MOT - SERVICE - REPAIR
Terms and Conditions apply to the repair and maintenance of motor vehicles by, our garage.
Definitions:
In these terms and conditions, the following expressions have the following
meanings:
“The Customer” means you, any individual, firm or corporate body requiring the
services of the Garage;
“Work” means any services carried out by the Garage, including but not limited to
repairs, vehicle servicing and MOTs;
“Price” means the fee payable for the Work including parts, labour, VAT and any
additional charges; and “Vehicle” means the Customer’s vehicle which may be a car, van, motorhome,
motorcycle, caravan or trailer.
These terms and conditions will be binding between the Garage and the Customer
upon the booking of any work.
If you place an order for work via the phone or internet you warrant that you are
legally capable of entering into a contract, you are at least 18 years old and you
reside in the UK.
THE WORK We shall use our best and reasonable endeavours to give you an
accurate timescale for the Work. If, due to circumstances beyond our control,
including non-availability of parts or a delay in delivery, it will not be possible for the
Work to be completed as arranged, we will contact you as soon as is reasonably
possible to inform you accordingly.
We will provide details of the cost of any work required before it is carried out and
this shall be agreed upon by the Customer and the Garage prior to commencement
of the Work.
During the course of the Work it may become evident that additional parts and / or
labour is required. In this event no additional Work will be carried out nor parts
ordered without the prior consent of the Customer. We will inform you immediately
and provide an estimate for the additional parts and labour.
Once we are in receipt of your vehicle’s keys and the Work is booked, this will be
deemed as acceptance of the cost of the Work and acceptance of these terms and
conditions.
All parts to be used shall be new and shall be either of Manufacturer’s original
equipment (OE) standard or those produced by a third party of OE standard. If we
deviate from this provision in any way, we will inform you of the reasons for such
deviation and any effect this will have on your warranty and will require your express
consent before the use of such parts occurs.
If any parts are replaced, the original parts will be made available to you for viewing
and examination up to and including the time that you collect the Vehicle. If you wish
to remove the original parts from the Garage, we shall be entitled to charge a
surcharge, which will be refunded on their return. If you do not wish to inspect the
parts, we will dispose of them following collection of the Vehicle.
The Garage shall use its best and reasonable endeavors to ensure that good care
is taken of the Vehicle and any of the Customer’s possessions which may be inside
it. Not withstanding this provision, we shall not be held responsible for any loss or
damage to such possessions and the Customer is advised to remove all
possessions from the Vehicle prior to the start of the Work.
PAYMENT From the point at which we start work on the Vehicle up until the point at
which all sums due are paid in full in cleared funds, we shall have a general lien on
the Vehicle and its contents for all sums due.
Following completion of the Work, we shall issue an invoice to the Customer. This
can be paid in cash or by bank transfer, debit or credit card ONLY.
All sums shall be due immediately upon receipt of the relevant invoice.
Upon receipt of the payment in full in cleared funds for any work carried out, we will
return the vehicle to you.
Our invoice shall provide a comprehensive summary of all work done and shall
provide full details of all parts and labour including the Price payable therefor
All work carried out, including any additional work, will be inclusive of VAT.
Vehicles should be collected within 1 day of us informing you that the works are
complete. Vehicles not collected within this time may incur a storage charge of £20
per day plus VAT unless prior agreement has been given in writing by a Director of
the Company.
OUR WARRANTY In addition to your Statutory Rights, we provide a Parts & Labour
Warranty for a period of 12 months (or within 12,000 miles – whichever comes first)
for parts which are replaced by us and become defective within this time or distance,
and any related workmanship.
Certain products will be excluded from the warranty and we will inform you of this on
the booking of the Work.
Any Warranty given is dependent upon: The Garage being given an opportunity to
investigate or rectify any faults within a reasonable timeframe and
the manufacturer’s vehicle operating instructions being followed.
Having the vehicle serviced or otherwise maintained according to the manufacturer’s
recommended schedule (at the time or distance specified and with Original
Equipment specification parts and filters, carried out by a VAT Registered garage
with invoice).
