Transatlantic Trading Company Ltd – Terms and Conditions of business V2.3
Terms & Conditions
ARTICLE 1: FOREWORD
1.1: Introductory Message
These terms and conditions are important. They form a part of your contract with TATC (Transatlantic Trading Company Ltd). They come into effect upon the payment of your initial 35% deposit. Please read them carefully and if you are uncertain about any aspect of what’s written please do not hesitate to get in contact.
TATC restores and delivers Land Rover Defenders to the highest of standards. The client has every right to expect the uppermost level of product quality and customer service.
Please be prepared for what a restored TATC Defender is. You are not buying a new vehicle. You are buying a customised restored vehicle, which was originally built as a platform for utility, not luxury. By accepting these terms and conditions, you acknowledge that you understand the nature of historic vehicle ownership.
It is important to note that upon receiving the vehicle you will have to deal with local registration agencies for any necessary testing and titling of the vehicle. TATC is able to offer support and guidance to aid with this process.
All orders will be subject to the terms stated in these Terms and Conditions. The client, by default, agrees to the Terms and Conditions, along with the Terms of Sale and Warranty (this document) by signing the initial sales Proposal and/or depositing the initial 35% payment. The client (or nominated third party) will take custody of the vehicle upon delivery or collection of said vehicle. Please retain a copy of all provided documentation your own records.
1.2: TATC’s Commitment to Privacy
In accordance with the Data Protection Act 1998, TATC takes great care with all client information.
Personal information, such as the client’s e-mail address, name, home or work address and telephone number is collected by us and is used solely for the purpose of billing, shipping and fulfilling the order.
When placing an order we collect the following details from you whilst protecting your data securely at all times:
TATC uses the information the client provides when placing an order only to complete that order. TATC do not share any of this information with outside parties except to the extent necessary to complete the order. TATC uses return email addresses to answer any emails received. Such addresses are not used for any other purpose and are not shared with outside parties.
TATC never uses or shares the personally identifiable information provided in ways unrelated to the ones described without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. TATC may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. TATC may do so when: (1) permitted or required by law, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud which has already taken place. The information is not provided to any companies for marketing purposes.
The client’s personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
1.3: TATC’s Website
TATC is not responsible for the privacy statements or content on websites outside of our website.
The TATC site may use cookie and tracking technologies, which are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors.
Personal information cannot be collected via cookies and other tracking technology; however, if the client previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
1.4: TATC’s Liabilities
TATC accepts no responsibility for harm or damage resulting from the use or misuse of its product(s). Clients are advised to carefully consider any modifications for their vehicle and ensure that they meet with local Road Safety requirements and statutory obligations in relation to the use of motor vehicles in the client’s region. TATC reserve the right to refuse the fitment of any accessory or adaption to/of the vehicle should TATC believe the change is principally unsound.
1.5: TATC’s Company Registration Details
TATC’s company registration number is 10175584. TATC’s registered address is 138 High Street, Crediton, Devon, United Kingdom, EX17. TATC’s operational premises address is Venn Farm, Long Barn, Crediton, Devon EX17 4BR.
ARTICLE 2: TERMS OF SALE
2.1: Finalizing an Order
2.1.1: TATC require a 35% Phase One Deposit Payment (see 2.2.1) to hold a vehicle in a client’s name. Once this payment has been made TATC will begin allocating resource in preparation for the restoration and delivery of the vehicle.
2.1.2: The price the client pays for the base vehicle is agreed at the time of the Deposit Payment being received. The client will be able to moderately change or amend the order up until the vehicle enters the production line (Phase Two), and (if required) the remaining balance will be altered to accurately reflect the costs of these changes.
2.1.3: If TATC discovers a significant error in the price of goods the client has ordered, TATC will inform the client as soon as possible and give the client the option of reconfirming the order at the correct price or cancelling with a full refund. TATC sells the base vehicle in US Dollars (extra options in Sterling), inevitably exchange rates can alter through the life time of the restoration, therefore we reserve the right to apply increased cost of working if rates alter by 4% or more between the deposit invoice and final payment.
