STANDARD TERMS AND CONDITIONS
FOR GOODS AND SERVICES
1.
Application of Terms and Conditions
1.1
The
Supplier shall supply and the Customer shall purchase the Goods and Services in
accordance with the quotation or specific Schedule or accepted order provided
which shall be subject to these Terms and Conditions; and
1.2
The
Contract shall be to the exclusion of any other terms and conditions subject to
which any such quotation is accepted or purported to be accepted, or any such
order is made or purported to be made, by the Customer.
2.
Definitions
and Interpretation
2.1
In
these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Business Day” |
means
any day other than a Saturday, Sunday or bank holiday; |
“Commencement Date” |
means the
commencement date for the Contract as set out in the quotation and/or
specification schedule; ; |
“Confidential Information” |
means,
in relation to either Party, information which is disclosed to that Party by
the other Party pursuant to or in connection with this Agreement (whether
orally or in writing or any other medium, and whether or not the information
is expressly stated to be confidential or marked as such); |
“Contract” |
means
the contract for the purchase and sale of the Goods and supply of the
Services under these Terms and Conditions; |
“Contract Price” |
means
the price stated in the Contract payable for the Goods; |
“Customer” |
means
the person who accepts a quotation or offer of the Supplier for the sale of
the Goods and supply of the Services, or whose order for the Goods and
Services is accepted by the Supplier; or who purchases services |
“Delivery Date” |
means
the date on which the Goods are to be delivered as stipulated in the
Customer’s order and accepted by the Supplier; |
“Goods” |
means
the goods (including any instalment of the goods or any parts for them) which
the Supplier is to supply in accordance with these Terms and Conditions; |
“Month” |
means
a calendar month; |
“Services” |
means
the Services to be provided to the Customer as set out in the quotation
and/or specification schedule; and |
“Supplier” |
means Euro Car Service of 11 Branch Road, Ilford, Essex IG6 3TL |
|
|
2.2
Unless
the context otherwise requires, each reference in these Terms and Conditions
to:
2.2.1
“writing”,
and any cognate expression, includes a reference to any communication effected
by electronic or facsimile transmission or similar means;
2.2.2
a
statute or a provision of a statute is a reference to that statute or provision
as amended or re-enacted at the relevant time;
2.2.3
“these
Terms and Conditions” is a reference to these Terms and Conditions and any
Schedules as amended or supplemented at the relevant time;
2.2.4
a
Schedule is a schedule to these Terms and Conditions; and
2.2.5
a
Clause or paragraph is a reference to a Clause of these Terms and Conditions
(other than the Schedules) or a paragraph of the relevant Schedule.
2.2.6
a
“Party” or the “Parties” refer to the parties to these Terms and Conditions.
2.3
The
headings used in these Terms and Conditions are for convenience only and shall
have no effect upon the interpretation of these Terms and Conditions.
2.4
Words
imparting the singular number shall include the plural and vice versa.
2.5
References
to any gender shall include the other gender.
3.
Basis
of
3.1
The
Supplier’s employees or agents are not authorised to make any representations
concerning the Goods or Services unless confirmed by the Supplier in
writing. In entering into the Contract
the Customer acknowledges that it does not rely on, and waives any claim for
breach of, any such representations which are not so confirmed.
3.2
No
variation to these Terms and Conditions shall be binding unless agreed in
writing between the authorised representatives of the Customer and the
Supplier.
3.3
Sales
literature, price lists and other documents issued by the Supplier in relation
to the Goods and Services are subject to alteration without notice and do not
constitute offers to sell the Goods which are capable of acceptance. No contract for the sale of the Goods and
Services shall be binding on the Supplier unless the Supplier has issued a
quotation which is expressed to be an offer to sell the Goods and Services or
has accepted an order placed by the Customer by whichever is the earlier of:
3.3.1
the
Supplier’s written acceptance;
3.3.2
delivery
of the Goods;
3.3.3
provision
of the Services; or
3.3.4
the
Supplier’s invoice.
