TERMS & CONDITIONS
Please be aware that nothing herein contained is intended to affect, nor will it affect, a consumer’s statutory rights under the Sale of Goods Act 1979, and Supply of Goods and Services Act 1982, or the Unfair Contract Terms Act 1977.
Any deposit paid in connection with the booking in of a vehicle for work is an earnest of performance by the Customer. If the vehicle is not delivered at such time on the date booked as will enable the work to be completed within normal business hours on that date fixed for completion of the work, the deposit shall be forfeit and if a booking is made for any other date a new deposit may be required.
LABOUR AND MATERIALS
The estimate overleaf is based on the cost of labour and materials obtaining at the date on which it was given. If the work has not been completed 30 days after the date we may increase the estimated charges in proportion to increase in any direct or overhead costs including without prejudice to the generality of the foregoing any increase in wages or in the cost of materials.
Payment in respect of all work done shall be made before the Customer takes delivery of the vehicle. Excel Motor Services Ltd shall be entitled to withhold delivery of any vehicle until such payment has been made.
Excel Motor Services Ltd guarantees to exchange or repair any defective parts which need replacement or repair by reason of defective material or workmanship during repair. This guarantee will not detract from a Customer’s right under the Supply of Goods and Service Act 1982 and at a Common Law. The guarantee shall be for a period of not less than twelve months or 12,000 miles use, whichever occurs first from the date on which the repairs were executed. No claim will be met under this guarantee if the vehicle has been subject to the Limitations outlined in the VBRA Code of Practice.
Excel Motor Services Ltd, stipulate that failure on the part of the customer to collect his vehicle within the normal business hours on the day on which work is completed, Excel Motor Services Ltd reserves the right to leave the vehicle parked on any public highway or to store the vehicle on its own premises or on any other premises whether covered or uncovered. If the vehicle is stored on Excel Motor Services own premises a reasonable storage charge may be made, and the delivery of the vehicle may be withheld until such charges have been paid.
If the vehicle is stored in another location to that of Excel Motor Services Ltd own premises provides Excel Motor Services Ltd with the right to may make a charge to the customer in respect of any cost whatsoever kind incurred by Excel Motor Services Ltd in connection with such storage. In no circumstances whatsoever shall Excel Motor Services be liable for any loss or damage to the vehicle while parked or stored pursuant to this clause.
DISPOSAL OF UNCOLLECTED GOODS
If within three months after the Customer has been advised of the completion of the work his vehicle is not collected from Excel Motor Services premises or from the place where it has been stored as aforesaid, Excel Motor Services may sell the vehicle and the Customer hereby gives Excel Motor Services irrecoverable authority for that purpose and for all purposes connected with such sale. Before proceeding to sell the vehicle Excel Motor Services shall first give to the Customer 7 days written notice of its intention to do so, which notice shall be sent by pre-paid first class post to the address of the Customer last known to Excel Motor Services and shall be deemed to have been received by the Customer on the day following the date of posting or if that shall be a Sunday or public holiday then on the first working day thereafter. Any sale of the vehicle under this clause shall be by public auction and Excel Motor Services Ltd shall be entitled to deduct from the proceeds of such a sale the costs of and in connection with the sale, and all charges for repair or storage for which the Customer is liable to Excel Motor Services Ltd pursuant to this agreement. Excel Motor Services Ltd may at its absolute discretion either retain the balance of the proceeds of the sale for the benefit of the Customer or forward the same to the Customer at the customer’s last known address in which case it shall be deemed to have been received by the Customer. This clause shall not derogate from Excel Motor Services Ltd rights by statute, including the Disposal of Uncollected Goods Act 1952.
Should Excel Motor Services Ltd consider that any additional work or materials are necessary for the purpose of performing the work specified over leaf or for the purpose of carrying out any subsequent testing, Excel Motor Services Ltd may make an additional charge in respect of such additional work or materials, providing that where the additional work or materials involved an additional charge greater than 10% of the amount of the original estimate (excluding VAT) such additional work shall not be performed and such additional materials shall not be supplied until a supplementary estimate has been submitted to the Customer and approved by him.
Excel Motor Services Ltd shall be entitled (unless instructed in writing by the Customer to the Contrary) to repair or to fit repaired units where new parts quoted for are unavailable or not obtainable within a reasonable time. In the event that it is not possible to replace, repair or re-fit a repaired unit in the circumstances as aforesaid, Excel Motor Services Ltd shall nevertheless be entitled to charge the Customer for any work carried out or parts supplied and shall not be under any further obligation to the Customer.
Excel Motor Services Ltd will use its best endeavours to complete any work required within the time specified, if any delays do occur, Excel Motor Services Ltd shall not in any circumstances whatsoever be liable for delay.
(i) Excel Motor Services Ltd shall be liable for any loss and damage caused to the Customers (but not any form of consequential loss) as the direct result of its negligence or that of its employees in carrying out repairs.
(ii) Save as aforesaid shall not be under any liability whatsoever whether on contract, tort or otherwise in respect of defects in the work carried out by it or for any injury, damage or loss resulting therefrom.
(iii) Without prejudice to the generality of the foregoing sub-paragraphs of this clause
(a) Excel Motor Services Ltd shall not be liable for any loss and damage howsoever caused in excess of the reasonable cost of remedying any defects in the work carried out.
(b) Excel Motor Services Ltd shall not be liable for loss or damage whatsoever representing loss of use of the vehicle for any period.
Although Excel Motor Services Ltd will endeavour to take every care of customers’ property whilst it is in its custody, it shall in no circumstances whatsoever be liable for any loss of or damage to any motor vehicle, accessories, contents or other goods while they are in Excel Motor Services Ltd custody for garage, storage, work, repair or other purposes, unless such loss and damage is caused by the negligence of Excel Motor Services Ltd or its employees. Excel Motor Services Ltd shall in no circumstances whatsoever including its own negligence or the negligence or criminal acts of its agents or employees, be liable in respect of loss or damage to valuables left in the vehicle and the Customer is strongly advised to remove them prior to delivery of the car to Excel Motor Services Ltd premises. For the purpose of the clause valuables shall include any money or jewellery and any object whose value exceeds £60.00 other than the vehicles spares, its accessories and its fittings. This condition shall apply not only in respect of matters arising while the vehicle is on the premises of Excel Motor Services Ltd but while it is being driven by members of Excel Motor Services Ltd staff and while it is standing outside the premises of Excel Motor Services Ltd or stored pursuant to clause here of.
Excel Motor Services Ltd shall in no circumstances whatsoever be liable in respect of the penetration of rust through paintwork after the completion of painting, it will take every reasonable precaution to prevent this from happening. If partial paintwork only is required Excel Motor Services Ltd will use its best endeavours to match the existing colour scheme, but it shall in no circumstances whatsoever be liable if the colour does not match.
For all purposes connected with this Agreement or the performance of any
work thereunder the Customer warrants that he is the Owner of the vehicle or
has the authority of the Owner of the vehicle.