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Terms & Conditions

INTRODUCTION

Welcome to Rockstar Motors (“Rockstar Motors”, “we”, “us”, “the Broker”, or “the Company”).

These Terms and Conditions (“Terms”) govern all services provided by Rockstar Motors.

Rockstar Motors acts strictly as a disclosed agent and intermediary for vehicle owners (“Owners”) under separate Sale or Return Agreements. Unless expressly stated otherwise in writing, Rockstar Motors does not act as principal in any vehicle sale.

IMPORTANT:
Where a vehicle is purchased, the contract of sale is made directly between the Purchaser and the Owner, and not with Rockstar Motors.

By accessing or using our services, including reserving or purchasing a vehicle, you agree to be bound by these Terms.

In the event of any inconsistency or conflict between documents:

These Terms are structured as follows:

DEFINITIONS

In these Terms, the following definitions apply:

“Company”, “Broker”, “Brokerage”, “Rockstar Motors”, “we” or “us” means the business trading as Rockstar Motors.

“Deposit” means a payment made by a Purchaser to reserve a Vehicle and is non-refundable except in the limited circumstances expressly set out in these Terms.

“Fraudulent Activity” means any act of dishonesty or deception, including but not limited to misrepresentation, concealment of material information, price manipulation, fee circumvention, or unauthorised use of another person’s identity or account.

“Owner” or “Seller” means any individual or entity who appoints Rockstar Motors to market and sell a Vehicle on their behalf under a Sale or Return Agreement. References to “Owner” and “Seller” in this Agreement shall be construed as having the same meaning.

“Platform” means the website, online systems, and associated services operated by Rockstar Motors, including any reservation or enquiry functionality.

“Purchaser” or “Buyer” means any individual or entity who reserves, agrees to purchase, or purchases a Vehicle marketed by Rockstar Motors. For the avoidance of doubt, the Purchaser contracts directly with the Owner in respect of any Vehicle purchase under the Sale or Return structure.

“Sale or Return Agreement” or “SOR Agreement” means the separate Agreement entered into between Rockstar Motors and the Seller/Owner, governing the marketing and sale of a Vehicle.

“Services” means the marketing, brokerage, listing, reservation, and related services provided by Rockstar Motors in connection with the sale or proposed sale of Vehicles.

“VAT” means value added tax as defined in the Value Added Tax Act 1994, together with any similar or replacement tax. All fees, charges, and sums payable to the Broker are stated exclusive of VAT, which shall be payable by the Seller at the applicable rate.

“Vehicle” means any motor vehicle listed, marketed, reserved, sold, or accepted in part exchange through Rockstar Motors.

“Vehicle Condition Diagram” means the separate diagram attached to the Vehicle Handover & Condition Report where a Purchaser acknowledges and agrees to accept the condition in which the Vehicle is being sold and accepted.

“Vehicle Handover & Condition Report” means the separate contract entered into between Rockstar Motors and a Purchaser governing the condition of the Vehicle, under which the Purchaser acknowledges the condition of the Vehicle in its current state, including any marks or damage (where applicable).

“Vehicle Sale Agreement” means the separate contract entered into between Rockstar Motors and a Purchaser governing reservation, deposit, and brokerage services in respect of a Vehicle, under which the Purchaser acknowledges that the contract of sale is formed directly with the Owner.

SECTION A: GENERAL TERMS

A1. ACCEPTANCE OF TERMS

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must stop using our Services immediately.

A2. MODIFICATION OF TERMS 

We reserve the right to amend these Terms at any time. Continued use of the Services following any update constitutes acceptance of the revised Terms.

A3. GOVERNING LAW AND JURISDICTION 

These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

A4. ACCURACY OF INFORMATION 

We reserve the right to correct any typographical, clerical, or other errors or omissions in any sales literature, quotation, price list, acceptance, invoice, website content, or other information provided by or on behalf of the Company, without liability to the extent permitted by law.

A5. COMMUNICATIONS AND NOTICES 

Any notice or communication given under these Terms must be in writing and may be delivered by email, by hand, or by pre-paid first-class post to the relevant party’s last known address or email address.

A notice shall be deemed received:
(a) if sent by email, on the same working day provided it is transmitted before 5:00pm, otherwise on the next working day;
(b) if delivered by hand, at the time of delivery; and
(c) if sent by post, 3 working days after the date of posting.

We may monitor and record telephone calls and other communications for training, compliance, dispute resolution, fraud prevention, and quality assurance purposes.

A6. USER ELIGIBILITY AND ACCOUNTS 

Users must be at least 18 years old, provide accurate, current, and complete information, and not have previously breached these Terms (we reserve the right to refuse service at our discretion).

A7. PROHIBITED ACTIVITIES 

A7.1 Misrepresentation – Users must not provide false or misleading information relating to identity, condition of the vehicles, or transaction intentions.

A7.2 Fraudulent Behaviour – Users must not engage in price manipulation, fake enquiries, fee circumvention, or the use of unauthorised or third-party accounts.

A7.3 External Transactions – Users must not attempt to negotiate or complete any transaction outside the Platform where a Vehicle has been introduced, listed, or facilitated by Rockstar Motors. In such cases, Rockstar Motors may recover its reasonable losses including lost commission and associated costs.

A7.4 Abuse of Platform – Users must not engage in abusive behaviour, including threats, harassment, or misuse of the dispute resolution or complaints process.

A7.5 No Oral Modification – No amendment to any agreement governed by or incorporating these Terms (including the Buyer Vehicle Sale Agreement and Sale or Return Agreement) shall be valid unless made in writing, executed via the Company’s authorised electronic signing system, and approved by a Director of Rockstar Motors. No employee, contractor, or agent has authority to vary or amend any agreement or these Terms by oral statement, text/WhatsApp message, email, or informal communication.

SECTION B: VEHICLE SALES TERMS

B1. CHOOSING A VEHICLE

B1.1 The Broker provides information about Vehicles and Services to assist Purchasers in making an informed decision.

B1.2 All Vehicles are prepared and valeted upon arrival at Rockstar Motors by professional valeters using industry-standard products and techniques.

B1.3 All Vehicles are sold pursuant to a Sale or Return Agreement between Rockstar Motors and the Seller/Owner of the Vehicle.

B1.4 Accordingly, all Vehicles are sold as seen, and the contract of sale is strictly between the Purchaser and the Seller/Owner.

B1.5 Rockstar Motors acts solely as a disclosed intermediary and Broker.

B1.6 The Broker relies entirely on information provided by the Seller/Owner regarding the Vehicle’s condition, including but not limited to repairs, accident history, insurance claims, manufacturer recalls, and stolen vehicle status.

B1.7 The Broker accepts no liability for any inaccuracies, omissions, or misrepresentations made by the Seller/Owner.

B1.8 Where requested, the Broker may provide a Vehicle demonstration, which is provided for convenience only and does not constitute representation or warranty.

B1.9 The Purchaser is solely responsible for ensuring the Vehicle meets their requirements prior to paying any non-refundable deposit and is strongly advised to inspect the Vehicle, test drive and carry out all relevant independent checks.

B1.10 Any quotation provided by the Broker (or its employees and/or agents) is for guidance only and does not constitute an offer or contractual obligation.

B1.11 Vehicle pricing is based on market valuation tools and reflects age, mileage, and condition.

B1.12 Any advice or recommendation provided by the Broker (or its employees and/or agents) which is not confirmed in writing (via email/letter) is followed entirely at the Purchaser’s own risk and the Broker accepts no liability for such advice.

B1.13 The Broker may, at its discretion, consider purchasing (buy-back) a Vehicle from a Purchaser at auction value but is under no obligation to do so.

B1.14 The Broker is an intermediary and therefore operates a strict no returns policy.

B1.15 Where a Vehicle is returned by agreement, a mileage charge of £2 per mile will apply to reflect depreciation.

B2. PURCHASING A VEHICLE

B2.0 Precedence of Section B2

The provisions of this Section B2 shall take precedence over any other provision contained within these Terms, the Agreement, any advertisement, listing, marketing material, invoice, quotation, correspondence or other document relating to the Vehicle to the extent of any inconsistency, conflict or ambiguity.

Where any provision elsewhere in these Terms or the Agreement could reasonably be interpreted as contradicting, limiting or qualifying the Purchaser’s obligations, acknowledgements, assumptions of risk, inspection requirements, reliance provisions or acceptance obligations contained within this Section B2, the provisions of this Section B2 shall prevail and be construed accordingly.

For the avoidance of doubt, the Purchaser acknowledges and agrees that the provisions of Clauses B2.5, B2.6, B2.6.1, B2.6.2, B2.7, B2.8 and B2.9 are fundamental terms of the Agreement and shall survive completion of the sale.

B2.1 The Purchaser is responsible for reviewing and accepting these Terms prior to making any payment.

B2.2 All pricing is provided in good faith and written quotations or proforma invoices are valid for 7 calendar days unless otherwise stated.

B2.3 Prices are shown without VAT. If VAT applies, it will be added at the current UK rate. VAT status can be confirmed on request.

B2.4 A binding contract is formed upon receipt of a deposit or payment between the Purchaser and the Owner.

B2.5 The Purchaser acknowledges that they are entering into a private sale with the Owner and that Rockstar Motors acts solely as Broker in the form of an intermediary.

