AEG Motorhomes Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms unless the context requires otherwise:
- Accessory: means an extra or accessory detailed in the Order.
- Allowance: means the amount specified on the Order as allowed by the Seller against a Part Exchange Vehicle
- Completion: means the completion of the transaction, comprising the Sellers delivery of the Vehicle, and the Purchaser delivering the Part Exchange Vehicle in accordance with clauses 9.3 - 9.5;
- Contract: this means this agreement for the Seller to sell and Purchaser to purchase the Vehicle.
- Encumbrance: includes (without limitation) any interest or equity of any person, any mortgage, pledge, lien, assignment, hypothecation, security interest, title retention or any other security obligation or any agreement or obligation to create any of the foregoing.
- Estimated Delivery Date: means the considered approximation of when the Vehicle will be delivered as may be specified on the Order. Time of delivery is not of the essence of the Contract.
- Manufacturer: means the manufacturer of the vehicle.
- Order: means the order set out overleaf for the purchase of the Vehicle.
- Part Exchange Vehicle: means the used vehicle (if any) offered by the Purchaser in part exchange for the Vehicle, details of which appear on the Order under the heading "Part Exchange Vehicle" or similar.
- Purchase Price: means the price for the Vehicle (including, where applicable, Accessories, road fund licence, delivery, warranty, insurance, fuel, car tax and value-added tax) current at the date of the Order.
- Purchaser: means the person, or entity (incorporated or otherwise) placing the Order.
- Seller: means the All Electric Garages Group Plc (Company No. 896825) and/ or any of its subsidiaries overleaf and includes its successors and assigns;
- Vehicle: means the motor vehicle and any parts, and Accessories (subject to clauses 5.4 and 5.5); and
- Working Day means all days other than Saturdays, Sundays and Public holidays.
1.2 Headings are for convenience only and do not affect the construction of the Contract; the masculine shall include all genders and the singular shall include the plural; any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
1.3 These terms together with the terms set out on the Order constitute the entire agreement between the parties with respect to the Contract and may only be varied with the express consent in writing of the Seller. Any variations so agreed shall not constitute a new contract but shall be deemed to be an amendment of this Contract.
2. FORMATION OF CONTRACT
2.1 The Order is the Purchaser's offer to purchase the Vehicle upon these terms. The Contract is formed upon the Seller accepting that offer by the Seller signing and dating the Order.
2.2 The Contract is personal to the Purchaser, who shall not assign the benefit of the Contract without the prior written consent of the Seller.
3.1 The return of any deposit paid will depend on how the Contract is cancelled
3.1.1if the Contract is cancelled further to the Seller's consent or pursuant to clauses 3.2, 4.5, 5.3 or 14, then the Seller shall return to the Purchaser any deposit paid and thereafter the Seller shall have no further liability to the Purchaser under the Contract; or
3.1.2 where clauses 3.2, 4.5, 5.3 or 14 do not apply and the Purchaser purports to cancel the Contract without the Seller's prior written agreement, then the Seller may (without prejudice to its other rights and remedies) retain from any deposit paid and amount equal to any costs and/or expenses incurred or likely to be incurred by the Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract.
3.2 If the Goods are purchased via a distance contract as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Purchaser may within fourteen (14) days of delivery cancel the contract and require the Seller to refund the Purchase Price without delay, and in any case by the end of fourteen (14) days of the Vehicle being returned to Seller. In this instance, the Purchaser must keep the Vehicle in a reasonable condition and return the Vehicle or make it available for collection and pay the Sellers' reasonable costs of collection.
3.3 The Purchaser is not entitled to cancel the Order where the Vehicle is to be produced or customised to the Purchaser's specification. The Purchaser will not be entitled to a refund if it cancels an Order in these circumstances.
4.2 Unless otherwise specifically agreed in writing 'delivery' means the Seller making the Vehicle available at the Seller's premises for collection by the Purchaser once the Purchase Price has been fully paid to the Seller. Risk in the Vehicle shall pass on delivery.
4.3 The Seller shall endeavour to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the Estimated Delivery Date.
4.4 Once the Seller informs the Purchaser that the Vehicle is ready for delivery, the Purchaser shall have seven (7) days from the day after the date of notification in which to pay the Purchase Price (less the Allowance, if any) and take delivery of the vehicle.
4.5 The Purchaser shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full, and if the Purchaser fails to pay, the Seller shall be entitled to treat the Contract as terminated by the Purchaser. Until the Contract is so terminated the Seller may, at its option, either store the Vehicle itself or have it stored by third parties on such terms as the Seller in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the Purchase Price. If the Seller treats the Contract as terminated by the Purchaser, the Seller may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Purchaser and sell the Vehicle and retain the proceeds of the sale.
4.6 If the Seller fails to deliver the Vehicle within thirty (30) days after the Estimated Delivery Date, and the Purchaser has paid the Purchase Price, the Purchaser may give seven (7) days notice to the Seller requiring delivery. Failing such delivery the Purchaser may cancel the Contract.
4.7 If the Vehicle is a new vehicle, the Seller may at any time cancel the Contract if the Manufacturer ceases to make that type of vehicle.
