TERMS AND CONDITIONS
1. General and Definitions
1.1 These terms are the only terms on which the Dealer by whom this form is used (Called The Company) contracts with the Customer (as named on this website).
1.2 Goods means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with the work to be done by the Company.
1.3 Work means any work to be done by the Company whether by way of repairs, servicing, fitting or otherwise.
1.4 The Customer will be deemed to have accepted these Terms of Business if he or his insurance company give instructions by any means for work to be done or goods to be supplied.
2.1 An estimate is a considered approximation of the likely cost involved. All estimates are valid for 14 days from the dispatch of the estimate by the Company to the Customer. If the Customer deposits a vehicle with the Company for the purpose of an estimate, a storage charge based on the Company's current rates will be made to the Customer applicable from the fifteenth day after the dispatch of the estimate by the Company unless the estimate is accepted by the Customer within 14 days of such dispatch or the vehicle is removed by the Customer from the premises within that period.
2.2 Prices of goods 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.
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 (which need not be in writing) from the Customer.
3. Uncompleted Work
3.1 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.
4.1 Any variation agreed between the Company and the Customer in work to be done or goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contact.
5.1 The Company will use its best efforts to do work or supply goods within any time period notified by the Customer. However, time shall not be of the essence and the Company will not be liable for delays.
6. Completion of Work and Payment
6.1 All goods shall be paid for upon delivery unless credit has been agreed in advance.
6.2 Work shall be deemed complete when the Customer is advised by the Company that such work is complete. The Customer will pay the Company for all work done and goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises.
6.3 If a vehicle is not collected by the Customer within 7 days of the Customer being advised that the work is complete the Company will charge for storage of the vehicle at its current rates. The Company may sell the vehicle if the Customer shall fail to pay monies due to the company and collect the vehicle within 3 months of being notified that the work has been completed and of the Company's intention to proceed to sell it. 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.
6.4 Interest at the rate of 2% per month (apportionable by the day) will accrue on all overdue payments.
7. Retention of Title and Risk
7.1 Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer.
7.2 Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the full price thereof together with the full price of any other goods the subject of any other contract with the Company and together with all storage charges and interest that may be due to the Company under this Contract or any other, and until payment in full as aforesaid has been made the Customer acknowledges that he is in possession of the goods solely as bailee for the Company.
7.3 Until the Customer becomes owner of the goods he will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
7.4 The Customer's right to possession shall cease if he. not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The Company may for the purpose of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
7.5 The Customer shall be at liberty to agree to sell on the goods or any product produced from or with the goods subject to the express condition that such an agreement to sell shall take place as agents (save that the customer shall not hold himself out as such) and bailees for the Company, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company's monies.
8.1 Unless otherwise agreed in writing delivery of goods shall be ex the Company's premises.
9. Loss Or Damage
9.1 The Company is only responsible for loss of or damage to any vehicle or its accessories or contents 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.
10. Replaced Parts
10.1 All parts replaced during any work done, except those that have to be returned to manufacturers or suppliers under warranty or service exchange arrangements, 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.
11. Returned Goods
11.1 Goods will be accepted back for credit provided:
11.1.1 The Customer returns the goods within 14 working days of delivery; and
11.1.2 The original invoice is produced; and
11.1.3 The Customer pays the Company's current handling charges for returned goods; and
11.1.4 The goods were not specially ordered by the Customer.
11.2 Save as aforesaid goods will not be accepted back by the Company.
12. Loss or Damage
12.1 Parts surcharge will be credited up to 14 days after invoice date but only n return of the replaced item. Credit will be given in the same manner as the payment of the surcharge was made.
13.1 The Company shall be entitled to carry out its obligation under this Contract by subcontractors but shall be responsible for quality of sub-contractors' work.
14. Health and Safety
14.1 Notice is hereby given to the Customer that the instructions for use, cautionary notices, and other technical notices and information are supplied to the Customer with the goods.
15.1 The Company warrants that all genuine parts will be free of defects for 12 months. In respect of any other parts fitted or other goods, the Company assigns to the Customer the benefit of the applicable manufacturer's warranty. The Company warrants its work free of defects for a period of 3 months or 3,000 miles, whichever occurs sooner, from the date of completion of the work.
15.2 If the work includes painting then:
I) 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 can be given in this respect;
ii) no warranty can be given that the new paintwork will match existing paintwork exactly.
15.3 The warranties in 15.1 above are in addition to any other remedies the Customer may have under the Contract but where applicable do not extend to cover defects arising from failure by the Customer to have the vehicle serviced in accordance with the manufacturer's recommendations.
16.1 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.
17.1 All disputes or differences which shall at any time arise between the parties whether during the term of afterwards touching or concerning this agreement or its construction or effect or the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Charted Institute of Arbitrators in accordance with the Arbitration Act of 1996 or any Statutory modifications or re-enactment of it for the time being in force.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
First published 1990 and is subject to alteration without prior notification