Terms and conditions, Wilson & Co Classic Car Restoration LTD:
TERMS AND CONDITIONS OF BUSINESS
1. Definitions
1.1 “The Company” refers to Wilson & Co Classic Car Restoration LTD
1.2 “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company.
1.3 “The Conditions” refers to the terms and conditions of the Company’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of the Company.
2. Conditions
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company. The price of the work carried out is exclusive of VAT.
3.2 Payment of the price shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 25 days from date of invoice.
4. Orders / Estimates / Deposits
4.1 Estimates are valid for the date given. If instructions are not received from a customer (in response to an estimate rendered) within 24 hours, the Company may invoice for reasonable storage charges from the date that the vehicle was received until its collection. (Note: the company does not, as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for).
4.2 All estimates by the Company are subject to change caused by variations to the Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.
4.3 If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
4.4 The company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.
4.5. Orders received, for Goods and/or Services, from any driver employed by the Customer or by any person who is reasonably believed to be acting as the Customer’s agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be binding upon the Customer.
4.6 The Company may demand a deposit before commencing any work. The customer shall co-operate with the Company in all matters relating to the Services.
5. Delivery / Completion
Every effort will be made to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection. .The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work.
6. Payment
6.1 Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work. The goods and/or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services.
6.2 The Company shall have a general lien on all of the Customer’s vehicles and all of their contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.
6.3. If the Customer’s indebtedness to the Company is not satisfied within 28 days from the date of the first invoice to the Customer, the Company may without notice sell any vehicle owned by the Customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand
7 Credit Terms
Where Credit Terms have been extended to the Buyer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer exceeding the Credit Limit extended to the Buyer.
8. Remedies for late Payment
8.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period of 28 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.
8.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 5.1 above.
8.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 5.2 above.
8.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of the Company until all amounts owed are paid.
9. Title and Risk
Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
11. Disputes procedure and Jurisdiction
Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place.-It also complies with the Data Protection Act.
12. Work authorisation
Any additional work will need to be authorised by the customer due to fact the vehicle being on site and the customer not, we will accept authorisation over the telephone.
13. All parts removed by the Company in the course of the repair shall, if not claimed by the Customer within 24 hours after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
14. Warranty
Any warranty that applies to parts, the term of the warranty will be denoted by the manufacturer.
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.
15. Damage Liability/Damage to vehicle
The Customer is responsible for checking their vehicle for any damage before it leaves the Company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the Company.
16. Quality Control
Quality control is carried out on repair cars is approximately 10%.
17. Vehicle Storage
The Company will invoice £25.00 per day for the storage of any vehicle not collected within an agreed collection time following completion of agreed work.
18. Payment for Special Order Parts
Payment for parts which are a special order for the Customer must be paid for prior to work being carried out if the Customer vehicle is not on site.
These terms and conditions can be viewed within the Company’s reception area or the Company’s website www.wacccr.co.uk
19. Towing and vehicle collection services
19.1 loading and unloading:
All loading and unloading of vehicles onto our vehicles will be completed by our driver. There will be no exceptions.
If additional equipment is required to load the trailer i.e. a forklift/crane this is the responsibility of the consignor/consignee to organise and pay for this prior to our arrival.
In the event of additional equipment being required i.e. forklifts/cranes, the operator will be required to follow the instructions of the Towing Services driver regarding loading.
In the event of the vehicle not being as stated i.e. starts/drives/rolls and therefore requires specialist equipment in order to load, an additional cost will be incurred.
We allocate 20 minutes on site for loading/unloading. If the driver is kept waiting to load/unload then a waiting time charge of £60 per hour will be charged to the consignee.
If we arrive and we are unable to collect the vehicle/item through no fault of our own (i.e. the consignor refuses to release the vehicle/item) or the item is not as described (i.e. the item is over our payload weight) we hold the right to retain funds already paid.
If additional time is required for loading a vehicle due to poor access, undisclosed damage, seized brakes, no power, unable to release the vehicle from park etc, additional charges will apply.
19.2 Consignor/Consignee Load Responsibility:
It is the responsibility of the consignor/consignee to ensure that all items on the vehicle are secure for transport. We will not be held responsible for any items that fall off or any damaged caused to the vehicle from said insecure items during transportation.
It is the consignor/consignee’s responsibility to know the condition of the vehicle/item. Wilson & Co, accepts no responsibility in regards to the condition of the vehicle/item if it has been purchased unseen by the consignee.
Any discrepancies with the vehicle/items condition must be taken up with the consignor.
Wacccr Towing Services / Transport agent can give basic vehicle inspections i.e. check bodywork and report this to the consignee. However, this is subjective and Wilson & Co, will not accept responsibility if this falls below the consignee’s expectations.
Any keys/documentation in relation to the vehicle/item must either be left within the vehicle or handed to the driver.
If we arrive to collect a vehicle/item and there are additional items that haven’t been disclosed, we reserve the right to refuse to load these items or charge an additional charge to the consignor/consignee.
If we arrive to collect a vehicle/item and it is heavier than Stuarts Towing Services have been informed, we reserve the right to refuse to load or charge an additional charge to the consignor/consignee.
It is the consignor/consignee’s responsibility to ensure that the vehicle/item is ready to be loaded on our arrival i.e. cleared funds.
19.3 Damage
Wilson & Co, cannot be responsible for any damage i.e stone chips, small dents, scratches etc caused by road debris, overhanging/ falling tree branches, or any weather related wear. while using our open transport service.
The only way to absolutely ensure zero damage during transport is to book our enclosed service
19.4 Cancellations
For all jobs booked the following time schedules apply in regards to refunds.
14+ days- a full refund given.
14 days – 48 hours – 75% refund given
48 hours – 50% refund given.
less than 48 hours– no refund given. Full charge will be applied and any outstanding balance must be paid.
all refunds will incur a 10% charge to cover our administration costs.
19.5 Rescheduling
If you need to amend the date of your transportation we politely ask for a minimum of 7 days so that we can reschedule our routes for that week. Please refer to section 2 of our cancellation policy.
If you wish to reschedule and you are within the 7 days’ notice period, your deposit can be transferred to the new booking date.
If rescheduling and your booking falls under the 7 days you will be required to pay a new deposit to secure your booking.
In the event of a mechanical breakdown with one of our vehicles we will reschedule at no extra cost.
In the event of adverse weather conditions that prevent the collection/delivery of the vehicle/item we will reschedule at no extra cost.
20. Additional invoice fees,
All invoices generated from completed works, are subject to additional general charges related to methods and practices used to complete all agreed works.
These general process values vary between selected jobs and cannot be originally accurately provided on initial estimates and so must be completed within the invoicing process.
Examples of these charges are as follows: Postage (of parts), Admin (parts sourcing, estimate completion), Consumables (workshop running items, not individually invoiced )
The customer agrees to waive the right to refuse payment on these items and so agrees to pay these additional charges as incurred on all invoicing.