CAR REPAIR TERMS AND CONDITIONS (CONSUMER)
These Terms and Conditions (these Terms and Conditions) are the standard terms which apply:
A. to the provision to the Customer of any Services by the Garage; and
B. where the Customer is a Consumer.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Consumer: an individual who receives any of the Services for his personal use and not for any business, trade, craft, or profession carried on by him or any other person or organisation (as defined by the Consumer Rights Act 2015 or any amendment of that Act
Customer/You/Your: a Consumer customer of the Garage who requires its Services;
Estimate: an estimate of the approximate Price of the Work;
Garage/Us/We/Our: Brittanic Auto Transmissions of units 3 & 4 The Peacock Industrial Estate, White Hart Lane, Tottenham, London N17 8DT and reference to the Garage shall include reference to any and all of its staff including mechanics;
Gearbox: a vehicle transmission assembly unit of a vehicle
Invoice: a final invoice giving the total price of the Work;
Manufacturer: the manufacturer of the Vehicle or Gearbox;
Price: the fee payable for the Work including parts, labour, VAT and any additional charges;
Regulations: the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
Services: any type of repair or maintenance of Vehicles or Gearboxes;
Vehicle: your vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer;
Warranty: The warranty set out in clause 7
Warranty Period: the duration of the warranties provided by Us set out in Clause 7
Web Site: our Website the url of which is www.brittanic-autos.co.uk;
Work: the particular services that we agree to provide to you;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing” includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “the Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of the Terms and Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to the Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular shall include the plural and vice versa; and.
1.5 References to any gender shall include the other gender.
2. Payment and Invoices
2.1 We may require a deposit before we start the Work. This must be paid on the day the vehicle is left at our premises and of request;
2.2 From the point at which Work on the Vehicle or Gearbox begins we shall have the right to keep the Vehicle or Gearbox until you have made payment in full of all sums due from you;
2.3 Following our completion of the Work, we shall issue an invoice to you;
2.4 The invoice will provide a comprehensive summary of all of the Work done and will provide full details of all works carried out including the Price payable for it with the VAT element payable on it shown separately;
2.5 Where the Work relates to a Vehicle the invoice will show the mileage of the Vehicle and will refer to the warranty set out in Clause 9;
2.6 All sums due will be payable on collection of the vehicle once notified that works have been completed unless the customer is a trade customer to which all sums will be made payable within 30 days of the date of the relevant invoice
(due payment time);
2.7 In addition to our rights under clause 2.2, if you do not pay all sums due within the due payment time we will have the right to serve you a final notice requiring immediate payment (final notice) and if you do not pay the sums then due within 14 days of final notice we shall have the right to sell the Vehicle or Gearbox at your expense without having to give you any further notice;
2.8 We shall be entitled to charge interest on any outstanding amount due from you from the date that payment was due until the date payment is actually made to be calculated on a daily basis at 4% above the base rate of Nat West Bank plc from time to time.
2.9 In the event that a vehicle is not collected we reserve the right to add storage costs of £50.00 per calendar day starting from the day of notification that the vehicle was ready for collection until the day the vehicle was collected. We reserve the rights to hold the vehicle until all charges are received in full.
3. Insurance Claims and Warranty Claims
3.1 If the Work to be carried out on the Vehicle or the Gearbox is the subject of an insurance claim, you (or the policyholder if he is not the same person) must sign any documents required by the insurer to be signed to authorise payment to us for the Work;
3.2 We shall not be responsible for any delay in completing the Work and / or returning the Vehicle or Gearbox to you where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.
3.3 Where insurance and warranty providers require cause of failure, gearbox and/or associated parts will need to be removed for further investigation. Photographic evidence is then issued to the insurance /warranty provider for their assessment. We will then be advised if the claim is successful or not. Prior to authorisation from the insurance / warranty provider the customer is liable for the works and all associated costs.
4. The Work
4.1 We will tell you before we begin the Work how much time we think we will need to carry out the Work.
4.2 If we require parts to carry out the Work and these are not available at the time we have agreed to start that Work then we shall let you know this, when we expect the parts to be available and will revise our estimate as to when we
expect to complete the Works.
4.3 If we cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, we will let you know and you may then either make arrangements to rebook the Work when we advise you of the availability of the parts;
4.4 If we find during the course of the Work that we need to use additional parts and / or labour, we will only order the additional parts or carry out the additional work if you have first authorised us to do so. We will give you a revised estimate of the cost of the additional parts and any labour and the amount of time we think we will need to complete the additional work.;
4.5 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 or Gearbox. You may only remove those parts from the Garage if you agree to
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 or Gearbox.
5.6 We shall use reasonable endeavours to ensure that we take good care of your Vehicle or Gearbox. In the case of a Vehicle we require you to remove all of your possessions from it before we start the Work and will not accept responsibility for the loss of any possessions within the Vehicle that you do not remove.
We may sub-contract any of our obligations under these Terms and Conditions as long as we ensure that any sub-contractor, we use is reasonably skilled in the relevant practices and that we do not pass on to you any additional charges without your prior consent.
