Terms – Millharbour Autos

The following highlight the terms and conditions which govern Millharbour Autos’ relationship with her customers or users of this website. Please click on the panels below to view.

Website Usage

By using this website, you agree to comply with and be bound by the following terms and conditions which govern Millharbour Autos’ relationship with you in relation to this website.

The term “Millharbour Autos” or “us” or “we” refers to the owner of this website.

The term “you” refers to the user or viewer of this website.

User Anonymity

Log files are maintained and analysed of all requests for files on this website’s web server. Log files do not capture personal information but do capture the user’s IP address, which is automatically recognised by our web server.

Aggregated analysis of these log files is used to monitor website usage. These analyses may be made available to Millharbour Autos’ staff and partner agencies to allow them to measure, for example, overall popularity of the site and typical user paths through the site.

Except as stated already, Millharbour Autos’ will make no attempt to identify individual users. You should be aware, however, that access to web pages will generally create log entries in the systems of your ISP or network service provider. These entities may be in a position to identify the client computer equipment used to access a page. Such monitoring would be done by the provider of network services and is beyond the responsibility or control of Millharbour Autos’.

Millharbour Autos’ will make no attempt to track or identify individual users, except where there is a reasonable suspicion that unauthorised access to systems is being attempted. In the case of all users, Millharbour Autos’ reserves the right to attempt to identify and track any individual who is reasonably suspected of trying to gain unauthorised access to computer systems or resources operating as part of Millharbour Autos’ web services.

As a condition of use of this site, all users must give permission for Millharbour Autos’ to use its access logs to attempt to track users who are reasonably suspected of gaining, or attempting to gain, unauthorised access.

All log file information collected by Millharbour Autos’ is kept secure and no access to raw log files is given to any third party.

Terms and Conditions

The use of this website is subject to the following terms:

1. Any content found on this website is for general information and use only and is subject to change without notice.

2. Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3. Any information or materials found on this website are used entirely at your own risk. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Any reproduction of these materials is prohibited.

5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged.

6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

7. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website, nor over their cookie policy. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by these terms and conditions of use. You should always exercise caution and look at the privacy statement and cookie policy applicable to the website in question.

8. You may not create a link to this website from another website or document without our prior written consent.

9. We will not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

10. Every effort is made to keep this website up and running smoothly. However, we take no responsibility for, and will not be liable for, this website being temporarily unavailable due to technical issues beyond our control.

11. Any dispute arising out of the use of this website is subject to the laws of Nigeria

Privacy

13. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

*This revised policy is effective from May 2018.

1. Definitions

1.1. “The Company”, Millharbour Autos, the person who is the vendor of the services and or goods to the customer.

1.2. “The Customer”, the person contracting for goods and services to be supplied by the Company.

1.3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.

1.4. “Goods” means all things to be sold by the Company to the Customer.

1.5. “Services” means all services, including repairs, provided by the company to the Customer.

2. Whole Contract

These terms shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.

3. Interpretation

The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability

In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Estimate

5.1. Unless specifically agreed in writing, all work is agreed on an estimate basis.

5.2. Unless specifically agreed in writing, time for completion of any work is not essential.

5.3. Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Company reasonable control.

5.4. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.

6. Paintwork

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 completion of 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 schemes, but no guarantee can be given of a perfect colour match.

7. Goods Supplied

7.1. Where the service includes the provision of goods, the Company reserves the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order).

7.2. All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice.

7.3. Worn units will only be accepted in a clean and oil free condition.

7.4. All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice quoting the invoice number.

7.5. In the event of cancellation, for any reason, the customer agrees to return any Goods to the Company’s premises.

7.6. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.

8. Variation

Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

9. Delivery

9.1. The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.

9.2. Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

10. Payment

Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.

11. Warranties

11.1. Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the relevant statutory provision, or in respect of a vehicle subject to a manufacturer’s warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.

11.2. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.

11.3. Subject to clause 11.4 below, the Company assigns to the Customer, the benefits of any applicable manufacturer’s warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 15000 miles, whichever occurs sooner from the date of completion of the work.

11.4. The Company’s obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:-

11.4.1. Failure to notify the Company of the defect.

11.4.2. Failure to afford the Company opportunity to rectify the problem.

11.4.3. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.

11.4.4. Installation of a part into the goods not approved by either the manufacturer or the Company; or altering them in a way not approved by either the manufacturer or the Company.