B2.6 The Purchaser shall be responsible for inspecting the Vehicle prior to completion of the sale and for carrying out such due diligence as the Purchaser considers necessary, including, where appropriate, test driving the Vehicle and obtaining an independent third-party inspection.

B2.6.1 The Purchaser acknowledges and agrees that the Broker has not carried out any mechanical, structural, electrical, diagnostic or other detailed inspection of the Vehicle and has undertaken only a limited visual inspection. The Purchaser further acknowledges that any information provided regarding the condition of the Vehicle is based upon the Seller’s representations and undertakings that, to the best of the Seller’s knowledge and belief, the Vehicle is in good condition, commensurate with its age and mileage, and is reasonably safe and roadworthy for normal use.

B2.6.2 The Purchaser confirms that they are relying upon their own inspection, enquiries and investigations and not upon any representation, statement or warranty made by the Broker except as expressly set out in these Terms and the Agreement.

B2.7 All Vehicles are sold as seen, tried, tested and approved by the Purchaser following such inspection, enquiries, test drives and investigations as the Purchaser considers appropriate.

B2.8 While the Broker makes reasonable efforts to ensure that information provided in listings (including but not limited to platforms such as Auto Trader, CarGurus, and social media channels) is accurate and up to date, Purchasers acknowledge that such information is provided for general guidance only and should not be relied upon as a substitute for their own independent verification.

B2.9 Purchasers are responsible for carrying out all reasonable checks in relation to the Vehicle, including but not limited to confirming specification, provenance, mileage, repairs and accident history through independent sources such as government and third-party vehicle history databases. Nothing in this clause shall exclude or limit liability for fraudulent misrepresentation.

B2.10 Professional showroom-standard vehicle valeting and detailing services within the UK generally range from approximately £150 to £350 or more, depending on the size, specification, and overall condition of the vehicle. Premium detailing packages, including extensive paint correction and multi-stage enhancement treatments carried out over several days, may exceed £1,000.

B2.10.1 Such services commonly include comprehensive interior deep cleaning, exterior paint decontamination, machine polishing, and finish enhancement treatments designed to restore and maintain presentation standards.

B2.10.2 With Rockstar Motors, the Purchaser may request a pre or post-sale valet at an additional cost, including a showroom-level valet priced from £120 plus VAT (depending on the Vehicle).

B2.11 While reasonable efforts are made to ensure Vehicles have a valid MOT, Rockstar Motors accepts no responsibility for obtaining, renewing, or extending MOT certification unless expressly agreed in writing pre-sale.

B2.12 Any MOT advisories shall remain outstanding unless Rockstar Motors expressly agrees in writing, prior to sale, to undertake rectification works. Where any works are requested or authorised by the Purchaser, the Purchaser shall remain fully committed to completing the purchase of the Vehicle following completion of such works.

B2.13 Payment of the Deposit constitutes the Purchaser’s confirmation and acceptance of their intention to proceed with the purchase of the Vehicle, irrespective of whether any rectification or additional works are carried out.

B3. WARRANTY

B3.0 Precedence of Section B3

The provisions of this Section B3 shall take precedence over any other provision of these Terms, the Agreement or any sales documentation to the extent of any inconsistency relating to warranty provision, warranty liability, warranty costs, warranty administration or warranty claims. For the avoidance of doubt, Rockstar Motors acts solely as an introducing intermediary and assumes no liability under any warranty policy issued by a third-party provider.

B3.1 Where applicable, Rockstar Motors may introduce a third-party warranty provider where no manufacturer warranty exists in respect of the Vehicle.

B3.2 Unless otherwise agreed in writing prior to sale, warranty cover shall be provided through Handler Protect or such alternative warranty provider as Rockstar Motors may reasonably nominate.

B3.3 Warranty Pricing

The cost of any warranty shall be a minimum of £250 plus VAT (where applicable), although the actual cost may be higher depending upon the age, mileage, specification, value and warranty category of the Vehicle.

B3.4 Warranty Costs and Payment

The cost of the warranty shall be determined by the Broker and may be paid by the Purchaser, the Seller, or by both the Purchaser and the Seller.

Where both the Purchaser and the Seller contribute towards the cost of the warranty, the amount payable by each party shall be determined by the Broker as part of the sale arrangement and confirmed to the relevant parties prior to completion of the sale.

Rockstar Motors shall not be responsible for any part of the warranty cost and shall not be required to contribute towards the cost of any warranty unless expressly agreed in writing.

B3.4.1 Warranty Administration

The warranty charge may include the Broker’s costs associated with sourcing, arranging, administering and facilitating the warranty, together with any applicable administration or handling fee.

The applicable warranty price and the identity of the warranty provider shall be confirmed to the Purchaser and/or Seller before the warranty is purchased or arranged.

B3.5 Third-Party Warranty Provision

Rockstar Motors acts solely as an intermediary in arranging the warranty.

The warranty shall be provided by an independent third-party warranty or insurance provider and shall be subject to that provider’s terms, conditions, exclusions, limitations and claims procedures.

Nothing in this clause shall exclude or restrict any statutory rights or liability which cannot lawfully be excluded.

B3.6 The warranty is provided by an independent third-party provider and is subject entirely to that provider’s terms, conditions, exclusions, limitations and claims procedures, which the Purchaser shall be responsible for reviewing and accepting.

B3.7 Upon acceptance of delivery of the Vehicle, the Purchaser acknowledges that any warranty agreement is strictly between the Purchaser and the warranty provider. Rockstar Motors shall have no liability whatsoever in respect of the warranty, its scope of cover, administration, acceptance, rejection, interpretation or settlement of any claim.

B3.8 Unless otherwise stated in writing, a minimum three (3) month warranty period may be included with the Vehicle and full details shall be confirmed prior to completion of the sale.

B3.9 The Purchaser may elect to upgrade, extend or enhance the warranty cover at their own expense unless otherwise agreed in writing prior to sale.

B3.10 Warranty cover applies to normal road use only and shall not apply to any use on racing circuits, track days, timed events, motorsport activities, off-road competition or any non-road environment unless expressly stated by the warranty provider.

B3.11 Nothing in this clause shall be construed as creating any warranty, guarantee or undertaking by Rockstar Motors in relation to the condition, performance, reliability or future operation of the Vehicle.

B4. DELIVERY OF PURCHASE

B4.1 The Purchaser may collect the Vehicle from Rockstar Motors premises at no additional cost.

B4.2 Collection, Delivery and Transportation Charges

Where the Broker arranges or undertakes collection, delivery or transportation of a Vehicle, the applicable charge shall be £2 per mile plus VAT, subject to a minimum charge of £65 plus VAT.

The applicable collection, delivery or transportation charge shall be confirmed to the relevant Purchaser or Owner prior to the service being undertaken.

Where an alternative charge has been expressly agreed between the Parties, that agreed charge shall apply.

The party responsible for payment of the applicable charge shall be identified as part of the relevant sale, collection or delivery arrangement.

B4.3 Rockstar Motors reserves the right to refuse delivery or deliver to the nearest safe location where access is restricted.

B4.4 Vehicles may be delivered by driver or transport service world-wide.

B4.5 Vehicles are supplied by the Owner as roadworthy at the time of delivery unless otherwise agreed in writing.

B5. CANCELLATION OF ORDER

B5.1 If the Purchaser fails to complete payment or take delivery within 14 days of notification that the Vehicle is available, the Broker may treat the contract as cancelled.

B5.2 In such circumstances, or where the Purchaser cancels outside of permitted rights, the Broker may resell the Vehicle at their discretion.

B5.3 The Broker may recover losses incurred from resale, including any shortfall against the agreed sale price, and may apply the Purchaser’s deposit against such losses.

B5.4 The Broker shall notify the Purchaser of any loss calculation within a reasonable period and may provide supporting documentation where available.

B5.5 The Broker may apply reasonable storage charges in accordance to these Terms and Conditions at E.10.6 – Storage, for any period the Vehicle remains uncollected or undelivered.

B6. RENTAL

B6.1 Where a Vehicle is used on a rental or hire basis, Rockstar Motors will apply a minimum daily charge of £60 plus VAT per day for Vehicles with a value up to £5,000 and £85 plus VAT per day for Vehicles with a value up to £10,000.

B6.2 Where a Vehicle has a value exceeding £10,000, the daily rental rate shall be quoted by Rockstar Motors and expressly agreed in writing prior to the commencement of any rental or hire arrangement.

B6.3 An administrative fee of £275 plus VAT, a handback fee of £275 plus VAT, and a mileage charge of £2 per mile will apply to all rental Vehicles unless otherwise agreed in writing.

SECTION C: VEHICLE RESERVATION

C1. PURPOSE OF RESERVATION

C1.1 The reservation system enables a Purchaser to reserve a Vehicle for an agreed period upon payment of a non-refundable Deposit. Purchasers are strongly advised to read Section B5 (Cancellation Policy), Section C3 (Deposits), and Section C6 (Refunds) of these Terms and Conditions before placing a reservation.

C2. RESERVATION PROCESS

C2.1 The Purchaser may reserve a Vehicle by completing the online reservation form on Rockstar Motors’ website and paying the specified non-refundable deposit.

C2.2 The deposit amount will be clearly displayed to the Purchaser prior to payment being processed.

