1 GENERAL

1.1 Definitions
“HAC” means Heathrow Automotive Centre.
“The Customer” means the person who accepts a quotation of HAC and/or whose order is accepted by HAC.
“Contract” means the contract for sale by HAC and purchase by the Customer of the goods/service.
“Director” a director of Heathrow Automotive Centre

1.2 All orders received, whether verbal or in writing, are subject to these terms & conditions as agreed in writing between HAC and the Customer but which in any event prevail in exclusion to all terms & conditions.

1.3 HAC accepts vehicles for repair, rescue, recovery, for examination with a view to estimating for repairs, for garaging or pending sale or for any other purpose, only on and subject to the following terms and conditions (in addition to any conditions stated on the face hereof).

1.4 No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of HAC by a Director or a duly authorised officer of HAC, no other person has any authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of HAC otherwise than on such conditions.

1.5 Save where the context forbids, the expression ‘vehicle’ wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle, and, as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.

1.6 In connection with any inspection, repair or contemplated repair, or other purposes for which a vehicle is accepted by HAC, testing, taking the vehicle to the coach builders or other specialists, demonstrations, etc, the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.

1.7 Except in the case of consumer transactions HAC is not responsible for loss or damage to vehicles or other property whatsoever however occasioned, except when such loss or damage is caused by the negligence or deliberate act of HAC or its servants. Under no circumstances will HAC accept liability for loss or damage outside its control or for any indirect or consequential loss or damage, except direct physical damage to persons or property.

2 ORDERS

2.1 Estimates are effective only for 28 days after dispatch. If instructions are not received from a Customer (in response to an estimate rendered) within 28 days from dispatch of the estimate, HAC may charge its usual garage rates from the date the vehicle was received until its collection (Note:- HAC does not as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by HAC and duly paid for).

2.2 All estimates by HAC are based on the current cost to HAC of labour, material and spare parts at the date of estimate, and in the event of any variation occurring before or after acceptance HAC may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.

2.3 If no price is stated or if part only of the work covered by the estimate is carried out HAC shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.

2.4 If in the opinion of HAC it is impracticable for any reason to carry out any work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given therefore) and to carry out only such work as in the opinion of HAC may be practicable.

2.5 Variation of any kind in the estimate, or the scope of the repair or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied no act of commission or omission by HAC in relation to any vehicle shall constitute a ‘deviation from the contract’, nor shall any such act disentitle HAC to the benefit of any of these Conditions.

2.6 Every endeavour will be made to carry out the work by the time desired, but HAC shall not be liable for any delay howsoever occasioned and this notwithstanding that a definite date for completion may be specified.

2.7 Any work done or goods supplied in relation to a vehicle, by the order of any driver in the Customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom HAC is entitled to make delivery of the vehicle, shall be paid for by the Customer.

3 PAYMENT

3.1 Unless otherwise agreed in writing payment for all good/services supplied is due on completion of work, but HAC may demand a deposit before commencing or in the course of any work a repair is completed for the purpose of these conditions when notice has been given that the vehicle is ready for collection.

3.2 If the Customer has received in writing approval to pay on account HAC expects payment within 30 days of the invoice date.

3.3 HAC may at any time and without notice revoke any agreement as to credit terms so that payment for the goods/services become immediately payable on delivery.

3.4 Unless otherwise agreed in writing and signed by HAC, interest on all accounts and other charges at the rate of 5% above the current base rate of HSBC Plc shall be payable if the payment remains outstanding beyond any date set for payment in accordance with terms hereof.

3.5 If the Customer’s indebtedness to HAC is not satisfied within three months from the first account rendered to the Customer, HAC may without notice, sell the vehicle and/or the contents thereof by public auction or private treaty, the net proceeds of sale shall be applied towards satisfying monies due from the Customer to HAC, and any balance shall be paid by HAC to the Customer on demand.

3.5.1 HAC shall have a general lien on a vehicle and all its contents for all monies owing to HAC by the Customer or any account whatsoever HAC shall be entitled to charge garage rent during any period in which the vehicle is retained by virtue of the lien.

3.5.2 A storage fee will be charged for any vehicle not collected within fourteen days of completion of the work and customers are informed that the acceptance of all vehicles for repair (or servicing as appropriate) by the Company at these premises is subject to the provision of the Torts (Interference with Good) Act, 1977 which confers on the Company a right to sell the vehicle if not collected when ready for re-delivery. The above storage terms are applicable to vehicles remaining on the premises after fourteen days where no instructions for repair (or servicing as appropriate) have been given to the Company in writing.

3.5.3 Any notice posted to the Customers last known address shall be good notice.

3.6 Where in any case a driver who, so far as HAC is aware, has authority to collect the vehicle, collects the same, HAC shall not be responsible to the Customer for any loss or damage resulting on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of HAC’s account it shall not be obligatory upon HAC to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time connected with the Customer.

4 WARRANTY

4.1 The Customer shall be entitled to the benefit of any warranty to which HAC is entitled as against the manufacturer of parts and materials supplied by any sub-contractor, all work carried out by HAC is warranted against failure due to defective workmanship for a period of three months (90 days) or 3,000 miles, whichever occurs first, this warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis and it does not affect your statutory rights.

4.2 All parts removed by HAC in the course of repair shall, if not claimed by the Customer within 14 days after the completion of the repair be deemed to be wholly abandoned to HAC and they shall become HAC’s absolute property accordingly.

4.3 Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.

5 DAMAGE AND ALL OTHER QUERIES

5.1 All claims for damage to a Customers vehicle and all other queries have to be submitted in writing to HAC’s offices within 14 days.

5.2 Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on HAC’s premises since HAC cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by a lack of reasonable care on the part of HAC.

6 CONSUMER TRANSACTIONS

6.1 Nothing herein contained is intended to affect, nor will it affect a consumer’s statutory right under the Sale of Goods Act, 1893 as amended by the Supply of Goods (Implied Terms) Act, 1973 or the Unfair Contract Terms Act, 1977.

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