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) :-
1.) 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).
1.1) If no estimate is provided or if part only of the work covered by the estimate is carried out by 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.
1.2) The Company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
2.) 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 it if thinks fit require the Customer to pay on completion of the work any increase due to such variation.
3.) 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 customers agent, or by the order of any person to whom the company is entitled to make a delivery of the vehicle, shall be binding upon the customer.
4.) 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.
5.) 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 / Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant collection.
6.) Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work. The 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.
7.) 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.
8.) Where the customer is not a Consumer, all statements, conditions or warranties as to 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.
9.) The Company is not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such a 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.
10.) 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 first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.
11.) 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 specifically ordered are not returnable.
12.) Any notice to the Customer posted to their last known address shall be good notice. Any query regarding this invoice needs to be made in writing within 14 days of receipt.
13.) 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.
14.) No alteration or qualification of these printed terms and conditions shall be effective unless in writing, singed 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.
15.) Unless stated otherwise, all service work undertaken is carried out in accordance with the Manufacturers schedule.
16.) Customers are strongly advised to remove all items of value not connected with the Vehicle when leaving it on the Company’s premises 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 reasonable lack of care on the part of the Company.
17.) 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 employee’s, 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 or delay.
18.) 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.
19.) 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.