G&A COMMERCIALS (BRIDPORT) LTD

TERMS OF BUSINESS

1. General and Definitions

1.1  Set out below are the terms and conditions under which “the Company” carries out services and repair work on behalf of “the Customer”.

1.2  No employee, servant, or agent of the Company has any authority whatsoever except in writing to amend, vary, modify or waiver any of these terms and conditions.

1.3  Nothing in these terms and conditions is intended to affect, nor will it affect the Customers statutory rights under the Sale of Goods Act 1979 or the Unfair Contracts Act 1977 and any amendment thereto.

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

1.5  “Work” means any Work to be done by the Company whether by way of repairing, servicing, fitting, inspecting, recovering or otherwise.

2.  Estimates

2.1  Any estimate (oral or written) given by the Company shall be considered an approximation of the likely cost involved based upon such inspection as the Company can or is allowed to carry out at the time of giving the estimate.

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

2.3  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 permission from the Customer.

2.4  All prices are subject to value added tax, with the exception of MOT Test fees.

3.  Time

The Company will use its best efforts to do Work or supply Goods within any time period notified to the Customer but shall not be responsible for any delay in supplying the Goods or carrying out the Work howsoever caused and time shall not be of the essence.

4.  Payment

4.1  All Goods remain the property of the Company until paid for in full.

4.2  All specially ordered or manufactured Goods must be paid for by the Customer and cannot be returned unless found to be faulty.

4.3  Work shall be deemed complete when the Customer is advised by the Company that it has been completed and the vehicle is ready for collection.  The Customer will pay for all Work and Goods supplied before the vehicle may be removed from the Company’s premises unless alternative payment terms have been agreed.  All invoices, regardless of any payment terms agreed, will be deemed over-due 28 days after the date of issue.

4.4  Customers on monthly account payment terms will settle the account in full before the end of the month in which the statement is issued.  All account invoices will be deemed over-due 28 days after the date of issue. Failure to settle the account within the terms agreed will result in the account being placed “On Stop” and no further Work or Goods will be supplied by the Company until the account has been paid in full.

4.5  If necessary, the Company will use appointed agents and/or undertake legal proceedings in order to recover outstanding debt.

5.  Storage & Parking

5.1  If the Customer does not remove a vehicle within 48 hours of being advised that it is ready for collection the Company may thereafter charge storage fees based on the Company’s current daily rates. 

5.2  If a vehicle is not collected from the Company’s premises and the Customer has not confirmed a date for collection, or agreed to or paid for storage then the Company will not be responsible or liable to the Customer for any loss or damage incurred to the vehicle whatsoever whilst it remains on the Company’s premises.

5.3  The Company is not responsible or liable to the Customer for any loss or damage caused to vehicles dropped-off and parked outside the workshop buildings overnight or after trading hours and in such circumstances the Customer must rely on his/her own insurance.

5.4  Operational 24 hour CCTV cameras are sited around the Company’s premises primarily for security and crime prevention purposes.  Wherever relevant, CCTV recorded images will also be reviewed to resolve complaints and disagreements or matters of disputed liability.

6.  Loan Vehicles

6.1  Customers borrowing loan vehicles must hold a current valid full United Kingdom Driving Licence.

6.2  Loan vehicles are covered for third party insurance claims under the Company’s insurance policy but it is the Customer’s responsibility to inform his/her own insurance provider if additional/specialist cover is required.

6.3  The Customer will maintain the vehicle and return it in the same condition as when taken and will be responsible for any damage or soiling incurred whilst in his/her custody.

6.4  The Customer will return the vehicle promptly to the Company on the agreed date or immediately on the request of the Company.  If the Customer delays return of the vehicle the Company may charge a rental fee based on the Company’s current daily rates.  In these circumstances, the Company’s terms of insurance cover will no longer apply and the Customer must arrange their own comprehensive insurance cover.

7.  Liability

7.1  The Customer should remove any items of value not related to the vehicle and in respect of any loss or damage which is not the responsibility of the Company must rely upon his/her own insurance.

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

8.  Warranty

8.1  To the original purchaser only the Company warrants its Work free of defects in workmanship for a period of twelve months or ten thousand miles, whichever occurs sooner from the date of completion of the Work.  For Goods supplied the Customer will receive such warranty and/or guarantee as is given by the manufacturer of the Goods to the Company.

8.2  No warranty will apply if and to the extent that a defect is caused or worsened by failure to inform the Company of the defect, failure to give the Company the opportunity to remedy it, if the Goods have been subject to misuse, negligence or accident or used in the vehicle for racing, rallying or similar sports, the use of the Goods inconsistent with its use or the alteration of the Goods in a manner inconsistent with its use, non-adherence to instructions concerning the treatment, maintenance and care of the Goods, the repair or maintenance of the Goods by anyone who is not authorised by the relevant manufacturer.

8.3  The company will not warranty any Goods, Work or other services provided gratis or on a complimentary basis.

8.4  The Company will not warranty any Goods or Work or be responsible for any defect caused or worsened if the Work is advised to the Customer as being insufficient or temporary and has been undertaken upon specific request of the Customer.

8.5  The Company will not source, supply or sell second-hand Goods or parts.  The Company will not warranty any Goods or parts supplied by the Customer and will not be responsible for any subsequent Goods or Work required as a result of the Customer providing incorrect, insufficient or faulty parts.

 

 

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Terms and Conditions