6. Insurance, Damage and Liability
6.1 We shall at all times have in place suitable and valid insurance, including public liability insurance;
6.2 We shall not be liable to you for any loss or damage you suffer due to your failure to follow our instructions or those of the Manufacturer;
6.3 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;
6.4 We will be responsible for 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;
6.5 We provide Services to you only for your personal and private use/purposes as a Consumer. 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;
6.6 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
6.7 As a Consumer, or as 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:
6.7.1 the Consumer Rights Act 2015;
6.7.2 the Regulations;
6.7.3 the Consumer Protection Act 1987; or
6.7.4 any other consumer protection legislation;
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
7. Warranty and Guarantee
7.1 We warrant the Work from the date of invoice for:
7.1.1- 12 Month warranty which holds for a Warranty Period of 12 months or a distance of 12,000 miles whichever comes sooner;
7.1.2- 6 Month warranty which holds for a Warranty Period of 6 months or a distance of 6,000 miles whichever comes sooner;
7.2 Subject to clause 7.4 and 7.5 unless we explicitly tell you otherwise when we invoice you, we shall warrant all parts that we use from the date of invoice for the warranty period. 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 that a different warranty period will apply to those parts;
7.3 Subject to clause 7.4 and clause 7.5 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;
7.4 In the case of a Gearbox & Mechatronic Units
7.4.1 we will be entitled to void the warranty if you do not provide us with satisfactory evidence of the mileage of the vehicle in which the Gearbox is to be installed at the time you take delivery of it
7.4.2 where you have requested this to be repaired, rather than refurbished, the warranty will only apply to the parts that have been replaced as stated on the invoice and not to the operation of the Gearbox or Mechatronic unit as a whole;
7.4.3 where you have requested this to be reconditioned the warranty does not apply to any electrical items fitted to or inside the Gearbox including, without limitation, speed sensors, temperature sensors, solenoids, Mechatronic units ECU computers and valves
7.4.4 where the Gearbox is not installed in a vehicle by us the warranty will not apply where any defect or fault is caused by incorrect fitting, addition of antifriction additives or incorrect oil or any foreign matter, subsequent modification of the Gearbox or the engine of the vehicle in which it is fitted, failure of parts not furnished with the Gearbox such as propeller shafts, clutch hydraulic systems, clutch cables, pigot bearings and the like or any damage resulting from inadequate oil levels being maintained in the Gearbox for whatever reason.
7.5 We will be entitled to void any warranty that we give you if the Vehicle or any vehicle in which the Gearbox is installed is used for anything other than normal purposes (unless we explicitly tell you otherwise). This includes:
7.5.1 participating in racing or other competitions of any kind;
7.5.2 participating in speed testing or time trials;
7.5.3 use in a way which exceeds its design limitations (exceeding maximum towing weight, for example);
7.5.4 use in a way which does not conform with Manufacturer’s recommendations; or
7.5.5 failure to service or otherwise carry out maintenance in accordance with the Manufacturer’s recommendations;
7.5.6 use for any business, trade, craft, or profession including hiring, taxi and driving tuition purposes.
7.5.7 where, the engine/drive system has been re-mapped or is non-standard or if non-standard parts (including wheels and tires) have been fitted to the vehicle except where we have specifically agreed in advance in writing to extend our guarantee to include such use.
7.6 The rights and remedies that we give you under this Clause 7 to provide repairs and replacement parts shall be in addition to all such rights and remedies as are available to you as a Consumer.
7.7 Where a breach of warranty arises you should notify us as soon as you become aware of the same and you should arrange to return the Vehicle or Gearbox to us at your own expense so that we can examine it and comply
with the terms of the Warranty.
7.8 The Warranty is personal to you and is not transferrable
8. How We Use Your Personal Information (Data Protection)
8.1 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;
8.2 We may use your personal information as follows:
8.2.1 to provide our Services to you;
8.2.2 to process your payment for the Services;
8.2.3 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
8.2.4 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:
10.1 all of the information described in Clause 9; and
10.2 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.
11. Changes to Terms and Conditions
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.
12. No Waiver
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.
14. Law and Jurisdiction
14.1 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
14.2 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.
15. Additional Clauses
15. 1. All warranties on any products are on a non-transferable basis the warranty is for the person or company named on the invoice only.
15. 2. Any warranty claim that is down to lack of oil in the transmission /axle / diff / transfer box. Will be rejected. It is the client’s responsibility to check and not drive if low of oil.
15. 3. A repair to any transmission will be stated on the invoice as ‘repairs to’ this means that it is not a reconditioned unit and as such we only warrant the parts we fit from defect, not the whole unit or labour.
15. 4. Reconditioned transmission units come with warranty detailed in clause 7.1and relate to passenger vehicles only.
15.5. Repaired units come with warranty detailed within clause 7 and relate to passenger vehicles only.
15.6. Reconditioned transmissions supplied out are covered for the unit only and no labour / fitting cost will be included. It is your responsibility to bring us the faulty part for inspection and repair.
15. 7. All warranties apply to the UK only, and any recovery cost is not included in the warranty.
15.8. Where batteries are to be disconnected from the vehicle, power will be lost and any in car entertainment / SAT NAV units may need to have the manufacturers codes entered for them to be in operation. We hold no responsibility for such codes.