Car repair and servicing Terms:

These Terms shall apply to the repair and maintenance of vehicles by JP Vehicle Services.

  1. Definitions and Interpretation
    • In these Terms, unless the context otherwise states, the following expressions have the following meanings:
      • “Customer” – means the individual consumer that requires the services of the garage
      • “Estimate” – means a document setting out the approximate price of the work
      • “Garage” – means JP Vehicle Services
      • “Invoice” – means a final document setting out the total price of the work
      • “Manufacturer” – means the producer of the vehicle
      • “Price”  – means the fee payable for the work completed including parts, labour and any additional charges
      • “Quotation” – means a document setting out the agreed fixed price of the work that shall not be varied without the Customer’s agreement
      • “Vehicle” – means the Customer’s vehicle that may be a car, van, motorhome or trailer
      • “Warranty Period” – means the duration of the warranties provided by the Garage
      • “Work” – means the repair and maintenance services provided by the Garage to the Customer
    • Unless the context states otherwise, each reference in these Terms to:
      • “Writing” – and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means
      • A statute or a provision of a statute is a reference to that statute or provision as amended or reenacted at the relevant time
      • “These Terms” is a reference to these Terms and each of the Schedules as amended or supplemented at the relevant time
      • A Clause or paragraph is a reference to a Clause of these Terms
      • A “Party” or “Parties” refer to the parties to these Terms
    • The headings used in these Terms are for convenience only and shall have no effect upon the interpretation of these Terms
    • Words imparting the singular number shall include the plural and vice versa
    • References to any gender shall include the other gender
2. Booking
  • The Garage accepts bookings for Work from Customers by telephone or email
  • When making a booking, the Customer shall be required to provide the following information:
    • Customer contact details
    • Preferred date
    • Nature of the work to be carried out
    • Make, model and year of the vehicle
  • Based upon the details provided by the Customer, the Garage will prepare and submit an Estimate to the Customer either by email or telephone which shall set out the estimated Price
  • Should the Customer require and Estimate, the Garage will prepare and submit a Quotation to the Customer either by email or first class post which shall set out the final price
  • Following the Customer’s acceptance of the quotation, the Garage shall confirm the booking and shall use its best and reasonable endeavours to ensure the date is as close to that originally requested by the Customer as possible
  • Acceptance of both Estimates and Quotations may be made by email, telephone or first class post
3. Payment and Invoices
  • If a deposit or similar prepayment is required, this shall be clearly stated in the Quotation and must be paid within 24 hours
  • From the point at which Work on the Vehicle commences up until the point at which all sums due are paid in full.  The Garage shall have a general lien on the vehicle and its contents for all sums due
  • Following completion of the Work, the Garage shall issue an invoice to the Customer
  • The invoice shall provide a comprehensive summary of all work done and shall provide full details of all parts and labour including the Price payable therefore
  • In addition, the invoice shall also show the mileage of the Vehicle and shall refer to the warranty set out in Clause 9
  • All sums shall be due within 7 days of the date of the relevant invoice
  • Payment may be made by cash, debit/credit card (credit card 2% charge) or Cheque (supported by a current bankers card)
  • The Garage shall be entitled to sell the Vehicle at the expense of the Customer in the event that sums remain unpaid following written notice to the Customer of 30 days, such notice to commence no earlier than 15 days following the date of the relevant invoice
  • From the due date of payment until the taking of actions set out in the previous sub-clause, any outstanding sums shall incur interest on a daily basis at 10% above the base rate of HSBC from time to time until payment in full is made
4. Insurance Claims and Accidental Damage
  • If the Work to be carried out on the Vehicle is subject of an insurance claim, the Customer (or policy holder if they are not the same person) may be required to sign documents required by the insurer to authorise payment to the Garage for the Work
  • The Garage shall not be responsible for any delays in completing the Work and / or returning the Vehicle to the Customer where such delays arise out of the actions of the insurer including, but not limited to, the withholding of payment
5. The Work
  • The Garage shall use its best and reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock at the time of the booking.  If, due to unavailability of parts or a delay in delivery, it will not be possible for the Work to be completed as arranged, the Garage will inform the Customer and make arrangements for re-booking
  • If Work cannot be undertaken on time, as set out in sub-clause 5.1, the Customer may exercise their right to cancel as set out in Clause 11
  • All parts to be used (with the exception of additional parts referred to in sub-clause 5.6, shall be agreed upon by the Customer and the Garage prior to commencement of the Work
  • All parts to be used shall be new and shall be either Manufacturer’s original parts or those produced by a third party and authorised by the Manufacturer.  If the Garage chooses to deviate from this provision in any way, the Customer must be informed of the reasons for such deviation and must give their consent before the use of such parts occurs
  • The time required for the Work will be agreed upon by the Customer and the Garage prior to commencement of the Work, subject to the additional time which may be required under sub-clause 5.6.  The Garage shall use its best and reasonable endeavours to ensure that the Work is completed within the agreed time period.  Notwithstanding the provisions of this Clause, however time shall not be of the essence of these Terms.  The Customer shall be informed promptly of any overruns and the reasons therefore.
