Terms and conditions
- Investigation and Diagnostics
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- Following the booking and prior to the calculation of an Estimate or Quotation it may be necessary for the Garage to conduct investigative or diagnostic work on the Vehicle in order to determine the nature of the Work required.
- Investigative and diagnostic work may incur a charge; the Garage and the Customer shall agree upon a financial limit for such work prior to commencement. No investigation or diagnostics shall take place until such a limit has been agreed.
- If the Garage is to charge the Customer for producing an Estimate and/or a Quotation it shall notify the Customer prior to the production of the Estimate or Quotation.
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- Estimate
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- Based upon the details provided by the Customer and additional information gathered from any investigation or diagnostics the Garage will prepare and submit an Estimate to the Customer which shall set out the estimated Price.
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- Quotation
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- Following any negotiation and agreements further to the Estimate, the Garage will prepare and submit a Quotation to the Customer which shall set out the final Price.
- Following the Customer’s acceptance of the Quotation the Garage shall confirm the booking and shall use reasonable endeavours to ensure that the date is as close to that originally requested by the Customer as possible.
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- Payment and Invoices
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- Any deposit or similar prepayment required shall be stated in the Quotation and must be paid within 3 days. The Garage shall ensure that any such prepayments are held in a secure account and can be returned to the Customer as appropriate.
- From the point at which Work on the Vehicle commences up until the point at which all sums due are paid in full the Garage shall have a general lien on the Vehicle and its contents for all sums due. Title to any parts supplied shall not pass until the full amount of all debts from the Customer to the Garage have been paid.
- Following completion of the Work, the Garage shall issue an invoice to the Customer that shall provide:
- a comprehensive summary of all work done
- details of all parts and labour including their Price
- the VAT payable thereon.
- the mileage of the Vehicle
- reference to the warranty set out in Clause 10
- All sums shall be due within 14 days of the date of the relevant invoice.
- The Garage shall be entitled to sell the Vehicle at the expense of the Customer in the event that sums remain unpaid following written notice to the Customer of 14 days, such notice to commence no earlier than 14 days following the date of the relevant invoice.
- From the due date of payment until the taking of actions set out in sub-Clause 4.5 any outstanding sums shall incur interest on a daily basis at 4% p.a. above the base rate of The Bank of England until payment in full is made
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- Insurance Claims and Accident Damage
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- If the Work to be carried out on the Vehicle is the subject of an insurance claim the Customer (or the policyholder if they are not the same person) shall sign all documents required by the insurer to authorise payment to the Garage for the Work.
- The Garage shall not be responsible for any delays in completing the Work and / or returning the Vehicle to the Customer where such delays arise out of the actions of the insurer including the withholding of payment.
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- The Work
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- The Garage shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock at the time of the booking. If, due to non-availability of parts or a delay in delivery, it is impossible for the Work to be completed as arranged the Garage will inform the Customer and make arrangements for a re-booking, although the Customer may exercise their right to cancel as set out in Clause 12.
- Parts to be used (with the exception of additional parts referred to in sub-Clause 6.6) shall be agreed upon by the Customer and the Garage prior to commencement of the Work, the Garage providing any explanation requested for each part required.
- Unless agreed otherwise all parts used shall be new and shall be either the manufacturer of the vehicle (“Manufacturer”)’s original parts or those produced by a third party supplier to the Manufacturer.
- The time required for the Work will be agreed upon by the Customer and the Garage prior to commencement of the Work, subject to the additional time which may be required under sub-Clause 6.6. The Garage shall use reasonable endeavours to ensure that the Work is completed within the agreed time. Notwithstanding the provisions of this Clause however time shall not be of the essence in these Terms and Conditions. The Customer shall be informed promptly of any overruns and their reasons.
- The Garage will inform the Customer immediately and provide an estimate for the additional parts and labour if, during the course of the Work, it becomes evident that additional parts and/or labour are required; no additional Work will be carried out nor parts ordered without the consent of the Customer.
- If any parts are replaced, the original parts will be made available to the Customer for viewing and examination up to and including the time that the Customer collects the Vehicle. The Customer shall only remove such parts from the Garage on evidence of their ability to dispose of them in an environmentally responsible manner. If the Customer does not inspect and/or remove such parts the Garage shall dispose of them following collection of the Vehicle.
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- Vehicle Warranties
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- If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust / corrosion warranty at the time of the Work the Garage shall ensure that all work is carried out in accordance with the terms of those warranties and with the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts.
- If additional cost will be incurred by such conformity the Customer will be informed of alternatives and will have the consequences of such alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties) explained to them in full. The Customer’s decision shall be final.
- The Garage shall obtain the consent of any warranty provider (whether that is the Manufacturer or a third party organisation) prior to the commencement of any work covered by that warranty.
- The Garage shall not be responsible for any failure to comply with any warranties where the Customer has not made the Garage aware of such warranty.
