Vehicle Aftersales Terms and Conditions

PARTS

1. The Company reserves the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order).
2. All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue on production of this invoice.
3. Worn units will only be accepted in a clean and oil free condition.
4. All claims or queries pertaining to this invoice must be made within 7 working days of issue quoting this invoice number.
5. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.

Warranties/ Company’s Liability

6. Except in so far as liability may be placed upon the Company by the Sale of Goods Legislation and where the customer is a consumer as therein defined, or by the Unfair Contract Terms Act 1997, or in respect of a vehicle subject to a manufacturer’s Warranty or other written warranty, no warranty is given or implied as to the quality of goods or services or their fitness for any particular purpose whether known to the Company or not. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.
7. Subject to clause 8 below, the Company assigns to the customer, the benefits of any applicable manufacturer’s warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 12000 miles, whichever occurs sooner from the date of completion of work.
8. The Company’s obligation under clause 7 shall be mitigated or removed if any defect is caused or worsened by any of the following:

i. Failure to notify the Company of the defect.
ii. Failure to afford the Company opportunity to rectify the problem.
iii.Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
iiiv. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
v. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.

BODYWORK/REPAIR

9.VARIATIONS TO ESTIMATE

This estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause.
Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.

10. PAINTWORK

Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.

11. DELIVERY

The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although it can accept no responsibility for delays outside its control.

12. PAYMENT

Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.

13. LIABILITY

Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer’s schedule as coming within the scope of such operation.

14. USE OF THE CUSTOMER’S VEHICLE

The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.

15. LIEN

The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.

16. RISK/DELAY

Subject to the provisions of the Unfair Contract Terms Act 1997 and any amendment thereof vehicles, including components, fittings and contents are left with the Company entirely at the customer’s risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Company, its employees or agents.

17. BANKRUPTCY/ INSOLVENCY OF CUSTOMER

If the customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a receiver of his effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.

18. STORAGE CHARGES

If, following the completion of services the customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

19. REPLACEMENT PARTS

The Company shall obtain the customer’s express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.

20. EXCHANGE UNITS

In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacturer’s credit note is received, the surcharge will be cancelled.

21. DISPOSAL OF UNCOLLECTED GOODS

Any vehicle which is not collected by the customer and in respect of which payment for repairs carried out has not been made within three calendar months of the customer having been advised of the completion of the work may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the customer last known to the Company and shall be deemed to have been received by the customer on the day following the date of posting or if that shall be a Sunday or a Public Holiday to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the customer or forward the same to the customer at the customer’s last known address.

22. STATUTORY RIGHTS

Your statutory rights under the Sale and Supply of Goods Act and consumer legislation are not affected by these terms and conditions.

23. DATA PROTECTION

The Company will hold the information overleaf for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organization. We, or they, may contact you by email, telephone or letter to inform you of products or services which may be of interest to you, or you may be asked to participate in a customer survey by either the Company, your vehicle manufacturer or third party. If you do not want your information to be used in this way please notify us by writing to the Dealer Principal at the address shown overleaf.

24. All the agreements between the Company and the customer are personal to customers who may not assign his rights or liabilities to any third party by any means.
25. This contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

COMPLAINTS

Should you have any complaints that you wish to raise with the Company regarding this transaction or any other matter please address them to Erwin Hymer Centre Travelworld, Creswell Park, Valley Drive, Stafford, ST16 1NZ, for the attention of the Customer Care Manager.

Nothing herein is designed to, nor will it affect a customer’s statutory rights.