Full compliance with our advisories, warnings and information or any instructions
provided by us either in writing or verbally.
The warranties on certain parts may vary due to their original Manufacturers’
warranty conditions. The Customer will be informed of this.
Any warranty granted by the Garage applies directly to the Vehicle. If the Customer
sells or otherwise transfers the ownership of the Vehicle to another party, that party
shall remain entitled to the benefit of the warranty for the remainder of the Warranty
Period.
INSURANCE CLAIMS If the Work to be carried out on the Vehicle is the subject of
an insurance claim, you (or the policyholder if they are not the same person) may be
required to sign documents required by the insurer to authorize payment to the
Garage for the Work.
We shall not be responsible for any delays in completing the Work and / or returning
the Vehicle to you where such delays arise out of the actions of the insurer including,
but not limited to, the withholding of payment.
CANCELLATION The Customer has the right to cancel the work at any time, subject
to the provisions below.
If Work has commenced, the Customer will be required to pay for all labour and parts
used up until the point of cancellation and shall be invoiced for the same. The
provisions of Clause 4 shall apply to the payment of any such invoice.
Any parts ordered and paid for in advance will be non-refundable in any
circumstances.
Notwithstanding any payment the Customer may make for parts under sub-Clause
10(b) and 10(c), those parts shall remain the property of the Garage and we shall
remain at liberty to use them or dispose of them as we see fit until we have received
payment in full.
INSURANCE & LIABILITIES The Garage shall have in place at all times suitable and
valid insurance which shall include public liability insurance.
The Garage’s total liability for any loss or damage caused as a result of its
negligence or breach of these Terms and Conditions shall be limited to the extent of
this insurance. We shall, under no circumstances, be liable for any consequential
loss or damage whatsoever.
The Garage is not liable for any loss or damage suffered by the Customer which
results from the Customer’s failure to follow any instructions or recommendations
given by the Garage or by the Manufacturer.
The Garage is not liable for any loss or damage suffered by the Customer from the
storage of its vehicle or the vehicle’s contents at the Company’s premises.
Nothing in these Terms and Conditions shall limit the Garage’s liability for death or
personal injury.
The Garage shall indemnify the Customer against any costs, liability, damages, loss,
claims or proceedings arising out of the Garage’s carrying out of the Work or any
breach of these Terms and Conditions.
The Customer shall indemnify the Garage against any costs, liability, damages, loss,
claims or proceedings arising out of the Customer’s failure to meet any of its
obligations or any other breach of these Terms and Conditions.
CONSUMER RIGHTS
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as
a consumer, including those arising out of The Supply of Goods and Services Act
1982 or any amendments thereto. For more information about your statutory rights,
please contact the Citizens’ Advice Bureau.
ABUSE
We will not tolerate any abusive behaviour, language or threats to any staff or other
customers, whether in person, on the telephone or in writing. Anyone behaving in
this manner on the premises will be asked to leave and the police will be contacted if
required.
DATA PROTECTION We will retain your details and hold them on a secure database
for the purpose of direct marketing. If you wish to be removed from our database,
please write to us to let us know.
Subject to the exceptions in sub-Clause 16(b), we will not share your personal data
with any third parties for any reasons without your prior consent. Such data will only
be collected, processed and held in accordance with our rights and obligations
arising under the provisions and principles of the Data Protection Act 1998.
We have the right to pass on any personal information provided by the Customer to
relevant authorities including, but not limited to, the DVLA and the police. In the
event that the Customer is in breach of these Terms and Conditions, we may also
pass on any such information to credit reference agencies and debt recovery
agencies.
CMS AUTO SERVICE LTD - AA Approved Garage
Unit 5b, Hewell Road,Redditch, Worcestershire, England, United Kingdom
Telephone: 0152762478 - Mobile: 07748 436 252
Copyright © 2018 CMS Auto Service LTD - All Rights Reserved.
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