2.1.4: At the time of placing your order you will be given a guide program of works and an estimated month upon which you can expect to take delivery of your order. This does not form a guarantee between TATC and the client.
2.2: Deposits & Stage Payment Model
TATC operates a stage payment model, comprising of four payments, Phase One 35%, Phase Two 25%, Phase Three 25%, Phase Four 15%.
2.2.1: Deposit Payment (35%)
Clients make the first down payment of 35% to hold their production slot in the TATC restoration schedule. The estimated final price of the vehicle is agreed at this stage. Any changes to specification at a later date will be divided between outstanding payments. An estimated date of final dispatch will be provided to the client.
2.2.2: Second and Third Payments (25% each)
Clients make their second and third down payments of 25% at staggered intervals during the process. Client’s will be notified in advance of when each payment is due. The time between payments can vary dependent on TATC’s restoration schedule.
2.2.3: Completion Payment (15%)
Clients make the fourth and final down payment of 15% prior to their vehicle being booked for shipping to the delivery country. If there has been any discrepancy in any previous payments, the client is required to clear the outstanding balance in full prior to shipment. The time between the third payment and the completion payment can vary dependent on TATC’s restoration schedule. Once this payment has cleared, a final estimated date of delivery will be furnished to the client.
The client will only become the legal owner of the vehicle once TATC has received full payment.
2.3: Cancellations by the Client
Should a client decide to cancel their order, the following conditions apply:
2.3.1: The initial Deposit Payment of 35% is non-refundable in all circumstances, apart from those in which TATC cannot reasonably fulfil the order. This amount is used to fund purchase of the client’s donor vehicle, including costs for sourcing and shipment.
2.3.2: TATC have a very active order book and a 12-18 month lead time to delivery, we always have customers anxious to purchase one of our vehicles. We would therefore prioritise the onward sale mid production of any cancelled order after Phase One. TATC would make a full refund of any Phased invoices received after Phase One (see 2.3.1) within 14 days of payment from the onward purchaser.
2.4: Cancellations by TATC
TATC reserve the right to cancel a client’s order and refund the client if the following situations occur:
2.4.1: The client fails to settle the balance of any outstanding invoice(s) within 31 days of the invoice(s) being furnished.
2.4.2: The client fails to lock down the specification of their vehicle with the TATC team before Production Entry.
2.4.3: The client becomes unresponsive (without given reason or communication from an authorized third party) to any or all email, telephone or mail correspondence.
2.5: Shipping & Import/Export
2.5.1: TATC will always act to ensure the client’s order is shipped as quickly and conveniently as possible. However, it is not possible to guarantee a specific window for the departure or arrival of any shipping vessel. TATC cannot be held accountable for any inconvenience or delay associated with the external shipping process.
2.5.2: TATC will ensure that the vehicle is correctly removed from the UK registry (DVLA).
2.5.3: TATC will ensure that the vehicle is transported to the port or loading area and safely handed into the custody of the third party shipping/transportation agent. TATC has independent insurance, which covers certain risks to the client during the vehicle’s transit during test drives and to the port of loading. Shipping insurance will be taken out in the Customers name at time of booking shipping to the destination port.
2.5.4: The client is expected to contact local authorities for further advice on the importation and registration of their vehicle. Whilst TATC strives to remain an expert knowledge on the preparation and import/export of Land Rovers, advice given is not legally binding and is furnished purely as a guide only. This is due to the ever changing dynamic of vehicle import legislation. TATC will not therefore be held accountable, or accept the return, cancellation or refund of any vehicle which fails to meet importation regulations due to a change in legislation after deposit.
2.5.5: If the client requests any specific importation actions for TATC to undertake on their behalf (regardless of whether or not the actions are included within the TATC advertised pricing or information), the client and TATC must agree to these actions in writing prior to the order being placed. TATC cannot be held accountable if the client fails to identify any such actions.
