Terms & Conditions
SALES TERMS
1. CONTRACT
(a) The order for sale of a motor vehicle by us (“Lawson Cars”) at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Lawson Cars.
(b) The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of Lawson Cars) shall constitute the entire contract between the parties.
2. DELIVERY
(a) Lawson Cars will use its best endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Lawson Cars.
(b) The Goods as described on the face of the order form (“the Goods”) may be delivered by Lawson Cars or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.
(c) If the Goods are not delivered within three calendar months of the estimated delivery date (if any) the Customer or Lawson Cars may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Lawson Cars shall be under no further liability to the Customer. In the event that no estimated delivery date is given, Lawson Cars will deliver the Goods within 1 month of the Goods being made available to it.
(d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Lawson Cars has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Lawson Cars to the Customer only where agreed by Lawson Cars and at the Customer’s cost.
(e) Lawson Cars may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If Lawson Cars is unable to supply any option or accessory, whether factory fitted or otherwise, Lawson Cars may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Lawson Cars to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.
3. PRICE AND PAYMENT
(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated overleaf has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of Lawson Cars. Time of payment shall be of the essence.
(b) If the Total Retail Price or any part of the price for the Goods is to be paid by cheque whether bank or building society then prior notice of such payment shall be made to Lawson Cars and the cheque must be paid to Lawson Cars at least five banking days in advance of the estimated delivery date. A cheque given in payment or part payment shall not be treated as a discharge until the same has been cleared.
(c) If the Total Retail Price or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment that is permissible being £5,000 in value) or bankers draft then such payment or part payment may be made on the day of collection (subject to Lawson Cars being given an opportunity to confirm the validity of such draft) provided that the Goods shall be collected within 14 days of delivery.
4. FAILURE TO COLLECT GOODS
If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then Lawson Cars may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which Lawson Cars may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and Lawson Cars shall be under no further liability to the Customer. Lawson Cars may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).
5. PART EXCHANGE
In the event that Lawson Cars agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any declarations made on the face of the order or purchase invoice and the following conditions:
(a) the Customer warrants that:
(i) the Customer has good title to the used motor vehicle;
(ii) it is unencumbered by any third party interest whatsoever; or
(iii) the Customer has declared all encumbrances or interests to which the used motor vehicle is subject;
(iv) the particulars of the used motor vehicle given by the Customer are correct and that so far as the Customer is aware the mileometer reading is accurate;
(v) other than as declared by the Customer and so far as the Customer is aware the used motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims;
(vi) other than as declared by the Customer the used motor vehicle was first supplied by the manufacturer’s official distributor for the UK;
(vii) other than as declared by the Customer the date of first registration on the registration documents is the date on which the used motor vehicle was new and first used;
(viii) other than as declared by the Customer the used motor vehicle has not had any performance upgrades, non manufacturer approved accessories or alterations contrary to the manufacturer's specifications;
(ix) the used motor vehicle is type approved.
(b) if any encumbrances or interests are capable of cash settlement Lawson Cars may elect to discharge such interests and deduct expenditure from the exchange value offered;
(c) the used motor vehicle will be delivered in the same condition as at the date it was examined by Lawson Cars (fair wear and tear excepted);
(d) the used motor vehicle shall be delivered to Lawson Cars upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to Lawson Cars;
(e) title to the used motor vehicle shall pass absolutely on delivery to Lawson Cars;
(f) the exchange value quoted by Lawson Cars shall be binding on Lawson Cars for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on Lawson Cars when the Goods are ready for delivery, Lawson Cars will give a current figure for the value of such part-exchange, at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle, provided always that the Customer shall still be obliged to purchase the Goods;
(g) in the event that any of the warranties in clause 5(a) prove to be untrue or there is a breach of clause 5(c), Lawson Cars shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.
6. CHERISHED NUMBER PLATE
Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the Customer will provide all reasonable assistance to Lawson Cars to facilitate transfer of the registration.
7. NEW GOODS/USED GOODS
(a) Where the Goods to be supplied by Lawson Cars are new, then the following additional conditions shall apply:
(i) the Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that Lawson Cars has legally become bound to pay, notwithstanding any amount specified on the order form;
(ii) if before delivery of the Goods the manufacturer/concessionaires recommended retail price for the Goods shall be increased Lawson Cars may give notice (“Notice”) of its intention to pass on to the Customer such increase, upon receipt of such Notice the Customer shall be entitled by notice in writing to Lawson Cars to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Customer shall be returned and Lawson Cars shall be under no further liability to the Customer. If no notice is received by Lawson Cars from the Customer within such period then the Customer shall be bound to purchase the Goods at the increased price;
(iii) in the event that the manufacturer is unable to accept the order for the Goods then Lawson Cars may, by notice in writing to the Customer cancel the contract. Upon such cancellation any deposit paid by the Customer shall be returned and Lawson Cars shall be under no further liability to the Customer.
