Terms and Conditions

To view our Terms & Conditions, please select a heading below, to expand and read the relevant information.

• Copyright

  All rights, including copyright and database right, in the website and its contents, are owned by or licensed to Holden Group, or otherwise used by Holden Group 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 Holden Group 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.

  Holden Group 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. Holden Group reserves the right to monitor submissions to the site and to edit or reject any submissions.

• Trademarks

  All names, images, logos identifying Holden Group are proprietary marks of Holden Group. 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. Holden Group 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.

• 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. Holden Group 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.

• 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.

  Holden Group 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.

• Reserving a Vehicle

  Any vehicle reserved, will remain reserved for 48hr period providing a Showroom or Home Test Drive is booked within that 48hr period. Without any form of test drive or appointment being arranged within the 48hr period, a full refund will be given and the car will return to un-reserved status. To reserve a vehicle for longer please contact our sales team. The reserved vehicle will show as reserved until the vehicle is sold or deposit is refunded. A member of our sales team will contact you within a 24hrs to arrange an appointment. Upon purchase of a reserved car, the £99 deposit will be deducted from the purchased price. This deposit is simply to reserve the car. A full inspection of the vehicle will be required to ensure it meets your needs. Your normal consumer rights apply. This payment does not constitute as an online purchase. Any deposit can be fully refunded, with no costs or admin fee. Payment must be made through PayPal. A PayPal account is not necessary to make a debit or credit card payment. Please see PayPal.com for more information.

• Sale Terms and conditions

  1. Save as expressly provided in these conditions and the written contract between the parties, and except in the case of Consumer Sales (as defined by the Sale of Goods Act 1979), or in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer and all warranties, conditions or other terms implied by statute or common law as to the quality of good’s or their fitness for purpose are hereby excluded to the fullest extent permitted by law. Where the goods are sold under a Consumer sale, the statutory rights of the Buyer are not affected by these conditions.

  2. Orders for, Goods and offers of part exchange allowances for any used motor vehicle, must be confirmed in writing by the Seller and accepted by the Purchaser, subject in either case to these Conditions, which shall govern the Contract. No variation to these conditions shall be binding unless agreed in writing by the Seller.

  3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods or part exchange allowances unless confirmed by the Seller in writing. In entering into the Contract the Purchaser acknowledges that he does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

  4. Subject as hereinafter provided, no written order signed by the Purchaser and which has been accepted by the Seller may be cancelled by the Purchaser except with the written consent of the Seller and subject to the Purchaser indemnifying the Seller in full against all loss (including loss of profit) costs (including the cost of any labour and materials), damages, charges and expenses incurred by the Seller.

  5. If within 14 days of receipt of written notification from the Seller to the buyer that the Goods are ready for delivery and the Purchaser fails to take or pay for the Goods, then, without prejudice to any other rights it may possess, the seller may cancel the Contract, appropriate any deposit paid for the Goods and charge the Purchaser interest on the amount unpaid at the rate of 4% above the base rate of Barclays Bank Plc from time to time until payment is made.

  6. Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the Goods or payment in full for the Goods, whichever is the sooner.

  7. Notwithstanding the provisions of clause 6 the legal and equitable title in the property of the Goods shall not pass to the Purchaser until the Seller has received full payment for the Goods together with delivery of the used vehicle (if any) offered by the Purchaser in part-exchange. A cheque given by the purchaser in payment shall not be treated as payment until the same has been cleared.

  8. Until such time as the property in the Goods passes to the Purchaser, the seller shall be entitled at any time to require the Purchaser to deliver up the Goods and if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess them.

  9. Any estimated date quoted for delivery of the goods is approximate only and the Seller shall not be liable for any loss suffered by the Purchaser arising from any delay in delivery of the Goods, howsoever caused, subject to the following:
     (a) If the Seller has failed to deliver the Goods within 21 days of the estimated date of delivery, the Purchaser may by written notice to the Seller make time of the essence, and
     (b) If the seller fails to deliver the Goods within 7 days of the receipt of the Purchaser’s written notice, the contract may be cancelled at the option of either party, whereupon the deposit (if any) paid by the Purchaser shall be refunded in full but without interest.