3.4
Any
typographical, clerical or other accidental errors or omissions in any sales
literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Supplier shall be subject to correction
without any liability on the part of the Supplier.
4.
The Goods
4.1
No
order submitted by the Customer shall be deemed to be accepted by the Supplier
unless and until confirmed in writing by the Supplier's authorised
representative.
4.2
The
specification for the Goods shall be that set out in the Supplier’s sales
documentation unless varied expressly in the Customer’s order (if such
variation(s) is/are accepted by the Supplier). The Goods will only be supplied
in the minimum units thereof stated in the Supplier’s price list or in
multiples of those units. Orders received for quantities other than these will
be adjusted accordingly
4.3
Illustrations,
photographs or descriptions whether in catalogues, brochures, price lists or
other documents issued by the Supplier are intended as a guide only and shall
not be binding on the Supplier.
4.4
The
Supplier reserves the right to make any changes in the specification of the
Goods which are required to conform with any applicable safety or other
statutory or regulatory requirements or, where the Goods are to be supplied to
the Customer’s specification, which do not materially affect their quality or
performance.
4.5
No
order which has been accepted by the Supplier may be cancelled by the Customer
except with the agreement in writing of the Supplier on the terms that the
Customer shall indemnify the Supplier in full against all loss (including loss
of profit), costs (including the cost of all labour and materials used),
damages, charges and expenses incurred by the Supplier as a result of such cancellation.
5.
The
Services
5.1
With
effect from the Commencement Date the Supplier shall, in consideration of the
price being paid in accordance with Clauses 6 and 7 will provide the Services
expressly identified in the quotation / specification schedule / accepted
order;.
5.2
The
Supplier will use reasonable care and skill to perform the Services identified
in the quotation / specification schedule / accepted order;.
5.3
The
Supplier shall use its reasonable endeavours to complete its obligations under
the Contract, but time will not be of the essence in the performance of such
obligations.
6.
Price
6.1
The
price of the Goods and Services shall be the price listed in the Supplier’s charging
guide current at the date of acceptance of the Customer’s order or such other
price as may be agreed in writing by the Supplier and the Customer.
6.2
Where
the Supplier has quoted a price for the Goods other than in accordance with the
Supplier’s published price list the price quoted shall be valid for seven days
only or such lesser time as the Supplier may specify.
6.3
The
Supplier reserves the right, by giving written notice to the Customer at any
time before delivery or provision, to increase the price of the Goods and/or
Services to reflect any increase in the cost to the Supplier which is due to
any factor beyond the control of the Supplier (including, without limitation,
any foreign exchange fluctuation, currency regulation, alteration of duties,
significant increase in the costs of labour, materials or other costs of
manufacture), any change in delivery dates, quantities or specifications for
the Goods and services which are requested by the Customer, or any delay caused
by any instructions of the Customer or failure of the Customer to give the
Supplier adequate information or instructions.
6.4
Except
as otherwise stated under the terms of any quotation or specific Schedule or
accepted order or in any price list of the Supplier, and unless otherwise
agreed in writing between the Customer and the Supplier, all prices are
inclusive of the Supplier's charges for packaging and transport.
6.5
The
price is exclusive of any applicable value added tax, excise, sales taxes or
levies of a similar nature which are imposed or charged by any competent fiscal
authority in respect of the Goods and Services, which the Customer shall be
additionally liable to pay to the Supplier.
7.
Payment
7.1
Subject
to any special terms agreed in writing between the Customer and the Supplier,
the Supplier shall invoice the Customer for the price of the Goods and Services
on or at any time after delivery of the Goods and/or the Provision of the
Services (as applicable), unless, in the case of Goods, the Goods are to be
collected by the Customer or the Customer wrongfully fails to take delivery of
the Goods, in which event the Supplier shall be entitled to invoice the
Customer for the price at any time after the Supplier has notified the Customer
that the Goods are ready for collection or (as the case may be) the Supplier
has tendered delivery of the Goods.
