION

5.1 The Customer hereby acknowledges that at the date of this agreement, the full specification of the Vehicle is unconfirmed. TVR reserve the general right to alter the Specification at any time prior to the Release Date and the Customer shall not have any right to claim or other remedy as a result of any such variance. The Specification shall be notified to the Customer in accordance with clause 3.1 of these terms and conditions and any amendment or alteration to the Specification required by the Customer will only be accepted by TVR where made in writing in a Purchase Order and where receipt of such Purchase Order is acknowledged by TVR.

6. TRADE MARKS/INTELLECTUAL PROPERTY

6.1 The payment of the Deposit by the Customer shall not confer any right upon the Customer or any other person to use any of TVR’s trade marks (whether registered or not) or any other intellectual property of TVR without the prior written consent of TVR and at all times such trade marks and other intellectual property shall remain the property of TVR.

7. WARRANTIES AND LIABILITY

7.1 All warranties, conditions and other terms implied by any rule of law and which cannot be excluded or modified because the Customer is buying as a consumer (as defined in any applicable rule of law) apply to these terms and conditions, but otherwise are excluded to the fullest extent permitted by law.

8. TVR’S REMEDIES

8.1 In addition to the rights and remedies contained in these terms and conditions, TVR shall have all the rights and remedies afforded to a seller pursuant to any rule of law. All rights and remedies of TVR under these terms and conditions shall be cumulative and not in the alternative.

9. ASSIGNMENT

9.1 This agreement and the rights granted under these terms and conditions shall not be assigned by the Customer without the prior written consent of TVR. Any assignment or purported assignment by the Customer shall be wholly void and ineffective for all purposes unless made in conformity with this clause 9.1.

10. NOTICES

10.1 Any notice given hereunder must be in writing and delivered by hand or sent by first class post to the address of the relevant party set out in the Particulars or notified to the other party in writing from time to time and shall be deemed to have been received on delivery in the case of delivery by hand or 2 working days after posting in the case of delivery by post.

11. WAIVER AND VARIATION

11.1 Failure by either party to enforce at any time or for any period any one or more of the terms of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all or any of them.

11.2 No variation of the terms of this agreement shall be valid unless it is in writing and signed by both TVR and the Customer.

12. GOVERNING LAW AND JURISDICTION

12.1 This agreement and these terms and conditions shall be governed by and construed according to English Law and the Courts of England and Wales shall have exclusive jurisdiction. The invalidity or unenforceability of any clause or any other term of this agreement shall not affect the other provisions and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.