CONDITIONS OF CONTRACT
1. The Company
"The Company" means the company detailed below and all customers
hereby agree to be bound by these terms on their own behalf and (where
applicable) on behalf of their principals.
2. Sub Contracting
The Company is entitled at all times and without giving notice to the customer to
sub-contract all or any part of the servicing repair or other maintenance work, the
subject of this contract, to a specialist or other repairer.
3. Driving of Vehicles by the Company's Servants
Vehicles are driven by the Company's servants or agents and the customer duly
authorised them to do so.
4. Loss and Damage
(i) The Company will afford vehicles and their contents reasonable protection from
theft and kindred offences whilst in the possession of the Company and on the
Company's premises but the customer's attention is drawn to the fact that articles
fitted to or left in vehicles are always at risk and customers are advised to remove
all valuable items from the vehicle.
(ii) In the event that the customer requests the Company to leave the vehicle on
the public highway or any other place outside the Company's premises for the
customer's collection after completion of the work, the Company shall not be liable
in respect of any loss or damage to the vehicle or its contents.
5. Faulty Parts or Materials
Subject to the terms of the relevant manufacturer's guarantee or warranty (if any)
the Company will at its option either repair or replace any part or material which it
has supplied and which was defective at the time of supply.
6. Defective Workmanship
(i) The Company will take reasonable care to ensure that all work on vehicles in
the Company's possession is carried out by employees or (where applicable) by
contractors with reasonable care and skill.
(ii) Except where liability for consequential loss is included in liability arising in the
circumstances set out in Section 2(1) of the Unfair Contract Terms Act 1977 the
Company shall not in any circumstances be liable for consequential loss arising
from a failure to take care referred to in sub Clause (i) hereof.
7. Completion Date
While the Company will use its best endeavours to comply with any completion
date suggested or stipulated the Company will not be bound to complete within
any specifed time and the mention of any date shall be construed as no more than
a guide or estimate, and without prejudice to the generality of the foregoing, no
responsibility can be accepted for any delays caused by the late supply of parts
when caused by factors beyond the Company's direct control.
8. Force Majeure
If the Company's work is stopped, delayed or impeded by fire, explosion, strike,
lock out or industrial action, war hostilities, civil disturbances, government
demands, regulation or prohibition, failure or delay on the part of any other supplier
or suppliers or any direct cause beyond the control of the Company, an order may
be modified or cancelled by the Company as regards such part thereof as has not
been executed by delivery to, or performance by the Company of goods or
services specified. In such event no liability shall attach to the Company by reason
of such modification or cancellation.
9. Estimates of Cost
(i) Verbal. A verbal estimate does not constitute an offer to do the work at the price
quoted and is not to be taken as legally binding in any way but only as an
approximate guide to the cost of work undertaken.
(ii) Written. A written estimate does constitute an offer to do the work at the price
quoted subject to the following exceptions:
(a) The price of a part or component is either itself specified in the estimate or for
which allowance has been made as being in the Company's opinion, a necessary
or reasonably incidental element in the work specified in the estimate is subject to
any changes in the price of that part or component appearing in the manufacturer's
catalogue before the date when the work is completed.
(b) The estimate is based upon the information of which the Company is actually
aware at the time of the estimate and any price quoted is subject to revision if it
later appears to the Company that other work or parts are reasonably necessary
(subject to the provisions of Clause 10 hereof).
(c) The estimate may be withdrawn or revised at any time before the customer
accepts it and in any case it will automatically lapse six weeks from the date
appearing on its face.
10. Additional Work
(i) If it shall appear to the Company at any time after the customer's order is placed
that any additional work or part(s) is or may be required the Company will make
every reasonable effort to contact the customer for instructions and will not
proceed with any such additional work or with the supply or installation of any such
additional part(s) without the express permission (either verbally or in writing) of
the customer except in the following circumstances:
(ii) Where the provisions of the additional work or part(s) is incidental to the
carrying out of the customer's existing order and seems reasonably necessary to
(iii) Where the Company considers the additional work or the provision of the
additional part(s) to be necessary to put the vehicle into a roadworthy condition
and the additional cost to be small compared to the cost of carrying out the
customer's existing order.
(iv) Where the customer has expressly or implicitly authorised (either verbally or in
writing) such work or the provision of such part(s) as may be reasonably necessary
to put the vehicle into a specified condition, or has otherwise left the extent or
nature of the work to the Company's discretion. Any variation agreed between the
Company and the customer in the work to be carried out by the Company shall be
deemed to be an amendment to this contract and shall not constitute a new
11. Routine Servicing and Other Specified Works
The Company's obligations during a routine service is limited to carrying out the
works specified in the manufacturer's service list or other service schedule, and in
carrying out works specified by the customer, the Company's obligation is limited
to carrying out the customer's specifications. Neither during a routine service nor
in carrying out work or supplying any part(s) specified by the customer does the
Company undertake to check generally the road-worthiness or safety of the
vehicle or its compliance with any legal requirement.