  10. In the event of the Seller accepting delivery from the Purchaser of a used motor vehicle as part allowance of the price of the Goods, such allowance is given and received, and such used vehicle is hereby agreed to be delivered and accepted upon the following conditions:

     (i) that such vehicle Is the absolute property of the Purchaser free from all encumbrances; or
     (ii) that such vehicle is the subject of a hire purchase or other encumbrance or encumbrances capable of discharge by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in discharge of the encumbrance or encumbrances.
     (iii) that such vehicle has not been registered outside the UK or has not been imported into the UK for registration other than by the manufacturer or it’s authorise concessionaire and if soothe seller shall be entitled to be discharged from its obligation to purchase the purchasers used motor vehicle
     (b) Fair wear and tear excepted, the Purchaser shall deliver the said used vehicle to the Seller in the same condition as at the seller’s examination of it or acceptance of it prior to confirmation and acceptance of this order, and

     (c) Such used vehicle shall be delivered to the Seller within 14 days of written notification to the Purchaser that the Goods are ready for delivery and upon delivery property and risk in the said used vehicle shall pass to the Seller.

     (d) If through no default on the part of the Seller the Goods shall not be delivered to the Purchaser within either 30 days from the date of order or the estimated delivery date whichever is the later date, the allowance granted by the Seller on the said used vehicle shall be reduced by an amount of 2.5% for each complete period of 30 days from the date mentioned above until the delivery of the Goods.

  11. Failure by the Purchaser to comply with the foregoing Conditions (other than 10(d) entitles the seller to be discharged from its obligation to accept the said used vehicle or make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the Goods to be supplied by the Seller.

  12. Notwithstanding the provisions of this Agreement the Purchaser may before the expiry of 7 days following receipt by him of notification that the Goods are ready for delivery, arrange for a finance company to purchase the Goods by such finance company, in which event the preceding clauses of this Agreement shall cease to have effect but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser pursuant and subject to the provisions of Clause 10 shall be bought by the seller at a price equal to such allowance and the Seller, if so requested by the purchaser, shall account to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this Agreement.

  13. If the Goods to be supplied by the Seller are new, the following provisions shall have effect:-

     (a) The seller undertakes that it will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that it will use its best endeavours to obtain from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by it to the Seller or Purchaser;
     (b) Notwithstanding the sum for Car Tax and Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the seller has legally to pay at the time the taxable supply occurs;
     (c) If after the date of this order and before the delivery of the Goods to the Purchaser the Manufacturer’s or Concessionaire’s recommended price for the Goods shall be altered, the Seller shall give written notice of such alteration to the Purchaser and:
     (i) If the alteration increases the price of the Goods and this increase will be passed to the Purchaser, the Purchaser shall have the right to cancel the contract within 14 days of the receipt by him of such notice, failing which such increase shall be added to the contract price for the Goods;
  (d) In the event of the Manufacturer of the Goods described in the order ceasing to make goods of that type or specification then (whether the estimated delivery date has passed or not) the Seller may at any time by notice in writing to the Purchaser cancel the Contract.

  14. If the Goods are to be supplied by the Seller as roadworthy used goods at the date of delivery and the sale of such goods is a Consumer Sale, the following provisions shall have effect:

  (a) The seller undertakes that it will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that it will use its best endeavours to obtain from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by it to the Seller or Purchaser;

  (b) Notwithstanding the sum for Car Tax and Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the seller has legally to pay at the time the taxable supply occurs;

  (c) If after the date of this order and before the delivery of the Goods to the Purchaser the Manufacturer’s or Concessionaire’s recommended price for the Goods shall be altered, the Seller shall give written notice of such alteration to the Purchaser and:

  (i) If the alteration increases the price of the Goods and this increase will be passed to the Purchaser, the Purchaser shall have the right to cancel the contract within 14 days of the receipt by him of such notice, failing which such increase shall be added to the contract price for the Goods;

  (d) In the event of the Manufacturer of the Goods described in the order ceasing to make goods of that type or specification then (whether the estimated delivery date has passed or not) the Seller may at any time by notice in writing to the Purchaser cancel the Contract.