5. PRICE AND PRICE VARIATION
5.2 The Seller reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of car tax or value added tax between the date of the Order and the date of delivery and the Purchaser shall be bound to pay the price as so varied.
5.3 If before the date of delivery, a change occurs in the Manufacturer's (or relevant concessionary's) price for the Vehicle or any Accessory, the Seller shall notify the Purchaser of the amount of such change and whether it intends to increase or reduce the Purchase Price. The Seller, at its sole discretion, may choose not to reduce the Purchase Price where the Manufacturer (or relevant concessionary) has reduced the Price.
5.4 Where clause 5.2 applies, the Purchaser may cancel the Contract within fourteen (14) days after the date of a notice if the Seller intends to increase the Purchase Price or where the price decreases and the amount by which the Seller intends to reduce the Purchase Price, is less than the amount of the reduction in the Manufacturer's price.
5.5 If the Seller is unable to supply any Accessory (of whatever nature) the Seller may at its option either substitute a reasonable equivalent or delete the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in question.
5.6 The Seller's inability to supply an Accessory shall not constitute a breach of contract nor entitle the Purchaser to terminate the Contract or reject the Vehicle.
6. METHOD OF PAYMENT
6.2 Unless otherwise agreed by the Seller the Purchaser shall pay the Purchase Price by direct transfer of cleared funds to the Seller's bank account (such account details to be notified by the Seller to the Purchaser) or by debit card (transaction fees may apply). At the Seller's discretion, cash (above £7,500 per Contract) and credit card payments are not acceptable unless specifically agreed in writing by the Seller.
6.3 Where the Seller agrees to payment by cheque pursuant to clause 6.1, the Seller will only accept a cheque if the Seller receives the cheque at least five (5) clear Working Days before the Estimated Delivery Date. Payment shall not be deemed to have been made until cleared funds are received at the Seller's bank.
6.4 An agreement to accept payment on credit terms shall be effective only if in writing and signed by the Seller. Any agreed credit period shall commence from the date of delivery of the Vehicle and unless otherwise specified shall be seven (7) days.
6.5 The Seller reserves the right at any time prior to payment to request bankers or any other references as to the Purchaser's financial status. Failing receipt of satisfactory references, the Seller may withdraw any agreement to allow credit and require full payment of the Purchase Price before delivery.
6.6 Interest will be charged to the Purchaser on all amounts remaining outstanding and unpaid after the due date for payment and/or on all sums due by way of damages for breach of the Contract at the rate of % per annum above the base rate of Barclays Bank Plc from time to time in force and shall be calculated and accrue on a day to day basis from the date on which payment fell due until payment in full has been received by the Seller (whether made before or after judgment has been obtained). If no specific date for payment is set out in the Contract and credit terms have not been agreed the due date for payment shall be deemed to be the earlier of the date of delivery of the Vehicle or the date which is seven (7) days after notice from the Seller to the Purchaser that the Vehicle is ready for delivery.
7.2 Notwithstanding delivery, until the Seller has received from the Purchaser payment of all sums payable to the Seller both beneficial and legal title to the Vehicle remain in the Seller.
7.3 Whilst the title in the Vehicle remains in the Seller, the Purchaser:
- (a)shall be in possession of the Vehicle as bailee of the Seller and entitled to use the Vehicle (and `use' includes use in the ordinary course of the Purchaser's business, as notified to the Seller at the time of Order) until the occurrence of the first of the events or dates specified in clause 7.3;
- (b)shall keep the Vehicle safe and in good condition and insure it for its full replacement value against all usual risks and shall forthwith upon receipt account to the Seller for any proceeds of such insurance, without deduction.
- (c)shall not without the Seller's prior written consent use the Vehicle for self-drive hire, hackney carriage or taxi work,
- racing or off-road or any other form of use not reasonably considered as normal domestic use;
- (d)shall not use the Vehicle for any unlawful or potentially unlawful purposes.
- (e) shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the Seller's title to the Vehicle.
- (f) Irrevocably authorises the Seller’s representatives to enter any premises at which the Vehicle is situated for the purposes of inspecting the Vehicle and identifying it as the Seller's property.
7.4 The Purchaser's power of possession and use of the Vehicle shall terminate:
220.127.116.11 on the date on which notice is given by the Seller under clause 7.4; and/or
18.104.22.168 if any of the following happens to the Purchaser:
- (i) being an individual, he is unable to pay his debts within the meaning of Section 268 of the Insolvency Act 1986 or a petition is presented or order made for his bankruptcy or an interim order is made;
- (ii) being a company, it is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or a petition is presented or a resolution proposed or passed for its winding up or dissolution or an application or order is made for the appointment of a liquidator or administrator or an encumbrancer takes possession of or a receiver is appointed over all or any part of its assets or undertaking
- (iii) distress, execution or other process is levied on his undertaking or any part of his assets and is not discharged within seven (7) days;
- (iv) the Purchaser calls a meeting of or proposes or makes any arrangements or composition with all or any creditors;
- (v) any event or process of like nature to those set out in paragraphs 7.3 (b) (i) to (iv) above in any jurisdiction.