C2.3 Upon successful payment, Rockstar Motors will issue a confirmation email containing reservation details and a unique reservation number.

C2.4 Payment of the deposit secures the Vehicle exclusively for the Purchaser for a period of 7 calendar days from the date of reservation confirmation, unless otherwise agreed in writing.

C3. PURPOSE AND NATURE OF DEPOSIT

C3.1 The Deposit is taken solely to secure the Vehicle for the Purchaser and to evidence genuine intent to proceed with the purchase. Upon payment of the Deposit, the Vehicle will be removed from sale and marketed as no longer available, and no further viewings will be conducted in reliance upon the Purchaser’s commitment to complete the purchase.

C3.2 The deposit shall be deducted from the final purchase price if the Purchaser completes the purchase.

C3.3 The deposit is non-refundable except as expressly set out in these Terms.

C4. RESERVATION PERIOD

C4.1 The standard reservation period is 7 calendar days from the date of reservation confirmation.

C4.2 During the reservation period, the Vehicle will be held exclusively for the Purchaser.

C4.3 The Seller/Owner and/or Broker will not sell or permit another Purchaser to reserve the same Vehicle during the reservation period.

C4.4 The Purchaser may request an extension to the reservation period. Any extension shall be at the sole discretion of the Seller/Owner and/or Broker and shall only be valid if confirmed in writing by email. No reliance shall be placed on any form of communication other than written email confirmation, including verbal statements or text messages.

C4.5 If the Purchaser does not complete the purchase, request an extension, or arrange a viewing within the reservation period, the Seller/Owner and/or Broker reserves the right to release the Vehicle back to the market from the eighth day following receipt of the reservation and Deposit, without further notice to the Purchaser.

C5. VIEWING AND INSPECTION

C5.1 The Purchaser may arrange a viewing, test drive and inspection of the reserved Vehicle during the reservation period or prior to completion.

C5.2 Viewings, test drives and inspections may be carried out by the Purchaser or a nominated third party.

C5.3 Viewings, test drives and inspections must be arranged via the contact details provided in the reservation confirmation.

C5.4 The Purchaser is strongly advised to view, test drive and inspect the Vehicle in person before completing the purchase.

C6. REFUND POLICY

C6.1 Any deposit paid by the Customer is non-refundable as it secures the vehicle and/or the Company’s services. The deposit shall be retained where the Customer withdraws, cancels, fails to complete the transaction, or otherwise prevents completion, except where the Company is legally required to refund such sums.

SECTION D: FINANCE ARRANGEMENT TERMS
D1. FINANCE APPLICATION
D1.1 If the Purchaser intends to purchase a Vehicle using finance, they must notify Rockstar Motors at the time of reservation or via the designated sales channel.

D1.2 It is the Purchaser’s responsibility to arrange their own finance independently.

D1.3 Rockstar Motors may introduce Purchasers to third-party finance providers for convenience only.

D1.4 Rockstar Motors is not a lender and does not provide regulated credit.

D1.5 Rockstar Motors does not act as a credit broker and does not arrange or advise on finance agreements.

D1.6 Any finance quotation is provided solely by the relevant third-party finance provider and is subject to their terms and approval processes.

D2. PURCHASER ACKNOWLEDGMENT
D2.1 The Purchaser acknowledges that finance approval is entirely at the discretion of the finance provider.

D2.2 Rockstar Motors accepts no responsibility for approval decisions or lending criteria.

D2.3 The Purchaser may be required to provide additional information or documentation directly to the finance provider.

D2.4 Finance processing times may vary and may require extension of any reservation period.
D3. FINANCE DOCUMENTATION AND PROCESS
D3.1 Any finance agreement entered into by the Purchaser is a separate legal contract between the Purchaser and the finance provider.

D3.2 Rockstar Motors is not a party to any finance agreement and assumes no responsibility for its terms, performance, or enforcement.

D3.3 The Purchaser may be required to sign documentation issued directly by the finance provider, and such documentation shall be subject to the finance provider’s own terms and conditions. The Purchaser shall also provide evidence of finance approval to the Broker, Rockstar Motors and/or Seller/Owner where applicable.

D3.4 Where a Purchaser withdraws from or terminates a finance agreement after delivery of the Vehicle, the Purchaser shall remain liable to settle any outstanding balance directly with Rockstar Motors and/or the Seller/Owner within 7 calendar days of the Vehicle Sale Agreement date.

D3.5 The Purchaser is strongly advised to review all finance documentation carefully before signing and to seek independent financial advice where appropriate.

D3.6 The Purchaser is responsible for ensuring affordability of any finance commitment for its full duration.

SECTION D: PART EXCHANGE TERMS

D1. OWNERSHIP AND TITLE

D1.1 Where Rockstar Motors agrees to accept a part exchange Vehicle as part payment for any goods, such acceptance is strictly subject to the conditions in this Section.

D1.2 The Purchaser warrants that they have full legal title to the part exchange Vehicle.

D1.3 The Vehicle must be free from any finance, security interest, charge, lien, or third-party claim unless expressly disclosed and agreed in writing (email) prior to acceptance.

D2. VEHICLE CONDITION AND REQUIREMENTS

D2.1 Where Rockstar Motors inspects the part exchange Vehicle prior to acceptance, the Vehicle must be delivered in the same condition as at the time of inspection, fair wear and tear excepted.

D2.2 Rockstar Motors reserves the right to reassess valuation or withdraw acceptance if the Vehicle is not delivered in the condition previously assessed.

D2.3 Rockstar Motors may reject or revalue a Vehicle where, after acceptance, it is discovered that the Vehicle has undisclosed faults, accident damage, replacement body panels, or misrepresented condition.

D2.4 All part exchange Vehicles must be supplied with:

(a) two sets of keys (where available);
(b) a complete service history and book pack (where available);
(c) the V5 registration document; and
(d) all original accessories (including but not limited to charging equipment, covers, and tools where applicable).

D2.5 Where the V5 is not provided at handover, Rockstar Motors may withhold £500 from the agreed allowance until received.

D2.6 The Purchaser warrants that the part exchange Vehicle is a UK specification Vehicle unless otherwise agreed in writing.

D3. DELIVERY AND TRANSFER OF OWNERSHIP

D3.1 The part exchange Vehicle shall be delivered to Rockstar Motors by the Buyer, on or before delivery or collection of the purchased Vehicle, unless otherwise agreed in writing (email).

D3.2 Where applicable, the part exchange Vehicle must be delivered no later than 7 calendar days after written notification that the purchased Vehicle is ready for collection or delivery.

D3.3 Title and ownership of the part exchange Vehicle shall pass to Rockstar Motors only upon physical delivery and acceptance of the Vehicle.

D4. VALUATION AND ADJUSTMENTS

D4.1 Where the Purchaser fails to deliver the part exchange Vehicle within the agreed timeframe, Rockstar Motors reserves the right to adjust the agreed valuation.

D4.2 Any adjustment may reflect market movement and depreciation and may be reduced by approximately 2.5% for each completed 30-day period beyond the agreed delivery date. This percentage is subject to change in accordance with market conditions.

D4.3 Where the Purchaser fails to comply with the conditions of this Section, Rockstar Motors shall be entitled to:

(a) withdraw acceptance of the part exchange Vehicle; and/or
(b) require payment of the full purchase price in cash without application of any allowance.

SECTION E: SALE OR RETURN TERMS

E1. BASIS OF SALE

E1.1 The Seller/Owner appoints Rockstar Motors (“the Broker”) as sole agent to market and sell the Vehicle under a Sale or Return agreement.

E1.2 The Vehicle is sold by the Broker as intermediary only, and the contract of sale is between the Purchaser and the Seller/Owner.

E1.3 The Seller/Owner authorises the Broker to price, market, negotiate, discount, and complete the sale of the Vehicle.

E1.4 Calculation of Net Sale Proceeds

The net sale proceeds payable to the Owner shall be calculated as the agreed sale price, less the following deductions:

(a) The Broker’s commission at £1500.00, as expressly agreed between the Broker and the Owner and confirmed on the SOR;

(b) Advertising and marketing costs incurred in connection with the Vehicle, calculated in accordance with the applicable charges set out in Section E10;

(c) Any applicable warranty costs payable by the Owner;

(d) Any collection, delivery or transportation charges payable by the Owner;

(e) Any applicable storage and forecourt occupancy charges;

(f) Any agreed disbursements, vehicle preparation costs, repairs, inspections or other services provided in connection with the Vehicle; and

(g) Any other fees, charges or sums properly payable by the Owner under this Agreement.

The Broker shall be entitled to deduct the applicable charges from the sale proceeds prior to remitting the remaining balance to the Owner.

The Broker shall provide the Owner with a statement identifying the applicable deductions and the resulting net sale proceeds.

E1.5 Payment of Sale Proceeds

E1.5.1 Sale proceeds shall become due and payable to the Owner within 30 working days following delivery or collection of the Vehicle by the Purchaser, provided that the transaction has completed and there are no outstanding matters affecting the sale.

E1.5.2 The Company shall be entitled to withhold, retain, deduct, or delay payment of all or part of the sale proceeds where there are any outstanding costs, charges, commissions, fees, expenses, liabilities, claims, complaints, disputes, investigations, legal proceedings, allegations, or other matters arising out of or connected with the Vehicle, the sale transaction, or the services provided by the Company.