7.2
The
Customer shall pre authorise the price of the Goods and Services (less any discount or credit allowed by the
Supplier, but without any other deduction, credit or set off) at the time of
the order or booking made. The payment
will be claimed by the Company immediately after the job/work is completed. The time for the payment of the price shall
be of the essence of the Contract.
Receipts for payment will be issued electronically after the payment has
successfully gone through.
7.3
All
payments shall be made to the Supplier as indicated on the form of acceptance
or invoice issued by the Supplier.
7.4
The
Supplier is not obliged to accept orders from any customer or buyer who has not
supplied the Supplier with references satisfactory to the Supplier. If at any time the Supplier is not satisfied as
to the creditworthiness of the Customer it may give notice in writing to the
Customer that no further credit will be allowed to the Customer in which event
no further goods or services will be delivered or provided to the Customer
other than against cash payment and notwithstanding sub-Clause 7.2 of these
conditions, all amounts owing by the Customer to the Supplier shall be
immediately payable in cash.
8.
Delivery and Performance
8.1
Delivery
of the Goods shall be made by the Supplier delivering the Goods to the place in
the United Kingdom specified in the quotation/specification
schedule/accepted or, if no place of delivery is so specified, by the Customer
collecting the Goods at the Supplier’s premises at any time after the Supplier
has notified the Customer that the Goods are ready for collection.
8.2
The
Delivery Date is approximate only and time for delivery shall not be of the
essence unless previously agreed by the Supplier in writing. The Goods may be
delivered by the Supplier in advance of the Delivery Date upon giving
reasonable notice to the Customer.
8.3
If
the Customer fails to take delivery of the Goods or any part of them on the
Delivery Date and/or fails to provide any instructions, documents, licences,
consents or authorisations required to enable the Goods to be delivered on that
date, the Supplier shall be entitled upon giving written notice to the Customer
to store or arrange for the storage of the Goods and then notwithstanding the
provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer,
delivery shall be deemed to have taken place and the Customer shall pay to the
Supplier all costs and expenses including storage and insurance charges arising
from such failure.
8.4
With
effect from the Commencement Date the Supplier shall, in consideration of the
price being paid in accordance with these Terms and Conditions and the
quotation/specification schedule/accepted order provide the Services expressly identified in
the quotation/specification schedule/accepted order.
9.
Non-Delivery
of Goods and Services
9.1
If
the Supplier fails to deliver the Goods or provide the Services or any of them
on the Delivery Date (or Commencement Date, as appropriate) other than for
reasons outside the Supplier’s reasonable control or the Customer’s or its
carrier’s fault:
9.1.1
if
the Supplier delivers the Goods and/or provides the Services [at any
time thereafter the Supplier shall have no liability in respect of such
late delivery; or
9.1.2
if
the Customer gives written notice to the Supplier within Seven Business Days after the Delivery Date (or
Commencement Date, as appropriate) and the Supplier fails to deliver the Goods
and/or Services within Seven Business
Days after receiving such notice the Customer may cancel the order and the
Supplier’s liability shall be limited to the excess (if any) of the cost to the
Customer (in the cheapest available market) of similar goods or services to
those not delivered or provided over the price of the Goods or Services not
delivered or provided.
10.
Risk
and Retention of Title
10.1 Risk of damage to or loss of the
Goods shall pass to the Customer at:
10.1.1
in
the case of Goods to be delivered at the Supplier’s premises, the time when the
Supplier notifies the Customer that the Goods are available for collection;
10.1.2
in
the case of Goods to be delivered otherwise than at the Supplier’s premises,
the time of delivery or, if the Customer wrongfully fails to take delivery of
the Goods, the time when the Supplier has tendered delivery of the Goods; or
10.1.3
in
the case of Goods being installed by the Supplier, the time that the Supplier
notifies the Customer that the installation is complete.
