Terms of Business
- (a) The COMPANY accepts no liability whatsoever for any loss or damage (direct or indirect) occasioned by any delay howsoever caused in the completion of repairs except where and to the extent that the CUSTOMER can affirmatively establish that any loss or damage occasioned by such delay is reasonably foreseeable and directly attribute to negligence or wilful act or omission of the COMPANY its servants or agents.
(b) Time shall not be of the essence of the contract save insofar as it is made so by express agreement in writing.
- (a) The COMPANY'S reasonable charges in respect of repairs shall become due and payable upon notification that such repairs have been completed. The COMPANY shall have a lien over the CUSTOMER'S vehicle until the COMPANY'S charges shall have been paid in full nowithstanding that the COMPANY may for any reason have parted with the possession of such vehicle in the event of all the repairs agreed to be done not having been completed for any reason the COMPANY shall be entitled to notify the CUSTOMER thereof and to charge the CUSTOMER for all work done and materials supplied in relation to any completed item or items of repair and where any failure to complete any items of repair is attributable to matters beyond the control of the COMPANY in relation to all work done and materials supplied.
(b) Further where any failure to complete any item or items of work is attributable to matters beyond the control of the COMPANY the COMPANY shall incur no liability in respect only of such non-completion.
- The COMPANY warrants that it will carry out all repairs in a workmanlike manner and use such materials as it may reasonably consider to be necessary but the COMPANY accepts liability for loss or damage occasioned by any breach of this warranty only insofar as the circumstances giving rise to any loss or damage are reasonably foreseeable or notified to the COMPANY by the CUSTOMER at the time of entering into the contract.
- The COMPANY shall be entitled to effect any further repairs which in the COMPANY'S judgement are found to be necessarily incidental to and/or entailed in the work of repair agreed to be done and to make reasonable charge in respect thereof without prior notice to the CUSTOMER and for the purposes of these terms save where a contrary intention appears such further work shall be deemed to be included in any work of repair originally agreed to be carried out. Where further repairs not necessarily incidental to and/or entailed in the work of repair agreed to be done are in the opinion of the COMPANY required to be done the COMPANY may cease the work of repair agreed to be done, may take reasonable steps to notify the CUSTOMER of the need for such further repairs and of the nature and extent of such further repairs as the COMPANY would be prepared to undertake and await further instructions from the CUSTOMER. Where such notification is given to the CUSTOMER then the COMPANY shall be entitled to charge the CUSTOMER for storage of the vehicle for any period beyond five days during which the COMPANY shall be without the CUSTOMERS further instructions. Where the CUSTOMER further instructs the COMPANY to carry out the further repairs that the COMPANY had informed the CUSTOMER it would be prepared to undertake, the COMPANY shall be entitled to complete the said further repairs. Where the CUSTOMER does not instruct the COMPANY either as aforesaid or at all the COMPANY shall be entitled to complete the work of repair agreed to be done where such work can conveniently and reasonably be completed and to charge for the same or if such work cannot conveniently and reasonably be completed to proceed no further therewith and to charge for the work done and materials used on a quantum merit basis.
- Any part or parts removed from a CUSTOMER'S vehicle and replaced during the course of repair shall become the property of the COMPANY and the COMPANY shall be entitled to dispose of or otherwise deal with such parts at its absolute discretion unless instructions to the contrary are given by the CUSTOMER at the time of authorising the COMPANY to carry out such repairs.
- The COMPANY reserves the right to have any repairs carried out by the COMPANY'S independent or sub-contractor's.
- Any estimate of charges for the repair of any vehicle (whether given in writing or verbally) is intended as a guide only and the COMPANY shall not be bound thereby. The COMPANY will endeavour to notify the CUSTOMER of any substantial increase in the estimated cost of repair but shall not be obliged to do so.
- The COMPANY accepts orders for any part or parts not in stock at the time of ordering on the following conditions:
(a) The price payable by the CUSTOMER therefore shall be the COMPANY'S retail price for the part applicable at the time of the delivery of the vehicle to the CUSTOMER and not at the time of ordering the part.
(b) That if the COMPANY shall experience any difficulty in obtaining any such part or parts from the manufacturer or the usual supplier thereof the COMPANY may in its absolute discretion terminate such order and notify the CUSTOMER that the COMPANY is unable to supply such part or parts and the COMPANY shall be under no further obligation in respect thereof and shall not be liable for any loss or damage occasioned by such termination.
(c) That having placed such order the CUSTOMER shall be obliged to take delivery of such part or parts and to pay therefore.
(d) The COMPANY shall not be liable for any loss or damage resulting from any delay in the delivery of any part except where and to the extent that the CUSTOMER can affirmatively establish that the delay was attributable to the negligence wilful act or omission of the COMPANY its servants or agents.
- The COMPANY reserves the right to make such additional charge as may be necessary in accordance with the manufacturer's then current price list in respect of any part or parts left by the CUSTOMER with the COMPANY under any service exchange scheme if for any reason whatsoever and/or to whatever extent such part or parts prove to be defective or incomplete or for any reason whatsoever unacceptable under such service exchange scheme.
- The COMPANY accepts no responsibility for damage whatsoever caused to the CUSTOMER'S vehicle whilst on the COMPANY'S premises or in the custody of the COMPANY or its employees except and to the extent that the CUSTOMER can affirmatively establish that such damage was attributable to the negligence or wilful act or omission of the COMPANY its servants or agents.
- The COMPANY reserves the right to make any additional charge necessitated by the introduction of value added tax or any similar levy or imposition whether such additional charge shall arise before or after placing of the order (whether original or subsequent) for repairs or parts by the CUSTOMER.
- Payment shall become due and all parts shall be paid for at the time of delivery to the CUSTOMER.
- The COMPANY shall be entitled to make a charge for storage of vehicles if the same are not collected within seven days after notification to the CUSTOMER by the COMPANY that the repairs the COMPANY is obliged under the contract to carry out have been completed.
- The COMPANY and the CUSTOMER agree that in the case of any dispute or difference of whatever nature shall arise hereunder between them that such dispute or difference between them shall be referred to arbitration pursuant to the arbitration procedure of the Motor Agents Association as set out in the Motor Agents Association Arbitration Procedure Rules or any revision in force as at the date of this agreement.
- Any vehicle or part thereof left with the COMPANY for repair which shall not have been collected by the CUSTOMER within three months of the CUSTOMER having been notified by the letter sent to his last known address that the repairs which the COMPANY is obliged hereunder to carry out have been completed may be disposed of by the COMPANY in whatever way the COMPANY in its absolute discretion sees fit and that the COMPANY shall be entitled to withhold from the proceeds of any sale of such vehicle or part the cost of such repair and any storage charge and the cost of disposal. This right shall be in addition to and not in substitution for the rights conferred upon the COMPANY by the disposal of Uncollected Goods Act 1952 or any statutory re-enactment thereof. January 1996