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- Sub-Contracting
The Garage shall be free to sub-contract any of its obligations under these Terms and Conditions at no additional cost.
- Damage and Liability
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- Nothing in these Terms and Conditions shall be interpreted either as limiting the Garage’s liability for death or personal injury, or (if the customer deals as consumer) affecting the Customer’s statutory rights as a consumer arising out of The Supply of Goods and Services Act 1982
- The Garage shall use reasonable endeavours to ensure that good care is taken of the Vehicle after Customer has left the Vehicle in the Garage’s care
- Customer shall remove all possessions from the Vehicle prior to leaving the Vehicle in the Garage’s care and the Garage adopts no responsibility for any of the Customer’s possessions which may be left inside any Vehicle.
- The Garage’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions shall be limited to £500.
- The Garage is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Garage or by the Manufacturer.
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- Warranty and Guarantee
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- The Work shall be warranted from the date of invoice for a Warranty Period of 6 months or a distance of 6000 miles, whichever occurs first.
- Unless Customer is informed otherwise (warranties on certain parts may vary due to their original Manufacturers’ warranty conditions) all new parts shall be warranted from the date of invoice for a Warranty Period of 12 months or a distance of 12000 miles whichever occurs first; no warranty is provided of parts which are not new.
- If any Work done and/or parts used fails during the Warranty Period the Garage shall carry out the necessary repairs and replacements at no additional cost to the Customer.
- Unless specifically stated otherwise the warranty will be void if the Vehicle is used for anything other than normal purposes, including participating in racing or other competitions of any kind, participating in speed testing or time trials, use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example), use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; and failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations.
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- Courtesy Car
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- No request for a Courtesy Car will be valid unless the Customer shows satisfaction of these eligibility requirements:
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- The Customer must be the holder of a full (as opposed to provisional) driving licence which has been held for at least 3 years at the date of the booking, and in the case of a UK driving licence both the original (not copied) photocard licence and the paper counterpart must be produced
- The Customer must be between 23 and 70 years old.
- The Customer may not have more than 9 penalty points on their driving licence.
- The Customer may not have been banned from driving for a period of 3 months or more within a period of 5 years prior to the booking.as a result of a CD, DD, DR or UT offence.
- The Customer must present two forms of identification (in addition to their driving licence) when collecting the courtesy car, at least one of which must include the Customer’s home address. Acceptable forms include, but are not limited to, passports, bank statements and utility bills.
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- Notwithstanding the Customer’s satisfaction of the eligibility requirements set out in Clause 11.1, the Garage may still refuse to supply a courtesy car without stating any reason.
- If the Garage is willing to supply a courtesy car to the Customer then the Customer must agree a separate Courtesy Car Agreement with the Garage.
- No request for a Courtesy Car will be valid unless the Customer shows satisfaction of these eligibility requirements:
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- Cancellation
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- The Customer shall have the right to cancel the Work at any time prior to the completion of that Work, subject to the return of any Courtesy Car supplied; no cancellation shall be valid until any such Courtesy Car has been returned.
- Unless otherwise expressly agreed in writing any deposit or prepayment made in accordance with sub-Clause 4.1 shall not be returned to the Customer in the event of cancellation.
- If Work has commenced, the Customer will be required to pay and shall be invoiced for all labour and parts used up until the point of cancellation. The provisions of Clause 4 shall apply to the payment of any such invoice.
- If the Garage has ordered parts for the Vehicle but those parts have not been used prior to cancellation the Garage shall have the right to charge the Customer for those parts where, in the sole judgement of the Garage, the parts are unlikely to be used or sold within a period of 3 months.
- Notwithstanding any payment the Customer may make for parts under sub-Clause 12.4, those parts shall remain the property of the Garage and the Garage shall remain at liberty to use them or dispose of them as it sees fit.
- Following the payment of any sums due the Customer shall be required to collect (or arrange for the collection of) the Vehicle within 3 days. If the Vehicle remains in the Garage’s care beyond that period the Garage shall charge the Customer for storage at the rate of £25 per day and shall not release the Vehicle until any such sums are paid in full.
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- Customer Confidence and Satisfaction
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- If the Customer is not entirely satisfied with the Work they should contact the Garage’s customer service manager to allow the Garage to offer steps to resolve the complaint.
- In the event that the Customer’s complaint cannot be resolved between the Customer and the Garage the matter shall, on the agreement of both Parties, be referred to any Conciliation Service offered by any trade association of which the Garage is a member.
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- General
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- Data Protection: The Garage has the right to pass on any personal information provided by the Customer to relevant authorities including, but not limited to, the DVLA and the police. In the event that the Customer is in breach of these Terms and Conditions the Company may also pass on any such information to credit reference agencies and debt recovery agencies.
- No Waiver: No failure by either the Garage or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
- Severance: If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
- Force Majeure: Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
- Law and Jurisdiction: These Terms and Conditions shall be governed by the laws of England and Wales, and any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.
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