10.2 Notwithstanding delivery and the
passing of risk in the Goods, or any other provision of these Terms and
Conditions, legal and beneficial title to the Goods shall not pass to the
Customer until the Supplier has received in cash or cleared funds payment in
full of the price of the Goods.
10.3 [Sub-Clause 10.2 notwithstanding,
legal and beneficial title of the Goods shall not pass to the Customer until
the Supplier has received in cash or cleared funds payment in full of the price
of the Goods and any other goods supplied by the Supplier and the Customer has
repaid all moneys owed to the Supplier, regardless of how such indebtedness
arose.]
10.4 Until payment has been made to
the Supplier in accordance with these Conditions and title in the Goods has
passed to the Customer, the Customer shall be in possession of the Goods as
bailee for the Supplier and the Customer shall store the Goods separately and
in an appropriate environment, shall ensure that they are identifiable as being
supplied by the Supplier and shall insure the Goods against all reasonable
risks.
10.5 The Customer shall not be
entitled to pledge or in any way charge by way of security for any indebtedness
any of the Goods which remain the property of the Supplier, but if the Customer
does so all money owing by the Customer to the Supplier shall (without
prejudice to any other right or remedy of the Supplier) forthwith become due
and payable.
10.6 The Supplier reserves the right
to repossess any Goods in which the Supplier retains title without notice. The
Customer irrevocably authorises the Supplier to enter the Customer’s premises
during normal business hours for the purpose of repossessing the Goods in which
the Supplier retains title and inspecting the Goods to ensure compliance with
the storage and identification requirements of sub-Clause 10.4.
10.7 The Customer’s right to possession
of the Goods in which the Supplier maintains legal and beneficial title shall
terminate if:
10.7.1
the
Customer commits or permits any material breach of his obligations under these
Terms and Conditions;
10.7.2
the
Customer enters into a voluntary arrangement under Parts I or VIII of the
Insolvency Act 1986, the Insolvent Partnerships Order 1994 (as amended), or any
other scheme or arrangement is made with his creditors;
10.7.3
the
Customer is or becomes the subject of a bankruptcy order or takes advantage of
any other statutory provision for the relief of insolvent debtors;
10.7.4
the
Customer convenes any meeting of its creditors, enters into voluntary or
compulsory liquidation, has a receiver, manager, administrator or
administrative receiver appointed in respect of its assets or undertaking or
any part thereof, any documents are filed with the court for the appointment of
an administrator in respect of the Customer, notice of intention to appoint an
administrator is given by the Customer or any of its directors or by a qualifying
floating charge-holder (as defined in paragraph 14 of Schedule
B1 of the Insolvency Act 1986), a resolution is passed or petition presented to
any court for the winding up of the Customer or for the granting of an
administration order in respect of the Customer, or any proceedings are
commenced relating to the insolvency or possible insolvency of the Customer.
11.
Assignment
11.1 The Supplier may assign the
Contract or any part of it to any person, firm or company without the prior
consent of the Customer.
11.2
The
Customer shall not be entitled to assign the Contract or any part of it without
the prior written consent of the Supplier.
12.
Defective
Goods
12.1 If on delivery any of the Goods
are defective in any material respect and either the Customer lawfully refuses delivery
of the defective Goods or, if they are signed for on delivery as “condition and
contents unknown” the Customer gives written notice of such defect to the
Supplier within seven Business Days of such delivery, the Supplier shall at its
option:
12.1.1
replace
the defective Goods within seven Business Days of receiving the Customer’s
notice; or
12.1.2
refund
to the Customer the price for those Goods (or parts thereof, as appropriate)
which are defective;
but the
Supplier shall have no further liability to the Customer in respect thereof and
the Customer may not reject the Goods if delivery is not refused or notice
given by the Customer as set out above.
