Land Rover

TERMS AND CONDITIONS

The parties

This Agreement is between:

  • (1) AM CAPURRO LIMITED (AMC), a company incorporated in Gibraltar, AM Capurro (1876), 20 Line Wall Road, P.O. Box 130, Gibraltar Company Registration Number 200199 (“AMC”, “us” and references to “we”, “our” and/or “ours” shall be interpreted accordingly); and
  • (2) DIPLOMATIC CUSTOMER, as any Diplomatic Customer purchasing a vehicle under the Jaguar Land Rover (“JLR” or the “manufacturer”) Diplomatic Programme (the “Diplomatic Programme”) operated by AMC (“you” and references to “your(s)” shall be interpreted accordingly).

  

  1. CONTRACT
    1. 1.1 The order for sale (the “Order”) of a motor vehicle and/or any and all items purchased by you (the “Goods”) from us (“AMC”) at the agreed price (“the Purchase Price”) and under and in accordance with the Diplomatic Programme incorporates these terms and conditions (the “Terms and Conditions”, “T&C’s”) and only becomes binding after being accepted by AMC and on completion of satisfactory Know Your Customer (“KYC”) checks.
    2. 1.2 The Order together with these Terms and Conditions constitute the contract between the us and you and no other terms or representations apply to the Order and purchase of the Goods. Before completing your Order please ensure that the contract reflects what is agreed. If AMC agrees to changes it will confirm this to the Diplomatic Customer in writing. AMC’s legal duty is to provide the Goods as described (“the Goods”) to the terms of the contract.
    3. 1.3 A person who is not a party to the contract may not enforce any terms of the contract.

 

  1. DELIVERY
    1. 2.1 AMC will provide an estimated delivery date, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of AMC. For the avoidance of doubt, time for delivery shall not be of the essence.
    2. 2.2 The Goods may be delivered by AMC or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Diplomatic Customer.
    3. 2.3 If the Goods are not delivered within three calendar months of the estimated delivery date the Diplomatic Customer or AMC may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Diplomatic Customer’s deposit shall be returned and AMC shall be under no further liability to the Diplomatic Customer.
    4. 2.4 Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Diplomatic Customer and AMC has given notice to the Diplomatic Customer that the Goods are ready for collection. The Goods will be physically delivered by AMC to the Diplomatic Customer only where agreed by AMC and at the Diplomatic Customer’s cost.
    5. 2.5 AMC may at any time cancel the contract by notice in writing to the Diplomatic Customer if; the Diplomatic Customer fails to pass AMC’s KYC checks or, if the vehicle manufacturer ceases to make the Goods, or if the manufacturer ceases to supply the Goods to the relevant market or, in the event that the manufacturer is unable or refuses to accept the order for the Goods or no longer supplies the Goods to the specification ordered by the Diplomatic Customer. Upon such cancellation any deposit paid by the Diplomatic Customer shall be returned and AMC shall be under no further liability to the Diplomatic Customer.

 

  1. PRICE AND PAYMENT
    1. 3.1 The Diplomatic Customer shall not be permitted to collect and take away the Goods until the Purchase Price of the Goods has been paid in full in cleared funds. Time for payment shall be of the essence.
    2. 3.2 Bank transfers, debit cards, credit cards and mobile payments e.g. Google Pay, Apple Pay are acceptable means of payment. For the avoidance of doubt, cash and bank drafts are not accepted as payment.
    3. 3.3 Notwithstanding the provisions of this contract the Diplomatic Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from AMC at the price payable hereunder. AMC shall not release the Goods until the Purchase Price has been paid in full in cleared funds by the said finance company.

 

  1. FAILURE TO COLLECT GOODS
    • If the Diplomatic Customer fails to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2.4 then AMC may at its option either store the Goods at the Diplomatic Customer’s cost or, upon giving the Diplomatic Customer 7 days’ notice of its intention to do so, elect to treat the contract as wrongfully ended by the Diplomatic Customer and clause 12.2 will apply.

 

  1. CHERISHED NUMBER PLATE
    • Where the Goods have a personalised or cherished number plate, unless stated on the face of the Order, the Diplomatic Customer shall not be entitled to assume that such number plate is available with the Goods. The Diplomatic Customer and AMC will provide all reasonable assistance to each other to facilitate transfer of the registration.

 

  1. WARRANTY

    1. 6.1 AMC shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty relating to the Goods to the Diplomatic Customer, subject to the manufacturer’s discretion. In the case of a new vehicle, the Goods shall, provided that the Diplomatic Customer complies with these Terms and Conditions at all times, be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and AMC shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. Any parts which require a replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty.