2.6: Vehicle Registration
2.6.1: The client will be provided with the following documentation from us in order to assist with their local registration and title arrangements:
Original Certificate of Registration
Final Invoice of Purchase
Customs clearance documents (issued by customs broker)
Service interval document and electronic Workshop Manual (PDF)
2.6.2: It is the client’s responsibility to arrange issuance of the vehicle’s title.
ARTICLE 3: TERMS OF WARRANTY
3.1: Warranty Overview
TATC offers a limited warranty on all of its products. This warranty is valid for three months, commencing on the date of which the client takes handover of the vehicle. The warranty is valid only when all of the parameters, described in 3.2, have been successfully met. TATC reserves the right to reject a warranty claim or invalidate warranty entirely if any of the events as described in 3.3 occur. The warranty provides blanket, bumper-to-bumper cover, except for issues as described in 3.4.
3.2: Warranty Parameters
TATC Warranty is only valid when the following parameters have been met prior to a claim being made:
3.2.1: Issue Reporting
The client has reported the issue to TATC, via letter or electronic mail, as quickly as feasibly possible once the issue occurs. The reporting on the issue should be complete, and as detailed and as accurate as reasonably possible.
3.2.2: TATC’s Recommendations
The client has followed all of TATC’s past and present recommendations to resolve past and present issues with the vehicle.
3.2.3: Cessation of Usage
The client ceased usage of the vehicle as soon as the issue occurred, where reasonably possible. Dependent on the severity of the issue and the specific circumstances of each issue, TATC may waive the need for this parameter to have been met, at its own discretion.
3.3: Warranty Invalidation
TATC reserves the right to reject a warranty claim, or completely invalidate a client’s warranty, in the event of the following:
3.3.1: Damage Caused by the Client
Any damage to the vehicle caused by the client will not be covered. This includes all cosmetic and mechanical damage.
3.3.2: Damage Caused by Neglect
Any damage to the vehicle caused by neglect of the vehicle’s operation and safety by the client will not be covered. This includes but is not limited to;
Failure to maintain the vehicle correctly, including but not limited to failure to service or have the vehicle serviced, failure to maintain correct fluid levels, failure to maintain correct tyre pressures, failure to maintain correct belt tensions.
Failure to obey state driving laws and regulations, failure to operate the vehicle safely on and off-road, failure to store the vehicle safely when not in use.
3.3.3: Damage Caused by a Third Party
Any damage caused to the vehicle by a third party will not be covered. This includes all cosmetic, electrical and mechanical damage.
3.3.4: Damage Caused by Accident
Any accidental damage caused by the client, or any other party, will not be covered.
3.3.5: Modifications and Alterations
Any modification or alteration to the vehicle not sanctioned by TATC will invalidate the warranty. Any fitment of new parts not supplied and fitted by TATC will invalidate the warranty. Removal of any parts or components from the vehicle as delivered by TATC without TATC’s specific instruction will invalidate the warranty.
3.4: Warranty Exceptions
The following items are considered as normal usage occurrences and are not covered:
Paintwork damage through normal usage, such as stone chips and scratches.
Refilling of screen wash fluid.
Punctured tyres and general tyre wear.
Minor levels of smoke from the exhaust system on start-up and during driving.
Very minor fluid leaks and drips.
Very minor rattles from exterior and interior panelling.
Minor rumbling noises from the transmission, steering and suspension whilst manoeuvring.
Engine consuming minor amounts of oil.
The following items are considered as consumable service items and are not covered:
Brake pads, brake discs, brake shoes, brake drums.
Air conditioning gassing.
Any and all oils and fluids.
The following items are also not covered:
Any damage arising from a foreign material introduced into the fuel, air or cooling system, such as water, sand and general debris.
ARTICLE 4: CONCLUSION
This agreement is the beginning of your relationship with TATC. It paves the way for the sourcing, restoration, shipment, delivery and finally your ownership of your vehicle. If you have any questions regarding this agreement, please speak directly to a member of our team. Upon future adventures and endeavors, please do not hesitate to contact us for further advice and support.
These terms and conditions are governed in accordance with the laws of England and Wales and the parties agree to submit themselves to the exclusive jurisdiction of UK Law.