12.2 No Goods may be returned to the
Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the
Supplier is satisfied were supplied subject to defects of quality or condition
which would not be apparent on inspection shall either be replaced free of
charge or, at the Supplier’s sole discretion the Supplier shall refund or credit
to the Customer the price of such defective Goods but the Supplier shall have
no further liability to the Customer.
12.3 The Supplier shall be under no
liability in respect of any defect arising from fair wear and tear, or any
wilful damage, negligence, subjection to normal conditions, failure to follow
the Supplier’s instructions (whether given orally or in writing), misuse or
alteration of the Goods without the Supplier’s prior approval, or any other act
or omission on the part of the Customer, its employees or agents or any third
party.
12.4 Goods, other than defective Goods
returned under sub-Clauses 12.1 or 12.2, returned by the Customer and accepted
by the Supplier may be credited to the Customer at the Supplier’s sole
discretion and without any obligation on the part of the Supplier.
12.5 Subject as expressly provided in
these Terms and Conditions, and except where the Goods are sold under a
consumer sale, all warranties, conditions or other terms implied by statute or
common law are excluded to the fullest extent permitted by law.
12.6 The Customer shall be responsible
for ensuring that, except to the extent that instructions as to the use or sale
of the Goods are contained in the packaging or labelling of the Goods, any use
or sale of the Goods by the Customer is in compliance with all applicable
statutory requirements and that handling and sale of the Goods by the Customer
is carried out in accordance with directions given by the Supplier or any
competent governmental or regulatory authority and the Customer will indemnify
the Supplier against any liability loss or damage which the Supplier might
suffer as a result of the Customer’s failure to comply with this condition.
13.
Customer's
Default
13.1 If the Customer fails to make any
payment on the due date then, without prejudice to any other right or remedy
available to the Supplier, the Supplier shall be entitled to:
13.1.1
cancel
the order or suspend any further deliveries or provision of Goods and Services
to the Customer;
13.1.2
appropriate
any payment made by the Customer to such of the Goods and/or Services (or the
goods and/or services supplied under any other contract between the Customer
and the Supplier) as the Supplier may think fit (notwithstanding any purported
appropriation by the Customer); and
13.1.3
charge
the Customer interest (both before and after any judgement) on the amount
unpaid, at the rate of 8% per annum above supplier's bank base rate from time to time, until payment in
full is made (a part of a month being treated as a full month for the purpose
of calculating interest).
13.2 This condition applies if:
13.2.1
the
Customer fails to perform or observe any of its obligations hereunder or is
otherwise in breach of the Contract;
13.2.2
the
Customer becomes subject to an administration order or enters into a voluntary
arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent
Partnerships Order 1994 (as amended) or
(being an individual or firm) becomes bankrupt or (being a company) goes into
liquidation;
13.2.3
an
encumbrancer takes possession, or a receiver is appointed, of any of the
property or assets of the Customer;
13.2.4
the
Customer ceases, or threatens to cease, to carry on business; or
13.2.5
the
Supplier reasonably apprehends that any of the events mentioned above is about
to occur in relation to the Customer and notifies the Customer accordingly.
13.3 If sub-Clause 13.2 applies then,
without prejudice to any other right or remedy available to the Supplier, the
Supplier shall be entitled to cancel the Contract or suspend any further
deliveries under the Contract without any liability to the Customer, and if the
Goods have been delivered but not paid for the price shall become immediately
due and payable notwithstanding any previous agreement or arrangement to the
contrary.
14.
Liability
14.1 The Supplier will not by reason
of any representation, implied warranty, condition or other term, or any duty
at common law or under express terms of the Contract (or these Terms and
Conditions), be liable for any loss of profit or any indirect, special or
consequential loss, damage, costs, expenses or other claims (whether caused by
the Supplier’s servants or agents or otherwise) which arise out of or in
connection with the supply of the Goods and Services.
