1. CONTRACT TERMS
1.1 These terms of Business (Terms) set out the terms on which the Seller agrees to provide goods and services to you. These Terms apply to the Contract (as defined below) between you and the Seller to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2 The following definitions apply: "Business Customer" means a person other than a Consumer, including a person acting for purposes relating to that person’s trade, business, craft or profession; "Consumer" means a consumer as defined in the Consumer Rights Act 2015; "Contract" means the contract for the sale of goods and services between the Seller and you, which consists of these Terms and (as applicable) the Order or Job Card; "Event Outside Our Control" means any event beyond the Seller's reasonable control, including (without limitation), delay or non-supply by the goods manufacturer or other third party supplier of the goods, damage or faults to the goods caused prior to its delivery to the Seller, strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of such attack, war (declared or not), fire, explosion, storm, flood, earthquake or other natural disaster, epidemic or pandemic, 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; "Job Card" means the job card agreed between you and the Seller for work to be carried out (and parts supplied), whether a physical job card or a summary of work to be done agreed by telephone, email or using a self-service check in, and then recorded on a job card; "Order" means the order agreed between you and the Seller for supply of parts.
2. ACCEPTANCE
2.1 Any quotation or offer is given on the basis that no contract exists between the Seller and you until: (i) you; and (ii) the Seller’s duly authorised employee each have signed or agreed (including via email, mobile messaging, digital signature/authorisation or telephone) a Job Card or an Order .
2.2 Any updates or modifications to a Job Card, including (i) any request for additional goods or services you add by way of additional comments or notes; (ii) additional goods or services we may discover and recommend while undertaking work on your vehicle, must be agreed by both parties:
2.2.1 we will contact you to obtain approval for carrying out any additional work;
2.2.2 requests to investigate any fault or complaint with your vehicle will be carried out in accordance with clauses 6.1 and 6.2 below;
2.2.3 any additional costs, delivery timelines, or other relevant changes will be clearly outlined by email, mobile messaging, digital signature/authorisation or telephone; and
2.2.4 all work done and goods and materials supplied will then be charged to you on completion.
2.3 The Seller may change these Terms without notice to you in relation to future sales.
3. DELIVERY/FAULTS
3.1 Time of delivery will not be of the essence. The Seller will endeavour to deliver the goods or services as agreed under the Contract within the time set out in the Contract, or as otherwise agreed, or if no time has been specifically agreed, within a reasonable time.
3.2 The Seller shall have no liability for any failure to deliver, or delay in delivering, goods or services where that failure or delay is caused by an Event Outside Our Control. 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 goods and services delivered prior to the date of cancellation.
3.3 Delivery of the goods will be made from the Seller's premises and any vehicle must be delivered to and collected from the Seller’s premises for the services to be carried out unless otherwise agreed and the Contract price is calculated on that basis. Where the Contract is for multiple goods and / or services the Seller may make delivery and / or supply by instalments.
3.4 Please check the goods carefully on delivery. If you wish to claim for damage or for a shortfall in relation to the goods, then you must advise the Seller by no later than the Seller’s next working day after delivery or collection or, if any latent defect or damage is not reasonably apparent on delivery or collection, by no later than the Seller’s next working day after you become aware of or should reasonably have become aware of such latent defect or damage.
3.5 We accept no liability relating to any software features installed in, or available for, Goods, nor for any such features being withdrawn by, or no longer supported by, the manufacturer.
3.6 If you are a Business Customer and you become aware within the first six months after delivery, that the goods (or any part of them) is not as described in the Contract or, has a defect in design, material or workmanship that was present on delivery, or the services (or any part of them) have been carried out without reasonable skill and care, then you must notify the Seller within 5 days of: (i) delivery, or if later, (ii) the issue becoming apparent. The Seller will, at its option, repair or replace the goods or affected part or repeat the service. If the Seller is unable to repair, replace or repeat within a reasonable period (taking into account the nature of the issue), then either party can terminate the Contract and the goods must be returned to the Seller and the Seller will refund the purchase price of the goods, less a reasonable amount in respect of the use which you have made of the goods or reduce the price of the service. The Seller will not be liable to replace, repair, repeat or give a refund where: (i) the defect was not present on delivery; (ii) the defect has arisen as a result of fair wear and tear, wilful damage or negligence (with the exception of the wilful damage or negligence of the Seller); or (iii) you or a third party on your instructions have altered or repaired the goods without the Seller's written consent.
