Terms and Conditions
1. All repairs and servicing shall be carried out by the Company for the Customer in accordance with these conditions, unless such be varied in writing by agreement between the parties.
2. WARRANTY OF TITLE OR AUTHORITY
The Customer warrants that they are the owner of the vehicle or the authorised agent of the owner of the vehicle.
3. METHOD AND AMBIT OF WORK
Subject to the Customer’s express instructions in writing the Company reserves to itself absolute discretion as to the time, place, method and procedure for carrying out the work to the vehicle. Unless the Customer expressly limits the work which the Company may carry out to the vehicle, the Company shall not be restricted to carrying out the work for which they have estimated or for which the Customer has given instructions.
3.2. The Company shall be at liberty (but not obliged) to do such additional work and supply additional materials as shall be reasonably necessary for rendering the vehicle in serviceable condition. The Customer shall pay the Company’s proper charges for such additional work and materials.
3.3. The Company reserves the right to refuse to carry out any work on the vehicle which in their opinion they consider to be unroadworthy or work which would make the vehicle unsafe. The Company may refuse to carry out work which might have a detrimental effect on other parts of the vehicle.
3.4. The Company may in its absolute discretion carry out the work by employing sub-contractors to perform part or all of such work. Any sub-contractor appointed pursuant to this Clause shall have the benefit of and protection of these terms and conditions.
4.1 Where the Company gives the Customer an estimate, the Company shall be entitled to:
4.1.1 Amend or alter the estimate if not accepted within 28 days, and
4.1.2 In the event of the price of materials or labour increasing between the date of the estimate and the date when the work is carried out to change the Customer for such increase in price.
4.2 Where the work is carried out without any prior estimate or agreement as to price the Customer shall pay the Company’s proper charges for the work done and the materials supplied.
Where new paintwork is required and the metal work is found to be rusted, every possible reasonable precaution will be taken to prevent such rust penetrating after completion of painting, no guarantee can be given in this respect. If partial paintwork is required, every endeavour will be made to match the existing colour scheme, but no guarantee can be given of perfect colour match at the time of the repair or thereafter.
6. REPLACEMENT PARTS
6.1 The Company reserves the right (unless instructed in writing by the Customer to the contrary) to repair or to fit required units where new parts quoted for are unavailable or not obtainable within a reasonable time.
6.2 All parts replaced, other than those exchanged for replacement parts, or those subject to a warranty claim become the property of the Company unless the Customer requests their return prior to commencement of repairs.
7. AUTHORITY TO DRIVE VEHICLE
The Customer authorises the Company its servants and agents to drive the vehicle for the purposes of any work which the Company is entitled to carry out in respect of the vehicle.
The Company will do its utmost to complete the repair by the date and time requested, but cannot accept responsibility for any loss, damage or expense caused by delay resulting from the non or late availability of spares for any other reasons beyond its control.
9. WARRANTIES AND LIABILITY
9.1 Subject to the terms set out below and unless otherwise specified in writing the Company warrants that it will at its own cost remedy any defective workmanship which has been executed in the course of repairs or servicing of the vehicle, provided that notice of such defective workmanship is given to the Company by the Customer,
9.1.1 within 28 days of completion of the work, or
9.1.2 before the vehicle has completed 500 miles since completion of work, or
9.1.3 within 14 days of the Customer being aware of such defective workmanship whichever period shall be the shorter but the Company shall have no further liability to the Customer.
9.2 The Company shall be under no liability.
9.2.1 In respect of any defect arising from fair wear and tear, wilful damage, negligence of the Customer, his servants or agents, failure to maintain the vehicle and/or to follow the Company’s instructions (wherever oral or in writing), or misuse of the vehicle.
9.2.2 for expenditure incurred by the Customer in repairing or replacing any parts without the Company’s consent.
9.2.3 for the loss of items of personal property or business goods left in the vehicle.
9.3 Except in the case of death or personal injury caused by the Company’s negligence, the limits of the Company’s liability under the contract shall be the repair or replacement of the defective parts or workmanship in accordance with Clause 9.1 and the Company shall not be liable for any consequential loss whatsoever.
10.1 All work must be paid for in full before collection of the vehicle. Unless a cheque is supported by a bank card, the company may not release the vehicle until the cheque has cleared.
10.2 The Company has the right to hold a vehicle after the completion of the work until such time as the account is paid in full. If in its sole discretion the Company releases the vehicle to the Customer, the Company’s lien shall not thereby abate and the Company shall be entitled at any time before payment in full to resume possession of the vehicle for the purposes of exercising its lien and for the purpose of such repossession the Company shall have the right to effect entry to any premises of the Customer.
10.3 The Company shall be entitled to interest on any unpaid sum from the date of invoice until payment at the rate of 2% above the prevailing Bank Base Rate.
11. FAILURE TO COLLECT VEHICLE
11.1 If after the expiration of 48 hours from the time when the Customer receives notice from the Company that the vehicle is ready and available for collection, the vehicle shall remain in the Company’s possession (whether because the Customer has failed to collect it or has failed or refused to pay the Company’s charges for work done) the Company shall be entitled to charge for the parking of the vehicle at the rate of £5 per day. The Company shall not be liable for damage to the vehicle while parked pursuant to this clause, howsoever caused.
11.2 The Company may exercise its rights as regards uncollected goods under the Torts (interference with goods) Act 1977 and if the vehicle is not collected before any notice to that effect expires. The Company may proceed to sell the vehicle subject to any notice under the Act. In this event, the vehicle will be sold at best market price and after deduction of the cost of the repairs, plus any other charges and expenses in connection with the storage and sale of the vehicle, the balance will be returned to the Customer.
12. ARBITATION AND LAW
12.1 Any dispute under this contract shall be referred to the arbitration of a suitable Arbitrator who shall be agreed upon by the parties or failing such agreement appointed by the Chartered Institute of Arbitrators and the parties shall by making this contract have elected to be bound thereby.
12.2 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of any of the provisions or part in question shall not be affected thereby.
12.3 English Law shall apply in respect of these terms and conditions and any claims or disputes in connection therewith.
No relaxation or indulgences which the Company may at any time extend to the Customer shall prejudice or act as a waiver of the Company’s strict rights under these conditions.
Any notice required or permitted to be given under these conditions shall be in writing addressed to the other party at the last known address or principal place of business.
We refer you to our complaints policy but if, having exhausted the process you are still not satisfied then we refer you to Motor Codes LTD, a CTSI certified Alternative Dispute Resolution (ADR) provider that we are prepared to engage with through the ADR procedure. Further details can be found at www.motorcodes.co.uk or alternatively you can contact their Advice Line on 0800 692 0825.
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