These conditions are the sole conditions on which Acton Coachworks, hereafter called ("the Company") contracts with the Customer (as named overleaf).
All estimates for work to be done are valid for 30 days from the date of the estimate by the Company to the Customer. If the Customer deposits the vehicle with the Company for the purpose of the Company preparing an estimate then a storage charge based on the Company’s storage charges from time to time in force will be made to the Customer and the vehicle will be stored at the Customer’s sole risk. Storage charges shall be payable unless the estimate is accepted by the Customer within 14 days of the date of the estimate, or the vehicle is removed from the premises before then.
All prices quoted by the Company for parts are based on the prices current at the time of preparing the estimate and the Company reserves the right to increase such prices to the Customer without notice if the Company’s prices (including but not limited to the cost of any parts) are increased between preparing the estimate and obtaining the parts in order to carry out the work. The Company is authorised by the Customer to sub – contract all or any of the work on any terms.
If for any reason the work requested by the Customer is not carried out in full the Company will charge a reasonable amount for the work actually carried out.
Any variation agreed between the Company and the Customer in the work to be carried out shall be deemed to be an amendment to this contract and shall not constitute a new contract. All such variations shall be in writing.
The Company will use reasonable endeavours to carry out the work in the time notified to the Customer but time shall not be of the essence and no liability is accepted by the Company for any delays.
At the Customer’s request and subject to availability the Company will provide a courtesy vehicle for the Customer’s use at the cost of £[ ] per day, and the Customer hereby warrants that: (1) any such vehicle will be insured by a reputable insurance company on a fully comprehensive basis; and (2) the Customer is fully licensed to drive such a vehicle.
The Customer hereby agrees to indemnify the Company for all fines, levies or charges arising from the Customer’s use of a courtesy vehicle including (but not limited to) parking tickets, speeding fines and congestion charges fees.
The Customer hereby agrees to indemnify the Company for the cost of repair in case of damage to the courtesy vehicle whilst in the Customer’s possession. If , in the reasonable opinion of the Company, any courtesy vehicle is beyond. Economic repair the Customer shall be liable for the replacement value of the Courtesy vehicle which the parties hereby pre – estimate as £10,000.00 which shall be payable as liquidated damages.
Work shall be deemed to be completed when the Customer is advised by the Company that such work is completed. The Customer will pay the Company for all work done and materials supplied as well as any storage charges or other sums due from the Customer to the Company before removing the vehicle from the Company’s premises. If the Customer fails to pay the amount due and fails to collect the vehicle within 7 days of being advised that repairs are complete, the Company will charge for storage at the Customer’s sole risk at its storage rates from time to time in force. All sums payable by the Customer to the Company shall bear interest at 4% above the base lending rate of Barclays Bank plc from time to time in force.
The Company shall have a general lien on the Customer’s vehicle and its contents for all sums due at any time from the Customer to the Company and shall be entitled to sell or otherwise dispose of the Customer’s vehicle or its contents as Agent for and at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and the costs of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the Customer’s vehicle or its contents.
The Company is only responsible for loss of or damage to any vehicle or its accessories or contents caused by its negligence. The Company advises the Customer to remove from the vehicle all items of value not related to the vehicle. The Company’s liability to the Customer shall not exceed the value of any work carried out on the Customer’s behalf.
All parts replaced during service repair, except those that had to be returned to manufacturers or suppliers under warranty or service exchange arrangements will be retained by the Company for the Customer until the time when the vehicle is collected by the Customer. If the Customer does not specifically ask to take possession of such replaced part when collecting the vehicle then they will become the property of the Company to dispose of as it deems fit.
All written notices given by the Company to the Customer shall take effect 24 hours after being despatched by the Company in the normal course of post to the invoice address shown overleaf.
These terms and conditions shall be governed by and construed in accordance with English Law and the Customer and the Company submit to the exclusive jurisdiction of the English Courts.