Terms and Conditions
1. General
"The Company" means Logix Auto Centre Ltd and Logix Auto Centre Parkgate Ltd as registered limited companies.
"Vehicle" means, unless otherwise accepted, car, lorry, van, trailer, caravan, invalid carriage and cycle and, as a separate unit or otherwise, engine, axles, gearbox, clutch, generator, starter, battery and every other component of the vehicle.
"Customer" shall mean either the person or the company requesting examination, repair, valuation or garaging or any other request in relation to the vehicle.
"The Companies Premises" means the registered office and any premises occupied by the Company from time to time.
2. The Company accepts vehicles for repair and/or examination with a view to estimating for repairs, for garaging, pending sale or any other purposes only on and subject to the following terms and conditions, which shall be additional to any other conditions stated overleaf.
3. Estimates are effective for 28 days from the date stated on the estimate. If acceptable instructions are not received from the Customer (in response to the estimate rendered) within 28 days of the date of the estimate, the Company may charge its usual garage rates at the then current rate from the date the vehicle was received until the date of collection.
4. (i) All estimates given by the Company are provisional and do not in any way bind the Company. All estimates are based on the current cost to the Company of labour, materials, spare parts and any other ancillary costs, including taxes involved on the date of the estimate. If there shall be any increase in such costs, the Company may require the Customer to pay upon collection of the vehicle any increase due to such increased costs to the Company.
(ii) If no estimate is given, or if part only of the work covered by the estimate is carried out, the Company shall be entitled to charge the Customer a reasonable and proper price (in the opinion of the Company) for the work done (including any stripping-down leading to determination and assessment of the practicability or otherwise of any work being done) and for any materials and spare parts supplied.
(iii) If, in the opinion of the Company (notwithstanding that an estimate may have been provided), it is impracticable for any reason to carry out any work it is instructed to carry out, it shall be entitled to:
a) refrain from carrying out or completing such work; and
b) carry out such work as, in the opinion of the Company, may be reasonably practicable.
In the event that clauses 4(iii)(a) and (b) should apply, the Customer shall have no claim against the Company.
(iv) If, in the opinion of the Company, it is necessary to undertake repairs not included in the estimate given which are required to conform with any applicable safety or other statutory requirement, the Company shall be entitled to charge a reasonable and proper price (in the opinion of the Company) for such work done and the Customer agrees to pay for such work, including the cost of labour, materials, spare parts and services supplied.
5. Variations of any kind in the estimate given or the scope of repair or the prices chargeable or otherwise, howsoever arising, shall be subject to these terms and conditions, so that any such variation shall not be deemed to constitute or create a new or separate contract and the original contract shall remain in force but so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a deviation from the contract, nor shall any such act bar the Company from claiming the benefit of any of these terms and conditions.
6. (i) Every reasonable endeavour will be made by the Company to carry out the work by the time desired. The Company shall not, however, be liable for any delay howsoever occasioned, notwithstanding the fact that a definite date for completion may have been specified.
(ii) Vehicles must be collected from the Companies Premises within one working day of notification that the vehicle is ready, notwithstanding that such notification is in advance of the estimated time of completion. Collection of the vehicle will take place during the Company's working hours.
7. Any work done, procured to be done or goods supplied in relation to a vehicle by the order of any employee of the Customer or by any person who is reasonably believed to be acting as the Customer's agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be paid for by the Customer.
8. Payment shall be in full and not subject to any reduction in price or set-off, for all repairs and/or spare parts supplied, labour and taxes and is due on completion of works to the vehicle. If the Customer fails to pay in cleared funds on the due date all monies owing to the Company, the Company shall be entitled to charge interest on any amount overdue calculated on a daily basis at 5% over the base rate of the Bank of England from time to time until payment is received. The Company reserves the right to demand a deposit before commencing or during the course of work. A repair is completed for the purpose of the terms and conditions when notice has been given to the Customer that the vehicle is ready for collection.
9. The Company shall have a general lien on a vehicle and its contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to charge garage rent during any period in which the vehicle is retained by virtue of the lien at the then current rate.