3.7 If you are a Business Customer: (i) except as provided in this clause 3, the Seller shall have no liability to you in respect of goods which do not match their description in the Contract or which has a defect of design, material or workmanship, or services carried out without reasonable skill and care and in particular shall have no liability for any such failing first notified to the Seller more than 6 months after collection or delivery; and (ii) the terms and conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
3.8 This clause 3 does not affect your rights under any warranty or guarantee provided by the Seller or goods manufacturer.
3.9 If you are a Consumer, your legal rights in relation to the goods if they faulty or not as described and services carried out without reasonable skill and care, are not affected by these Terms or any warranty or guarantee for the goods. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
4. GUARANTEE
4.1 The Seller will transfer to you the benefit of any warranty or guarantee given by the manufacturer or supplier of any goods. Such warranty or guarantee may entitle you to have any defect in the goods remedied by any retailer within that manufacturer or supplier’s network who are authorised to carry out those services. You should check the applicable manufacturer or supplier warranty or guarantee terms and conditions which are available on request. This will be in addition to any warranty or guarantee which the Seller gives you in respect of the work carried out.
5. LIABILITY
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), and, the Seller shall have no liability for any loss of profit, loss of revenue, sales, earnings and/or income, loss of business, loss of savings, business interruption or loss of business opportunity (irrespective of whether such losses are direct or indirect).
5.2 The Seller does not in any way exclude or limit liability for: (a) death or personal injury caused by the Seller's negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for the Seller to limit liability and, where you are dealing as a Consumer, (i) any breach of the terms and conditions implied by section 17 of the Consumer Rights Act 2015 (right to supply goods and quiet possession); (ii) any breach of the terms and conditions implied by sections 9 to 14 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description, pre-contract information, samples/models); any breach of the terms and conditions implied by sections 49 – 52 of the Consumer Rights Act 2015 (reasonable care and skill, information, reasonable price and reasonable time); or (iii) defective products under the Consumer Protection Act 1987.
5.3 If you wish to exercise your right to reject goods, then you must return the goods to the dealership from which you purchased them.
6. SERVICING AND REPAIR
6.1 Where you request us to investigate any fault or complaint with your vehicle, or refer to a problem in your request for work to be done, 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.
6.2 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 goods and materials supplied will then be charged to you on completion.
6.3 The Seller reserves the right to subcontract all or any of the work.
6.4 All goods replaced except those that have to be returned to manufacturers or suppliers under warranty or service exchange agreements and those which you expressly ask to be retained before completion (and then collect within 7 days) will be disposed of by us for you. They will become the property of the Seller to dispose of as it deems fit.
6.5 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.
6.6 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 the registered keeper written notice of its intention to sell the vehicle and the notice will be sent to the registered keeper by pre-paid first class post to the address held by the DVLA.
7. MANUFACTURER’S WARRANTY
7.1 Where the work or part of it is being done or supplied under the terms of a manufacturer's warranty or guarantee (of the vehicle and / or the goods), 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.
8. OWNERSHIP AND RISK
8.1 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.
8.2 The risk of loss or damage to goods passes to you on delivery to you or to any person nominated by you to take delivery.
8.3 Ownership of the goods supplied will not pass to you until the Seller has received payment in full. Until that time, you will hold the goods on our behalf and store the goods at your own cost separately from all other products in your possession. You will not conceal or obliterate any mark placed on the goods so as to be clearly identifiable as the Seller’s property.
8.4 The Seller will be entitled at any time after payment for the goods/servicing has become due to repossess the goods 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 goods.
