WARNING: THIS DOCUMENT CONTAINS CERTAIN TERMS AND CONDITIONS WHICH LIMIT THE COMPANY'S LIABILITY AND IT SHOULD THEREFORE BE READ CAREFULLY. HOWEVER, NOTHING CONTAINED HEREIN WILL MODIFY OR RESTRICT ANY STATUTORY OR COMMON LAW RIGHTS OF CONSUMERS.
1. In these conditions "the company" shall mean The Prasads Automotive, "the customer" shall mean the person or body corporately or on whose behalf this form is signed on the reverse side hereof and "vehicle" shall mean the vehicle or vehicles specified overleaf and "work" shall mean any estimate, inspection, service repair or testing on a vehicle.
2. All contracts with the company for work on any vehicle shall be valid and binding only if made in writing subject to these conditions of business and no other.
3. No variation hereof shall be valid unless agreed in writing and signed or on behalf of the customer and by a duly authorised representative of the company.
4. The company and its servants and agents are expressly authorised by the customer to use the vehicle on the highway and elsewhere for all purposes in connection with the work.
5. All monies due to the company in respect of work carried out on the vehicle shall become payable when such work is completed and the customer has been notified that the vehicle is ready for collection. Unless otherwise agreed payment to the company shall be made in full before the vehicle is released to the customer.
6. The customer acknowledges the company to have a legal lien upon any vehicle left with the company and upon the fittings or contents thereof for all monies due to the company from the customer on any account.
7. Subject to any applicable law, vehicles and the components fittings and contents of vehicles are left with the company entirely at the customer's risk. The company shall in no circumstances be liable for loss or damage thereto or for the delay in completing work thereon howsoever occasioned and whether by reason of any act or default of the company its servants agents or otherwise.
8. If after the date of any contract made subject to these conditions of business but before payment is made by the customer the recommended list prices for parts supplied or the direct cost of the company shall rise, then the contract price shall rise accordingly notwithstanding the terms of any estimate the company may have given. In addition it must be recognised that it is not always possible to give an accurate estimate in advance of the costs of the works. Unless otherwise instructed in advance, if after having commenced operations on a vehicle the company discovers that the costs shown in any estimate given are likely to exceed by more than 5% it will cease such operations until the increase has been accepted by the customer and if necessary his insurers. The company reserves the right to repair or fit repaired units where new parts quoted for are unavailable or not obtainable within reasonable time. In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the exchange scheme. If the unit is accepted for reconditioning and the manufacturer's credit note is received the surcharge will be cancelled.
9. Except in so far as liability may be placed upon the company by law or in respect of a vehicle or component subject to warranty no conditions or warranties are given or implied as to the quality of goods or services supplied by the company or their fitness for any particular purpose whether such purpose shall be known to the company or not. The company will however without prejudice to its rights hereunder correct defects arising from the company's faulty workmanship and shown to be such to its reasonable satisfaction if notified to the company within 3 months from the completions of the repairs. The company does not undertake to supply or pay for alternative transport or indemnify the customer for any loss howsoever occasioned during the carrying out of such works. While the company endeavours to ensure that the colour of any new paintwork applied matches the existing paintwork, no guarantee is given and no liability is accepted should it be unsuccessful. If during the course of carrying out paintwork on a vehicle it is discovered that the bodywork to be painted is rust contaminated the company will endeavour to treat this but given no guarantee that further penetration will not occur.
10. If in the company's reasonable opinion the operations ordered to be carried out by the customer cannot be carried out without the vehicle or any part thereof being washed or otherwise cleaned the cost of such washing or cleaning shall be chargeable to the customer as if the same had been specifically ordered by him.
11. If the customer shall become bankrupt or insolvent or make any arrangement with creditors or suffer a receiver of his effects to be appointed or being a body corporate enters into liquidation other than for the purpose of amalgamation or reconstruction the company shall have the right to terminate any agreement with the company subject to these conditions and thenceforth cease to have any further obligation under the agreement and the price for all work done and goods and services rendered by the company shall immediately become payable.
12. If by reason of the customer's instruction or lack of such instructions any vehicle left with the company for any work is not collected by the customer from the company within 7 days of the company having notified the customer that such operations have been completed the company shall be at liberty to charge the customer £50.00/day for the storage of such vehicle. Should the vehicle not be collected within 3 months from the date of such notification the company shall have the right to sell the vehicle and to forward the proceeds of such sale to the last known address of the customer after having deducted all sums owed to the company.
13. Parts will not be accepted for credit unless returned within 7 days of purchase, quoting this invoice number. All parts returned for credit are subject to a handling charge. Non stock items, which are ordered specially for customers will not be accepted for credit. Old units for surcharge credit will not be accepted unless returned within 2 weeks of date of invoice. Goods shall remain the property of the seller until the invoice has been discharged.