Terms and Conditions
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HT MOTOR SERVICES TERMS AND CONDITIONS
These Terms and Conditions are the standard terms which apply: to the provision to the Customer of any Service(s) (as “Service(s)” is defined in Clause 1 below) by the Garage, namely HT MOTOR SERVICES LTD a company registered in England and Wales under number 10625326 whose registered office is at Unit 2 Hillhouse Farm Barns, Worthing Road, West Grinstead, West Sussex, RH13 8LG] (“the Garage”); and where the Customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Business” means any Business, trade, craft, or profession carried on by You or any other person/organisation; “Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, an individual who receives any of the Service(s) for his/her personal use and for purposes wholly or mainly outside the purposes of any Business; “Customer/You/Your” means a Consumer Customer of the Garage who requires its Service(s); “Estimate” means a document titled “Estimate” or may also be titled “Job Card” giving the approximate Price of the Work which may vary from the total Invoice Price of the Work; “Garage/Us/We/Our” means the HT MOTOR SERVICES LTD, the Garage, whose place of Business and contact address is the same address as above and reference to the Garage shall include reference to any and all of its staff including mechanics; “Courtesy Car” means a Vehicle lent to You by Us in accordance with Clause 10 of these terms and conditions; “Invoice” means a final Invoice giving the total Price of the Work; “Manufacturer” means the Manufacturer of the Vehicle; “Price” means the fee payable for the Work including parts, labour, VAT and any additional charges; “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; “Service(s)” means any type of repair, servicing, tuning, diagnosis or maintenance of Vehicles; “Vehicle” means Your Vehicle which may be a car, van, motorhome; “Warranty Period” means the duration of the warranties provided by Us in accordance with Clause 9 of these Terms and Conditions; and “Work” means the particular Service(s) that We agree to provide to You; 1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to: 1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means; 1.2.2 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; 1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time; 1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and 1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions; 1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions; 1.4 Words signifying the singular shall include the plural and vice versa; and 1.5 References to any gender shall include the other gender.
2.1 You may request a booking for any Work (subject to Our confirming the booking) by telephone, email, Our website or SMS/WhatsApp conversation; 2.2 When You request a booking, You must give Us the following information: 2.2.1 Your full name including Your legal first and last names; 2.2.2 Your full address including house number and postal code; 2.2.3 Your landline telephone number and mobile telephone number; 2.2.4 Your vehicles full registration number; 2.2.5 Any warranties, known faults, damages or relevant information; 2.2.6 A date for the Work to commence and be completed by; 2.3 We shall ask You for this information or provide You with a form to collect this information; 2.4 We will prepare and submit to You, either by email, SMS/WhatsApp or a physical document, giving an Estimate based on the details You provide; 2.5 If You accept the Estimate, We shall then confirm the booking to You and We shall use Our reasonable endeavours to ensure that the date We agree for the Work to be carried out is as close as possible to that which You originally requested. Only if and when We give You that confirmation will there be binding contract between You and Us for the Work; 2.6 You may accept an Estimate by email, telephone or SMS/WhatsApp, but in all cases, You must receive a confirmation from Us; 2.7 You confirm that, in connection with Your request(s) for any Service(s), You are and will be a “Consumer” as defined in Clause 1 above.
3. Payment and Invoices
3.1 If We require a deposit or similar prepayment, We shall state it clearly in the Estimate and You must pay it no later than 2 calendar days after accepting an Estimate; 3.2 From the point at which Work on the Vehicle commences up until the point at which You have paid in full all sums due, We shall have a general lien on Your Vehicle (i.e. a right to possession of property until payment is made for Work done to that property) for all sums due; 3.3 Following Our completion of the Work, We shall issue an Invoice to You; 3.4 The Invoice will provide a comprehensive summary of all the Work done and will provide full details of all parts and labour including the Price payable for it with the VAT element payable on it shown separately; 3.5 The Invoice will also show the mileage of the Vehicle and will refer to the Warranty set out in Clause 9; 3.6 All sums due will be payable upon receiving the Invoice or no later than 5 calendar days of the date of the relevant Invoice; 3.7 You may make payment by debit card, credit card, cash or bank transfer; 3.8 If You choose to make payment by bank transfer. Funds must be cleared and in Our bank account before Your Vehicle is release from Our possession and as per Clause 3.2; 3.9 In addition to Our rights under sub-Clause 3.2, We shall have the right to sell, remove, dispose or dismantle the Vehicle at Your expense if any sum due remains unpaid following Our written notice to You of 30 calendar days. That notice Period will begin no earlier than 10 calendar days after the date of the relevant Invoice; 3.10 From the due date of payment until We take the action set out in sub-Clause 3.8, any outstanding sum will incur interest on a daily basis at 5% above the base rate of The Bank of England from time to time until You make payment in full.
