SULTAS AUTO SPECIALISTS LIMITED ( hereinafter “Sultas”)
TERMS & CONDITIONS OF BUSINESS
(Nothing within this document shall restrict or limit a customer’s statutory rights)
Sultas’ primary business is the service and repair of motor vehicles together with the ad hoc sale of motor vehicles and parts purchased by us at the request of a customer.
The Title in any goods or services does not pass to the customer until all monies owed are received in clear funds irrespective of the payment method.
In respect of the Service and repair of vehicles please refer to the conditions below; in respect of Parts sales please refer to the conditions set out below but please note that notwithstanding the provisions of clauses 27 through to 31 inclusive, bespoke goods, that is goods which are unique and or specific to the customer or the vehicle cannot be returned for either a credit or a refund.
1. These terms and conditions , together with the details on the Job Card or Order Form, are intended to contain all the terms of the agreement ( the “Agreement”) between us ( the Company/ We) and you ( the Customer/You) relating to the servicing, repair or other works ( the “Works”) to the vehicle identified on the Job Card ( the “Vehicle”) and / or to the supply of goods, parts or other items to be supplied by Us, whether or not in conjunction with the Work ( the “Goods”). If you wish to rely on any amendment you should ensure it is confirmed in writing by an authorised representative of the Company.
2.If we agree to any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to the Agreement and not a new agreement.
3.You warrant that you own the vehicle or are duly authorised by the owner to enter into the Agreement for the work to be done on it on these terms. Further, you expressly authorise Sultas and its servants or agents to use the Vehicle on the highway and elsewhere for all purposes in connection with the Agreement.
4.We reserve the right to refuse to carry on any Work on any Vehicle which we consider, at our sole discretion to be unsafe and or unroadworthy. Furthermore, we may refuse to carry out any Work which may, in our sole opinion render the Vehicle unsafe and or unroadworthy.
5.Where we are undertaking Work and identify, in our sole opinion, a need for further essential work and or essential safety related repair/s you will be advised accordingly. Should you decline to authorise such further repair/s whether essential work and or safety related then You will assume all risks once the Vehicle leaves Our premises and should the circumstances dictate You agree to arrange prompt transportation of the Vehicle from our premises.
ESTIMATES & QUOTATIONS
6. An estimate is our considered approximation of the likely cost of the Works and or Goods and will be valid for 30 days from the date of the estimate unless we are advised by any manufacturer or supplier of the Goods within that 30 day period that they have increased their price/s. In such circumstances you will have the right to cancel any order unless that order is for a second hand part ordered by Us specifically at Your request.
7. Unless otherwise agreed in writing , if it appears during the course of the Work that the estimate will be exceeded by more than ten per cent (10%) of the total , we will notify you and will not continue with the Work unless you expressly authorise us to do so.
8. If you have left the Vehicle with us for an estimate or have declined it but have failed to collect the Vehicle within 14 days of the date of the estimate we may charge you for the storage of the Vehicle from the end of that period until the Vehicle is collected. For the avoidance of doubt we make no guarantee that the Vehicle will be kept in secure locked premises overnight due to number of vehicles coming into the workshop for work. In such circumstances we will notify you and no storage costs will arise for any period we do not store the Vehicle indoors overnight. In the above circumstances you must rely on your own Vehicle insurance for all risks.
9. A quotation is a fixed price for Services and or Goods and is intended and meant for basic routine Works such as the performance of a MOT or a vehicle service consistent with the manufacturer’s recommendations.
10. All estimates and quotations are exclusive of any applicable Value Added Tax (VAT) or Customs Duty and or any other costs arising from a necessary part having to be imported by Us for You from the EEA post Brexit.
COMPLETION OF WORK AND PAYMENT
11. We will use our best efforts to complete the Work or supply the Goods within any time estimate we have given you but will not be liable for delays due to reasons beyond our control.
12. We shall be entitled to sub-contract all or any part of the Work where in our sole opinion that is necessary but will be responsible for the quality of the sub-contractor’s work.
13. If for any reason we do not carry out the Work in full, we will charge you only for the Goods actually fitted and a reasonable amount for any Work actually done.
14. We will notify you when the Work is complete and the Vehicle and or the Goods are ready for collection and you must pay in full for the Work and or Goods upon collection.
15.All payments must be made in cash or by a UK debit / credit card unless we have agreed in advance to accept a cheque in which case the cheque must be drawn on a UK clearing bank and received not less than seven (7) banking days before you collect the Vehicle and or Goods.
16.We are entitled to retain the Vehicle and or Goods ( our lien) until you have paid us in full for the Work and or Goods.
17.If you fail to pay the full amount due or fail to collect the Vehicle and or Goods:
17.1 within 7 days of being notified that the Work is complete and or that the Goods are ready for collection we may charge you for the storage of the Vehicle and or the Goods from the end of that period.
17.2 within 2 months of being notified that the Work is complete and or that the Goods are ready for collection we may ( after giving you the requisite notice of our intention to do so if you have not paid the full amount due and collected the Vehicle and or Goods before such notice expires) sell the Vehicle and or Goods, deduct the amount owing to us ( including statutory interest, storage charges and the costs of sale) and pay any surplus balance to the entitled beneficiary.
18.Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to you at our premises when you collect them.
19.We will retain all parts / components replaced during any Work done except for any to be returned under warranty, service exchange arrangements or required to be disposed of by us by operation of law until the Vehicle is collected and will be free to dispose of them as we see fit unless you specifically request that they be returned to you when collecting the Vehicle.
TRANSFER OF OWNERSHIP AND RISK
20. The Goods will continue to belong to us until you have paid for them in full. However, you will be responsible for any loss or damage from when they are delivered to you. A cheque will not be treated as payment in full until it has been cleared.
