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If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and misdescribed goods provided. If you have any doubts about your statutory rights please contact your local Trading Standard Department or Citizen Advice Bureau.
1. Orders and any allowance in respect of used motor vehicles offered in part exchange by you is subject to acceptance by us.
2. The motor vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you, at the date of delivery and if any fault occurs you have the right to rely on your statutory rights. If you have any doubts about your statutory rights under the Sale of Goods Act 1079 or otherwise, please contact your local Trading Standards Department or Citizens Advice Bureau.
3. Any accessories fitted or supplied by us (Dealer fitted) will be entitled to the benefit of any warranty given by the manufacturer of those accessories.
4. a) We will try to ensure delivery of the goods ("goods" in these Terms and Conditions is defined as our sales to you) by the estimated delivery date. Except where the delay is caused by circumstances beyond our control, you will be entitled to cancel the contract and receive repayment of your deposit if delivery has not taken place within 28 days of the estimated delivery date unless you have agreed otherwise, orally or in writing to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay and in these circumstances, we will contact you and agree on an alternative date for delivery or you may cancel the contract, in which case any deposit paid by you shall be returned in full.
b) If the Manufacturer of the goods described in the contract stops making the goods of that type, we may (whether the estimated delivery date has arrived or not) give you written notice to cancel the contract. Any deposit you have paid to us will be returned to you.
5. If you fail to take and pay for the goods within 21 days of notification that the goods are available for delivery, we may treat the contract as canceled and keep any deposit paid by you.
6. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. The proceeds of any goods re-sold by you prior to the cheque having been cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.
7. Of the goods to be supplied by us are new, the following provisions shall have effect:
a) We undertake to ensure that the pre-delivery work (factory fitted) specified by the Manufacturer or Importer is carried out and that we will use our best endeavors to obtain for you from the Manufacturer or Importer the benefit of any warranty or guarantee given by them to us. These warranties or guarantees are in addition to and not in replacement of any warranties or guarantees given to you by us.
b) No allowance can be made for any part of the standard equipment supplied with the motor vehicle which you do not wish to take.
c) If, after the date of this order and before delivery of the goods to you, the Manufacturer's or Importer's recommended price for any of the goods is changed, we shall give notice of any change to you and:
i) If the Manufacturer's or Importer's recommended price for the goods is increased you will be notified of the amount of the increase we intend to pass on to you. You have the right to cancel the contract within 14 days of receipt of this notification. If you do not cancel the contract the increase in price shall. become the contracted price.
ii) If the recommended price is reduced you will be notified of the amount of the reduction we intend to pass on to you. If the amount passed on to you is not the same s the reduction of the recommended price you have the right to cancel the contract within 14 days of the receipt of this notification. If you do not cancel the contract the reduced price will be the contract price.
d) If you cancel the contract because of a price change notified by us to you, any deposit which you have paid to us will be returned to you.
8. When we accept a used motor vehicle as part of the payment you agree that
a) (i) you are the legal owner and
(ii) no outstanding credit is owed on it. If there is an outstanding credit the amount of money we give you will be reduced by the equivalent of the amount of the outstanding credit.
b) Our acceptance of your offer in relation to the part payment is only valid if your used motor vehicle is delivered in the same condition as when we examined it.
c) You must deliver your used motor vehicle to us on or before the day you collect your goods from us. From the day you deliver it to us, we are the legal owners.
d) We will write to you and tell you that your goods are ready for collection. You must deliver your used motor vehicle to us within 14 days.
The rights of cancellation set out in this clause are in addition to your rights of cancellation as contained in clause 4a). If delivery of your goods is delayed through no fault of ours we may deduct an amount for extra depreciation of your used motor vehicle ("the Extra Depreciation"). The Extra Depreciation will not exceed 2,5% of the agreed value of your used motor vehicles for each complete 30-day period. The time begins 30 days after the estimated delivery date and ends on delivery of your used motor vehicle to us. We will notify you of the amount of Extra Depreciation that we propose to deduct from the value of your used motor vehicle (if any). You will then have the right to cancel the contract within 14 days of receipt of this notification. If you cancel the contract, any deposit you have paid to us will be returned to you. If you do not cancel the contract, the value of your used motor vehicles will be reduced by the amount of Extra Depreciation and there will be a corresponding increase in the amount which you will be required to pay, at your option, in cash or through finance (subject to the approval of the finance company).
