Terms & Conditions

1. Definitions

(i) Customer means the customer described on the front of this agreement.
(ii) Company means the Company whose name is printed on the front of this agreement.
(iii) Goods means all goods, parts or other products to be sold by the company to the customer whether or not supplied in conjunction with the work to be done by the company; and
(iv) Work means any work to be done by the company whether any ways of repairs, servicing, fitting or otherwise.

2. Estimates

2.1 An estimate is a considered approximation of the likely cost involved. All estimates are valid for 28 days form their despatch by the company to the customer.

2.2 Prices of goods and work are based on prices current at the time of preparation of the estimate and the company reserves the right to increase such prices if the price to the company is increased between preparing the estimate and obtaining the goods/ completing the work.

2.3 Unless otherwise agreed in writing if it appears during progress of any work that the estimate will be exceeded by a significant amount the company will not continue the work without further express permission from the customer. Such permission may be given in writing and signed by the customer and the company , or orally – so long as the permission is thereon recorded in writing on the face on this agreement and initialled by the company; or on the computerised system data system of the company.

2.4 The customer acknowledges that’s motor vehicles are complex piece of machinery, that to repair defects it is appropriate to try the least complex solution first and that further chargeable work may be necessary if the work does not cure the fault.

2.5 The company reserves the right to request a deposit against anticipated charges before agreeing to proceed with any work.

2.6 All prices are exclusive of value added tax which is shown separately.

3.0 Replacement parts

3.1 The company reserves the right to repair or to fit reconditioned units and/or parts where these are supplied by the manufacturer.

4.0 Authority to drive vehicle

4.1 The company reserves the right to undertake reasonable mileage to road test any vehicle in its possession which is deems necessary for the purpose of diagnosis, repair and testing.

5.0 Uncompleted work

5.1 If for any reason work requested by the customer is not carried out in full the company will charge a reasonable amount for any work actually carried out and the current price of any goods supplied or fitted.

6.0 Variations

6.1 Variations in the work to be done or the goods to be supplied may be made in writing and signed by the customer and the company, or orally – so long as the variation is thereon recorded: in wiring on the face of this agreement or on the workshop instruction from which shall form part of this agreement and initialled by the company; or on the computerised data system of the company.

7.0 Time

7.1 The company will use its best efforts to do work or supply goods within any time period notified to the customer. However, time shall not be essence.

8.0 Cancellation

8.1 No order which has been accepted by the company may be cancelled by the customer except with the written agreement of the company.

9.0 Completion of work and payment

9.1 All goods and/or services shall be paid for in cash or credit/debit card before delivery or collection unless credit has been agreed in advance. Delivery is deemed to have occurred when the customer of his agent has taken possession of the goods.

9.2 Where the company has granted the customer credit, if payment is not made on the due date, the company shall be entitled to suspend the supply of further goods and/or the provision of any further services to the customer.

9.3 if the good are to be collected then the customer must collect them within 14 days of receiving notification that the goods are available for collection. If failure to collect within prescribed period may be treated as a repudiatory breach of this agreement.

9.4 Work shall be deemed complete when the customer is so advised by the company. The customer will pay the company in cash or debit/credit card for all work done and goods supplied as well as any storage charges before any vehicle may be removed from the companies premises. The customer acknowledges the company shall have a lien upon any vehicle or vehicles in the possession of the company for both the price of work done and storage costs and whether any debt owed by the customer toc company related to that particular vehicle or not.

9.5 If a vehicle is not collected by the customer within 14 days of the customer being advised that work is complete the company will charge for storage of the vehicle at the rate of £15+vat per day. If the customer shall fail to pay monies due to the company and collect the vehicle within 14 day of been notified that work has been completed and of the companies intention to proceed to sell it, the company may sell the vehicle and the customer agrees upon such sale title in the vehicle shall be transferred to the purchaser. Upon any such sale the company shall pay the balance of the proceeds of sale to the customer after deducting all monies due to the company and all costs of sale.

9.6 Interest rate of 4% per annum over National Westminster Bank PLC base rate from time to time will accrue on all overdue payments from the due date until payment.

10. Retention of title and risk

10.1 Goods are at the risk of the customer as soon as they delivered by the company to the customer.
10.2 Goods shall remain the property of the company until the customer paid the full price of the goods and together with all storage charges an interest that may be due to the company under this agreement.
10.3 Until such time as the property in the good passes to the customer, the customer shall hold the goods as the company’s fiduciary and bailee.