      The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances: (i) after discovering the defect the Diplomatic Customer has failed either to inform AMC or to have the defect examined by a Dealer without reasonable delay; (ii) has failed to give a Dealer the option to repair the Goods without reasonable delay; (iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports; (iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations; (v) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer; (vi) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.

    2. 6.2 In the case of the Goods being a second-hand vehicle, AMC shall transfer to the Diplomatic Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order.
    3. 6.3 If the Diplomatic Customer moves the Goods from original country of use without the consent of AMC and/or the manufacturer, the manufacturer’s warranty may be invalidated. Where the Diplomatic Customer proposes move of the Goods outside the original country of use needs to notify AMC in advance.
    4. 6.4 The manufacturer has the right (at its sole and absolute discretion) to revoke any warranty in respect of the Goods, where the Goods are sold by the Diplomatic Customer and/or are otherwise registered under the ownership of a third party within 12 months of delivery of the Goods to the Diplomatic Customer.

 

  1. NEW GOODS/USED GOODS

    Where the Goods to be supplied by AMC are new, then the following additional conditions shall apply:

    1. 7.1 the Diplomatic Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that AMC has legally become bound to pay, notwithstanding any amount specified on the order form and shall indemnify and keep indemnified AMC for any losses it incurs as a result of any such tax being levied on it in connection with the supply of the Goods;
    2. 7.2 the delivery of the Goods shall be subject to any terms and conditions of the manufacturer/concessionaire regarding the supply or resale of the Goods by AMC (which are available at AMC’s premises for inspection) and AMC shall not be liable for any failure or delay caused by or resulting from AMC’s compliance with such terms and conditions;
    3. 7.3 if, before delivery of the Goods, the manufacturer/concessionaires recommended retail price for the Goods shall be increased AMC may give notice (“Notice”) of its intention to pass on to the Diplomatic Customer such increase. Upon receipt of such Notice the Diplomatic Customer shall be entitled by notice in writing to AMC to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Diplomatic Customer shall be returned and AMC shall be under no further liability to the Diplomatic Customer. If no notice is received by AMC from the Diplomatic Customer within such period then the Diplomatic Customer shall be bound to purchase the Goods at the increased price;
    4. 7.4 in the event that the manufacturer is unable to accept the order for the Goods then AMC may, by notice in writing to the Diplomatic Customer cancel the contract. Upon such cancellation any deposit paid by the Diplomatic Customer shall be returned and AMC shall be under no further liability to the Diplomatic Customer.

 

  1. EXAMINATION OF GOODS AND RELIANCE
    1. 8.1 Prior to signing the Order the Diplomatic Customer should examine the Goods to be purchased (if they are available for inspection) and the Diplomatic Customer is reminded that the condition of satisfactory quality required by law does not operate in relation to defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by AMC to the Diplomatic Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
    2. 8.2 The Diplomatic Customer should satisfy itself as to the suitability of the Goods for its requirements and not rely upon AMC's skill or knowledge regarding the Goods' fitness for any particular purpose or use.

 

  1. CLAIMS
    1. 9.1 The Diplomatic Customer’s legal rights: irrespective of any warranty, the Diplomatic Customer is entitled to exercise its statutory rights if the Goods are (i) not of satisfactory quality, (ii) fit for purpose or (iii) match their description at the time of their delivery.
    2. 9.2 The Diplomatic Customer should contact AMC as soon as possible: The Diplomatic Customer should contact AMC as soon as he or she becomes aware of a problem with the Goods. A delay in reporting a problem may lead to unnecessary damage being caused to the Goods.
    3. 9.3 Inspection of the fault: where the Diplomatic Customer believes the Goods to be faulty they should be returned to the nearest official JLR service centre as soon as possible for inspection by (or on behalf of) AMC. If the Goods are a vehicle and there is a safety concern or the vehicle is not driveable, AMC may arrange for the Goods to be inspected by the nearest official JLR service centre.
    4. 9.4 Consumer key legal rights: if the Diplomatic Customer is an individual buying the Goods for purposes that are wholly or mainly outside its business, trade or profession then it has certain rights under the Sale of Goods Act if the Goods are not as described or because of a fault that was present at the time AMC delivered them to the Diplomatic Customer which caused the Goods not to be of satisfactory quality or fit for purpose. If the Diplomatic Customer does not wish AMC to repair or replace the Goods, the Diplomatic Customer may be entitled to a refund. If the fault cannot be repaired or replaced, then the Diplomatic Customer may be entitled to a refund. AMC is entitled to make a fair deduction from the refund to reflect the value of the use the Diplomatic Customer has had from any vehicle. If the Diplomatic Customer chooses repair or replacement the option chosen must be proportionate taking into account the nature of the fault, cost implications to AMC and any significant inconvenience to the Diplomatic Customer. After 6 months: If the Goods do not last a reasonable length of time, the Diplomatic Customer may be entitled to some money back.
    5. 9.5 Return of Goods: Any Goods which AMC agrees to refund should be returned by the Diplomatic Customer to the AMC premises where the Goods were purchased. If they are not drivable AMC may arrange collection.
    6. 9.6 Where a Diplomatic Customer complaint is not resolved: good Diplomatic Customer service is important to AMC and we try to resolve all complaints to the Diplomatic Customer’s satisfaction.

