| TERMS AND CONDITIONS FOR GARAGE SERVICE AND REPAIR WORK |
| THESE TERMS AND CONDITIONS RELATE TO ROAD LEGAL VEHICLES ONLYNothing contained in these Terms and Conditions is designed to, nor will it affect your statutory rights if you are purchasing in your capacity as a consumer. |
DEFINITIONS
“Conditions” means these terms and conditions.
“Contract” means a binding contract between you and us for the sale and purchase of Parts or the provision of Services.
“Order” means a purchase order for Parts or Services, as set out in a completed order form, instruction sheet or other sales document.
“Parts” means vehicle parts, exchange parts, accessories and assembled units.
“Services” means inspection or other manufacturer approved service, repair work, diagnostic work or maintenance work.
“We, us, our” means
R M Hockey & Son Ltd. Bryn Garage, Penpergwm.
Abergavenny. NP7 9AT
BINDING CONTRACT
A Contract shall only come into force once an Order has been accepted by one of our service managers or Parts salespeople (as the case may be). All Contracts shall be subject to these conditions to the exclusion of all other terms and conditions.
No variation of any Contract shall be valid unless agreed by mutual consent.
All contracts are personal to you and you shall not assign your rights or obligations under them without prior consent.
All Contracts shall be subject to any additional terms and conditions which the manufacturer and/or UK importer of your vehicle or the Parts you order may from time to time impose on the supply of the Service and Parts. A copy of these terms and conditions may be inspected at our office or otherwise made available to you.
FULFILLMENT OF ORDER
We shall not be obliged to fulfil Orders in the sequence in which they are placed and if the manufacturer of the Parts that you order or which are necessary to enable us to supply the Services stops making those Parts, we may give you written notice to cancel the Contract. If this happens, we will refund or offer credit for the sum that relates to the Parts that we cannot obtain or the portion of the Service that we cannot supply.
We will try to ensure that the Service of Parts we agree to supply are provided by any estimated date set out in your Order, but we do not guarantee supply by any date.
Except where any delay is caused by circumstances beyond our control, you will be entitled to cancel the Contract and to a refund of the relevant portion of any sums paid by you if we do not supply the Service or Parts within 28 days of the estimated date set out in your Order, unless you have agreed whether verbally or in writing to accept late supply.
Where delay or any other failure in performance is caused by circumstances beyond our control, we will not be liable for any loss related to the supply of the Services or the Parts. In these circumstances we will contact you and agree an alternative date for supply, unless you decide that you wish to cancel the Contract, in which case the relevant portion of any sum you have paid shall be returned in full.
Circumstances beyond our reasonable control include (without limitation) any act of God, terrorist attack, strike, lock-out or other industrial action where we are unable to obtain Parts or other consumables from the manufacturer or UK importer, either because of the terms and conditions which they have imposed on the sale or resale of those Parts or consumables or otherwise.
LIMIT OF SERVICE WORK
Where we agree to carry out any manufacturer standard inspection service or diagnostics work, our obligation shall be limited to the performance of such work as may be prescribed from time to time by the manufacturers as coming within the scope of such work.
All Services or Parts which you require must be detailed in an Order or otherwise agreed with us.
Our record of your Order or other requirements shall be a definitive record of the Services and Parts you order and shall be final and binding in all respects.
EFFECT OF PLACING YOUR VEHICLE IN OUR POSSESSION
You agree that we (including our staff and agents) are expressly authorised by you to use the vehicle referred to in an Order on the highway and elsewhere for all purposes in connection with the provision of Services.
Except where these Conditions or the law provides otherwise:
Your vehicle and its components, fittings and contents are left with us entirely at your risk; and
We shall in no circumstances, be liable for loss or damage or for delay in carrying out or completing the services howsoever occasioned and whether by reason of any act or default of us, our staff, our agents or otherwise.
PAYMENT
We reserve the right to charge a minimum assessment fee equivalent to ½ hour’s labour for any work carried out.
If specialist parts have to be ordered for your vehicle, payment to the value of 50% must be made in advance.
All payments in respect of the supply of Services or Parts shall become payable when we have notified you that the Services have been completed or (as the case may be) that the Parts are ready for collection.
Unless otherwise agreed, payment shall be made in full and cleared funds before your vehicle or Parts are released to you. Payment must be in cash or credit/debit card or by BACS.
You acknowledge that we have a legal lien upon any vehicle left with us for the supply of Services that are not collected from us then, unless we agree otherwise and without prejudice to our other rights to recover sums due, the following provisions shall apply.
If a period of 7 days from the date on which we notify you that the work requested has been completed has passed, then we shall be at liberty to charge you a fee of £5 per day for the storage of such vehicle and if a period of 30 days from the date on which we notify you that the work requested has been completed has passed, then (without prejudice to conditions above) we shall be at liberty to dispose of the vehicle and apply the proceeds of sale to your account. We shall hold any difference between the sum we realise from the disposal and the outstanding balance of your account on trust for you.
