Terms and Conditions: Customer’s Signature: ........................
In these terms and conditions (a) “the Company” means the company whose details appear on the front of this form (b) “the Customer” means the person, the firm or organisation by or on behalf of whom vehicles are left for services under these Terms and Conditions (c) The Customer will ensure that their “Authorised Driver” will comply with these Terms and Conditions (d) “Vehicle” means the vehicle described overleaf by the Company (f) “VBIR” means Vehicle Booking & Inspection Report which is carried out before any vehicle is collected by the Company or left or given by the Customer to UK Parts for services.
All our deals are based on exchange basis, whether it is supply or supply and fit, if it is supply only we must have the exchange engine back within 10 working days after the new engine has been received. If there is no exchange engine then we will charge the customers a surcharge OF £350.00 to £500.00 plus vat depending on what engine it is.
1. The Company agrees to provide products and services and the Customer agrees to purchase products and services based on the Terms and Conditions as set out herein. The agreement meaning an initial verbal agreement that becomes a written agreement which is both dated and signed by the Customer.
2. Product meaning a bare engine, gearbox or other unit which includes all internal components. All ancillary unit components can be supplied and fitted at the request of the Customer at additional cost. Bare engines consists of the cylinder head, block, sump and all internal components and it does not include any "ancillary parts" such as; water pump, Diesel pump, clutch, distributor, electronic sensors, starter motor, alternator etc. All of these items will be transferred from your existing engine to the replacement unit. The Company will contact the Customer if and when such a request is required to complete the unit(s) replacement by the Company.
3. Service meaning labour, the use of machinery and the use of diagnostic testing technology, etc.
4. The Customer will pay the Company on demand for all charges due hereunder including where relevant, sums in respect of “VBIR”, surcharges, additional charges and VAT or other taxes thereon.
5. VBIR are carried out by the Company. There will be no additional charge for the VBIR. The Company will always require that the Customer purchasing the Company‟s products and services have the relevant details to match credit information and data and reserves the right to make enquires to the relevant banking or financial authority for clarification of Customers details. Customers who leave vehicles on the Company‟s premises should be aware that our insurer will not accept liability for any loss or damage caused to the vehicle while at the Company‟s premises. If the car is stolen from the Company‟s premises our insurer will comply in these circumstances. The Customer agrees to put the Company in the same position as if it would have been in if any breach of the relevant terms and conditions had not occurred. The Customer must inform the Company immediately of any changes to information, data or person(s) concerned with booking or payment of products or services from the Company. The Customer‟s own insurance must be arranged concerning loss or damage to vehicle left at Company‟s premises. The customer will use their best endeavour to supply the Company with details of any other Company involved or concerned with supplying additional products or carrying out specific services on behalf of the Customer and their vehicle. The Company is not liable for any products or services provided or carried out by a third party.
6. The conditions of “Warranty” meaning parts and labour over an agreed period of time (see initial contract) will be awarded to the Customer.
7. The Supply & Fit Warranty will not cover:
a. Fault or malfunction of ancillary components (e.g. radiator, water pump, carburettor/fuel injection system, ignition system, ECU, distributor, coolant hoses, temperature, RPM or oil gauge, etc) except where the Company has supplied the component(s).
b. The recollection of Customer‟s vehicle
c. Where the Customer has hired a vehicle the Company is not responsible for the cost of that hire or the loss of paid work
d. Where the Customer uses the vehicle for
racing, pace making or speed testing. The Company has diagnostic technology to detect such conditions. c. As result of insufficient coolant or lubricant. d. Where the initial invoice or contract is not 100% paid in full. e. Engine or gearbox unit services carried out by a third party.
f. The Company‟s warranty is not transferable.
