Vehicle Heroes Ltd Trading Terms & Conditions

Published on 1st July 2019

DEFINITIONS AND INTERPRETATION
1. In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
  “We/Us/Our/Vehicle Heroes” means Vehicle Heroes Ltd whose company number is 12022520 and registered office address is 82 Tanners Drive, Blakelands Industrial Park, Milton Keynes MK14 5BP.
  “You/Your/Customer” means a person who places an Order that is accepted by Us.
  “Work” means the repair/maintenance of vehicles (including labour and parts) specified in the Order in accordance with these Terms.
  “Used Vehicle” means a used vehicle (and ancillary services) specified in the Order to be sold to the Customer by Us in accordance with these Terms.
  “Goods” means other goods by themselves specified in the Order to be sold to the Customer by Us in accordance with these Terms.
  “Quotation” means a quote (whether presented verbally or in hard copy or electronic format) for the Work, a Used Vehicle or Goods to be supplied by Us to the Customer.
  “Your Vehicle” means the work brought by you to have Work done on it.
  “Order” means the order (whether presented verbally or in hard copy or electronic format) by which the Customer orders Work, a Used Vehicle or Goods from Us.
  “Contract” means the contract for the purchase and supply of Work, Used Vehicle or Goods formed by Our acceptance of the Order.
  “Price” means the total amount payable for Work, Used Vehicle or Goods including VAT and any additional charges.
  “Terms” means the standard terms and conditions set out in this document.
2. Unless the context otherwise requires, each reference in these Terms to “writing” includes a reference to any communication effected by electronic or similar means.
3. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
4. Words signifying the singular shall include the plural and vice versa.
CONTRACT AND ORDER
1. No Quotation by Us shall constitute an offer by Us and all Quotations are subject to alteration by us without notice.
2. No Contract shall be formed until an Order is accepted by Us.
3. You are responsible for the accuracy of any Order You submit and for giving Us any relevant information.
4. We shall supply and You shall purchase the Work, Used Vehicle or Goods in accordance with any Order by You which is accepted by Us, subject to these Terms which shall cover the Contract.
PRICE AND PAYMENT
1. The Price shall be as per our Quotation at the date of acceptance of the order or if no Quotation is given, it will be a reasonable sum.
2. An invoice will be issued to You on completion of Work or sale of a Used Vehicle. Unless credit terms have been agreed in writing, all sums due will be payable on presentation of the invoice and before any Used Vehicle or Your vehicle is taken away.
3. You may make payment by cash (up to £1,000), bank transfer, debit or credit card. For Used Vehicle deposit purposes, “Card Holder Not Present” transactions can only be accepted up to a limit of £500 only. All payments above £500 against a Used Vehicle must be made by bank transfer if not financing the purchase of the Used Vehicle through us.
4. The sum payable by You in respect of VAT shall be calculated at the rate applicable at the date on which the taxable supply is made even if a different amount is specified in the Quotation.
5. We reserve the right to charge interest on payments overdue on a daily basis at 4% above the base rate of The Bank of England and if We have to take legal action for recovery of any debt, such recovery costs shall be passed onto You.
6. Our “Best Price Promise” is against a substantiated competitor comparison of Work that must be to the identical specification and quality provided by Us and proof may be requested by Us. When your claim has been verified, We will do our best to provide a lower price but are not under any obligation to do so if We feel the Price is unreasonable. This promise does not apply to quotes from garages which are not VAT registered or to discounts not available to the general public.
LIEN ON VEHICLES
1. From when Work on your vehicle commences until the point at which You have paid all sums due in full, We shall have a general lien on Your Vehicle for all sums due. i.e. a right to possession of Your Vehicle until payment is made.
2. Once You have paid Us all that You owe Us for the Work on Your Vehicle, You shall collect (or arrange for the collection of Your Vehicle within 2 days. If the Vehicle remains on Our premises beyond that period. You shall pay Us for storage at the rate of £20 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge).
3. If You fail to collect Your Vehicle after bringing it to Us or fail to pay the Price for the Work within 14 days of notification, We shall be entitled to dispose of the vehicle in the open market including at public auction to recover Our Price and costs, and pay the balance (if any) to You. If a shortfall You will remain liable for the balance.
RISK, OWNERSHIP AND RETENTION OF TITLE
1. Risk of damage to or loss of the Used Vehicle, Goods or Your Vehicle shall pass to You on possession.
2. Notwithstanding delivery and passing of risk You, the property in any Used Vehicle or Goods shall not pass to You until We have received payment in full.
3. Until such time We may require You to deliver up the Used Vehicle or Goods to Us, and may enter any property of Yours or of a third party where the Used Vehicle or Goods are located to repossess them.