4. Insurance Claims and Accident Damage
4.1 If the Work to be carried out on the Vehicle is the subject of an insurance claim, You (or the policyholder if he/she is not the same person) must sign any documents required by the insurer to be signed to authorise payment to Us for the Work; 4.2 We shall not be responsible for any delay in completing the Work and / or returning the Vehicle to You where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment; 4.3 You agree to pay any additional costs which may not be covered by Your Warranty or insurance company, which could include, but not limited to diagnosis or wear items.
5. The Work
5.1 We shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock to enable Us to carry out the Work when it is booked to be carried out but We will tell You if, due to non-availability of parts, incorrect parts or a delay in their delivery, We are unable to begin the Work on the date We have arranged with You and to complete it within the total amount of the time referred to in sub-Clause 5.5; 5.2 If We cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, then when We tell You that (as set out in sub-Clause 5.1), You may either make arrangements with Us for a re-booking or You may exercise Your right to cancel as set out in Clause 11; 5.3 We shall agree with You before We begin the Work on all parts that We are going to use (except for those additional parts referred to in sub- Clause 5.6); 5.4 We shall only use parts for the Work that are supplied by one of Our chosen suppliers and as per their own terms and conditions. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first explicitly consent; 5.5 We will tell You before We begin the Work the amount of time We initially Estimate that We will need to carry out the Work subject to any additional time needed under sub-Clause 5.6. We shall tell You promptly on discovering a need for such additional time and the reasons for needing it; 5.6 If We find during the course of the Work that We need to use additional parts and / or labour, We will only order additional parts or carry out additional Work if You first explicitly consent. For that purpose, We will tell You immediately and give You a verbal or written Estimate for both the cost to You of additional parts and labour and an Estimate of the amount of additional time We need to carry out the additional Work; 5.7 We will allow You an appropriate reduction in the Price to the extent that the time We take to carry out all of the Work: 5.7.1 exceeds the total of the time We initially Estimated under sub-Clause 5.5 and the additional time We Estimated under sub-Clause 5.6; and 5.7.2 exceeds what is a reasonable time in all of the circumstances; but a reduction will only apply to any part of delay in the completion of the Work due to a cause within Our reasonable control; 5.8 If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the Garage if You will dispose of them in an environmentally responsible manner. If You do not wish to inspect and / or remove the parts, We shall dispose of them after You collect Your Vehicle; and 5.9 We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it, but We nevertheless advise You to remove all possessions from the Vehicle before We begin the Work as We will not be responsible for any damages or loss to any part of Your Vehicle.
6. Vehicle Warranties
6.1 If the Vehicle is covered by a Manufacturer’s new Vehicle Warranty, anti-perforation Warranty or rust / corrosion Warranty at the time the Work is carried out, We shall carry out all of the Work in a way that adheres to the terms of those warranties and the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts to the best of Our ability, parts availability and facilities We have; 6.2 If Our compliance with sub-Clause 6.1 causes Us additional cost, We will tell You of alternatives and will explain to You in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not We will follow any such alternative shall be Your decision alone; 6.3 We shall not be responsible or liable for any failure to comply with any warranties where You have not told Us of those warranties before any Work commences. Do not assume We will check for any manufacture or third-party warranties.
We may sub-contract any of Our obligations under these Terms and Conditions provided that any sub-contractor We use is reasonably skilled in the relevant practices and provided that We do not pass on to You any additional charges without Your prior consent.