If conditions 8a) to d) are not met, we will not accept your used motor vehicle and you will pay the full price for your goods.
9. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given Overleaf.
10. If you arrange for a finance company to purchase the goods from us, and if you have offered and we have accepted your used motor vehicle as part-payment, we sha;; tell the finance company how much money has been agreed by us to be deducted from the price of the purchased goods for the used vehicle and what deposit you have been paid to us.
11. Should either you or we not strictly enforce any obligation under this agreement at any time, this will not prevent that obligation from being enforced at a later date.
Cancellation under the Distance Selling Regulations
12. If you have ordered and taken delivery of your motor vehicle without visiting our showroom and you are not buying the car in the course of your trade or business, the following cancellation clause applies:
a) You have 14 days to get to know the motor vehicle and to make sure it suits you. If you change your mind just let us know in writing by post or email to reach us by 6 pm on the 14th day following delivery and we will come and collect the vehicle for a refund.
b) We cannot accept a return of the car if it has been damaged, modified or altered from the condition it was delivered in.
c) An excess mileage charge of £1 per mile for any mileage over 150 miles in those 14 days will apply. If you do change your mind, you cannot use the car once you have notified us - but you must still tax and insure the vehicle until it is collected.
This cancellation (change of mind) clause does not affect any separate rights given to you in The Consumer Rights Act 2015 of the Sale of Goods Act 1979 (as amended).
Distance Selling Addendum
12.1. If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face-to-face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.
12.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf takes delivery or otherwise acquires physical possession of the motor vehicle. To exercise this right to cancel you must inform us of your decision to cancel this Agreement in writing by a clear statement (e.g. a letter sent by post, fax, or email).
12.3. To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
12.4. If you cancel this Agreement, we will reimburse you all payments received from you under this Agreement, without undue delay, and not later than
a) 14 days after the day on which we received the motor vehicle back: or
b) (if earlier) 14 days after the day you provide evidence that you have returned the motor vehicle: or
c) if there were no motor vehicles supplied, 14 days after the day on which we are informed about your decision to cancel the Agreement.
12.5. We will make the reimbursement using the same means of payment as you have used for the initial transaction unless you have expressly agreed otherwise, but in any event, you will not incur any fees as a result.
12.6. We may withhold reimbursement until we have received the motor vehicle back or you have sent evidence of having sent back the motor vehicle to us, whichever is the earliest. You should send back the motor vehicle is the earliest. You should send back the motor vehicle or deliver it back to us, without undue delay and in any event no later than 14 days after the day on which you communicated your cancellation of this Agreement to us.
12.7. This deadline is met if you send back the motor vehicle before the period of 14 days has expired. We will require that you bear the cost of returning the motor vehicle to us.
12.8. You must take reasonable care of the motor vehicle whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
12.9. You are liable for any diminished value of the motor vehicle resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the motor vehicle.
1. These are the sole conditions Fish Brothers (Swindon) Ltd, incorporating Orbit Vehicle Services and any franchise operated hereafter called "The Company" contracts with the Customer as named on forms and contracts.
2. All estimates for work done are valid for 14 days from the date of dispatch of the estimate by The Company to the Customer. If a customer deposits a Vehicle with The COmpany for the purpose of The COmpany preparing an estimate, then a storage charge based on The Company's storage rates will be made to the Customer operating from the 15th day, unless the estimate is accepted by the Customer within the 14 days of its dispatch by The Company, or the vehicle moved from the premises by the Customer within that time.
3. All prices quoted by The Company for parts are based on the prices current at the time of preparing the estimates and The Company reserves the right to increase such prices to The Company if the price to The Company is increased between preparing the estimated and obtaining the parts in order to carry out the work. The Company reserves the right to sub-contract all or any of the work.
