1. Introduction
Knowsley Metropolitan Borough Council’s Fleet Commercial Services known as Knowsley vehicle and Plant repair services ("the Council" "us" “our” or “we”) accepts vehicles from customers (“the Customer” “you” or “your”) for MOT repair, servicing and for examination with a view to estimating or quoting for repairs or for any other purposes ("Repair and Servicing Work") only on and subject to the following terms and conditions.
The Council has the right, at any time, to refuse to provide or arrange service of whatever nature where it reasonably considers that:
a) You or anyone accompanying you is behaving or has behaved in a threatening or abusive manner to its employees or agents or to any third party contractor;
b) You have falsely represented that you are entitled to services that you are not entitled to;
c) You have assisted another person in accessing services to which they are not entitled;
d) the circumstances surrounding the Vehicle, for example its location, are such that provision of Repair and Servicing Work would, in our reasonable opinion, involve any breach of the law or of the rights of any third party, or there is a reasonably foreseeable health and safety risk to a third party or to any employee, agent or sub- contractor or the vehicle is in a dangerous, over-laden or un-roadworthy condition.
Prior to the customer leaving the vehicle with us an employee will inspect the vehicle (with the Customer if requested) and record any damage to the vehicle in the interests of both parties which may include taking photographs of the vehicle.
2. Price
In respect of the Repair and Servicing Work all estimates and quotations made by us are based on the cost to us of labour, materials and parts current at the date of the estimate or quotation. If there is an increase in the cost to us of labour, materials or parts which occurs before or after our acceptance of your order or before or after you accept our quotation we shall immediately inform you of such increase and you shall have the right to cancel the contract. If you accept such increase we shall be entitled to charge you accordingly. Estimates and quotations in respect of Repair and Servicing Work are effective only for 14 days.
Vehicle Repair and Servicing Work
What is included: The parts and labour required to carry out the repair or maintenance of the vehicle
What is not included: Additional parts and/or labour not detailed in the relevant estimate or quotation but which may be required to repair or maintain the Vehicle.
Vehicle servicing
What is included: The parts and labour required to service the vehicle for the level of service requested and referred to in your quote or estimate. What is not included:
- The cost of any additional parts and labour required to repair any faults or additional work identified during the service.
- If special or synthetic oil, platinum or multi electrode spark plugs are required and have not been expressly identified in the quote or estimate an additional charge will be made. You will be notified of this charge before the relevant work is carried out.
MOT
What is included: The cost of conducting an MOT test. What is not included: Any rectification work required in order to bring a Vehicle up to the standards required to pass an MOT or any work required following an MOT failure.
3. Interruptions
If our performance of the Repair and Servicing Work is affected by an event circumstance or cause outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Repair and Servicing Work or Parts you have paid for but not received. The parts which may be required to complete the Repair and Servicing Work are subject to availability and we will inform you as soon as reasonably possible if they are not available. In such circumstances we will be entitled to re-arrange the time and date of your appointment.
4. Variations
If you wish to make a change to the Repair and Servicing Work please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Repair and Servicing Work, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
We may change the services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a safety threat. These changes will not affect your use of the services. In addition we may make other changes to the Repair and Servicing Work, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund for any Repair and Servicing Work or parts you have paid for but not received before the changes take effect.
5. Customer's agents
Where you are not the owner of the Vehicle by instructing us to carry out the Repair and Servicing Work in relation to the vehicle you warrant to us that you are authorised by the owner and registered keeper of the Vehicle to do so and you agree to hold us harmless and make good any losses, costs or damages which we incur as a result of any claims against us by the owner or registered keeper of the Vehicle alleging that, or resulting from the fact that, you were not authorised to so instruct us.
6. Payment
Payment for all elements of the contract including parts shall be due upon completion of the Repair and Servicing Work (unless an account has been agreed and is in place). We shall be entitled to retain possession of the vehicle until payment is made in full. If you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due we shall be entitled to end the contract. If payment is not made when due then interest will accrue on our charges from the day after the due date until payment in full is made at a rate of 3% above the Base Rate of HSBC Bank Plc from time to time. Any reference to our charges shall include such interest.
7. Garaging charges
If a vehicle is not collected within 48 hours after the time indicated or agreed for delivery of the vehicle we shall be entitled to charge you for garaging the vehicle at our usual rates of £15 per day until collection. If no such time for delivery of the vehicle has been indicated or agreed if the vehicle is not collected within 7 days from the time we notify you that the vehicle is ready for collection, we shall be entitled to charge you for garaging the vehicle at our usual rates of £15 per day until collection.
8. Lien
We shall have a general lien on any vehicle on which we have carried out Repair and Servicing Work and on any other property in our possession belonging to you for all monies due and owing to us by you on any account or invoice whatsoever. We shall be entitled to charge for garaging the vehicle at our usual rates of £15 per day during any period in which the vehicle is retained by us in exercise of any lien.
9. Sale of goods
If your indebtedness to us is not satisfied within three months of the date of the first account or invoice rendered to you in respect of all or part of that indebtedness, we shall, without notice be entitled to sell any of your property upon which we have exercised our lien by public auction or private treaty (at our unfettered option). The net proceeds of sale shall first be applied to satisfying your indebtedness to us and any balance shall be paid by us to you on demand.
10. Delivery
We will supply the Repair and Servicing Work to you from the date we accept your order or you accept our quotation until we have completed the Repair and Servicing Work or the Contract otherwise comes to an end. The estimated completion date for the services is as told to you during the order process. Repair and Servicing Work is completed for the purposes of these conditions when written or verbal notice has been given that the vehicle is ready for collection.
