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Halfway Garage (hereinafter
called the ‘Company’) accept vehicles (as hereinafter defined)
for repair, for examination with a view to estimating for
repairs, for garaging or pending sale or for any other purpose,
only and subject to the following terms and conditions (in
addition to any conditions stated on the face hereof):-
1)
Estimates are effective only
for 14 days after despatch. If instructions are not received
from a customer (in response to an estimate rendered) within 14
days from dispatch of the estimate, the Company may change its
usual garage rates from the date the vehicle was received until
its collection. (Note: - The Company does not as a general rule
make any such charge for the garaging pending instructions, if
the repairs are ultimately carried out by the Company and duly
paid for.)
2)
(i) All estimates by the
Company are based on the current cost to the Company of labour,
materials and spare parts at the date of estimate and in the
event of any variation occurring before or after acceptance the
Company may if it thinks fit require the Customer to pay on
completion of the work any increase due to such variation.
(ii) If no price is stated or
if part only of the work covered by the estimate is carried out
the Company shall be entitles to charge a reasonable and proper
price for the work done (including any stripping down leading to
determination as to the practicability or otherwise of any work
and reassembly) and for materials and spare parts supplied.
(iii)
If in the opinion of the Company it is impractical for any
reason to carry out any of the work it has been instructed to
carry out it shall be entitled to refrain from carrying out or
completing such work (notwithstanding that an estimate may have
been given therefore) and to carry out only such work as in the
opinion of the Company may be practicable.
3)
Variation of any kind in the
estimate, or the scope of the repair, or the prices chargeable,
or otherwise howsoever, shall be subject to all these
conditions, and so that any such variation shall not be deemed
to constitute or create a new or separate contract, and the
original contract shall remain in force, but as so varied. No
act of commission or omission by the Company in relation to any
vehicle shall constitute a ‘deviation from the contact’, nor
shall any such act disentitle the Company to the benefit of any
of these Conditions.
4)
Every endeavour will be made
to carry out the work by the time desired, but the Company shall
not be liable for any delay howsoever occasioned and this not
withstanding that a definite date for completion may be
specified.
5)
Any work done or goods
supplied in relation to a vehicle, by the order of any driver in
the Customer’s employ, or by any person who is reasonably
believed to be acting as the Customer’s agent, or by the order
of any person to whom the Company is entitled to make delivery
of the vehicle, shall be paid for by the Customer.
6)
Payment for all repairs
and/or spare parts supplied is due on completion of work, but
the Company may demand a deposit before commencing or in the
course of any work. A repair is completed for the purpose of
these conditions when notice has been given that the vehicle is
ready for collection.
7)
The Company shall have a
general lien on a vehicle and all its contents for all monies
owing to the Company by the Customer on any account whatsoever.
The Company shall be entitled to charge garage rent during any
period in which the vehicle is retained by virtue of the lien.
8)
If the Customer’s
indebtedness to the Company is not satisfied within three months
from the first account rendered to the Customer, the Company may
without notice, sell the vehicle and/or the contents thereof by
public auction or private treaty. The net proceeds of the sale
shall be applied towards satisfying monies due from the Customer
to the Company, and any balance shall be paid by the Company to
the Customer on demand.
9)
Where in any case a driver
who, so far as the Company is aware, has the authority to
collect the vehicle, collects the same, the Company shall not be
responsible to the Customer for any loss or damage resulting, on
the grounds that such driver had in fact no such authority, and
this notwithstanding that delivery may have been made without
payment of the Company’s account. It shall not be obligatory
upon the Company to seek confirmation of the authority of any
person reasonably believed to be then, or to have been at some
time connected with the Customer.
10)
If a vehicle is not
collected, and the Company’s charge’s are not paid within 24
hours after the delivery of the vehicle to the Company, the
Company may charge its current storage rent at £12 a day in
respect of cars & £20 for commercial vehicles from the date of
completion of the repairs until collection or disposal under
Section 8 hereof or as the case may be.
