- These terms and conditions, together with the details set out, are intended to contain all the terms and conditions of the agreement between us (the company) and you (the customer) relating to the repair, servicing or other work described (the work) to the vehicle identified (the vehicle) and/or the supply of goods or parts or other things to be supplied by the Company, whether or not in conjunction with the work (the goods). If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives.
- If we agree to any variation in the work to be done or goods to be supplied, this shall be deemed to be an amendment to this agreement rather than a new agreement.
- The agreement is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English Law
- You warrant that you own the vehicle or are duly authorised by the owner to enter into this agreement for the work to be done on these terms.
- An estimate is our considered approximation of the likely cost of the work and/or the goods. and is valid from 14 days from when we send it to you
- Any estimate is based on the published price for the goods involved at the time of the estimate. If the manufacturer or other supplier of the goods changes the published price after the date of the estimate, we will notify you of any consequent increase to the estimate. If the increase will be more than 10% of the total estimate, you may give notice within 14 days cancelling the agreement. If we do not receive notice of cancellation within this period the estimate will be amended as proposed.
- Unless otherwise agreed in writing if it appears the progress of the work will be exceeded by 10% of the total, we will notify you and not continue with the work unless you expressly authorise us to do so.
- If you have left the vehicle with us for an estimate but have not accepted the estimate or have refused it but have failed to collect the vehicle within 14 days of the date of the estimate or (if later) the date of cancellation, we may charge you at the published rates in force at the time, for the storage of the vehicle from the end of that period.
- All estimates are exclusive of any applicable Value Added Tax (VAT)
- We will use of best efforts to do work or supply the goods within any time estimate we have given you, but will not be liable for delays due to any cause outside of our control.
- We shall be entitled to sub-contract all or any part of the work but will be responsible for the quality of our sub-contractor work.
- If you any reason we do not carry out the work in full, we will charge you only for the goods actually supplied or fitted and a reasonable amount for any work actually done.
- We will notify you when the work is complete and the vehicle and/or the goods are ready for collection and (unless you have a credit account with us, in which case you must comply with the terms and conditions in relation to the operation of such account) you must pay for the work and/or goods upon collection.
- All payments must be made in by a UK credit/debit card unless we have agreed to accept cash or cheque in which case the cheque must be drawn on a UK clearing bank and received not less than five banking days before you collect the vehicle and/or goods.
- We are entitled to retain the vehicle and/or goods until you have paid for the work and/or goods in full.
- If you fail to pay the full amount due and collect the vehicle and/or goods:
- within 7 days of being notified the work is complete and/or the goods are ready for collection, we may charge you at our published rates in force at that time, for the storage of the vehicle from the end of that period.
- Within 3 months of being notified that the work is complete and/or the goods are ready for collection, we may (after giving you 7 days notice of our intention to do so if you have not paid the full amount due and collected the vehicle and/or goods before such notice expires) sell the vehicle and/or goods deduct the amount owing to us (including statutory interest, storage charges and the cost of sale) and pay the balance to you.
- Unless otherwise agreed in writing, the goods will be deemed to have been delivered to you at our premises when you collect them.
- We will retain all parts replaced during any work done, except for any to be returned under warranty or service exchange agreements until the vehicle is collected and will be free to dispose of them as we see fit if you do not specifically ask for them when collecting the vehicle.
- The goods will continue to belong to us until you have paid for them in full. You will, however be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has cleared.
- We will carry out the work with reasonable car and skill and warrant it, it will remain free of defects in workmanship for a period of 3 months or 3,000 miles (whichever occurs sooner) from the date the work is completed. However, this warranty will not apply if the vehicle is involved in an accident or if and to the extent the defect is worsened by you (a) failing to inform us promptly of the defect and allowing us promptly to examine the vehicle and endeavour to remedy the defect (b) misusing or neglecting the vehicle or permitting it to be used for rallying or similar support (c) failing to comply with instructions from the manufacturer or from us concerning the treatment, maintenance and care of the vehicle and/or goods to have it/them serviced in accordance with the manufacturers instructions (d) fitting the vehicle or permitting the vehicle to be fitted with parts or accessories which have not been approved by the manufacturer or (e) altering the vehicle and/or goods, or permitting it/them to be altered, in any manner which have not been approved by the manufacturer.
- We will sell the goods with the benefit of the manufacturers warranty. The manufacturers warranty is additional to your statutory rights and is not affected by any change of ownership of the goods. Remedial work under the manufacturers warranty may be carried out by any dealer in the EEA authorised directly or indirectly by the manufacturer, who may repair or replace any defective goods or (if he considers repair or replacement uneconomic) refund an appropriate part of the price you paid for them.
- If the work includes painting them, if the metal to be painted is rusted, we will take all reasonable precautions to prevent the rust penetrating the paint after completion of work but cannot guarantee that this will not happen on the new paintwork or that the new paintwork will match the existing paintwork exactly.
- You must observe the instructions for use, cautionary notices and other technical notices and information we supply with you the goods.
- Except where you are acting as a customer, and except for fraud or for death or personal injury resulting in our own negligence, we limit our liability to any breach of this agreement to the amount you have paid for the work and/or goods and expressly exclude all liability for loss or profit, goodwill or contracts and for any indirect, consequential or economic loss.
- You should remove any items of value not relating to the vehicle as we will not accept liability for loss or damage to these which is not caused by our own negligence.
- We will accept the return of any goods which you did not order specifically, provided that you return them, in the same condition or as supplied within 5 working days of delivery, produce our original invoice and pay (at the current rate on the day of return) our handling charges for returning the goods.
- Special Order parts such as keys must be paid for in full prior to ordering and cannot be cancelled thereafter.
- If this agreement has been concluded without any face to face contact between us or anyone action on our respective behalves, you may give notice cancelling this agreement before we begin the work or (as the case maybe) with 7 days of taking delivery of the goods, whereupon you must either return the goods to us or make them available for us to collect at your expense. You must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
- Save as above, we will not accept the return of any goods which are not defective.
- Any notice given under the agreement must be in writing and sent by post to the address of the work carried out, and shall be deemed to have been received in due course of post.
- The Sale of Vehicles & Parts are covered by the most recent applicable UK Legislation
Completion of Work and Payments
Transfer of Ownership and Risk.
Loss, Damage and Liability