TERMS OF BUSINESS

 

1. General And Definitions

1. These Terms (the "Terms") are the only terms on which Vulcan Motors Limited by whom this form is used (the "Company") contracts with the customer as named overleaf (the "Customer") and they shall govern the contract to the exclusion of any other terms and conditions.

2. "Goods" means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with Work.

3. "Work" means any work to be done by the Company whether by way of repairs, servicing, fining or otherwise.

4. The Customer will be deemed to have accepted these Terms if he or his insurance company give instructions or place orders by any means for Work to be done or Goods to be supplied.

5. Any typographical, clerical or other error or omission in any estimate, order, acceptance, invoice or other document issued by the Company shall be subject to correction without liability on the part of the Company.

 

2. Estimates and Prices

1. An estimate is a considered approximation of the likely cost involved and is valid for 14 days from its despatch by the Company to the Customer. if the Customer or his agent deposits a vehicle with the Company for an estimate, a storage charge based on the Company's current rates will be made to the Customer from the 15the day after the despatch of the estimate by the Company unless it is accepted by the Customer within 14 days of such despatch or the vehicle is removed by the Customer from the premises within that period.

2. Prices of Goods are those current at the time of the estimate and the Company reserves the right to increase such prices if the price to the company increased between preparing the estimate and obtaining the Goods.

3. Unless otherwise agreed in writing, if it appears during the progress of any Work that the estimate will be exceeded by a significant amount the company will not continue the Work without further express permission (oral or written) from the customer.

4. All prices are exclusive of any applicable Value Added Tax.

 

3. Uncompleted Works

1. 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 of Goods supplied or fitted.

 

4. Variations

1. Any variation agreed upon between the Company and the Customer in Work to be done or Goods to be supplied shall be deemed to be an amendment to this contract and shall not constitute a new contract.

2. No order which has been accepted by the Company may be cancelled by the Customer except with the agreement of the Company and on terms that the Customer indemnifies the Company in full against all loss (including loss of profits), costs, damages, charges and expenses incurred by the Company as a result of cancellation.

 

5. Time

1. The Company will use its best efforts to do Work or supply Goods within any time period notified to the Customer but time shall not be of the essence and the Company will not be liable for delays.

 

6. Completion of Work and Payment

1. All Goods shall be paid for upon delivery or in accordance with any credit terms agreed in advance.

2. Work shall be deemed complete when the Customer is so advised by the Company. The Customer will pay the Company for all Work done and Goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises.

3. If a vehicle is not collected by the Customer within 7 days of the Customer being advised that Work is complete the company will charge for storage of the vehicle at its current rates. The Company may sell the vehicle if the Customer fails to pay any monies due to the Company and collect the vehicle within 3 months of being notified that the Work has been completed and of the Company's intention to proceed to sell it. Upon any such sale, the Company shall pay the balance of the proceeds of sale to the Customer after deducting all monies due the Company (whether arising for the latest or an earlier bailment) and all costs of sale.

4. Interest at the rate of 3 per cent over Lloyds Bank’s pie base rate from time to time (both before and after judgement) will be charged from the due date until payment.

 

7. Retention of title and Risk

1. Goods supplied by the Company shall be at the customer's risk immediately on delivery to the Customer or into custody on the Customer's behalf and the Customer should therefore be insured.

2. Property in the Goods supplied hereunder will pass to the Customer when those Goods and all other Goods the subject of any other contract between the Company and the Customer which at the time of payment of the full price of the goods sold have been delivered to the Customer but not paid for in full, have been paid for in full.

3. Until full payment has been received by the Company the Customer shall hold the Goods supplied hereunder in a fiduciary capacity for the Company in a manner which enables them to be identified as the Goods of the Company and the Customer shall immediately return those goods to the Company should it so request. All the normal incidents associated with a fiduciary relationship shall apply.

4. The Customer's right to possession of the Goods supplied hereunder shall cease if not being a Company, they do anything or fails to do anything which would entitle any person to present a petition for bankruptcy or being a Company, it does anything or fails to do anything which would entitle an administrator or administrative receiver to take possession of any assets or would entitle any person to present a petition for winding up.

