In these Terms & Conditions:
"we", "us", "our": means Swansway Garages Limited, a company registered in England with registered office at Gateway, Crewe, CW1 6YY (Co. No. 04507008). Our VAT no. is GB823807233.
"you" and "your": means our named customer whose details are on the order form.
“Terms”: means these Terms and Conditions.
1.1 These Terms apply to all vehicle and related accessories, goods and service sales between you and us.
1.2 Any order you place and any allowance we make for a used vehicle, is subject to written acceptance and confirmation by us. The agreement between us is only formed when we accept your order in writing i.e. when we sign the order form. Nothing obliges us to accept any order.
1.3 The order accepted by us, these Terms and any other special terms applicable to your purchase together, form the agreement between us. Any terms you seek to impose are excluded.
1.4 If you buy other services from us such as servicing, MOT or extended warranty, they may be subject to separate terms and conditions.
1.5 If there is any inconsistency between these Terms and the Order, the order prevails.
1.6 By agreeing to these Terms, you confirm you are a UK resident. Sales to overseas residents is at our discretion.
2.1 Vehicle information is on our website, in brochures or showrooms. We try to describe vehicles accurately but variations may occur between descriptions and the vehicle itself. We may not have a photo of a particular used vehicle online and will indicate if a library photo is used. This is an indication only of the vehicle and may not represent colour or options fitted. Variations between manufacturer brochures and vehicles may occur and performance forecasts are estimates only.
2.2 We may remove a vehicle from sale at any time including if for any reason, we are no longer able to offer it for sale.
2.3 Vehicles may be inspected in our showrooms but appointments may be required for viewing some vehicles.
3.1 To make a purchase, a deposit is payable on order. The total purchase price is reduced by the deposit amount.
3.2 Deposit payments are usually taken in our showroom but may be taken via phone, in which case we will send you the order for signature and return to us.
3.3 For used vehicles, deposit payments are required to remove the vehicle from sale (reserve it). Until then, other buyers will also be able to view and buy the vehicle. Unless we agree a different timescale in writing, used vehicles are reserved for 7 days, in which time you must pay in full. If we reasonably believe you do not intend to proceed to purchase, we may re-offer the vehicle for sale but will notify you first, to give you a chance to proceed.
3.4 If you do not proceed to purchase, we will use reasonable efforts to find an alternative, similar vehicle for you but do not guarantee that an alternative will be available.
3.5 Without affecting our other rights, we may retain the deposit if the agreement is terminated other than in accordance with these Terms.
4.1 You are responsible for ensuring that any purchase you make satisfies your own, personal requirements subject to any specific requirements you highlight to us before purchase.
4.2 For used vehicles, inspection reports are usually available on request. Inspection reports are to establish whether the vehicle meets our inspection standard. You should read the report carefully as it may contain important information about vehicle condition. If the vehicle has not met our standard, the report will give details. Queries about inspection reports should be raised with our sales team. All sales are made subject to any issues referred to in the report and otherwise notified to you.
4.3 Every vehicle is supplied with at least one key suitable for all locks. We do not guarantee that additional keys, including 'master' keys, will be provided. If additional keys are available, they will be supplied with the vehicle free of charge.
4.4 Except as expressly agreed by us in writing, accessories supplied may not be the product of the vehicle manufacturer.
4.5 You must inspect vehicles before signing the order (where relevant) and always before taking delivery. Used vehicles are sold subject to current condition as per the inspection report or as otherwise notified to you. Sales are therefore, subject to defects brought to your attention in any way or which you identify or reasonably ought to be aware of on inspecting the vehicle.
5.1 To buy a vehicle you must arrange for Handover (i.e. when you take delivery of or collect the vehicle) in accordance with paragraph 6 below and pay for the vehicle, all accessories, goods, delivery fee and any service fees (to the extent not already paid) in full and cleared funds before the vehicle is released to you. Please ensure you make any necessary arrangements in advance of Handover. We do not usually accept cheques but if we agree to do so, cheques must clear before any vehicle or goods are released. Nothing obliges us to hand over a vehicle which has not been paid for in full and clear funds before the Handover date.
6.1 Handover may be by collection from our showroom (Collection) or delivery to your home/workplace (Delivery). We try to accommodate requested delivery dates but cannot be responsible for delay in Delivery or Collection nor for any loss or cost you incur in connection with any delay. Delays may be due to factors beyond our control, e.g. manufacturer delay and timescales are indicative only. Delivery timing is not of the essence.
6.2 Delivery locations must be your home or work and be suitable and safe for Delivery. Dates and times of Collection or Delivery may be made by contacting the showroom. To change, please call, to give us notice. If you give less than one working days’ notice or are not there at the agreed time, we will use reasonable efforts to rearrange dates/times.