LOSS, DAMAGE AND LIABILITY
21. We pride ourselves on the quality of our workmanship and will carry out the Work with reasonable skill and care. We warrant that our Work will remain free of defects for a period of 12 months or 10,000 miles, whichever occurs first, from the date the Work is completed. However, such warranty will not apply if the Vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your (a) failing to inform us promptly of the defect and allowing us promptly to examine the Vehicle and endeavour to remedy the defect (b) misusing or neglecting the vehicle or using it or permitting it to be used for racing, rallying or similar sports (c) failing to comply with instructions and or advice from the manufacturer or from us concerning the treatment, maintenance and care of the Vehicle which may include advice concerning the deterioration and or lack of functionality of the Vehicle parts and or components and or Goods or to have it / them serviced in accordance with the manufacturers’ instructions ( d) fitting the Vehicle or permitting it to be fitted with parts or accessories which have not been approved by the manufacturer ( whether expressly or implicitly) or (e) altering the Vehicle and or Goods or permitting them to be altered in any manner which has not been approved by the manufacturer.
22. We will supply brand new Goods with the manufacturer’s warranty as supplied by the manufacturer. The manufacturer’s warranty is additional to your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under the manufacturer’s warranty may be carried out by any dealer or service workshop authorised directly or indirectly by the manufacturer who may repair or replace any defective Goods or ( if repair or replacement is uneconomic) refund an appropriate part of the price you paid for them.
23. We will supply second hand Goods at your request. Warranties provided for such Goods are not always as comprehensive nor afford the level of consumer protection as with brand new goods. Any warranty for second hand goods supplied by us at your request is in addition to your statutory rights but for the avoidance of doubt we make no representation as to the quality and or durability of such Goods. We will inspect such Goods for obvious defects but accept no responsibility for any latent defect/s that may subsequently materialise. You agree to be bound by the terms of the supplier’s warranty in respect of such second hand goods.
24. We will install second hand Goods supplied to us by you. In these circumstances our liability is limited to the correct installation of such Goods ( provided always that such Goods are capable of being installed correctly without any modification) and not for any defects and or consequential loss or damage whatsoever caused by any defect in the Goods supplied by you to us.
25. If the Work includes painting then if the metal to be painted is rusted or shows signs of corrosion we or the sub-contractor we instruct will take all reasonable precautions to prevent rust penetrating the paint after completion of the Work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
26. You must observe the instructions for use, cautionary notices and any other technical information and data supplied with the Goods.
27. We limit our liability to you for any breach of the Agreement to the amount that you have paid for the Work and or Goods and expressly exclude any and all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss. Notwithstanding the aforementioned, your rights pursuant to the Consumer Rights Act 2015 apply and we do not limit our liability for death, personal injury or fraud resulting from our negligence.
28.It is your responsibility to remove any items of value not related to the Vehicle as we will not accept any liability whatsoever for loss or damage to such items which is not directly caused by our negligence.
RETURNED GOODS, DISTANCE SELLING AND OFF-PREMISES CONTRACTS
29. Where the parties have contracted in person on our business premises, we may ( at our sole discretion ) accept the return of any Goods which you did not specifically order provided that you return them in the same condition ( including packaging) as when supplied. Any such returns must be made within 7 days of delivery, you must produce our original invoice and pay our reasonable handling charges for the returned Goods.
30. If this Agreement is a consumer agreement ( and not in the course of a trade or business) and has been concluded (a) without any face to face contact between us or anyone acting on our respective behalf, or (b) in the simultaneous physical presence of you and us but in a place which is not the business premises of us, you may give notice cancelling this Agreement within 14 days of taking delivery of the Goods. To exercise this right to cancel you must inform us in writing ( email or letter sent by post) of your decision to cancel the Agreement.
31. If you cancel the Agreement pursuant to clause 30, we will reimburse all payments from you, including the costs of delivery, by the same method of payment originally made for the Goods unless we agree otherwise. We may make a deduction from the reimbursement for loss in the value of any Goods supplied if the loss is a result of unnecessary handling by you. We will make the reimbursement without undue delay and not later than 14 days after we receive back from you the Goods supplied or ( if earlier) 14 days after you provide evidence that you have returned the Goods.
32. You shall return the Goods without undue delay and in any event no later than 14 days after you communicate the cancellation of the Agreement to us. You will be responsible for the direct cost of returning the Goods. You will be responsible for any diminished value in the Goods resulting from the handling other than what is reasonably necessary to establish the nature, quality, characteristics and functionality of the Goods.
33.Save as set out above we will not accept the return of any Goods which are not defective.
34. Unless otherwise stated in this Agreement any notice to be given under this Agreement must be in writing and sent either by email to us and its receipt confirmed by us or by post to the address of the person it is addressed to and shall be deemed to have been received in due course of post.
35. If the Vehicle incorporates a recording device such as a dashboard camera, interior camera or onboard camera it must be disconnected by you before the Work is commenced. In the event that you fail to disconnect any such device in the Vehicle you expressly consent to us disconnecting it and accepting that we shall not be liable for the loss of any information and or data that may have been stored on the device prior to disconnection. This condition cannot be excluded from the Agreement between you and us and is pursuant to our obligations under Data Protection legislation and privacy provisions.
JURISDICTION & COMPLAINTS
36.This Agreement shall be governed exclusively by the laws of England and Wales.
37. Sometimes, despite best efforts, things go wrong. Whilst we pride ourselves on our work and reputations we understand that if something has gone wrong our customer expects it to be put right. We operate a fair and transparent business and treat all our customers as we would expect to be treat by them. In the unlikely event of a complaint please contact either Neil Tasker or Inderjeet Sull in the first instance.
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