10. Spare parts shall remain the sole and absolute property of the Company and title in the spare parts shall not pass until the Customer has paid the Company in full for all repairs and/or spare parts supplied, labour and taxes thereon. If the Customer makes a default in payment or if for any reason the Company treats the contract as discharged, the Company may repossess the spare parts and the Customer hereby licenses the Company to remove the spare parts from the vehicle.
11. If the Customer's indebtedness to the Company is not satisfied within 3 months from the date of the first account rendered to the Customer, the Company may forfeit any deposit paid by the Customer without prejudice to any other rights and remedies of the Company and may, without notice, sell the vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the Customer to the Company and any balance due shall be paid to the Customer by the Company following a request.
12. Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle collects the same, the Company shall not be responsible to the Customer for any damage or loss resulting on the grounds that such driver had in fact no such authority, notwithstanding that delivery may have been made without payment of the Company's account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be, or to have been at some time, connected with the Customer.
13. The Customer shall be responsible for and shall keep the vehicle(s) fully insured against all risks while such vehicle(s) are on the Companies Premises.
14. If a vehicle is not collected by the Customer and the Company's invoices are not paid within one working day following the notice that the vehicle is ready for collection, the Company reserves the right to charge, in addition to the interest under clause 8, a garage rent at the rate then current in respect of the vehicle from the date of completion of the repairs until collection or disposal under clause 11 hereof, as the case may be.
15. In connection with any inspection, repair or contemplated repair or other purposes including testing, taking the vehicle to coachbuilders or other specialists, demonstrations etc., the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on a public road or elsewhere.
16. The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of spare parts and materials supplied or any subcontractor. All work carried out by the Company is warranted against failures due to defective workmanship for a period of twelve months or 3,000 miles, whichever occurs first. The warranty extends only to repairs actually undertaken and does not cover any form of progressive fault diagnosis.
17. (i) All parts of the vehicle removed by the Company in the course of the repair or inspection shall, if not claimed by the Customer within fourteen days after the completion of the repair, be deemed to be wholly abandoned to the Company and shall become the Company's absolute property accordingly.
(ii) Customers are requested to remove all items of value not connected with the vehicle when leaving it on the Companies Premises. The Company accepts no liability, subject to clause 15 above, for any loss or damage to such items.
18. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
19. No alteration, amendment or variation to these terms and conditions shall be effective unless in writing and signed for and on behalf of the Company by a director of the Company. No other person has any authority to alter or qualify in any way the above terms and conditions or to enter any contract for repair or for any other purpose on behalf of the Company otherwise than on such conditions.
20. Unless otherwise agreed in writing, all service work undertaken by the Company pursuant to the manufacturer's recommended procedures is carried out in accordance with the manufacturer's schedule, guidelines and instructions.
21. The Company may terminate this contract if the Customer makes any voluntary agreement with its creditors, becomes subject to an administration order, if an individual/firm becomes bankrupt or, being a company, goes into liquidation, or if a receiver is appointed over any of the property and assets of the Customer or the Customer ceases or threatens to cease to carry on business or the Company reasonably apprehends that any of the events is about to occur. In such circumstances, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend doing any further works under the contract without any liability to the Customer and payment for all work done, labour, materials and spare parts supplied shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
22. Save in the case of a Customer dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all statements, conditions or warranties as to the quality of the goods or their fitness for any particular purpose, whether express or implied by law or otherwise, are hereby expressly excluded.
23. The Company's liability in connection with this agreement shall be limited to the price of the spare parts and/or the work undertaken and in no event shall the Company be liable under or in connection with the agreement for any loss of contracts, anticipated profits, savings, revenue, business or indirect or consequential loss, however caused.
24. The Company shall not be liable for delay in or failure to comply with its obligations to the extent that it is prevented, hindered or delayed from complying with them by any cause beyond its reasonable control including (as they are beyond its reasonable control) but not limited to acts or omissions of the Customer, labour disputes, defaults of suppliers/subcontractors and compliance with any law or governmental order, rule, regulation or direction.