These are the terms and conditions (the "Conditions") upon which we provide the HPI Guarantee, which is available for the benefit of HPI customers ("you") who undertake an HPI Check ("HPI Check") with DirectCarSales.co.uk trading for A Touch of Class (South East Limited) ("we" or "us").
IMPORTANT: YOU SHOULD READ ALL THESE CONDITIONS CAREFULLY, AND CONTACT US IF YOU HAVE ANY QUERIES. YOU SHOULD KEEP THESE CONDITIONS IN A SAFE PLACE, TOGETHER WITH YOUR HPI CHECK RESULTS AND THE DOCUMENTS REFERRED TO IN PARAGRAPH 5(e) BELOW.
PREVENTION IS BETTER THAN CURE! THE HPI CHECK IS INTENDED TO HELP YOU MAKE AN INFORMED BUYING DECISION. TO DO THIS, WE RELY ON YOU TO PROVIDE FULL AND ACCURATE DATA, AND TO OBTAIN AND CHECK ALL RELEVANT VEHICLE DOCUMENTATION. TO BENEFIT FROM THIS GUARANTEE, YOU MUST HAVE PROVIDED US WITH ALL INFORMATION REQUESTED BEFORE COMPLETING YOUR PURCHASE. SEE PARAGRAPH 5 BELOW.Terms and Conditions
1. About your Guarantee
The HPI Guarantee is designed to cover key types of financial loss ("Loss", as described below) you may suffer should your HPI Check provide inaccurate or incomplete information in relation to a vehicle you buy. We will compensate you for your Loss, subject to these Conditions.
2. Duration of cover
The HPI Guarantee is effective for a period of one year from the date of your HPI Check (the "Guarantee Period").
3. What your Guarantee does and does not cover
The Loss which the HPI Guarantee covers means:
(a) a reduction in the market value of the vehicle; or
(b) in the event you fail to acquire good title to the vehicle, our choice of:-
(i) the vehicle's market value (calculated as described below); orincurred by you as a direct result of inaccurate or incomplete HPI Check information relating to a vehicle's condition, its financial status, or its theft.
The Loss excludes any loss you suffer which is not a reasonably foreseeable consequence of us providing the inaccurate or incomplete information to you. A loss is foreseeable if it could be anticipated by you and us at the time the HPI Check is made. The Loss also excludes any actual or anticipated profit which you would have made, and any item of improvement, including any addition or alteration, made to the vehicle by you.
For the purpose of quantifying your Loss, the market value of the vehicle will be calculated by reference either to the price you paid for it or its retail value as evidenced by Parker's Guide (adjusted for mileage and condition at the time of purchase), whichever is the lower.
We reserve the right to inspect any vehicle which becomes the subject of a claim under the HPI Guarantee, at our own cost. If we do provide an independent inspection, its conclusions will be final, unless they contain an obvious error.
4. Limit of indemnity
The maximum limit of indemnity under the HPI Guarantee in respect of each Loss is £10,000, where you have supplied us with the Vehicle Identification Number ("VIN"), Vehicle Registration Mark ("VRM") and the serial number and issue date from the Vehicle Registration Document ("V5/Logbook") at the time of your HPI Check, prior to purchase of the vehicle.
Each claim will be subject to the following:
(a) where your claim relates to failure to acquire good title, we will deduct 10% of the amount otherwise payable under the HPI Guarantee if you only supplied the VRM at the time of your HPI Check; or
(b) where your claim relates to a reduction in the market value of the vehicle, the HPI Guarantee will not exceed 20% of the market value of the vehicle, or £2,000, whichever is the lower.
To qualify for the HPI Guarantee, you must do the following before buying your vehicle:
(a) you must ensure that the vehicle is accompanied by a current V5/Logbook from the Driver and Vehicle Licensing Agency, and provide us with the serial number and issue date from it;
(b) you must check that all the vehicle information provided by us as part of the HPI Check matches the vehicle itself and the corresponding V5/Logbook, and you must notify us immediately of any discrepancies so that we can investigate. This information includes, but is not limited to, the vehicle's make, model and derivative, engine size, colour, transmission, fuel type and door plan;
you must check that the date of first registration of the vehicle we
provide as part of the HPI Check matches the date on the corresponding
(d) you must check that all the VIN markings on the vehicle match each other and the corresponding V5/Logbook; and
(e) you must obtain a written statement or receipt signed by the seller of the vehicle, containing details of the vehicle's VRM and mileage, the date of purchase, the amount paid and the seller's name and address.
(a) Information we provide on a vehicle's description, value, mileage and accompanying documentation (its V5/Logbook or MOT) is not covered by the HPI Guarantee.
(b) The HPI Guarantee does not guarantee the condition of any vehicle.
(c) Unless we subsequently confirm that a discrepancy or fact is no longer applicable, the HPI Guarantee will not cover any Loss which:
(i) results from any discrepancy or fact revealed by your HPI Check (including discrepancies between the VRM and VIN of your vehicle);(d) The HPI Guarantee will also not apply if:
(i) you conduct the HPI Check after buying the vehicle;(e) If a vehicle is recorded on our Condition Inspected register (which shows that the vehicle was once "written off"), you cannot make a claim under the HPI Guarantee based on any reduction in value of that vehicle as a result of its prior registration on our Condition Alert register (which contains lists of "written off" vehicles).
(f) HPI's data sources are UK-based. Therefore, if the vehicle has been previously registered in another country, the HPI Check will only reveal information relating to the period after it was first registered in mainland Britain. Accordingly you cannot make a claim under the HPI Guarantee for any Loss resulting from the vehicle having been previously registered outside mainland Britain or any event which occurred prior to first registration in mainland Britain (whether or not the HPI Check displays an import marker in relation to the vehicle).
7. Claims Procedure
(a) If you wish to make a claim under the HPI Guarantee, you must inform us as soon as possible after you become aware of the events giving rise or potentially giving rise to the claim (and in any event within the Guarantee Period).
(b) We will issue a claim form for you to complete and return, together with evidence of the HPI Check, your proof of purchase for the Vehicle and other relevant documentation. Your claim will be dealt with by our administrators, who will contact you promptly.
8. Miscellaneous (a) The HPI Guarantee is personal to you; you may not transfer it to anyone else (including anyone to whom you sell or transfer ownership of the vehicle).
(b) Nothing contained in these Conditions will affect any of your statutory rights relating to the services which we supply to you if you are a consumer.
(c) These Conditions will be subject to English law, and the English courts will have jurisdiction in respect of any dispute relating to the HPI Guarantee.