8. Insurance, Damage and Liability
8.1 We shall at all times have in place suitable and valid insurance, including public liability insurance; 8.2 We shall not be liable to You for any loss or damage You suffer due to Your failure to follow Our or the Manufacturer’s instructions; 8.3 We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control; 8.4 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable or any loss or damage to Your Vehicle for a Service(s) You have requested such as modifications, tuning or remapping which deviates from the Manufactures standard Vehicle model when released and where it is the Service(s) You have requested and accepted from an Estimate or Job Card; 8.5 We provide Service(s) to You only for Your personal and private use/purposes as a Consumer. We make no Warranty or representation that products, or other goods or materials that We use in carrying out the Work are fit for commercial, Business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of Business, interruption to Business or for any loss of Business opportunity; 8.6 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and 8.7 As a “Consumer” as defined by the Consumer Rights Act 2015, or as a Consumer for the purposes of any other Consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under: 8.7.1 the Consumer Rights Act 2015; 8.7.2 the Regulations; 8.7.3 the Consumer Protection Act 1987; or 8.7.4 any other Consumer protection legislation; as that legislation is amended from time to time. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
9. Warranty and Guarantee
9.1 We warrant the Work from the date of Invoice for a Warranty Period of 12 calendar months or a distance of 10,000 miles whichever occurs first; 9.2 Unless We explicitly tell You otherwise when We Invoice You, We shall warrant all parts that We use from the date of Invoice for a Warranty Period of 12 calendar months or a distance of 10,000 miles whichever occurs first. The warranties on certain parts may vary due to their original Manufacturers’ Warranty conditions or Our supplier’s own terms and conditions, and in that case, We will tell You in Our Invoice or another document Our different Warranty Period or distance for those parts; 9.3 If any Work done and / or parts used fails during the Warranty Period, We shall carry out the necessary repairs and replacements at no additional cost to You. We will not cover any costs of Your Vehicle recovery should it be required and on a time scale which does not affect Our current booked in Work; 9.4 Any Warranty that We give You applies to Your Vehicle. If You sell or otherwise transfer ownership of Your Vehicle to another person, they will not be entitled to the benefit of the Warranty for the rest of the warranty Period; 9.5 We will be entitled to void any Warranty that We give You if the Vehicle is used for anything other than normal purposes (unless We explicitly tell You otherwise). This includes: 9.5.1 Participating in racing, track days or other competitions of any kind; 9.5.2 Participating in speed testing or time trials; 9.5.3 Use of the Vehicle for Business or reward purposes; 9.5.4 Use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example); 9.5.5 Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; or 9.5.6 Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations; 9.6 The rights and remedies that We give You under this Clause 9 to provide repairs and replacement parts shall (as stated by sub-Clause 8.7) be in addition to all such rights and remedies as are available to You if You as a Consumer.
10. Courtesy Car
10.1 We may loan You a Courtesy Car but We will not be bound to do so and may decline to do so due to non-availability of a Courtesy Car or any other reason We choose not to, and You must not drive any Courtesy Car if You are not eligible to do so as set out in sub-Clause 10.2 or not eligible to do so as per ‘The Road Traffic Act 1991’. If You request a Courtesy Car and We agree to provide one, it will be on condition that You fully read and understand the current terms provided, which are fixed to the dashboard of the Courtesy Car, the terms set out in this document and ‘The Road Traffic Act 1991’. You may or may not be asked to sign or provide supporting documents, but by driving the Courtesy Car We will assume You have accepted and You will in all cases be bound to the terms provided within the document fixed to the dashboard of the Courtesy Car, the terms set out in this document and ‘The Road Traffic Act 1991’; should either of these terms or acts be breached, You are responsible for any repercussions or costs which may arise and We have the right to recover any (but not limited to) loses, damages, charges or fines by charging directly to You or informing any authorities required; 10.2 Before driving any Courtesy Car We have provided, You must ensure You are eligible as follows and as per clause 10.1, You are not to drive the Vehicle without reading and accepting these terms or ‘The Road Traffic Act 1991’, We may or may not ask You to sign and agree to these but should We or should not, You are solely responsible for any repercussions or costs: 10.2.1 You hold a full (not provisional) driving licence which You have held for at least 1 year at the date of being provided with the Courtesy Car; 10.2.2 You hold Your own valid insurance for any highway You intend to drive or have driven on; with cover for personal, domestic, pleasure and/or Business where You use the Courtesy Car; covers any damages, theft, fire, total lose, lose or impounding of the Courtesy Car. We will not provide this cover; 10.2.3 You must return the Courtesy Car undamaged internally, externally and mechanically. It must be kept clean, not smoked in and have no animals inside. You must maintain the Vehicle to a reasonable level to ensure road worthiness and prevent any damages, which includes (but not limited to) tyre condition/tread/pressures, all fluid levels, external lights, washer/wiper operation, MOT has not expired. If You suspect any reason the Courtesy Car is unsafe, unroadworthy or could cause damage in any way, You must not drive the Courtesy Car and inform Us immediately. Any damages, lack of maintenance or lack of cleanliness which occur while the Vehicle is lent to You, will be charged to You to recover Our loses fully; 10.2.4 You must return with the same amount of fuel provided to You, any fuel differences will be charged at the current forecourt Price (where We choose to replace the fuel) with an additional cost of 15%. Any misfuelling and where recovery and/or mechanical damages has occurred will be charged to You; 10.2.5 Any fines including (but not limited to) speeding, toll, parking will be charged to You, where an unlimited administration charge may be added charged to You;