PRICE INCREASES AND ADDITIONAL PAYMENTS
If, after the date of any Contract but before payment is made by you, the recommended list prices of the manufacturer or its UK importer for any Services or Parts supplied shall rise, then the Contract price shall rise accordingly, notwithstanding the terms of any estimate or quotation we may have given.
If in our reasonable opinion, the work you require us to carry out cannot be carried out without the vehicle or any part thereof being washed or otherwise cleaned, the cost of such washing or cleaning shall be chargeable to you as if it had been specifically requested by you.
We shall not offer credit in respect of fuel loss or consumables required to be replaced as part of the Services. The cost of replacing such items shall be charged for at our standard prices.
RETURN OF PARTS
Parts will not be accepted for credit or refund unless they are:
Returned within 7 days of the date of collection, together with a copy of the relevant receipt, Order or invoice and in our opinion, in reasonable condition, in their original packaging and of merchantable quality. Parts returned in this way will incur a surcharge of 50%.
Specially ordered Parts cannot be accepted for credit or refund. This does not affect your statutory rights if you are buying in your capacity as a consumer.
TERMINATION
If you shall become bankrupt or insolvent or make any arrangement with creditors or have a receiver appointed over some or all of your assets or being a body corporate you enter into liquidation other than for the purpose of amalgamation or reconstruction, then we shall have the right to terminate any Contract with you and shall thereafter cease to have any further obligations to you under such Contract and the price for all work done and goods and services rendered by us up until such point shall immediately become payable.
WARRANTY
The work carried out by us is, unless we tell you otherwise, warranted against faulty workmanship for a period of 12 months from the date of completion of the work or until such time as your vehicle has amassed a further 12,000 miles, (whichever occurs first). This does not affect your statutory rights if you are buying in your capacity as a consumer.
The warranty does not cover fair wear and tear, nor defects arising from:
The use or maintenance of your vehicle or the use or installation of Parts otherwise than in accordance with the manufacturers recommendations, repair by a workshop not approved by the manufacturer of your vehicle, installation of parts by a workshop not approved by the manufacturer of your vehicle; or accidental damage or damage resulting from negligence except our own negligence.
Where we are able to do so, we will also pass on to you the benefit of any available manufacturer’s warranties for the Parts we supply. We do not warrant that the Parts supplied will conform to any published design or functional specification.
Except as stated in these Conditions or where the law provides otherwise and except in respect of a vehicle or Part, either of which is subject to a manufacturers warranty, no conditions or warranties are given or implied as to the quality of goods or services supplied by us or their fitness for any particular purpose, including whether such purpose has been made known to us or not.
We will however (without prejudice to our rights hereunder) correct all faults arising from the Services carried out by us and occurring by reason of our default or negligence and shown to be such to our reasonable satisfaction.
LIABILITY
Subject to the statutory rights which you may have as a consumer, these Conditions expressly set out our entire liability in respect of the goods or services we provide to you under your contract. This liability shall be in place of and be to the exclusion of all other conditions, warranties, terms, liabilities and representations relating to the goods or services, whether express, implied, statutory or otherwise.
Unless these Conditions provide otherwise, we shall not be liable for any loss or damage you suffer, including loss of revenue, loss of profit, loss of opportunity or any other indirect or consequential loss or both arising from or in connection with the Contract.
Our aggregate liability in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising by reason of or in connection with a Contract shall be limited to replacing defective Parts or re-performing defective Services.
We do not exclude or limit liability, for death or personal injury caused by our negligence; or where we are unable to do so by law.
You are not entitled to rely on any representations save for those recorded in the Contract and any which are made fraudulently, and we do not accept responsibility for any other representations.
GENERAL
Any correspondence to you will be sent by email. Please ensure we have your correct email address on our records.
Should we fail to strictly enforce any obligation under this agreement at any time, this will not prevent that obligation being enforceable at a later date.
Except where additional terms and conditions are imposed by the manufacturer of your vehicle or the Parts you order (as to which, please refer to the above conditions) these Conditions and the price and other details set out in your Order contain the entire agreement between you and us. Nothing in these Conditions shall exclude liability for fraudulent misrepresentation.
Where any of these conditions are held to be wholly or partially invalid or unenforceable, then that condition (or relevant part) shall be treated as if deleted from these Conditions and the remaining conditions (or the remaining part of that particular condition) (if any) shall be unaffected by such invalidity or unenforceability.
YOUR PERSONAL INFORMATION
We, together with the manufacturer and/or UK importer of your vehicle will hold the information you provide to us in an Order (or otherwise) for sales, service and warranty purposes. We or these parties may pass this information to other carefully selected third parties and either we or any of these third parties may contact you with details of other products or service that may be of interest to you or to ask you to participate in a customer satisfaction survey. If you do not wish your information to be used in this way, please write to our Customer Services Manager at the address set out on your order.