11.4.5. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.

12. Liability

Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer’s schedule as coming within the scope of such operation.

13. Use of the Customer’s Vehicle

The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.

14. Authority to Contract

Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Company to be the Customer’s agent or by any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.

15. Authority to Uplift

Where a person who, so far as the Company is aware, has authority to uplift Goods or Vehicles and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

16. Lien

The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.

17. Risk / Delay

Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer’s risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.

18. Bankruptcy / Insolvency of Customer

If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.

19. Storage Charges

If, following the completion of services the Customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

20. Replacement Parts

The Company shall obtain the Customer’s express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.

21. Exchange Units

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 manufacture’s credit note is received, the surcharge will be cancelled.

22. Disposal of Uncollected Goods

Any vehicle which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so which notice shall be sent by email to the address of the Customer last known to the Company and shall be deemed to have been received by the Customer on the day following the date of posting, or if that shall be a Sunday or a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer’s last known address.

23. Data Protection

23.1. The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Company, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Dealer Principal at the Company address.

23.2. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.

24. Distance Selling Regulations

24.1. Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs the Company to carry out the service and no service can be performed within this period unless the Customer expressly requests the Company does so.

24.2. To exercise the right to cancel, the Customer must inform the Company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may incorporate the text below into a letter, fax or email.

Model Cancellation Notice
Millharbour Autos
KM 14, Lekki-Epe Expressway
(Beside Mega Chicken), Ikota
Lekki, Lagos
Email:info@millharbourautos.com

Dear Sirs
Re: [INSERT PRODUCT DESCRIPTION]
Ordered on: [INSERT DATE HERE]
Received on: [INSERT DATE HERE]
[I/We]* hereby give notice that [I/We]* cancel [my/our]* contract of sale of the [goods/service]* above
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
Date
[* ] Delete as appropriate

24.3. If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.

24.4. If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-

24.4.1. 14 days after the date on which the Company receives any Goods back; or

24.4.2. (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned any Goods; or

24.4.3. if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.

24.5. The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.

24.6. The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the Company address, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.

24.7. This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.

25. Return of Parts

25.1. The Customer must take reasonable care of any Goods whilst they are in the Customer’s possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until and when they are returned to the Company.

25.2. The Customer is liable for any diminished value of any Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

26. Dispute Resolution

26.1. In the event of a complaint or dispute of any kind the Customer should follow the complaints handling procedure which can be found on the Company’s website and which is also available from the Company on request.

26.3. Where any dispute cannot be resolved, a Purchase Order and Contract shall be governed by and construed in accordance with the laws of Nigeria and shall be subject to the exclusive jurisdiction of the her Courts.

27. Statutory Rights

Where the Customer is acting as a consumer, nothing in this contract is intended to exclude or limit the Customer’s statutory rights.

1. Definitions

1.1. “The Dealer”, Millharbour Autos, the person who is the vendor of the goods to the customer.

1.2. “The Customer”, the person contracting for goods and services to be supplied by the Dealer.

1.3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession

1.4. “Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.

1.5. “Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component thereof. 2. Whole Contact

These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties. 3. Interpretation

The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability

In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Written Confirmation

This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.

6. Delivery/Time Not of the Essence

6.1. Unless specifically agreed in writing, time for delivery is not essential.

6.2. Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.

6.3. If the Dealer shall fail to deliver the Goods within 21 days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 14 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 14 days the contract shall be cancelled.

7. New Goods

If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:

7.1. This Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office.

7.2. The Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.

7.3. Any figure provided within the contract for Car Tax is provided as guidance only. Notwithstanding the sum for Car Tax specified in the order, the sum payable by the Customer in respect thereof shall be such sum as the Dealer has legally had to pay or becomes legally bound to pay for Car Tax in respect of the Goods.

7.4. Any figure provided within the contract for Value Added Tax is provided as guidance only. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.

7.5. If after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, the Dealer shall give notice of any such alteration to the Customer, and

7.5.1. in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.

7.5.2. in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.

7.6. In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract on the grounds of frustration.

7.7. Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.

8. Used Goods

8.1. If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):

8.1.1. is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.

8.1.2. Prior to signing this order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination and the Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Dealer to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.

8.2. Save in the case of Customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.

9. Variation

Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

10. Delivery and Payment

The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.