11.1 You may cancel any Work booked as set out in sub-Clause 11.5 or as set out in sub-Clause 11.3; 11.2 If You cancel under sub-Clause 11.3 or 11.5, and You have paid Us any deposit or prepayment under sub-Clause 3.1, We shall return it to You less any amount You owe to Us under any part(s) of this Clause 11, but You will still be liable to pay Us the remainder of the amount You owe Us; 11.3 If, on or after You have brought Your Vehicle to Our premises for the Work to be carried out, You cancel the Work but We have by that time begun the Work, You must pay Us for all labour and for all parts We have used and, if We so decide, for all parts We have ordered but not yet used if in Our reasonable judgement We are unlikely to use or sell those ordered parts within 30 calendar day Period. We shall Invoice You for that labour and those parts. We will charge You for that labour at the same hourly rate as We used to calculate the Price. Clause 3 shall apply to the payment of any such Invoice; 11.4 The parts We have ordered but not used by the time You cancel will remain Our property. We may use or dispose of them as We see fit without accounting to You for their cost where We have charged You for them under sub-Clause 11.3; 11.5 Where the contract We make with You is not made on Our premises, the Regulations give You the following rights in addition to the rights given to You by the above provisions of this Clause 11: 11.5.1 You may for any reason cancel a booking during the 14-day Period after We confirm that booking unless sub-Clause 11.5.2 applies. If You cancel as allowed by this Sub-clause 11.5.1, and You have already made any payment(s) to Us for the Work, We will refund the payment(s) to You within 14 days of receiving Your cancellation; but 11.5.2 if the booking is for a date for beginning the Work which is before the end of the 14 day Period from when You make the booking and if You have expressly requested Us to do any of the Work and We do so, You may not cancel the booking and You must pay in accordance with Clause 11.3 for such of the Work as has been carried out; 11.5.3 If You request that Your booking be cancelled, You must confirm this by telephone, email, SMS/WhatsApp with confirmation from Us. 11.6 If You cancel any booked Work and You have a Courtesy Car from Us, You must return it to Us immediately; and 11.7 Once You have paid Us all that You owe Us, You shall collect (or arrange for the collection of) Your Vehicle within 7 calendar days. If Your Vehicle remains on Our premises beyond that Period. You shall pay Us for its storage at the rate of £8.50 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge).
12. How We Use Your Personal Information (Data Protection)
12.1 In so far as any Service(s) involve Us in collecting, using, or holding or otherwise processing any Data obtained from You which is personal data (including, but not limited to, Your name and address), We in most cases require this to carry out Service(s) You have requested and for future reminders, marketing and promotions. We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 2018 and Your rights under that Act and these Terms and Conditions. Your express consent will be considered consensual should You inform Us not to store this information. Should You wish for Us not to store or use this information, You can opt out by telephone, email or SMS/WhatsApp; 12.2 We may use Your personal information as follows: 12.2.1 to provide Our Service(s) to You; 12.2.2 to process Your payment for the Service(s); 12.2.3 to provide You with future reminders regarding Your Vehicle including MOT expiry, servicing requirements, repair recommendations or special offers/marketing 12.2.4 We will not pass on Your personal information to any other third parties without first obtaining Your express permission. You can find more on our data protection policy at ico.org.uk, registration number ZA286881.
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We confirm the booking for any Work) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We confirm the booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
14. Information As required by the Regulations:
14.1 all of the information described in Clause 13; and 14.2 any other information which We give to You about any Service(s) or the Garage which You take into count when deciding to make a booking or when making any other decision about the Service(s); will be part of the terms of Our contract with You as a Consumer.
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a Customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about the Work or Our Service(s) or any other complaint about the Garage or any of Our staff, please raise the matter with The Manager who can be contacted at the Garage, via the website or by telephone.
16. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
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.
18. Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales; 18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a Consumer to rely on those provisions. 18.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
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WHAT WE COLLECT
We may collect but not limited to the following information: Your name, address, contact information including email address, details of your vehicle(s) Demographic information such as postcode, preferences and interests or other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION
We require this information to understand your needs and provide you with any services. In particular for the following reasons: Internal record keeping. We may use the information to improve products and services. We may periodically send promotional emails or contact you via sms, telephone or post about new products, special offers or other information which we think you may find interesting or beneficial. From time to time, we may also use your information to contact you for market research purposes. We may contact you via email, phone or mail. We may use the information and feedback to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have security precautions electronically and physically in place.
HOW YOUR COOKIES ARE USED
A cookie is a small file which asks permission to be placed on your computer’s hard drive. When accessing our website and clicking the 'Accept' button we will assume you are happy with this and are aware you can opt out by leaving the page before clicking accept. The cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide you with a better website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website. For details on how to remove a cookie from your browser, please refer to your browsers help and support section.
LINKS FROM OUR WEBSITE TO EXTERNAL WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways: Whenever you are asked to fill in a form on our website, please make a note in the message or contact me directly to indicate that you do not want the information to be used by anybody for direct marketing purposes or for us to gather information required to provide our services. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us. We will never sell, distribute or lease your personal information to third parties unless required for a service you have requested, we have your permission or am required by law to do so. We may use your personal information to send you promotional information from us or about third parties which we think you may find interesting. You can opt out by contacting us. You may request details of personal information which we hold about you. A small administration fee may be required. If you would like a copy of the information held on file relating to you please contact us. If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.