Terms & Conditions
This Terms of Business applies to Reconditioned Engine & Gearbox supply and fit service.
(The Company) accepts vehicles for repair, for examination with a view to estimating for repairs and for any other purpose subject to the following terms and conditions. The terms of Business constitute the entire contract between the Company and the Customer. No party has relied on any representation or promise except as expressly set out in this contract. The terms of Business herein will not affect the Customer’s Statutory Rights. The Customer is deemed to have accepted these Terms of Business if they, or their representatives, give instructions or place orders by any means for work to be done or goods to be supplied and a contract (“contract”) will only come into being upon acceptance by the company of such an order. No alteration of these Terms of Business shall be valid unless confirmed in writing and signed on behalf of the company or by a manager of the Company. Any Terms and Conditions supplied, or referred to by the customer shall have no effect on this Contract.
A quote given for a repair is an approximation of the likely cost of supply and fit a reconditioned engine/gearbox without dismantling the vehicle’s engine/gearbox for detailed inspection. Prices of reconditioned engine/gearbox and its fitting service are those current at the time of the quote and the Company reserves the right to increase the Contract price should additional repairs be found to be necessary on dismantling the vehicle’s engine/gearbox, or if the price to the Company increases in the period between preparing the quote and completing the work. If during the progress of work the quote will be exceeded by any material amount the Company will obtain permission from the Customer to continue. A Storage charge of £20 per day may be made for vehicle(s) left on the Company’s premises for more then 15 days.An order or instruction, which has been accepted by The Company may be cancelled by the Customer only with the agreement of the Company. The Customer will pay the Company for all costs, charges or expenses incurred by the Company up until to and as a result of the cancellation. A cancellation can only be accepted by the Company when all sums due have been paid.Unless otherwise expressly stated time is not of the essence of this Contract, nevertheless the Company will endeavour to complete repairs by the date and time requested but cannot accept responsibility for any delay resulting from any cause beyond the Company’s control (including the non-delivery or late availability of parts or the goods and services).If for any reason work requested by the Customer is not carried out in full, the Company may charge a reasonable amount for the work completed and the cost of the goods supplied and fitted. Reconditioned engine/gearbox supplied is priced on exchange basis, which means that the Customer’s engine (serviceable engine/gearbox) should be returned to the Company,if not extra charge(s) applied.Any variation agreed between the Company and the Customer in the work to be carried out or goods supplied shall be deemed to be an amendment to this contract and shall not constitute new Contract. Reconditioned engine/gearbox, fitting charges and any other additional charges owed by the Customer to the Company must be paid for in full on collection, should the customer agreed to have the vehicle delivered to their address Customer must pay the amount agreed in full including additional charges such as delivery charge that may incurred.If the Customer fails to pay for and/or collect the Customer’s vehicle,within 7 days after, notification of the work being completed then the Company may make additional charges for storage at £20 per day will be forced. within 15 days of being notified that the work is complete and/or the Goods are ready for collection, we may (after giving you 7 days notice of our intention to do so and if you have not paid the full amount and collected the vehicle and/or goods before such note expires) sell the vehicle and/or goods, deduct the amount owing to us (including statutory interest, storage charges and the costs of sale) and pay the balance to you, if any. Should the value of the sale is less than the amount owed to us, we will then pursue the payment of the outstanding owed to us through legal action.The company retain a lien over the reconditioned engine/gearbox supplied and or the Customer’s vehicle until the cost of reconditioned engine/gearbox, engine/gearbox fitting work, tow, repair and storage have been discharged in full and any payment presented has cleared. All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of mail delivery to the invoice address. In the case of engine/gearbox supply and fit service.
The Company shall take reasonable care of the vehicle while in its custody. The Company is only responsible for loss of or damage to a vehicle or its accessories caused by the company’s negligence. The Company will determine whether to repair or replace the damaged item or alternatively offer compensation for loss caused. The Company cannot accept liability for the loss of or damage to personal property or business goods left in the vehicle. The Company advises the Customer to remove all items of value not related to the vehicle prior to work commencing. The Company shall not be liable to the customer for any loss or damage occasioned by release of the vehicle to any person(s) who settles the account outstanding for goods, tow, repair or storage provided that such person(s) shall have held themselves out as duly authorised by the Customer to have possession of the vehicle. The Company warrants all parts fitted to the vehicle in accordance with the applicable statutory rights at the time of supply or repair.The warranty is void if the customer takes the car to any other garage/mechanic to approve or show the work carried out by the company(otherwise given authority by the compay).The Company warrants its work for a period of 6 months or 12 months or 12,000 miles only, from the date of completion of the work (“Warranty Period”). If the Company accepts within warranty period that it has failed to execute the Services in accordance with the express terms of the contract, the Company may, at its option, perform again such of the services as have not been carried out in accordance with the express terms of the contract or repay the Customer the charge for such of the services as have not been so performed (provided such charge shall have been paid to the Company by the Customer).
The company shall not in any circumstances be liable for any damages, compensation, costs, expenses, labour costs, fuel cost, losses, recovery or other liabilities, whether direct or consequential when the customer brings the car with in the warranty period and any other remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law.
A claim under this Warranty shall not entitle the customer to cancel or refuse payment. This warranty shall not apply where, the defect or fault is attributable to defective materials supplied by third parties where the Customer’s only remedy will be against that third party; the vehicle has been used for competitions, racing or record attempts or otherwise than for private or commercial use; the vehicle has been abused in any way or damaged by wear and tear, neglect, rust or failure to maintain in accordance with the manufacturer’s recommendations; the vehicle has been damaged in any subsequent accident.The invalidity, illegality or unenforceable of any provision of these conditions should not affect the other conditions.A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) act 1999 to enforce any term of this Contract. This clause does not affect any right or remedy of any person which exists or is available otherwise that pursuant to that Act.The Contract (and any proceedings whereby one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.