  14. If the Goods are to be supplied by the Seller as roadworthy used goods at the date of delivery and the sale of such goods is a Consumer Sale, the following provisions shall have effect:
     (a) The Goods are sold subject to any conditions or warranties implied by the Sale of Goods Act 1979.
     (b) Prior to signing this order form the Purchaser shall examine the vehicle and check the items set out in the Purchasers Certificate of Examination overleaf. S14(2) of the Sales of Goods Act 1979 (satisfactory quality) does not operate in relation to those defects which examination ought to reveal, nor to any defect notified by the Seller to the Purchaser prior to the signing of this Contract.
  Holden & Holden Subsidiary Companies: The Reliance Garage (Norwich) Ltd, Mister Vee Ltd t/a Holden Motors (Volvo), Holden Ltd t/a Holden Mobility Holden Eastern Ltd t/a Holden Honda, Norfolk Motor Company Ltd t/a Holden Kia & Holden MG, Hylton Gott Ltd t/a Hylton Gott Volvo
• Distance Selling Conditions

  If you are having your vehicle delivered, the terms and conditions of your sale change a little bit. To ensure you fully understand how this affects your purchase please carefully read the points below;

  For reasons of fraud prevention, we are only able to deliver to your home address, and prior to arranging delivery we will require your driving licence to be verified by the Post Office. We will not deliver the car to you if we have not received this information.

  Upon receipt of your vehicle it is imperative that you fully inspect it’s physical condition. Once you have signed to accept the vehicle, we will unfortunately not accept liability for any damage which was not cited at the point of your vehicle’s delivery.

  You are entitled to a “cooling off period” in which you can change your mind about your purchase. This period begins from the day we deliver your vehicle to you and is valid for 14 days.

  If you wish to return your vehicle, we must be notified in writing within this 14-day period. Upon receiving  your request we will contact you to acknowledge receipt and make arrangements for your order to be cancelled.

  Your vehicle must be returned to us within 14 days of your cancellation. This 14-day period will begin from the day we acknowledge your order cancellation.

  Your refund will be made within 14 days of the vehicle being returned to us. This 14-day period will begin from the day we sign to accept the return of the vehicle to our premises.

   

  Please note that the following terms and conditions apply

  Delivery of your vehicle will take place at an agreed time and place. Should you, for any reason, be unable to accept this delivery then you will be liable for the cost of this delivery and any subsequent charges to return it. In the event of cancelation this amount would be deducted from your final refund amount.

  You are liable for the vehicle from the point of accepting delivery. If you choose to cancel within your cooling off period then you remain liable for the vehicle until one of our selected delivery companies have signed to accept it from you. You will be liable, and charged, for any damage present which was not noted when you accepted delivery of the vehicle. Any cost will be deducted from your final refund amount.

  To receive a full refund a maximum additional mileage of 250 miles from the recorded delivery mileage is allowed. If you cover any additional distance then an excess mileage charge of £1.00 per mile will be deducted from your final refund amount.

  Any delivery cost charged to you as part of your order will be fully refunded. However, you will be liable for any collection costs incurred and this amount will be deducted from your final refund. Our delivery charge is subsidised as part of your purchase. Please note that, should you choose to cancel your order, collection of the vehicle will be charged at the full rate. We will fully inform you of any costs before arranging collection and will not make any arrangements without your prior consent.

  You are able to make your own arrangements for return of the vehicle but, in doing so, accept full liability for the vehicle until it is returned to us. Any damage caused to the vehicle will be deducted from your final refund amount and, in the case of any insurance claim being raised, no refund will be made until pay-out from the relevant insurance company has been made to us.