E1.5.3 This includes, without limitation, circumstances where:

E1.5.4 Where any dispute, complaint, claim, or potential liability remains unresolved, the Company shall not be required to release the relevant sale proceeds until the matter has been concluded and the Company has established the final financial position. The Company shall act reasonably in assessing and resolving any such matter and shall account to the Owner for any remaining balance once all applicable deductions, liabilities, and obligations have been determined.

E1.5.5 For the avoidance of doubt, the date upon which payment becomes due shall not be calculated solely from delivery or collection of the Vehicle where there is an unresolved complaint, claim, dispute, or outstanding liability connected with the transaction.

E1.6 In the event of any dispute, claim, rejection, complaint or legal proceedings arising from the condition of the Vehicle, any undisclosed fault, defect, damage, adverse history, misdescription or any breach of the Owner’s warranties or representations under this Agreement, the Broker shall be entitled to withhold all or part of the sale proceeds pending resolution of the matter. The Owner shall be solely responsible for and shall indemnify and keep indemnified the Broker and the Purchaser against all losses, liabilities, damages, refunds, costs, expenses, professional fees and claims arising directly or indirectly from any such matter.

E1.6.1 Where it is determined that the Purchaser is entitled to compensation, a partial refund or rescission of the sale, the Broker shall be entitled to apply retained sale proceeds towards satisfaction of such amounts. If the sale is rescinded, the Purchaser may be refunded in whole or in part and the Vehicle returned to the Broker.

E1.7 The Owner shall remain liable for all commissions, fees, costs, expenses, transportation charges, storage charges, repair costs, administrative costs and any other sums due under this Agreement, and the Broker shall be entitled to retain possession of the Vehicle and refuse its release to the Owner until all outstanding sums have been paid in full. The parties acknowledge and agree that the Broker shall, following resolution of any such dispute, be placed in no worse financial position than if the Vehicle had been sold and delivered in the condition represented by the Owner and in accordance with this Agreement.

E2. PERMITTED DEDUCTIONS

E2.1 The Broker shall be entitled to deduct the following sums from the sale proceeds upon successful completion of the sale:

(a) The Broker’s commission, as expressly agreed between the Broker and the Owner;

(b) Advertising and marketing costs incurred in connection with the Vehicle, calculated in accordance with the applicable charges set out in Section E10;

(c) Any applicable warranty costs payable by the Owner;

(d) Collection, delivery and transportation charges payable by the Owner;

(e) Storage and forecourt occupancy charges, where applicable;

(f) Vehicle preparation, repairs, servicing, inspections and other services provided in connection with the Vehicle;

(g) Any agreed disbursements and other operational or administrative costs properly payable under this Agreement;

(h) Any other fees, charges or sums properly due from the Owner under this Agreement; and

(i) Applicable VAT.

E3. OWNER WARRANTIES AND OBLIGATIONS

E3.1 The Owner warrants full legal ownership of the Vehicle.

E3.2 The Vehicle is free from all encumbrances unless disclosed in writing.

E3.3 The Owner shall provide all relevant paperwork upon request.

E3.4 The Owner confirms all information provided is accurate and not misleading.

E3.5 Disclosure of Material Facts

E3.5.1 The Owner warrants, represents, and undertakes that they shall disclose to the Company, fully, accurately, and in good faith, all material facts, information, history, defects, issues, alterations, or circumstances relating to the Vehicle which may affect its value, condition, safety, legality, marketability, desirability, or a Purchaser’s decision to purchase the Vehicle.

E3.5.2 A material fact includes, but is not limited to:

a) any modifications, alterations, upgrades, or non-standard equipment fitted to the Vehicle, including the date fitted and details of the work carried out;

b) any hand controls, disability adaptations, mobility equipment, or accessibility modifications;

c) any cosmetic repairs, bodywork repairs, paintwork repairs, smart repairs, restoration work, or rectification carried out, regardless of value;

d) any previous accident damage, insurance claims, non-insurance repairs, Category N or Category S damage, or any other damage history;

e) any mechanical, electrical, diagnostic, intermittent, or safety-related issues, including faults which have been temporarily repaired, concealed, cleared, reset, or are not currently displaying symptoms;

f) any warning lights, fault codes, diagnostic issues, dashboard alerts, or errors which have been cleared, reset, removed, or otherwise suppressed;

g) any ECU remapping, tuning, performance modifications, software alterations, coding changes, or aftermarket calibration;

h) any previous engine, gearbox, drivetrain, suspension, braking, electrical, or other significant repairs or replacements;

i) any outstanding recalls, manufacturer campaigns, known defects, or issues identified by the manufacturer or a repairer;

j) the complete MOT history of the Vehicle, including any previous MOT failures, advisories, dangerous defects, major defects, or items requiring attention;

k) the current MOT status, expiry date, and any known issues which may affect the Vehicle’s ability to pass an MOT or remain roadworthy;

l) the complete service history of the Vehicle, including missing service records, overdue servicing, incomplete maintenance history, non-standard servicing, replacement service books, or any uncertainty regarding maintenance carried out;

m) the accuracy of the Vehicle’s mileage and any circumstances which may affect the reliability of the mileage reading, including mileage discrepancies, replacement instrument clusters, or mileage corrections;

n) details of all keys supplied with the Vehicle, including whether the Vehicle has one key, two keys, replacement keys, damaged keys, non-functioning keys, or missing original keys;

o) the availability and condition of all vehicle documentation, including the V5C registration document, service records, manuals, invoices, locking wheel nut key, security codes, and any other items supplied with the Vehicle;

p) any previous use of the Vehicle including commercial use, fleet use, hire/rental use, taxi or private hire use, driving instruction use, or any other intensive usage;

q) any outstanding finance, ownership issues, registration issues, insurance restrictions, or legal matters affecting the Vehicle;

r) any history of water damage, flood damage, fire damage, theft recovery, salvage involvement, or any other event which may affect the Vehicle’s value or condition;

s) any previous failed sales, rejected transactions, buyer complaints, warranty claims, disputes, or legal claims relating to the Vehicle;

t) any other fact, circumstance, defect, history, or information which a reasonable purchaser would consider relevant when deciding whether to purchase the Vehicle or the price they would be willing to pay.

E3.5.3 The Owner acknowledges that the Company relies upon the information provided by the Owner when photographing, advertising, marketing, negotiating, and arranging the sale of the Vehicle. The Owner remains solely responsible for ensuring that all information supplied is complete, accurate, current, and not misleading.

E3.5.4 The Owner shall immediately notify the Company of any new information, defect, complaint, issue, or circumstance arising before completion of the sale which may affect the Vehicle or the transaction.

E3.5.5 Failure by the Owner to disclose any material fact, whether intentionally, negligently, or otherwise, shall constitute a breach of this Agreement. The Owner shall be responsible for all losses, costs, liabilities, refunds, claims, complaints, legal proceedings, expenses, damages, and other liabilities incurred by the Company arising from or connected with any inaccurate, incomplete, misleading, or omitted information supplied by the Owner.

E3.6 Owner Confirmation and Warranty of Disclosure

E3.6.1 The Owner confirms, warrants, and represents that they have fully disclosed to the Company all information required under the preceding paragraphs and any other information which a reasonable purchaser would consider relevant or which might reasonably be expected to influence a prospective Purchaser’s decision to purchase the Vehicle, the value attributed to the Vehicle, or the terms upon which the Vehicle is offered for sale.

E3.6.2 The Owner specifically confirms that they have disclosed, without limitation:

a) any existing damage, defects, faults, issues, or deterioration affecting the Vehicle;

b) any known mechanical, electrical, diagnostic, safety, or performance issues, including any intermittent or previously occurring faults;

c) any accident history, insurance claim history, non-insurance repairs, body repairs, or write-off categorisation including Category S or Category N classification;

d) whether the Vehicle has ever been reported stolen, recovered following theft, subject to police involvement, or subject to any insurance investigation;

e) whether the Vehicle has been subject to any manufacturer recall, safety campaign, technical service bulletin, or outstanding remedial work;

f) any matters relating to the Vehicle’s mileage, including any mileage discrepancies, replacement instrument clusters, mileage corrections, or uncertainty regarding mileage accuracy;

g) the complete MOT history, including previous MOT failures, advisories, dangerous defects, major defects, or items requiring attention;

h) the complete service history, including missing records, overdue servicing, incomplete maintenance history, replacement service documentation, or any uncertainty regarding servicing carried out;

i) the number and condition of keys supplied with the Vehicle, including any missing, damaged, replacement, or non-functioning keys;

j) the availability and condition of all Vehicle documentation, including the V5C registration document, service records, manuals, invoices, locking wheel nut key, security codes, and any other items supplied with the Vehicle;

k) any modifications, alterations, upgrades, tuning, remapping, software changes, or non-standard equipment fitted to the Vehicle;

l) any previous use of the Vehicle including commercial use, fleet use, hire or rental use, taxi or private hire use, driving instruction use, or other intensive use;

m) any outstanding finance, ownership issues, registration issues, insurance restrictions, or legal matters affecting the Vehicle;

n) any previous failed sales, rejected transactions, purchaser complaints, warranty claims, disputes, or legal claims relating to the Vehicle; and

o) any other fact, circumstance, defect, history, or information which a reasonable purchaser would consider relevant when deciding whether to purchase the Vehicle or the price they would be willing to pay.

