Terms and Conditions of Berkshire Van Hire Ltd

Please read these terms and conditions carefully and if there is anything you do not understand, please ask any member of staff.  It is important that you fully understand and accept this written contract.

 

 

TERMS AND CONDITIONS

Please read these terms and conditions carefully and if there is anything you do not understand, please ask any member of staff. It is important that you fully understand and accept this written contract, as it is our intention to rely on it.

1. YOUR AGREEMENT WITH US

(1) Your signature on the form:-

(a) Is your acceptance of the terms set out below and on the form; and

(b) Creates a legally binding Agreement between you and us.

(2) Includes the information as shown on the form and any provisions set out thereon.

(3) Any additions or changes must be in writing and signed on our behalf and by you.

(4) Under the heading “MEANINGS” in clause 12 of this Agreement you will find an explanation of certain expressions used in this Agreement.

2. PERIOD OF HIRE

(1) We agree to let you have the use of the Vehicle from the Date/Time Out until the agreed Date/Time In.

(2) With our agreement you may extend the rental period, in which case the new agreed date and time for return of the Vehicle becomes the Agreed Date/Time In. You will authorise us to obtain further payment from your credit/debit card details that you supplied to us at the time of the booking. We may request you to confirm this in writing.

(3) The rental period cannot, however, exceed 89 days in total in any calendar year.

(4) If you are in breach of this Agreement we can end the rental before the Date/Time In. You will no longer have possession of the Vehicle with our consent. We may then take it back.

(5) We can also take back the Vehicle without notice if we reasonably think that you are in breach of any of the conditions of this Agreement or have given us incorrect information.

(6) You hereby authorise us to enter your property for the purposes of recovering the Vehicle where there has been breach of this Agreement.

3. WHAT YOU AGREE FROM THE OUTSET

For the purposes of this Agreement AND any insurance provided you agree that:-

(1) You will not use the vehicle for purposes which require the holding of an OPERATOR’S LICENCE without having such authorisation. You agree that if the vehicle is detained by the Vehicle Inspectorate for its illegal use that you will be responsible for any charges incurred in recovering the vehicle and for any consequent loss of rental income by us or the Lessor.

(2) The information which you have given us and which is entered on the form is true. Incorrect information can invalidate any such insurance.

(3) No-one named on the form as the Driver or Additional Driver:-

(a) Has ever been refused motor insurance;

(b) Is disqualified in any country from driving a Vehicle;

(c) Is subject to any current Court Order for the endorsement of his Driving Licence which does not yet appear on that Licence; pending court proceedings for a road traffic offence which can attract penalty points; a criminal conviction for a driving offence which has not been disclosed to us; or any physical or mental disability which affects his ability to drive a Vehicle;

(d) Has been disqualified at any time from driving for any alcohol or drug related offence.

(4) You will inspect the Vehicle before you drive it and tell us if you notice any problem with it (including any damage which has not been mentioned or on the inspection form);

(5) You will obtain and comply with any authorisation, licences or permits which are required for the driver to drive or operate the Vehicle;

(6) You will indemnify us against:-

(a) Any liabilities, costs and expenses (including legal costs) which are not covered by insurances taken out by you; and

(b) All claims by or against us resulting from your failure to comply with any of the terms of this Agreement or with the terms of any insurance policy effective during this Agreement.

4. OUR RESPONSIBILITIES TO YOU

(1) We have maintained the Vehicle in accordance with the manufacturer’s recommendations. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period.

(2) If the Vehicle becomes un-roadworthy we may at our discretion replace it. The replacement will be as similar as possible to the Vehicle you originally rented. If we do not replace the Vehicle we will give you a refund of the un-expired charges.

(3) Apart from expenses authorised by us for repairs we will not be responsible for any losses you may incur because of any defect or breakdown of the Vehicle. Our Insurance covers the Vehicle only and does not cover any goods, contents or personal effects which you carry or tow at your own risk.  We are not liable for any loss of or damage to any property which you or any other person leaves in or on the Vehicle. We are also not responsible for any loss which is a side effect of the main loss and which we or you could not have predicted, such as loss of profits or loss of opportunity. But we do accept any obligation which is imposed on us by statute (for example, relating to personal injury or death).