6.3 At Handover you will need a UK photo driving licence, your passport and another form of ID which shows your address plus proof that insurance is in place for the vehicle, in order for us to release it to you.
6.4 If you want someone else at Handover to take delivery (Agent), they will only be able to if you have told us of their identity in advance. If you appoint an Agent, you confirm that person has your full authority to act and you agree to be bound by your Agent’s actions. If your Agent is at Handover but you have not told us in advance, we will use reasonable efforts to speak to you to confirm your Agent’s identity. If we cannot speak to you, Handover will not take place. Your Agent must provide the documents referred to above for us to release the vehicle. On Collection, your Agent will need to show their licence and you must ensure that your Agent is aware of this in advance. If we reasonably believe the person we are met by is not you or authorised by you, or if our driver deems the location unsuitable or unsafe, we may cancel Handover and use reasonable efforts to rearrange.
6.5 You will be required to sign relevant Handover documentation. Ownership of the vehicle passes from us to you at Handover as does responsibility and risk. Until then, we continue to own the vehicle. If for any reason, we allow vehicle/accessories release prior to payment, until we receive clear payment in full of all sums due to us for any sale to you, you hold the vehicle/accessories as our bailee, must maintain the same in satisfactory condition and fully insured. We may recover payment for the vehicle/accessories even though title has not passed. If before title passes, you become bankrupt, insolvent, similar or are unable to pay your debts, then without limiting any other right we have, we may at any time require you deliver up the vehicle/accessories and if you fail to do so promptly, attend your premises to recover them.
6.6 Unless agreed by us in writing, if you fail to take delivery or collect a vehicle or any other product within fourteen days of us notifying you that the same is available for delivery or collection, we reserve the right to cancel the agreement, offer the vehicle for re-sale and deposits will not be returned. You will be liable to pay to us costs that we reasonably incur if you fail to take delivery or collection, including any storage costs and in such circumstances, we will not repay your deposit. Without affecting and subject to the above arrangements, if you unreasonably fail to take delivery of the vehicle, we may re-offer it for sale.
6.7 If we fail to deliver the vehicle within 21 days of the estimated delivery date in the order (or any notified revision), you may by written notice to us require delivery within 7 days from receipt of such notice. If delivery does not take place within the 7 days then you may terminate the agreement by notice in writing to us.
7.1 The vehicle purchase price on our website or in showroom is the price for the vehicle itself. Any other fees such as any delivery fee, cost of accessories or other goods and the cost of services is in addition. Prices include VAT unless the price states “plus VAT” or similar. We may alter prices at any time, without notice before the agreement is in place, and otherwise in accordance with these Terms. We may pass on any cost increases we don’t control, e.g. changes in vehicle tax, including once the agreement is formed. You shall pay VAT on all vehicles, goods and services properly charged at the prevailing rate.
7.2 Deposits may be paid by MasterCard, Visa credit card, Maestro, Delta or debit card. Balances may only be paid by debit card in person at the showroom or by electronic bank transfer. Charges we incur in processing card payments will be passed to you.
7.3 If we agree to buy a vehicle from you as trade-in (Your Vehicle) we will reduce the purchase price of the vehicle you are buying by the Trade in Value of Your Vehicle.
7.4 Used vehicles are sold and priced to condition. Any other services required by you in connection with the vehicle shall be at additional cost which must also be paid before Handover unless agreed by us in writing.
7.5 For new vehicle sales, if after the order date and before delivery, the manufacturer/concessionaire recommended price for the vehicle or accessories alters, we will notify you and in the case of:
7.5.1 increase, will notify you of the increased amount to be passed to you. You may cancel the contract within 14 days of receiving such notice. If you do not cancel, the increase shall be added and become part of the contract price;
7.5.2 reduction, will notify you of the allowance to be given to you. If the allowance is less than the reduction in the recommended price, you may cancel the contract within 14 days of receiving such notice. If you do not cancel, the decrease in price shall be deducted from the contract price.
8.1 Nothing in these Terms shall limit or affect our liability resulting from any vehicle, materials, parts, accessories or equipment supplied being found to be unsafe or if something we do negligently causes death or personal injury
8.2 Subject to paragraph 8.1, if we are in breach of our agreement, statutory duty, negligent or if other liability arises, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to us before Handover, subject to a maximum of the amount paid by you to us and any direct costs incurred by you as a direct result of our failure. We will not be liable in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us an opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.
8.3 Subject to paragraph 8.1, we shall not be responsible for any damage or loss suffered or incurred as a result of repairs, modifications or alterations to a vehicle by any person other than us or our agent.
8.4 Subject to paragraph 8.1 and without affecting any other exclusions, our liability shall not in any event include business or financial commercial losses such as lost profits, loss of business opportunity, business interruption, lost data or wasted expense whether as a direct or indirect result of something that we do or fail to do.
8.5 Unless we agree in writing, the only warranty supplied with vehicles (including fitted accessories) will be the manufacturer’s warranty (or balance thereof) should there be any and subject to us using reasonable efforts in seeking any such warranty from the manufacturer on your behalf. All other warranties are excluded to the extent legally permitted.
8.6 For new vehicles, additional manufacturer/commissionaire terms may apply. Such terms will be brought to your attention and a copy is available in our showroom. If a manufacturer ceases a particular model, accessory or feature, that is beyond our control and we will not be liable for an inability to supply due to any manufacturer action. If a manufacturer ceases to make a model entirely, you may cancel this agreement or if a particular feature or accessory is no longer available, you may cancel within 14 days of us notifying you of such issue (unless we can provide an equivalent).
9.1 A valuation about the value of a vehicle for trade in (Valuation) is a valuation based on what you tell us about your vehicle (YourVehicle) and not a price at which we are willing to buy it.
9.2 We always carry out an on-site inspection of Your Vehicle before we offer to use its value against a vehicle. After you receive an initial Valuation, you may book an on-site inspection (InspectionAppointment).
9.3 If we consider that Your Vehicle value is affected by history or condition, including any unusual feature or customisation not apparent on Valuation, the price we offer for trade in against a vehicle following on-site inspection will differ from the initial Valuation. After the Inspection Appointment we will provide you with a trade in value for Your Vehicle (Trade in Value) which is a quote valid for 10 days. Following the Inspection Appointment, we may offer to use the Trade in Value of Your Vehicle against a vehicle but are not obliged to do so.
9.4 If we agree to trade in Your Vehicle, we rely on your representation that:
9.4.1 you are at least 18 years old; and
9.4.2 to the best of your knowledge, information and belief:
a. you are the sole owner of Your Vehicle and have the right to sell it;
b. other than in respect of any finance outstanding on the Vehicle which is capable of cash settlement as disclosed to us, no person has any claim to Your Vehicle;
c. the mileage reading is true and accurate and the odometer has not been tampered with;
9.4.3 you have disclosed all matters which a prudent purchaser would want to know, such as defects and if it has material problems or damage;
9.4.4 all information supplied about Your Vehicle (whether at initial Valuation, Inspection Appointment or otherwise) is accurate; and
9.4.5 Your Vehicle is UK registered.
9.5 We may trade in Your Vehicle even if the subject of a third party finance arrangement (Finance Agreement), provided we receive a written statement of the amount required to settle the Finance Agreement in full from the third party.
9.6 We will only pay to a third party such sum we agree with you in writing. We will make such payment as soon as reasonably practicable after we agree to trade in Your Vehicle and following receipt of any sum due from you to settle a Finance Agreement or we may at our discretion, reduce the Trade in Value of Your Vehicle against the amount outstanding under the Finance Agreement.
9.7 Your Vehicle must be delivered by Handover or the day which is 14 days after we notify you that the vehicle is ready for Delivery or Collection, whichever is sooner. Ownership of Your Vehicle will pass to us on Handover.
9.8 An offer to buy Your Vehicle may only be accepted when you sign handover documentation. The purchase of Your Vehicle is subject to these Terms only and will not contain any other terms you wish to impose.
9.9 When we purchase Your Vehicle, you must provide keys, registration document, any service history, MOT certificate, user manuals and accessories e.g. locking wheel nut, radio fascia or remote control and must remove any personal possessions. Purchase of Your Vehicle is also on the basis that it is delivered to us in the same condition as at the time of on-site inspection (except fair wear and tear).
9.10 If Your Vehicle does not meet these requirements, we may refuse to accept it and you will be responsible for the full cash price of your new vehicle.
9.11 If through no fault by us, Handover does not take place within 30 days of the order date or estimated delivery date (whichever is later), Your Vehicle allowance shall be reduced by an amount not exceeding 2.5% of the Trade In Value for each complete 30 day period from the date of expiry of the first mentioned 30 days until the actual date of Handover.
9.12 You may, at least 7 days before the vehicle is ready for Handover, arrange for a finance company to purchase it from us at the price payable under this agreement. On such purchase any used vehicle for which an allowance was agreed (Your Vehicle) shall be bought by us at a price equal to such allowance, (subject to you complying with your obligations in our Agreement in connection with Your Vehicle) and we shall be accountable to the finance company on your behalf for the said allowance price and any deposit paid by you.
10.1 Nothing affects your statutory rights as a consumer including those under the Consumer Rights Act 2015 (e.g. that a vehicle will be of satisfactory quality). For information, consumers can contact Citizens Advice or Trading Standards.
10.2 If you think there is a fault or problem with a vehicle and wish to exercise any statutory right you may have, then you should cease using the vehicle until we have had the opportunity to inspect it and to avoid further damage. You will be responsible for returning the vehicle to the showroom from which you bought the vehicle (unless we agree to collect the vehicle from you or unless is it unsafe to drive the vehicle).
You agree to provide us promptly with any information that we reasonably request and promise that the information you provide, including when speaking to any of our representatives, is correct in so far as you are aware.
This paragraph 12 only applies if you have a cooling off right. It is not intended in any way to limit your rights for any defective product or service.
12.1 In some limited cases you may have a right to cancel the agreement. If so, you have up to fourteen days after the day of Handover to cancel. This is a “cooling off period” and only applies to consumers and only in some circumstances. A person or entity purchasing from us in a commercial or business capacity has no such rights. The provisions of paragraph 12 therefore only apply to consumers.
12.2 The right to cancel applies only if we have solely agreed the contract with you by distance means (e.g. phone or email), where there is no face to face meeting before we enter into our agreement. You will not have the right to cancel where you have been to our showroom to inspect a vehicle or signed an order when in our showroom.
12.3 Where you wish to exercise a right to cancel, you must do so in the cooling off period, in writing. Please write to us at the address on the order form who will explain the process for cancellation. You are responsible for returning the vehicle to us and must do so within fourteen days of cancelling. If you do not return the vehicle, we will collect it and charge our costs as a rate of £100 + VAT plus £5 + VAT per mile for the distance recorded between our address and your address, shown on viaMichelin.com or web based calculator of our choice. You must make the vehicle available for collection at the agreed date/time and agree we can enter your premises for collection.
12.4 You must take reasonable care of the vehicle within the cooling off period. If you do not and exercise a right to cancel, we may be able to claim compensation from you e.g., for vehicle damage while in your possession or control. In that case, we will arrange for the vehicle to be inspected and notify you of any damage. If there is any damage and you return the vehicle, you need to repair it at your cost (unless covered by your insurance). If you intend to cancel you should not use the vehicle for more than ten miles during that time as a reasonable distance in which to test the vehicle.
12.5 If you have the right to cancel and you traded in Your Vehicle, we will return Your Vehicle (or Trade in Value if your vehicle is sold) within fourteen days of cancellation and will charge you our costs in returning Your Vehicle.
12.6 Where there is a cancellation right, you are entitled to a refund of the price paid and any delivery charges (less Trade in Value and other permitted deductions). We may reduce the sum if the vehicle is devalued due to your handling of it while in your possession or control. If you bought additional services you may not receive a refund of any service fees where you cancel the agreement where we have already performed the services. Where any additional services are to be performed, you agree that we may begin to perform them before the end of any cooling off period and any sums you have paid for services we have already undertaken for you, will not be returnable and that aspect of the contract will therefore not be cancellable.
13.1 You may not transfer any of your rights under your contract with us to any other person. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be affected.
13.2 If either of us breaches the agreement and we choose to ignore this, we will each still be entitled to rely on our rights and remedies at a later date.
13.3 We shall not be responsible for any breach of your contract or any other matters caused by circumstances beyond our reasonable control.
13.5 Our contract with you is subject to English law. We will try to solve any disagreements quickly and efficiently. An alternative dispute resolution process is available to help resolve any disputes between you and us. The procedure is operated by The Motor Ombudsman (www.themotorombudsman.org). If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland. We subscribe to the Motor Industry Code of Practice.
13.6 Except where we specifically agree, nothing in these Terms will give to any other person, any benefit or rights to enforce any of them.
13.7 We reserve the right to appoint any third parties to assist us in performing our obligations or providing services, as we decide.
13.8 For clarification, nothing in these Terms shall exclude any liability that we may have for fraudulent misrepresentation.
13.9 If any provisions become void or unenforceable, all other parts will continue to be valid irrespective of the unenforceable provision. No change to these Terms will be effective unless agreed in writing by one of our authorised representatives.
13.10 Nothing in these Terms will imply a relationship of employment, partnership or agency between you and us except to the extent agreed by us in the circumstances or except if otherwise stated in these Terms.
13.11 We will not be liable to you if we are unable to perform any of our obligations under these Terms due to any reason beyond our reasonable control including legislation, fire, flood, failure of power supply, strike, employee stoppages or similar.
If you have any questions or complaints then these should be addressed to the Head of Business at the address shown on the order form. Updated: 01/03/2017
YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS. READ THEM CAREFULLY AS THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL PERFORM AFTERSALES SERVICES.
