NORTH WEST CUSTOMS
TERMS & CONDITIONS
Terms and Conditions – North West Customs (Widnes)
TERMS AND CONDITIONS OF BUSINESS
“The Company” refers to North West Customs (Widnes)
“The Buyer” and “you” means the person contracting with the Company under these Conditions and the ” Buyer” “your” and “yourself” shall be interpreted accordingly.
“Services” the work we are undertaking on your vehicle.
“Website” means the website at www.northwest-customs.co.uk;
2.1. These Conditions apply to all Contracts for the Vehicle Repair Work entered into by us with the buyer or Car Dealerships. Such Contracts may be made via the Website, in person, during the course of telephone conversations, or via other forms of electronic communication.
2.2. By placing an order with us, you agree to deal with us on these Conditions to the exclusion of all other terms, conditions or warranties contained anywhere else or implied by trade, custom, practice or course of dealing.
2.3. 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.
2.4. 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. 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.
4. Pre-existing damage caused by us and Corrosion.
4.1. A diagrammatic record of visible damage existing on the Vehicle will be made by our technician by a Pre-Work Inspection before starting Vehicle Repair Work on the Vehicle. We exclude all liability for repair of damage whether visible or not, existing before we began to work on the vehicle and which we have not expressly identified as vehicle repair work undertaken by us.
4.2. We will perform the Vehicle Repair Work with reasonable care and skill and otherwise in accordance with applicable standards.
4.3. If we damage the Vehicle, we can arrange its repair it at no cost to you. If you organise a repair yourself without our prior written approval, we do not guarantee to pay the costs you incur. We reserve the right to assess the reasonableness of such costs.
4.4. You acknowledge that the cost to us of repairing the vehicle in the event that we damage it is likely to far exceed the amount we charge you for the vehicle repair work. For that reason
4.5. You agree that our total liability to you in relation to such damage is limited to the total cost of the initial quote for repairing any damage we cause to the vehicle.
4.6. You agree that we will not reimburse or compensate you for stress or emotional upset or inconvenience or loss or revenue, loss of income, loss of use of vehicle, loss or business or profit,
4.7. Nothing above shall operate to limit our liability for fraud or death or personal injury caused by our negligence. Additionally, nothing above shall operate to remove or restrict your statutory rights to the extent that they cannot by law be so removed or restricted.
4.8. We are unable to repair corrosion on any Vehicle. If we find that the Vehicle is corroded, we will stop work. In that case, we will explain your options to you.
4.9. We will not provide any warranty on 2nd hands parts and component’s or issues that are unseen to us i.e under paint work, pending rust.
5. Disputes procedure and Jurisdiction
5.1. 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.
5.2. 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.
5.3. If you have any complaints relating to our Vehicle Repair Work services or any other matter, please put them in writing addressed to “Complaints” as the address set out below.
6. 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 authorization over the telephone.
6.1. 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.
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.
8. 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.
9. Courtesy Vehicle
The Company does not provide and will not pay for car hire in any circumstances. We will not accept or be liable for any lease car charge backs from a lease company.
10. Delivery / Completion
10.1. Every effort will be made to provide the services by the estimated time, but the Company shall not be liable for any delay in completing the 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.
10. 2. We will endeavour to meet any target completion time-scales given at the time a refurbishment is booked. Target completion times, however, are just that ‘targets’. North west customs accept no responsibility for unforeseen delays within the process as some repairs may take longer than anticipated.
11. The Price and Payment
11.1. 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. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.
11.2. Payment of the price and VAT 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 30 days from date of invoice.
12. Orders / Estimates / Deposits
12.1. 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).
12.2. All estimates by the Company are subject to change caused by variations to the Company of labour, materials, 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.
12.3. 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.
12.4. The company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
12.5. 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.
12.6. 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.
12.7. We are committed to reducing fraud made using credit cards. We reserve our right not to accept payment by debit or credit card where we suspect that by doing so a fraud may be perpetrated against us or the registered card holder or anyone else.
12.8. We accept payment via bank transfer or cash. Unless we have agreed with you that you Payments must be made on completion of work. We do not accept personal cheques.
12.9. We will not return vehicles without the bill being settled beforehand unless we, at our discretion, agree otherwise, the payment shall become immediately due and payable. 20. Payment for Special Order Parts
12.10. 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.
12.11. 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.
13. Remedies for late Payment
13.1. 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.
13.2. 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 18.12 above.
13.3. 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.
13.4. 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.
13.05. 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.
13.06. Vehicle Storage: The Company will invoice £25.00 + VAT per day for the storage of any vehicle not collected within an agreed collection time following completion of agreed work.
14. Data Protection, privacy, security, social media, and cookies.
14.1. We will take all reasonable precautions to keep the details of orders and payments secure. We will adhere to the principles of the Data Protection Act 1998 to uphold your privacy and protect the personal data provided by you.
14.3. We may use images of your vehicle for marketing services. If you do not want us to use these images. Please let us know immediately.
15. INFORMATION REQUIRED TO BE GIVEN
The Company: North West Customs (Widnes).
Our office address is Optimum House Business Park, Hale Road Widnes WA8 8PX.
Our telephone number is 0151 230 3844 /07565375947 email: firstname.lastname@example.org
These terms and conditions can be viewed within the North West Customs Office (displayed on wall) also on website www.northwest-customs.uk.
1st June 2020.