4. If for any reason the work requested by The Customer is not carried out in full, The Company will charge a reasonable amount for the work carried out.
5. Any variation agreed between The Company and the Customer in the work to be carried out will be deemed to be an amendment to this contract and shall not constitute a new contract.
6. The Company will use its efforts to carry out the work in the time notified to the Customer but time shall not be of the essence and no liability is accepted for any delays.
7. Work will be deemed to be complete when the Customer is advised by The Company that such work is complete. The Customer will pay The Company for all of the work done and materials supplied as well as any storage charges, before the vehicles may be removed from the premises. If the Customer fails to pay the amount due and fails to collect the vehicle within 7 days of being advised that the repair has been completed, The Company will charge for storage at its current rates. The Company may sell the vehicle if the Customer fails to pay and collect it within three months of being notified that the work has been completed and The Company's intention to sell it. Upon such a sale The Company shall pay the balance of the proceeds of the sale to the Customer after deducting all its charges.
8. The Company is only responsible for loss or damage to any vehicle or its accessories or contents caused by negligence. The Company advises the Customer to remove from the vehicle all items of value not related to the vehicle.
9. All parts replaced during service or repair except those that have to be returned to the manufacturer or suppliers under warranty or service exchange arrangements will be retained by The Company for the Customer until the time when the vehicle is collected by the Customer. If the Customer does not specifically ask to take possession of such replacement parts when collecting the vehicle, they will become the property of Th Company to dispose of as it deems fit.
10. All written notices given by The Company to the Customer shall take effect 24 hours after being dispatched by Th Company in the normal course of post to the Customer's recorded address.
11. Th Company warrants that all genuine franchise parts fitted to a vehicle under warranty will be free from defects for the remainder of the vehicle's warranty. In respect of parts that are supplied of fitted The Company assigns to the Customer the benefits of any applicable manufacturer's warranty. The Company warrants its work free of defects for a period of 6 months or 6,00 miles, whichever occurs sooner from he date of the completion of the work.
12. It is a condition of acceptance of a customer's instructions The Company is authorised (1) to carry out any additional work of a minor or incidental nature, which The Company in its absolute discretion considers necessary to properly comply with the Customers instructions and (2) to supply and fit any materials necessary for such purpose.
13. The Company reserves the right to make a 17.5% handling charge on goods returned against orders correctly supplied. Non-stock orders specially supplied and of merchantable quality cannot be returned for credit.
14. All parts shall remain the absolute and unencumbered property of The Company until such time that The Company has received clear payment in full respect of them. If a part is mixed with or incorporated in other goods but remains capable of being detached or separated The Company shall continue to retain property in and title to the part.
15. If the Customer shall become bankrupt or insolvent, make any arrangements with creditors, or suffers a receiver of its effect to be appointed, or being a body corporate enters into liquidation other for the purpose of amalgamation or reconstruction The Company shall have the right to terminate any agreement with the Customer to subject to these conditions and shall henceforth cease to have any further obligation under the contract and price for all work done, and the goods and services rendered by The Company shall immediately become payable. In the case of reciprocal trading, The Company shall retain the right to deduct any monies owing to it from the Customer's reciprocal account immediately, in the case of the Customer's insolvency or when monies owed to The Company become overdue.
16. All charges unless on an approved credit account or otherwise agreed in writing are strictly nett and are due at or before delivery, and The Company may demand a deposit before commencing or in the course of any work. The Company reserves general lieu overall property of the Customer in The Company's possession for the total indebtedness of the Customer to The Company by the way of money or due for work done materials and goods supplied, storage charges, and any other expenses and costs arising in relation to each and any vehicle of the Customer. Any vehicle removed from The Company's premises without permission will be considered to have been stolen.
17. The Company reserves the right to charge the Customer the prevalent court rate on invoices outstanding after their due date.