  No refund amount will be made until the vehicle has been inspected and signed for by a member of our team.

  If we intend to make any deductions from your final refund amount then you will be made aware of that amount prior to the refund.

  These terms and conditions do not affect your statutory rights.

• Aftersales Terms and conditions

  HOLDEN & HOLDEN LIMITED TERMS & CONDITIONS OF SALE AND SUPPLY OF PARTS & SERVICES

  DEFINITIONS:

  1.1 Customer” means the person who purchases the parts from the Company or whose request for the provision of the service is accepted by the Company.

  1.2 Parts” means the Parts included in any installment of the Parts or any components of them which the Company is to supply and/or install (whether or not in performance of the Services as defined below) in accordance with these conditions.

  1.3 ”Services” means the Vehicle repairs or maintenance or the installation or repair of any Parts which the Company is to carry out in accordance with the Conditions.

  1.4 “Company” means the Company whose name and registered office is set out overleaf.

  1.5 “the Conditions” means the standard terms and conditions set out this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company.

  1.6 “the Contract” means the contract for the purchase and sale of the Parts and/or the provision of the Services.

  1.7 “Price” means the Company’s quoted price of the Parts and/or Services (or where no price has been quoted a reasonable price) including VAT at the rate prevailing on the date of the Company’s invoice.

  1.8 “Seller” means the Company whose name and registered office is set out overleaf.

  2.0 CONDITIONS APPLICABLE:

  2.1 The Company shall sell and the Customer shall purchase the Parts and/or the Company shall supply the Services in accordance with the terms agreed orally or in writing with the Customer subject in either case of these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.
  2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Company and the Customer.
  2.3 Any representations made by the Company’s employees or agents concerning the Parts or Services shall not be incorporated into the Contract unless confirmed by the Company in writing and in entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
  2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage application or use of the Parts which is not confirmed in writing by the Company is followed or acted upon entirely at the Customers own risk and accordingly the Company shall not be liable for any such advice or any recommendation which is not so confirmed.
  2.5 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation or information issued by the Company shall be subject to correction without any liability on the part of the Company unless such correction fundamentally changes the Customers obligation under the Contract to the Customers detriment in which case the Customer shall be entitled to cancel the Contract within seven (7) days of notification by the Company of such a fundamental change.
  2.6 Nothing contained herein is intended nor will limit the Company’s liability in respect of death or personal injury caused by the Company’s negligence

  3.0 ORDERS AND SPECIFICATIONS:

  3.1 No order form or (where applicable) service/maintenance authorization shall be deemed to be accepted by the Company until signed by both the customer and the Company’s authorized representative.
  3.2 The Company reserves the right to make any changes in the specification of the Parts which are required to conform with any applicable safety or other statutory requirements or (where the Parts are to be supplied or installed to the Company’s specification) which do not materially affect their quality or performance.
  3.3 Save as otherwise provided no order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall at the Company’s discretion either:

  (a) indemnify the Company in full against all loss (including loss of profit costs including the cost of all labour and materials used) damages charges and expenses incurred by the Company as a result of cancellation or
  (b) pay a handling charge on the Parts equal to twenty five per cent (25%) of their price before the addition of VAT. Subject to clause 3.2 herein where Parts are delivered by the Company to the Customer which do not comply with those ordered then the Company will give a full credit for the Price provided that they are returned in good condition to the Company within seven (7) days of delivery to the Customer.

  4.0 PRICE

  4.1 If at any time before delivery/instalment of the Parts and/or performance of the Services the Company deems it necessary to Increase the Price to give effect to any increase in the cost to the Company which is due to any factor beyond the control of the Company (other than for any increase consequent to a change to the prevailing rate of VAT) the Company shall have the right to give written notice of such increase to the Customer increasing the price and in such instance the Customer shall have the right to cancel the Contract within seven (7) days of the receipt by him of such notice failing which such increase shall be added to the price.

