After-Sales Terms of Business
We (‘The Company’) accept vehicles in order to provide Goods and / or Services. Services includes, but is not limited to repairs, inspection, determining and estimating repairs, storage, garaging or pending sale or for any other purpose. The provision of Goods and services are subject to the following terms and conditions (in addition to any conditions stated on the front):-
Orders / Estimates / Deposits
- Estimates are valid for 28 days from the date given. If instructions are not received from a customer (in response to an estimate rendered) within 28 days, the Company may invoice for reasonable storage charges from the date the vehicle was received until its collection. (Note:- The Company does not as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for).
- All estimates by the Company are subject to change caused by variations to the Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.
- If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
- The Company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
- Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.
- Orders received, for Goods and / or Services, from any driver employed by the Customer, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom the Company is entitled to make delivery of the vehicle, shall be binding upon the Customer.
- The Company may demand a deposit before commencing any work. The Customer shall co-operate with the Company in all matters relating to the Services.
Delivery / Completion
- Every endeavour will be made to provide the Goods and / or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and / or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection.
- Payment for all Goods and / or Services, repairs and / or spare parts supplied is due on completion of work. The Goods and / or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and / or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and / or Services. Cheques will be accepted only within the limits of a valid banker’s card.
- The Company shall have a general lien on all of the Customer’s vehicles and all their contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.
- If the Customer’s indebtedness to the Company is not satisfied within three months from the date of the first invoice to the Customer, the Company may without notice, sell any vehicle owned by the Customer and / or the contents thereof by public auction or private treaty. The net proceeds of the sales shall be applied towards satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand.
- Where in any case a driver who, so far as the Company is aware, has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss or damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time, connected with the Customer.
- If a vehicle is not collected, and the Company’s charges are not paid within 24 hours after the delivery of the vehicle to the Company, the Company may charge reasonable storage costs in respect of the vehicle from the date of completion of the repairs until collection or disposal under section 8 hereof as the case may be.
Limitation of Liability
- Where the Customer is not a consumer, all statements, conditions or warranties as to the quality of the Goods or their fitness for purpose whether expressed or implied by law or otherwise are hereby expressly excluded. Where the Customer is not a consumer, all statements, conditions or warranties as to performing the Service to a reasonable standard of care whether expressed or implied by law or otherwise are hereby expressly excluded.
- The Company is not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its servants. Under no circumstances will the Company accept liability for loss or damage outside its control or for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
- In connection with any inspection, repair, or contemplated repair, other Service or any purpose for which a vehicle is accepted by the Company, the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.
- The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied or any sub-contractor. All work carried out by the Company is warranted against failure due to defective work for a period of three months / 3000 miles, whichever occurs the first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.
- All parts removed by the Company in the course of repair shall, if not claimed by the Customer within 14 days after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
- Any notice to the Customer posted to his last known address shall be good notice. Any query regarding this invoice to be made in writing within 14 days of receipt.
- Save where the context forbids, the expression ‘vehicle’ wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle, and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.
- No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company by a Director or a duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of the Company otherwise than on such conditions.
- Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.
- Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on the Company’s premiers since the Company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by a lack of reasonable care on the part of the Company.
- If the Company’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention of delay.
- The Customer shall be liable to pay to the Company, on demand, all reasonable costs, charges or losses sustained or incurred by the Company arising directly or indirectly from the Customer’s fraud, negligence or failure to perform or delay in the performance of any of its obligations under the terms and conditions.
- The Company shall have no liability to the Customer under the terms and conditions if it is prevented from, or delayed performing, its obligations under the terms and conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
Sales Terms of Business
All goods sold by the Seller (“the Goods”) are sold on the following basis:
Owner’s Service Statement of Warranty
- New goods of the Manufacturer to which an Owner’s Service Statement applies are sold subject to and with the benefit of the Owners Service Statement which gives details of the service facilities available to the Customer free of charge and copies of which are available at the office of the Seller.
- New Goods to which the Owner’s Service Statement above does not apply are sold subject to, and with the benefit of the conditions of sale in so far as not inconsistent herewith and warranty (if any) of the manufacturer (or the concessionaire for the Goods in the United Kingdom or other supplier to the Seller, as appropriate) copies of which are available at the office of the Seller.
- Used Goods are sold subject to such express warranty (if any) as agreed in writing between the parties. The mileage shown on the mileometer of used vehicles is not guaranteed and should not be relied on as indicating the actual mileage run by the vehicle concerned. The warranties set out or referred to above are additional to all conditions and warranties by law except as mentioned below. Non-consumer sales only. In the case of non-consumer sales of goods not ordinarily bought for private use and sales to trade purchasers the implied statutory conditions as to quality and fitness shall not apply to the extent that these conditions may be negative by contract.
Capacity of Seller
The Seller contracts as a principal and not as an agent of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods and has no authority to make any representation or otherwise act on behalf of the Manufacturer of the Goods.
A quotation is not an offer and may be withdrawn without notice. Any order given in respect of a quotation is not binding on the Company until accepted by it in writing. All offers of goods from stock are subject to the goods remaining unsold at the time of the receipt of order.
Drawings weights, dimensions and descriptive matter published or referred to by the Company are intended to present only a general description. Their subject matter may be altered, corrected or cancelled at any time without notice to the Customer and they shall in no circumstances be deemed to be incorporated in or form part on the contract.
Alterations to Specifications
In the event of any alterations to the specification of the Goods the Seller reserves the right to deliver in fulfillment of the order Goods conforming to the Manufacturer’s specification prevailing at the time of delivery for Goods of the make and model ordered.
The Customer shall indemnify the Company against all claims made against the Company as a result of work done in accordance with the Customer’s specification ore design which involves the infringement of any patents, registered designs, trademarks or copyright.