14.2 All warranties, conditions and
other terms implied by statute or common law (save for the conditions implied
by section 12 of the Sale of Goods Act 1979) are, to the fullest extent
permitted by law, excluded from the Contract.
14.3 The Customer shall indemnify the
Supplier against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment
(including that of third parties) caused by the Customer, its agents or
employees.
14.4 Where the Customer consists of
two or more persons such expression throughout shall mean and include such two
or more persons and each or any of them.
All obligations on the part of such a Customer shall be joint and
several obligations of such persons.
14.5 The Supplier shall not be liable
to the Customer or be deemed to be in breach of these terms and conditions by
reason of any delay in performing, or any failure to perform, any of the
Supplier’s obligations if the delay or failure was due to any cause beyond the
Supplier’s reasonable control.
14.6 Nothing in these Terms and
Conditions excludes or limits the liability of the Supplier:
14.6.1
for
death or personal injury caused by the Supplier’s negligence;
14.6.2
for
any matter which it would be illegal for the Supplier to exclude or attempt to
exclude its liability; or
14.6.3
for
fraud or fraudulent misrepresentation.
14.7 Subject to the remaining
provisions of this Clause 14:
14.7.1
the
Supplier’s total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance of the Contract
shall be limited to the Contract Price; and
14.7.2
the
Supplier shall not be liable to the Customer for any pure economic loss, loss
of profit, loss of business, depletion of goodwill or otherwise, in each case
whether direct, indirect or consequential, or any claims for consequential
compensation whatsoever (howsoever caused) which arise out of or in connection
with the Contract.
15.
Confidentiality
15.1 Each Party undertakes that,
except as provided by sub-Clause 15.2 or as authorised in writing by the other
Party, it shall, at all times during the continuance of the Contract and for
three years after its termination:
15.1.1
keep
confidential all Confidential Information;
15.1.2
not
disclose any Confidential Information to any other person;
15.1.3
not
use any Confidential Information for any purpose other than as contemplated by
and subject to these Terms and Conditions and the Contract;
15.1.4
not
make any copies of, record in any way or part with possession of any
Confidential Information; and
15.1.5
ensure
that none of its directors, officers, employees, agents or advisers does any
act which, if done by that Party, would be a breach of the provisions of
sub-clauses 15.1.1 to 15.1.4 above.
15.2 Either Party may:
15.2.1
disclose
any Confidential Information to:
15.2.1.1
any
sub-contractor or supplier of that Party;
15.2.1.2
any
governmental or other authority or regulatory body; or
15.2.1.3
any
employee or officer of that Party or of any of the aforementioned persons,
parties or bodies;
to such
extent only as is necessary for the purposes contemplated by these Terms and
Conditions and the Contract, or as required by law, and in each case subject to
that Party first informing the person, party or body in question that the
Confidential Information is confidential and (except where the disclosure is to
any such body as is mentioned in sub-Clause 15.2.1.2 above or any employee or
officer of any such body) obtaining and submitting to the other Party a written
undertaking from the person in question, as nearly as practicable in the terms
of this Clause 15, to keep the Confidential Information confidential and to use
it only for the purposes for which the disclosure is made; and
15.2.2
use
any Confidential Information for any purpose, or disclose it to any other
person, to the extent only that it is at the date of the Contract, or at any
time after that date becomes, public knowledge through no fault of that Party,
provided that in doing so that Party does not disclose any part of that
Confidential Information which is not public knowledge.
15.3 The provisions of this Clause 15
shall continue in force in accordance with their terms, notwithstanding the termination
of the Contract for any reason.
16.
Communications
16.1 All notices under these Terms and
Conditions and under the Contract shall be in writing and be deemed duly given
if signed by, or on behalf of, a duly authorised officer of the Party giving
the notice.