E3.6.3 The Owner acknowledges that the Company relies upon the accuracy and completeness of the information provided by the Owner when photographing, advertising, marketing, negotiating, and facilitating the sale of the Vehicle.

E3.6.4 The Owner warrants that all information supplied to the Company:

a) is accurate, complete, current, and not misleading;

b) does not omit any information which may affect the Vehicle’s value, condition, safety, legality, or desirability; and

c) has been provided honestly and to the best of the Owner’s knowledge and belief.

E3.6.5 The Owner shall immediately notify the Company of any new information, defect, issue, complaint, damage, repair, investigation, or circumstance arising before completion of the sale which may affect the Vehicle or the transaction.

E3.6.6 Any failure by the Owner to disclose relevant information, whether by omission, error, negligence, or otherwise, shall constitute a breach of this Agreement.

E3.6.7 The Owner shall remain responsible for all losses, costs, liabilities, claims, refunds, expenses, legal proceedings, damages, and other consequences suffered or incurred by the Company arising from or connected with any undisclosed, inaccurate, incomplete, or misleading information relating to the Vehicle.

E3.7 The Owner shall pay £55 plus VAT per pre-sale inspection carried out.

E3.8 The Owner shall supply two keys, V5, and service documentation where available.

E3.9 The Owner warrants UK specification unless otherwise agreed.

E3.10 The Owner shall be responsible for, and shall indemnify and keep indemnified the Broker against, any losses, liabilities, costs, expenses, damages, or claims reasonably incurred arising out of or in connection with the Broker acting as agent for the Seller/Owner under this agreement, including any claims made by a Purchaser arising from or relating to any material misrepresentation, omission, or inaccuracy in the information provided by the Owner in relation to the Vehicle.

E3.11 This indemnity shall include reasonable administration costs for time spent in dealing with the claim, legal costs and expenses incurred in defending such claims.

E3.12 Where a Purchaser raises any dispute, allegation, or claim relating to non-disclosure and/or any alleged breach of these Terms by the Seller/Owner, including any circumstance where there is a possibility or assertion that the Vehicle may be rejected by the Purchaser under any circumstances, the Broker shall be entitled, at its sole discretion, to withhold and retain any Sale Proceeds (in whole or in part) pending full resolution of the dispute. The Broker shall not be obliged to release any funds until such dispute has been resolved to its reasonable satisfaction, whether by agreement between the parties or final determination.

E3.13 The Owner’s liability under this clause shall not extend to losses arising from the Broker’s negligence, wilful misconduct, or breach of this Agreement.

E3.14 Where the Purchaser is refunded the Sale Proceeds in part or in full, as a result of the Seller’s/Owner’s breach of these Terms and Conditions, the Broker will be entitled to recover any and all losses resulting from that transaction as per the initial Sale Price agreed.

E3.15 The Broker shall be entitled to retain and deduct from the sale proceeds all sums properly due under this Agreement, including the agreed commission, advertising and marketing costs calculated individually in accordance with Section E10, and any other applicable contractual charges.

E3.16 This indemnity survives termination.

E4. BROKER OBLIGATIONS

The obligations of the Broker under this clause are material obligations of this Agreement.

E4.1 Vehicle Inspection and Preparation

E4.1.2 The Broker shall carry out a visual vehicle health check upon receipt of the Vehicle and shall not be responsible for any pre-sale inspection. The Broker may arrange a pre-sale inspection where reasonably required and agreed by the Owner prior to the sale of the Vehicle, with any such costs to be borne by the Owner/Seller. Any remedial works identified shall be notified to the Owner in advance and shall only be carried out with the Owner’s prior approval, except where such works are necessary for road safety or legal compliance.

E4.2 Cooperation, Access and Scheduling

E4.2.1 General Cooperation Obligation

E4.2.2 The Owner shall provide full, timely and continuous cooperation with the Broker and shall not hinder, delay, restrict or obstruct the Broker in carrying out any inspection, preparation, marketing activity, remedial works, viewing, test drive, valuation, sale activity or any other activity reasonably required in connection with the sale of the Vehicle.

E4.2.3 The Owner acknowledges that time is of the essence in relation to all obligations under this Agreement.

E4.2.4 In the event of any refusal, failure, delay or obstruction by the Owner which materially affects the Broker’s ability to perform its obligations or progress the sale of the Vehicle, the Broker shall be entitled, without prejudice to any other rights or remedies available to it, to:

(a) issue written notice requiring the breach to be remedied within a reasonable period specified by the Broker;

(b) suspend all marketing and sale activities relating to the Vehicle;

(c) terminate this Agreement with immediate effect; and/or

(d) recover all reasonable costs, expenses, charges and fees incurred or committed to by the Broker in connection with the Vehicle.

E4.2.5 Access and Scheduling Arrangements (Non-Deposited Vehicles)

E4.2.6 Where the Owner elects not to leave the Vehicle in the custody or possession of the Broker, the Owner agrees that all viewings, inspections, test drives and related appointments shall be conducted strictly in accordance with a written schedule agreed between the parties at the commencement of this Agreement (the “Schedule”).

E4.2.7 The Schedule shall form part of this Agreement and the Owner acknowledges that the Broker shall be entitled to rely upon the availability of the Vehicle and the Owner when arranging appointments with prospective purchasers.

E4.2.8 Availability of Vehicle – The Owner shall ensure that the Vehicle is made available at all agreed dates and times and shall ensure that the Vehicle remains in a clean, presentable, roadworthy and legally compliant condition for all viewings, inspections and test drives.

E4.2.9 All confirmed appointments shall constitute binding commitments by the Owner.

E4.2.10 Failure to Attend or Reschedule – Where the Owner is unable to comply with the Schedule or attend any confirmed appointment, the Owner shall provide the Broker with not less than three (3) clear working days’ prior written notice and shall simultaneously propose no fewer than two (2) reasonable alternative dates and times.

E4.2.11 Failure to provide the required notice, repeated cancellations, failure to attend appointments, or any conduct which adversely affects the marketing or sale of the Vehicle shall constitute a material breach of this Agreement.

E4.2.12 Withdrawal of Vehicle from Broker’s Possession – Where the Owner requests the withdrawal, return or removal of the Vehicle before completion of a successful sale, such request shall be treated as a cancellation of the Sale or Return Agreement and shall be subject to the applicable cancellation provisions of this Agreement.

E4.2.13 Upon cancellation, the Owner shall remain liable for the applicable cancellation fee, together with advertising, marketing, administration and other costs properly payable under this Agreement and calculated in accordance with the applicable charges set out in Section E10.

E4.2.14 The cancellation fee shall apply irrespective of whether the cancellation takes place during the initial ninety (90) day Sale Period or following expiry of that period and completion of the required thirty (30) day notice period.

E4.2.15 The Owner shall also remain responsible for any separately payable charges properly due under the Agreement, including collection, delivery or transportation costs, authorised repairs or specialist services, and applicable storage and forecourt occupancy charges.

E4.2.16 The Owner shall settle the applicable cancellation invoice and arrange collection of the Vehicle in accordance with the payment and collection provisions of this Agreement.

E4.2.17 Where the Vehicle is subsequently sold following its withdrawal or return, any additional commission or other sums claimed by the Broker shall be subject to Clause E5.3 and the applicable provisions of this Agreement.

E4.3 Marketing and Sale Efforts

E4.3.1 Following completion of inspection and any agreed remedial works, the Broker shall use reasonable endeavours to market and promote the Vehicle for sale and to secure a Purchaser within a reasonable timeframe. The parties acknowledge that market conditions may fluctuate and agree that pricing and marketing strategy shall be reviewed no later than 90 days from initial listing and thereafter on an ongoing commercial basis.

E4.4 Reliance on Information

E4.4.1 The Broker shall market and represent the Vehicle in reliance upon the information provided by the Owner. The Broker shall be entitled to rely on all disclosures made by the Owner regarding condition, history, specification, mileage, and provenance.

E4.5 Insurance and Risk Management

E4.5.1 The Broker may maintain motor trade insurance in respect of the Vehicle while in its possession or control, limited to trade value and subject always to the terms, conditions, exclusions, and limitations of the Broker’s policy. Such insurance is provided on a secondary basis only. The Owner shall remain responsible for maintaining comprehensive insurance cover for the Vehicle at all times and acknowledges that the Broker accepts no liability beyond the scope of its insurance cover.

E4.6 Custody, Title and Sale Proceeds

E4.6.1 The Broker acts at all times as agent of the Owner in relation to the marketing and sale of the Vehicle. The Vehicle shall remain the property of the Owner until sold to a Purchaser, at which point legal and beneficial title shall pass directly from the Owner to the Purchaser upon completion of the sale.

E4.7 The Broker shall receive and hold all sale proceeds as stakeholder pending completion of the transaction and resolution of any disputes.

E4.7.1 The Broker shall be entitled to deduct from the sale proceeds the agreed commission, advertising and marketing costs calculated individually in accordance with Section E10, applicable warranty costs, collection, delivery or transportation charges, authorised repairs, preparation costs, administration and operational charges, and any other sums properly due under this Agreement.

E4.7.2 The Owner agrees that receipt of sale proceeds by the Broker shall constitute good discharge of the Purchaser’s payment obligation, and that the Broker shall only account to the Owner following deduction of all sums due.