12. Terms of Payment
(i) Unless any other arrangement has previously been made with the customer all
charges due to the Company shall by payable either before or at the time the vehicle is
released to the customer. Payment by cheque will only be accepted if the Company
consented to such payment before the work commenced or the part(s) were supplied.
In respect of all goods supplied by the Company on credit or upon payment by cheque
(save for fuel oils), the legal title to such goods shall remain in the Company until
payment has been made in full and/or such cheques have been paid and have cleared.
(ii) If for any reason the work requested by the customer is not carried out in full the
Company will charge a reasonable amount for the work actually carried out.
(iii) Remittance and Payment should be addressed to Stoneacre Motor Group.
13. Return of Goods
(i) The Company will accept return of Goods at its discretion and without penalty to the
Buyer only if:
(a) The Goods were not supplied specially ordered or non stock items,
(b) The Goods are returned within 7 days of delivery,
(c) The Goods are in resalable condition,
(d) Full purchase documentation information is given, and
(e) Signature of reciprocate/proof of return is obtained.
(ii) If the Goods are returned in accordance with Condition (13.i), but outside 7 day
of delivery, the Company may apply a handling charge of up to 25% of the price of
the Goods returned which will be levied from the credit document at the discretion
of the Company.
(iii) Credit will not be given by the Company on any Goods returned by the Buyer
on a transaction over 3 months prior to their return. These old Goods returned for
credit will only be credited if the Goods are in a readily re-conditionable condition in
accordance with any manufacturer's guidance or conditions.
(iv) The return of the Goods will be the responsibility of the Buyer and will only be
collected by the Company if or when further deliveries by its own transport are
carried out to or nearby the collection point unless otherwise agreed by both parties.
Should a customer dispute any charge made by the Company in respect of work
carried out or part(s) or material(s) supplied then that dispute shall be determined
by an arbitrator appointed by the Institute of Arbitrators.
The Company shall have a general lien over all property of the customer lawfully
in its possession of the indebtedness of the customer to the Company and the
Company shall also have a right of sale by public auction without reserve over all
such property if such indebtedness is not paid within three months of being notified
by letter sent by Recorded Delivery to the customer's last know address (or in the
case of a company to its registered office). Following such a sale the Company will,
after deducting all sums due, pay the balance (if any) of the proceeds of sale to the
16. Disposal of Uncollected Vehicles
Subject to Clause 15 above, the Company shall have the right to sell any vehicle
by public auction without reserve if the customer fails to collect it within three
months of being notified by letter sent by Recorded Delivery to his last know
address (or in the case of a company to its registered office) of the completion of
the work. Following such a sale the Company will, after deducting all sums due,
pay the balance (if any) of the proceeds of sale to the customer.
17. Parking and Storage Charges
The Company may charge the customer for parking of vehicles and for the storage
of any part(s) should the customer fail to collect the same within two weeks of
being notified at his last known address that the work has been completed or within
two weeks of the estimated completion date (if any) whichever is the later. The
customer shall be deemed to have been notified if the Company has posted to his
last known address a written notification of completion of the work.
18. Disposal of Parts Removed
(i) Customers wishing to have returned to them parts or components replaced
during service or repair work (other than warranty work or items supplied on an
exchange basis) when the vehicle is collected should ask at the time the vehicle is
left for repair or service, and if they do not, the property in the parts replaced shall
forthwith pass to the Company.
(ii) Where the parts or components are replaced under warranty or are exchanged
the property therein shall pass to the manufacturer or other person or company
19. The Law Governing the Contract
(i) The Law governing the contract shall be the Law of England & Wales.
(ii) In so far as the contract may be one to which the Supply of Goods and Services
Act 1982 applies then any rights, duties or liabilities implied by the said Act as term
of the contract shall be excluded from the contract to the extent permitted by the
Unfair Contract Terms Act 1977.
20. Variation and representation
The contract between the Company and the customer is contained exclusively in
this form and no servant or agent of the Company has any authority to add to, vary,
or contradict these Conditions of Contract whether orally or in writing and the
Company shall not be liable for any representation which any servant or agent
shall purport to give on its behalf.
NOTHING SET OUT HEREIN AFFECTS THE STATUTORY RIGHTS OF A CONSUMER
Registered in England No. 3003995
VAT Reg. No. GB 616 9960 04
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