(b) In the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.
8. WARRANTY
(a) Lawson Cars shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. Any warranty provided on any vehicle does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:
(i) after discovering the defect the Customer has failed either to inform Lawson Cars or to have the defect examined by a Dealer without reasonable delay;
(ii) has failed to give Lawson Cars the option to repair the Goods without reasonable delay;
(iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
(iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through Lawson Cars or an approved Dealer and/or to the manufacturer’s recommendations;
(v) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer;
(vi) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.
(b) In the case of the Goods being a second-hand vehicle, Lawson Cars shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the front of the order. The Customer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold:
(i) subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and
(ii) subject to paintwork and/or bodywork repairs that may have been carried out to it.
9. EXAMINATION OF GOODS AND RELIANCE
(a) Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects and have been notified by Lawson Cars to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
(b) The Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon Lawson Cars skill or knowledge regarding the Goods' fitness for any particular purpose or use.
10. CLAIMS
Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to Lawson Cars, Lawson Cars shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Customer the price of the Goods (or a proportion part of the price), but Lawson Cars shall have no further liability to the Customer. Lawson Cars will not be liable where any defect results from or is worsened by one of the following circumstances:-
(a) after discovering the defect the Customer has failed either to inform Lawson Cars or to have the defect examined by a Dealer without reasonable delay;
(b) has failed to give a Dealer the option to repair the Goods without reasonable delay;
(c) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
(d) the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through Lawson Cars or an approved dealer and/or to the manufacturer’s recommendations;
(e) parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the vehicle has been altered or modified in a manner not approved by the manufacturer;
(f) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to;
(g) wear and tear.
11. CONSUMER TRANSACTIONS
Where the Goods are sold under a consumer transaction as defined by the Consumer Transactions (restriction on statements) Order 1976 the statutory rights of the Customer are not affected by any of these terms and conditions.
12. SALE TO INTERMEDIARIES OR THIRD PARTIES
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by Lawson Cars to the contrary. Lawson Cars may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.
13. FINANCE
Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Lawson Cars at the price payable hereunder. Lawson Cars shall not release the Goods until the Total Retail Price has been discharged in full, including receipt of cleared funds from the said finance company.
14. NOTICES
Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
15. WAIVER
Any waiver by Lawson Cars or Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
16. INVALIDITY OF THESE TERMS
If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.
17. APPLICABLE LAW
This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.
18. THIRD PARTY RIGHTS
No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.
19. RETENTION OF TITLE
(a) Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.
(b) Until such time as the property in the Goods passes, the Customer shall keep the Goods properly stored, protected and insured and identified as Lawson Cars property.
(c) Until such time as the property in the Goods passes to the Customer, Lawson Cars shall be entitled at any time to require the Customer to deliver up the Goods to Lawson Cars and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
(d) The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of Lawson Cars, but if the Customer does so all monies owing by the Customer to Lawson Cars shall (without prejudice to any other right or remedy of Lawson Cars) forthwith, become due and payable.
20. NEW GOODS
Where the Goods to be supplied by Lawson Cars are new, then this contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the manufacturer/concessionaire may lawfully have imposed on the supply of the Goods or the resale of the Goods by Lawson Cars. Lawson Cars shall not be liable for any failure or delay in delivering the Goods caused by or resulting from Lawson Cars compliance with the manufacturers/concessionaires terms and conditions.
21. CANCELLATION
Except as provided by law, or under clauses 2(c), 7(a)(iii) or 23 of these terms and conditions, no order which has been accepted by Lawson Cars may be cancelled by the Customer except with the agreement in writing of Lawson Cars and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Lawson Cars in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Lawson Cars as a result of cancellation.
22. DISTANCE SELLING
(a) In accordance with the Consumer Protection Distance Selling Regulations 2000, if the Customer as a private consumer has entered into this contract prior to a face-to-face meeting with Lawson Cars, the Customer may cancel the contract on written notice within 8 working days of collection.
