Terms & Conditions

2.1 You may request a booking for any Work (subject to Our confirming the booking) by telephone internet, or in person;

2.2 When You request a booking, You must give Us the following information:

2.2.1 Customer contact details;

2.2.2 Preferred date;

2.2.3 Nature of work required;

2.2.4 Make, model and age of vehicle;

2.2.5 Any warranties covering the vehicle;

2.3 We will prepare and submit an Estimate to You based on the details You provide;

2.4 If You agree the Estimate, We will then prepare and submit a Quotation to You;

2.5 If You accept the Quotation, We shall then confirm the booking to You and We shall use Our reasonable endeavours to ensure that the date We agree for the Work to be carried out is as close as possible to that which You originally requested. Only if and when We give You that confirmation will there be binding contract between You and Us for the Work;

2.6 You may accept an Estimate or Quotation by email, telephone or first class post;

2.7 You confirm that, in connection with your request(s) for any Services, You are and will be a “Consumer” as defined in Clause 1 above.

3.1 If We require a deposit or similar prepayment, We shall state it clearly in the Quotation and You must pay it within 7 days;

3.2 From the point at which Work on the Vehicle commences up until the point at which You have paid in full all sums due, We shall have a general lien on Your Vehicle (i.e. a right to possession of property until payment is made for work done to that property) for all sums due;

3.3 Following Our completion of the Work, We shall issue an invoice to You;

3.4 The invoice will provide a comprehensive summary of all of the Work done and will provide full details of all parts and labour including the Price payable for it and the VAT payable on it;

3.5 The invoice will also show the mileage of the Vehicle and will refer to the warranty set out in Clause 9;

3.6 All sums due will be payable immediately on the date of the relevant invoice;

3.7 You may make payment by credit or debit card or cash ;

3.8 In addition to our rights under sub-Clause 3.2, We shall have the right to sell the Vehicle at Your expense if any sum due remains unpaid following Our written notice to You of 30 days. That notice period will begin no earlier than 30 days after the date of the relevant invoice;

3.9 From the due date of payment until We take the action set out in sub-Clause 3.8, any outstanding sum will incur interest on a daily basis at 1%% above the base rate of Lloyds Bank from time to time until You make payment in full.

4.1 If the Work to be carried out on the Vehicle is the subject of an insurance claim, You (or the policyholder if he/she is not the same person) must sign any documents required by the insurer to be signed to authorise payment to Us for the Work;

4.2 We shall not be responsible for any delay in completing the Work and / or returning the Vehicle to You where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.

5.1 We shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock to enable Us to carry out the Work when it is booked to be carried out but We will tell You if, due to non-availability of parts or a delay in their delivery, We are unable to begin the Work on the date We have arranged with You and to complete it within the total amount of the time referred to in sub-Clause 5.5;

5.2 If We cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, then when We tell You that (as set out in sub-Clause 5.1), You may either make arrangements with Us for a re-booking or You may exercise Your right to cancel as set out in Clause 11;

5.3 We shall agree with You before We begin the Work on all parts that We are going to use (except for those additional parts referred to in sub-Clause 5.6);

5.4 We shall only use parts for the Work that are new and either Manufacturer’s original parts or those produced by a third party and authorised by the Manufacturer. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first explicitly consent;

5.5 We will tell You before We begin the Work the amount of time We initially estimate that We will need to carry out the Work subject to any additional time needed under sub-Clause 5.6. We shall tell You promptly on discovering a need for such additional time and the reasons for needing it;

5.6 If We find during the course of the Work that We need to use additional parts and / or labour, We will only order additional parts or carry out additional Work if You first explicitly consent. For that purpose We will tell You immediately and give You an estimate for both the cost to You of additional parts and labour and also an estimate of the amount of additional time We need to carry out the additional Work;

5.7 We will allow You an appropriate reduction in the Price to the extent that the time We take to carry out all of the Work:

5.7.1 exceeds the total of the time We initially estimated under sub-Clause 5.5 and the additional time We estimated under sub-Clause 5.6; and but a reduction will only apply to any part of delay in the completion of the Work due to a cause within Our reasonable control;

5.7.2 exceeds what is a reasonable time in all of the circumstances;

5.8 If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the Garage if You will dispose of them in an environmentally responsible manner. If You do not wish to inspect and / or remove the parts, We shall dispose of them after You collect Your Vehicle; and

5.9 We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it but We nevertheless advise You to remove all possessions from the Vehicle before We begin the Work.

6.1 If Our compliance with sub-Clause 6.1 causes Us additional cost, We will tell You of alternatives and will explain to You in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not We will follow any such alternative shall be Your decision alone;

6.2 Before We begin any of the Work covered by a Manufacturer’s or a third party organisation’s warranty We shall obtain their consent to Us carrying out that Work;

6.3 We shall not be responsible or liable for any failure to comply with any warranties where You have not told Us of those warranties.

We may sub-contract any of Our obligations under these Terms and Conditions provided that any sub-contractor We use is reasonably skilled in the relevant practices and provided that We do not pass on to You any additional charges without Your prior consent.