  4.2 Notwithstanding the provisions of clause 4.1 above any increases in the cost to the Company necessitating an increase in the price of the parts which is a result of any change in specification of the Parts and/or Services which is requested by the Customer or as a result of any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions shall not entitle the Customer to cancel the Contract on receipt of a written notice of such increase in the Price.

  5.0 PAYMENT:

  5.1 Subject to any special terms agreed in writing between the Company and the Customer the Company shall be entitled to invoice the Customer for the Price before on or at any time after delivery of the
  Parts/performance of the Services and more specifically where the Customer wrongfully fails to take delivery of the Parts the Company shall be entitled to invoice the Customer for the price of such Parts at any time after the Company has notified the Customer that the Parts are ready for collections or (as the case may be) the Company has tendered delivery of the Parts.
  5.2 The Customer shall pay the Price upon either receipt of the Company’s invoice or (if specifically notified by the Company) on or before the twentieth (20th) day of the month following the date of the said invoice (the “Due Date”) and such payment is to be made notwithstanding that delivery may not have taken place and property in the Parts has not passed to the Customer and time of payment of the Price shall be of the essence of the Contract.
  5.2 If the Customer fails to make payment on the Due Date then without prejudice to any other right or
  remedy available to the Company the Company shall be entitled to:

  5.3.1 cancel the Contract and/or suspend any further deliveries to the Customer and
  5.3.2 charge the Customer interest (before and after any judgment) on the amount unpaid at the rate of     four percent (4%) per annum above Barclays Bank Plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)

  6.0 DELIVERY/PERFORMANCE:

  6.1 Delivery of the Parts shall be made by the Customer collecting the Parts from the Company’s premises at any time after the Company has notified the Customer that the Parts are ready for collection or if some other place of delivery is agreed by the company delivering the Parts to that place.
  6.2 Any dates quoted for delivery of Parts or performance of the Services are approximate only and the Company shall not be liable for any reasonable delay in delivery/performance and time for
  delivery/performance shall not be of the essence unless previously agreed by the Company in writing.
  6.3 If the Customer fails to take delivery of the Parts or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customers reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company the Company may:

  6.3.1 store the parts until actual delivery and charge the Customer for the reasonable costs
  (including insurance) of storage
  or
  6.3.2 sell the parts at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account the Customer for the excess over the Price or charge the Customer for any shortfall below the price.

  6.4 In the case of Services the Company shall as soon as reasonably practicable after the performance of the Services give Customer notice that the vehicle is ready for collection and if the Customer shall fail to remove the vehicle from the Company’s premises within one (1) months of such notice the Company shall be entitled to sell the same and give good title thereto and having deducted all amounts owing to the Company by the Customer together with all costs of sale and storage to account to the Customer for the balance of the proceeds of sale

  7.0 RISK AND PROPERTY:

  Risk of damage to or loss of the Parts shall pass to the Customer:

  7.1.1 In the case of Parts to be delivered at the Company’s premises at the time when the Company notifies the Customer that the Parts are available for collection or
  7.1.2 In the case of Parts to be delivered otherwise than at the Company’s premises a time of delivery or if the Customer fails to take delivery of the Parts the time when the Company has tendered delivery of the goods.

  7.2 Risk of damage to or loss of the repairs/works to be carried out on any vehicle in performance of the Services shall pass to the Customer at the time when the Company notifies the Customer that the vehicle is ready for collection.
  7.3 Notwithstanding delivery and the passing of risk in the Parts or Services or any other provision of these conditions the parts shall remain the sole and absolute property of the Company and legal and equitable owner shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the Parts or Services and all other parts agreed to be sold and Services provided by the Company to the Customer for which payment is then due and until such time as the property in the Parts passes to the Customer the Customer shall hold the Parts as the Company’s fiduciary agent and a bailee and shall keep the same separate from those of the Customer and third parties and property stored and protected and insured and identified as the Company’s property.
  7.4 Until such time as property in the Parts passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Parts to the Company and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Parts are stored and repossess the Parts.

