Terms and conditions of business.
Prices of goods and services are those current at the time of the estimate and the company reserves the right to increase the contract price should additional work be found necessary for the vehicle, or if the price of goods and services to the company increases in the period between preparing the estimate and completing the work. If during the progress of work, it becomes evident that the estimate will be exceeded the company will obtain permission to continue.
If for any reason the work requested by the customer is not carried out in full, the company can charge at its standard hourly rate for the work completed and the cost of the goods supplied and fitted. The repair of used or damaged parts cannot be returned to as new condition, and therefore the customer cannot expect the company to complete repairs to as new condition, if used or damaged parts are returned to the vehicle. Reconditioned parts do not meet the standards of new parts, if the company refurbished or reconditions a part it cannot be considered as new.
A charge may be made for an estimate. A storage charge may be made for customer parts and or vehicles left on the company’s premises. Daily charges are £35.00 per day inc. VAT.
All costs quoted are excluding V.A.T. It is not the responsibility of the company to state whether VAT is or is not included in a verbal quotation. The customer must assume it is not included in the quoted price.
Any variations agreed between the customer and the company in the work to be carried out or goods supplied shall be deemed to be an amendment to the existing contact and shall not constitute a new contract.
An order or instruction, which has been accepted by the company, may be cancelled by the customer only with the agreement of the company. The customer will pay the company for all costs, charges and expenses incurred by the company up to the date of and as a result of the cancellation. The company can only accept a cancellation, when all sums due have been paid.
Unless otherwise expressly stated time is not of the essence of this contract, nevertheless the company will endeavour to complete works by the date and time requested but cannot accept responsibility for any delay resulting from any cause outside of the company’s control (including the non-delivery or late availability of vehicles, parts or other goods and services). Any liability for additional costs and or inconveniences resulting from such delays, are not the responsibility of the company.
Parts and other goods supplied by the company must be paid for in full, prior to or on collection or on delivery. All monies due relating to parts, goods and services supplied must be paid upon delivery or when the company notifies the customer that the work is complete to agreed timelines or project milestones, or month end. Legal title and ownership of goods and services supplied will only pass to the customer when payment has been received (and monies cleared) and not on collection or delivery. Failure to pay within a twenty four hour period from notification if they are unable to collect their goods and services from the day of notification will incur an additional daily compound interest charge of 18% above the Bank of England base rate for the outstanding sum until payment is complete. This will include any storage (see section 9), interest and other charges.
If a vehicle is not collected on, or immediately after, notification of the work being completed the company may make additional charges for storage to cover costs and other charges. The daily charge per day per vehicle is £35.00 excluding VAT. If the customer fails to pay for and/or collect and goods or services supplied within 90 days, the company shall be entitled to sell customer vehicle/s upon such terms and conditions as the company deems appropriate. The company will notify the customer at the invoice address of its intention to sell the vehicle. Following such a sale the company will be entitled to deduct all unpaid monies due (including any further costs incurred) from the sale proceeds and then forward the balance, by cheque to the customer at the invoice address.
The company reserves the right to make a handling charge for goods returned to manufacturers or suppliers, which have been correctly supplied under the original customer order. “Special Orders” are parts not normally stocked by the company. Special orders will not be accepted for credit if supplied correctly in accordance with the original order. The company reserves the right to ask for full and final payment in advance for all special orders.
The company shall take reasonable care of the vehicle while in its custody. The company is only responsible for loss or damage to a vehicle, or its accessories caused by the company’s negligence. Should a failure occur during the company’s possession of the customers vehicle, the customer must accept responsibility for that failure and any subsequent damage caused by the initial failure. The customer must accept that vehicles being modified, may receive minor damage, due to the means of removing a part through age deterioration, design or process. The company will notify the customer of any damage due to third parties within 24 hours, unless on a Friday or before a bank holiday or company closure, in which case it will notify the customer within 24 hours of returning. The company will determine whether to repair or replace the damaged item or alternatively offer compensation for loss caused. Where new paintwork is required and the metal is found to have corrosion, reasonable precaution will be taken to prevent this penetrating through after painting, but no guarantee can be given in this respect. The company reserves the right to decide which repairer will be designated to carry out such repairs. If partial paintwork only is required reasonable precaution will be taken to match the existing colour, but no guarantee can be given of a perfect colour match at the time of the repair or any time after. The company cannot accept liability for the loss of or damage to personal property or business goods left in the vehicle. The company advises the customer to remove all items of value not relating to the vehicle prior to work commencing.