E4.7.3 The Owner acknowledges that settlement is conditional upon completion of the sale and full compliance with this Agreement, and that the Broker shall have a contractual lien over both the Vehicle and any sale proceeds for all sums due, whether present or future.

E4.7.4 The Owner waives any right to require simultaneous exchange of title and funds outside the process set out in this Agreement.

E4.8 Maintenance During Storage

E4.8.1 The Broker shall take reasonable steps to maintain the Vehicle in a safe and presentable condition during storage, including maintaining battery charge where appropriate.

E4.9 Collection on Termination

E4.9.1 Upon termination of the Sale or Return Agreement, the Owner shall settle all sums properly due under the Agreement, including the applicable cancellation fee of £1,000 plus VAT, advertising and marketing costs, administration and operational charges, and any other applicable contractual costs.

The Owner shall arrange collection of the Vehicle within seven (7) calendar days in accordance with Clause E10.6.

Where the Vehicle remains uncollected following expiry of the applicable seven-day period, storage and forecourt occupancy charges shall apply from and including the eighth (8th) calendar day at the rate of £30 plus VAT per Vehicle per day.

E4.10 The rights and remedies contained in this Clause (E4) shall survive the termination, expiry, withdrawal or completion of any Agreement entered into between the Seller and Broker.

E5. SALE OF THE VEHICLE 

E5.1 Sale Period, Exclusivity and Termination

E5.1.1 The Owner appoints the Broker as its exclusive agent to market and sell the Vehicle for an initial minimum period of ninety (90) calendar days commencing on the date the Vehicle is first advertised for sale by the Broker (the “Initial Sale Period”).

E5.1.2 Upon expiry of the Initial Sale Period, the Sale or Return Agreement shall automatically continue on a rolling basis until terminated by either Party in accordance with this Agreement.

E5.1.3 Following expiry of the Initial Sale Period, either Party may terminate the Agreement by providing not less than thirty (30) calendar days’ written notice to the other Party.

E5.1.4 The Agreement shall remain in full force and effect throughout the notice period, during which the Broker shall remain entitled to market and sell the Vehicle in accordance with the terms of this Agreement.

E5.1.5 Where the Owner cancels or terminates the Agreement before completion of a successful sale, the Owner shall remain liable for the applicable cancellation fee, together with advertising, marketing, administration and other charges properly payable under this Agreement, calculated in accordance with the applicable provisions of Section E10.

E5.1.6 Where the Owner serves the required thirty (30) days’ written notice following expiry of the Initial Sale Period, termination shall take effect upon expiry of that notice period.

E5.1.7 Upon termination taking effect, the Owner shall settle all sums properly due under the Agreement, including the applicable cancellation fee, advertising and marketing costs, and any other fees, charges or costs payable under this Agreement. The Owner shall arrange collection of the Vehicle in accordance with the applicable payment and collection provisions of this Agreement.

E5.1.8 Nothing in this clause shall exclude or restrict any statutory right of cancellation or termination available to the Owner.

E5.2 Exclusive Agency – During the Sale Period, the Broker shall have the exclusive right to market and sell the Vehicle. The Owner shall not advertise, market, or offer the Vehicle for sale privately or through any other party during this period.

E5.2.1 The Owner acknowledges that duplicate or competing advertisements may adversely affect the marketing of the Vehicle, including but not limited to reduced buyer confidence, pricing inconsistencies, and delays in achieving a sale.

E5.3 Post-Termination Commission Protection

Where the Owner sells the Vehicle following termination of the Sale or Return Agreement to a Purchaser introduced by the Broker during the term of the Agreement, or where the sale results directly or indirectly from the Broker’s advertising, marketing, promotional activities or introduction of the Purchaser, the Broker shall remain entitled to its agreed commission in accordance with the terms of this Agreement.

The Owner shall remain liable for any advertising, marketing, administration and other charges properly incurred and payable under the Agreement, calculated in accordance with the applicable provisions of Section E10.

Any sums already paid by the Owner in respect of the same services or transaction shall be taken into account when calculating the outstanding balance to avoid duplicate recovery.

E5.4 Binding Sale Agreement – Where a purchase price is agreed with a Purchaser and accepted by the Owner, and a deposit has been taken, the Broker shall issue a Purchase Order confirming the agreed terms. Once issued and accepted, the Owner shall not withdraw from the sale or terminate this agreement in respect of that transaction.

E6. TEST DRIVE POLICY

All test drives shall be supervised by the Broker or an authorised representative at all times. No unaccompanied test drives are permitted under any circumstances.

E7. TERMINATION AND COLLECTION TIMING

E7.1 Termination

Following expiry of the initial ninety (90) day Sale Period, either Party may terminate the Sale or Return Agreement by providing not less than thirty (30) calendar days’ written notice.

Where the Owner cancels or terminates the Agreement before completion of a successful sale, the Owner shall remain liable for the applicable cancellation fee, together with advertising, marketing, administration and any other fees, charges or costs properly payable under this Agreement, calculated in accordance with the applicable provisions of Section E10.

E7.2 Payment and Collection

Upon termination taking effect, the Owner shall settle all sums properly due under the Agreement, including the applicable cancellation fee, advertising and marketing costs, and any other fees, charges or costs payable under this Agreement.

The Owner shall settle the applicable cancellation invoice and arrange collection of the Vehicle within seven (7) calendar days in accordance with Clause E10.6.

Where the Vehicle remains uncollected following expiry of that period, storage and forecourt occupancy charges shall apply from and including the eighth (8th) calendar day at the rate of £30 plus VAT per Vehicle per day, in accordance with Clause E10.6.

The Owner shall remain responsible for all separately payable charges properly due under the Agreement until the Vehicle has been collected, subject to the applicable provisions of this Agreement.

E8. LIMITATION OF LIABILITY AND VEHICLE CONDITION

E8.1 The Owner confirms that all known faults, repairs, service history, damage, recalls, insurance claims, and theft markers have been fully disclosed to the Broker upon delivery of the Vehicle. The Broker shall carry out a visual inspection of the Vehicle and notify the Owner of any apparent issues identified upon receipt.

E8.2 The Broker may, where reasonably necessary, arrange or carry out remedial works to prepare the Vehicle for sale. Unless otherwise agreed in writing, the cost of any such works shall be payable by the Owner.

E8.3 The Vehicle may be covered under the Broker’s motor trade insurance whilst in its custody or control, subject to the terms, conditions, exclusions, and limitations of the policy. Such cover does not extend to mechanical or electrical failure arising from wear and tear or pre-existing defects. The Owner remains solely responsible for maintaining appropriate insurance cover for the Vehicle at all times in accordance with Clause E4.5.

E8.4 Where a Purchaser raises any complaint, claim, or dispute relating to the condition, description, defects, or history of the Vehicle, the Broker shall notify the Owner without undue delay and shall be entitled to refer such matters directly to the Owner for resolution.

E8.5 The Purchaser acknowledges and agrees that all claims relating to the condition, quality, history, mileage, specification, or defects of the Vehicle shall be made directly against the Owner and not the Broker, who acts solely as an intermediary and agent for the Owner in respect of the sale. The Broker shall bear no responsibility or liability for any such matters.

E9. TERMINATION BY BROKER

The Broker may terminate this agreement immediately upon written notice if:

E9.1 Refusal of Required Works

E9. TERMINATION BY BROKER AND CANCELLATION CHARGES

E9.1 Refusal of Required Works

Where the Owner refuses to authorise remedial works reasonably required to prepare the Vehicle for sale, the Broker may terminate the Agreement in accordance with its applicable termination provisions.

Where termination results from a material breach by the Owner, the Broker shall be entitled to recover the applicable cancellation fee, together with advertising, marketing, administration and any other fees, charges or costs properly payable under this Agreement.

E9.2 Refusal of Sale Recommendation

Where the Owner unreasonably refuses to accept a bona fide offer recommended by the Broker, the Broker may terminate the Agreement in accordance with its applicable termination provisions.

Where such termination results from a material breach of the Agreement by the Owner, the Broker shall be entitled to recover the applicable cancellation fee, together with advertising, marketing, administration and any other fees, charges or costs properly payable under this Agreement.

E9.3 Cooling-Off and Statutory Cancellation Rights

The Owner’s contractual rights of cancellation and termination shall be governed by the provisions of this Agreement.

Nothing in these Terms shall exclude, restrict or prejudice any statutory cancellation or cooling-off rights available to the Owner under applicable consumer protection legislation.

E9.4 Cancellation and Early Termination Charges

E9.4.1 Where the Owner elects to cancel or terminate the Sale or Return Agreement before completion of a successful sale, the Owner shall remain liable for a fixed cancellation and early termination fee of £1,000 plus VAT, together with all applicable advertising, marketing, administration, operational and other costs properly payable under this Agreement.

E9.4.2 The cancellation fee shall apply irrespective of whether the Owner cancels during the initial ninety (90) day Sale Period or following expiry of that period and completion of the required thirty (30) day notice period, subject to applicable statutory rights and the enforceability of the charge.

E9.4.3 Advertising, marketing, administration and operational costs shall be calculated individually in accordance with the applicable charges set out in Section E10 and shall be payable in addition to the cancellation fee.