(4) If we find any property which has been left in the Vehicle or on our premises and this property has not been reclaimed within 48 hours of the end of the rental period we reserve the right to dispose of it and charge you for the reasonable cost of disposal. You will also be liable for any reasonable costs we incur in holding or storing the property and any reasonable administration costs (including the cost of posting property to you if so requested by you or a reasonable daily storage charge where applicable).

5. YOUR RESPONSIBILITIES WHILE YOU HAVE THE VEHICLE

You will comply with the terms of the relevant insurance policies.

(1) Apart from fair wear and tear you will pay for the cost of any loss of or damage caused to the Vehicle (this includes tyres), regardless of fault, during the rental and you will also pay for any loss of rental income while the Vehicle is being repaired. Our loss of rental income will be the usual rental charge for the Vehicle (charged from the date of damage or incident) until the repairs are completed or until settlement is reached and payment received, if the Vehicle is lost or beyond economic repair.  In addition you must pay our reasonable administration cost of processing any of these claims and for arranging repairs to be undertaken by specialists or other third party contractors.  But if there is an amount of money shown on the front of the rental agreement headed Insurance Declaration, then your liability for these losses and damage will be limited to that amount excluding damage incurred to the roof of the Vehicle or the windscreen.

(2) You will tell us as soon as possible about loss of or damage to the Vehicle, or if it is not working correctly. If further damage could be caused to the Vehicle by using it when it has been damaged or is faulty you must not continue to use it. You will make the vehicle available for repairs and scheduled servicing.

(3) You will take proper care of the Vehicle and the keys to the Vehicle at all times. You will make sure it is locked and secured when not in use and properly protected against damage due to bad weather. When not in use you will set and use any security device fitted to or supplied with the Vehicle.   You will ensure the vehicle is parked in a safe, secure location when not in use.  The Vehicle should not be parked off road.

(4) You must ensure the correct fuel is always used and regularly check and maintain correct levels of engine oil, tyre pressure, AdBlue and coolant.

(5) You will ensure the Vehicle is not used if it is in an unsafe condition or unfit to drive or for a purpose for which it is not designed or suitable.

(6) You will not overload the Vehicle or allow it to carry more passengers than the number for which it is designed and fitted out. You will properly secure all loads and will not carry hazardous, dangerous or inflammable substances.

(7) You will be responsible for any damage to the vehicle caused by hitting overhead or overhanging objects or spanning constructions or low level objects. You will have to pay our reasonable costs for bringing the Vehicle back to the condition at the start of the rental period.  We reserve the right to claim full rental charges applicable to the Vehicle until the repairs have been completed or settlement is received in the event of the Vehicle being beyond economic repair.

(8) You will not drive the Vehicle on unmade roads or other unpaved surfaces, nor use the Vehicle for racing, pace making or any other sort of competition. You will not use the Vehicle for towing, pushing, driving tuition or any other hazardous or unusual use.

(9) For Vehicles provided with tow bars you may only tow with our written permission, however we do not provide insurance cover for trailers or anything towed including any goods or contents towed.  It is the customer’s responsibility to check they meet any requirements for towing.

(10) You will not allow the Vehicle to be operated or used by anyone who has not been authorised by us.

(11) You will not use or drive the Vehicle for any unlawful purpose nor whilst you are intoxicated or under the influence of any substance which impairs driving ability.

(12) You will tell us the whereabouts of the Vehicle if we ask you. You will not take the Vehicle outside the United Kingdom (England, Scotland, Wales and Northern Ireland) without our written permission.

(13) You will not sell, rent or dispose of the Vehicle in any way nor represent that you are the owner of the Vehicle or our agent. You will not remove or change any name or other mark identifying ownership of the Vehicle nor use the Vehicle to carry people or property for hire or reward.

(14) You must not do or allow any work on the Vehicle without our written permission. Authorised repairs must, however, be carried out by a suitably qualified mechanic or body repairer to manufacturer standards.

(15) You will pay directly or reimburse us for any fines or penalties imposed as a result of the use of the Vehicle and we reserve the right to charge for administration costs for responding to police, other authorities or issuing companies. Administration charges will be a minimum of £36.00.