8.1 We shall at all times have in place suitable and valid insurance, including public liability insurance;

8.2 We shall not be liable to You for any loss or damage You suffer due to Your failure to follow Our or the Manufacturer’s instructions;

8.3 We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control;

8.4 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;

8.5 We provide Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;

Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and

Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

8.7.1 the Consumer Rights Act 2015 or the Sale of Goods Act 1979;

8.7.2 the Regulations;

8.7.3 the Consumer Protection Act 1987; and

8.7.4 any other consumer protection legislation;

as that legislation is amended from time to time.

9.1 We warrant the Work from the date of invoice for a Warranty Period of 12 Months or a distance of 12,000 miles whichever occurs first;

9.2 Unless We explicitly tell you otherwise when We invoice You, We shall warrant all parts that We use from the date of invoice for a Warranty Period of 12 months or a distance of 12,000 miles whichever occurs first. The warranties on certain parts may vary due to their original Manufacturers’ warranty conditions, and in that case We will tell You in Our invoice or another document Our different Warranty Period or distance for those parts;

9.3 If any Work done and / or parts used fails during the Warranty Period, We shall carry out the necessary repairs and replacements at no additional cost to You;

9.4 Any warranty that We give You applies to Your Vehicle. If You sell or otherwise transfers ownership of Your Vehicle to another person, they will be entitled to the benefit of the warranty for the rest of the Warranty Period;

9.5 We will be entitled to void any warranty that We give You if the Vehicle is used for anything other than normal purposes (unless We explicitly tell you otherwise). This includes:

9.5.1 Participating in racing or other competitions of any kind;

9.5.2 Participating in speed testing or time trials;

9.5.3 Use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);

9.5.4 Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; and

9.5.5 Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations;

9.6 The rights and remedies that We give You under this Clause 9 to provide repairs and replacement parts shall (as stated by sub-Clause 8.7) be in addition to all such rights and remedies as are available to You if You are a consumer.

10.1 You may cancel any Work booked as set out in sub-Clause 11.5 or as set out in sub-Clause 11.3;

10.2 If You cancel under sub-Clause 11.3 or 11.5, and You have paid Us any deposit or prepayment under sub-Clause 3.1, We shall return it to You less any amount You owe to Us under any part(s) of this Clause 11, but You will still be liable to pay Us the remainder of the amount You owe Us;

10.3 If, on or after You have brought Your Vehicle to Our premises for the Work to be carried out, You cancel the Work but We have by that time begun the Work, You must pay Us for all labour and for all parts We have used and, if We so decide, for all parts We have ordered but not yet used if in Our reasonable judgement We are unlikely to use or sell those ordered parts within 3 months. We shall invoice You for that labour and those parts. We will charge You for that labour at the same hourly rate as We used to calculate the Price. Clause 3 shall apply to the payment of any such invoice;

10.4 The parts We have ordered but not used by the time You cancel will remain Our property. We may use or dispose of them as We see fit without accounting to You for their cost where We have charged You for them under sub-Clause 11.3;

10.5 Where the contract We make with You is not made on Our premises, the Regulations give You the rights as follows in addition to the rights given to You by the above provisions of this Clause 11:

11.5.1 You may for any reason cancel a booking during the 14 day period after We confirm that booking unless sub-Clause 11.5.2 applies. If You cancel as allowed by this Sub-clause 11.5.1, and You have already made any payment(s) to Us for the Work, We will refund the payment(s) to You within 14 days of receiving Your cancellation; but

11.5.2 if the booking is for a date for beginning the Work which is before the end of the 14 day period from when You make the booking and if You have expressly requested Us to do any of the Work and We do so, You may not cancel the booking and You must pay in accordance with Clause 11.3 for such of the Work as has been carried out;

If You request that Your booking be cancelled, You must confirm this in any way convenient to You;

10.6 If You cancel any booked Work and You have a courtesy car from Us, You must return it to Us immediately; and

10.7 Once You have paid Us all that You owe Us, You shall collect (or arrange for the collection of) Your Vehicle within 7 days. If Your Vehicle remains on Our premises beyond that period. You shall pay Us for its storage at the rate of £10 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge).

11.1 In so far as any Services involve Us in collecting, using, or holding or otherwise processing any Data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and Your rights under that Act and these Terms and Conditions;

11.2 We may use Your personal information as follows:

11.2.1 to provide Our Services to You;

11.2.2 to process Your payment for the Services;

11.2.3 in certain circumstances (if, for example, You wish to pay for the Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly; and

11.2.4 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We confirm the booking for any Work) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We confirm the booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

As required by the Regulations:

14.1 all of the information described in Clause 13; and

14.2 any other information which We give to You about any Services or the Garage which You take into account when deciding to make a booking or when making any other decision about the Services;

will be part of the terms of Our contract with You as a Consumer.

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If You have any complaint about the Work or Our Services or any other complaint about the Garage or any of Our staff, please raise the matter with Mr Craigie who can be contacted at the Garage [or by phone or email or post].

15.1 We are subscribed to the National Conciliation Service (NCS) which is the UK’s certified automotive retail Alternative Dispute Resolution (ADR) provider. As one of our customers, you are able to use the NCS if you feel we have not internally been able to resolve your complaint.

15.2 The NCS has been certified by the Chartered Trading Standards Institute (TSI) as compliant with UK and EU regulations in respect of ADR.”

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

18.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and

18.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.