Lanes Cars Workshops Limited – Terms and Conditions of Business
Vehicle Sale – Terms and Conditions
1.a) The Seller or supplier of workshop services will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. (The Seller shall not be obliged to fulfil orders in a sequence which they are applied) (b) If the seller shall fail to deliver the goods in this contract the contract shall be cancelled after all works or preparation have been completed the purchaser must pay the balance due and take delivery.2. If the goods to be supplied are new, nearly new or used, the following provisions shall have effect: (a) this agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer, Concessionaire or Supplier may from time to time lawfully attach to the supply of the goods or the resale of such goods by the Seller and the Seller shall not be liable for any failure to deliver the goods occasioned by their inability to obtain them from the Manufacturer/ Concessionaire or Supplier or by their compliance with such terms or conditions. (b) the Seller undertakes that they will use their best endeavours to obtain for the Purchaser from their Supplier any warranty or guarantee given by them to the Seller or to the Purchaser in respect to the goods. (c) not with standing the sum for Purchase specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally to pay or becomes legally bound to pay for the Purchase in respect of the goods and notwithstanding also the sum for Value Added Tax specified in the order, (or such VAT due subject to changes in legislation) the sum payable by the Purchaser in respect thereof shall be such sum the Seller becomes legally liable for at the time the taxable supply occurs;(d) if after the date of this invoice and before delivery of the goods to the Purchaser the Manufactures, Concessionaire or Supplier’s recommended price for any goods shall be altered, the Seller shall give such notice of any such alteration to the Purchaser (e) In the event of the Manufacturer/ appointed sub-contractor or another specialist that the seller chooses to complete various aspects of works in completing works to clients vehicles or our Supplier of the goods described in the order ceasing to make or supply of that type or specialist work, the Seller may (whether the estimated delivery date has arrived or not) by notice to the Purchaser, cancel the contract (f) (Trade Descriptions Act 1968) All speedometer readings of vehicles or goods supplied by the Company must be considered incorrect as we are unable to confirm the mileages recorded. (g) vehicles supplied may not be to manufacturers specification due to age of vehicle and after market components that may be fitted. (h) vehicles supplied may also have been LHD and converted to RHD and visa versa. (i) vehicles supplied may have been previously registered abroad or manufactured.3.If the contract is cancelled under the provisions of clauses 1 or 2 hereof the Seller shall be under no further liability. 4. If the Purchaser shall fail to take and pay for the goods within 7 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Seller’s right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchaser’s default.(b) All deposits paid are not refundable if the company has incurred costs that exceed the deposit paid or if cost incurred by the company. (c) a minimum charge of 30% will be taken from all deposits paid if for any reason a purchaser cancels an order to purchase a vehicle from the company5. The goods shall remain the property of the seller until the price has been discharged in full. A cheque or payment of monies due given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared. Outstanding accounts or invoices may attract an interest surcharge calculated on a daily basis at 2.5% per calendar month.6. Where the Seller agrees to allow part or the price of the goods to be discharged by the Purchaser delivering a Used Motor Vehicle or goods to Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the following further conditions: (a) (i) that such used vehicle or goods is the absolute property of the Purchaser and is free from all encumbrances; or (ii) that such used vehicle is subject of a hire purchase agreement or other encumbrance capable of cash settlement by the Seller, in which case allowance shall be reduced by the amount to be paid by the Seller in settlement thereof. (b) that if the Seller has examined the said used vehicle or goods prior to his confirmation and acceptance of this invoice, the said used vehicle or goods shall be delivered to them in the same condition as the date of such examination (fair wear and tear accepted) (c) that such used vehicle shall be delivered to the Seller on or before delivery of the goods to be supplied by him here-under, and the property in said used vehicle shall there upon pass to the Seller absolutely; (d) that without prejudice to (c) above such used vehicle shall be delivered to the seller within 7 days notification to the Purchaser that the goods to be supplied by the Seller have been completed for delivery; (e) that if the goods to be delivered by the Seller through no default on the part of the seller shall not be delivered to the Purchaser within 30 days after the date of this order or the estimated delivery date where that is the later the allowance on the said used vehicle shall be subject to reduction by an amount not exceeding 4% or £500 whichever is the greater for each completed period of 30 days from delivery to the purchaser of the goods. (f) that such vehicle odometer reading is true and accurate. In the event of non-fulfillment of any of the foregoing conditions other than (e) the Seller shall be discharged from any discharged from any obligation to accept the said used vehicle or to make any allowances in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller. Should any non-fulfilment of the above condition occur after accepting the vehicle the Purchaser shall make good any losses resulting from such a discovery.7. Any notice given here-under must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received in due course of post.8.No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company Owner of Lanes Cars Workshop Ltd. No other person has any authority to alter or qualify in any way the above-printed conditions or to enter into any contract for any their purposes set out in the preamble above on behalf of the Company otherwise than on such condition. The Purchaser accepts these terms and conditions on receipt or by signing an invoice or any other documentation.9. Notwithstanding the provisions of this agreement, the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the goods have been completed for delivery to arrange for a finance company or lender to purchase the goods from the Seller at the price payable here-under. Upon the purchase of the goods by such finance company or lender the preceding clauses (other than clause 2 (b) of this agreement) shall cease to have effect, but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser shall be bought by the Seller at the price equal to such allowance upon the conditions set forth in clause 5 /6 above (save that in 6 c), (6/d) and (6/e) thereof references to “delivery” or “delivered” in relation to “the goods” shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company or lender and the seller shall be accountable to the finance company or lender on behalf of the Purchaser for the said price and any deposit paid to them under this agreement.10. The Seller shall be under no liability if they shall be unable to provide the goods for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, strike or any other action taken by employees.11. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.12. The goods shall remain the property of the Company until the stake price has been discharged in full. A cheque, credit card payment or any monies accepted by the Company in payment shall not be treated as full discharge until the same has cleared.13.Risk Passes on delivery14.(No terms or these terms and conditions of this agreement are intended to affect, nor will affect, a consumer’s statutory rights under the sale of goods act 1979 or the Unfair Contract Terms Act 1977 or any amendment thereof). 15. Clear title of goods supplied only pass on clear funds received by Lanes Cars Workshops Limited.