  • During the course of the Work, it may become evident that additional parts and / or labour is required.  In this event, no additional Work will be carried out nor parts ordered without prior consent of the Customer.  The Garage will inform the Customer immediately and provide an estimate for the additional parts and labour
  • If any parts are replaced, the original parts will be made available to the Customer for viewing and examination up to and including the time that the Customer collects the Vehicle.  The Customer shall only remove those parts from the Garage if they will be able to dispose of them in an environmentally responsible manner.  If the Customer does not wish to inspect and / or remove the parts, the Garage shall dispose of them following collection of the Vehicle
  • The Garage shall use its best and reasonable endeavours to ensure that good care is taken of the Vehicle and any of the Customer’s possessions which may be inside it.  Notwithstanding this provision, the Customer is advised to remove all possessions from the Vehicle prior to the start of the Work
6. Vehicle Warranties
  • If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warrant or rust / corrosion warranty at the time of the Work the Garage shall ensure that all Work is carried out in accordance with the terms of those warranties and with the Manufacturer’s specifications and documentation, using original or Manufacturer authorised parts
  • If additional cost will be incurred by such conformity, the Customer will be informed of alternatives and will have the consequences of such alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties) explained to them in full.  The Customer’s decision shall be final
  • The Garage shall obtain the consent of any warranty provider (whether that is the Manufacturer or a third-party organisation) prior to the commencement of any work covered by that warranty
  • The Garage shall not be responsible for any failure to comply with any warranties where the Customer has not made the Garage aware of the same
7. Sub-Contracting
  • The Garage shall be free to sub-contract any of its obligations under these Terms provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed onto the Customer without the Customer’s prior authorisation
8. Insurance, Damage and Liability
  • The Garage shall have in place at all times, suitable and valid insurance which shall include public liability insurance
  • The Garage’s total liability for any loss or damaged caused as a result of its negligence or breach of these Terms shall be limited to £2,000,000
  • The Garage is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Garage or by the Manufacturer
  • Nothing in these Terms shall limit the Garage’s liability for death or personal injury
  • The Garage shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms
9. Warranty and Guarantee
  • The Work shall be warranted from the date of invoice for a Warranty period of 12 months or a distance of 12,000 miles, whichever occurs first
  • All parts, unless stated otherwise, shall be warranted from the date of the invoice for a Warranty period of 12 months or a distance of 12,000 miles, whichever occurs first.  The warranties on certain parts may vary due to their original Manufacturer’s Warranty conditions.  The Customer will be informed of this in writing
  • If any Work done and / or parts used, fails during the Warranty period, the Garage shall carry out the necessary repairs and replacements but the Customer may have to pay for the parts used until the Warranty claim has been accepted.  The Customer will then receive a full refund
  • Any Warranty granted by the Garage applies directly to the Vehicle.  If the Customer sells or otherwise transfers the ownership of the Vehicle to another party, that party shall remain entitled to the benefit of the Warranty for the remainder of the Warranty period
  • The Warranty may be voided if the Vehicle is used for anything other than normal purposes (unless specifically stated otherwise).  This includes:
    • Participating in racing or other competitions of any kind
    • Participating in speed testing or time trials
    • Use of the Vehicle in a way which exceeds its design limitations (for example, exceeding maximum towing weight)
    • Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations
    • Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations
  • Nothing in these Terms shall affect the Customer’s statutory rights as a consumer arising out of The Supply of Goods and Services Act 1982
10.  Cancellation
  • The Customer shall have the right to cancel the Work at any time
  • Unless otherwise expressly agreed in writing, any deposit or prepayment made in accordance with sub-clause 3.1 shall not be returned to the Customer in the event of cancellation
  • If Work has commenced, the Customer will be required to pay for all labour and parts used up until the point of cancellation and shall be invoiced for the same.  The provisions of Clause 3 shall apply to the payment of any such invoice
  • If the Garage has ordered parts for the Vehicle but those parts have not been used prior to cancellation, it shall have the right to charge the Customer for those parts where, in the sole judgement of the Garage, they are unlikely to be used or sold within a period of 1 month
  • Notwithstanding any payment the Customer may make for parts under sub-clause 11.4, those parts shall remain the property of the Garage and the Garage shall remain at liberty to use them or dispose of them as it sees fit
  • If the Customer has been provided with a courtesy car, it must be returned to the Garage immediately upon cancellation
  • Following the payment of any sums due, the Customer shall be required to collect (or arrange for the collection of) the Vehicle within 2 days.  If the Vehicle remains on the premises beyond that period, the Garage shall charge the Customer for storage at the rate of £15 per day and shall not release the Vehicle until any such sums are paid in full
11.  Data Protection
  • Subject to the exceptions in sub-clause 12.2, the Garage will not share the Customer’s personal data with any third party for any reasons without the prior consent of the Customer.  Such data will only be collected, processed and held in accordance with the Garage’s rights and obligations arising under the provisions and principles of the Data Protection Act 1988
  • The Garage has the right to pass on any personal information provided by the Customer to relevant authorities including, but not limited to, the DVLA and the police.  In the event that the Customer is in breach of these Terms, the company may also pass on any such information to credit reference agencies and debt recovery agencies
12. Notices
  • All notices under these Terms shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice
  • Notices shall be deemed to have been duly given
    • when delivered, if delivered by courier or other messenger, including registered mail, during normal business hours of the recipient
    • when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated
    • on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid
    • on the tenth business day following mailing, if mailed by airmail, postage prepaid
    • in each case when addressed to the most recent address, e-mail address or facsimile number notified to the other party
13. No Waiver
  • No failure by either the Garage or the Customer to enforce the performance of any provision in these Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms.  Such failure shall not be deems to be a waiver of any proceedings or subsequent breach and shall not constitute a continuing waiver
14. Severance
  • If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby
15. Force Majeure
  • Neither Party to these Terms shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question
16. Law and Jurisdiction
  • These Terms shall be governed by the laws of England and Wales
  • Any dispute between the Parties relating to these Terms shall fall within the jurisdiction of the courts of England and Wales