You have legal rights if we deliver any goods or services late and in certain circumstances if we miss the delivery deadline for any goods or services then you may treat the contract as at an end straight away.
11. Sub-contractors
We shall be entitled at our sole discretion to employ or make use of sub-contractors including but not limited to radiator specialists, electrical specialists, coach builders and testers for all or part any part of the Repair and Servicing Work on a vehicle. We will exercise reasonable skill and care in the selection of sub-contractors and we will accept liability for the Repair and Servicing Work carried out by, and any materials or parts supplied.
12. Driving of vehicles
For the purpose of any inspection, repair or contemplated repair, testing of the vehicle, taking the vehicle to sub-contractors, demonstrations, or other purposes for which the vehicle is accepted by us, and you hereby authorise the driving of the vehicle by us, our employees, agents and sub-contractors on the public highway and elsewhere.
13. Warranties
13.1 You shall be entitled (as far as the Council can secure) to the benefit of any warranty to which we are entitled as against the manufacturer of Parts supplied or as against any sub-contractor engaged by us.
13.2
Subject to clauses 13.3 below and in addition to your statutory rights as a consumer in relation to any failure on our part to carry out our obligations to you (for example to provide services with reasonable care and skill), we agree to correct, free of charge, any defect in the vehicle which is caused by our faulty workmanship or by any defects in the parts supplied by us provided that:
(i) the defect arises and is reported to us within 12 months of the completion of the relevant Repair and Servicing Work or within 12,000 miles of completion of such work, whichever period is the shorter,; and
(ii) You take all reasonable steps to minimise any damage which the faulty workmanship or defect may cause, and
(iii) You arrange for the vehicle to be inspected by us as soon as reasonably practicable after discovering the defect; and
(iv) You give us all reasonably necessary access to the Vehicle and co-operation so as to enable us to correct the relevant defect.
(v) After initial inspection by ourselves it is accepted that the item has not failed due to general wear and tear or as a result of vehicle misuse
Please note that under this warranty we will not arrange or pay for an alternative vehicle for your use whilst defects are being corrected by us.
13.3 This warranty will not cover defects or damage arising from (a) normal wear and tear, (b) wilful damage or negligence by you, or any third party, (c) use otherwise than as reasonably recommended by us or the vehicle’s manufacturer, (d) failure to follow our or the vehicle’s manufacturer’s reasonable instructions (e) your continuing to use the vehicle after discovery of the defect covered by the warranty or (e) any relevant alteration carried out without our approval. If we recommend work which you do not authorise us to do then our warranty will not cover any defect or damage arising as a result of that work not being done. Our warranty is strictly limited to those works we carry out on your behalf and we will not, under this warranty, accept charges for any repairs you have had undertaken by other garages/repairers.
13.4 We are under a legal duty to provide goods and services that are in conformity with this contract. Nothing in these terms will affect your legal rights. If you have the benefit of a warranty in respect of the vehicle from another company (e.g. a manufacturer’s warranty or another repairer’s warranty) the carrying out of the Repair and Servicing Work may affect your rights under that other warranty. We and our agents or sub-contractors will not be responsible for the effect of the work on any other warranty you may have.
14. Security
We will exercise reasonable care in respect of the safety and security of your vehicles and other property.
15. Removed parts
All parts removed by us from a vehicle in the course of Repair and Servicing Work shall, unless prior written notice to the contrary has been given by you, be deemed to be wholly abandoned to us with immediate effect and become our absolute property.
16. Risk and retention of title
Although all parts and materials supplied in the course of Repair and Servicing Work by us ("the Goods") remain the Company's property until payment is received in full, risk in them shall pass to you from the time of delivery to you or your agent and you shall keep them properly insured against loss or damage and in the event of such loss or damage occurring shall hold the insurance proceeds on our behalf as trustee for us and keep such insurance proceeds separate from any monies or property belonging to you or third parties. Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain our property until you have paid the full price for the Goods and all other sums you owe us under any contract or on any account together with any interest payable under the relevant contract in respect of the Goods or Repair and Servicing Work and any other contract or arrangement or account.
17. Exclusion of liability for loss of profic etc
We, and our agents or sub-contractors, shall not be liable to you for any loss or damage caused by us, our employees, agents or sub-contractors where a) there is no breach of a legal duty owed to you by the Council or its employees, agents or sub-contractors; or b) such loss or damage is not a reasonably foreseeable result of such a breach; or c) any loss or damage, or any increase in the same, results from any breach or omission by you (including, but not in any way limited to, any failure on your part to take all reasonable steps to minimise any such loss or damage). The Council, its employees, agents or sub-contractors shall not, in any event, be liable for any loss you may have a) relating to any business interest(s) you may have including, without limitation, loss of profits, loss of opportunity or of business or losses relating to business interruption or b) of earnings.
18. General
Any notice or other communication given or made under or in connection with these conditions shall be in writing and shall be given or made to the Customer or the Company, as the case may be, at its last known address.
We may at any time, without limiting any other rights and remedies we may have, set off any amount you owe to us against any amount payable by us to you.
The expression, "vehicle" used in these terms includes any car, lorry, van, trailer, caravan, invalid carriage or cycle, and as a separate unit or otherwise, any engine, axle, gear box, clutch, generator, starter, battery and each and every component on a vehicle.
No alterations or qualification of these printed conditions shall be effective unless made in writing and signed by each party or a duly authorised representative of each party.
These terms shall be governed by the laws of England the parties submit to the exclusive jurisdiction of the English courts.
19. VAT
Value added tax will be applied to all charges and will be applied at the current rate in force at the time of invoicing.
20. Payment
Payment by cash, debit/credit cards will be accepted.
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