7.5 The Seller may by notice to the Purchaser revoke the Purchaser's power of possession and use of the Vehicle: 22.214.171.124 if the Seller has any doubt as to the ability or willingness of the Purchaser to pay to the Seller any sum on the due date; and/or,
126.96.36.199 if the Seller has reason to believe the Purchaser is in breach of the term of this Contract or any other contract with the Seller.
7.6 Upon revocation or termination of the Purchaser's power of possession and use of the Vehicle, the Purchaser shall yield up the Vehicle in good condition to the Seller and (if so required by the Seller) at its own expense deliver the Vehicle to an address in the United Kingdom specified by the Seller and shall be deemed irrevocably to authorise the Seller to enter upon any of its premises with or without vehicles for the purposes of recovering the Vehicle.
7.7 The repossession of the Vehicle by the Seller in accordance with this clause shall be without prejudice to all or any of the Seller's rights or remedies against the Purchaser.
8. FINANCE ARRANGEMENTS
8.2 Notwithstanding the following provisions of this Contract, the Purchaser may, within seven (7) days after receiving notification that the Vehicle is ready for delivery, arrange for a finance company to purchase the Vehicle from the Seller for the Purchase Price upon the same terms (other than the identity of the Purchaser) as this Contract. Upon payment of the Purchase Price the finance company so introduced shall be deemed to be the purchaser of the Vehicle (and all references to the Purchaser shall be construed accordingly) and the Seller will deliver the Vehicle to the order of such finance company (and all references to delivery of the Vehicle shall be construed accordingly, delivery to the Purchaser first named in the Order being deemed to be effective delivery on the order of the finance company).
8.3 If the Purchaser introduces the sale of the Vehicle to a finance company, as specified in clause 8.1, the provisions of this Contract as regards the Purchaser originally named in the Order shall then cease to have effect with the exception of the terms relating to the Part Exchange Vehicle (if any) which shall continue to have an effect, with one variation; the Seller shall, on behalf of the Purchaser, account for the Allowance and any deposit paid under this Contract to the order of such finance company. The finance company shall thus be substituted as the Purchaser of the Vehicle hereunder.
8.4 The purchase of the Vehicle by the finance company at the request of the Purchaser shall not release the Purchaser from its obligations under clauses 10 and 12 to inspect the Vehicle and satisfy itself that the Vehicle is suitable for the Purchaser's purposes.
9. PART EXCHANGE VEHICLE
9.2 The provisions of this clause 9 shall apply if the Purchaser has proffered a Part Exchange Vehicle. Where the Seller agrees to allow part of the Purchase Price to be discharged by the Purchaser's delivering to the Seller the Part Exchange Vehicle the Allowance is offered and received and the Part Exchange Vehicle is delivered and accepted as part of the Contract (and not as a separate contract between the Purchaser and the Seller) on the terms set out in clauses 9.2 to 188.8.131.52
9.3 The Purchaser passes to the Seller good title to the Part Exchange Vehicle either:
184.108.40.206 free from Encumbrances; or
220.127.116.11 if all the Encumbrances on the Part Exchange Vehicle are capable of cash settlement by payment of an amount not exceeding the Allowance. Instead of applying the whole of the Allowance towards payment of the Purchase Price, the Seller will apply the Allowance or part of it as applicable towards the settlement of any obligations to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement, payment to any such interested third parties to be made after the Seller has received the Part Exchange Vehicle and made delivery of the Vehicle to the Purchaser.
9.4 The Seller has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place and the terms of the Part Exchange Vehicle as delivered to the Seller before or at the time of delivery of the Vehicle to the Purchaser is substantially the same as that existing at the time of the Sellers most recent examination (fair wear and tear excepted).
9.5 Risk in and title to the Part Exchange Vehicle shall pass to the Seller on delivery.
9.6 Without prejudice to Claus 9.3 the Purchaser shall deliver the Part Exchange Vehicle to the Seller within seven (7) days of notice to the Purchaser that the Vehicle is ready for collection.
9.7 If Completion takes place on a date which is more than thirty (30) days after the date of the Order, except when the delay is a direct result of the Seller's act or default, the Seller reserves the right to reduce the Allowance by an amount equal to 2.5% of the valuation for each completed period of thirty (30) days between the date of the Order and Completion.
9.8 If clauses 9.2 to 9.5 are not fulfilled, the Seller shall be discharged from any obligation to purchase the Part Exchange Vehicle or to make the Allowance and the Purchaser shall discharge the Purchase Price in full in accordance with clause 6.
10. USED VEHICLES
10.2 If the Vehicle is a used vehicle, the Vehicle is sold:
10.2.1.1 subject to any defects which the Seller has drawn to the Purchaser's attention prior to the Purchaser placing the Order; and
10.2.1.2 subject to any defects which the Purchaser discovered or ought to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Purchaser has carried out such examination) and in that regard the Purchaser acknowledges that the Purchaser has been afforded the opportunity to examine the Vehicle
11. WARRANTY AND PRODUCER DETAILS
11.2 If it is a new vehicle, the Vehicle is sold with the benefit of the Manufacturer's warranty, the terms of which are specified in the service record and warranty booklet or other similar documentation issued from time to time by the Manufacturer, copies of which are available for inspection at the Seller's premises. The benefit of such warranty is in addition to any implied statutory warranty on the part of the Seller.
