Definitions

"The Dealer", means Sandicliffe Ltd

"The Customer", the person stated on the order form, contracting for goods and services to be supplied by the Dealer.

"Consumer", a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession

"Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.

"Vehicle" includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component thereof.

Whole Contract

These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.

Interpretation

The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

Enforceability

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

Estimate

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

Unless specifically agreed in writing, time for completion of any work is not essential.

Any estimate is based on the costs of labour and materials relevant at the date quoted and the Dealer reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Dealer’s reasonable control.

Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.

Paintwork

Where 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.

Goods Supplied

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

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.

Worn units will only be accepted in a clean and oil free condition.

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

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

The title in any goods/services shall pass when payment has been received by the Dealer (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Dealer shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.

Variation

Any variation agreed between the Dealer 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.

Delivery

The Dealer shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although the Dealer can accept no responsibility for delays outside its control.

Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer's premises.

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.

Warranties

Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Dealer 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 Dealer or not.

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

Subject to clause 11.4 below, the Dealer 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 Dealer warrants its work free of defects in workmanship for a period of 12 months or 15000 miles, whichever occurs sooner from the date of completion of the work.

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

Failure to notify the Dealer of the defect.

Failure to afford the Dealer opportunity to rectify the problem.

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

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

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 Dealer.

Liability

Where the Dealer contracts to carry out a defined repair or diagnostic operation, the Dealer'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.

Use of the Customer's Vehicle

The Dealer 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 Dealer undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.

Authority to Contract

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

Authority to Uplift

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

Lien

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

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 Dealer entirely at the Customer's risk. The Dealer 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 Dealer, its employees or agents.

Bankruptcy / Insolvency of 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 Dealer 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 immediately become payable.

Storage Charges

If, following the completion of services the Customer's vehicle(s) is left at the Dealer's premises or the premises of the Dealer's agent, then the Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

Replacement Parts

The Dealer 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.

Exchange 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

Disposal of Uncollected 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 Dealer and the cost of the repairs and any storage charges may be deducted by Dealer from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Dealer shall first give the Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the Customer last known to the Dealer and shall be deemed to have been received by the Customer on the day following the date of posting, or if that shall be a Sunday or a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Dealer shall after discharging the costs of the sale, the repairs and the storage 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.

Distance Selling Regulations

If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from the Dealer’s business premises and/or without any face to face contact between the Customer and Dealer; or anyone acting on behalf of the Customer or Dealer, the Customer may give notice to cancel this Agreement within 14 days without giving any reason.

This cancellation period will expire 14 days after the day on which the Customer, or a third party on acting on behalf of the Customer, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Customer must inform the Dealer of the decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to the Dealer’s address as set out below.

To meet the cancellation deadline, it is necessary for the Customer to send the communication confirming the cancellation before the cancellation period has expired.

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

14 days after the day on which the Dealer receives the Goods back; or

(if earlier) 14 days after the day the Customer provides evidence that the Goods have been returned; or

if there were no Goods supplied, 14 days after the day on which the Dealer was informed about the Customer’s decision to cancel this Agreement.

The Dealer will make the reimbursement using the same means of payment 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.

The Dealer may withhold reimbursement until we have received the Goods back or the Customer has provided evidence of having sent back the Goods to us, whichever is the earliest. The Customer should send back the Goods or deliver them back to the Dealer at the address shown below, without undue delay and in any event not later than 14 days after the day on which the cancellation of this Agreement has been communicated to the Dealer.

This deadline is met if the Customer sends back the Goods before the period of 14 days has expired. The Dealer requires that The Customer bears the cost of returning the Goods.

The Customer must take reasonable care of the 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 when they are returned to the Dealer.

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

Return of Parts

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 Dealer.

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 the Goods.

Dispute resolution/ Jurisdiction

In the event of a complaint or dispute of any kind the Dealer’s complaints handling procedure can be found on our website at https://www.sandicliffe.co.uk/complaints-policy.

If the Customer is still not satisfied following the conclusion of this procedure, The Motor Ombudsman will offer free impartial advice and, when appropriate, a CTSI certified Alternative Dispute Resolution (ADR) service. For further information visit their website at https://www.themotorombudsman.org or call their Consumer Advice Line: 0345 241 3008

Where the complaint relates to Financial Services, the Customer can contact the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0300 123 9 123 visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

Where any dispute cannot be resolved through ADR, this 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.

Statutory Rights

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