11. Place of Delivery

11.1. Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

11.2. In the event of cancellation, for any reason, the Customer agrees to return the Goods to the Dealer’s premises.

12. Repudiation by Customer

12.1. If the Customer does not pay for and take delivery of its vehicle within 14 days of notification that the vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer will sell the vehicle to another person. The Dealer will refund the Customer’s deposit but before the Dealer does so, the Dealer is entitled to recover from the deposit the additional costs the Dealer incurs in re selling the vehicle plus any reduction in the sales price achieved. The Dealer will keep the deposit whilst the Dealer displays and advertises the vehicle as being for sale. If it is not sold within a reasonable time the Dealer will sell it at auction.

12.2. Once the Dealer has sold the vehicle, the Dealer will notify the Customer within 7 days as to how much the Dealer has lost as a result of having to re sell. If this amount is less than the Customer’s deposit, then the Dealer will refund the balance of the deposit with the notification. If the claimable amount is more than the deposit, then the Dealer will include a statement showing how much the Customer owes the Dealer to make good the loss. The Dealer will provide copies of any receipts if the Customer requests them.

12.3. The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

13. Loss or Damage

The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.

14. Return of Deposit

If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.

15. Retention of Title and Risk

15.1. Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.

15.2. Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.

15.3. Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.

15.4. The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do anything, or fail to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.

15.5. Should the Customer’s right of possession cease they will notify the Dealer and immediately make the goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.

15.6. The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer’s monies.

16. Right of Lien

The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

17. Part Exchange

17.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the Customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.

17.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle. AND

17.1.2 that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
OR

17.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.

17.2. If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).

17.3. That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.

17.4. That without prejudice to 17.3. above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the Customer that the Goods to be supplied by the Dealer are available for delivery.

17.5. If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.

17.6. In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5. above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

18. Authority to Contract

Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.

19. Authority to Uplift

Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

20. Authority to Drive

In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.

21. Data Protection

21.1. The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Dealer, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Dealer, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Dealer by writing to the Dealer Principal at the Dealer’s address.

21.2. All the agreements between the Dealer and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.

22. Notices

22.1. All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer’s address shown on the order or invoice.

23. Distance Selling

23.1. If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from the Dealer’s business premises and/or without any face to face contact between the Dealer and the Customer; or anyone acting on the Customer’s or the Dealer’s respective behalf, the Customer may give notice to cancel this Agreement within 14 days without giving any reason.

23.2. This cancellation period will expire 14 days after the day on which the Customer, or a third party on the Customer’s behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Customer must inform the Dealer of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to the Dealer’s address. The Customer may use the attached model cancellation form if they wish.

23.3 To meet the cancellation deadline, it is sufficient for the Customer to send their communication confirming their exercise of the right to cancel before the cancellation period has expired.

23.4. If the Customer cancels this Agreement, the Dealer will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:- 23.4.1. 14 days after the day on which the Dealer receives the Goods back;
OR

23.4.2. (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned the Goods; or 23.4.3. if there were no Goods supplied, 14 days after the day on which the Dealer is informed about the Customer’s decision to cancel this Agreement.

23.5. The Dealer will make the reimbursement using the same means of payment as the Customer had used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.

23.6. The Dealer may withhold reimbursement until the Dealer has received the Goods back or the Customer has sent evidence of having sent back the Goods to the Dealer, whichever is the earliest. The Customer should send back the Goods or deliver them back to the Dealer’s address, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Dealer.

23.7. This deadline is met if the Customer sends back the Goods before the period of 14 days has expired. The Dealer will require that the Customer bears the cost of returning the Goods to the Dealer.

23.8. The Customer must take reasonable care of the Goods whilst they are in their possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until when they are returned to the Dealer.

23.9. The Customer is liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

24. Storage Charges

The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.

25. Dispute Resolution

25.1. In the event of a complaint or dispute of any kind the Customer should follow the complaints handling procedure which can be found on the Dealer’s website and which is also available from the Dealer on request.

25.2. Where any dispute cannot be resolved, a Purchase Order and Contract shall be governed by and construed in accordance with the laws of Nigeria and shall be subject to the exclusive jurisdiction of the her Courts.

Model Cancellation Notice
Millharbour Autos
KM 14, Lekki-Epe Expressway
(Beside Mega Chicken), Ikota
Lekki, Lagos
Email:info@millharbourautos.com