SERVICING AND REPAIRS
1. When You request a booking for Work to Your Vehicle, We shall use reasonable endeavours to ensure that the date We agree for Work is as close as possible to that which You requested. Only when We agree a date with You will there be binding contract between You and Us.
2. Work shall be carried out at Our Premises unless otherwise agreed.
3. If in Our opinion it is not reasonably practical to carry out the Work We have been instructed to do, We may decline to carry out such Work.
4. We shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock to enable Us to carry out the Work when it is booked to be carried out. We will tell You if, due to non-availability of parts or a delay in their delivery, We are unable to begin the Work on the date We have arranged with You and to complete it within the time We estimated. You may either make arrangements with Us for a re-booking or You may cancel the Order.
5. We will tell You before We begin the Work the amount of time We initially estimate that We will need to carry out the Work and We shall agree a Price with You for the Work before We begin. We will use reasonable endeavours to complete Work within the time estimated, but if We find during the course of the Work that We need to use additional parts and/or labour, We will only order additional parts or carry out additional Work if You first explicitly consent. For that purpose, We will tell You immediately the reasons and give You a revised time estimate and Quotation for the additional Price.
6. If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the garage if You will dispose of them in an environmentally responsible manner. If You do not wish to inspect and/or remove the parts, We shall dispose of them after You collect Your Vehicle.
7. We shall only use parts for the Work that are new and either manufacturer’s original parts or those produced by a third party and authorised by the manufacturer. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first consent.
8. You must inform Us if Your Vehicle is under any warranty that needs to be protected if you wish us to carry out the appropriate Work in accordance with the warranty requirements.
9. If Our compliance with a manufacturer’s warranty causes Us additional cost, We will tell You of alternatives and will explain to You in full the consequences of those alternatives (including, but not limited to, the voiding of the manufacturer’s warranties). The decision as to whether or not We will follow any such alternative shall be Your decision alone.
10. We may sub-contract Work 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.
11. We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it but We nevertheless advise You to remove all possessions from the vehicle before We begin Work.
INSURANCE CLAIMS AND ACCIDENT DAMAGE
1. We may do Work where You anticipate that any sums due to Us will be paid by an insurance company. In such circumstances we may assist You in getting payment from the insurance company, but You shall remain liable for amounts due to Us, with immediate payment due on request.
2. If the Work to be carried out on Your Vehicle is the subject of an insurance claim, You (or the policyholder if they are not the same person) must sign any documents required by the insurer to be signed to authorise payment to Us for the Work.
3. We shall not be responsible for any delay in completing the Work and/or returning Your Vehicle where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.
COURTESY CAR
1. We may at our discretion loan You a courtesy car but We will not be bound to do so and may decline to do so due to non-availability of a car or any other reason, and We will not in any case loan You a courtesy car if You are not eligible to be given one as per the terms of our Courtesy Car Agreement. If You request a courtesy car and We agree to provide one it will be on condition that You first complete and accept the Terms of Our Courtesy Car Agreement.
WARRANTIES
1. Unless We tell you otherwise or is specified for a particular type of Work on our website, We shall warrant all Work from the date of invoice for a Warranty Period of 12 months or a distance of 12,000 miles, whichever occurs first.
2. Any warranty that We give You applies to Your Vehicle. If You sell or otherwise transfer ownership of Your Vehicle to another person, they will be entitled to the benefit of the warranty for the rest of the Warranty Period.
3. We will be entitled to void any warranty that We give You if Your Vehicle is used for anything other than normal purposes (unless We explicitly tell you otherwise). This includes:
  1. participating in racing or other competitions of any kind;
  2. participating in speed testing or time trials;
  3. use of the vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);
  4. the vehicle has been used as a taxi;
  5. use of the vehicle in a way which does not conform with manufacturer’s recommendations; or
  6. failure to service or otherwise maintain the vehicle in accordance with the manufacturer’s recommendations;
  7. parts have become defective as a result of the vehicle being repaired or tampered with by another garage or individual other than Us;
  8. the vehicle is subject to criminal or malicious damage, fire or theft;
  9. the vehicle is not returned to Our premises at Your cost;
  10. You have not provided documentary evidence of purchase.
4. If You supply any parts or specify any third-party manufacturer parts to be used in connection with our Work, We do not give any warranty as to their quality or fitness for purpose but where possible will assign the benefit of any manufacturer’s warranty to You.
5. These Warranties are subject to any Terms imposed by the manufacturer of any parts supplied and We shall not be liable to any losses arising as result of Our compliance with such terms. A copy of these terms can be supplied on request to Us.
6. For the avoidance of doubt, these warranties in these Terms do not apply to the sale of a Used Vehicle. Where We supply a warranty with the sale of a Used Vehicle, a separate document with the Used Vehicle warranty terms will be provided.