18. Non-stock items specially ordered and of merchantable quality cannot be returned for credit.
19. Nothing contained herein shall affect the customer's statutory rights.
20. For the supply of parts or repairs to Private Hire or Taxi vehicles, no warranty is given or implied. Fish Brothers (Swindon) Ltd will accept no responsibility for loss of earnings or associated costs in the event of mechanical failure on such vehicles.
Here at Fish Brothers (Swindon) Ltd, registered office, Ashworth Road, Swindon, SN5 7UZ, we take your privacy seriously and will only use your personal information for the following purposes to administer your account and to provide the products and services you have requested from us. Informing you during contact and for marketing purposes, gaining your consent about the way your data is obtained and processed by us, is a legal requirement of The General Data Protection Regulation (GDPR) which becomes law in May 2018.
We will contact you as advised by the manufacturer and our nominated partner supplier to ensure the ongoing safety and care of your vehicle and any policies are maintained, and where consent is provided for the replacement of your vehicle and car care-related products.
We cross-check your data with the DVLA to ensure accurate and timely communications can be made. We track data around email interaction to understand whether communications have reached you e.g. MOT reminders. We check driver and vehicle profiles including drive time, vehicle age, and type of work due to help prioritise customer contact. We combine data from various sources into one place, to deliver a more personalised experience to you. We take steps to ensure that any businesses that we work with have security protocols and policies in place to manage and record your data privacy and preferences correctly and that your data is stored securely. The security of your data is paramount. Documentation can be supplied on request from our Data Protection Officer at – marketing@fish-bros.co.uk.
Under the General Data Protection Regulation, you have the right to:-
Request copies of your data, the rectification of your data, erasure of your data, object to us or restrict the processing of your data and where our systems allow, give electronic access to copies of your data in a digital format.
Full listing of our "Manufacturer(s) together with the Various Sources e.g. service plan and vehicle health check data can be found on our website www.fish-bros.co.uk. Further information on the GDPR policies we have produced is available on request by emailing marketing@fish-bros.co.uk.
Read more about Fish Brothers (Swindon) Ltd privacy policy here.
All names, images, and logos identifying Fish Brothers are proprietary marks of Fish Brothers. All third-party brands, products, services, and company names contained on this site are the trademarks, service marks, and trade names of their respective holders. Fish Brothers (Swindon) Ltd do not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
Fish Brothers does not represent, warrant, endorse, or hold responsibility for any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of Fish Brothers and you visit entirely at your own risk.
The software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software - we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. Fish Brothers cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.
We've changed the way our website works so that we can keep up to date with recent developments in the law relating to cookies. This means that we need your consent to use cookies when you are browsing our site. To help you understand the types of cookies we use (or those which may be used by third parties on our site), we have categorised the cookies in relation to their functionality. These four categories are;-
You can read a detailed description for each of the different cookies in our cookie policy, here.
Often, your web browser will let you control all of your cookies in the browser security and privacy settings. If you'd like to learn more about cookies as well as how to manage and delete them, visit: www.allaboutcookies.org.
If you'd like to stop being tracked by Google Analytics across all websites that use the service then visit http://tools.google.com/dlpage/gaoptout.
Links to other websites
Our website contains or may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
All of these cookies are managed by third parties, and you may alternatively use the third parties own tools to prevent these cookies.
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.
If any of these Terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable.
Fish Brothers reserves the right to change any of its terms and conditions at any time by posting changes online.
If you do not accept these terms in full, you must stop using this website immediately.
If you would like to make a complaint, you can download our full complaint procedure here.
Whilst we always aim to help customers wherever possible, if you remain dissatisfied with the outcome and explanation we have provided, we would recommend you contact Motor Ombudsman. Motor Ombudsman is a member of the Chartered Trading Standards Institute-approved consumer codes scheme and is a provider of Alternative Dispute Resolution (ADR), offering conciliation and arbitration. You can contact them via www.themotorombudsman.org/ or on their advice line 0345 241 3008.
Their decision will be legally binding on both Fish Brothers (Swindon) Ltd and you, as the customer.
Our showrooms are conveniently located in Swindon.
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