  8.0 WARRANTIES AND LIABILITY:

  8.1 Any Warranty given by the Company in respect of the Parts supplied or the performance of the Services shall be subject to the following conditions.

  8.1.1 The Company shall be under no liability in respect of any defect in the Parts arising from any drawing design or specification supplied by the Customer.
  8.1.2 The Company shall be under no liability in respect of any defects arising from fair wear and tear willful damage negligence abnormal working conditions failure to follow the Company’s instructions (whether oral or in writing ) misuse or alteration or repair of the Parts without the Company’s approval.
  8.1.3 The Company shall be under no liability under any warranty condition or guarantee if the total price for the Parts/Services has not been paid.
  8.1.4 No warranty given by the Company extends to Parts not manufactured by the Company in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as given by the manufacturer to the Company.

  8.2 Subject as expressly provided in these Conditions the Company warrants that the Services will be performed in accordance with the Contract and will be free from defects in workmanship for a period of three (3) months or 3000 miles whichever occurs sooner from the execution of the said Services.
  8.3 Where the Parts are sold or Services supplied under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.
  8.4 Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims through consequential compensation whatsoever (and whether caused by the negligence of the Company its employees or agents or otherwise) which arrive out of or in connection with the supply of the Parts (for their use or resale by the Customer ) and services except as expressly provided in these Conditions and further the Company shall not be liable to the Customer for any loss or damage to the Customers vehicle, all or any of its contents, or any personal belongings of the Customer whatsoever whilst on the Company’s Premises caused by fire, theft, accident, malicious persons or any other reason whatsoever except the negligence of the Company or its employees or agents.
  8.5 Any liability of the Company hereunder (except in respect of death or personal injury caused by the Company’s negligence) for any delay in performing or any failure to perform any of the Company’s obligations in relation to the Parts or Services shall be limited to the excess (if any) of the cost to the Customer in the cheapest available market of similar goods or services to replace those not
  delivered/performed over the Price.

  9.0 TERMINATION:

  Without prejudice to any other right or remedy available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability on the part of the Company to the Customer and if the Parts have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that:

  9.1.1 The customer makes any voluntary arrangement with its Creditors or becomes subject to an Administration Order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction)
  9.1.2 An encumbrancer takes possession or a Receiver is appointed of any of the property or assets of the Customer
  9.1.3 The Customer (if not a consumer within the meaning of the Unfair Contract Terms Act 1977) ceases or threatens to cease to carry on the business
  9.1.4 The Customer breaches any of the Conditions
  9.1.5 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly

  10.0 FORCE MAJEURE:

  Neither party shall be liable for any default due to any act of god, war, strike, lock-out, industrial action fire, flood, drought, tempest or any other event beyond reasonable control of either party.

  11.0 GENERAL:

  11.1 The Company is a member of the group of companies whose holding company is Holden and Holden Limited and accordingly the Company may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group provided that any act or omission by any such other member shall be deemed to be the act or omission of the Company.
  11.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to
  that provision as amended re-enacted or extended at the relevant time.
  11.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
  11.4 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
  11.5 No failure of the Company to exercise any power given to it or to insist upon strict compliance by the Customer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of the Company’s rights under this Agreement.
  11.6 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
  11.7 The Contract shall be governed by the laws of England and subject to the jurisdiction of the English Courts.

  Holden & Holden Subsidiary Companies: The Reliance Garage (Norwich) Ltd, Mister Vee Ltd t/a Holden Motors (Volvo), Holden Ltd t/a Holden Mobility Holden Eastern Ltd t/a Holden Honda, Norfolk Motor Company Ltd t/a Holden Kia & Holden MG, Hylton Gott Ltd t/a Hylton Gott Volvo