These Terms and Conditions shall apply to the repair and maintenance of motor vehicles by Acorn Motors
Definitions:
In these terms and conditions, the following expressions have the following meanings:
Acorn Motors” means us, 179 Chairborough Road High Wycombe HP12 3HW.
“The Customer” means you, any individual, firm or corporate body requiring the services of Acorn Motors;
“Work” means any services carried out by Acorn Motors, including but not limited to repairs, vehicle servicing and MOTs;
“Price” means the fee payable for the Work including parts, labour, VAT and any additional charges; and
“Vehicle” means the Customer’s vehicle which may be a car, van.
These terms and conditions will be binding between Acorn Motors and the
Customer upon the booking of any work.
If you place an order for work via the phone or internet you warrant that
you are legally capable of entering into a contract, you are at least 18
years old and you reside in the UK.
All parts to be used shall be new and shall be either of Manufacturer’s
original equipment (OE) standard or those produced by a third party of OE
standard. If we deviate from this provision in any way, we will inform you
of the reasons for such deviation and any effect this will have on your
warranty and will require your express consent before the use of such parts
occurs.
If any parts are replaced, the original parts will be made available to you
for viewing and examination up to and including the time that you collect
the Vehicle. If you wish to remove the original parts from Acorn Motors, we
shall be entitled to charge a surcharge, which will be refunded on their
return. If you do not wish to inspect the parts, we will dispose of them
following collection of the Vehicle.
Acorn Motors shall use its best and reasonable endeavours to ensure that
good care is taken of the Vehicle and any of the Customer’s possessions
which may be inside it. Notwithstanding this provision, we shall not be held
responsible for any loss or damage to such possessions and the Customer is
advised to remove all possessions from the Vehicle prior to the start of the
Work.
PAYMENT From the point at which we start work on the Vehicle up until the
point at which all sums due are paid in full in cleared funds, we shall have
a general lien on the Vehicle and its contents for all sums due.
Following completion of the Work, we shall issue an invoice to the Customer.
This can be paid in cash or by bank transfer, debit or credit card ONLY.
All sums shall be due immediately upon receipt of the relevant invoice.
Upon receipt of the payment in full in cleared funds for any work carried
out, we will return the vehicle to you.
Our invoice shall provide a comprehensive summary of all work done and shall
provide full details of all parts and labour including the Price payable
therefor
All work carried out, including any additional work, will be inclusive of
VAT.
Any special order parts ordered in advance must be paid for in full prior to
ordering and shall be non-returnable or refundable in any circumstances.
Such parts may also be subject to a 30% handling charge and this will be
advised to the Customer in advance of any orders being placed.
We shall be entitled to sell the Vehicle at the expense of the Customer in
the event that sums remain unpaid following written notice to the Customer
of 30 days, such notice to commence no earlier than 30 days following the
date of the relevant invoice.
From the due date of payment until the taking of actions set out in
sub-Clause 4(g), any outstanding sums shall incur interest on a daily basis
at 2% above the Bank of England base rate from time to time until payment in
full is made.
Vehicles should be collected within 1 day of us informing you that the works
are complete. Vehicles not collected within this time will incur a storage
charge of £20 per day plus VAT unless prior agreement has been given in
writing by a Director of the Company.
OUR WARRANTY In addition to your Statutory Rights, we provide a Parts &
Labour Warranty for a period of 12 months (or within 12,000 miles –
whichever comes first) for parts which are replaced by us and become
defective within this time or distance, and any related workmanship.
Certain products will be excluded from the warranty and we will inform you
of this on the booking of the Work.
Any Warranty given is dependent upon: Acorn Motors being given an
opportunity to investigate or rectify any faults within a reasonable
timeframe
The manufacturer’s vehicle operating instructions being followed.
Having the vehicle serviced or otherwise maintained according to the
manufacturer’s recommended schedule (at the time or distance specified and
with Original Equipment specification parts and filters, carried out by a
VAT Registered Acorn Motors with invoice).
Full compliance with our advisories, warnings and information or any
instructions provided by us either in writing or verbally.
The parts or workmanship carried out not being subjected to abnormal
conditions or unreasonable wear and tear.
