TERMS OF BUSINESS
We (hereinafter called �The Company�) accept
vehicles (as hereinafter defined) for repair,
for examination with a view to estimating for
repairs, for garaging or pending sale of for any
other purpose, only on and subject to the
following terms and conditions:-
1. Estimates are effective for 28 days after
dispatch. If instructions are not received from
a customer (in response to an estimate rendered)
within 28 days from dispatch of the estimate,
the Company may charge its usual garage rates
from the date the vehicle was received until its
collection. (Note: - The Company does not as a
general rule make any such charges for garaging
pending instructions, if the repairs are
ultimately carried out by the Company and duly
paid for).
2. (i) All estimates by the Company are based on
the current cost to the Company of labour,
materials and spare parts at the date of
estimate, and in the event of any variation
occurring before or after acceptance the Company
may if it thinks fit require the Customer to pay
on completion of the work any increase due to
such variation. (ii) If no price is stated
or if part only of the work covered by the
estimate is carried out the Company shall be
entitled to charge a reasonable and proper price
for the work done (including any stripping down
leading to determination as to the
practicability or otherwise of any work and
reassembly) and for materials and spare parts
supplied. (iii) If in the opinion of the
Company it is impracticable for any reason to
carry out any of the work it is instructed to
carry out it shall be entitled to refrain from
carrying out or completing such work
(notwithstanding that an estimate may have been
given thereof) and to carry out only such works
as in the opinion of the Company may be
practicable.
3. Variation of any kind in the estimate, or the
scope of the repair, or the prices chargeable,
or otherwise howsoever, shall be subject to
these conditions, and so that any such variation
shall not be deemed to constitute or create a
new or separate contract, and the original
contract shall remain in force, but as so
varied. No act of commission or omission by the
Company in relation to any vehicle shall
constitute a �deviation from the contract�, nor
shall any such act disentitle the Company to the
benefit of any of these Conditions.
4. Every endeavor will be made to carry out the
work by the time desired, but the Company shall
not be liable for any delay howsoever occasioned
and this notwithstanding that a definite date
for completion may be specified.
5. Any work done or goods supplied in relation
to a vehicle, by the order of any driver in
Customer�s employ, or by any person who is
reasonably believed to be acting as the
Customer�s agent, or by the order of any person
to whom the Company is entitled to make delivery
of the vehicle, shall be paid for by the
Customer.
6. Payment for all repairs and/or spare parts
supplied is due on completion of work, but the
Company may demand a deposit before commencing
or in the course of any work. A repair is
completed for the purpose of these conditions
when notice has been given that the vehicle is
ready for collection.
7. The Company shall have a general lien on a
vehicle and all its contents for all monies
owing to the Company by the Customer on any
account whatsoever. The Company shall be
entitled to charge garage rent during any period
in which the vehicle is retained by virtue of
the lien.
8. If the Customer�s indebtedness to the Company
is not satisfied within three months from the
first account rendered to the Customer, the
Company may without notice, sell the vehicle
and/or the contents thereof by public auction or
private treaty. The net proceeds of the sale
shall be applied towards satisfying monies due
from the Customer to the Company, and any
balance shall be paid by the Company to the
Customer on demand.
9. Where in any case a driver who, so far as the
Company is aware, has the authority to collect
the vehicle, collects the same, the Company
shall not be responsible to the Customer for any
loss or damage resulting, on the grounds that
such driver had in fact no such authority, and
this notwithstanding that delivery may have been
made without payment of the Company�s account.
It shall not be obligatory upon the Company to
seek confirmation of the authority of any person
reasonably believed to be then, or to have been
at some time connected with the Customer.
10. If the vehicle is not collected, and the
Company�s charges are not paid within 24 hours
after delivery of the vehicle, the disposal
under Section 8 hereof or as the case may be.
11. In connection with any inspection, repair,
or contemplated repair, or other purposes for
which a vehicle is accepted by the Company,
testing, taking the vehicle to the coachbuilders
or other specialist, demonstrations; etc, the
Customer is deemed, unless express notice in
writing is given to the contrary, to have
authorised the driving of the vehicle on the
road or elsewhere.
12. Except in the case of consumer transactions
the Company is not responsible for loss or
damage to vehicles or other property whatsoever
however occasioned, except when such loss or
damage is caused by the negligence or deliberate
act of the Company or its servants. Under no
circumstances will the Company accept liability
for loss or damage outside its control or for
indirect or consequential loss or damage, expect
direct physical damage to persons or property.
13. The Customer shall be entitled to benefit
from any warranty to which the Company is
entitled as against the manufacture of parts and
materials supplied or any sub-contractor. All
work carried out by the Company is warranted
against failure due to defective work for a
period of three months/3000 miles whichever
occurs first. This warranty extends only to
repair actually undertaken and does not cover
progressive fault diagnoses. It does not affect
any statutory rights.
14. All parts removed by the Company in the
course of repair shall, if not claimed by the
customer within 14 days after the completion of
the repair, will be deemed to be wholly
abandoned to the Company and they shall become
the Company�s absolute property accordingly.
15. Any notice to the Customer posted to his
last known address shall be good notice.
16. Save where the context forbids, the
expression �vehicle� wherever used in these
conditions includes car, lorry, van, trailer,
caravan, invalid carriage and cycle, and, as a
separate unit or otherwise, engine, axle,
gearbox, starter, battery, and each and every
component of a vehicle.
17. No alteration or qualification of these
printed terms and conditions shall be effective
unless in writing, signed on behalf of the
Company by a Director or a duly authorised
officer of the Company. No other person has any
authority to alter or qualify in any way the
above printed conditions or to enter any
contract for repair for any other purpose set
out in the preamble above on behalf of the
Company otherwise than on such conditions.
18. Unless otherwise stated, all service work
undertaken is carried out in accordance with the
manufacturers schedule.
19. Where the Company has been involved in
additional costs as a result of the Customer�s
failure to pay or the presentation of a
dishonored cheque, such cost or charges shall be
recoverable in addition to the price and
interest aforementioned shall be charged upon
the same.
20. Special order parts items are requested to
be paid for in advance. Note � special order
items are not refundable by our suppliers.
NOTICE
Customers are strongly advised to remove items
of value not connected with the vehicle when
leaving it on the Company�s premises since the
Company cannot accept liability for any loss or
damage to the same except in consumer
transactions when this is shown to have been
caused by a lack of reasonable care on the part
of the Company.
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