7. Where we supply Goods, You will only be entitled to the benefit of any guarantee or warranty given by the manufacturer of the Goods to Us in relation to the Goods.
USED VEHICLE SALES
1. You acknowledge that where a Used Vehicle is supplied, it is sold by Us subject to reasonable wear and tear for its age, usage, mileage and type and is subject to paintwork and/or bodywork repairs that may have been carried out.
2. In inspecting the Used Vehicle (if available for inspection) prior to signing the order form, You are reminded that the condition of satisfactory quality implied by legislation does not apply to defects that such an inspection ought to reveal. If the Used Vehicle is sold subject to defects that have been notified to You by Us before signing the Order, the condition of satisfactory quality referred to does not apply to such defects.
3. The Used Vehicle may previously have been used as a lease or rental vehicle, had multiple users or been imported from another country. We will provide You with any such information about the vehicle upon request, so You should discuss any such questions with Us prior to placing Your Order.
4. Fuel consumption and emission figures provided by Us are taken directly from manufacturer tests and are for comparative purposes only and may differ from actual results.
PART EXCHANGE
If we accept a used motor vehicle from You as part payment of the Price, such agreement will be subject to any declarations made on the face of the invoice and the following conditions:
1. Unless agreed otherwise, the part exchange value given shall be binding on Us for a period of 28 days from the date when the Order is placed. If 28 days have elapsed, We will provide a revised part-exchange value which You can choose to accept or not to part exchange the vehicle. You will still be obliged to purchase the Used Vehicle.
2. You warrant that:
  1. You have good title to the part exchange vehicle;
  2. the part exchange vehicle is unencumbered by any third-party interest of any kind;
  3. the part exchange vehicle was first supplied by the manufacturer’s official distributor for the UK;
  4. The part exchange vehicle has not had any performance upgrades or non-manufacturer approved accessories or alterations.
3. If any such warranties are untrue You will be liable to Us for any reduction in value to Us as a result of the breach.
4. If any encumbrances or interests are capable of cash settlement, We may decide to settle such interests and deduct the cost from the exchange value.
5. The part exchange vehicle will be delivered to Us in the same condition as when inspected by Us, subject to fair wear and tear and have done no more than an additional 500 miles.
6. The Used Vehicle cannot be collected from Us until the part exchange vehicle is delivered to Us.
7. The part exchange vehicle will be delivered to Us with all keys, spare alarm remotes, registration documents, service documentation and invoices, MOT certificate, warranty documentation and with the registration book completed.
8. On delivery, title to the part exchange vehicle shall pass absolutely to Us.
DELIVERY AND SUPPLY OF USED VEHICLES AND GOODS
1. Delivery shall be deemed to have been made on the date We notify you the Used Vehicle or Goods are made available for collection by You.
2. Unless otherwise agreed, any Used Vehicle or Goods should be collected from Us.
3. If You fail to collect and/or pay for the Used Vehicle or Goods within 7 days of being notified they are available for collection or within 7 days hours of the agreed time (whichever is the later) then We may without any further liability to You:
  1. store the Used Vehicle or Goods at Your cost or on giving You 7 days’ notice, cancel the contract and return any payments made to You less storage costs, a reasonable administration fee, or any loss or expenses We have suffered including the sale of the Used Vehicle or Goods at a lower price;
  2. sell the Used Vehicle or Goods at the best price readily obtainable and account to You for the excess over the amount received (after deducting the above costs) or charge You for any shortfall;
  3. also choose to return any part-exchange vehicle or retain it at the agreed trade-in price in which case the trade-in price shall be paid to You.
4. We will use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to You.
5. Any terms stipulated by the supplier or manufacturer of Goods shall be incorporated into these Terms and We shall inform You accordingly of such terms which will be available upon Your request.
6. You confirm you have not relied on us as to the suitability of the Used Vehicle or Goods for your particular purpose and that you have satisfied yourself as to their suitability.
INSURANCE AND LIABILITY
1. We shall always have in place suitable and valid insurance, including public liability insurance.
2. Nothing in these terms shall operate to restrict or exclude Our liability or limit Your rights in any way that cannot be restricted or excluded or limited by law.
3. 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.
4. We shall not be liable for any damage to your vehicle caused by anything beyond our reasonable control that occurs during an MOT inspection.
5. Any timescale and dates given for delivery of a Used Vehicle or Goods or performance of the Work are only approximate and time shall not be of the essence unless previously agreed in writing.