8. The Supply „ONLY‟ Warranty will not cover:
a. Faulty or malfunctioning of parts other than those part(s) supplied by the Company is the full responsibility of the Customer
b. Where the Customer has had a third party fit an engine supplied by the Company and the customer claims that engine (unit) is faulty or malfunctioning the Company will have to have the engine (unit) returned for diagnosis before the company send another unit for the customer.
c. In the event the fault or malfunction is found and it is the fault of the Company the Company will replace or exchange the engine (unit) or part(s). in the event that the customer or his/her third party fitter repeatedly claim that the engines supplied by the company are faulty and do not give the chance to the company to investigate, where it becomes obvious to the company that the third party (fitter's) knowledge about fitting the unit is not sufficient, the company reserves the right to stop supplying repeated units to the third party. Once the company had a chance to investigate the matter and if it is found to be the company's fault, the company will offer the customer free collection of the vehicle (UK main land Only) and fit the unit into the vehicle free of charge.
d. In the event the fault was diagnosed to be the Customers‟ fitter‟s fault the Customer will be fully responsible for all costs incurred including the costs the Company has incurred i.e. admin costs, diagnostic charges, transportation, labour, etc.
9. The Company will not accept any liability for any parts (internal or ancillary) which have been removed by a third party on the behest of the Customer.
a. The Company is not responsible for the malfunction of any ancillary or any other car part other than the part(s) the Company has supplied.
10. The Company deserves the right to a 30% penalty charge when the Customer cancels their “Supply and Ship” order within 24 hours of placing initial order.
a. In the event the Customer wishes to abort (stop) a supply and fit contract during an actual supply and fit the Company deserves the right to charge the Customer for the labour and administration costs up until that date and time.
11. All Customers must put their complaint or cancellation request in writing. Telephone complaints are noted but not binding as the Company does not record telephone conversations.
12. The Customer must arrange their own insurance on their vehicle; the cover must be comprehensive enough to cover any loss or damage to Customers‟ vehicle while at the Company‟s premises. The Company reserves the right to ask for satisfactory proof of the Customer‟s insurance prior to the commencement of a service contract. The Customer is responsible for ensuring the vehicle is properly taxed, M.O.T.‟d and insured from the time of actual confirmed booking till 12 hours following the termination of a contract and indemnifies the Company against the loss incurred or damage to the vehicle. In the event that additional parts or services to the Customer‟s vehicle are required the Company will first contact the customer prior to undertaking any such additional repairs or services and get authorisation to undertake this. The Company may at its discretion accept payment from the Customers insurer; however ultimate responsibility for charges for additional parts or services is with the Customer.
13. The Customer acknowledges that notwithstanding the provisions of (3) (4) (5) (6) (7) and (8) above that it is their duty to ensure that all personal objects placed by Customer inside the vehicle be removed by the Customer for safe keeping and that all reasonable care is taken when delivering vehicle to Company premises against any possible loss of accessories as a result of theft or damage caused by their error or their servants or agent‟s error.
14. a. The Customer undertakes to return to the
Company within a designated period to pay for products and services carried out on Customer‟s behalf.
b. If the Customer undertakes to send a servant or
agent to pay for and pick up Customer‟s vehicle it is the Customer‟s responsibility to ensure that the individual doing so on their behalf has the appropriate authority to carry out that payment procedure.
15. The Customer undertakes to return at the dated intervals suggested by the Company‟s Parts and Labour Warranty (see above).
a. If the Customer makes no attempt to fulfil what is suggested by the Warranty. The Customer should know the Company deserves the right to fulfil or not to fulfil any Warranty that a Customer has not fully complied with the procedures laid out within the Company‟s Warranty.
b. It is also the Customer‟s responsibility to call the Company to receive progress reports and service updates on their vehicle
16. In the event the Customer requests the Company to remove and dismantle a engine or gearbox unit for assessment „ONLY‟ and the Customer decides not to have the Company supply and fit one of the Company‟s unit(s) then:
a. The Company deserves the right to a surcharge of labour + VAT up until that date and time. b. All parts from the Customer‟s unit will be placed into the boot of the Customer‟s vehicle. c. The Customer‟s credit/debit card details will be held until the surcharge has been 100% fully paid.