11)
In connection with any
inspection, or contemplated repair, or other purposes for which
a vehicle is accepted by the Company, testing, taking the
vehicle for body repairs or other specialists, demonstrations,
etc., the Customer is deemed, unless express notice in writing
is given to the contrary, to have authorised the driving of the
vehicle on the road or elsewhere.
12)
Except in the case of a
consumer transaction the Company is not responsible for loss or
damage to vehicles or other property whatsoever
13)
The Customer shall be
entitled to the benefit of any warranty to which the Company is
entitled as against the manufacturer of parts and materials
supplied or any sub-contractor. In the unlikely event of a
replaced part failing due to incorrect fitment or the part
itself being faulty, Unipart Car Care Centres offer the added
reassurance of free parts and labour for replacement within 12
months or 12000 miles commencing from the date of original
fitment, whichever is earlier. This can be carried out either by
the original Unipart Car Care Centre who undertook the repair or
any other participating Unipart Car care Centre throughout the
UK, each of which has agreed to offer the same guarantee Your
statutory rights are not affected
14)
All parts removed by the
Company in the course of repair shall, if not claimed by the
Customer within 24 hours after the completion of the repair be
deemed to be wholly abandoned to the Company and they shall
become the Company’s absolute property accordingly.
15)
Any notice to the customer
posted to his last known address shall be good notice
16)
Save where the context
forbids, the expression ‘vehicle’ wherever used in these
Conditions includes car, lorry, van, trailer, caravan, invalid
carriage and cycle, and as a separate unit or otherwise, engine,
axle, gearbox, clutch, generator, starter, battery, and each and
every component of a vehicle.
17)
No alteration or
qualification of these printed terms and conditions shall be
effective unless in writing, signed on behalf of the Company by
a Director or a duly authorised officer of the Company. No other
person has any authority to alter or qualify in any way the
above printed conditions or to enter into any contract for
repair for any of the purposes set out in the preamble above on
behalf of the Company otherwise than on such conditions.
18)
Unless otherwise stated, all
service work undertaken, is carried out in accordance with the
manufacturer’s schedule.
19)
Data Protection Act 1998.Any
data collected within the Company will not be disclosed to any
external sources without your express written consent.
20)
If courtesy vehicles are
available they may be offered on the understanding that
customers hold a full UK driving licence with no more than two
SP30 endorsements (no other endorsements will be acceptable) and
are between the ages of 25 to 70. If insurance is not
transferred to the customer’s own policy, the company excess at
that time will apply. A Courtesy car loan sheet must be
completed and vehicle condition noted before and after return.
21)
PAYMENT :
(A) Unless
other terms of payment have been mutually agreed in advance, all
work must be paid for on collection or delivery in cash or by
cheque, guaranteed by a valid bank card or by Barclaycard,
Switch, Visa, etc. or where evidence of acceptance is displayed.
Where a Credit Account has been opened, future supply of
services will be dependant upon settlement of the account
strictly in accordance with the credit terms granted. (B) The
risk in the goods shall pass to the purchaser on delivery.
Ownership of the goods shall not pass to the purchaser until the
purchase price has been paid to the seller and any cheque or
other negotiable security has been honoured.
22)
Customers have the right to
cancel work at any time. If such cancellation is prior to work
commencing then no charge is made.
If work has been started then costs will only include the
labour for the work carried out up to the time of cancellation.
The company will wherever possible minimise the total costs to
the customer,
however parts ordered, obtained or used that cannot be
cancelled, returned or
resold together with any handling charges and any other
direct costs that have been incurred will be charged to the
customer. Consideration will be given to any ‘out of pocket’
expenses incurred
Notice
Customers are strongly advised
to remove all items of value not connected with the vehicle when
leaving it on company’s premises since the company cannot accept
liability or any loss or damage to the same except in consumer
transactions when this is shown to have been caused by a lack of
reasonable care on the part of the company.
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