Terms & Conditions
1. Contract Terms
Please read these Terms of Business (Terms) carefully as they set out the terms on which the Seller agrees to provide goods and services to you. Unless other terms and conditions are expressly agreed by both parties by way of a specific written amendment signed by you and one of the Seller's directors, General or Branch Managers, the Sale will be on the terms and conditions set out below.
2.1 Please read these Terms of Business (Terms) carefully as they set out the terms on which the Seller agrees to provide goods and services to you. Unless other terms and conditions are expressly agreed by both parties by way of a specific written amendment signed by you and one of the Seller's directors, General or Branch Managers, the Sale will be on the terms and conditions set out below.
2.2 All prices exclude VAT unless otherwise stated. VAT will then be added on the estimate or invoice.
2.3 Unless you hold a credit account with the Seller payment for parts and labour must be made in advance of collecting the vehicle and/or the parts as applicable. Payment can be made by credit or debit card, electronic transfer of funds to our bank account, personal cheque or in cash (up to certain limits).
2.4 Where you hold a credit account with us, then payment is due on the 20th of the month following the month of invoice.
2.5 Notwithstanding any contract term allowing you credit, payment will become immediately due and payable to the Seller if any of the events referred to in clause 9 occurs.
2.6 Failure to pay any amount due will entitle the Seller to charge interest on the amount outstanding at an annual rate of 5% above Barclays Bank Plc base rate from time to time calculated on a daily basis from the due date until the date of actual payment (after as well as before any legal judgment against you).
2.7 If you fail to make payment of any sum due on the due date under this or any other contract with the Seller, the Seller may postpone delivery of the vehicle and/or parts or cancel this or any other contract with you, but without limiting any other rights or remedies which the Seller may have in respect of such failure by you.
2.8 The Seller is entitled to use any payment made by you in respect of any goods in settlement of any outstanding invoices or accounts as the Seller in its absolute discretion thinks fit, notwithstanding any purported purpose indicated by you
3. Delivery of Parts
3.1 Time of delivery will not be of the essence. The Seller will endeavour to deliver the goods as agreed under the contract within the time set out on the Order Form, or if no time has been specifically agreed, within a reasonable time following the date that your order is accepted. In no circumstances will the Seller be liable for loss or damage of any kind caused directly or indirectly by any delay in the delivery of the goods.
3.2 Where the contract is for multiple goods the Seller may make delivery by instalments.
3.3 Unless otherwise agreed, delivery will be made at the Seller's premises and the contract price is calculated on that basis.
3.4 Please check the goods carefully on delivery. If you wish to claim for damage or shortfalls in the delivery or that the goods do not materially comply with their description, then you must advise the Seller in writing within seven days of delivery. Failure to provide written notice within 7 days may result in your claim being denied.
3.5 Returns for credit will not be accepted without the Seller's prior written consent and either a claim under a manufacturer's warranty is involved or the parts are incorrect and not in compliance with the order or the Seller expressly agrees to accept the returns for credit subject to the Seller's administration/handling charge of 17.5% of the price (excluding VAT).
3.6 Any returns for credit must be made within 14 days quoting the invoice/order number.
3.7 In cases where you are not acting as a Consumer (as defined in the Consumer Rights Act 2015), then no drawings, descriptive matter, weights, dimensions or shipping specifications issued by the Seller or the manufacturer, nor any descriptions and illustrations contained in the Seller's or manufacturers brochures, price lists or other advertising material will be deemed to form part of the contract nor be regarded as a warranty or representation relating to the parts ordered.
3.8 Subject to clause 3.5, if you fail to take delivery of the goods, the Seller will be entitled to cancel or suspend such delivery and charge you for the loss suffered. The Seller reserves the right to re-sell the parts to a 3rd party without giving formal written notice to you.
3.9 Parts supplied to your special order or where they are specific to an individual vehicle (such as coded keys) will not be accepted for credit unless they are defective.
3.10 Any surcharge in the price of a part because your old part is not available for exchange at the time of sale will only be credited or refunded if an old part conforming to the re-conditioning requirement is returned to the Seller within 28 days of supply of the part.
4.1 The Seller will transfer to you the benefit of any warranty or guarantee given by the manufacturer or supplier of any parts. This will be in addition to any warranty or guarantee which the Seller gives you in respect of the work carried out.
4.2 If you are dealing as a consumer as defined by the Consumer Rights Act 2015, then this warranty is in addition to your legal rights in relation to goods and/or services which are faulty or not as described. Advice about your legal rights is available from your Local Citizens Advice Bureau or Trading Standards Office.
5.1 To the fullest extent permitted by law, the Seller will have no liability under the contract for any loss which is not foreseeable (that is if it was an obvious consequence of our breach or if it was contemplated by both parties at the time of entering into the contract) loss of profit, revenue, sales or income, loss of business, loss of savings, business interruption or loss of business opportunity.
5.2 The Seller does not in any way exclude or limit liability for:
5.2.1 death or personal injury caused by the Seller's negligence;
5.2.2 fraud or fraudulent misrepresentation;
5.2.3 where you are dealing as a consumer as defined by the Consumer Rights Act 2015:
(a) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (right to supply goods and quiet possession);
(b) any breach of the terms implied by sections 9 - 14 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description, pre-contract information samples/models);
(c) any breach of the Terms implied by sections 49 - 52 of the Consumer Rights Act 2015 (reasonable care and skill, information, reasonable price and reasonable time); and
(d) defective products under the Consumer Protection Act 1987.