6. YOUR RESPONSIBILITIES FOR RETURNING THE VEHICLE

(1) You must return the Vehicle to the Renting Location by the due Date/Time In, at the Agreed Extended Date/Time In or at once if this Agreement is terminated beforehand. One of our staff must inspect the Vehicle to check its condition. If you do not return the Vehicle we may take it back wherever it may be at your expense.  We reserve the Right to charge full deposit held on this rental agreement plus any extra rental period applicable.

(2) Before you return the Vehicle you must check that you have not left any personal belongings or property in the Vehicle.

(3) If you fail to return the Vehicle to the Renting Location you will pay the cost of collection and full rental charges to the time of return to the Renting Location.

(4) If the Vehicle needs more than our standard cleaning then you will pay the extra cost of cleaning it.

(5) Your responsibility for the Vehicle continues until the keys have been handed to one of our office employees.

(6) If the Vehicle is not returned on time we will report to the police that it is no longer in your possession with our consent nor covered by insurance.

 

7. INSURANCE AND WAIVERS

Renters own insurance

(1) If we agree and you sign the box marked “OWN INSURANCE” on the form you will arrange your own insurance of the Vehicle. This must be with insurers approved by us on a comprehensive basis without excess.

(2) In the event of loss of the Vehicle or damage to it you will allow us to make a claim on the insurance in your name. We shall use the proceeds of the claim to satisfy your obligations.

(3) If the Vehicle is damaged, stolen or lost we reserve the right to claim full rental charges applicable to the Vehicle until the repairs have been completed or settlement is received in the event of the Vehicle being beyond economic repair.

Lessor’s Insurance

(4) By accepting the Lessor’s insurance, your liability and that of any Driver, in respect of any such damage to the vehicle or to any third party vehicle or property, will be limited to the amount shown under Insurance Declaration excluding damage incurred to the roof of the Vehicle or windscreen. This will apply to each and every claim.

(5) Any drivers of the Vehicle must be authorised and accepted by us and confirmed by us in writing.

(6) Please note that Lessor’s insurance will not relieve you of your liability in respect of damage to the Vehicle or to Third Party claims if:

(a) The Vehicle or third party property is damaged by the vehicle or its contents striking an overhead obstruction or low level objects.

(b) You or any authorised driver were driving dangerously or using the Vehicle whilst unfit through drink or drugs or with blood alcohol level in excess of that permitted by law.

(c) The damage arose as a result of your failure to comply with any of your responsibilities under clause 5 of this Agreement.

Your Obligations

(7) In addition to your other obligations you must comply with the provisions of the relevant Insurance Policies or Waivers of your own insurance policy if you arrange your own insurance.

(8) Also you may not use the Vehicle for any purpose or in any circumstances prohibited by this Agreement. If you do, you will not be covered by the relevant Insurance Policy or Waiver.

(9) You must not do anything else or allow anything else to be done which could lead to any relevant Policy being made void.

8. WHAT YOU MUST DO IF VEHICLE IS STOLEN OR INVOLVED IN AN ACCIDENT

If the Vehicle or insured contents are stolen or unlawfully taken or involved in any accident you must:-

(1) Make no admission of liability to anybody;

(2) Obtain names and addresses of all witnesses and provide them to us;

(3) Give full details at once to us and the insurers and then confirm that notification in writing within 24 hours. (If you are injured and prevented from reporting the accident in this way, you must do so within a reasonable time);

(4) Ensure that the Driver completes and delivers to us an accident report form for delivery to insurers within 7 days of the accident;

(5) Inform the Police of any theft or unlawful taking;

(6) Send to us at once any letters received from any third party and any writ, summons or other document relating to court proceedings;

(7) Help us and the insurers in dealing with the court proceedings. This includes allowing legal actions to be taken in your name and defending any proceedings taken against you.

9. PAYMENT

The charges are calculated in accordance with our current rates or as agreed in writing. VAT and Insurance Premium Tax (if you opt for lessor’s insurance) will be charged at rates applicable at the start of the rental period. Rental charges based on mileage will be based on the mileometer fitted to the Vehicle. It will be read and recorded at the beginning and end of the rental period. If we think there has been a malfunction we may make a reasonable estimate of mileage.  A daily mileage allowance will apply which will be indicated either on your agreement or in your terms with us.  Generally Account customers and Company Own Insurance mileage allowances will be 100 miles a day unless otherwise agreed.  Excess mileage charges will be a minimum of 15 pence per mile + VAT.