The company shall not be liable to the customer for any loss or damage occasioned by the release of the vehicle, goods or services to any person(s) who settles the account outstanding for goods, services, repair or storage provided that such person(s) shall have held themselves out as duly authorised by the customer to have possession of the vehicle, goods or services.
All written notices given by the company to the customer shall take effect 24 hours after being dispatched by the company in the normal course of mail delivery to the invoice address shown.
The company warrants new parts for a period of 3 months (with exceptions, see section 18 and 19, or where the original manufactures warranty terms conditions apply – this may in some cases be less) fitted to vehicles in accordance with the applicable statutory rights at the time of supply or repair. The company warrants its work free of defects for a period of 3 months from the date of completion of the work (“warranty period”). The company warrants that it will (at the company’s choice) either repair or replace or refund the full purchase price (delivery charges are not included) of any goods which are accepted within the warranty period by the company as being defective or not in accordance with the contract or any express description or representation given or made on behalf of the company. Any vehicle/customer pursuant of a warranty claim outside of the United Kingdom shall not be entitled to these warranty conditions. In respect of services, if the company accepts within the warranty period that it has failed to execute the services in accordance with the express terms of the contract, the company may, at its option, perform again such of the services as have not been so performed (provided such charge shall have been paid to the company by the customer). The company shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any other remedy, which would otherwise be available in law, is hereby excluded except to the extent that such exclusion is prohibited by any rule of law. A claim under this warranty shall not entitle the customer to cancel or refuse payment. This warranty shall not apply where the defect or fault is attributable to a modification or improper repair, defective materials supplied by third parties where the customer’s only remedy will be against that third party, where the vehicle has been used for competitions, racing or record attempts or otherwise than private and commercial use, where the vehicle has been abused in any way or damaged by wear and tear, neglect, corrosion, or improper use or failure to maintain in accordance with the manufacturer’s recommendations, where the vehicle has been damaged in any subsequent accident. To claim warranty the customer must return the replacement part, stating invoice number, chassis number, and registration. On return to the company, the company will assess the defect to ensure that the terms of the warranty are met. Should the part be found to be defective a credit will be raised against the invoice or a replacement part substituted.
The invalidity, illegality or unenforceability of any provision of these conditions should not affect other conditions.
A person who is not party to this contract shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. This clause does not affect any right or remedy of any person that exists or is available otherwise than pursuant to that Act.
The Contract (and any proceedings whereby one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and parties herby to the exclusive jurisdiction of the English courts.
Wear on parts is not covered by warranty. Examples are brake pads, wear sensors and disc’s, clutches, gearbox synchro’s, tyres and seat covers. Corrosion is not covered by warranty. Paint defects are not covered by warranty. Second hand parts are not covered by warranty. Bulbs are not covered by warranty. Radio’s are not covered by warranty.
Warranty criteria for computers, software and their accessories will reflect the same terms and conditions as given by the original supplier to Auto Umbau limited. In most cases the customer will be required to deal directly with the original supplier to Auto Umbau Limited.
Customers who have bought vehicles from Auto Umbau, shall accept that faults listed and or notified to the customer prior to the sale are not accepted as reasonable cause or reason to return the vehicle for a refund or subject to a warranty claim.
Any vehicle that is returned for refund will be subject to costs that the customer must pay. There will be an administrative fee of £500.00 to cover costs associated with registration. The mileage covered by the customer on the vehicle will be charged at £0.75 pence per mile. Any damage occurring during the customer’s time of ownership will be repaired by Auto Umbau and the cost will be deducted from the refund amount. The refund will only be given to the customer once repairs are finalised and completed to the satisfaction of the company. There are no financial limits governing the cost of repair.
Customer’s failure to maintain the vehicle to the manufacture’s standards, or who fail to operate the vehicle in the correct way, will not be deemed as having a reasonable cause to claim warranty or refund.
The company reserves the right to refuse credit or debit card payments, the customer must accept that another form of payment must be made to the company. The customer cannot under any circumstances insist on taking goods and services and offering a payment card that is not in the name of the customer. The company reserves the right to decide whether the payment method offered by the customer is acceptable.