11.3 Unless otherwise specified by notice to the Purchaser, the producer of the Vehicle (for the purposes of section 2 of the Consumer Protection Act 1987) is the Manufacturer.
11.4 The warranties contained in this Clause are in addition to any legal rights implied in favour of a purchase of goods and/or services.
12. LIMITS OF LIABILITY
12.2 The Vehicle is sold strictly on the condition that the Purchaser has inspected the Vehicle and is satisfied of the Vehicles suitability, and satisfactory quality, for the Purchaser's purposes. The Purchaser acknowledges that specifications and details in any catalogue, promotional material, and forecasts of performance, are approximate only, and any such representations do not form part of this Contract and the Seller shall be under no liability nor shall the Purchaser be entitled to any remedy under the provisions of the Misrepresentation Act 1967 in respect of these representations.
12.3 The Seller's total liability for the aggregate claims of the Purchaser arising out of any act or default or any connected act or default of the Seller (whether due to the Seller's negligence or otherwise) shall not exceed the Purchase Price.
12.4 Nothing in this Contract shall be construed as limiting or excluding any liability of the Seller which may not be limited or excluded by law.
13.2. Without prejudice to any of its other rights and remedies the Seller shall be entitled (without penalty) to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Purchaser terminate the Contract at any time:
18.104.22.168.1 following the occurrence of any of the events specified in clause 7.3; and/or
22.214.171.124.2 if the Seller reasonably believes that the Purchaser is in breach in whole or in part of any warranty and/or representation made to the Seller including but not limited to that confirming that the Purchaser does not intend to resell the Vehicle for commercial purposes.
14. FORCE MAJEURE
14.2. The Seller shall not be liable to the Purchaser if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract. The Seller shall notify the Purchaser of any relevant force majeure event as soon as practicable. Failure to deliver the Vehicle, within  months of the Estimated Delivery Date, by reason of any of the aforementioned events shall entitle the Purchaser to cancel the Contract and the provisions of clause 3.1 shall apply.
15. NOTICES AND GENERAL PROVISIONS
15.2. No waiver of any of the Seller's rights under the Contract shall be effective unless in writing signed by the Seller. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Seller's rights in relation to different circumstances or the recurrence of similar circumstances.
15.3 Any notice under these terms shall be properly given if in writing and sent by first class post or facsimile to the address of the intended recipient as stated in the Contract or to such address as one party may from time to time notify to the other as their respective addresses for service and shall be deemed served, and in the case of a postal notice on the expiry of 48 hours from the time of posting, and in the case of facsimile upon completion of the transmission by the sender.
15.4 Each of these terms and conditions and each paragraph hereof shall be construed as separate conditions; should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Seller's liability then such provision shall apply with such modification as may be necessary to make it valid and effective.
15.5 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
15.6 The construction and operation of this Contract shall be governed by English law and the Purchaser agrees to be bound by the non-exclusive jurisdiction of the English courts.
Distance contract and off-premises contract Cancellation terms and conditions.
The following terms can be inserted into your standard terms and conditions in order to ensure they comply with the above regulations.
Please note that these are provided as an example only and will so need to be tailored to your particular situation in order to provide full protection.
- If this Agreement has been conducted without any face-to-face contact between the Dealer and the Customer, or anyone acting on their respective behaves, the Customer may give the notice to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or the last good where you order multiple goods at the same time.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g a letter sent by post, fax or email) to our address details above. You may use the attached model cancellation form should you wish.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If you cancel this contract, we will reimburse to you all payments from you, including the costs of delivery (except the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
- We will make the reimbursement without undue delay, and not later than-
- 14 days after the day on which the we receive the goods back, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you have used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement we may withhold reimbursement until we have received the goods back or you have sent evidence of having sent back the goods, whichever is the earliest.
- You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered until when they are returned to us. You are liable for any diminished value of the goods resulting from the handling other than that what is necessary to establish the nature, characteristics and functioning of the goods
- If you requested to begin the performance of any services during the cancellation period, you shall pay us an amount which is in proportion to what had been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract
8. You shall send back the goods or hand them over to your selected Dealership, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
9. You will bear the cost of returning the goods.
16.14 Day Money-Back Guarantee
This applies to all vehicles ordered and delivered from 5th January 2021 that are delivered via home delivery or via 'click and collect at a dealership without the customer has had the opportunity to test drive it.
Customers in this position can return the car to the dealership within 14 days from the delivery/collection date and receive a full refund (and cancellation of any finance arranged through us) providing the vehicle is returned in the same condition with all keys, manuals etc and with no more than 20 miles usage.
The customer will be responsible for arranging a return to the dealership and for any costs of doing so. If the V5 has not yet been received by the customer and cannot be returned with the car, a sum of £250 shall be retained from the refund until such time as the original V5 is provided, or the dealership is able to submit the registered keeper change online.
Any part-exchange vehicles will be paid at the agreed valuation unless a return of the part-exchange vehicle is agreed. Any return of the part-exchange vehicle would be without any liability for the condition of the part exchange. Excludes commercial vehicles.
