1.1 The definitions in this clause apply to these Terms:
Administration Charge: a payment to reimburse our overheads
Annual Service: the annual car service provided to you as described in schedule 1 of this document.
Force Majeure Event: shall have the meaning given in clause 8.
Order: The order for a fixed price service package of up to five Annual Services, as attached to this document
Order Terms: the terms set out in this document.
Services: the services that we are providing to you as set out in your Order;
Vehicle: The car described in the Order
We/us: West Wycombe Motors
You/Your: the customer named in the Order
Writing or written: includes faxes and e mails.
1.2 Headings do not affect the interpretation of these Terms.
2 BASIS OF SALE
2.1 (a) We consider these Terms, the Order and our price list to set out the whole agreement between you and us for the supply of the Services. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
(c) Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by the Terms once you have signed.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or
published solely to provide you with an approximate idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 You may at any time within 14 calendar days of placing your Order cancel your Order by providing us with written notice. If you cancel your Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us for it.
2.5 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the services are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
3 QUALITY OF SERVICES
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
(a) conform in all material respects with their description;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;
(d) are free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not onform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.3 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.
3.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
3.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.6 We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.
4 PROVISION OF SERVICES
4.1 We will supply the Services to you from the date set out in the Order.
4.2 The Services will be supplied annually on or about the anniversary of the first Annual Service that We provide with the Order for a period of 5 years or until otherwise terminated in accordance with these Terms.
4.3 We will contact you a reasonable time before each scheduled Annual Service to remind you of the date and time of your Annual Service. You may rearrange the date and time of each Annual Service with no cost to you. In the event that you cancel a pre-booked, and pre-confirmed appointment more than 7 days before the scheduled date, a charge of £75.00 will be payable, and if you cancel on or within 7 days of the date of the scheduled Annual Service that has been pre-booked and pre-confirmed, you will pay a charge of £100.00.
4.4 We will make every effort to complete each Annual Service on time but there may be delays due to circumstances beyond our control. In this case we will complete the Annual Service as soon as reasonably possible.
4.5 We may have to suspend an Annual Service if we have to deal with technical problems, or to make improvements to the Annual Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.6 We reserve the right to charge a storage fee at the rate of £30.00 per day, which will commence 24 hours after completion of repairs. Payment in full will be reqiured prior to release of the car back into your custody.
5 DEFECTIVE SERVICES
5.1 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will:
(a) provide you with a full or partial refund ,depending on what is reasonable; or
(b) re-perform the Services.
5.2 These Terms will apply to any replacement Services we supply to you.
6 PRICE AND PAYMENT
6.1 The price of the Services will be as set out in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
6.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
6.3 We may invoice you for the Services at any time after we have provided each Annual Service to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies on the day of the Annual Service by debit card, credit card or BACS, unless credit terms have been agreed.
6.4 If you do not make any payment due to us by the due date for payment (as set out in clause 6.3 ), and if prior agreement has not been made for payment to be deferred, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with the overdue amount. For any pre-agreed deffered or late payment, an administration charge of £5.00 will be made for each and every individual payment made. A late payment is one made more than seven days after the invoice date.
6.5 Upon completion of each Annual Service We will have a right to a lien on your Vehicle until We receive full payment of our invoice. If We exercise this right, We will store the Vehicle under the lien until full payment is made and We will charge a storage fee of £30.00 per day. If payment is not made within 28 days We will sell the Vehicle and use the proceeds to pay the amount due to Us under this agreement; the remaining proceeds of the sale will be paid to You.
6.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.
6.7 clause 6.4, clause 6.5 and clause 6.6 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
7 LIMITATION OF LIABILITY
7.1 Subject to clause 7.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
7.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
7.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8 EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
9.1 This Agreement shall terminate on the earliest of the following events:
9.1.1 On the end date specified on the Order
9.1.2 On the Vehicle having received all Services covered by this Agreement
9.1.3 On being terminated by You or on Your behalf under clause 9.3 or clause 9.4
9.2 Termination will not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms
9.3 This Agreement may be terminated by You or on Your behalf:
9.3.1 On Your death, serious illness or disability such as to prevent you driving
9.3.2 On the theft of the Vehicle where the Vehicle is not recovered or is damaged beyond repair
9.3.3 On the Vehicle being declared by an insurance company to be a total loss as a result of accident damage.
9.3.4 If You sell the Vehicle and do not get a replacement car
9.3.5 If You move to an address more than 25 miles distant from West Wycombe Motors.
9.4 You may also cancel the Agreement by at least 30 days before any scheduled Annual Service (i) confirming cancellation in writing and (ii) paying a cancellation fee of £75, which is a pre-estimate of the likely average loss sustained by us in the event of cancellation.
10.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights unde these Terms.