The Company shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Company is not responsible for such specification and supply.
Discontinuance of Manufacture
In the event of the Manufacturer discontinuing the sale of Goods conforming to the specification set out overleaf the Seller may cancel the contract for the sale of the Goods and return the deposit paid by the Customer or its value without further liability on the part of the Seller or supply in fulfillment of the order a reasonable replacement therefore, if required in writing by the Customer.
Alterations to Price
In the event of any alteration to the Manufacturer’s recommended retail price Goods which are sold as New Goods will be sold subject to the prices ruling at the time of delivery of the Goods to the customer. Should there be an increase in the Manufacturer’s recommended retail price (including tax) exceeding 5 per cent the Customer may in writing cancel the order for such Goods within seven days of receiving notice of the increase.
The place of delivery shall be the Seller’s premises specified herein or elsewhere as agreed in writing between the parties hereto. The Seller shall not be liable to the Customer for any non-delivery or delay in delivery (whatever the cause of either) nor for any damage or loss caused thereby. In the event of the Seller being unable to deliver the Goods or any reasonable replacement therefore requested by the Customer for any reason whatsoever, either the Seller or the Customer shall be at liberty in writing to terminate this contract and in this event the Seller shall return any deposit paid by the Purchaser, without any further liability on the part of the Seller.
Any complaints in respect of goods supplied or services performed by the Company must be made in writing to the Company no later than 14 days after date of invoice or receipts of goods.
All goods shall remain the absolute and unencumbered property of the Seller until such time as the Seller has received cleared payment in full in respect of them.
Part Exchange Vehicle
Where the Seller has agreed to allow part of the total price of the Goods to be satisfied by the Customer delivering a Part Exchange Vehicle to the Seller, the allowance is hereby agreed to be given and the Part Exchange Vehicle is hereby agreed to be delivered and accepted as part of the sale and purchase of the Goods upon the following conditions:
- Such Part Exchange Vehicle is to be delivered to the Seller in the same condition as at the time of appraisal by the Seller (or, if no such appraisal took place, in the same condition as at the date of acceptance hereof by the Seller) without alteration of any particulars of the Part Exchange Vehicle appraised by the Seller, and if such Part Exchange Vehicle is not in the same condition or if any such particulars are altered or missing at the time of delivery to the Seller a reasonable deduction therefore shall be made from such allowance. Any allowance agreed prior to the production of the Certificate of Registration of the Part Exchange Vehicle is agreed subject to the verification of the date of first registration.
- If the Part Exchange Vehicle is not delivered to the Seller within thirty days of acceptance by the Seller or if the mileage run by the Part Exchange Vehicle exceeds by more than 2000 miles the mileage recorded by the Seller at the time of appraisal a reasonable alteration may be made by the Seller to the allowance on the Part Exchange Vehicle.
- If the Part Exchange Vehicle is the subject of a Hire Purchase agreement or any other charge or encumbrance whatsoever and a settlement of such Hire Purchase Agreement charge or encumbrance can be made by the Seller thereby vesting property in the Seller, the allowance to be made in respect of the Part Exchange Vehicle shall be reduced by the amount paid in settlement of such Hire Purchase Agreement charge or encumbrance.
- The Part Exchange vehicle shall be delivered to the Seller on or before delivery of the Goods to the customer and the property in the Part Exchange Vehicle shall thereupon pass to the Seller absolutely.
- The particulars and information given by the Customer in relation to the Part Exchange Vehicle are true and accurate in all respects.
If the Customer does not pay to the Seller the balance due on delivery within fourteen days of being notified by the Seller that the Goods are ready for delivery or if the Customer fails to deliver the Part Exchange Vehicle for which an allowance is being made or terminates the contract relating to the sale and purchase of the Goods, the Seller may in addition to any other rights under the contract, sell the Goods and may determine the contract (if not determined by the Customer) without prejudice to the Seller’s right to sue for breach of contract. Should the Goods be sold by the Seller a sum in respect of any loss sustained by the Seller by reason of the Customer’s failure to pay for the Goods or to deliver the Part Exchange Vehicle shall be paid to the Seller by the Customer. For this purpose the Seller shall be entitled to apply the whole or any part of any deposit towards making good the loss sustained by the Seller.
Variation of Terms
Subject to Clause 5 above, no variation of these Conditions of Sale shall be effective unless in writing and expressly accepted and agreed by or on behalf of the Seller.
Any notice required to be given under this contract may be sent by prepaid letter post addressed to the party receiving such notice at the address set out overleaf or at such other address as is notified by that party in writing to the other party.
Any order or offer by the Customer to purchase the Goods and (where applicable) to sell a Part Exchange Vehicle is subject to acceptance and confirmation in writing by the Seller. Subject to these Conditions of Sale once such acceptance has been given the Customer shall be legally bound to purchase the Goods and the Seller to sell them. In the event of the Customer wishing to obtain finance for the Goods whether by way of hire purchase, credit sale, conditional sale, loan or otherwise he shall be at liberty to do so but any arrangement made between the Customer any person, firm or company providing finance (“the Hire Purchase Company”) shall in no way affect the Customer’s obligation under this Agreement, even though the Seller may act as the agent for either the Customer or the Hire Purchase Company in connection with the financial arrangements. If the Customer concludes such financial arrangements and requests the Seller to transfer the title of the Goods directly to the Hire Purchase Company or to any other person, firm or company, the Seller agrees to do so on the same terms as to the Customer provided that if any legal or administrative costs are involved in such transaction such costs will be paid by the Customer and also that the Customer remains bound by these Conditions of Sale.
The Seller adheres to the code of Practice for the Motor Industry drawn up in consultation with the Director General of Fair Trading. The Seller will co-operate in the submission of any unsatisfied grievance or dispute to the appropriate conciliation and arbitration services available under the code.