- For goods purchased at a distance, the 14-day cooling period starts from the date you take ownership of the goods. You can cancel the goods at any time from the moment you place your order and up to 14 days from the date they arrived.
Terms and Conditions for Aftersales Service
Definitions and Interpretation
1.1 In these terms unless the context shall require otherwise.
Company: means All Electric Garages Group Plc (Company Number 896825) and/ or any of its subsidiaries as detailed
overleaf and its successors and assigns;
- Completion: in the case of a Contract for Work, the date of the Company’s notice to the Customer that Work has been completed or in the case of a Contract for the supply of Goods, the date those Goods are supplied;
- Contract: means the contract between the Company and the Customer for the sale and/or supply of Works and/or Goods;
- Customer: means the person or entity (incorporated or otherwise) at whose request the Work is to be performed or Goods supplied;
- Estimate: means an estimate in writing given by the Company to the Customer being a considered approximation of the likely price;
- Genuine Parts: means vehicle parts manufactured by or for the Manufacturer;
- Goods: means any goods or replacements to be supplied by the Company under the Contract whether or not supplied in conjunction with Work;
- Manufacturer: means, in respect of a Vehicle, the manufacturer of the Vehicle;
- Order: means the instructions written or otherwise received by the Company from the Customer for Work to be done or Goods to be supplied;
- Price: means the price of the Goods and/or the charge for the Work payable by the Customer to the Company;
- Vehicle: means a vehicle delivered to the Company as bailee upon which the Customer has requested the Company to carry out Work or provide an Estimate for Work;
- Work: means any works to be performed on a Vehicle at the Customer’s request whether by way of repairs, servicing, fitting, modification or otherwise; and
- Working Day: means all days other than Saturdays, Sundays and public holidays.
- 1.2 These terms constitute the entire agreement between the Parties with respect to the Contract and no amendment or addition thereto shall be effective unless agreed in writing by the Company. These terms may not be varied without the express consent in writing of the Company. Any variations so agreed shall not constitute a new contract but shall be deemed to be an amendment of this Contract.
1.3 Headings are for convenience only and shall not affect the construction of these terms. The masculine shall include all genders and the singular shall include the plural. Any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
1.4 Any typographical, clerical or other error or omission in any Estimate, Order, acknowledgement of Order, invoice or other document issued by the Company shall be subject to correction without liability on the part of the Company.
2. Formation of Contract
2.1 The Customer’s request to the Company to carry out Work or supply Goods are an offer to enter into a contract upon these terms. Acceptance takes place and the Contract is formed upon the first of the following to occur:
- (a)the Company accepting the Customer’s duly signed authority to the Company to proceed with Work; or
- (b)the Company accepting delivery of the Vehicle at its premises; or
- (c)©the Company commencing the Work or fulfilling the Order; or
- (d) the Company issuing to the Customer an acknowledgement of the Order signed and dated by an authorised representative of the Company.
- 2.2 The Contract is personal to the Customer and the Customer shall not assign the benefit of the Contract without the prior written consent of the Company.
2.3 Nothing in these terms shall affect the Customer’s legal rights as they may be from time to time.
3. Customer’s Insurer
3.1 In the event the Company carries out Work, and/or supplies Goods on the authority of the Customer’s insurer, the Customer’s insurer will be deemed to be the Customer and all references to the Customer will be construed accordingly save that this provision will not relieve the Customer from liability to pay the Company any amount due for the Work and/or Goods which is not recovered or recoverable by the Company from the Customer’s insurer.
4.1 Estimates do not constitute an offer by the Company and are valid for seven (7) days from the date stated thereon unless otherwise agreed in writing by the Company.
4.2 If the Customer delivers the Vehicle to the Company for the purposes of an Estimate being prepared and does not either give instructions for the carrying out of the Work or collect the Vehicle within seven (7) days from the date of the Estimate, the Company shall be entitled either to store the Vehicle itself or have it stored by third parties (as the Company may in its absolute discretion think fit) and to charge the cost of such storage for the period from the 8th day after the date of the Estimate until the Customer collects the Vehicle having paid to the Company storage costs. The Customer shall be deemed to have given instructions to the Company for the storage of the Vehicle for such period and the Company shall be constituted a bailee for reward and obtain a lien against the Vehicle for its reasonable storage charges during such a period.
4.3 Unless otherwise agreed in writing by the Company if, during the progress of the Work, it appears that the Estimate will be exceeded by a significant amount, the Company will cease performing Work and notify the Customer of the anticipated costs and will not resume performance of Work until it has received the Customer’s express permission (which need not be in writing) to do so.
5. Prices and Charges
5.1Prices stated in any Estimate or communicated to the Customer are based on the prices current at the date of the Estimate or communication.
5.2 The Company reserves the right to vary the Price by any amount attributable to a change in the Customer's instructions or any variation in cost to the Company for goods, materials, and/or labour required for the performance of the Contract (including taxes or any other costs whatsoever) between the date of the Estimate and the date of Completion or payment (whichever is the later).
