Terms & Conditions

TERMS AND CONDITIONS OF BUSINESS

(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)

Bart Audi Specialist

1. CONDITIONS

1.1 These Conditions shall apply to all contracts for any parts or service provided by Bart Audi Specialist to the consumer, to the exclusion of all other terms and conditions, including any terms and conditions the consumer may purport to apply under any purchase order, confirmation of order, or similar document.

1.2 Agreement of any work to be carried out by Bart Audi Specialist shall be deemed conclusive evidence of the consumer's acceptance of these Conditions.

2. THE PRICE AND PAYMENT

2.1 The price of the service provided shall be the price agreed between Bart Audi Specialist and the customer, at the time the customer agrees to work being carried out. This price may vary, dependent upon any change in part 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 the company, this will be communicated to the customer. 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.

2.2 Payment of the price and VAT shall be due at the point of collection/delivery of the vehicle following completion of repairs unless otherwise agreed with Bart Audi Specialist.

3. ORDERS/ESTIMATES/DEPOSITS

3.1 Estimates are valid for the date given. If instructions are not received from a customer (in response to an estimate rendered) within 24 hours, Bart Audi Specialist may invoice forreasonable storage charges from the date that the vehicle was received until its collection. (Note: Bart Audi Specialist does not, as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out and duly paid for).

3.2 All estimates by Bart Audi Specialist are subject to change caused by variations to the company of labour, materials and parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate Bart Audi Specialist will inform you of this change and will not continue with the extra services until you have confirmed for it to go ahead.

3.3 Bart Audi Specialist may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided. Variations to the estimate, the scope of the repairor work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.

3.4 Bart Audi Specialist may require a deposit before commencing any work. The customer shall cooperate with Bart Audi Specialist in all matters relating to the services offered.

3.5 Unless otherwise agreed, Bart Audi Specialist will complete the work in a reasonable time. If an estimated or specific time for completion is given by Bart Audi Specialist, it will notbe liable for circumstances beyond its control, this will be communicated to the customer.

4. DELIVERY/COMPLETION

4.1 Every effort will be made to provide the services and or repairs by the estimated time, but Bart Audi Specialist shall not be liable for any delay in completing the services and or repairs. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection. Bart Audi Specialist will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work. Any delays in the work carried out will be communicated to the customer.

5. PAYMENT

5.1 Payment for all services and repairs is due on completion of work. The services or repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All services or repairs shall remain the absolute and unencumbered property of the Bart Audi Specialist until such time payment has been received in full from the customer in respect of the services that have been provided.

5.2 Bart Audi Specialist shall have a general lien on all of the customer’s vehicles and all of their contents for all monies owed by the customer on any account whatsoever. Bart AudiSpecialist shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien, storage costs can be found in section 11.2.

6. REMEDIES FOR LATE PAYMENT

6.1 If any amount payable by the customer is not received on the due date Bart Audi Specialist may:

6.2 Add interest on debt which shall accrue from the date of the invoice, unless a written agreement is in place between Bart Audi Specialist and the customer giving an agreed payment period of 14 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 the Bank of England at the time payment of the invoice is due. Interest will accrue until settlement is reached.

6.3 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable.

7. RISK

7.1 Any work carried out by Bart Audi Specialist 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. Any parts fitted shall not pass from Bart Audi Specialist to the customer until all outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the customer.

8. DISPUTES PROCEDURE AND JURISDICTION

8.1 Any and all contracts entered into between Bart Audi Specialist and the customer shall be governed by the laws of England and Wales and all disputes arising out of any contract between Bart Audi Specialist and the customer shall be subject to the exclusive jurisdiction of the courts of England and Wales. If the customer is dissatisfied with any repair or service carried out by the Bart Audi Specialist, the customer should first make contact in order to try and resolve the matter.

9. WORK AUTHORISATION

9.1 Any additional work that needs to be carried out in order to repair the vehicle will need to be authorised by the customer due to the fact the vehicle is on-site and the customer is not, we will accept authorisation over the telephone. We will never carry out extra work on a vehicle without consulting with the customer first.

9.2 All parts removed by the Company in the course of the repair shall, if not claimed by the Customer within 24 hours after the completion of the repair be deemed to be owned by Bart Audi Specialist.

10. DAMAGE LIABILITY/DAMAGE TO VEHICLE

10.1 The customer is responsible for checking their vehicle for any damage before it leaves the company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the company.

11. VEHICLE STORAGE

11.1 If Bart Audi Specialist exercises any lien or the customer fails to collect the motor vehicle within an agreed collection time then Bart Audi Specialist may:

11.2 Store the motor vehicle until actual delivery and charge the customer for the cost of storage at a rate of £10 plus VAT per day or

11.3 Return the motor vehicle to the customer and charge the customer for any costs incurred as a result of such return.

12. PAYMENT FOR SPECIAL ORDER PARTS

12.1 Payment for parts which are a special order for the Customer must be paid for prior to work being carried out, this is to protect the business from shortfall.