(b) On cancellation the Goods shall be immediately returned to Lawson Cars at the Customer’s cost.
(c) If the Customer fails to deliver the Goods to Lawson Cars, Lawson Cars may make a charge for its direct costs of recovering the Goods from the Customer, Lawson Cars may deduct this charge from any sum that Lawson Cars must pay or repay to the Customer
(d) On cancellation any related credit agreement will be cancelled.
(e) On cancellation the Customer must, until the Goods are restored to Lawson Cars, take reasonable care of the Goods and keep the Goods in the Customer's possession.
(f) If the cancelled contract involved a part-exchange Lawson Cars will return the part-exchange or pay the agreed part-exchange value to the Customer at Lawson Cars discretion.
(g) If the Customer has altered, modified, personalised, or done anything to the Goods inconsistent with Lawson Cars ownership of the Goods, then if the Customer cancels the contract for the Goods he shall indemnify Lawson Cars for any loss Lawson Cars suffers as a result of such alteration, modification or thing done to the Goods which is inconsistent with Lawson Cars ownership;
(h) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
23. DEFECTIVE GOODS
(a)Without prejudice to clause 8 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Lawson Cars within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Lawson Cars as above the Customer shall be deemed to have accepted the Goods. (b) The the Goods shall be immediately returned to Lawson Cars at the Customer’s cost in the event of any request to reject the good on the basis of being defective. (c) If the Customer fails to deliver the Goods to Lawson Cars, Lawson Cars may make a charge for its direct costs of recovering the Goods from the Customer, Lawson Cars may deduct this charge from any sum that Lawson Cars must pay or repay to the Customer. For avoidance of doubt, Lawson Cars shall not be liable for any costs associated with the return of the goods, return of the goods and associated costs remain the responsibility and/or liability of the customer irrespective of any other claim.
24. LIABILITY
Except in respect of death or personal injury caused by Lawson Cars negligence, or any loss caused by the fraud of Lawson Cars, Lawson Cars shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any:
(a) loss or damage incurred by the Customer as a result of third party claims
(b) loss of actual or anticipated profits;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) injury to reputation;
(g) any indirect, special or consequential loss or damage howsoever caused even if Lawson Cars was advised of the possibility of them in advance; or
(h) any direct or indirect loss or disappointment caused by the cancellation of the contract which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude Lawson Cars liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
25. FORCE MAJEURE
Lawson Cars shall not be liable to the Customer or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of Lawson Cars obligations in respect of the Goods, if the delay or failure was due to any cause beyond Lawson Cars reasonable control including (without limitation) any failure to deliver the Goods occasioned by strikes, inclement weather, civil unrest, an inability to obtain the Goods from the importer or from the manufacturer. However nothing in this clause shall prevent the Customer from being liable for a failure to raise the Total Retail Price.
26. TERMINATION/SUSPENSION
(a) This clause applies if:
(i) the Customer (being a company) makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation or (being a partnership) becomes wound-up or a receiver is appointed or enters into an individual voluntary arrangement; or
(ii) the Customer (being an individual) enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy;
(iii) an encumbrancer takes possession of any of the property or assets of the Customer;
(iv) Lawson Cars reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly;
(v) Lawson Cars has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement.
(vi) Lawson Cars becomes aware that the Customer is in breach of clause 12;
(vii) the Customer is in material breach of any obligations under the contract.
(b) If this clause applies, without prejudice to any other right or remedy available to Lawson Cars, Lawson Cars shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
27. AUTHORITY
The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form overleaf in a representative capacity so that their liability shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.
28. DATA
Lawson Cars shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.
29. COMPLAINTS
Lawson Cars has a dedicated complaints policy - details of which can be viewed at https://www.lawson-cars.co.uk/complaints-procedure
29. THIRD PARTY FINANCE
Where a customer arranges their finance direct through a third party/finance house or broker, Lawson Cars Ltd shall charge a £250 inc VAT administration fee, this fee is for services including but not restricted to: liasing with the third party, corresponding where required, returning of paperwork and checks.
