Terms of Business

Ely Cross Country Vehicles (the Company) accepts vehicles (defined later) for repair, for examination with a view to quoting for repairs, for garaging or pending sale or for any other purpose, only on and subject to the following terms and conditions:

1. Quotations are effective only for 28 days from the date of the quote. Upon the company accepting an order based on a quote these terms and conditions have effect. Where no quotation is provided these terms and conditions shall also have effect. If the customer does not place an order within 14 days of receipt of quote from the company then the company may charge the customer garage rent (storage) at the rate posted at the company’s reception desk from time to time from the date of delivery of the vehicle to the company to the actual date of collection of the vehicle by or on behalf of the customer from the company.
2. All quotations given by the company are based on the current hourly labour rate, price of materials and spare parts at the date of quotation and in the event of any variations occurring before or after acceptance the company may if it thinks fit require the customer to pay on the completion of work any increase due to such variation.
3. If no price is stated or only part of the work covered by the quotation is carried out the company shall be entitled to charge a reasonable and proper price for the work done (including any dismantling leading to determination of the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
4. If in the opinion of the company it is impracticable for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that a quotation may have been given therefore) and to carry out only some work as in the opinion of the company may be practicable.
5. Variations to any part of the contract between the company and the customer shall only be with the consent of both parties.
6. Every endeavour will be made to carry out the work by the time desired, but the company shall not be liable for any delay beyond the control of the company notwithstanding that a definite date for completion may have been specified.
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 the company is entitled to make delivery of the vehicle, shall be paid for by the customer.
8. The company may demand a deposit before commencing or in the course of any work for the cost of parts not held in stock by the company, or where the company reasonably anticipates that the cost of the work will be approximate to the trade value of vehicles at that time. A repair is completed for the purpose of these conditions when notice has been given to the customer that the vehicle is ready for collection.
9. The Company shall have a general lien on a vehicle and all its contents for all monies owing to the company by the customer on any account whatsoever. The company shall be entitled to charge garage rent during any period in which the vehicle is retained by virtue of the lien at the rate posted at the company’s reception desk from time to time.
10. If the customer’s indebtedness to the company is not satisfied within 28days from the end of the month in which the account was rendered to the customer then interest will accrue from the date of invoice to the date of actual payment (whether before or after judgement) at the rate of 8% above the base rate of Lloyds TSB Bank Plc in force from time to time. The company shall be entitled to charge the customer £35.00 on every occasion that a customer’s cheque is returned unpaid by the customer’s bankers.
11. Where in any case a driver who, so far as the company is aware, has authority to collect the vehicle, collects the same, the company 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 the delivery may have been made without payment of the company’s account. It shall not be obligatory upon the company to seek confirmation of the authority of any person reasonably believed to be connected with the customer.
12. If the vehicle is not collected by the customer after completion of repairs, the company may charge its current garage rent at the rate posted at the company’s reception desk from time to time in respect of the vehicle from the date of completion of the repairs until collection.
13. In connection with any inspection, repair or contemplated repair, or other purposes for which a vehicle is accepted by the company, the testing, taking the vehicle to the coachbuilders or other specialist contractors etc then 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.
14. The company is not responsible for the loss or damage to the vehicle or other property whatsoever however occasioned, except when such loss or damage is caused by negligence or deliberate act of the company or its servants. Under no circumstances will the company 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.
15. The customer shall be entitled to the benefit of any warranty given by the manufacturer in the normal supply of parts and materials. All work carried out by the company is warranted against failure due to defective workmanship for a period of three(3) months or 3000miles from the date of completion of the relevant work, whichever occurs first. This warranty extends only to repairs actually undertaken and does not cover a situation where a fault re-occurs but its cause is different to the previous cause of fault (progressive fault diagnosis). It does not affect statutory rights.
16. All parts (defined in Section 16) removed in the course of repairs shall, if not claimed by the customer on collection of the vehicle, be deemed to be wholly abandoned to the company and they shall become the company’s absolute property accordingly.
17. Any notice to the customer posted to his last known address shall be good notice and shall be deemed to have been received by the customer 48hours after posting.
18. Save where the context forbids, the term “vehicle” wherever used in these conditions includes car, lorry, van, trailer, caravan, invalid carriage, and mechanically propelled device. The term “parts” includes, as a separate unit or otherwise, engine, axle, gearbox, clutch, alternator, starter, battery and every component of a vehicle.
19. No alterations or qualifications of these printed terms and conditions shall be effective unless in writing, signed on behalf of the company by James Wallis. No other person has any authority to alter or qualify in any way these conditions or to enter into any contract repair for any of the purposes set out in the preamble above on behalf of the company otherwise than on such conditions.
20. Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturers schedule.
21. Where parts or other goods (“parts”) are supplied to the customer then notwithstanding delivery and the passing of risk in the parts, or any other provision in these terms and conditions, the title in such parts shall not pass to the customer until the company has received in cash or cleared funds payment in full of the price of such parts and all other parts agreed to be sold by the company to the customer for which payment is then due.
22. Until such time as the title in the parts passes to the customer, the customer shall hold the parts as the company’s fiduciary agent and bailee, and shall keep the parts separate from those of the customer and third parties and properly identified, stored, protected and insured as the company’s property but shall be entitled to resell or use the parts in the ordinary course of business.
23. Until such time as the title passes to the customer (and provided the parts are still in existence and have not been resold) the company shall be entitled at any time to require the customer to deliver up the parts to the company and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the parts are stored and repossess the parts.
24. The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the parts which remain the property of the company, but if the customer does so ask, monies owing to the company shall (without prejudice to another right or remedy of the company) forthwith become due and payable.

Notice

Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it in the company’s premises. The company 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 the company.