Servicing and Repairs – Terms and Conditions
Lanes Cars Workshops Ltd T /a Lanes Cars Terms & Conditions of Business
We Lanes Cars Workshops Ltd T/a Lanes Cars (hereinafter called ‘The Company’ accept vehicles (as hereinafter) for repair, for examination with the view to estimating for repairs, for garaging or pending sale or for any other purpose, only on and subject to the following terms & conditions (in addition to any conditions stated on the face hereof:- 1. Estimates are effective only for 28 days after dispatch. If instructions are not received from a customer (in response to an estimate rendered) within 28 days from dispatch of the estimate, the Company may charge its usual garage rates from the date the vehicle was received until its collection. (Note:-The Company does not as a general rule make such charge for garaging pending instructions, if the repairs are ultimately carried out by the company and duly paid for) 2. All estimates by the company are based on the current cost to the Company of labour, material and replacement parts at the date of the estimate, and in the event of any variation occurring before or after acceptance, the Company may if it thinks fit require the Customer to pay on completion of the work may increase due to such variation. If no price is stated or in part only of the work covered by the estimate is carried out by the Company shall be entitled to charge a reasonable and deemed fair price for the work carried out (including any stripping down or diagnostic work leading to determination as to the practicability or other wise of any work and reassembly) and for materials and replacement parts supplied.(ii) If in the opinion of the Company it is impracticable for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given therefore) and to carry out only such work as in the opinion of the Company may be practicable. 3. Variation of any kind in estimate, or the scope of the repair, of the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a ‘deviation from the contract’, nor shall act disentitle the Company to benefit of any of these conditions. 4. Every endeavour will be made to carry out the instructed work by the time desired, but the Company shall not be liable for any delay howsoever occasioned and this notwithstanding that a definite date for completion may be specified. 5. Any work done or goods supplied in relation to a vehicle, by the order of any driver in the customer’s/ clients employ, or by any person who is reasonably believed to be acting as the customer’s/clients agent, or by the order of any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the customer/client. 6. Payment for all repairs and/or replacement parts supplied is due on completion of work, but the Company may require a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions when notice has been given that the vehicle is ready for collection. 7. The Company shall have a general lien on a vehicle and all its contents for all monies owing to the Company by the customer/clients or any account whatsoever. The Company shall be entitled to charge garaging rent during any period in which the vehicle is retained by the virtue of the lien. 8. If the customer’s/clients indebtedness to the Company is not satisfied within three months from the first account rendered to the customer/client, the Company may without notice, sell the vehicle and/or the contents thereof by public auction or private treaty. 9. Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same, the Company shall not be responsible to the customer/client for any loss or damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that the delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time connected with the customer. 10. If a vehicle is not collected, and the Company’s charges are not paid within 24 hours after the delivery of the vehicle to the Company, the Company may charge its current storage rent of £ 6.50 a day in respect of the vehicle from the date of completion or the repairs/service work until collection or disposal under section 8 hereof as the case may be. 11. In connection with any inspection, repair or contemplated repair, or any other purposes for which a vehicle is accepted by the Company, testing, taking the vehicle to a coachbuilders or any other specialists, demonstrations, etc, the customer/client is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere. 12. The Company is not responsible for loss or damage to vehicles or other property whatsoever howsoever occasioned, except when such loss or damage is caused by the negligence or deliberate act of the company or its servants. Under no circumstances will the Company accept liability for loss or damage outside its control of for any indirect or consequential loss or damage, except direct physical damage to persons or property. 13. The customer/client shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied or any sub-contractor. All work carried out by the Company is warranted against failure due to defective workmanship for a period of three months or 3000 miles, which so ever occurs the first. This warranty extends only to repairs actually undertaken & does not cover progressive fault diagnosis & paintwork is covered against defect for 12 months from date of invoice. It does not affect any statutory rights. 14. If work is undertaken in respect of the braking system of the customer’s/clients vehicle the Company will verbally advise the customer/client of work undertaken and the Company will not accept any responsibility for lack of performance of the braking of the customer’s/clients vehicle after completion of work or repairs undertaken. 15. All parts removed by the Company in course of repair shall, if not claimed by the customer/client within 14 days after the completion of the repair be deemed to be wholly abandoned to the Company and they shall become the Company’s absolute property accordingly. 16. Any notice to the customer/client posted to their last known address shall be considered to be good notice. 17. Save where the context forbids, the expression ‘vehicle’ wherever used in these conditions includes car, lorry, van, trailer, caravan, invalid carriage, motorbike, and cycle, and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery and each, and every component of a vehicle. 18. No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company Owner. No other person has authority to alter or qualify in any way the above printed conditions or to enter into any contract for any there purposes set out in the preamble above on behalf of the Company otherwise than on such conditions. The customer/client accepts these terms and conditions on receipt or by signing an invoice or any other documentation. 19. Unless otherwise stated, all service work undertaken is carried in accordance with the manufacture’s schedule and the Company does not offer credit facilities for servicing or repair work undertaken & payment is due on completion of work. NOTICE: Customers/Clients are strongly advised to remove all items of value not connected with the vehicle when leaving it on the Company’s premises since the Company cannot accept liability for any loss or damage to the same except in consumer transactions when it is shown to have been caused by a lack of reasonable care on the part of the Company