11.1 All notices sent by you to us must be sent to West Wycombe Motors at Old Oxford Road, Piddington, HIGH WYCOMBE, Bucks, HP14 3BE We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12 DATA PROTECTION
12.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
13.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any o our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
13.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
13.5 The low mileage user discount will be automatically applied to any pre-booked service where the car that has travelled less that 5,000 miles since the previous service. The family discount will be applied for any household with more that one car registered on the West Wycombe Motors fixed price service package scheme.
13.6 A free MOT test will be provided, so long as the MOT Test is carried out at the same time as a service then no charge will be made for this test. However, if an MOT Test falls due on a different date to that of a service, or an instruction is made to carry out an MOT test on a different occasion to the service date, then a charge for the MOT test will be made. The fee for an MOT Test will be at the standard rate issued by the Vehicle Inspectorate.
13.7 Brake linings will be replaced, on an as needed basis, and free of charge; this includes parts and labour. It does not include replacement of parking brake shoes/pads. An additional reasonable charge may result as a consequence of the brake linings being replaced, such as time spent dealing with seized or broken parts that may be associated with such work.
13.8 Service parts required will be fitted free of charge, and selected from a free kit that includes engine oil and filter, spark plugs, fuel filter, pollen filter and air filter, cam cover gasket, anti-freeze, gear oil, transmission fluid, wiper blades, external bulbs, external drive belts, white & multi-purpose grease, screws, nuts, bolts & washers.
13.9 West Wycombe Motors Limited will pro-actively attempt to ensure that the vehicle is serviced and MOT'd at the correct mileage and date. This is achieved by pre-booking in advance service appointments, carrying out when appropriate regular mileage checks, and service reminders. Whilst West Wycombe Motors will make every effort to make sure that car is serviced at the correct date and mileage, the responsibility remains with owner of the car for accurate servicing, particularly where complying with warranty terms are concerned. West Wycombe Motors will accept no liability for any mechanical/electrical failures or the invalidation of a warranty where West Wycombe Motors have failed to notify the customer that a service is due.
13.10 For each and every routine service, the customer will be given an option to have car collected and delivered, within a ten-mile radius of Piddington HP14 3BE. This service must be pre-arranged at least 4 weeks in advance. Vehicles collected outside of a ten-mile radius may be subject to an additional charge; any proposed charge will be confirmed prior to such work being carried out. At all other times, a fee will be made for the collection and delivery of the car.
13.11 Any customer requiring an emergency repair to their vehicle, the job will be fast-tracked through the workshop booking system. A guarantee is given that a vehicle in need of an emergency repair will have a diagnostic assessment started within five minutes of the vehicles' arrival at the workshop, on condition that a minimum of 2 hours advance notice is given. The car will then be allocated the first available slot in the existing workshop commitments for the actual repairs to be carried out. An emergency is considered a mechanical or electrical failure that renders the car unusable. The decision to classify a car to be a beneficiary of the emergency fast track service will be made by West Wycombe Motors. Failure by West Wycombe Motors to meet the fast track time objective will entitle the customer to either a discount of £30.00 off any related work charged for, or in the event that the repair is a West Wycombe Motors internal warranty repair (as opposed to an extended warranty) a payment will be made to the customer of £30.00 by way of compensation.
13.12 A warranty claim administration service is provided at the rate of £39.60 per claim. West Wycombe Motors charge a fee of £79.60 to over see or project manage a manufacturers warranty repair. These fees cover administration time only, and do not include diagnostic time, non-warranty consequential costs, costs associated with collection and return of the vehicle, and the cost to provide a loan car.
13.13 For any car registered on the West Wycombe Motors fixed price service scheme, unless it is a free or subsidised repair operation as defined in these terms and conditions, all other repair operations are chargeable, at the prevailing hourly labour rate, and parts charged for at the standard price set by West Wycombe Motors. The customer will be responsible for making him/herself available at all times that the car is in the custody of West Wycombe Motors Limited. Where it is established that additional work that falls outside the scope of the fixed price service scheme , such work will not be carried out without authorisation from the customer. The customer accepts that where essential work is required but suspended, because efforts to make contact with the customer to gain authority to carry out such work have been unsuccessful; in such circumstances West Wycombe Motors reserve the right to charge the customer a fee at the rate of £49.50 for each hour that a job has to be suspended, after an initial period of down time of thirty minutes.
As a vehicle ages, many components corode and/or degrade, and resulting maintenance can result in unforseen consequences such as but not limited to stripped and damaged female screw threads, broken studs, bolts and brake nipples, broken off glow plugs, seized common rail injectors, seized injector copper washers, broken and damaged fuel and brake pipe connections. We strive at all times to mitigate the risk of such events occuring. In circumstances where breakages or damage to coroded and/or degraded components occur as a result of intervention by us during maintenance work or a specific repair operation, you will be liable for the supplementry costs associated with such work. You will be informed of the additional repair costs prior to commencement of such work. (be aware that in some cases this type of work can very costly).
