We (hereinafter called ‘Neil Bainbridge’) accept vehicles (as hereinafter defined) for repair, examination with a view to estimating for repairs or restoration, for garaging or pending sale or for any other purpose, only on and subject to, the following terms and conditions (in addition to any conditions stated on the face hereof):-
1. Estimates are effective only for 28 days after despatch. If instructions are not received from a customer (in response to an estimate rendered) within 28 days from despatch of the estimate, Neil Bainbridge may charge its usual storage rates from the date the vehicle was received, until collection. (Note:-Neil Bainbridge does not as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately cared out by Neil Bainbridge and duly paid for.)
2.(i) All estimates by Neil Bainbridge, are based on the current cost to Neil Bainbridge, of labour, material and parts at the date of estimate, and in the event of any variation occurring before or after acceptance, Neil Bainbridge may if it thinks fit, require the Customer to pay on completion of the work any increase due to such variation.
(ii) If no price is stated or if part only of the work covered by the estimate is carried out, Neil Bainbridge shall be entitled to charge a reasonable and proper price for the work completed (including any required dismantling leading to determination as to the practicality or otherwise of any work and reassembly) and for materials and spare parts supplied.
(iii) If, in the opinion of Neil Bainbridge, it is impractical for any reason, to carry out any of the work it has been instructed to carry out, it shall be entitled to refrain from carrying out or completing such work (not withstanding that an estimate may have been given thereof) and to carry out only such work as in the opinion of Neil Bainbridge may be practical.
(iv) In any project undertaken, Neil Bainbridge will only use research and knowledge which it knows to be correct for the work to be undertaken. Any research or knowledge imparted by any prospective customer will be verified and if not correct, Neil Bainbridge reserves the right not to use it, but will impart upon the customer, the reasons why it has chosen this route.
3. Variation of any kind in the estimate, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by Neil Bainbridge in relation to any vehicle shall constitute a ‘deviation from the contract’, nor shall any such act, disentitle Neil Bainbridge to the benefit of any of these Conditions.
4. Every endeavour will be made to carry out the work by any date/time specified, but Neil Bainbridge shall not be liable for any delay howsoever occasioned and this not withstanding that a definite date for completion may be specified.
5. Any work carried out or goods supplied in relation to a vehicle and/or job, by the order of any driver in the Customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom Neil Bainbridge is entitled to make delivery of the vehicle, shall be paid for by the Customer.
6. Payment for all repairs and/or spare parts supplied is due on completion of work and on presentation of an invoice or pro-forma, Neil Bainbridge may request a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions, when notice has been given that the vehicle is ready for collection.
7. Neil Bainbridge shall have a general lien on a vehicle and all its contents for all monies owing to Neil Bainbridge by the Customer on any account whatsoever. Neil Bainbridge shall be entitled to charge garage rent/storage during any period in which the vehicle is retained by virtue of the lien.
8. If the Customer’s indebtedness to Neil Bainbridge is not satisfied within three months from the first account rendered to the Customer, Neil Bainbridge may without notice, sell the vehicle and/or the contents thereof, by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the Customer to Neil Bainbridge, and Neil Bainbridge shall pay any balance to the Customer.
9. Where in any case a driver who, so far as Neil Bainbridge is aware, has the authority to collect the vehicle, collects the same, Neil Bainbridge shall not be responsible to the Customer for any loss or 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 Neil Bainbridge’s account. It shall not be obligatory upon Neil Bainbridge 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.
10. If a vehicle is not collected, and Neil Bainbridge’s charges are not paid within 24 hours after the delivery of the vehicle to Neil Bainbridge, Neil Bainbridge may charge its current rate of storage plus VAT in respect of the vehicle, from the date of completion of the repairs until collection or disposal under Section 8 hereof or as the case may be.
11. In connection with any inspection, repair, or contemplated repair, or other purposes for which a vehicle is accepted by Neil Bainbridge, testing, taking the vehicle to the coachbuilders or other specialists, demonstrations, etc., the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.
12. Except in the case of consumer transactions Neil Bainbridge is not responsible for loss or damage to vehicles or other property whatsoever however, occasioned, except when such loss or damage is caused by the negligence or deliberate act of Neil Bainbridge or its officers. Under no circumstances will Neil Bainbridge accept liability for loss or damage outside its control or for any indirect or consequential loss or damage, except direct physical damage to persons or property.
13 (i) The Customer shall be entitled to the benefit of any warranty to which Neil Bainbridge is entitled against the manufacturer of parts and materials supplied or any sub-contractor. All work carried out by Neil Bainbridge 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.
(ii) Parts and labour for racing and or road use and where the vehicle has been highly modified, carry NO Warranty. Neil Bainbridge is not responsible for any loss or damage that may result from using these parts and or modifications.
14. All parts removed by Neil Bainbridge in the course of the repair shall, if not clamed by the Customer within 14 days after the completion of the repair be deemed to be wholly abandoned to Neil Bainbridge and they shall become Neil Bainbridge’s absolute property accordingly.
15. Any notice to the Customer posted to his or her last known address shall be good notice.
16. 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 otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.
17. No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of Neil Bainbridge by a Director or a duly authorised officer of Neil Bainbridge. 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 Neil Bainbridge otherwise than on such conditions.
18. Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.
19. All vehicle wheel nuts should be checked and re-torqued after 30 Miles.
Notice
Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on Neil Bainbridge’s premises since Neil Bainbridge cannot accept liability for loss or damage to the same, except in consumer transactions when this is shown to have been caused by a lack of reasonable care on the part of Neil Bainbridge.