Payment will be made in advance by credit/debit card only and if you notify us of an extension to your rental period, payment will be taken accordingly.

You will be responsible for paying the following charges:

(1) The rental and any other charges we work out according to this agreement. We may require a deposit before taking the Vehicle and we may use that deposit later to settle any sum due from you.

(2) Any charge for loss or damage resulting from you not adhering to your responsibilities as set out in sections 5 & 6.

(3) A refuelling service charge if you do not return the Vehicle to us with no less fuel than when the rental period began. A charge will be made for the amount required to top-up fuel to the amount when the rental period began plus a re-fuelling service charge. No credit will be given on unused fuel or for fuel in excess of that provided by us at the start of the rental period.

(4) All fines and court costs for parking, traffic or other offences, including any costs which arise if the Vehicle is clamped, seized or towed away and any civil penalty payable for the transport of illegal immigrants under immigration control legislation. You will pay the appropriate authority or issuing company any fines and costs if and when the authority or company demands payment. You will be responsible for paying our reasonable administration charges for dealing with these matters.

(5) The cost of repairing any damage to the Vehicle which was not noted at the start of the Agreement, whether you were at fault or not (depending on section 4). You will also be responsible for paying the reasonable cost of replacing the Vehicle if it is stolen or written off, depending on any insurance you have, if and when we demand this payment.

(6) A loss of income charge, when we demand it, if we cannot rent out the Vehicle because it needs to be repaired, if it is a write-off, or if it has been stolen.  This will be charged as per section 5(1) from date of damage or incident until repairs are completed or until settlement is reached and payment received, if the Vehicle is lost or beyond economic repair.  We will always do everything we can to ensure we repair the vehicle or recover our costs as soon as possible.

(7) Any recovery charges arising from the Vehicle and Operator Services Agency (VOSA), HM Revenue & Customs (HMRC), the police, or any other public organisation who has seized the Vehicle. You will also have to pay us a loss of income charge while we cannot rent out the Vehicle.

(8) Any rate for delivering and collecting the Vehicle, a charge for extra drivers or returning the Vehicle late and charges for accessories such as satellite navigation systems and other similar items.

(9) Uncleared cheque charges made by the Bank and a minimum administration charge of £36.00.

(10) Interest, added every day to any amount you do not pay us on time, at rate of 4% a year above the base lending rate published by Bank of England.

Please note:

(a) You will remain responsible for the sum shown as due on the form until it is paid by any third party who may have agreed to make payment.

(b) If the Renter’s name on the form has been incorrectly given the person signing the form will be treated as the Renter and will be liable as such under this Agreement.

(c) You authorise us to process all amounts due to us under this Agreement on your supplied credit/debit card, details of which the customer has given and has been accepted by us when placing the booking or during the course of the booking (including re-fuelling charges and any other sum which you may be liable to pay to us under this Agreement).

(d) Our Cancellation Policy

Pre-paid bookings where we have taken payment or payment details are non-refundable. We will require a minimum of 48 hours notification of any amendments or cancellation to avoid our administration cost or loss of rental fee. (Generally we do not enforce our cancellation policy as we understand that plans can change at the last minute, especially when moving house).

10. IN THIS AGREEMENT:

(1) “You” are the Renter named on the form. If you and the Driver are not the same person then:-

(a) You remain responsible for any breach of this Agreement by the Driver;

(b) The Driver is also responsible for complying with this Agreement as if he were you;

(2) “Driver” is the person whose name appears on the form as the Driver. Only the Driver may drive the Vehicle unless we allow an Additional Authorised Driver.

(3) “The Traffic Acts” has the same meaning as in the Road Traffic Act 1988;

(4) “The Vehicle” is the Vehicle described on the form. It includes any replacement and all the equipment, accessories, tools and documents and the spare tyre;

(5) “We, Us, Lessor” are the company or person whose name appears in the top left hand box of the form.

(6) References in this Agreement to Statutes (however described) are references to those Statutes as amended and includes reference to those as extended or applied, by or under any other enactments, including any other provision of the Statutes.