Dates and times given for completion of Work and/or delivery of Goods are estimates only. In relation to this Clause, 6 only time is not of the essence. The Company will use reasonable endeavours to perform Work or supply Goods within the time specified (if any) to the Customer. Where a date and/or time for completion is not provided, the Company shall endeavour to carry out the Works and/or deliver the Goods within a reasonable time. Subject to Clause 11 the Customer shall not be entitled to reject Work and/or Goods completed or delivered later than the estimated date. The Company may suspend or delay delivery and shall not be liable for any loss or damage or delay occasioned by failure to deliver Goods and/or complete Work on the estimated delivery date or time.
7. Completion and payment
7.1 Unless otherwise expressly agreed in writing by the Company:
- (a) delivery of Goods shall be at the Company’s premises stated overleaf;
- (b) payment of the Price shall be in cash or by debit card on delivery. Payment by credit card will not be accepted unless by the prior express agreement of the Company. The Company reserves the right to vary the Price, as a condition of accepting payment by credit card. The Customer will pay as part of the Price any additional amount reasonably specified by the Company should the Company in its absolute discretion agree to accept payment by credit card.
- 7.2 The Company shall notify the Customer when Goods on order from a supplier are ready for collection. If the Customer fails to pay for and take delivery of such Goods within seven (7) days of such notice, the Company shall (without prejudice to its other rights and remedies under the Contract) be entitled to treat the Contract as repudiated and to sell the Goods.
7.3 Goods ordered from stock shall be delivered upon payment of the Price.
7.4 Upon Completion of Work the Company shall advise the Customer that the Vehicle is ready for collection and the Customer shall be obliged to pay for Work and/or Goods supplied and collect the Vehicle. The Customer will pay the Company for all Work done and Goods supplied and any storage charges and all other amounts payable to the Company under these terms before the Vehicle may be removed from the Company’s premises.
7.5 If for any reason Work requested by the Customer is not carried out in full, the Company will charge a reasonable amount for any Work done and the then-current Price for any Goods supplied.
7.6 If the Customer fails to pay the Price and/or collect the Vehicle within seven (7) days after Completion the Company shall be entitled to store the Vehicle or to have it stored by third parties (as the Company in its absolute discretion may think fit) and to charge the Customer the cost of such storage for the period from the eighth day after Completion until the Vehicle is either collected by the Customer or sold pursuant to clause Such storage charges shall be added to and form part of the Price. The Customer shall be deemed to have given instructions to the Company for the storage of the Vehicle for such period and the Company shall be constituted a bailee for reward and obtain a lien against the Vehicle for its reasonable storage charges during such period.
7.7 If the Customer is in breach of any obligation hereunder to take delivery of the Vehicle, the Company may serve on the Customer notice pursuant to the Sale of Goods Act 1979 of its intention to sell the Vehicle upon the expiry of three months from the date of such notice. If the Customer shall fail within the such period to pay all monies due to the Company and take delivery of the Vehicle, the Company may sell the Vehicle. Upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after the deduction of all monies due to the Company inclusive of any interest and overdue amounts and all costs of sale.
7.8 Interest will be charged on all sums due under or by way of damages for breach of Contract at the rate of [2%] per annum above the base rate of [Barclays Bank Plc] from time to time in force. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer must pay the Company interest together with any overdue amount.
7.9 The Company may at any time at its absolute discretion appropriate any payment by the Customer to such outstanding debt as the Company thinks fit notwithstanding any purported appropriation to the contrary by the Customer.
7.10 The Company reserves the right at any time to set off any sum payable by the Company under this or any other contract between the Company and the Customer and any sum payable by the Customer to the Company under this Contract.
7.11 The Company reserves the right at any time at its absolute discretion to demand security for payment, or a payment on account before continuing the performance of an Order.
7.12 VAT will be charged on the Price at the rate ruling at the time of delivery of the Goods or completion or (if different) the basic tax point (as defined in regulations governing VAT from time to time in force).
7.13 The Company reserves the right to demand a payment to cover the Company’s administrative expenses of recovery (up to but not including the issue of proceedings). Such charge shall be added to and form part of the Price if the Customer does not make payment in full for the Goods or Work on or before the due date.
8. Risk and Retention of Title
8.1 Unless otherwise specifically agreed in writing ‘delivery’ means the Company making the Goods available at the Company’s premises for collection by the Customer. Goods are at risk of the Customer as soon as they are delivered by the Company to the Customer.
8.2 Until the Company has received payment in full of all sums owed to it on any account by the Customer, whether arising out of this Contract or any other contract, legal and beneficial title to the Goods shall remain in the Company (such Goods being referred to as Retained Goods).
8.3 The Customer may use Retained Goods and acknowledges that it shall be in possession of Retained Goods as bailee for the Company.
8.4 The Customer will store Retained Goods separately from its own Goods or those of any other entity, keep them safe, in good condition and clearly identifiable as the Company’s property with all identifying marks intact and legible.
8.5 The Customer irrevocably authorises the Company to enter upon its premises for the purposes of inspecting Retained Goods and identifying them as the Company’s property.
