JSC AUTOMOTIVE LTD (t/a Rally Prep) – TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms which apply between:
1. JSC AUTOMOTIVE Limited, a Company registered in England and Wales under number 12294861 whose registered office is at: Unit 1c St. Columb Industrial Estate, St. Columb Major, Cornwall, TR9 6SF. (“JSC”); and
2. the Customer as detailed (You)
1 Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” - means any business, trade, craft, profession or any other person/organisation;
“Consumer” - means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who receives any of the Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business
“JSC/Us/We/Our” - means JSC AUTOMOTIVE Ltd and reference to us shall include reference to any and all of our staff including mechanics
“Invoice” - means an invoice detailing the Price of the Work to the date of that invoice;
“Price” - means the fee payable for the Work including parts, labour, VAT and any additional charge
“Estimate” - means initial estimated guide price and initial expected Works to be carried out to a Vehicle
“Regulations” - means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
“Services” - means any type of servicing, modification, motorsport preparation, rebuild, repair or restoration including supply of parts;
“Vehicle” - means a car, lorry, van, trailer, caravan, motor cycle, details of which are set out in the Estimate;
“Work” - means the particular Services that we provide to you under these Terms and Conditions;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;
2. Work
2.1 Due to the nature of our Services it is difficult to determine an exact estimation as often there can be unforeseen works found that we cannot initially account for. Any estimate given is for guidance based upon our experience and should not be used as a definitive budget. Providing our Services is a complex operation where the condition of the base vehicle can only be assessed when completely stripped. Many components that may have appeared to be serviceable may need replacing along the course of the restoration thus rendering any estimate null and void.
2.2 Any additional Work requested by the customer during or on completion of the restoration that is not included in the original estimate will be subject to charge.
2.3 Any deposit required as part of a payment schedule must be paid prior to work being undertaken on any vehicle.
2.4 During the lifetime of the project, staged payments may be requested. Failure to meet these payments may result in the project being halted.
2.5 We will review our rates annually. If our hourly rates change, we will notify you in writing of the new rates and from what date the new rates will apply.
2.6 Our Services are often a timely process and JSC AUTOMOTIVE Ltd will not compromise timescales whereby the quality or standard of work are affected.
2.7 It is strict company policy that once all works have been completed and before the vehicle leaves the premises, any amounts outstanding are to be settled in full.
3. Payment and Invoices
3.1 If we require a deposit or similar prepayment, we shall state it clearly in the Estimate and you must pay this within 7 days, or to the agreed schedule;
3.2 From the point at which Work on the Vehicle commences up until the point at which you have paid in full all sums due, we shall have a general lien on your Vehicle (i.e. a right to possession of property until payment is made for work done to that property) for all sums due;
3.3 Following our completion of the Work, we shall issue an invoice to you or we may issue interim invoices for extensive Work. This will be made clear in our Estimate;
3.4 The invoice(s) will provide a summary of all Work done and will provide details of all parts and labour including the Price payable for it with the VAT element payable on it shown separately;
3.5 All sums due will be payable within 7 days of the invoice date or, by cleared funds, prior to the release of the vehicle or goods which ever falls first;
3.6 In addition to our rights under sub-Clause 3.2, JSC AUTOMOTIVE Ltd will charge a monthly storage charge for any vehicle or parts thereof belonging to a customer with invoices pertaining to that vehicle or parts thereof that are outstanding over 30 days. If invoices have not been settled within 6 months and no attempt has been made to settle the account then JSC AUTOMOTIVE Ltd reserve the right to sell your vehicle or any items similar in value at your expense to the outstanding invoice and/or the storage charge.
If, after a six month period of time has elapsed without the owner making contact JSC AUTOMOTIVE Ltd and reasonable attempts made to contact the owner, then JSC AUTOMOTIVE Ltd shall take steps to remove the vehicle and recover losses without further reference.
3.7 From the due date of payment until we take the action set out in sub-Clause 3.6, any outstanding sum will incur interest on a daily basis at 4% above the base rate of the Bank of England until you make payment in full.
3.8 Where you are a Company, should you fail to make payment to us of any amount due, we reserve the right to charge you interest and administration costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
4. Sub-Contracting
4.1 We may sub-contract any of our obligations under these Terms and Conditions provided that any sub-contractor we use is reasonably skilled in the relevant practices and provided that we do not pass on to you any additional charges without your prior consent.
5. Insurance, Damage and Liability
5.1 We shall at all times have in place suitable and valid insurance, including public liability insurance;
5.2 We shall not be liable to you for any loss or damage you suffer due to your failure to follow our or the Manufacturer’s instructions;
5.3 We will not be liable to you for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control;
5.4 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions. Loss or damage is foreseeable if it is an obvious consequence of our breach. We will not be responsible for any loss or damage that is not foreseeable;
5.5 We provide Services to you only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
5.6 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and
5.7 Where you are a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
5.7.1 the Consumer Rights Act 2015;
5.7.2 the Regulations;
5.7.3 the Consumer Protection Act 1987; or
5.7.4 any other consumer protection legislation; as that legislation is amended from time to time.
For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standard Office.
6. How We Use Your Personal Information (Data Protection)
6.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
6.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice available upon request.
7. Regulations
Where you are a Consumer, we are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we confirm the booking for any Work) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for you to see, or we will make it available to you before we confirm the booking. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.
8. Information
As required by the Regulations:
8.1 all of the information described in Clause 7; and
8.2 any other information which we give to you about any services or us which you take into account when deciding to make a booking or when making any other decision about the services; will be part of the terms of our contract with you as a Consumer.
9. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving you notice, but we will inform you as soon as is reasonably possible of any such change.
9.1 We now only publish these Terms and Conditions on this website to ensure they are kept up to date and relevant, a link to this website will be found on all written and email correspondence. It is expected that customers will refer to the JSC AUTOMOTIVE Ltd (Rally Prep) website to view these terms.
10. No Waiver
10.1 No failure or delay by us or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.
11. Severance
11.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
12. Law and Jurisdiction
12.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
12.2 Where you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 12.1 above takes away or reduces your rights as a consumer to rely on those provisions.
12.3 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.