Privacy & Legal

Website Privacy and Legal Information

Humming Bird Motors has made every effort to ensure the accuracy of the information contained in this site.

Whilst every effort is made to produce up to date products and specifications, this site should not be regarded as an infallible guide to our vehicles products and services, nor does it constitute an offer for the sale of any particular vehicle.

Copyright

All rights, including copyright and database right, in the website and its contents, are owned by or licensed to Humming Bird Motors, or otherwise used by Humming Bird Motors as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from Humming Bird Motors or the copyright holder.

You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.

Humming Bird Motors reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. Humming Bird Motors reserves the right to monitor submissions to the site and to edit or reject any submissions.

Disclaimer

We try to ensure that information on our site is accurate, complete and up-to-date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use the site.

Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'AS IS' and on an 'IS AVAILABLE' basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.

In no event will Humming Bird Motors be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.

Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.

Trademarks

All names, images, logos identifying Humming Bird Motors are proprietary marks of Humming Bird Motors. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. Humming Bird Motors does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.

External links

Humming Bird Motors does not represent, warrant, endorse or hold esponsibility over any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of Humming Bird Motors and you visit entirely at your own risk.

Software disclaimer

The software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software - we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. Humming Bird Motors cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.

Cookies

This web site uses cookies in a number of ways which are as follows:

Aggregated Site Usage Statistics

Cookies may be placed on your computer, phone or other Internet device to provide us with aggregated data of the usage of this site and the mediums which are driving traffic to the site. The data gathered by these is aggregated and therefore your individual usage of this site cannot be attributed to you.

Essential Site Features

Cookies may be placed upon your computer, phone or other Internet device in order to provide essential site features such as allowing you to compare different cars in stock and complete enquiry forms quickly.

Complimentary Site Features

The site may also use Cookies for certain complimentary purposes such as showing you the car that you last looked at on the home page. All these functions are designed to improve your experience of using the site. If you don't want this site to place Cookies on your device you can disable these using your Internet Browser settings.

Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable.

Humming Bird Motors reserves the right to change any of its terms and conditions at any time by posting changes online.

If you do not accept these Terms in full, you must stop using this website immediately.


Terms of Business

1. These conditions are the sole conditions on which the Centre by whom this form is used, hereafter called ("the Company") contracts with the Customer (as named overleaf)

2. All estimates for work to be done are valid for 7 days from the date of dispatch of the estimate by the Company to the Customer. If the Customer deposits a vehicle with the Company for the purpose of the Company preparing an estimate then a storage charge based on the Company's current storage rates will be made to the Customer operating from the eighth day unless the estimate is accepted by the Customer within 7 days of its dispatch by the Company, or the vehicle is removed from the premises by the Customer within that time.

3. All prices quoted by the Company for the parts are based on the prices current at the time of preparing the estimate and the Company reserves the right to increase such prices to the Customer if the price to the Company is increased between preparing the estimate and obtaining the parts in order to carry out the work. The Company reserves the right to sub-contract all or any of the work.

4. Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour but no guarantee can be given of a perfect colour match.

5. If for any reason the work requested by the Customer is not carried out in full the Company will charge a reasonable sum for the work actually carried out.

6. The Company reserves the right to increase the contract price should additional repairs be found to be necessary on dismantling the vehicle, and the Customer shall on giving notice to the Company have the right to remove the vehicle on payment of all charges levied by the Company for work carried out and storage prior to the requirements for additional repairs being communicated to the Customer provided always that this paragraph shall not apply where the Customer shall have instructed the Company to undertake the repairs without reference to all or part of the contract price or either price.

7. Any variation agreed between the Company and the Customer in the work to be carried out shall be deemed to be amendment to this contract and shall not constitute a new contract.

8. The Company will use its best efforts to carry out the work in the time notified to the Customer but time shall not be of the essence and no liability is accepted by the Company for any delays.

9. Work shall be deemed to be completed when the Customer is advised by the Company that such work is complete. The Customer will pay the Company for all work done and materials supplied as well as any storage charges before the vehicle may be removed from the premises. If the Customer fails to pay the amount due and fails to collect the vehicle within 7 days of being advised that repairs are complete, the Company will charge for storage at its current rates. The Company may sell the vehicle if the Customer shall fail to pay and collect it within 3 months of being notified that the work has been completed, and the Company's intention to proceed to sell it. Upon such a sale the Company shall pay the balance of the proceeds of the sale to the Customer after deducting all its unpaid charges and disposal costs.