6. Risk & Ownership
6.1 Your vehicle, its contents and accessories remain at your risk whilst in the possession of the Seller. We recommend that you remove all personal contents before leaving the vehicle with us.
6.2 Ownership of the parts supplied will not pass to you until the Seller has received payment for the parts in full. Until that time, you must hold the parts on our behalf and store the parts at your own cost separately from all other products in your possession. You will not conceal or obliterate any mark placed on the parts so as to be clearly identifiable as the Seller's property.
6.3 The Seller will be entitled at any time after payment for the parts/servicing has become due to repossess the parts and remove them to the Seller's premises. You grant the Seller an irrevocable licence to enter any of your premises for the purposes of inspecting or repossessing the parts.
6.4 The risk of loss or damage to the parts passes to you on delivery to you or to a person nominated by you to take delivery.
7. Servicing & Repair
7.1 Where you request us to investigate any fault or complaint with your vehicle we will take this as authority to proceed with the diagnostic work to identify the fault and suggested remedy. We will endeavour to contact you using the contact details provided to the Seller to obtain your verbal or other agreement before proceeding with any repair work.
7.2 While carrying out the work requested by you, we may discover that in the interest of safety and satisfactory completion of the work that additional repair work is necessary. In such cases, we will contact you to obtain approval for carrying out any additional work. All work done and parts and materials supplied will then be charged to you on completion.
7.3 The Seller will not be liable or responsible for any failure or delay in supplying the parts or performing any of its obligations under the contract if this is caused by an Event Outside Our Control (which means any act or event beyond our reasonable control, including but without being limited to, strikes or industrial action by the part manufacturers or other third parties, civil commotion, riot, invasion, terrorist attack or threat of such attack, war (declared or not), fire, explosion, storm, flood, earthquake or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railway, shipping, aircraft, motor or other means of public or private transport). The Seller may cancel the contract by giving written notice to you and will return any monies paid by you. You will however remain liable to pay for any work done prior to the date of cancellation.
7.4 The Seller reserves the right to subcontract all or any of the work.
7.5 The Seller will use its reasonable endeavours to carry out the work within the time specified or if no time is specified within a reasonable period of time but time shall not be of the essence.
7.6 All parts replaced except those that have to be returned to manufacturers or suppliers under warranty or service exchange agreements and those which the customer expressly ask to be retained will be disposed of by us for you. They will become the property of the Seller to dispose of as it deems fit.
7.7 Where the work or part of it is being done under the terms of the manufacturer's warranty, then we will progress claims on your behalf with the manufacturer concerned but in the event of claims being rejected, in whole or in part, you undertake to pay the Seller that part of the claim the manufacturer fails to meet. Where claims are submitted to the manufacturer for work to be treated as being of a warranty nature, even though strictly speaking outside the warranty period, payment in full for the work carried out will be required on or before collecting the vehicle on the understanding that should the manufacturer subsequently accept the claim, the Seller will as appropriate either reimburse or credit you with the amount credited to the Seller by the manufacturer.
7.8 If you do not collect a vehicle within 7 days of being notified that it is ready for collection or you fail to authorise repairs without removing the vehicle within 7 days of being given an estimate, then the Seller reserves the right to levy storage charges at its current rate.
7.9 Any vehicle which is not collected by you and for which payment for repairs have not been made within three calendar months of you having been advised that the work is completed, may be sold by the Seller. The cost of the repairs and any storage charges may be deducted by the Seller from the net proceeds of sale of the vehicle. Before proceeding to sell the vehicle the Seller must first give you written notice of its intention to sell the vehicle and the notice will be sent to you by pre-paid first class post to the address last known to us.
8.1 Where you are dealing as a consumer, and you have a complaint or dispute with the Seller, the Seller operates its own complaints handling procedure. For full details of this procedure, please see the Seller's website under "Customer Services".
8.2 In the event of us not being able to resolve the matter, you have a right to complain to the following CTSI certified alternative dispute resolution providers that deal with motor industry complaints: Motor Codes http://adr.motorcodes.co.uk or the National Conciliation Service http://www.nationalconciliationservice.co.uk.
8.3 The Seller confirms that it will engage with an alternative dispute resolution procedure operated by these providers.
9.1 The contract will terminate immediately on the happening of any of the following events:
9.1.1 if you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.
9.1.2 the Seller serves written notice on you that you have failed to observe or perform any of your obligations or duties under this or any other contract with the Seller.
9.2 Termination of the contract will be without prejudice to the rights, obligations and liabilities of either party accrued prior to termination
10.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter will be governed by and construed in accordance with the laws of England and Wales.
10.2 Any formal notices to the Seller should be sent to its registered office. If the Seller needs to give you formal notice this will be by email or by post to an address you provide to us or the Seller otherwise holds for you.
10.3 No person who is not a party to the contract between us acquires any benefit or rights under these Terms.
10.4 If either party gives up their rights or remedies on one occasion that does not mean they are doing so in respect of other rights or remedies.
10.5 If any provision of the contract is held to be illegal, invalid or unenforceable in whole or in part, that provision will to the extent necessary be deemed to not form part of the contract and the legality, validity and enforceability of the remainder will not be affected.