E9.4.4 The Owner shall also remain responsible for any separately payable charges properly due under this Agreement, including authorised repairs, preparation, collection, delivery, transportation and storage and forecourt occupancy charges.

All charges shall remain subject to the applicable provisions of this Agreement and applicable law.

E9.4.5 The Owner shall also remain responsible for any separately payable charges properly due under this Agreement, including collection, delivery or transportation costs, authorised repairs or specialist services, and storage and forecourt occupancy charges accruing in accordance with Clause E10.6.

E9.4.6 Where the Owner serves the required thirty (30) days’ written notice following expiry of the Initial Sale Period, termination shall take effect upon expiry of that notice period.

E9.4.7 Upon termination taking effect, the Owner shall settle all sums properly due under the Agreement, including the applicable cancellation fee, advertising and marketing costs, and any other fees, charges or costs payable under this Agreement.

E9.4.8 The Owner shall settle the applicable cancellation invoice and arrange collection of the Vehicle within seven (7) calendar days in accordance with Clause E10.6.

E9.4.9 Nothing in this clause shall exclude or restrict any statutory right of cancellation or termination available to the Owner, or require payment of any charge that would be unlawful or unenforceable.

E10. Marketing, Selling and Operational Costs

E10. Marketing and Selling costs

E10.1 Advertising Platforms & Portals

E10.2 Social Media & Digital Marketing

E10.3 Vehicle Presentation Costs

E10.4 Mechanical & Maintenance Costs

E10.5 Administrative Costs (plus VAT)

E10.6 Operational Costs including but not limited to Storage and Forecourt Occupancy Charges  (plus VAT)

E10.6aThe Owner acknowledges that any Vehicle placed with the Broker under a Sale or Return Agreement occupies valuable storage, display, marketing and forecourt space which would otherwise be available for the storage, display and sale of other vehicles.

E10.6b Accordingly, the parties agree that a storage and forecourt occupancy charge of £30 plus VAT per day shall accrue in respect of each Vehicle from the date the Vehicle first arrives at the Broker’s premises until the date the Vehicle leaves the Broker’s possession or control.

E10.6c The parties acknowledge and agree that such charge represents a reasonable contribution towards the Broker’s storage costs, business overheads, site costs, insurance, security, vehicle maintenance obligations, and the loss of opportunity associated with allocating sales and display space to the Vehicle.

E10.6.1 Waiver of storage and forecourt occupancy charges following successful sale, where:

(a) the Vehicle is successfully sold through the Broker; and

(b) the Broker receives the minimum agreed Sale or Return commission of £1,500 plus VAT (or such other commission as may be agreed in writing between the parties); and

(c) all marketing, advertising, preparation, administration and other agreed costs have been paid or deducted from the sale proceeds,

the Broker shall waive and not charge any storage and forecourt occupancy charges accrued under clauses E9.1 and E10.6.

E10.6.2 Charges Following Termination or Cancellation

Where the Sale or Return Agreement is terminated, cancelled, withdrawn, expires without sale, or the Vehicle is removed from the Broker’s possession before completion of a sale, all storage and forecourt occupancy charges accrued under clause E9.1 and E10.6 shall immediately become due and payable by the Owner.

Such charges may be deducted from any sums held by the Broker and/or invoiced separately to the Owner.

E10.6.3 Collection Following Termination

Storage and forecourt occupancy charges shall continue to accrue until the Vehicle is physically collected by the Owner or removed from the Broker’s premises following termination, cancellation or expiry of the Sale or Return Agreement.

E10.6.4 Payment Prior to Release of Vehicle

Where any storage and forecourt occupancy charges, commission, marketing costs, advertising costs, preparation costs, administration charges, repair costs, transport costs, or any other sums are due and payable by the Owner under this Agreement, such sums shall be paid in full and cleared funds received by the Broker prior to the release or collection of the Vehicle.

The Broker shall be entitled to retain possession of the Vehicle and refuse collection, release, transport, or delivery of the Vehicle until all outstanding sums have been paid in full.

The Owner acknowledges and agrees that the Broker’s right to retain possession of the Vehicle shall operate in addition to, and not in substitution for, the Broker’s contractual lien and right of retention contained in Clause F1 of these Terms and Conditions.

For the avoidance of doubt, where any invoice remains outstanding, the Broker shall have no obligation to permit collection of the Vehicle until the Debt has been discharged in full.

E10.6.5 General Payment Obligation

All charges set out within Section E10 (including but not limited to storage and forecourt occupancy charges, marketing costs, advertising costs, preparation costs, administrative charges, and any other listed fees) shall be deemed contractually agreed, immediately due where applicable under this Agreement, and payable in full by the Owner.

For the avoidance of doubt, all sums properly incurred or accrued under Section E10 shall constitute “sums due” for the purposes of Clause F1 (Contractual Lien and Right of Retention).

E.10.7.1. Time-Based Administration Charges

The Owner agrees that the Broker may charge for time reasonably spent in the administration and recovery of overdue sums at a rate of:

Such time may include (but is not limited to) account review, payment chasing, correspondence, and debt administration.

E.10.7.2. Fixed Administrative Communication Charges

Where payment is overdue, the following reasonable administrative charges may be applied per occurrence, plus VAT:

These charges reflect administrative time and processing costs associated with debt recovery.

E.10.7.3. Debt Recovery and Enforcement Costs

Where the matter is referred externally or escalated, the Owner agrees to be liable for all reasonable and proportionate costs actually incurred, including:

Such costs will be recoverable to the extent permitted by law and subject to court assessment where applicable.

E.10.7.4. Electronic Communication Charges (Where Applicable)

Where automated or repeated arrears communications are required beyond normal correspondence, the following may apply:

These charges apply only where such systems are actively used as part of arrears management.

E.10.7.5. Legal Costs

The Owner agrees that, in the event of default, they may be liable for:

Any legal costs awarded will be subject to court assessment and reasonableness.

E.10.7.6. Defamation / Reputational Harm

Where the Owner makes false statements that are found to be defamatory under applicable law, the Broker reserves the right to seek damages and recover:

Any claim for reputational damage will be assessed and quantified based on evidence of actual loss and legal advice, and will not be pre-determined or automatic.

E.10.7.7. General Principle

All charges under this clause are intended to reflect reasonable pre-estimates of loss and administrative cost, and shall be applied in accordance with applicable law, including the Consumer Rights Act 2015 and general principles of contractual fairness and proportionality.

E10.8 Indicative Aggregate Costs

The total costs associated with marketing, preparing, advertising and administering a Vehicle under the Sale or Return Agreement shall be calculated in accordance with the applicable individual charges set out in Section E10.

E10.9 Variation in Costs

The actual costs applied in respect of any individual Vehicle may vary depending on the specific services required, the Vehicle’s condition, marketing duration, advertising activities undertaken and third-party supplier pricing.

E10.10 Itemisation of Costs

All applicable advertising, marketing, preparation, administration and operational costs shall be itemised and applied transparently to each Vehicle file.

The final amount payable shall be calculated by reference to the applicable contractual rates and the services provided or costs properly incurred in connection with the Vehicle.

E10.11 Additional Costs

Any material deviation from the applicable contractual charges shall be communicated to the Owner prior to or at the time such costs are incurred, where reasonably practicable.

E10.12 External / Optional Services

E10.13 Total Cost Acknowledgement

The Owner acknowledges that the applicable costs listed in Section E10 are individually calculated contractual charges and shall be payable in accordance with this Agreement.

Such costs shall be payable in addition to the Broker’s agreed commission and, where the Agreement is cancelled or terminated, the applicable cancellation fee and any other sums properly due under this Agreement.

The Broker shall be entitled to deduct applicable charges from the sale proceeds upon successful completion of a sale or issue an invoice for sums properly due following cancellation or termination.

All charges shall remain subject to the applicable provisions of this Agreement and applicable law.

SECTION F: ADDITIONAL LEGAL PROVISIONS

F1. CONTRACTUAL LIEN AND RIGHT OF RETENTION

F1.1 Lien Grant – The Owner acknowledges and agrees that the Broker shall have a contractual lien over the Vehicle and any other property of the Owner in the Broker’s possession from time to time, as security for any and all sums due or which may become due under this Agreement.

F1.1.1 Such lien shall continue until all amounts owing to the Broker have been paid in full and shall entitle the Broker to retain possession of the Vehicle and/or any sale proceeds until full settlement of all outstanding obligations.

F1.2 Secured Amounts

Subject to applicable law, the contractual lien shall secure sums properly due and payable under the Agreement, including:

(a) Outstanding brokerage commission, where applicable;

(b) The applicable cancellation fee payable under Clause E9.4;

(c) Advertising and marketing costs calculated individually in accordance with the applicable charges set out in Section E10;

(d) Storage and forecourt occupancy charges properly accrued under Clause E10.6;

(e) Agreed collection, delivery, transportation or recovery costs;

(f) Authorised preparation, repair, inspection or refurbishment costs;

(g) Applicable administration and operational costs properly payable under the Agreement; and

(h) Any other fees, charges or costs expressly agreed between the Parties and properly due under this Agreement.

The above sums shall collectively constitute the “Debt” for the purposes of this clause.

F1.3 Enforcement

F1.3.1 Where any Debt remains unpaid after becoming due, the Broker shall provide the Owner with written notice specifying:

(i) The amount outstanding;

(ii) The contractual basis upon which payment is claimed; and

(iii) A breakdown of the applicable cancellation fee, advertising, marketing, administration, operational and other charges properly payable under the Agreement.