11. DATA PROTECTION

Data recorded in relation to this Agreement:

(1) May be used by us to identify other products or services which may be relevant to you and for statistical analysis (including credit scoring);

(2) May be disclosed by us to any debt collection, credit reference, vehicle recording or other relevant body, in the event this Agreement is breached.

(3) Will be used in line with The Data Protection Act 2018 which is the UK’s implementation of the General Data Protection Regulation (GDPR).

(4) May be disclosed by us to the British Vehicle Rental and Leasing Association (“BVRLA”) for use by any of its members for the purposes for which BVRLA is registered under the Data Protection Act 1984.

(5) If the vehicle you are hiring is fitted with a tracker, dual facing dash cam and/ or immobiliser device and the Vehicle is later not returned to the Renting Location, or in cases of suspected fraud or misuse we will use the features and/or data recorded on the devices to recover our Vehicle as well as any losses resulting from fraud, theft or misuse and to provide information where reasonably requested by legal authorities.  Your signature is your consent to the vehicle being tracked and monitored in line with company practice and current Data Protection legislation.

12. RELEVANT LAW

The laws of the country where this Agreement is signed by you apply to this Agreement any court proceedings in relation to it shall be conducted in that country.

 

 

 

 

 

 

Terms and Conditions for Workshop Mechanical/ Body repairs and Vehicle Sales

 

 1. Definitions

"The Company" refers to Berkshire Van Hire Limited T/A S&T Coachworks, the person who is the vendor of the services and or goods to the customer.

2. Enforceability

If any one or more of these terms and conditions are declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

3. Estimate/ Quotation

3.1.         Unless agreed in writing, all work is agreed on an estimate basis.

3.2.         Unless specifically agreed in writing, time for completion of any works is estimated and not guaranteed.

3.3.         Estimates are based on the costs of labour and materials relevant at the time and date of the estimate and the Company reserves the right to alter charges to meet any variations.  Variations could be due to increase in wages, materials, or increased cost from factors outside of our reasonable control.

3.4.         If there are additional works or materials found to be necessary during these repairs or subsequent testing or strip down, it will be necessary to make extra charges. Where any additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted to the Customer for acceptance.

4. Paintwork

The Company as standard will not carry out paintwork on metal that is found to be rusted unless specifically agreed in writing/ by email.  However, if this has been agreed and new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required, every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.

5. Goods Supplied

5.1.         Where the service includes the provision of goods, the Company reserves the right to impose a handling charge on goods returned for credit (where they have been correctly supplied to order).

5.2.         All 'Special Orders' correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice.

5.3.         Returned units  must be in a clean and oil free condition.

5.4.         All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice.

5.5.         In the event of cancellation, for any reason, the customer agrees to return any Goods to the Company's premises.

5.6.         The title in any goods/services shall pass only when payment has been received by the Company in full/ Cleared funds in advance.

6. Variation

Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

7. Delivery/ Collection

7.1.         The Company shall give the estimated time for the repair although the Company accepts no responsibility for delays outside its control.

7.2.         Unless otherwise agreed in writing delivery of the Goods shall take place at the Company’s premises.

8. Payment

Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.

Where payment has been agreed in writing/ by email to be paid on collection, please note that the Company retains the right to withhold the release of the vehicle or goods until payment is made in full.

Where payment is to be made on a credit account, please note that payment must be made in full no later than the 28^th day of the month following the date of invoice.

9. Warranties

9.1.      Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer's warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.

9.2.      The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company's default or negligence and shown to be such to the Company's satisfaction.

9.3.      Subject to clause 11.4 below, the Company assigns to the Customer, the benefits of any applicable manufacturer's warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 6 months or 7500 miles, whichever occurs sooner from the date of completion of the work.

9.4.      The Company's obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:-

9.4.1.   Failure to notify the Company of the defect.

9.4.2.   Failure to afford the Company opportunity to rectify the problem.

9.4.3.   Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.

9.4.4.   Installation of a part into the goods not approved by either the manufacturer or the Company or altering them in a way not approved by either the manufacturer or the Company.

9.4.5.   Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.