10. The Company is only responsible for loss or damage to a vehicle or its accessories or contents caused by the Company’s negligence. The Company advises the Customer to remove from the vehicle all items of value not related to the vehicle. No responsibility will be accepted under any circumstances for any loss or damage to vehicles howsoever caused that remain uncollected for more than 48 hours after notification to the Customer that the vehicle is ready for collection.

11. The goods used in the repair shall remain the property of the Company until the contract price has been discharged in full. A cheque accepted by the Company in payment shall not be treated as a discharge until the same has been cleared.

12. The Company retain a lien over the vehicle until the cost of tow, repairs and storage have been discharged in full and any cheque presented in payment has been cleared.

13. All parts replaced during the service or repair, except those that have to be returned to manufacturers or suppliers under warranty or service exchange arrangements will be retained by the Company for the Customer until the time when the vehicle is collected by the Customer. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle then they will become the property of the Company to dispose of as it deems fit. The Company shall obtain the Customers express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtainable within a reasonable time.

14. No parts will be accepted for credit unless returned within 14 working days of collection, they must be in unused condition with the original packaging still intact, and be to a minimum value of £50 excluding VAT. All new parts returned for credit are subject to a 25% handling charge. The Company do not have to accept any parts for credit, it is at their discretion Goods specially ordered cannot be returned for credit. Exchange items must be returned clean within 7 days. In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning and the manufacturer's credit note is received, the surcharge will be cancelled.

15. All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of post to the invoice address shown overleaf.

164. The Company shall not be liable to the Customer for any loss or damage occasioned by release of the vehicle to any person who settles the account outstanding for tow and or repair and or storage provided always that such persons shall have held themselves out as duly authorised by the Customer to have possession of the vehicle.

17. The Company warrants that all genuine parts fitted to the vehicle will be free of defects in accordance with the manufacturers warranty period. In respect of any other parts fitted the Company assigns to the Customer the benefit of the applicable manufacturer's warranty. The Company warrants its work free of defects for a period of 3 months or 3,000 miles whichever occurs sooner, from the date of completion of the work. 17.1 Liability under this Clause is wholly excluded if the vehicle has been:
(a) Used for competitions, racing or record attempts or otherwise than for private or commercial use of the owner or other users with his permission.
(b) Abused in any way or damaged by wear and tear, neglect, rust, improper use or failure to maintain in accordance with the manufacturer's recommendations.
(c) Damaged in any subsequent accident.
Nothing contained herein shall affect the Customer's statutory rights.

1. Except as set out expressly in these Conditions:
(a) We do not accept or agree to any other conditions, warranties or other terms, whether express or implied, and whether express or implied, and whether as to conformity with description or sample, quality or fitness for purpose or otherwise.
(b) We do not accept liability for the negligence of ourselves, our servants or agents (except for death or personal injury).
2. Under no circumstances whatsoever shall we be under any liability for loss of profit, business or production or any similar loss or damage, whether direct or consequential, howsoever. 3. Clauses 1, 2, 3 (a) and (b) of part A and clauses 1 (a) and (b) and 2 of part C of these conditions shall not apply to a consumer sale. A consumer sale is one where a person acquires goods either for cash or on credit or on finance other than in the course of a business but does not include a person who holds himself out as acquiring them in the course of a business. The information which you give us about yourself. the details of this Agreement and the history of business conducted between us will be retained by us in our records. This will help us to make future credit and other commercial decisions about you. It will also enable us to tell you about any products and services which we think may be of interest to you. You may elect not to receive such information.
We may also disclose some or all of the above information to any of our subsidiary or associate companies for any purpose connected with our business

DATA PROTECTION ACT

The information which you give us about yourself. the details of this Agreement and the history of business conducted between us will be retained by us in our records. This will help us to make future credit and other commercial decisions about you. It will also enable us to tell you about any products and services which we think may be of interest to you. You may elect not to receive such information. We may also disclose some or all of the above information to any of our subsidiary or associate companies for any purpose connected with our business


TERMS AND CONDITIONS

Consumer Transactions

If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and misdescribed goods provided. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.

1. This order and any allowance in respect of a used motor vehicle offered in part exchange by you is subject to acceptance by us.

2. The motor vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you, at the date of delivery and if any fault occurs you have the right to rely on your statutory rights under the Sale of Goods Act 1979 or otherwise, please contact your local Trading Standards Department or Citizens Advice Bureau.

