TERMS AND CONDITIONS OF BUSINESS
1. Definitions
1.1 “AMS” refers to Darren Down trading as Advanced Motoring Services.
1.2 “The Customer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by Love Green Garage Ltd.
1.3 “The Conditions” refers to the terms and conditions of AMS’s operations, set out in this document and any special terms and conditions agreed in writing by the proprietor, or other member of his management team, acting for and on behalf of AMS.
2. Conditions
2.1 These Conditions shall apply to all contracts for any parts or service provided by AMS to the Customer, to the exclusion of all other terms and conditions, including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by AMS shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed between AMS and the Customer, at the time the Customer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of AMS. The price of the work carried out is exclusive of VAT. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.
3.2 Payment of the price and VAT shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with AMS. Payment in this instance is generally agreed to be 30 days from date of invoice.
4. Credit Terms
4.1 Where Credit Terms have been extended to the Customer by AMS, AMS reserves the right to refuse to provide any of its garage services or parts ordered by the Customer, where to do so would mean the Customer exceeding the Credit Limit extended to the Customer.
5. Remedies for Late Payment
5.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between AMS and Customer giving an agreed payment period of 30 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.
5.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to AMS from the Customer shall become immediately payable and subject to clause 5.1 above.
5.3 AMS shall be entitled to recover from the Customer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under clause 5.2 above.
5.4 Without prejudice to any of AMS’s other rights, AMS may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Customer. Any parts, or equipment, provided to the Customer by AMS remain the property of AMS until all amounts owed are paid.
6. Title and Risk
6.1 Any work carried out by AMS at the request of the Customer, will be at the Customer’s risk from the point of completion of work, to the Customer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from AMS to Customer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the Customer to AMS.
7. Customer’s Warranties
7.1 The Customer hereby warrants that he is not an undischarged bankrupt and has not committed any act of bankruptcy or being a company with either limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver or to petition for the winding up of AMS or exercise any other rights over or against AMS’s assets.
8. Disputes procedure and Jurisdiction
8.1 Any and all contracts entered into between AMS and the Customer shall be governed by the laws of England and Wales and all disputes arising out of any contract between AMS and the Customer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Customer is dissatisfied with any repair or service carried out by AMS, the Customer should first make contact with AMS in order to try to resolve the matter. AMS has a complaints procedure in place. AMS also complies with the Data Protection Act.
9. Warranty
9.1 The parts and labour itemised on the invoice, are guaranteed free from defect for 12 months or 12000 miles (which ever comes first) from the date of invoice, unless detailed otherwise, with the exclusion of damage arising from customer/third party interference, routine wear and tear, negligence, abuse and accidental damage. This applies to new parts provided by AMS only (exceptions apply).
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by AMS providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by AMS. Your statutory rights are not affected.
10. Vehicle Storage
AMS will invoice £15.00 + VAT per day for the storage of any vehicle not collected within 24 hours of being advised of completion of work.
11. Surcharge for Special Order Parts
A Surcharge of 20% is payable to AMS for parts which are a special order for the Customer if the Customer does not go ahead with the repair.