BEATY FLEET SERVICES
TERMS & CONDITIONS FOR SERVICING, REPAIRS AND SUPPLY OF PARTS
Terms & Conditions
1. Definitions
1.1. "The Company", Beaty Fleet Services Limited, the person who is the vendor of the services and or goods to the customer.
1.2. "The Customer", the person contracting for goods and services to be supplied by the Company.
1.3. "Consumer", a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
1.4. "Goods" means all things to be sold by the Company to the Customer.
1.5. "Services" means all services, including repairs, provided by the company to the Customer.
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2. Whole Contract
These terms shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.
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3. Interpretation
The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
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4. Enforceability
In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
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5. Estimate
5.1. Unless specifically agreed in writing, all work is agreed on an estimate basis.
5.2. Unless specifically agreed in writing, time for completion of any work is not essential.
5.3. Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Company reasonable control.
5.4. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
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7. Goods Supplied
7.1. All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice quoting the invoice number..
7.3. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.
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8. Variation
Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract
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9. Delivery
The Company shall give the estimated time for the repair of a vehicle or trailer and shall make every effort to inform the Customer if this estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.
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10. Payment
Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.
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11. Warranties
Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle or trailer subject to a manufacturer's warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.
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12. Liability
Where the Company contracts to carry out a defined repair or diagnostic operation, the Company's liability shall be limited to the performance of such work as may be defined by the standard manufacturer's schedule as coming within the scope of such operation.
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13. Use of the Customer's Vehicles & Trailers
The Company and its employees and agents are expressly authorized to use the customer's vehicle and trailer on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle and trailer.
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14. Authority to Contract
Goods supplied by the order of any person in the Customer's employment or by any person reasonably believed by the Company to be the Customer's agent or by any person to whom the Company is entitled to make delivery of the vehicle and trailer, shall be paid for by the Customer.
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15. Authority to Uplift
Where a person who, so far as the Company is aware, has authority to uplift Goods, Vehicles and trailers and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
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16. Lien
The customer acknowledges that the Company has a legal lien upon any vehicle/trailer or vehicles/trailer left with the Company for supply of goods and services for all monies due from the customer on any account.
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17. Risk / Delay
Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles and trailers, including components, fittings and contents 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 delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.
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18. Bankruptcy / Insolvency of Customer
If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.
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19. Storage Charges
If, following the completion of services the Customer's vehicle(s) is left at the Company's premises or the premises of the Company's agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
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20. Replacement Parts
The Company shall obtain the Customer's express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
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21. Disposal of Uncollected Goods
Any vehicle and or trailer which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the Customer last known to the Company 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 a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer's last known address.
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22. Data Protection
22.1. The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Company, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Dealer Principal at the Company address.
22.2. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
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23. Dispute Resolution
In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:
All formal/written complaints relating to the Company, its staff or services must be brought to the attention of a Director of the Company.
An investigation of the complaint will be carried out by a Director on behalf the Company.
A Director, on behalf of the Company, will provide a written response to the complainant with his/her findings within 3 working days. Should further time be required for the investigation, the complainant will be contacted before the end of the third working day with a progress update explaining the reasons for the time extension. The investigation must be completed by the end of the fifth working day since the last contact with the complainant.
Once the investigation has been completed, a letter/e-mail will be sent to the complainant explaining the Company's position. The letter/e-mail will explain the details of the investigation including factual details of the findings. The letter/email will summarise the Company's position regarding the outcome of the investigation.
If the Company has not received feedback from the complainant following the outcome of the letter/email within one calendar month, the Company will assume that the matter has been fully resolved.
All complaints' records will be stored electronically and/or on hard copy in a secure folder
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24. Statutory Rights
Where the Customer is acting as a consumer, nothing in this contract is intended to exclude or limit the Customer's statutory rights.
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