16.2 Notices shall be deemed to have
been duly given:
16.2.1
when
delivered, if delivered by courier or other messenger (including registered
mail) during the normal business hours of the recipient; or
16.2.2
when
sent, if transmitted by facsimile or e-mail and a successful transmission
report or return receipt is generated; or
16.2.3
on
the fifth business day following mailing, if mailed by national ordinary mail,
postage prepaid; or
16.2.4
on
the tenth business day following mailing, if mailed by airmail, postage
prepaid.
16.3 All notices under this Agreement
shall be addressed to the most recent address, e-mail address, or facsimile
number notified to the other Party.
17.
Force
Majeure
Neither
Party shall be liable for any failure or delay in performing their obligations
where such failure or delay results from any cause that is beyond the
reasonable control of that Party. Such
causes include, but are not limited to: power failure, Internet Service
Provider failure, industrial action, civil unrest, fire, flood, storms,
earthquakes, acts of terrorism, acts of war, governmental action or any other
event that is beyond the control of the Party in question.
18.
Waiver
The
Parties agree that no failure by either Party to enforce the performance of any
provision in these Terms and Conditions or under the Contract shall constitute
a waiver of the right to subsequently enforce that provision or any other
provision. Such failure shall not be
deemed to be a waiver of any preceding or subsequent breach and shall not
constitute a continuing waiver.
19.
Severance
The
Parties agree that, in the event that one or more of the provisions of these
Terms and Conditions or the Contract are found to be unlawful, invalid or
otherwise unenforceable, that / those provisions shall be deemed severed from
the remainder of these Terms and Conditions (and, by extension, the
Contract). The remainder of these and
the Contract shall be valid and enforceable.
20.
Third
Party Rights
A person
who is not a party to the Contract shall have no rights under the Contract
pursuant to the Contracts (Rights of Third Parties) Act 1999.
21.
Law
and Jurisdiction
21.1 These Terms and Conditions and
the Contract (including any non-contractual matters and obligations arising
therefrom or associated therewith) shall be governed by, and construed in
accordance with, the laws of England and Wales.
21.2 Any dispute, controversy,
proceedings or claim between the Parties relating to these Terms and Conditions
or to the Contract (including any non-contractual matters and obligations
arising therefrom or associated therewith) shall fall within the jurisdiction
of the courts of England and Wales.
CHARGING GUIDE
Charging
and pricing
Euro
car service will charge customers on hour basis
Minimum
of charging will be at £50.40 which is diagnostic fee at rate 0.9*56=50.40.
Euro
car service does not charge call out fee’s we charge diagnostic fee of minimum
time inspection on customers car.
Hour’s
rate
Our
hour rates are £56 and this hour will be based on Autodata labour time.
All
labours which are below minimum charge
to fit, will be charge at minimum cost (which is £50.40) this is 0 up to 0.9
hours time, over this time we have to charge at Autodata labour time.
All
cars they have they own login by registration number or drop form, which is
exact labour time involved on the cars , simple formula is to calculate the
time on price ex( Labour time x Labour
rate = Total price)
All
bookings have to be authorised by PayPal or by PayPal virtual terminal by phone
or online based on specific time or work or job, asked by customer, any
additional work has to be authorised by customer on the side with mechanic
which is carried out the work
Servicing
·
Oil
Service: on oil service we do, Engine oil, engine oil filter, top up washer and
other liquids if needed and visually checking over and report the faults if
any. Any additional work or fault found will be reported to the customer
·
Major
Service: Engine oil, engine oil filter, Air filter, Pollen filter, Spark plugs
on petrol, fuel filter on diesel, Adjust and top up all liquids Check the car
all over and grease the doors and bushes. Any additional work or fault found
will be reported to the customer
·
Full
service: Engine oil, engine oil filter, Air filter, Pollen filter, Fuel filter,
Spark plugs on petrol, fuel filter on diesel, Wiper blades all round, change
the light bulb if need, Adjust and top up all liquids Check the car all over
and grease the doors and bushes, AC deodoriser. Any additional work or fault
found will be reported to the customer
·
Additional
service every 4 Years: Automatic Gearbox oil and filter seal and sump gasket,
Diff oil, Brake fluid, Brake hoses, Servicing rear shoes.