30. USAGE OF PRODUCTS AND RETURN CONDITON
Where a customer wishes to return, reject or obtain a refund for a vehicle it must be returned in the same conditon as it was provided to the customer. The condition includes but is not limited to: wheels and tyres, bodywork, windscreen, keys, fully valeted. Lawson Cars Ltd will charge the customer for usage of the vehicle on a cost per mile basis charges at £1.00 plus vat per mile to account for wear and tear to consumable items, for examples: brakes, and tyres throughout the period of usage, the mileage charge does not account for any damage or detioration in the vehicles condition. The mileage on the vehicle sales invoice or the vehicles invoice or the mileage on the MOT provided at point of sale, whichever is higher, shall be utilised to determine the start mileage. The mileage shall be recorded upon its return and any cost calculated for usage and/or deterioration of the vehicles condition whereby it is not returned in the same condition may be deducted from any refund.
Service Terms
CAR REPAIR TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions shall apply to the repair [and maintenance] of motor vehicles by Lawson Cars Ltd a company registered in England under number 4092253 whose registered office is at South Bank Road, Middlesbrough, Cleveland, TS3 8AB (“the Garage”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Courtesy Car Agreement” means a separate agreement between the Customer and the Garage governing the terms of any courtesy car which the Customer may have in accordance with Clause 10 of these Terms and Conditions;
“Customer” means the individual consumer that requires the services of the Garage;
“Estimate” means a document setting out the approximate Price of the Work;
“Invoice” means a final invoice setting out the total Price for the Work;
“Manufacturer” means the manufacturer of the Vehicle;
“Price” means the fee payable for the Work including parts, labour, VAT and any additional charges;
“Quotation” means a document setting out the agreed fixed Price of the Work which shall not be varied without the Customer’s express agreement;
“Vehicle” means the Customer’s vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer;
“Warranty Period” means the duration of the warranties provided by the Garage in accordance with Clause 9 of these Terms and Conditions; and
“Work” means the repair [and maintenance] services provided by the Garage to the Customer.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Booking
2.1 The Garage accepts bookings for Work from Customers through telephone, in person, email and the internet.
2.2 When making a booking the Customer shall be required to provide the following information:
2.2.1 Customer Name and Address
2.2.2 Preferred Date
2.2.3 Nature of repairs required
2.2.4 Vehicle make model and registration number
2.2.5 Any warranties applicable to vehicle.
2.3 The Garage shall provide a booking form to the Customer which shall provide prompts for all required information.
2.4 Based upon the details provided by the Customer the Garage will prepare and submit an Estimate to the Customer either by email or first class post which shall set out the estimated Price.
2.5 Following agreement on the Estimate the Garage will prepare and submit a Quotation to the Customer either by email or first class post which shall set out the final Price.
2.6 Following the Customer’s acceptance of the Quotation the Garage shall confirm the booking and shall use its best and reasonable endeavours to ensure that the date is as close to that originally requested by the Customer as possible.
2.7 Acceptance of both Estimates and Quotations may be made by email, telephone or first class post.
3. Payment and Invoices
3.1 If a deposit or similar prepayment is required, this shall be clearly stated in the Quotation and must be paid within 14 days.
3.2 From the point at which Work on the Vehicle commences up until the point at which all sums due are paid in full the Garage shall have a general lien on the Vehicle and its contents for all sums due.
3.3 Following completion of the Work, the Garage shall issue an invoice to the Customer.
3.4 The invoice shall provide a comprehensive summary of all work done and shall provide full details of all parts and labour including the Price payable therefor and the VAT payable thereon.
3.5 In addition to the details set out in sub-Clause 3.4 the invoice shall also show the mileage of the Vehicle and shall refer to the warranty set out in Clause 9.
3.6 All sums shall be due on the date of the relevant invoice.
3.7 Payment may be made by Cash, credit or debit cards, CHAPS or BACS transfer.
3.8 The Garage shall be entitled to sell the Vehicle at the expense of the Customer in the event that sums remain unpaid following written notice to the Customer of 30 days, such notice to commence no earlier than 60 days following the date of the relevant invoice.
3.9 From the due date of payment until the taking of actions set out in sub-Clause 3.8 any outstanding sums shall incur interest on a daily basis at 8% above the base rate of Royal Bank of Scotland from time to time until payment in full is made.
3.10 We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur costs any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court
4. Insurance Claims and Accident Damage
4.1 If the Work to be carried out on the Vehicle is the subject of an insurance claim the Customer (or the policyholder if they are not the same person) may be required to sign documents required by the insurer to authorise payment to the Garage for the Work.
4.2 The Garage shall not be responsible for any delays in completing the Work and / or returning the Vehicle to the Customer where such delays arise out of the actions of the insurer including, but not limited to, the withholding of payment.