In these Terms & Conditions:
Services: meansthe services to be provided by us to you which may include, vehicle servicing, parts and accessory fitting, modifications, valet services, repairs, maintenance, inspection, diagnostics work, MOT and any other services performed in connection with the Vehicle. In each case, Services are as detailed on the booking form. Services also include the supply of replacement or other parts or accessories as required for the performance of the Services and which we fit to the Vehicle.
Terms: means these Terms and Conditions.
Vehicle: means the vehicle in connection with which you have requested Services or an estimate, which you deliver to our service centre and details of which are on the booking form.
we, us and our: means Swansway Garages Limited, a company registered in England with registered office at Gateway, Crewe, CW1 6YY (Co. No. 04507008). Our VAT no. is GB823807233.
you and your: means you, our named customer whose details are shown on the reverse.
1. About these Terms and our agreement
1.1 These Terms apply to all Services which we perform, to the exclusion of any terms which you may seek to impose.
1.2 Any booking for Services you place with us is an offer by you to enter into an agreement with us on these Terms. An agreement between us shall only be formed when we accept that offer which shall be on the sooner of when we: (a) begin to perform Services; or (b) accept your booking in writing; or (c) you deliver your Vehicle to our service centre. Nothing shall oblige us to accept any booking for Services and we may refuse any Service request.
1.3 These Terms and the booking form together, form the agreement between us.
1.4 If there is any inconsistency between these Terms and the booking form (as accepted by us), the booking form shall prevail.
1.5 If any Service variation is required once a booking has been accepted by us and the agreement is formed, the same shall be dealt with as an amendment to the agreement. If any new or additional Service is requested by you once the Services which were initially requested are complete, that shall constitute a new agreement between us.
2.1 All estimates for Services are valid for 14 days from the date of the estimate.
2.2 Estimates shall not constitute an offer by us to you.
2.3 Any genuine errors in estimates may be corrected by us at any time and without liability on our part.
2.4 It is in the nature of the type of work undertaken that additional work may be required following some or all of the initial Services being commenced or completed. This will be the case if in the course of performing the Services, additional problems come to light which require a change in the Services or additional Services to be performed. Any such change in or additional Services to be performed shall be at additional cost and any estimate previously provided shall not cover the cost of any additional or varied Services nor the cost of additional parts or accessories which may be required.
2.5 All prices quoted by us for parts and accessories are based on prices current at the time of preparing the estimate and we may increase such prices if the price to us from our suppliers is increased between preparing the estimate and obtaining the parts or accessories, in order to perform the Services.
3. Service centre bookings and delivery of Vehicle
3.1 Services will only be performed at the service centre into which the Vehicle has been booked except where we have expressly agreed otherwise.
3.2 Agreeing to change the centre at which the Services are to be performed at your request, is at our discretion and may result in a change to the date or time for performance of Services. We cannot guarantee to provide the Services at any other service centre than that originally booked but will use reasonable efforts to accommodate your request.
3.3 By delivering a Vehicle to us, you represent that that you are the owner of it or otherwise have the authority to deliver the Vehicle to us on behalf of the owner.
3.4 When you deliver a Vehicle to the service centre you must deliver keys to enable us to access the Vehicle.
3.5 If there are any problems with your Vehicle which you reasonably consider may render the Vehicle unsafe in any way, you must notify us of such matters at the latest, at the point at which you leave the Vehicle in our service centre.
4. Storage costs
4.1 If you leave a Vehicle with us to allow us to prepare an estimate, we may charge a storage charge based on our current storage rates beginning on the fifteenth day following the day on which you left the Vehicle at the centre unless: (a) the estimate which we have provided for the Services is accepted by you within fourteen days of that estimate being sent to you; or (b) the Vehicle is removed from the premises within that fourteen day period. This is because we have limited space for vehicle storage.
4.2 You must pay all Service fees (to the extent not already paid) before the Vehicle is released to you following completion of the Services in accordance with Clause 8 below. If you fail to pay, we may not release the Vehicle and may charge a storage fee based on our current storage rates if the Vehicle is not released to you as a result of you failing to pay.
4.3 If you fail to collect your Vehicle within seven days following the completion of Services by us, we may charge you a storage fee based on our current storage rates if you fail to collect the Vehicle within a reasonable period of time thereafter and once we have notified you that the vehicle is ready for collection.
5. Vehicle collection
5.1 We will notify you when the Services are complete and your Vehicle is ready for collection. You will be responsible for collection of your Vehicle and if you fail to collect the Vehicle, additional fees may apply as set out in Clause 4.3 above.
