“Customer” means the person, firm or company to be supplied with the Goods by the company.
“Goods” means the vehicles plant equipment materials goods and/or any other items and/or (where applicable) services to be supplied pursuant to the Contract (including goods or materials which have been affixed to or from any vehicle or structure)
“Contract” means the contract for sale by the company and the purchase by the Customer of the Goods made between the Company and the Customer to which these Conditions apply and which shall include any order issued there under.
2.1 All prices quoted by the Company for the Goods are based on the prices at the time of preparing the estimate and the Company reserves the right to increase such prices to the Customer. All estimates for work to be done are valid for 30 days from date of the prepared quote to the customer and are subject to a 10% deviation.
2.2 Unless otherwise stated all prices shown are inclusive of VAT
2.3 Where the customer does not hold a credit account with the Company payment for the goods must be made on completion and collection of the vehicle
2.4 Where the Customer holds a Credit account with the Company payment is due no later than 30 days after the invoice date.
2.5 Interest at the rate of 1.5% per month or part thereof will accrue on overdue accounts from the date of the invoice or payment.
4.1 any implied conditions the Company has or will have the right to sell new parts or when the property in the Goods is to pass or
4.2 when the Customer deals as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977) any implied term relating to the description merchantability, quality, fitness or conformance with sample.
7.1 The property in any Goods supplied will not pass to the Customer until all sums due from the Customer to the Company may at any time after any sum payable by the Customer to the Company (whether under this Contract or otherwise) has been paid in full and until such payment the Customer shall hold the Goods in a fiduciary capacity for the Company.
7.2 Without prejudice to any of the Company’s other rights, the Company may at any time after any sum payable by the Customer to the Company (whether under this contract or otherwise) has become due remains unpaid rescind the Contract and/or recover any Goods which are still the Company’s property and may enter onto the premises itself or through its servants or agents for that purpose.
7.3 Whether or not any sum has become due from the Customer under the Contract such sum will be deemed due from the customer immediately on the Customer committing any act of bankruptcy or making any arrangement or composition with its creditors or his taking the benefit of any Act for the time being in force the relief of insolvent debtors or his suffering or allowing any execution whether legal or equitable to be levied on his property or to be obtained against him (or being body corporate) its having a meeting of creditors (whether formal or informal) or it having entered into liquidation (whether voluntary or compulsory) or an administrative receiver or administrator being appointed over its undertaking or any part thereof or its having a resolution passed or petition presented to any court for the winding-up of the Customer or there being any proceedings commenced relating to the insolvency of the Customer.
7.4 Notwithstanding the foregoing provisions the risk in any Goods supplied shall pass on delivery to the Customer.
8. Where the customer requests the Company to investigate any fault or complaint with the Customer’s Vehicle the Company will endeavour to contact the Customer before proceeding with any work or repairs found to be necessary but shall be under no obligation so to do and the Company is hereby authorised to carry out all work and supply such parts as it deems is necessary to rectify the fault or compliant notified by the customer. The specifically implies if a vehicle is booked in for work, a contract to repair is implied. It is the owners responsiblity to ensure a spending limit for work required.
9. Returns for credit will not be accepted unless the Company’s previous consent has been obtained and either (a) a claim under manufacturer’s warranty is involved, or (b) the Company expressly agrees to accept the returns.
10. Quoted prices for ordered goods are liable to change without notification if altered by the manufacturer or supplier.
11. The Company will endeavour to deliver the Goods ordered within the time agreed and if no time is agreed within a reasonable time but in no circumstances will the Company be liable for loss or damage of any kind whatsoever caused directly or indirectly by any delay in the delivery of the goods nor will any such delay entitle the Customer to cancel or rescind the Contract.
11.2 Unless otherwise agreed, delivery will be made at the Company’s premises and the Contract price is calculated on that basis.
12. If the customer defaults in accepting delivery or paying for the Goods the Company reserves the right to re-sell the Goods to a third party without giving notice to the Customer of the Company’s intention to re-sell.