8.6 The Customer’s power of possession and use of Retained Goods shall terminate:
- (a) forthwith on notice from the Company if the Company has reasonable doubts as to the ability or willingness of the Customer to pay any sum to it on the due date; and
- (b) automatically upon the occurrence of any of the following events:
- (i) if the Customer becomes insolvent or commits any act of bankruptcy or causes a meeting of or makes any arrangement or composition with all or any part if its creditors.
- (ii) if there is presented a petition for the winding up of the Customer or for the appointment of an administrator or receiver of the whole or any part of the assets or undertaking of the Customer.
- (iii) if there is appointed an administrator or receiver of the whole or any part of the assets or undertaking of the Customer.
- (iv) if a resolution is passed or an order for the winding up of the Customer is made (otherwise than for the purposes of a bona fide reconstruction or amalgamation of a solvent company); or any event or process of like nature to those set out in paragraphs (i) to (iv) above In any jurisdiction.
- 8.7 Upon suspension, revocation or determination of the power of possession and use of Retained Goods under this Clause the Customer shall place all the Retained Goods in its possession or under its, control at the Company’s disposal and shall be deemed irrevocably to authorise the Company to enter upon any of its premises with or without vehicles for the purpose of removing such Goods.
8.8 The repossession of Retained Goods by the Company in accordance with this clause shall be without prejudice to all or any of the Company’s other rights or remedies against the Customer.
9. Loss or Damage
9.1 The Company is only responsible for loss of or damage to any Vehicle or its accessories caused by the negligence of the Company or its employees.
9.2 The Company does not exclude or limit its liability for fraud, breach of law or for death or personal injury arising from its negligence or any liability to the extent the same may not be excluded or limited as a matter of law.
9.3 Subject to clause 9.2 above, the Company’s liability, arising whether directly or indirectly in connection with this Contract or the performance or nonperformance of the Company’s obligations hereunder and whether in contract, tort (including negligence) or for any other reason whatsoever shall not exceed Price in respect of any one event or series of connected events.
9.4 The Company shall not have any liability under this Contract, howsoever arising for loss of profits (direct or indirect), loss of opportunity, or any consequential, indirect or economic loss.
9.5 The parties agree that the Customer will remove from the Vehicle any content not affixed to the Vehicle. Notwithstanding the foregoing, the Company will not be liable for the loss or damage to any such content.
10. Replacement Parts
10.1 Unless the parties agree otherwise, any Goods and/or parts so replaced shall become the property of the Company to dispose of as it deems fit.
11.1 If the Customer is acting as a consumer (meaning an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession) in a distance contract (as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and the Contract:
- (a) is solely for the sale of Goods; or
- (b) is for the supply of Work and such Work commences more than fourteen (14) days after the date of the Contract being concluded.
- The Customer may cancel the Contract:
- (i) if it is a Contract falling within Clause 11.1(a) up to fourteen (14) days after delivery, of the Goods; and,
- (ii) if it is a Contract falling within Clause 11.1(b) up to fourteen (14) days after the date of the Contract being concluded by sending written notice of cancellation to the Company.
- 11.2 In the event the Customer is acting as a consumer in a distance contract as detailed In Condition 11.1 concerning the supply of Work, and the Company commences such Work within fourteen (14) days of the date of the Contract being concluded, the Customer will not have the right to cancel.
11.3 In the event the Contract is cancelled in accordance with Clause 11.1 (i) the Customer is under a duty to retain possession of, take good care of and following cancellation restore to the Company the Goods in a reasonable condition. The Customer will pay to the Company forthwith upon request any reasonable costs incurred by the Company in recovering the Goods.
If the Customer cancels the Contract in accordance with this Clause 11 and the Company has received the Price from the Customer, the Company will within the end of fourteen (14) days of the later of:
- (a) the date of receipt by the Company of the notice of cancellation; or
- (b) where applicable, the date on which the Company receives the Goods back, or if earlier, the day on which the Customer supplies evidence of having sent the Goods back, reimburse the Customer for a sum equal to the Price or part thereof received minus a sum equal to the amount referred to in this Clause 11.3.
- 11.4 Subject to Clause 11 no Order which has been accepted by the Company may be cancelled by the Customer except with the consent of the Company and on terms that the Customer indemnifies the Company in full against all reasonable loss (including, without limitation, loss of profits), costs, damages, charges and/or expenses incurred by the Company as a result of cancellation.
12 Returned Goods
12.1 Subject to Clause 11, the Company may (in its absolute discretion) agree to rescind the Contract to the extent that it is for the supply of Goods and accept the return of Goods upon the following conditions:
- (a) the Goods were not specially ordered from the manufacturer or supplier for the Customer;
- (b) the Customer returns the Goods in good condition within five (5) Working Days after delivery;
- (c) the Customer produces the original invoice for the Goods; and
- (d) the Customer pays the Company’s current handling charges for returned Goods.
- 13. Sub-Contracting
13.1 The Company shall be entitled to appoint sub-contractors for the performance of its obligations under the Contract.
14 Health and Safety
14.1 Upon delivery of a Vehicle to the Company the Customer shall immediately inform the Company of any circumstances or matters known to him which render the Vehicle unsafe or in a hazardous condition.
14.2 For the purposes of section 2 of the Consumer Protection Act 1987, the producer of Genuine Parts is the Manufacturer, whose address is available from the Company on request.