5.2 If you want someone else to collect your Vehicle (Agent), they will only be able to do so if you have told us of their identity in advance. Your Agent must have your full authority to act on your behalf and you agree to be bound by your Agent’s actions. If for any reason your Agent attends to collect a Vehicle but you have not told us in advance, we will use reasonable efforts to speak to you to confirm their identity. However, if we cannot speak to you, we will not release the Vehicle and will not be liable for any costs as a result, which may include storage fees.
5.3 On Collection, your Agent will need their driving licence. You must ensure your Agent is aware of this in advance.
5.4 We shall not be liable to you for any loss or damage caused by release of the Vehicle to any person who settles the account outstanding for tow and/or repair and/or storage (including in the case of a recovered Vehicle, a repossession, insurance claim or breakdown), provided always that such persons have held themselves out as duly authorised by you to have possession of the Vehicle.
5.5 It may be necessary for documentation to be signed before the Vehicle can be released from our service centre. Any person you use as an Agent must also have your authority to sign that documentation on your behalf.
5.6 Vehicles may only be collected from our service centre during our usual hours of operation which may vary between different centres. We do not agree to make Vehicles available for collection at other times.
6.Parts and accessories – ownership and risk
Where the Services include fitting of parts or accessories to the Vehicle, ownership in them shall pass from us to you on payment in full and cleared funds for all Services, including for any other Services which have been performed but which may not include fitting of such parts or accessories. Until then, we shall continue to own such parts and accessories, albeit that the same have been fitted to the Vehicle. If for any reason, we allow the release of the Vehicle, parts or accessories before payment, then until we receive clear payment in full of all sums due from you, you hold the parts and accessories on our behalf, must maintain them in satisfactory condition and fully insured. If we do release parts or accessories before payment is made, risk in them shall pass to you on delivery. We may recover payment for the parts and accessories where we have not been paid. If before title passes, you become subject to any of the events referred to in Clause 8.9 then without limiting our other rights, we may require you to return the parts and accessories and if you fail, attend your premises to recover them.
7.1 We may perform the Services in such manner as we decide and may appoint a sub-contractor to undertake all or any Services.
7.2 We will use our reasonable efforts to perform the Services within any time estimates notified to you but no liability is accepted by us for delays. Any timescales given are estimates only.
7.3 The Services shall be deemed complete when you are informed by us that the Services are complete.
7.4 Where new paintwork is required and metal work is found to be rusted, reasonable care will be taken to prevent rust penetrating after painting but no guarantee can be given that this will not happen and we will not be responsible if it does.
7.5 If partial paintwork only is required as part of the Services, we will use reasonable care to match the existing Vehicle colour but no guarantee can be given of an exact colour match.
7.6 All parts replaced during a Service i.e. which are removed from your Vehicle, except those that have to be returned to manufacturers or our suppliers under warranty or service exchange arrangements, will be retained by us for you until the time when the Vehicle is collected by you. If you do not ask to take replaced parts when collecting the Vehicle then they will become our property to dispose of as we deem fit.
7.7 If for any reason, new parts or accessories cannot be obtained within a reasonable time or if the same are not available at all, we shall not use repaired or reconditioned parts or accessories unless you have agreed that we may do so.
7.8 No parts or accessories will be accepted by us for credit unless returned clean and within 5 working days of collection in which case you must quote the invoice number. All new parts returned for credit are subject to a 20% handling charge. Goods specially ordered cannot be returned for credit. Exchange items must be also be returned clean within 5 working days. In case a factory reconditioned unit is fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within any Exchange Scheme operated by the manufacturer. If the unit is accepted for reconditioning and the manufacturer’s credit note is received, the surcharge will be cancelled.
7.9 Where possible, we will assign to you the benefit of any manufacturer’s warranty for any new, genuine parts and accessories fitted to the Vehicle (i.e. those manufactured by the Vehicle manufacturer). For any other parts (including any reconditioned parts) we shall where possible, assign to you, the benefit of the applicable manufacturer’s warranty or remainder if we are able to do so.
7.10 We warrant that our work will be free of defects for a period of 3 months or 3,000 miles whichever occurs sooner, from the date of completion of the relevant Services. If within such warranty period, you discover an alleged defect, you must notify us within 7 days of discovering the alleged defect and return the Vehicle to our service centre to allow us to carry out an inspection. If we discover that the defect has arisen as a result of faulty materials or workmanship then we shall remedy the defect and if necessary and at our option, either repair or replace the faulty part. Any parts replaced shall be our property to dispose of as we see fit. Subject to Clause 7.11, our liability under this warranty only applies where the Vehicle is used in a proper manner and serviced in accordance with manufacturer’s recommendations.
7.11 No warranty is given nor shall we be responsible if any defect is caused or made worse due to: (a) any failure by you to give us a reasonable opportunity to inspect the defect and remedy it: (b) the alteration, repair or maintenance of any part or accessory which we have fitted, other than by us; (c) a failure by you to adhere to our reasonable instructions or those accompanying the part or accessory as to its proper use and maintenance; (d) any use of the Vehicle for purposes referred to in Clause 9.8.