13. Goods supplied to the Customer’s special order will not be accepted for credit unless they are defective.
14. While carrying out the work requested by the customer, the Company may discover that in the interest of safety and satisfactory completion of the work requested, additional repair work appears necessary. In such cases, the Company will promptly contact the Customer to obtain approval for carrying out the additional work and thus save the Customer possible extra costs by reason of possible subsequent further dismantling and re-assembly at a later date. All work done and parts/materials supplied will be charged on completion.
15. Unless credit facilities have been arranged previously (and the terms of credit are being observed) released of the Customer’s Vehicle will be subject to all charges having been paid in full by cash or by a bank / credit card. Where evidence of such acceptance is displayed.
16. Without prejudice to clause 3 above the Company agrees to give the Customer the benefit of any manufacturer’s warranty as far as the Company is able. The Company will progress claims on behalf of the Customer with the Manufacturer concerned, but in the event of claims being rejected in whole or in part, the Customer undertakes to pay the part of the claim the manufacturer fails to meet. Where claims are submitted to the manufacturer for work to be treated of a warranty nature, although strictly 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 in full or in part, the company will as appropriate, reimburse the Customer with the amount credited to the company by the manufacturer.
16.1 If the Customer does not collect a vehicle within 5 days of being notified that it is ready for collection or fails to authorise repairs without removing the relevant Vehicle from the Company’s premises within 14 days of being given a quotation the Company reserves the right to levy storage charges at its current rate.
16.2 Any Vehicle which is not collected by the Customer in respect of which payment for repairs carried out has been made within six calendar months of the Customer been advised of the completion of work it may be sold by the company and the cost of repairs and any storage charges may be deducted by the company from the net proceeds of the sale of the Vehicle. However before proceeding to sell the vehicle the Company shall first give the customer seven days written notice of the intention to do so, of which notice shall be sent by prepaid first class post, to the last known address of the customer and shall be deemed to have been received by the Customer on the first working day after posting. Any sale of the vehicle under this clause shall be by Public Auction and the Company, after discharging the costs of sale, the repairs and the storage charges, in its absolute discretion either retain the balance for the Customer or forward the balance to the Customer at the last known address.
17. In the event of a defect arising following the completion of the work described on the invoice and which, in the customer’s opinion is due to sub-standard workmanship, the Company will carry out the necessary corrective work free of charge subject to: the Customer returning the Vehicle to the Company promptly for examination and the Company’s agreement that the defect was the result of sub-standard workmanship;
No alternation or repair has been effected by the customer; and the defect is occurring within twelve months or ten thousand miles (whichever first occurs) from the date of the work described on the invoice. This excludes reasonable wear and tear.
If the Company is not contacted as soon as reasonably possible after the alleged defect arising, the Company reserves the right to reject any claim in respect of a defect which is alleged that was due wholly or partly to the Companies Workmanship.
18. The Company reserves the right to sub-contract any or all of the work
19. The Company will use its best endeavours to carry out the work within the time specified but shall not be of the essence and no liability is accepted by the Company for any delays.
20. All parts / goods replaced during service or repair, except those that have to be returned and manufacturers or supplies under warranty or service exchange arrangements or those which the customer has expressly or by implication asks to be replaced will be retained by the Company for the Customer for 5 days or until the Vehicle is collected by the customer. If the Customer does not specifically ask to take possession of such replaced Goods when collecting the Vehicle then they will become the property of the Company to dispose of as it deems fit.
21. The Company shall have a general lien over all Vehicles left with it by the Customer in respect of all the money due to the Company from the Customer or owners of the Vehicle under this contract or any other contract.
22. The company shall have no liability to the Customer in respect of any failure or delay in performing any of its contractual obligations to the Customer attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure shall be deemed to constitute breach of Contract.
23.1 The liability of the Company for the loss and damage under the Contract (including consequential or indirect loss or damage to the customer) shall not in any event exceed the price payable under the Contract whether such liability arises in contract or in tort or otherwise.
23.2 The limitation of clause 23.1 shall not apply so as to exclude or restrict the company’s liability for death or personal injury resulting from the negligence of the company.
The information you give us about yourself, the details of this Contract and the history of the business conducted between us, will be retained by us in our records. This will help us to make future credit and other commercial decisions about you. It will also enable us to tell you about any products and services which we think may interest you. You may elect not to receive such information. We may also disclose some or all the above information for any purpose connected with our business.
This does not affect your statutory rights.
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