5. The Work
5.1 The Garage shall use its best and reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock at the time of the booking. If, due to non-availability of parts or a delay in delivery, it will not be possible for the Work to be completed as arranged the Garage will inform the Customer and make arrangements for a re-booking.
5.2 If Work cannot be undertaken on time as set out in sub-Clause 5.1 the Customer may exercise their right to cancel as set out in Clause [11].
5.3 All parts to be used (with the exception of additional parts referred to in sub-Clause 5.6) shall be agreed upon by the Customer and the Garage prior to commencement of the Work.
5.4 All parts to be used shall be new and shall be either Manufacturer’s original parts or those produced by a third party and authorised by the Manufacturer. If the Garage chooses to deviate from this provision in any way the Customer must be informed of the reasons for such deviation and must give their express consent before the use of such parts occurs.
5.5 The time required for the Work will be agreed upon by the Customer and the Garage prior to commencement of the Work, subject to the additional time which may be required under sub-Clause 5.6. The Garage shall use its best and reasonable endeavours to ensure that the Work is completed within the agreed time period. Notwithstanding the provisions of this Clause however time shall not be of the essence of these Terms and Conditions. The Customer shall be informed promptly of any overruns and the reasons therefor.
5.6 During the course of the Work it may become evident that additional parts and / or labour is required. In this event no additional Work will be carried out nor parts ordered without the prior consent of the Customer. The Garage will inform the Customer immediately and provide an estimate for the additional parts and labour.
5.7 If any parts are replaced, the original parts will be made available to the Customer for viewing and examination up to and including the time that the Customer collects the Vehicle. The Customer shall only remove those parts from the garage if they will be able to dispose of them in an environmentally responsible manner. If the Customer does not wish to inspect and / or remove the parts the Garage shall dispose of them following collection of the Vehicle.
5.8 The Garage shall use its best and reasonable endeavours to ensure that good care is taken of the Vehicle and any of the Customer’s possessions which may be inside it. Notwithstanding this provision the Customer is advised to remove all possessions from the Vehicle prior to the start of the Work.
6. Vehicle Warranties
6.1 If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust / corrosion warranty at the time of the Work the Garage shall ensure that all work is carried out in accordance with the terms of those warranties and with the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts.
6.2 If additional cost will be incurred by such conformity the Customer will be informed of alternatives and will have the consequences of such alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties) explained to them in full. The Customer’s decision shall be final.
6.3 The Garage shall obtain the consent of any warranty provider (whether that is the Manufacturer or a third party organisation) prior to the commencement of any work covered by that warranty.
6.4 The Garage shall not be responsible for any failure to comply with any warranties where the Customer has not made the Garage aware of the same.
7. Sub-Contracting
The Garage shall be free to sub-contract any of its obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer without the Customer’s prior authorisation.
8. Insurance, Damage and Liability
8.1 The Garage shall have in place at all times suitable and valid insurance which shall include public liability insurance.
8.2 The Garage’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions shall be limited to £5,000.
8.3 The Garage is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Garage or by the Manufacturer.
8.4 Nothing in these Terms and Conditions shall limit the Garage’s liability for death or personal injury.
8.5 The Garage shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Garage’s carrying out of the Work or any breach of these Terms and Conditions.
8.6 The Customer shall indemnify the Garage against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.
9. Warranty and Guarantee
9.1 The Work shall be warranted from the date of invoice for a Warranty Period of 12 months or a distance of 12,000 miles whichever occurs first, with the exclusion of damage arising from the customer/third party interference, routine wear and tear, negligence, abuse and accidental damage.
9.2 All new parts, unless expressly stated otherwise shall be warranted from the date of invoice for a Warranty Period of 12 months or a distance of 12,000 miles whichever occurs first. The warranties on certain parts may vary due to their original Manufacturers’ warranty conditions.
9.3 In the event of a potential claim the customer should notify the Garage immediately, whereupon the defect shall be assess and repaired at no cost to the customer, subject to these terms and conditions.
9.4 Any warranty granted by the Garage applies directly to the Vehicle. If the Customer sells or otherwise transfers the ownership of the Vehicle to another party, that party shall remain entitled to the benefit of the warranty for the remainder of the Warranty Period.
9.5 Where the warranted parts require inspection by the manufacturer, the garage may replace the part in order to reduce the period the vehicle is off the road. Under these circumstances, the customer will be required to pay the retail cost of refitting the warranted part, including the part and labour, this invoice shall be credited back to the customer in the event of the manufacturer successfully validating the warranty claim. In the event of the parts manufacturer denying the claim, for example in section 9.6, then the customer shall remain liable for the invoice and no refund shall be made.
