Terms and Conditions of Business: MotorAid Ltd
The contents of this document do not in anyway affect the statutory rights of a consumer
“The Company” – Us, We, Our -“The Customer” – You -“The Work” – relates to the repair, servicing or other work as described on the invoice or estimate
“The Vehicle” – the vehicle identified on the invoice or estimate – “The Goods” – the supply of parts or goods or other things supplied by the Company, whether or not in conjunction with the Work
2.1These terms and conditions, together with the details set out in the invoice or estimate, are intended to contain all the terms of the agreement between us and you relating to work stated on the invoice or estimate, to the vehicle and/or the supply of goods. If you wish to rely on any amendment or addition you should ensure it confirmed in writing by one of our duly authorised representatives.
2.2 If we agree to any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new Agreement
2.3 This Agreement is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance4 with English law.
2.4 You confirm that you own the vehicle or are duly authorised by the owner to enter into this Agreement for the Work to be done on these terms.
3.1 An estimate is our considered approximation of the likely cost of the Work and/or Goods and is valid for 14 days from when we send it to you.
3.2 Any estimate is based on the published price for the goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequential increase in the estimate. If the increase will be more than ten percent of the total estimate, you may give notice within fourteen days cancelling this agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
3.3 Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten percent of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
3.4 If you have left the Vehicle with us for an estimate but have not as accepted the estimate, or have refused it but have failed to collect the Vehicle within fourteen days of the date of the estimate or, (if later) the date of cancellation, we may charge you at our rates in force at the that time, for the storage of the Vehicle from the end of that period.
3.5 All estimates are exclusive of Value Added Tax.
4.0 Completion of Work and Payment
4.1 We will always endeavour to do Work and/or supply Goods within any time estimate we have given you, however we will not be liable for delays due to any cause outside our control.
4.2 We shall be entitled to sub-contract all or any part of the work, but will be responsible for the quality of the sub-contractors’ work.
4.3 Where for any reason Work is not carried out in full, we will charge you only for Goods actually supplied or fitted and a reasonable amount for any Work actually done.
4.4 On completion of the Work, we will notify you that the Vehicle and/or Goods are ready for collection, whereby, (unless you have an agreed credit account with us, in which you must comply with the terms agreed in relation to such account), you must pay for the Work and/or Goods upon collection.
4.5 All payments must be made in cash, a UK credit/debit card, or Business cheque, (unless we have agreed to accept a personal cheque, in which case the cheque must be drawn on a UK clearing bank), all cheques over £250 will be subject to clearance checks being made on the account. We do not accept cash over £7500 per transaction.
4.6 We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods (and storage charges if applicable) in full.
4.61 We are will implement a daily storage fee for any vehicle left in our care for a period greater than 14 days when work/repairs are not authorised or carried out.
4.7 If you fail to pay the full amount due and to collect the Vehicle and/or Goods:
4.71 Within seven days of being notified that the Work is complete and/or that the Goods are ready for collection, we may charge you, at our rates in force at that time for the storage of the Vehicle from the end of that period;
4.72 Within three months of being notified that the Work is complete and/or that the Goods are ready for collection, we may (after giving you seven 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 notice expires) sell the Vehicle and /or Goods, deduct the amount owing to us (including statutory interest, storage charges and cost of sale) and pay the balance to you.
4.8 Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to you at our premises when you collect them.
4.9 We will retain all parts replaced during any Work done, only if requested by you prior to commencement of the Work to be done, except for any parts to be returned under warranty or service exchange arrangements, will be free to dispose of them as we see fit.
4.10 You will be liable for the cost of Goods, ordered specifically for your vehicle and with your agreement, which are not returnable or transferable to another vehicle.
5.0 Transfer of Ownership and Risk
5.1 The Goods will continue to belong to us until you have paid for them in full. You will, however, be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared through the banking system.
6.0 Loss of Damage and Liability
6.1 We will carry out all Work with reasonable care and skill, and warrant it will remain free of defect in workmanship for a period of three months or three thousand miles, (new supplied Goods – twelve months or fifteen thousand miles warranty), whichever occurs sooner, from the date the Work is completed. Exclusions to this warranty are;
6.11 If the Vehicle is involved in an accident resulting in consequential damage
6.12 If a defect is caused or worsened by you or another agent appointed by you
6.13 If you fail to promptly notify us of the fault and/or give us reasonable opportunity to mitigate our liability, examine the Vehicle and rectify any fault relating to the Work carried out and/or Goods supplied.
6.14 If the defect is due to misuse of the Vehicle, or using or permitting the Vehicle to be used for racing, rallying or similar sports.
6.15 Failing to comply with instructions from the manufacturer or from us regarding the treatment, maintenance and care of the Vehicle and/or Goods including servicing schedules.
6.16 If the Vehicle and/or Goods have been altered or modified in any manner not approved by the manufacturer or us
6.2 If the Work includes painting then, if the metal to be painted is rusted, we will take all reasonable precautions to prevent rust penetrating the paint after completion of the Work, but cannot guarantee this will not happen or that the new paintwork will match the existing paintwork exactly.
6.3 Except where you are acting as a consumer and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this agreement to the amount you have paid for the Work and/or Goods and expressly exclude liability for loss of profit, goodwill or contracts and for any indirect, consequent economic loss.
6.4 We will not accept liability for any loss or damage to any items of value, left in but not related to the Vehicle, which is not caused by our own negligence.
7.0 Returned Goods
7.1 We will accept the return of Goods which You did not order specifically, provided that you return them; in the same condition as supplied, within five working days of delivery, produce our original invoice and pay the handling charge, (rate current at time of return), for returned Goods.
7.2 You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to you until returned to us.
7.3 Save as above, we will not accept the return of Goods which are not defective.
8.0 Notices 8.1 Any notice given under this Agreement must be in writing and sent by post to the address of the person to whom it concerns and shall be deemed to have been received in due course of post.