9. PRICE
9.1 All prices quoted by the Seller for goods and labour are based on the prices current at the time of preparing the estimates. The Seller may amend the Contract price to take account of any increase in the recommended retail price of the goods and/or labour and/or delivery charges and any increase in taxes or duties before the delivery or service takes place. The Seller will notify you as soon as possible of any change in the Contract price as a result of such increases and if you do not notify the Seller within 14 days of notification of the change in the Contract price that the Contract is terminated, then the price will be amended as proposed.
9.2 All estimates are valid for 14 days from the date of despatch or notification of the estimate to you.
9.3 All prices include VAT unless otherwise stated.
10. PAYMENT
10.1 Unless you hold a credit account or have a payment plan agreed with the Seller, payment for goods and services must be made in advance of collecting the vehicle and/or the goods as applicable.
10.2 Payment can be made by credit or debit card (subject to limits set by the Seller from time to time) or electronic transfer of funds to the Seller's bank account. Payments can be made by personal cheque only if specifically agreed by us and only up to certain limits.
10.3 Where you hold a credit account with the Seller, then payment is due on the 20th of the month following the month of invoice.
10.4 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).
10.5 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 12.1 occurs.
10.6 If you fail to make payment of any sum due on the due date under this Contract or any other contract with the Seller, the Seller may postpone delivery of the vehicle and/or goods 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.
10.7 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.
11. CANCELLATION/RETURNS
11.1 Where you deal as a Consumer and the Contract has been negotiated and entered into and the goods and/or services then delivered (i) without any face to face contact between you and the Seller; or (ii) entirely in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the goods to you and 14 calendar days of the date of concluding the contract for the services. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.
11.2 If you cancel the Contract under clause 11.1:
11.2.1 in respect of goods, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the goods have not been delivered or, where it has been delivered, within 14 days of you returning the goods to the Seller. You must return the goods within 14 days of your cancellation at your cost; and
11.2.2 in respect of services including any goods installed or used in those services, then the Seller will, in so far as it is reasonable to do so, cease carrying out the services from receipt of the notice of cancellation. You must pay the Seller for any services including any goods installed or used in those services, delivered prior to receipt of the notice of cancellation.
Any reimbursement will be made using the same means of payment as you used to pay the Seller unless you and the Seller have expressly agreed otherwise
11.3 Returns of goods 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 goods are incorrect and not in compliance with the Contract or the Seller expressly agrees to accept the returns for credit subject to the Seller's administration/handling charge of 20 % of the price (excluding VAT).
11.4 Any returns for credit must be made within 14 days quoting the invoice/order number.
11.5 Any returned goods must be delivered to the Seller unused, in their original packaging and in good and resalable condition, save in respect of defective goods returned in accordance with clause 3.4. If this is not the case the Seller is entitled to deduct a fair and reasonable amount to reflect the condition of the returned goods and you will receive only a partial refund or no refund at all. 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 Goods to a 3rd party without giving formal written notice to you.
11.6 Goods 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.
11.7 Any surcharge in the price of goods 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 goods.
12. TERMINATION
12.1 The Contract will terminate immediately on the happening of any of the following events: (i) 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; or (ii) 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.
12.2 Termination of the Contract will be without prejudice to the rights, obligations and liabilities of either party already accrued.
13. COMPLAINTS
13.1 If you have any questions about the goods or services, please contact the Seller at the selling dealership.
13.2 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”. 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: the motor ombudsman (themotorombudsman.org) or the national conciliation service (nationalconciliationservice.co.uk). The Seller confirms that it will engage with an alternative dispute resolution procedure operated by these providers.
14. GENERAL
14.1 The Seller can assign, subcontract or sub-let the Contract or any part of it.
14.2 The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and, subject to clause 13.2, the parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction over any such dispute or claim.
14.3 Any formal notices to the Seller should be sent to its registered office marked for the attention of the Company Secretary. If the Seller needs to give you formal notice this will be by email or by post to the address in the Job Card or Order or that the Seller otherwise holds for you.
14.4 No person who is not a party to the Contract between us acquires any benefit or right under the Contract.
14.5 If either party gives up their rights or remedies on one occasion that does not mean they are doing so in respect of any other rights or remedies.
14.6 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.