6. 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 including, but not limited to: power failure; internet service provider failure; strikes, lock-outs or other industrial action suffered by Us or Our suppliers or contractors; civil unrest; fire; explosion; flood; storms; earthquakes; subsidence; acts of terrorism (threatened or actual); acts of war; governmental action; epidemic or other natural disaster.
7. Other than in respect of death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation, We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty or other term or condition or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (including loss of profit), expenses, costs, or any other compensation whatsoever which arise from or in connection with Our supply of Work, Used Vehicle or Goods, or their use for resale by You.
8. Our total liability under or in connection with this Contract shall never exceed the Price of the Work, Used Vehicle or Goods except as expressly provided for in these Terms.
9. The Contract is between You and Us. You agree Our employees and agents shall have no liability to You in connection with the Contract.
CANCELLATION
1. Other than as expressly provided for in these Terms, No Order accepted by Us can be cancelled by You without Our written agreement and You will be required to indemnify Us against any losses (including loss of profit), costs or damages incurred by Us as a result of any such cancellation.
2. We reserve the right to cancel any Order if the Used Vehicle, Goods or parts required are no longer available for purchase by Us.
3. If the Used Vehicle or Goods are not delivered within 4 weeks of the estimated delivery date, You or Us may cancel the contract by notice in writing, any deposit returned and no further liability for You or Us.
4. If, on or after You have brought Your Vehicle to Our premises for Work to be carried out, You cancel the Work but We have by that time begun the Work, You must pay Us a reasonable amount We calculate for all labour and parts We have used and, if We so decide, for all parts We have ordered but not yet used if in Our reasonable judgement We are unlikely to use or sell those ordered parts within a 4 weeks. We shall invoice You for that labour and those parts.
5. If You cancel any booked Work and You have a courtesy car from Us, You must return it to Us immediately.
6. If you wish to return a non-faulty Used Vehicle or Goods, We may choose not to accept the return.
7. If We have reasonable cause to believe You will be unable to meet your financial obligations under this agreement, we may cancel the Contract or suspend delivery, and any deposit paid by You will be forfeited without any liability to you. Examples of where this applies are where you as an individual enter into an arrangement with your creditors or bankruptcy or as a company enter into a voluntary arrangement with Your creditors or become subject to an administration order or have an administrative receiver appointed or go into insolvent liquidation or an encumbrancer takes possession of any Your assets.
DISTANCE SELLING
1. In accordance with the Consumer Contracts Regulations 2013, if You as a private consumer enter into a Contract with Us prior to a face-to-face meeting with Us at our premises, You may cancel the Contract within 14 days of collection of a Used Vehicle or Goods, or within 14 days from when we confirm a booking for Work.
2. On cancellation:
  1. the Used Vehicle or Goods shall be returned without undue delay to us at Your cost;
  2. We will return any part exchange vehicle to You or pay the agreed part exchange value to You at Our discretion;
  3. You will indemnify us against any loss for any damage or modification to the Used Vehicle or Goods whilst in your possession;
  4. any related credit agreement for a Used Vehicle will be cancelled.
3. If the booking for Work is for a date before the end of the 14-day period from when You make the booking and if You have expressly requested Us to do any of the Work and We do so, You acknowledge that You may not cancel the Work.
4. You may cancel using our cancellation form or by letter, telephone call, email or returning the goods with a clear statement of cancellation.
DATA PROTECTION
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.
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.
GENERAL
1. Authority. If You hold Yourself out as agent for a principal, despite placing an Order in Your representative capacity, Your liability for this Contract shall be joint and several. You warrant that You have authority to bind the principal to the Contract as agent on its behalf.
2. Changes to Terms. We may from time to time change these Terms without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
3. Complaints. We always welcome feedback from Our Customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a Customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint of any kind, please raise the matter with Jason Ayris who can be contacted at the garage or email email@email.com
4. No Waiver. No failure or delay by Us or You in exercising any rights under these Terms 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 means that We or You will waive any subsequent breach of the same or any other provision.
5. Severance. If any provision of these Terms 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 the remainder of the provision in question shall not be affected.
6. Third Party Rights. Where you are a business, no part of the contract between You and Us is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the contract.
7. Entire Agreement. These Terms contain the entire agreement between You and Us with respect to its subject matter and may not be modified except in writing by Us. Our employees or agents are not permitted to make any changes to these Terms unless confirmed by a director in writing and You agree You have not relied on any such representations not so confirmed.
8. Notices. Any notice to be sent to the other party under these Terms shall be in writing by post to the other party at their last known address or by electronic mail. Notices sent by post shall be deemed to have been received within 48 hours of posting and electronic mail on the day of transmission.
9. Law and Jurisdiction. The Contract, shall be governed by the law of England and any dispute, controversy, proceedings or claim between you and Us shall be subject to the jurisdiction of the courts of England.

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