The warranties on certain parts may vary due to their original
Manufacturers’ warranty conditions. The Customer will be informed of this in
writing.
Any warranty granted by Acorn Motors applies directly to the Vehicle. If the
Customer sells or otherwise transfers the ownership of the Vehicle to
another party, that party shall remain entitled to the benefit of the
warranty for the remainder of the Warranty Period.
CUSTOMER SUPPLIED PARTS
We will not warrant or be held responsible for any parts supplied by the
Customer, whether new or used. Should such parts cause any damage to the
Vehicle, we shall be entitled to charge for any costs incurred, including
any labour for their installation and / or removal, and will not be held
responsible for any consequential loss or damage whatsoever.
EXISTING VEHICLE WARRANTIES If the Vehicle is covered by a Manufacturer’s
new vehicle warranty, anti-perforation warranty or rust / corrosion warranty
at the time of the Work, we shall ensure that all work is carried out in
accordance with the terms of those warranties.
If additional cost will be incurred by such conformity, the Customer will be
informed of alternatives and will have the consequences of such alternatives
(including, but not limited to, the voiding of the Manufacturer’s
warranties) explained to them in full. The Customer’s decision shall be
final.
We shall obtain the consent of any warranty provider (whether that is the
Manufacturer or a third-party organisation) prior to the commencement of any
work covered by that warranty.
We shall not be responsible for any failure to comply with any warranties
where the Customer has not made Acorn Motors aware of the same in advance of
any work being carried out.
INSURANCE CLAIMS If the Work to be carried out on the Vehicle is the subject
of an insurance claim, you (or the policyholder if they are not the same
person) may be required to sign documents required by the insurer to
authorise payment to Acorn Motors for the Work.
We shall not be responsible for any delays in completing the Work and / or
returning the Vehicle to you where such delays arise out of the actions of
the insurer including, but not limited to, the withholding of payment.
COURTESY CAR We may, at our sole discretion, supply you with a courtesy car.
The Customer must satisfy the following eligibility requirements: The
Customer must be the holder of a full (as opposed to provisional) driving
licence which has been held for at least 1 year at the date of the booking.
In the case of UK driving licences both the photo card licence and the paper
counterpart licence must be produced before the courtesy car will be
released to the Customer. Copies of licences will not be accepted.
The Customer must be at least 21 years of age to be supplied with a courtesy
car by Acorn Motors.
The Customer may not have more than 3 penalty points on their driving
licence.
The Customer will not be entitled to a courtesy car if they have been banned
from driving for a period of 12 months or more as a result of a driving
offence within a period of 3 years prior to the date of the booking.
The Customer must present two forms of identification (in addition to their
driving licence) when collecting the courtesy car. At least one should
include the Customer’s home address. Acceptable forms include, but are not
limited to, passports, bank statements and utility bills.
The Customer will be required to provide adequate insurance for the courtesy
car and provide evidence of this at the time of collection, unless otherwise
agreed in writing by a Director of the Company.
The Customer will return the courtesy car in the same condition in which it
was supplied, including the same level of cleanliness and the same level of
fuel.
The Customer will be required to pay any costs incurred as a result of any
of the above provisions not being met.
Notwithstanding the Customer’s satisfaction of the eligibility requirements
set out in sub-Clause 8(b), we may refuse the loan of a courtesy car to the
Customer for any reason including, but not limited to, the non-availability
of cars.
CANCELLATION Customer has the right to cancel the work at any time, subject
to the provisions below.
If Work has commenced, the Customer will be required to pay for all labour
and parts used up until the point of cancellation and shall be invoiced for
the same. The provisions of Clause 4 shall apply to the payment of any such
invoice.
Any parts ordered and paid for in advance will be non-refundable in any
circumstances.
Notwithstanding any payment the Customer may make for parts under sub-Clause
10(b) and 10(c), those parts shall remain the property of Acorn Motors and
we shall remain at liberty to use them or dispose of them as we see fit
until we have received payment in full.
If the Customer has been provided with a courtesy car it must be returned to
Acorn Motors immediately upon cancellation.
INSURANCE & LIABILITIES Acorn Motors shall have in place at all times
suitable and valid insurance which shall include public liability insurance.
