TERMS OF BUSINESS
Diagnatech Limited (“The Company”) accepts vehicles (as defined in section 2) from a customer, sole consumer or consented third party customer (“The Customer”) for inspection, estimation and repair, only on and subject to the following terms and conditions (in addition to any other conditions set out by The Company)
- All documents, including these terms, set out the agreement between The Customer and The Company for the supply of services and repair.
- The expression “vehicle” where used in these Terms of Business includes car, lorry, van, trailer, caravan, invalid carriage and cycle and as a separate until otherwise, engine, gearbox, chassis components, generator, starter, battery and all ancillary parts and individual components on the vehicle.
- It is The Customers responsibility to make sure all permissions and authorisations offered to The Company with regard to repairs or maintenance are properly obtained. The Company will not be responsible in the event that a Third Party Customer does not have the Sole Consumer or Owner’s authority, unless The Company was negligent in not knowing that the person/persons did not have the requisite authority as state.
- If in the reasonable opinion of The Company it is impractical or inappropriate to carry out any of the works The Company shall be entitled to refrain from carrying out said works. Both The Company and The Customer are entitled to withdraw from any agreed service at any time before a deposit has been paid or services have been started.
- It is The Customer’s responsibility to provide The Company with all and relevant information and instruction prior to any estimates being given, with regard to any financial information or services required, in relevance to carrying out any estimated works or repairs. The Company shall not be liable for any problems that may arise as a result of inaccurate or incomplete information received by The Consumer.
- All estimates are effective for the period of 28 days from the initial date of the estimate. If no instruction is received from The Customer within the period of 28 days, The Company may withdraw or change the estimated price.
- The Company will always endeavour to carry out works and repairs in accordance with the timescales given, but shall not be liable for any delays howsoever caused, even if a deadline time/date has been given.
- The Company may demand a deposit on any particular repair or order, especially in the case of non-returnable or specially ordered parts, before works commence and/or during commencement as appropriate.
- Full payment of any outstanding account or invoice is due in full and in cleared funds either (i) on completion of the work, or (ii) 28 calendar days after The Company has raised the invoice. A repair is completed when notice has been given that the vehicle is ready for collection. The Company may cancel or suspend any works or repairs being carried out until any outstanding amount has been paid or settled in respect to the account or vehicle as so mentioned. Title and ownership of goods shall not pass to the customer until all accounts or invoices owed to The Company are paid in full.
- Any outstanding amount on account or invoices owed past any due date set by The Company shall be subject to interest charges at a rate of 2% per calendar month. This is at The Company’s absolute discretion.
- The Company shall have a general lien on any vehicle and all contents for all monies owing, against any outstanding amount owed or overdue accounts.
- The Company will be entitled to charge storage rent of up to £20 per day on any vehicle left on the premises or in its parking facilities during any period if (i) The vehicle is not collected by The Customer after having been informed that the vehicle is either completed or ready for collection and/or (ii) The vehicle is retained by virtue of the aforementioned lien in section 10 of these Terms and Conditions.
- If any outstanding balance owed by The Customer is not satisfied within 12 weeks of initial invoice date, The Company may without notice, sell the vehicle, with net proceeds of the sale being applied to satisfying any and all monies due from The Customer to The Company. The Company will always pay any remaining balance to the customer on demand
- All parts and removed items from vehicles will be kept for a period of no longer than 14 days after completion of any repair/warranty work, in respect of visual inspection by or on behalf of The Customer. After a 14 day period any part shall become the absolute property of The Company and can no longer be claimed as property of The Customer.
- Unless otherwise stated, all repair work and procedures relating to any vehicle, are carried out under strict guidelines and in accordance with the manufactures schedule. Any works carried out by The Company will carry a 3 month/3000 mile (whichever occurs first) material failure warranty. This warranty only applies to actual works undertaken and does not cover any progressive fault diagnosis. Any warranty’s or benefits from a third party supplier will also be passed on to a The Customer where appropriate
- If The Customer gives possession of any vehicle for repair or maintenance to The Company, The Customer is deemed to have authorised any driving on public highways either for road-testing, collection or delivery purposes, unless express notice is given in writing to the contrary.
- The Company will not be liable or responsible for any failures to perform, poor performance, or delay in performance of any of its obligations under these Terms caused by events outside The Company’s control.
- Any written documents including estimates, invoices and account statements posted to The Customers last known address shall be good notice.
- This contract is governed by English Law and any and all disputes in relation to it shall be subject to the exclusive jurisdiction of the English courts
CUSTOMERS ARE ADVISED TO REMOVE ALL BELONGINGS AND ITEMS OF VALUE WHEN LEAVING ANY VEHICLE ON THE COMPANYS PREMISES. THE COMPANY CANNOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE CAUSED EXCEPT WHERE THIS IS SHOWN TO HAVE BEEN CAUSED BY A LACK OF CARE ON BEHALF OF THE COMPANY
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE