Price Guarantee

"If you can find a similar car for less at a Competitor Dealer within 5 days, we will refund the Price Difference."

Terms and Conditions of Evans Halshaw Price Guarantee Pendragon PLC 2012

Nothing in these terms and conditions will affect or limit the statutory rights of the Customer

1.        Definitions

In these terms, unless the context requires otherwise, the following definitions apply:-

1.1         Customer is the purchaser of the Vehicle named on the Order form.

1.2         Company means Pendragon PLC or any subsidiary of the same as defined by section 1159 of the Companies Act 2006 and as identifiable as the Seller on the Order.

1.3         Day or Days means any day including a Saturday or Sunday or Bank Holiday (as defined in the Banking and Financial Dealings Act 1971).  For the purpose of the Evans Halshaw Price Guarantee, the first day of the five Day period shall be inclusive of the day the Customer places the Order with the Evans Halshaw Dealership.

1.4         Evans Halshaw Dealership means the motor vehicle dealership owned and operated by the Pendragon PLC group of companies, including but not limited to those trading as Evans Halshaw, Runabouts, Evans Halshaw Motorhouse or Quicks at which the Customer has placed an Order.

1.5         Similar Car is a vehicle on general retail sale at a Competitor Dealer which matches the Vehicle on a Like-for-Like Basis pursuant to the Order.  For the avoidance of doubt, a vehicle includes but is not limited to a passenger car or light commercial van.

1.6         Similar Van shall have the same meaning as Similar Car and 1.5 for the purposes of these terms and conditions.

1.7         Like-for-Like Basis means a car or van of the same make, model, colour, specification, model year, registration plate year, offer, any applicable vehicle manufacturer approved used scheme or status, with a minimum of 6 months MOT (where applicable), having a verified mileage within 2000 miles of the Vehicle, available for sale and capable of being purchased without costs additional to the advertised price, at a Competitor Dealer within the Radius.

1.8         Competitor Dealer shall mean any motor vehicle dealership not owned and operated by the Pendragon PLC group of companies which has sales premises within the Radius and is of a similar size to the Evans Halshaw Dealerships;

1.9         Order means the order set out on the Evans Halshaw Dealership order form for the purchase of a Vehicle under which the Customer has paid a minimum deposit of £100 in cleared funds or only in the case of a vehicle that has been the subject of a move from an originating Evans Halshaw Dealership to a destination Evans Halshaw Dealership under the Move Me Closer scheme, Order shall refer to the price of that vehicle advertised on www.evanshalshaw.com by the originating Evans Halshaw Dealership at the time the Move Me Closer request was made by the Customer.

1.10        Radius means 40 miles from the Evans Halshaw Dealership.

1.11         Price Difference means the difference in Price displayed on the Order and the Price of the similar car.

1.12     Price shall mean the publically displayed and advertised retail price of a Vehicle inclusive of VAT available to all customers, excluding any sale prices, discounted prices, reduced prices available in connection with any available promotional offers or prices which arise as a result of an administration, receivership, liquidation, insolvency or possible insolvency, bankruptcy, winding up or other similar event.

1.13     Vehicle is a privately owned used passenger car  or van purchased from the Evans Halshaw Dealership pursuant to the Order.

2.                  Terms and Conditions

2.1         The Evans Halshaw Dealership will at its discretion either refund the Price Difference, or reduce the Order by the Price Difference, provided that the Customer can demonstrate by the Provision of a genuine written invoice or quotation from a Competitor Dealer that a Similar Car is available at a lesser Price on a Like for Like Basis within 5 Days from the Customer placing the Order with the Evans Halshaw Dealership.

2.2         The Customer is entitled to claim the Price Difference only if his claim under the Evans Halshaw Price Guarantee is submitted in writing to the Evans Halshaw Dealership within 5 Days of the Customer placing his Order.

2.3         The Company reserves the right to vary the terms and conditions of the Evans Halshaw Price Guarantee at any time.  In the event of any dispute as to the interpretation of these terms and conditions, the application of the same or otherwise, the decision of the Evans Halshaw Dealership shall be final.

2.4         Save for the Price Difference, the Company and/or the Evans Halshaw Dealership shall not be liable for any claims, demands, damages, expenses or costs (including, without limitation, legal costs) incurred or made against it howsoever arising, whether directly or indirectly from the Evans Halshaw Price Guarantee.

2.5         Any refund made to the Customer as a result of a claim made under the Evans Halshaw Price Guarantee shall be paid in £ pounds sterling via an electronic transfer to the Customers designated bank account or via cheque, within 30 Days of an Evans Halshaw Price Guarantee claim being received.

2.6         In the event of any conflict between these terms and conditions and those contained on the Order, the terms and conditions on the Order shall prevail.

2.7         A person who is not a party to the Evans Halshaw Price Guarantee shall not have any rights under or in connection with it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

2.8         The Evans Halshaw Price Guarantee is governed by the laws of England and Wales