Acorn Motors total liability for any loss or damage caused as a result of
its negligence or breach of these Terms and Conditions shall be limited to
the extent of this insurance. We shall, under no circumstances, be liable
for any consequential loss or damage whatsoever.
Acorn Motors is not liable for any loss or damage suffered by the Customer
which results from the Customer’s failure to follow any instructions or
recommendations given by Acorn Motors or by the Manufacturer.
Acorn Motors is not liable for any loss or damage suffered by the Customer
from the storage of its vehicle or the vehicle’s contents at the Company’s
premises.
Nothing in these Terms and Conditions shall limit Acorn Motors’s liability
for death or personal injury.
Acorn Motors shall indemnify the Customer against any costs, liability,
damages, loss, claims or proceedings arising out of Acorn Motors carrying
out of the Work or any breach of these Terms and Conditions.
The Customer shall indemnify Acorn Motors against any costs, liability,
damages, loss, claims or proceedings arising out of the Customer’s failure
to meet any of its obligations or any other breach of these Terms and
Conditions.
SUB-CONTRACTING
Acorn Motors shall be free to sub-contract any of its obligations under
these Terms and Conditions provided that any and all sub-contractors are
reasonably skilled in the relevant practices and provided that no additional
charges are passed on to the Customer without the Customer’s prior
authorisation.
COMPLAINTS PROCEDURE Any complaint with respect to any work carried out by
us must be made in writing to a Director of the Company within 28 days of
the work being completed.
The Customer shall give the Company the opportunity to investigate or
resolve any issues before corresponding with any other party. We will not be
liable for resolving any mistakes, issues or problems unless all
correspondence remains with us until this investigation has been carried
out.
We will contact you within 10 working days of receipt of the complaint to
confirm receipt. We will then endeavour to resolve all disputes amicably and
professionally within a further 15 working days. Should the dispute take
longer, we will notify you accordingly.
After the investigation, should you wish to escalate the complaint, you have
the right to contact the Motor Codes’ Code Advisory and Conciliation
Service. We will be happy to provide a leaflet upon request.
CONSUMER RIGHTS
Nothing in these Terms and Conditions shall affect the Customer’s statutory
rights as a consumer, including those arising out of The Supply of Goods and
Services Act 1982 or any amendments thereto. For more information about
your statutory rights, please contact the Citizens’ Advice Bureau.
ABUSE
We will not tolerate any abusive behaviour, language or threats to any staff
or other customers, whether in person, on the telephone or in writing.
Anyone behaving in this manner on the premises will be asked to leave and
the police will be contacted if required.
DATA PROTECTION We will retain your details and hold them on a secure
database for the purpose of direct marketing. If you wish to be removed from
our database, please write to us to let us know.
Subject to the exceptions in sub-Clause 16(b), we will not share your
personal data with any third parties for any reasons without your prior
consent. Such data will only be collected, processed and held in accordance
with our rights and obligations arising under the provisions and principles
of the Data Protection Act 1998.
We have the right to pass on any personal information provided by the
Customer to relevant authorities including, but not limited to, the DVLA and
the police. In the event that the Customer is in breach of these Terms and
Conditions, we may also pass on any such information to credit reference
agencies and debt recovery agencies.
NO WAIVER
No failure by either Acorn Motors or the Customer to enforce the performance
of any provision in these Terms and Conditions shall constitute a waiver of
the right to subsequently enforce that provision or any other provision of
these Terms and Conditions. Such failure shall not be deemed to be a waiver
of any preceding or subsequent breach and shall not constitute a continuing
waiver.
SEVERANCE
If any provision of these Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the validity of
the other provisions of these Terms and Conditions and the remainder of the
provision in question shall not be affected thereby.
FORCE MAJEURE
Neither Party to these Terms and Conditions shall be liable for any failure
or delay in performing their obligations where such failure or delay results
from any causes that is beyond the reasonable control of that Party. Such
causes include, but are not limited to: lack of availability of parts, 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.
LAW AND JURISDICTION These Terms and Conditions shall be governed by the
laws of England and Wales.
Any dispute between the Parties relating to these Terms and Conditions shall
fall within the jurisdiction of the courts of England and Wales.