F1.3.2 Where costs relate to marketing or promotional activity carried out through third-party platforms or internal resources, including social media advertising, content creation, posting, reposting, enquiry handling and associated administrative time, the Owner acknowledges that such costs may not always be capable of itemisation on a per-action basis.

In such circumstances, costs shall be calculated in accordance with the applicable contractual rates set out in Section E10 and any additional charges expressly agreed between the Parties.

F1.3.3 At the commencement of any marketing and listing activity, the Broker shall prepare and maintain a marketing schedule or checklist identifying the platforms, websites and promotional channels on which the Vehicle is to be advertised, together with the applicable charges set out in Section E10.

The Broker shall retain records of the advertising, marketing and promotional activities undertaken in relation to the Vehicle, including relevant listing dates, campaign activity, updates and associated costs.

Such records shall be made available to the Owner upon reasonable request and may be provided with the final invoice following a successful sale or cancellation of the Agreement.

F1.3.4 The Owner acknowledges that the marketing schedule, together with records of advertising, promotional activities, associated administration and applicable contractual charges, may be relied upon by the Broker in calculating and substantiating sums properly due under this Agreement.

The Broker shall maintain appropriate records of the services provided and charges incurred in connection with the Vehicle.

F1.4 Enforcement

F1.4.1 Where any sum secured under this clause remains unpaid after becoming due, the Broker shall provide the Owner with written notice specifying the amount outstanding and the contractual basis upon which payment is claimed.

F1.4.2 Where the outstanding amount relates to the fixed cancellation fee, the Broker shall identify the applicable contractual charge without requiring the individual advertising, marketing, commission or administration activities included within that fixed charge to be separately priced.

F1.4.3 The replacement F1.3.3 above removes the requirement to calculate individual marketing charges from the existing advertising schedule. The Broker should nevertheless maintain an internal record of the advertising and marketing services undertaken for each Vehicle.

F1.4.4 The Broker shall retain appropriate records of the services provided, charges incurred and contractual sums claimed, and shall provide relevant supporting information where reasonably required or legally necessary.

F1.5 Sale of Property

Where enforcement is exercised, the Broker may sell the Property by:

The Broker will act reasonably in determining the method of sale and price.

Sale proceeds shall be applied strictly in the following order:

  1. Reasonable costs of enforcement and sale
  2. Outstanding Debt
  3. Any balance shall be returned to the Owner within a reasonable period

F1.5. Consumer Protection Alignment

Nothing in this clause shall restrict the Owner’s statutory rights under the Consumer Rights Act 2015 or any other applicable law.

F2. INTELLECTUAL PROPERTY

All intellectual property rights in materials produced or provided by the Company remain the property of Rockstar Motors. Users may not reproduce or use such materials for commercial purposes without prior written consent.

F3. DATA PROTECTION (UK GDPR COMPLIANCE)

F3.1. Lawful Processing
We process personal data in accordance with UK GDPR and the Data Protection Act 2018.

Data is processed for:

Marketing communications are optional and subject to opt-out.

F3.2. Data Security
Appropriate technical and organisational measures are implemented to protect personal data against unauthorised access, loss, or misuse.

F3.3. Data Subject Rights

Individuals may exercise their rights under UK GDPR, including access, rectification, erasure, and objection, by writing to:

Rockstar Motors
Unit 3C Moat Farm Business Centre
Colchester, Essex

CO3 8ND

Email: legal@rockstarmotors.co.uk

F4. DISPUTE RESOLUTION AND COMPLAINTS

F4.1 Internal Resolution

The parties shall use their reasonable endeavours to resolve any dispute, disagreement, or claim arising out of or in connection with this Agreement promptly, amicably, and in good faith before commencing formal proceedings.

F4.2 Mediation

Where a dispute cannot be resolved through informal discussions, the parties are strongly encouraged to engage in Alternative Dispute Resolution (“ADR”), including mediation, before commencing court proceedings. Both parties shall act in good faith when considering any reasonable proposal to participate in mediation. Unless otherwise agreed in writing, the costs of any mediator shall be shared equally between the parties.

F4.3 Complaints Procedure

F4.3.1 Any complaint relating to the services provided by the Broker must be submitted in writing to legal@rockstarmotors.co.uk, setting out the nature of the complaint together with all relevant supporting information and documentation.

F4.3.2 The Broker will acknowledge receipt of the complaint within 14 days and will endeavour to provide a substantive written response within 28 days. Where additional time is reasonably required to investigate the complaint, the Broker will notify the complainant of the reason for the delay and provide an updated estimated timescale.

F4.3.3 The parties shall cooperate fully during the investigation of any complaint and shall provide such information or documentation as may reasonably be requested to facilitate a fair and efficient resolution.

F4.3.4 The submission of a complaint shall not, of itself, suspend or affect either party’s contractual obligations under this Agreement, including any obligation to make payment, unless otherwise required by law or agreed by the Broker in writing.

F4.3.5 Where a complaint relates to the condition, history, quality, or description of a Vehicle, the Broker reserves the right to investigate the complaint, liaise with the relevant parties, and withhold any monies where permitted under this Agreement pending resolution of the complaint or any associated claim.

F4.4 Statutory Rights

Nothing in this clause excludes or restricts any statutory rights or remedies which cannot lawfully be excluded under the laws of England and Wales.

F5. TERMINATION AND BREACH

F5.1. Grounds for Termination – The Company may suspend or terminate the Agreement where the Owner/Purchaser:

F5.2(a) Recover the applicable cancellation fee, together with advertising, marketing, administration, operational and other costs properly incurred and payable under this Agreement as a result of the Owner’s material breach or termination of the Agreement.

Advertising, marketing and operational costs shall be calculated individually in accordance with the applicable charges set out in Section E10.

The Owner shall also remain responsible for any separately payable charges properly due under this Agreement, including authorised repairs, preparation, collection, delivery, transportation and storage and forecourt occupancy charges.

All sums claimed shall be subject to the applicable provisions of this Agreement and applicable law, and the Broker shall not recover the same cost or loss more than once.

(b) Charge a reasonable administration fee of £500 plus VAT as a genuine pre-estimate of the cost incurred where the Seller’s conduct results in material disruption to the Broker’s business operations, including but not limited to abusive, threatening, or inappropriate behaviour towards staff;

(c) Charge a reasonable administration fee of £500 plus VAT where the Seller’s actions result in reputational harm, including the publication of misleading or damaging statements, where such actions cause disruption or loss to the Broker’s business;

(d) Charge a reasonable administration fee of £250 plus VAT where the Seller attends the Broker’s premises without prior appointment and such attendance materially disrupts business operations;

(e) Require that all disputes or concerns be raised in writing or by prior appointment;

(f) Pursue any further legal remedies available, including damages or enforcement action;

(g) Report any suspected fraudulent or unlawful activity to the relevant authorities.

F5.3 Purchaser Conduct, Complaints and Reputation Protection – The Purchaser acknowledges that they are entitled to raise legitimate concerns or complaints regarding the Vehicle or services provided under this Agreement. Nothing in these Terms shall prevent the Purchaser from making lawful complaints to regulatory bodies, statutory authorities, or alternative dispute resolution schemes where applicable. However, the Purchaser agrees that they shall not:

(a) publish, communicate, or circulate any false, misleading, or defamatory statements concerning the Company, its employees, agents, or services;

(b) engage in conduct intended to harass, intimidate, threaten, or cause disruption to the Company’s business operations or staff;

(c) use complaints, reviews, or communications in bad faith, including for the purpose of coercion, reputational harm, or unjustified commercial leverage.

F5.4 Where the Purchaser breaches this clause and such breach results in demonstrable reputational harm, business disruption, or legal costs to the Company, the Company reserves the right to recover its reasonable losses and costs and to pursue injunctive relief, damages, or any other remedies available at law.

F6. GENERAL TERMS

F6.1. Fair Interpretation and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

F6.2. Force Majeure
The Company shall not be liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, government action, pandemics, or technical failure.

F6.3. Entire Agreement
These T&Cs constitute the entire agreement between the parties and supersede prior representations or discussions.

F6.4. No Waiver
Failure to enforce any provision shall not constitute a waiver of that provision or any other rights.

F6.5. Variation
No variation is valid unless made in writing and signed by authorised representatives of both parties.

F6.6. Third Party Rights
No third party shall have rights to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

F6.7. Assignment
The Company may assign its rights and obligations. Users may not assign rights without prior written consent.

F7. DVLA

The Company accepts no liability for DVLA decisions, processes, or administrative actions. All DVLA-related matters remain the responsibility of the relevant party.

F8. FINES AND PENALTIES

The Company accepts no liability for any fines, charges, or penalties incurred at any time, including:

Responsibility remains with the driver or vehicle keeper at all times.

F9. ACKNOWLEDGMENT AND ACCEPTANCE

By engaging in any transaction with the Company, the User confirms that:

F10. CONTACT DETAILS

Rockstar Motors
Unit 3C Moat Farm Business Centre
Turkey Cock Lane
Stanway
Colchester
CO3 8ND

Email: sales@rockstarmotors.co.uk
Tel: (+44) 01208 585 124

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