3. Any accessories fitted or supplied by us (Dealer fitted) will be entitled to the benefit of any warranty given by the Manufacturer of those accessories.

4. a) We will try to ensure delivery of the goods ("goods" in these Terms & Conditions is defined as our sales to you) by the estimated delivery date (if any) but cannot guarantee the delivery date. Except where delay is caused by circumstances beyond our control you will be entitled to cancel the contract and receive payment of your deposit if delivery has not taken place within 28 days of the estimated delivery date unless you have agreed otherwise, orally or in writing to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay and in these circumstances we will contact you and agree an alternative date for delivery or you may cancel the contract, in which case any deposit paid by you shall be returned in full.

b) If the Manufacturer of the goods described in the contract stops making goods of that type, we may (whether the estimated delivery date as arrived or not) give you written notice to cancel the contract. Any deposit you have paid to us will be returned to you.

5. If you fail to take and pay for the goods within 21 days of notification that the goods are available for delivery, we may treat the contract as cancelled and keep any deposit paid by you.

6. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. The proceeds of any goods re-sold by you prior to the cheque having been cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.

7. If the goods to be supplied by us are new, the following provisions shall have effect:

a) We undertake to ensure that the pre-delivery work (factory fitted) specified by the Manufacturer or Importer is carried out and that we will use our best endeavours to obtain for you from the Manufacturer or Importer the benefit of any warranty or guarantee given by them to us. These warranties or guarantees are in addition to and not in replacement of any warranties or guarantees given to you by us.

b) No allowance can be made for any part of the standard equipment supplied with the motor vehicle which you do not wish to take.

c) If, after the date of this order and before delivery of the goods to you, the Manufacturer's or Importer's recommended price for any of the goods is changed, we shall give notice of any change to you and:

(i) If the Manufacturer's or Importer's recommended price for the goods is increased you will be notified of the amount of the increase we intend to pass on to you. You have the right to cancel the contract within 14 days of receipt of this notification. If you do not cancel the contract the increase in price shall be added to and become part of the contract price;

(ii) If the recommended price is reduced you will be notified of the amount of the reduction we intend to pass to you. If the amount passed on to you is not the same as the reduction of the recommended price you have the right to cancel the contract within 14 days of the receipt of this notification. If you do not cancel the contract the reduced price will be the contract price.

d) If you cancel the contract because of a price change notified by us to you, any deposit which you have paid to us will be returned to you.

8.When we accept a used motor vehicle as part payment you agree that

a) (i) you are the legal owner and

(ii) no outstanding credit is owed on it. If there is an outstanding credit the amount of money we give you will be reduced by the equivalent of the amount of the outstanding credit.

b) Our acceptance of your offer in relation to the part payment is only valid if your used motor vehicle is delivered in the same condition as we examined it.

c) You must deliver your used motor vehicle to us on or before the day you collect your goods from us. From the day you deliver it to us we are the legal owners.

d) We will write to you and tell you that your goods are ready for collection. You must deliver your used motor vehicle to us within 14 days.

e) The rights of cancellation set out in this clause are in addition to your rights of cancellation as contained in clause 4a). If delivery of the goods is delayed through no fault of ours we may deduct an amount for extra depreciation of your used motor vehicle ("the Extra Depreciation"). The Extra Depreciation will not exceed 2.5% of the agreed value of your used motor vehicle for each complete 30 day period. The time begins 30 days after the estimated delivery date and ends on delivery of your used motor vehicle (if any). You will then have the right to cancel the contract within 14 days of receipt of this notification. If you cancel the contract, any deposit you have paid to us will be returned to you. If you do not cancel the contract, the value of your used motor vehicle will be reduced by the amount of Extra Depreciation and there will be a corresponding increase in the amount which you will be required to pay, at your option, in cash or through finance (subject to the approval of the finance company).

If conditions 8a) to d) are not met, we will not accept your used motor vehicle and you will pay the full price for your goods.

9. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given overleaf.

10. If you arrange for a finance company to purchase the goods from us, and if you have offered and we have accepted your used motor vehicle as part-payment, we shall tell the finance company how much money has been agreed by us to be deducted from the price of the purchased goods for the used vehicle and what deposit you have paid to us.

11. Should either you or we not strictly enforce any obligation under this agreement at anytime, this will not prevent that obligation being enforceable at a later date.

Want Us to Call You Back?

Enter your details & we'll get back to you within 1 working day

Shortlist (0)