14.3 The instructions for use, cautionary notices and other technical notices supplied to the Customer with the Goods have been prepared by the relevant manufacturer of the Goods. The Customer should read such notices carefully. The Company shall not be liable for any loss or damage suffered by the Customer through the Customer’s failure to read and comply with instructions specified in such notices.
15.1 The Company assigns to the Customer the benefit of the applicable Manufacturer’s warranty (if any) for Goods supplied and/or fitted to the Vehicle.
15.2 No warranty will apply if and to the extent that a defect is caused or worsened by any of the following:
- (a) the Customer’s failure to inform the Company of the defect or to have the defect examined by the Company and a failure to give the Company the opportunity to remedy it;
- (b) if the Vehicle has been subject to misuse, negligence or accident or used on a road other than on a public road or for racing, rallying, pace making, similar sports and/or any other type of use not normally considered as normal domestic use;
- (c) the installation of a part into Goods, the use of which has not been approved by the Manufacturer or the alteration of Goods in a manner not approved by the Manufacturer;
- (d) non-adherence to instructions concerning the treatment, maintenance and care of the Goods or a failure to have the Vehicle serviced in accordance with the relevant Manufactures recommendations; or
- (e) the repair or maintenance of the Goods by a person other than a retail dealer in the Manufacture’s vehicles or a person authorised by the Manufacturer.
- 15.3 The Company warrants Work will be free from defects for a period of three (3) months from Completion or until the Vehicle has covered 3,000 miles following Completion (whichever occurs sooner) (the “Warranty Period”).
15.4 If the Work includes painting, then:
- (a) If the metal to be painted is rusted, whilst every reasonable precaution will be taken to prevent rust from penetrating the paint after Completion no warranty can be given in this respect and accordingly the Company shall not be liable for rust-affected paintwork appearing after Completion:
- (b) No warranty can be given that the new paintwork will match the existing paintwork exactly.
- 15.5 If within the Warranty Period material defects in the Work and/or Goods are discovered and:
- (a) the Customer notifies the Company within fourteen (14) days after discovery giving particulars and returns the Vehicle to the Company’s premises to allow an inspection to be carried out; and
- (b) such defect has arisen from use of faulty materials, workmanship carried out and/or Goods supplied by the Company, then the Company shall remedy the defect and, if necessary, supply replacement Goods and/or parts. Any Goods and/or parts so replaced shall become the property of the Company to dispose of as it deems fit.
15.6 The Company’s liability for defective Work and/or Goods is limited in all circumstances to remedying the Work and/or, Goods and supplying (where necessary) replacement parts and/or Goods. Completion of such remedial Work and/or supplying of replacement parts and/or Goods shall constitute fulfilment of the Company’s obligations under the Contract.
15.7 Without prejudice to Clause 15.2, the Company’s liability under this Clause applies only to defects appearing whilst the Vehicle has been used and driven in a proper manner and serviced in accordance with the Manufacturer’s recommendations and (but without limitation) the Company shall not be liable in the case of defects arising out of normal deterioration, failure to follow the Manufacturer’s instructions or improper or faulty handling of the Vehicle.
15.8 The warranties contained in this Clause are in addition to any legal rights implied in favour of a purchase of goods and/or services. The Company shall use reasonable care and skill in carrying out the Works. Where the Company does not exercise reasonable care and skill, the Customer may request the Company repeat or repair the Works to that standard.
15.9 Nothing in these terms shall be construed as limiting or excluding the Company’s liability under the Consumer Rights Act 2015 or for death or personal injury resulting from its negligence (as defined in section 1 of the Unfair Contract Terms Act 1977).
16 Force Majeure
16.1 The Company shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control or owing to any, inability to procure parts or material, required for the performance of the Contract.
16.2 The Company shall notify the Customer as soon as reasonably practicable after any circumstance preventing performance arises. During the continuance of such an event, the Company may, within its absolute discretion, withhold, reduce or suspend the performance of its contractual obligations so far as prevented or hindered by such contingency without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by reason of any withholding, reduction or suspension.
16.3 Should such event continue for more than one month either party may cancel the Contract and, subject to payment for any Goods supplied and/or Work done pursuant to the Contract, the Customer may collect the Vehicle and the parties’ respective obligations under the Contract shall be deemed to be discharged in so far as they are unable to discharge the same due to the force majeure event.
17.1 No waiver of any of the Company’s rights under the Contract shall be effective unless in writing signed by the Company. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Company’s rights in relation to different circumstances or the recurrence of similar circumstances. For the avoidance of doubt, silence or delay by the Company in asserting a right shall not be construed as a waiver.
17.2 Any notice under this Contract shall be properly given if in writing and sent by first class post or facsimile to the address of the intended recipient as stated in the Contract or to such address as one party shall from time to time communicate to the other as their respective addresses for service and shall be deemed served, in the case of postal notice, on the expiry of forty-eight (48) hours from the time of posting and in the case of facsimile, on completion of transmission by the sender.
17.3 A person who Is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
17.4 The construction and operation of this Contract shall be governed by English Law. The parties agree to submit to the non-exclusive jurisdiction of the English courts.