Feakins of Kettering Limited
Service, Repair and MOT Centre
Tel: 01536 517038
Feakins of Kettering - Terms and Conditions
We, the company, accept vehicles in order to provide goods and/or services. Services includes, but is not limited to, repairs, inspection, determining, and estimating repairs, storage, garaging or pending sale or for any other purpose. The provision of Goods and Services are subject to the following terms and conditions:
TERMS AND CONDITIONS OF BUSINESS for FEAKINS of KETTERING LIMITED
1.1. “The Company” refers to Feakins of Kettering Limited. Company Reg. Number 08605067
1.2. “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by Feakins of Kettering Limited.
1.3. “The Conditions” refers to the terms and conditions of Feakins of Kettering Limited operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of Feakins of Kettering Limited.
1.4. “The Vehicle” Save where the context forbids, the expression “Vehicle” wherever used in these conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle, and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery and each and every component of a Vehicle.
1.5. No alteration or qualification of these printed terms and conditions shall be effective unless in writing, singed on behalf of the Company by a Director or a duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of the Company otherwise than on such conditions.
2. Conditions of Sale
2.1. These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer 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 Feakins of Kettering Limited shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.3. Orders received, for goods and/or services, from any driver employed by the customer, or by any person who is reasonably believed to be acting as the customers’ agent, or by the order of any person to whom the company is entitled to make a delivery of the vehicle, shall be binding upon the customer.
3.1. Estimates are valid for 28 days from the date given. If instructions are not received from a customer (in response to an estimate rendered) within 28 days, the company may invoice for reasonable storage charges from the date the vehicle was received until its collection. (Note:- The company does not as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the company and duly paid for).
3.2. All estimates by the company are subject to change caused by variations to the company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the company may it if thinks fit require the Customer to pay on completion of the work any increase due to such variation.
3.3. If no estimate is provided or if part only of the work covered by the estimate is carried out by the company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
3.4. The Company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
4.1. A Surcharge of 20% is payable to Feakins of Kettering Limited for parts which are a special order for the Customer if the Customer does not go ahead with the repair. The Company may also at its entire discretion, demand a deposit before commencing any work. The customer shall co-operate with the company in all matters relating to this condition.
5. The Price and Payment
5.1. The price of the service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer 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 the Company. 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.
5.2. 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 the Company. Payment in this instance is generally agreed to be 30 days from date of invoice.
6. Credit Terms
6.1. Where Credit Terms have been extended to the Buyer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer exceeding the Credit Limit extended to the Buyer.
7. Remedies for late Payment
7.1. Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer 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.
7.2. 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 and subject to clause (7.1.) above.
7.3. The Company shall be entitled to recover from the Buyer 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.
7.4. Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of Feakins of Kettering Limited until all amounts owed are paid.
7.5. The Company shall have a general lien on all of the Customer’s vehicles and all their contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the Lien.
8. Title and Risk
8.1. Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer 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 Buyer to the Company.
8.2. Every endeavour will be made to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods / Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant collection.
8.3. The Company shall have no liability to the Customer under the terms and conditions if it is prevented from, or delayed performing, its obligations under the terms and conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Suppliers or Subcontractors.
9. Buyer’s Warranties
9.1. The Buyer 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 the company or exercise any other rights over or against the company’s assets.
9.2. The Customer shall be liable to pay to the Company, on demand, all reasonable costs, charges or losses sustained or incurred by the Company arising directly or indirectly from the Customer’s fraud, negligence or failure to perform or delay in the performance of any of its obligations under the terms and conditions.
10. Disputes procedure and Jurisdiction
10.1. Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place, it also complies with the Data Protection Act.
11.1. The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the Manufacturer of parts and materials supplied or any sub-contractor. All work carried out by the Company is warranted against failure due to defective work for a period of three months / 3000 miles, whichever occurs first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.
11.2. 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 the Company only (exceptions apply).
11.3. If the Company’s performance of its obligations under the contract is prevented or delayed by any act or omission of the customer, its agents, subcontractors, consultants or employee’s, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
11.4. In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.
12.1. The Company is not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such a loss or damage is caused by the sole negligence or deliberate act of the Company or its servants. Under no circumstances will the Company accept liability for loss or damage outside its control or for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
13. Vehicle Collection
13.1. Where in any case a driver who, so far as the Company is aware has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss of damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then or to have been at some time, connected with the Customer.
14. Vehicle Storage
14.1. The Company 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. All other cars delivered to or dropped off at Feakins Garage for storage under all other circumstances will be charged at £25 + Vat per day, and commercial vehicles will be charged at £30 + Vat per day, which is chargeable seven days a week.
15.1. All parts removed by the Company in the course of repair shall, if not claimed by the Customer within 14 days after the completion of the repair be deemed to be owned by the company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specifically ordered are not returnable.
15.2. Any notice to the Customer posted to their last known address shall be good notice. Any query regarding this invoice needs to be made in writing within 14 days of receipt.
15.3. Customers are strongly advised to remove all items of value not connected with the Vehicle when leaving it on the Company’s premises since the Company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by a reasonable lack of care on the part of the Company.