8.Price and payment
8.1 All fees and charges on the booking form or elsewhere include VAT. You shall pay VAT on all goods and Services properly charged at the prevailing rate. All fees and charges for the Services on the booking form or elsewhere, are estimated.
8.2 We may alter prices at any time including if additional repairs or other Services are found to be necessary on assessing the Vehicle. We will notify you in advance of undertaking such additional work if the cost of doing so exceeds the original estimate by more than 10%. If you wish us to proceed you should confirm your instruction to us. Such instruction need not be in writing but we will not resume the Services unless and until you confirm we should proceed.
8.3 If we notify you that additional Services are required due to an unforeseen problem which only becomes apparent on inspection or dismantling the Vehicle but you decide that you do not wish us to proceed, you may take the Vehicle from our service centre on payment of all fees incurred for the Services already performed, together with any other additional charges which may be applicable incurred in accordance with these Terms. However, you shall still be responsible for the full costs of the Services if you instruct us to proceed with all Services as we may determine are necessary, irrespective of the price and if you have told us that we do not need to revert to you in the case of a cost change.
8.4 We may also pass on any cost increases which we don’t control, such as tax increases or the cost of parts, including at any time after your booking has been placed but before the Services have been completed. If such increase exceeds the original estimate by more than 10%, we will tell you in advance and you may cancel the contract in respect of any further Services but you will still remain responsible to pay for any Services undertaken up to the date of cancellation.
8.5 We accept payment by MasterCard, Visa credit card, Maestro, Delta or debit card. We may pass on any charges we incur in processing card payments. We may, but shall not be obliged, to accept cheque payment but cheques must clear before any Vehicle or goods are released.
8.6 Nothing obliges us to release the Vehicle until all Services and any other sums due have been paid for in full and cleared funds.
8.7 We may sell the Vehicle to a third party if you fail to pay for the Services for a period which is more than three months from the date of Services completion or if you fail to collect the Vehicle within three months of being notified that the Services are complete. We will notify you of an intention to sell before the end of the three month period. On such sale, we shall pay to you the balance of the proceeds of the sale after deducting all unpaid fees, costs and charges including any storage charges, together with all disposal costs as may be incurred by us in disposing of the Vehicle.
8.8 We may suspend or refuse Services if we have reason to doubt your ability or willingness to pay or if you have outstanding invoices with us.
8.9 We may also suspend or refuse the Services if you become bankrupt or cease to trade, become insolvent or are unable to pay your debts or if a person is appointed to manage or take control of the whole or part of your business or assets or notice of intention to appoint such person is given or documents relating to such appointment are filed with any court, or if you commence negotiations with or make a voluntary arrangement with creditors or if the ability of your creditors to take any action to enforce debts is suspended or any process is instituted which could lead to you being dissolved and your assets being distributed (other than for solvent amalgamation or reconstruction) or anything similar to the foregoing happens.
8.10 Without affecting any other provision of these Terms or your statutory rights, if for any reason the Service requested by you is not carried out in full by us, we reserve the right to charge a reasonable sum for the work actually carried out.
8.11 If you fail to pay any amount when due we may charge interest on the overdue sum from the due date up to the date of payment, after as well as before any judgment, at a rate of 3% per annum above the base rate for the time being of Barclays Bank PLC accrued daily. This is in addition to any rights we may have in the event of late payment at law or in these Terms.
8.12 We may apply any payment you make to any outstanding sums as we may determine, irrespective which invoice the debt arose under and irrespective of which invoice you may seek to apply the payment to.
9.1 Nothing in these Terms shall limit or affect our liability resulting from any materials, parts, accessories or equipment supplied or any aspect of our Service being found to be unsafe or if something we do negligently causes death or personal injury or for any other liability which cannot be excluded by law.
9.2 Subject to Clause 9.1, if we are in breach of contract, statutory duty, negligent or if other liability arises, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence and subject to the amounts referred to in Clause 9.5. We will therefore not be liable in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us an opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.
9.3 Subject to Clause 9.1, we shall not be responsible for any damage or loss suffered or incurred as a result of repairs, modifications or alterations to the Vehicle by any person other than us or our sub-contractors.
9.4 Subject to Clause 9.1 and without affecting any other exclusions, our liability shall not in any event include business or financial or commercial losses such as direct or indirect lost profits, loss of business opportunity, business interruption, lost data or wasted expense whether as a direct or indirect result of something that we do or fail to do.