9.6 The warranty may be voided if the Vehicle is used for anything other than normal purposes (unless specifically stated otherwise). This includes but is not limited to:
9.6.1 Participating in racing or other competitions of any kind;
9.6.2 Participating in speed testing or time trials;
9.6.3 Use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);
9.6.4 Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; and
9.6.5 Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations.
9.7 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer arising out of The Supply of Goods and Services Act 1982.
10. Courtesy Car
10.1 The Garage may supply a courtesy car to the Customer. When requesting a courtesy car, the Customer shall be required to complete a Courtesy Car Agreement, accepting the terms and conditions therein.
10.2 The Customer must satisfy the following eligibility requirements:
10.2.1 The Customer must be the holder of a full (as opposed to provisional) driving licence which has been held for at least 1 year at the date of the booking. In the case of UK driving licences both the photocard licence and the paper counterpart licence must be produced before the courtesy car will be released to the Customer. Copies of licences will not be accepted.
10.2.2 The Customer must be at least 21 [and not more than 75] years of age to be supplied with a courtesy car by the Garage.
10.2.3 The Customer may not have more than 9 penalty points on their driving licence.
10.2.4 The Customer will not be entitled to a courtesy car if they have been banned from driving for a period of 12 months or more as a result of a CD, DD, DR or UT Offence within a period of 5 years prior to the date of the booking.
10.2.5 The Customer must present two forms of identification (in addition to their driving licence) when collecting the courtesy car. At least one should include the Customer’s home address. Acceptable forms include, but are not limited to, passports, bank statements and utility bills.
10.3 Notwithstanding the Customer’s satisfaction of the eligibility requirements set out in sub-Clause 10.2, the Garage may refuse the loan of a courtesy car to the Customer for any reason including, but not limited to, the non-availability of cars.
10.4 The customer is required to fully comprehensively insure the courtesy car while it is on loan to them. If the customer wishes, the Garage can insure the courtesy car for the period of loan. The customer is liable for any excess payable subject to a minimum of £800.00.
10.5 In the event of an accident the customer must not admit any liability and should immediately phone the garage. Failure to do so may render them liable for any costs incurred.
10.6 The customer shall be liable for any damage to the courtesy, however so incurred, and shall be charged for any repairs required at the Garage’s body shop.
11. Cancellation
11.1 The Customer shall have the right to cancel the Work at any time.
11.2 Unless otherwise expressly agreed in writing any deposit or prepayment made in accordance with sub-Clause 3.1 shall not be returned to the Customer in the event of cancellation.
11.3 If Work has commenced, the Customer will be required to pay for all labour and parts used up until the point of cancellation and shall be invoiced for the same. The provisions of Clause 3 shall apply to the payment of any such invoice.
11.4 If the Garage has ordered parts for the Vehicle but those parts have not been used prior to cancellation it shall have the right to charge the Customer for those parts where, in the sole judgement of the Garage, they are unlikely to be used or sold within a period of 6 months.
11.5 Notwithstanding any payment the Customer may make for parts under sub-Clause 11.4, those parts shall remain the property of the Garage and the Garage shall remain at liberty to use them or dispose of them as it sees fit.
11.6 If the Customer has been provided with a courtesy car it must be returned to the Garage immediately upon cancellation.
11.7 Following the payment of any sums due the Customer shall be required to collect (or arrange for the collection of) the Vehicle within 7 days. If the Vehicle remains on the Premises beyond that period the Garage shall charge the Customer for storage at the rate of £7.00 per day and shall not release the Vehicle until any such sums are paid in full.
12. Data Protection
12.1 Subject to the exceptions in sub-Clause 12.2 the Garage will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Garage’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
12.2 The Garage has the right to pass on any personal information provided by the Customer to relevant authorities including, but not limited to, the DVLA and the police. In the event that the Customer is in breach of these Terms and Conditions the Company may also pass on any such information to credit reference agencies and debt recovery agencies.
13. Notices
13.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
13.2 Notices shall be deemed to have been duly given:
13.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
13.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
13.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
13.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
13.2.5 in each case when addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
14. No Waiver
No failure by either the Garage or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
15. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
16. Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
17. Law and Jurisdiction
17.1 These Terms and Conditions shall be governed by the laws of England and Wales.
17.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.