5. The Customer grants the Company an irrevocable licence to enter at any time any vehicles or premises owned or occupied by the Customer or in its possession to repossess and remove any Goods supplied, the property in which has remained in the Company.

6. Notwithstanding, 7.3, the Customer shall be permitted to sell the Goods supplied hereunder to third parties in the normal course of business. In this respect, the Customer shall act in the capacity of a commission agent and the proceeds of any such sale shall be held in trust for the Company in a manner which enables the proceeds to be identified as such. The Company as principal shall remunerate the Customer as a commission agent by a commission being the surplus which the commission agent can obtain over the contract price of the Goods.

7. If any provision of clause 7 or any part thereof is held by any Court or other competent authority to be void or unenforceable in whole or part, this clause 7 shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

 

8. Delivery.

1. Unless otherwise agreed in writing delivery of Goods shall be ex-time Company's premises.

 

9. Loss, Damage and Liability

1. The Company is only responsible for loss of or damage to any vehicle or its accessories or contents caused by the negligence of the Company or its employees. Except in respect of death or personal injury, the liability of the Company to the Customer for any direct loss, damage, cost or expense shall be limited to£ 1,000,000 in respect of any one event or series of connected events. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely upon their insurance.

2. Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term or any duty at common law or under these terms for any consequential loss or damage (whether caused by the negligence of the Company, its employees, agents or otherwise) arising out of or in connection with the supply of the Goods on the provision of the Works, or their use or resale by the Customer, except as expressly stated in these terms.

3. The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations if the delay or failure is due to any cause beyond the Company's reasonable control.

 

10. Replaced Parts

1. All parts replaced during any Work done, except those to be returned under warranty or service exchange arrangements, will be retained by the Company until the vehicle is collected. If the Customer does not specifically ask to have such replaced parts when collecting the vehicle then they will become the property of the Company to dispose of as it deems fit.

 

11. Returned Goods

1. Goods will be accepted back for credit provided that the Customer returns the Goods (in the same condition as when supplied) within 5 working days of delivery, the original invoice is produced the customer pays the Company's current handling charges for returned goods and the goods were not specifically ordered by the Customer.

2. Save as above Goods will not be accepted back by the Company.

 

12. Sub-Contracting

1. The Company shall be entitled to carry out its obligations under this contract by sub-contractors but shall be responsible for the quality of their work.

 

13. Health and Safety

1. The instructions for use, cautionary notices and other technical notices and information as supplied to the Customer with the Goods must be observed.

 

14. Warranty

1. Subject to 14.2, in respect of all parts fined or Goods provided the Company assigns to the Customer the benefits of the applicable manufacturer’s warranty. The Company warrants it Work free of defects in workmanship for a period of 3 months or 3000 miles, whichever occurs sooner, from the date of completion of the Work.

2. No warranty will apply if and to the extent that a defect is caused or worsened by one or more of the following, namely (a) a failure to inform the Company of the defect or to have it examined by the Company and a failure to allow the Company to remedy it: (b) if the Goods have been subjected to misuse, negligence or accident or used in a vehicle for racing, rallying or similar sports: (c) the installation of a part into Goods, the use of which has not been approved by the Company or the alteration of Goods in a manner not approved by the Company: (d) non-Adherence to instructions concerning the treatment maintenance and care of the Goods or a failure to have the relevant vehicle serviced following the Company's recommendations.

3. If the Work includes painting, then if the metal to be painted is rusted every reasonable precaution will be taken to prevent rust from penetrating the paint after completion of the Work but no warranty can be given in this respect or to the effect that the new paintwork will match existing paintwork exactly.

4. The warranties in 14.1 above are in addition to any other remedies the Customer may have under the Contract

 

15. Notices and General

1. All written notices given by the Company to the Customer shall take effect 24 hours after being despatched in the normal course of post to the Customer’s address shown overleaf or immediately upon delivery by hand.

2. No waiver by the Company of any breach shall be considered as a waiver of any subsequent breach of the same or any other provision.

3. This contract shall be governed by the laws of England.

 

NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF THE CONSUMER