·
Annual
service and mot: MOT can be chosen with the above one of the servicing, Service
can be combined with mot, so select the mot and one service, on mot section car
has to be taken away for servicing and mot due to the vosa mot inspection car has to go to the nearest mot station in
your area. On this section you can avoid charges on pick up and drop the car
DIAGNOSTIC or
INSPECTION
Diagnostic
stand for fault finding
Diagnostic
is very important for the customers when they’re car is wrong and don’t know
the fault, this help the customer to get the mechanic to see the vehicle, and
to reviled the fault in the vehicle.
Customer
has to Choose Diagnostic or inspection for this reason: Not knowing the fault
·
Non
running vehicles
·
Warning
lights on the dashboard
·
Noising
and knocking under the vehicle
·
Components
failing
·
Vibrating
during the drive and many more...
All
diagnostics are 0.9x56=£50.4
Any
Diagnostic which can take place by the mechanic and need more time to find the
fault we will ask the owner for the extension time, Which is up to three hours
time consuming (3x56=£168).
MOT’s
Prices for MOT’s: Full test:
MOT’s
are pick up and drop Labour time 0.30 x labour rate £56 = total £16.80 X MOT
price £50 = £66.80
MOT Retest: Within 10 working days the retest is £25
retest fee and £16.80 pickup and drop the total will be £41.80
MOT’s After 10 working days: after 10
working days mot test has to be carried out from the start and this will cost
to the customer full price which will be the total of £66.80
MOT Procedure
MOT
has to be carried out on the mot station as is part of vosa policy and can’t be done on the side.
On
this case mechanic will take the car to the nearest MOT station and inspect the
car by mot tester from the same station,
Pass
with no advice: no need any action on the car and we drop the car to the
customer as agreed.
Pass
with advice: On this stage we will call the customer and inform for advised
faults by the mot tester, and see if they are happy to carried out the
work with advisory note. If yes mechanic
will price parts and labour and get authorisation of the amount from the
customer before doing any work, after this job completed issue invoice with
pass certificate
MOT Failed:
When
mot tester gives you a fail certificate, we will Price up all the labour and
parts for this mot failure, and call the customer and explain all about the
failure, and let them know the cost to make a mot pass and get authorisation to
do the work, If they are happy with prices carry out the work and issue invoice
with mot certificate including the failure certificate too. If not happy with
prices drop the car back and issue invoice with MOT failure certificate and let
them know they have 10 working days to complete the work if is not done within
10 working days, they have to pay the full amount for full retest. Within 10
working days the customer has to pay 50% Charge for retest
Working days:
Are
counting from Monday to Saturday 6 days a week
Fees
Euro
Car Service will charge a minimum fee’s of £20 for late cancelation which is
made within 24 hours before mechanic seen the car or booking time,
Customer
will be able to change the appointment any time without charge from their
account
Cancelation
before or after 24h will be charged for parts which are non refundable as a
special orders, and the parts will be delivered to the customers as are their
property after paid for it.
Warranty:
All
new parts and labour are 12 Week’s warranty,
Any
parts feted to the vehicle before any accidental or crash repair will be avoid
within a day.
No
warranty on used parts or parts supplied by customer.
Warranty
is valid for same car and same owner, (if owner is changed warranty will avoid)
Accounts
Any
account held by euro car service will be in privet and confidential only for
customer purposes and easy access for both parties, we don’t provide any
liability for losing the accounts for technical faults or any other reason.
All
jobs and work which is carried out by our mechanic will be stored on customers
account for 12 months and during this time they will have opportunity to
download or print a copy.
When
you provide email address you are agreeing the promotions and any offers to be
send on this email address you provided.
Promotion/cancellation
You
can cancel anytime you like by login to your account in your area and
unsubscribing promotions and offers.