10. Liability

Where the Company contracts to carry out a defined repair or diagnostic operation, the Company's liability shall be limited to the performance of such work as may be defined by the standard manufacturer's schedule as coming within the scope of such operation.

11. Use of the customer's vehicle

The Company and its employees and agents are expressly authorized to use the customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.

12. Authority to Contract

Goods supplied by the order of any person in the Customer's employment or by any person reasonably believed by the Company to be the Customer's agent or by any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.

13. Authority to Uplift

Where a person who, so far as the Company is aware, has authority to uplift Goods or Vehicles and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

14. Lien

The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.

15. Risk/ Delay

Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer's risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.

16. Bankruptcy/ Insolvency of a Customer

If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall become immediately payable.

17. Storage Charges

If, following the completion of services the Customer's vehicle(s) is left at the Company's premises or the premises of the Company's agent, then the Company reserves the right to make a reasonable daily charge (minimum £16.50) for the storage of the vehicle or vehicles once a period of 7 days has elapsed.

18. Replacement of Parts

The Company shall obtain the Customer's express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.

19. Regarding Exchnage Units

In the event of a factory reconditioned unit being fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme.  If the unit is accepted for reconditioning, and the manufacture's credit note is received, the surcharge will be cancelled.

20. Diposal of uncollected vehicles/ goods

Any vehicle which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs, any storage charges and any other services provided may be deducted by the Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so to the Customer’s last known address. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs, storage and other service charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer's last known address.

21. Data Protection

21.1.      The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Company, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Dealer Principal at the Company address.

21.2.      All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.

22. Distance Selling

22.1.      Where the Customer acts as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party's respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 7 days from the day on which the Customer first instructs the Company to carry out the service and no service can be performed within this period unless the Customer expressly requests the Company does so.

22.2.      To exercise the right to cancel, the Customer must inform the Company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post or email). 

22.3.      If the Customer requests any service to be provided during the 7 day period then they lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.

22.4.      If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-

22.4.1.   7 days after the date on which the Company receives any Goods back; or

22.4.2.   (if earlier) 7 days after the day the Customer provides evidence that the Customer has returned any Goods; or

22.4.3.   if there were no Goods supplied, 7 days after the day on which the Company are informed about the Customer's decision to cancel this Agreement.

22.5.      The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.

22.6.      The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the Company address, without undue delay and in any event not later than 7 days after the day on which the Customer communicates cancellation of this Agreement to the Company.

22.7.      This deadline is met if the Customer sends back any Goods before the period of 7 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.

23. Return of Parts

23.1.      The Customer must take reasonable care of any Goods whilst they are in the Customer's possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until and when they are returned to the Company.

23.2.      The Customer is liable for any diminished value of any Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of said Goods.

24. Disputes

24.1.      In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:

All formal/written complaints relating to the Company, its staff or services must be brought to the attention of a Director of the Company.

An investigation of the complaint will be carried out by a Director on behalf the Company.

A Director, on behalf of the Company, will provide a written or emailed response to the complainant with his/her findings within 10 working days. Should further time be required for the investigation, the complainant will be contacted before the end of the tenth working day explaining the reasons for the time extension. 

Once the investigation has been completed, a letter/e-mail will be sent to the complainant explaining the Company's position. The letter/e-mail will explain the details of the investigation including factual details of the findings. The letter/email will summarise the Company's position regarding the outcome of the investigation.  Investigations may or may not include a report by an independent engineer (to be instructed by the Company), the cost of which shall be passed the Customer should the independent engineer’s findings uphold the Company’s stance on the dispute.

If the Company has not received feedback from the complainant following the outcome of the letter/email within 7 days, the Company will assume the matter has been fully resolved.

All complaints' records will be stored electronically and/or on hard copy in a secure folder.

24.2.      Where a Customer's complaint cannot be resolved through the Company's internal processes listed above the Customer may refer the dispute to ADR (Alternative Dispute Resolution) at the National Conciliation Service who can be contacted as follows:-,

The National Conciliation Service

2^nd Floor, Chestnut Field House

Chestnut Field

Rugby, Warks

CV21 2PA

  

24.3.      Where any dispute cannot be resolved through ADR, a Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

25. Statutory Rights

Where the Customer acts as a consumer, nothing in this contract is intended to exclude or limit the Customer's statutory rights.