Terms and Conditions of Business - ABBY TYRE Ltd, Witney, Oxon
1.1 "The Company" refers to Abby Tyre Ltd, Witney.
1.2 "The Buyer" refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by Abby Tyre Ltd, Witney.
1.3 "The Conditions" refers to the terms and conditions of Abby Tyre Ltd's operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company's management team, acting for and on behalf of Abby Tyre Ltd.
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by Abby Tyre Ltd shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company. The quoted price of the work carried out is inclusive of VAT where applicable, with the exception of 'trade' business which will be quoted exclusive of VAT. VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.
3.2 Payment of the price and VAT shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is
agreed to be no later than the last working day of the month following invoice.
4. Credit Terms
4.1 Where Credit Terms have been extended to the Buyer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer exceeding the Credit Limit extended to the Buyer.
5. Remedies for late payment
5.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period of 30 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.
5.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 5.1 above.
5.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under clause 5.2 above.
5.4 Without prejudice to any of the Company's other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of Abby Tyre Ltd until all amounts owed are paid.
6. Title and Risk
6.1 Any work carried out by the Company at the request of the Buyer, will be at the Buyer's risk from the point of completion of work, to the Buyer's satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
7. Buyer's Warranties
7.1 The Buyer hereby warrants that he is not an undischarged bankrupt and has not committed any act of bankruptcy or being a company with either limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver or to petition for the winding up of the company or exercise any other rights over or against the company's assets.
8. Disputes procedure and Jurisdiction
8.1 Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place. It also complies with the Data Protection Act.
9.1 Puncture/Damage Tyre Warranty
Each tyre purchased with this warranty will qualify for free puncture repairs at Abby Tyre's premises, within twelve months from date of receipt. Should the tyre become unserviceable (through puncture or accidental damage) within twelve months from date of receipt, we offer to replace the tyre with an additional 25% discounted from the current price, subject to the tyre being no more than 75% worn. (Minimum legal tread depth 1.6mm).
9.2 Tyre Complaints
Tyre complaints are handled using the BTMA's Tyre Complaint Handling Code of Practice. (BTMAUK.com)
9.3 Exhaust & Catalytic Converter warranty
Each exhaust/CC section purchased will be warranted for the time period indicated on the receipt, starting from the date of purchase indicated on the receipt.
Following an examination by Abby Tyre Ltd, should an exhaust/CC section need replacing within the warranty period due to excessive corrosion (causing perforation), loose baffles, excessive noise or breakage, it will be replaced free of charge. Exhaust/Catalytic Converter failure due to accident damage, impact, modification or overfueling is specifically excluded from the warranty.
9.4 Battery Warranty
Batteries are warranted for the time period indicated on the receipt, starting from the date indicated on the receipt. Should a battery be tested by Abby Tyre Ltd and found to be faulty within that period, it will be replaced free of charge. Battery damage due to over/under charging is specifically excluded from the warranty.
9.5 Brake Parts
Brake parts are warranted against faulty manufacture for twelve months/12,000 miles from date of receipt. Excessive wear due to brake binding is specifically excluded from the warranty.
9.6 In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.
10. Vehicle Storage
The Company will invoice £15.00 + VAT per day for the storage of any vehicle not collected within 24 hours of being advised of completion of work.
11. Surcharge for Special Order Parts
A surcharge of 20% is payable to Abby Tyre Ltd for parts which are a special order for the Customer if the Customer does not go ahead with the repair.