Mylbrook Limited

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

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

3. Save for serious breach by the Seller, no order which has been accepted may be cancelled
by the Purchaser except with the written consent of the Seller and subject to the Purchaser
indemnifying the Seller in full against all loss (including the cost of any labour and
materials), damages, charges and expenses incurred by the Seller.

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

5. Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the
Goods.

6. Notwithstanding the provisions of Clause 6 the property in the Goods shall not pass to the
Purchaser until the Seller has received full payment for the Goods together with Delivery
of the used vehicle (if any) offered by the Purchaser in part exchange.

7. Until such time as payment in full has been made by the Purchaser, the Seller shall be
entitled at any time to require the Purchaser to deliver up the Goods.

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

9. In the event of the Seller accepting delivery from the Purchaser of a used motor vehicle as
part allowance of the price of the Goods, such allowance is given and received, and such
used vehicle is hereby agreed to be delivered and accepted upon the following conditions:
a. that such vehicle is the absolute property of the Purchaser free from all
encumbrances; or
ii that such vehicle is the subject of a hire purchase or other encumbrance or
encumbrances capable of discharge by the Seller, in which case the allowance shall
be reduced by the amount required to be paid by the Seller in discharge of the
encumbrance or encumbrances.
b. Fair wear and tear excepted, the Purchaser shall deliver the said used vehicle to the
Seller in the same condition as at the Seller’s examination of it or acceptance of it
prior to confirmation and acceptance of this order, and
c. Such used vehicle shall be delivered to the Seller within 14 days of written
notification to the Purchaser that the Goods are ready for delivery and upon delivery
property and risk in the said used vehicle shall pass to the Seller.
d. If through no default on behalf of the Seller the Goods shall not be delivered to the
Purchaser within either 30 days from the date of Order of the estimated delivery
date whichever is the later date, the allowance granted by the Seller on the said used
vehicle shall be reduced by an amount of 2.5% for each complete period of 30 days

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

11. Notwithstanding the provisions of this Agreement the Purchaser may before the expiry
of 7 days following receipt by him of notification that the Goods are ready for delivery,
arrange for a finance company to purchase the Goods from the Seller at the price
payable hereunder. Upon the purchase of the Goods by such finance company, the
preceding clauses of this Agreement shall cease to have effect but any used vehicle for
which an allowance was there under agreed to be made to the Purchaser pursuant and
subject to Clauses 10 shall be bought by the Seller at a price equal to such allowance
and the Seller shall account to the finance company on behalf of the Purchaser for the
said price and any deposit paid by him under the Agreement.

12. If the Goods to be supplied by the Seller are new the following provisions shall have
effect;
a. The Seller undertakes that it will ensure that the pre-delivery work specified by
the Manufacturer or Concessionaire is performed and that it will use its best
endeavours to obtain from the Manufacturer or Concessionaire the benefit of any
warranty or guarantee given by it to the Seller or Purchaser;
b. Notwithstanding the sum of Car Tax and Value Added Tax specified in the order ,
the sum payable by the Purchaser is respect thereof shall be such sum as the
Seller has legally to pay at the time the taxable supply occurs;

13. Goods that are not collected by the Purchaser within 14 days of invoice date may be
subject to storage charges at a rate equal to or less than the current insurance company
agreed rate.

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

15. i. The Goods are sold subject to any conditions or warranties implied by the Sale of
Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994).
ii. Prior to signing this order form the Purchaser shall examine the vehicle and
check the items set out in the Purchaser’s Certificate of Examination overleaf S14
(2) of the Sale of Goods Act 1979 (as amended) (satisfactory quality) does not
operate in relation to those defects which examination ought to reveal, nor to any
defect notified by the Seller to the Purchaser prior to the signing of this Contract.