11.0 Loan vehicles

11.1 If the company makes available to the customer a vehicle (‘replacement vehicle) in connection with this agreement, the company may demand the customer to return the replacement vehicle at any time and the customer shall immediately return the replacement vehicle to the company and if the customer shall fail to do so;- (i) the company may take possession of the replacement vehicle of the replacement vehicle and, for this purpose, the company may enter any premises where the replacement vehicle(s) is/are being kept and/or (ii) the customer will pay to the company the sum £100 per replacement vehicle in respect of each day or part day that the customer retains possession of the replacement vehicle(s) and any cost which the company incurs in recovering possession of the replacement vehicle(s) on an indemnity basis.

11.2 The company will only permit the replacement vehicle to be driven by the person who collects the vehicle from the company’s premises and signs and dates the company’s own replacement vehicle form. Any other person who wishes to use the replacement vehicle will require the company’s permission and give any required licence information to the company. The company will only permit the replacement vehicle to driven by a person qualified to do so and holding all necessary current licences. No person to hold a provisional is permitted to use a replacement vehicle. The replacement vehicle is not permitted to be used outside the United Kingdom.

11.3 The customer will ensure the replacement vehicle is comprehensively insured, for its full value, for any driver who may drive the replacement vehicle and will indemnity the company in full against any breach of the provisions of this clause.

12.0 Loss, damages, liability

12.1 Subject as expressly provided in the agreement, and except where the customer is a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted law.

12.2 Vehicles and their accessories and contents are left the customers risk and responsibility and the company is only responsible for the loss of damage thereof or thereto caused by the negligence of the company or its employees. The customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the company must rely upon his own insurance.

12.3 So far as is permitted by statute and except in the case of death or personal injury caused by the negligence of the company, the company shall not be liable to the customer by reason of any representation (unless fraudulent), or implied warranty, condition or any other item, or any duty at common law, or under the express terms of this agreement, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), cost, expenses or any other claims for compensation whatsoever which arise out of or in connection with the supply of the goods or the provision of works, or their use or re-sale by the customer.

13.0 Replaced parts

13.1 All parts replaced during any work done, except those that have been returned under warranty or service exchange agreements, will be retained by the company for the customer until the vehicle is collected. If the customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the company to dispose of as it deems fit. If a customer wishes to keep a replaced part that is a surcharged part, the customer will be required to pay the surcharge before removal from the company’s premises.

14.0 Returned goods

14.1 Goods will be accepted back for credit providing; (i) the customer returns the goods (in the same condition as when supplied) within 5 working days of delivery; (ii) the original invoice is produced; (iii) the customer pays the company’s current handling charges for returned goods; and (iv) the goods were not specially ordered by the customer. Save as aforesaid goods will not be accepted back by the company. Nothing in this clause 14 affects your consumer rights to return goods that are faulty or incorrectly supplied.

15. Sub-Contracting

15.1 The company shall be entitled to carry out its obligations under this agreement by sub-contractors but shall be responsible for their work.

16. Warranty

16.1 The company undertakes that it will use its best endeavours to obtain for the customer the benefit of any warranty or guarantee given by the manufacture or importer in respect of the goods. The company warrants its work free from of defects in workmanship for a period 12 months or 10,000 miles whichever occurs sooner, from the date of completion of the work.

16.2 If the work includes painting then if the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the work but no warranty cam be given in this respect or to this effect that the new paintwork will match existing paintwork exactly.

16.3 The warranty in 16.1 above is in addition to any other remedies the customer may have under the agreement but where applicable does not extend to cover defects arising from; (i) use of the vehicle otherwise than for private or commercial use of the owner or other users with his permission; (ii) failure to have the vehicle serviced in accordance with manufactures recommendations; and (iii) damaged in a subsequent accident howsoever cause.

17. Force majeure

17.1 Any failure by the company to perform any of its obligations under this agreement under this agreement by reason of the performance of any clauses being beyond the control of the company shall not be deemed not to be a breach of this agreement.

18. Notices

18.1 All written notices given by the company to the customer shall take effect 24 hours after being dispatched by the company in the normal course of post to the customer address shown overleaf or immediately on delivery by hand.

19. Whole agreement

19.1 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between and the parties relating to its subject matter.

19.2 Each party acknowledges that in entering into this agreement; it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.

20. Severance

20.1 If any term or provision of this agreement shall be held illegal or unenforceable it will to that extend be deemed to be omitted from the agreement and the validity or enforceability of the remainder of this agreement shall not be affected.

21. Third party rights

21.1 Nothing in this agreement shall confer any rights upon any person who is not a party to this agreement unless expressly provided.

22. Proper law and jurisdiction

22.1 This agreement shall be governed and constructed in accordance with English law and the parties agree to submit to the exclusion jurisdiction of the English Courts.