17. In the event the Customer has insufficient funds to settle their invoice or, the Customer does not collect their vehicle within 3 days of initial contract being completed the Company will store the Customer‟s vehicle without liability to the Company at a storage charge of 10.00 GB pounds + VAT per day, which the Company will add to the Customer‟s initial contract cost. If the Customer‟s vehicle is not removed within 30 days of initial Customer‟s contract completion date the Company reserves the right to dispose of the Customer‟s vehicle to claim compensation for contractual work carried out by the Company.
a. The Company undertakes to provide products in good working order and services that are satisfactory throughout the length of the service package period. The Company undertakes to place the Customer in the same position and not a worse situation then before the Customer came to the Company. The Company will collect Customer‟s vehicle free of cost if the vehicle is within 100 miles radius of the Company‟s premise. If the vehicle falls outside that radius an additional surcharge of 1.00 GB Pound + VAT will be charged for every mile over that 100 mile limit.
18. Where after collection and still under parts and labour warranty the vehicle develops a fault owing to any reason or another, the Customer undertakes to inform the Company immediately and not to use the vehicle while it is in a UN roadworthy condition.
19. a. In the event that the Customer‟s vehicle
takes longer to be serviced than was first agreed the Company will notify the Customer as soon as this situation is known. b. If the servicing of a Customer‟s vehicle cannot be completed and has to be extended beyond the initial contract specification for whatever reason the Company will notify the Customer for authorisation to stop or to carry on servicing the Customer‟s vehicle. c. In the event of an extension the Company cannot reverse the original agreement and give the Customer back their old failed unit.
d. In the event the Customer has to travel a fare distance to collect their vehicle it is agreed that the Customer get a confirmed notification from the Company before travelling.
18. The Customer or Customer Authorised Driver of the vehicle will in no way be deemed to be an agent, servant or employee of the Company.
19. The Company will at the Customer‟s request do all required for the Customer on their behalf and/or on the behalf of the Customer‟s insurer.
20. The Company will not either on its own behalf or on the behalf of the Customer‟s insurers, waive any Company rights hereunder except in writing signed by a duly authorised representative of the Customer or the Customer‟s insurers respectively.
21. The Company reserves the right not to reimburse any Customer in excess of 10.00 GB pounds not authorised in advance by the Company.
22. If the Customer is a company or other organisation for which a credit account has been opened these terms and conditions must be read in conjunction with the Business to Business Terms and Condition of trading given to the Customer at the time of opening the account as varied from time to time. In the event of any inconsistencies the Business to Business Terms and Conditions will prevail.
23. The Customer acknowledges that the Company is entitled to charge any credit charge or debit card nominated at the time the contract is affected for any charges due to the Company pursuant to this agreement.
a. In the event the Customer pays the Company by cheque the Company will not start the contact until the cheque has cleared at the Company‟s bank.
24. If the Customer has chosen to pay in a currency other than that used by the Company when the contract was prepared, that choice has been made in the knowledge that the Company has used an Exchange Rate based on a commercial exchange rate supplied by HSBC Bank, plus 2.75%. This service is provided by the Company and the customer accepts that a choice of currency was available and that their decision is final.
25. There are no refunds on units (or products) supplied on exchange basis (within the UK) or internationally.
26. In the event the Customer requests the Company to exchange or replace a unit (or product):
a. Please call: 0121 525 0201 if your unit or product has arrived damaged.
b. If the unit (or product) arrives damaged, you may return it for a replacement to UK PARTS, Unit 2, Sams Lane, West Bromwich, West Midlands, B70 7ED
c. Please allow 21days for your replacement to arrive. Be sure on applying for a replacement a copy of the invoice and warranty is sent to the Company that was supplied to you after returning your old failed unit (or product).
25. In the event that warranty becomes an issue for our supply and fitting customers, we aim to rebook customer's cars that are under warranty within two weeks. If UK parts could not accommodate the investigation and repair of the vehicle under the warranty within a reasonable period (normaly 2 weeks), we may accept engine repair work to be carried out by an appropriate third party; however, full written permission must be obtained in advance from UK Parts. This will also apply if any damages occur to the vehicle during the time that the vehicle is under repair.
I Mr/Mrs………………………………………….. AGREE TO THE TERMS OF THIS CONTRACT.
Date: ___________________________________________________________________________
Signature: _______________________________________________________________________
CUSTOMER’S NAME IN CAPITALS (Or Agent acting on Customers’ behalf):