TERMS AND CONDITIONS OF BUSINESS
1.1 “The Company” refers to Professional Retrofits Limited .
1.2 “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by Professional Retrofits Limited
1.3 “The Conditions” refers to the terms and conditions of Professional Retrofits Limited 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 Professional Retrofits Limited.
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 Professional Retrofits Limited 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 price of the work carried out is exclusive of VAT. Where applicable, 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 fitting/service, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 30 days from date of 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 Professional Retrofits Limited 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 All work provided by The Company comes with a 2 year guarantee, from the date of invoice, unless detailed otherwise, with the exclusion of damage arising from customer/third party interference, routine wear and tear, negligence, abuse and accidental damage. This applies to new parts provided by the Company only (exceptions apply). All aftermarket products come with a 12 month warranty unless otherwise stated.
9.2 For any warranty claim, we will require an email with the invoice number or the vehicle registration and the date of installation. We will also require a description of the fault and a contact number. The technical team will then reply to you by email or arrange a call back if required.
9.3 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. All warranty work is return to installation location only. We can however make special exceptions if we are in the area. This is subject to flexibility and may require a waiting time of several weeks.
9.4 Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. If any work is required to be carried out other than by The Company, approval must be obtained from The Company. The Company is not responsible for any part removed from the vehicle or tampered with by any person not employed by the Company. Parts failing as a result of misuse / extreme driving conditions, criminal or malicious damage, fire, theft or where parts have been repaired by another garage or individual or used for competitive motor sports or on a taxi are excluded.
10. Surcharge for Special Order Parts
A Surcharge of 50% is payable to Professional Retrofits Limited for parts which are a special order for the Customer. Special Order items require a 50% deposit prior to ordering. This fee is non refundable in the event of a cancellation. E&OE
11. Liability and indemnity
11.1. Our liability under these Terms and Conditions, and in breach of statutory
duty, and in tort or misrepresentation or otherwise, shall be limited as set out
in this clause.
11.2. The total amount of our liability is limited to the total amount of Fees
payable by Bayer under the Contract.
11.3. We are not liable (whether caused by our employees, agents or otherwise) in
connection with our provision of the Services or the performance of any of
our other obligations under these Terms and Conditions or the quotation for:
1. any indirect, special or consequential loss, damage, costs, or expenses or;
2. any loss of profits; loss of anticipated profits; loss of business; loss of data;
loss of reputation or goodwill; business interruption; or, other third party
3. any failure to perform any of our obligations if such delay or failure is due to
any cause beyond our reasonable control; or
4. any losses caused directly or indirectly by any failure or your breach in
relation to your obligations; or
5. any losses arising directly or indirectly from the choice of Services and how
they will meet your requirements or your use of the Services or any goods
supplied in connection with the Services.
4. You must indemnify us against all damages, costs, claims and expenses
suffered by us arising from any loss or damage to any equipment (including
that belonging to third parties) caused by you or your agents or employees.
5. Nothing in these Terms and Conditions shall limit or exclude our liability for
death or personal injury caused by our negligence, or for any fraudulent
misrepresentation, or for any other matters for which it would be unlawful to
exclude or limit liability