 

  1. SALE TO INTERMEDIARIES OR THIRD PARTIES
    1. 10.1 The Diplomatic Customer irrevocably and unconditionally confirms that it understands that it is purchasing the Goods under the Diplomatic Programme (as operated by AMC on behalf of the manufacturer) and are receiving a preferential price on the Goods purchased from AMC under the Diplomatic Programme by virtue of the Diplomatic Customer’s qualification. The purchase of the Goods is subject to these Terms and Conditions and those of the Diplomatic Programme.
    2. 10.2 The Diplomatic Customer irrevocably and unconditionally confirms that it is not purchasing the Goods as an intermediary, reseller or for and on behalf of a third party.
    3. 10.3 AMC may, at its discretion refuse to change the Diplomatic Customer’s details or identity on the order or register the Goods to anybody other than the Diplomatic Customer or (where AMC reasonably believes the Diplomatic Customer to be a reseller) to cancel the contract. In the event of cancellation by AMC clause 12.2 will apply.
    4. 10.4 AMC and the manufacturer reserve the right to disqualify the Diplomatic Customer from benefiting from the Diplomatic Programme where AMC reasonably believes the Diplomatic Customer to be a reseller.
    5. 10.5 The Diplomatic Customer shall retain possession of the Goods for a minimum of 12 months before any resale or transfer of ownership to a third party may take place. Where a sale to a third-party takes place less than 12 months from the date on which the Diplomatic Customer takes possession of the Goods from AMC, AMC may be entitled to recover from the Diplomatic Customer the difference between the retail value of the Goods (at the time of purchase by the Diplomatic Customer) and the Purchase Price.

 

  1. RETENTION OF TITLE
    1. 11.1 Notwithstanding delivery, collection and/or the passing of insurance risk for the Goods, or any other provision of these terms and conditions, ownership of the Goods shall not pass to the Diplomatic Customer until the Purchase Price has been paid in full in cleared funds.
    2. 11.2 Until such time as ownership of the Goods passes to the Diplomatic Customer, the Diplomatic Customer shall keep the Goods properly stored, protected and insured and identified as AMC’s property. Further, AMC shall be entitled at any time to require the Diplomatic Customer to return the Goods to AMC and if the Diplomatic Customer fails to do so promptly, to enter upon any premises of the Diplomatic Customer or any third party where the Goods are stored and repossess the Goods.
    3. 11.3 Until the Diplomatic Customer owns the Goods the Diplomatic Customer shall not be entitled to sell the Goods or use them as security for any indebtedness. If the Diplomatic Customer does so all money owing by the Diplomatic Customer to AMC shall (without prejudice to any other right or remedy of AMC) immediately, become due and payable.

 

  1. DIPLOMATIC CUSTOMER UNAUTHORISED CANCELLATION OR BREACH
    1. 12.1 Except where the Diplomatic Customer is given a right to cancel its order in these terms and conditions or the Diplomatic Customer is entitled to do so by law, then no order which has been accepted by AMC may be cancelled by the Diplomatic Customer unless AMC has agreed to the cancellation in writing. Where cancellation is agreed clause 12.2 below shall apply.
    2. 12.2 Where the Diplomatic Customer (1) cancels its order (other than where the Diplomatic Customer is entitled to do so by law or under clause 2.3 or clause 13, or where the manufacturer price is increased and the Diplomatic Customer is given the opportunity to cancel) or (2) otherwise fails to collect the Goods or (3) breaches the contract so that it is ended then AMC shall, without prejudice to any other remedies available to it, be indemnified for any administration fees, costs, damages, losses or expenses which AMC suffers or incurs by reason of the Diplomatic Customer’s cancellation or default (including as a result of selling the Goods at a lower value) and storage costs. Such sums may be deducted from any deposit or other money paid by the Diplomatic Customer and the balance (if any) shall be returned to the Diplomatic Customer. If the losses AMC has suffered exceed the deposit paid then the Diplomatic Customer shall be liable to AMC for the excess amount.