13.14 The following parts will be replaced free of charge, up to 12 months from the date of the service or up to 20,000 miles, (whichever occurs sooner or up to the day before the next regular service is carried out): brake pads, brake shoes, oil filter, spark plugs, fuel filter, pollen filter, air filter cam cover gasket, anti-freeze, gear oil, transmission fluid, wiper blades, external bulbs, external drive belts, re-aligning head lamp aims, re-sealing leaking exhaust joints, re-balancing wheels, adjusting wheel bearings, flushing out blockages to washer bottles and filters, adjusting & cleaning out blocked washer jets. (A
reasonable fee will be charged in cases where extra time is required to complete a particular task, over and above the manufacturers recommended repair times).
13.15 Breakdown and recovery service within a seventy five-mile radius of Piddington is available. There is a minimum local call out charge of £96.00. The actual fee will be confirmed prior a recovery commencing. West Wycombe Motors reserve the right to levy a surcharge in the event that difficulties or delays to the recovery process occur that are beyond the control of the recovery driver.
13.16 A loan of a vehicle will be made; subject to the owners' own car being in the custody of West Wycombe Motors for the purpose of a service, mechanical, electrical or body repair, and it is provided subject to availability and the following conditions. The customer will pay an administration fee of £30.00 for the unlimited mileage use of the car provided, up and until the time it is requested for return by West Wycombe Motors.
The customer will arrange and maintain COMPREHENSIVE INSURANCE cover, at his/her own expense, with liability to pay any uninsured excess for the loan car whilst in his/her possession. West Wycombe Motors reserve the right to be provided proof of proper insurance in writing, or e-mail before the commencement of the loan of the car.
Return of the loan car will be on or before such a date as may be specified by prior notice to the customer, either verbally or in writing.
West Wycombe Motors will be responsible for all repair and maintenance costs to the vehicle and for the provision of a current MOT certificate and valid road fund licence; all maintenance will be carried out by West Wycombe Motors, unless otherwise authorised.
It is the customer's responsibility for any damage caused to the mechanical/electrical condition of the vehicle by the failure to observe and check at regular intervals the level of the engine oil, and other lubricants, water and anti-freeze if appropriate, and tyre pressures.
The customer will be responsible for the cost of repairing damaged and punctured tyres and damaged wheel trims.
The loan car will only be driven by the customer named or by a driver authorised by West Wycombe Motors Limited, and the vehicle will only be used for social, domestic and pleasure, or for the customer's own business purposes.
The customer will accept responsibility as custodian of the vehicle, in respect of compliance with the Road Traffic Act 1984.
The loan car will be returned with the same amount of fuel in the tank as at the commencement of the loan. In the event that this is not done, West Wycombe Motors Limited will charge £30.00 to make the necessary arrangements for the fuel needed to return it to its original volume. In addition a charge will be made for the amount of fuel used.
At all times a loan car will remain the property of West Wycombe Motors, and it will be illegal for the customer to attempt to sell or otherwise dispose of it in any way.
In the event that the car sustains minor damage whilst in the custody of the customer, West Wycombe Motors reserve the right to charge the customer for the repair costs where an insurance claim is not considered to be possible or appropriate.
13.17 A specialist engine de-carbonisation service, Terraclean is available from West Wycombe Motors. This treatment will involve the connection of a Terraclean machine to a vehicle. During the treatment process the machine will serve as the vehicle's fuel tank, and fuel pump, and the engine will be running at approximately 2,000 r.p.m., for up to an hour in a static position, while a modified fuel is run through the engine. During this treatment process, if the engine and in particular the cooling system are not functioning correctly there may be a risk of the engine overheating or malfunctioning.
The supervising technician's primary responsibility will be to carry out the Terraclean de-carbonisation treatment, and every reasonable effort will be made to monitor the engine & cooling system during the Terraclean treatment process, for any signs of engine overheating and/or malfunction. If it is identified at any time during the Terraclean treatment, that the engine is malfunctioning or overheating the process will be promptly terminated.
The technician performing the Terraclean treatment, can not necessarily assess the vehicle for possible problems relating to engine malfunction or overheating, until the operation is under way, and will be unable to continuously monitor the process for cost reasons. If it is known to the vehicle owner that the potential for the engine to overheat when idling or in slow traffic, the Terraclean treatment should not be carried out.
It will be assumed by West Wycombe Motors that in the event that a instruction to carry out a Terraclean treatment is given, that the engine and in particular the cooling system operate correctly, and full liability for any mechanical damage, that may occur to the engine (including cam belt failure) will be borne by the vehicle owner of custodian, along with any financial losses that may result as a consequence of the vehicle overheating/malfunctioning during the Terraclean treatment process. If a Terraclean treatment is terminated before it is completed, due to engine malfunction or overheating, the Terraclean treatment will be charged at full price.
13.18 PRICES, RATES, & DISCOUNTS: These are available on request.