9.5 Subject to Clauses 9.1 to 9.4 above, our total liability arising whether in negligence, for breach of contract or otherwise shall not exceed an amount equal to the total costs for the Services paid by you to us plus any direct costs incurred by you as a result of our failure such as the actual cost of repairs to your Vehicle if we do any damage to your Vehicle whilst in our possession.
9.6 Unless we agree otherwise in writing, the only warranty supplied with any parts and accessories themselves will be the manufacturer’s warranty (or balance thereof) and subject to us using reasonable efforts to seek the transfer of any such warranty from the manufacturer to you. All other warranties are excluded to the fullest extent legally permitted.
9.7 You must remove all contents from your Vehicle before leaving it at our service centre. We will not be liable for any costs, claims, damages, liabilities or expenses suffered as a result of items being left in the Vehicle.
9.8 Subject to Clause 9.1 we shall not be liable whether under these Terms or otherwise, to the extent that any loss or damage is due to the Vehicle having been:
(a) used for competitions, racing or record attempts or otherwise than for private or commercial use of the owner or other users with his permission;
(b) abused in any way or damaged by wear and tear, neglect, rust, improper use or failure to maintain in accordance with the manufacturer’s recommendations;
(c) damaged in any subsequent accident.
9.9 We will not be liable for fair wear and tear on the Vehicle.
10. Statutory rights
10.1 Nothing affects your consumer statutory rights including those under the Consumer Rights Act 2015 (e.g. that the parts we supply will be of satisfactory quality and that Services will be performed with reasonable care and skill). For information, consumers can contact Citizens Advice or Trading Standards.
10.2 If you think there is a problem or fault with the Services we have performed then you should let us know as soon as possible and you should return the Vehicle to the service centre (unless we agree to collect the vehicle or unless it is unsafe to drive the Vehicle). If we have failed to properly perform our Service, we will perform that Service again.
11. Your additional responsibilities
You agree to provide us promptly with any information that we reasonably request and you promise that the information you provide, including when speaking to any of our representatives, is correct.
12. Cancellation rights
This Clause 12 only applies if you have a cooling off right. It is not in any way intended to limit your rights for any defective Service or parts or accessories we supply.
12.1 The contract for Services may be cancelled at any time up until we commence the performance of the Services. However, once a Vehicle has been left at one of our Service centres, we may begin the Services at any time and therefore once a Vehicle has been left with us, you agree that we may begin to perform the Services. Once we have commenced Services, the right to cancel shall no longer apply. Note that once a Vehicle has been left at our service centre, we will not notify you in advance of actually commencing the Services. If you contact us to tell us that you no longer wish to proceed after a Vehicle has been left at our service centre, you may cancel if we have not commenced the Services but if we have, you will not be able to do so and you will remain responsible for all costs and fees incurred.
12.2 You are entitled not to proceed with any additional Services if you have provided your Vehicle to us for the purposes of an initial assessment to get an estimate. However, you will still remain responsible for the costs incurred up to that time.
12.3 If you are entitled to cancel a booking and do wish to do so, you should let us know either by telephoning or by writing or emailing to address on the booking form. Please note that you will not receive a refund of any fees where you cancel the agreement where we have already performed the Services.
13.1 You may not transfer any of your rights under your contract with us to any other person. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be affected.
13.2 If either of us breaches the contract with us and we choose to ignore this, we will each still be entitled to rely on our rights and remedies at a later date.
13.4 Our contract with you is subject to English law. We will try to solve any disagreements quickly and efficiently. An alternative dispute resolution process is available to help resolve any disputes between you and us. The procedure is operated by The Motor Ombudsman (www.themotorombudsman.org). If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland. We subscribe to the Motor Industry Code of Practice.
13.5 Except where we specifically agree, nothing in these Terms will give to any other person, any benefit or rights to enforce any of them.
13.6 We reserve the right to appoint any third parties to assist us in performing our obligations or providing Services, as we decide.
13.7 For clarification, nothing in these Terms shall exclude any liability that we may have for fraudulent misrepresentation.
13.8 If any provisions become void or unenforceable, all other parts will continue to be valid irrespective of the unenforceable provision. No change to these Terms will be effective unless agreed in writing by one of our authorised representatives.
13.9 Nothing in these Terms will imply a relationship of employment, partnership or agency between you and us except to the extent agreed by us in the circumstances or except if otherwise stated in these Terms.
13.10 We will not be liable to you if we are unable to perform any of our obligations under these Terms due to any reason beyond our reasonable control including legislation, fire, flood, failure of power supply, strike, employee stoppages or similar.
13.11 All written notices given by us to you shall take effect 24 hours after being despatched by the Company in the normal course of post to the invoice address shown overleaf.
If you have any questions or complaints then these should be addressed to the After Sales Manager at the service centre.