 

  1. DISTANCE AND OFF PREMISES CONTRACTS
    1. 13.1 Where the contract is entered into through any means of distance communication, the Diplomatic Customer may, subject to compliance with these Terms and Conditions and compliance with the Consumer Rights on Contracts Regulations 2013, cancel the contract without giving any reason up to 14 days after the day upon which the Diplomatic Customer (or anyone on the Diplomatic Customer’s behalf) takes possession of the Goods.
    2. 13.2 In order to exercise the right to cancel the Diplomatic Customer must provide AMC with notice in writing (e.g. a letter sent by post, fax or email). The notice should be sent to AMC using the contact details contained within the order form within the 14-day cancellation period.
    3. 13.3 On cancellation AMC shall reimburse to the Diplomatic Customer all payments received from the Diplomatic Customer including any delivery costs (unless the Diplomatic Customer expressly chose a method of delivery more expensive than the least expensive option in which case the Diplomatic Customer will be reimbursed the value of the least expensive delivery method).
    4. 13.4 Subject to clause 13.5 below on cancellation the Diplomatic Customer shall return the Goods to AMC without undue delay and in any event not later than 14 days after the day on which the AMC has received notice of the cancellation, at the Diplomatic Customer’s cost. If the Diplomatic Customer fails to return the Goods, AMC may make a charge for the cost of recovering the Goods from the Diplomatic Customer, this is likely to cost a minimum of £100 and AMC may deduct this charge from any sum that AMC must reimburse to the Diplomatic Customer.
    5. 13.5 Where the contract is entered into through any means of distance communication and AMC has delivered the Goods to the Diplomatic Customer, AMC shall arrange for the Goods to be collected at its own expense.
    6. 13.6 AMC will reimburse the Diplomatic Customer using the same means of payment as the Diplomatic Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after AMC received the Goods back or, if earlier, 14 days after the day on which the Diplomatic Customer provides evidence that the Goods have been sent back.
    7. 13.7 On cancellation any related credit agreement or other ancillary contract will be cancelled.
    8. 13.8 If the value of the Goods is diminished because of the Diplomatic Customer’s handling of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, AMC may recover that amount from the Diplomatic Customer and AMC can deduct it from the reimbursement provided for under clause 13.3 of these Terms and Conditions. AMC will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
    9. 13.9 If the Goods are made to the Diplomatic Customer’s specifications or clearly personalised then the Diplomatic Customer does not have the right to cancel the contract.

 

  1. LIABILITY

    AMC will not be liable to the Diplomatic Customer for

    1. 14.1 losses that were not in the reasonable contemplation of both parties when the contract was formed;
    2. 14.2 losses that were not caused by any breach on the part of AMC;
    3. 14.3 business losses, and/or losses to non-consumers;
    4. 14.4 loss of profits;
    5. 14.5 loss of agreements or contracts;
    6. 14.6 loss of anticipated savings;
    7. 14.7 loss of or damage to goodwill; and/or
    8. 14.8 indirect or consequential loss.

    However nothing in this clause shall operate to restrict or exclude AMC’s liability or limit the Diplomatic Customer’s rights in any way that cannot be restricted, excluded or limited by law.

 

  1. TERMINATION/SUSPENSION

    AMC may terminate any Order immediately and without notice in the event that:

    1. 15.1 AMC reasonably believes that the Diplomatic Customer will be unable to meets its financial obligations in respect of an Order; and/or
    2. 15.2 if the Diplomatic Customer is in material breach of any obligations under the Order or these Terms and Conditions, and

    Where a breach by the Diplomatic Customer is a breach capable of remedy, AMC shall be entitled to suspend delivery of any Goods until the Diplomatic Customer has remedied the breach.

    The rights exercisable by AMC under these Terms and Conditions are entirely without prejudice to any other right or remedy available to AMC in contract, tort or otherwise.

 

  1. DATA

    You acknowledge and understand that:

    (a) as a pre-requisite to entering into an agreement with us; and

    (b) as part of our agreement so that we may provide our services to you,

    we will receive, obtain and/or otherwise be made aware of information about you from which you may be identified (“Personal Data”).

    The manner in which we will collect, store and/or process Personal Data is fully set out in our data privacy notice (as amended from time to time) and which can be found at https://landroverdiplomatic.com/privacy-policy (our “Privacy Notice”). Please note that we expressly reserve the right to amend the Privacy Notice from time and/or at any time(s).

    Our Privacy Notice also sets out all of the rights that you have in connection with the Personal Data we collect, store and/or process, as well as our obligations to you in respect of Personal Data.

    It is important that you read and understand our Privacy Notice.

 

  1. NOTICES

    Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the last known residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

 

  1. WAIVER

    Any waiver by AMC or the Diplomatic Customer of any breach of contract by the other should be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

 

  1. INVALIDITY OF THESE TERMS

    If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.

 

  1. APPLICABLE LAW

    This contract shall be governed by the Gibraltar and the parties shall submit to the jurisdiction of the Courts of Gibraltar.