Vehicle Workshop / Repair Terms and Conditions (B2C)

 VEHICLE WORKSHOP / REPAIR TERMS AND CONDITIONS (B2C)

 BACKGROUND:

These Terms and Conditions are the standard terms which apply:

 to the provision to the Customer of any Services (as "Services" is defined in Clause 1 below) by the Garage, namely John Banks a company registered in the United Kingdom under number 0183725 whose registered office is at Kempson Way, Moreton Hall, Bury St Edmunds, Suffolk, IP32 7AR ("the Garage"); and

 where the Customer is a "Consumer" as defined by the Consumer Rights Act 2015.

 Definitions and Interpretation

1. • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Unless the context otherwise requires, each reference in these Terms and Conditions 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 re-enacted at the relevant time;
  • "these Terms and Conditions" is a reference to these Terms and Conditions 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 and Conditions; and
  • a "Party" or the "Parties" refer to the parties to these Terms and Conditions;
• The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;
• Words signifying the singular shall include the plural and vice versa; and.
• References to any gender shall include the other gender.

2. Booking
   • You may request a booking for any Work (subject to Our confirming the booking) by email, telephone or SMS.
   • When You request a booking, You must give Us the following information:
     • Owner, Driver, Keeper Contact information
     • Preferred date
     • Nature of repair or maintenance required;
     • Registration Number of vehicle and VIN if registered outside of the UK
     • Details of any service plans or warranties applicable to the vehicle
   • We shall provide You with a booking confirmation which shall provide prompts for all required information subject to receiving an email address;
   • We will prepare and submit an estimate to you either by email or verbally giving an Estimate based on the details You provide only if required;
   • If You agree to the Estimate, We will then prepare and booking on our system; or if you require a quotation this can also be emailed.
   • If You accept the Estimate or the Quotation, We shall then confirm the booking to You and We shall use all reasonable endeavours to ensure that the date we agree for the work to be carried out is as close as possible to that which you originally requested. Only if and when We give You that confirmation will there be binding contract between You and Us for the Work;
   • You may accept an Estimate or Quotation by email, telephone or first class post;
   • You confirm that, in connection with your request(s) for any Services, You are and will be a "Consumer" as defined in Clause 1 above.
3. Payment and Invoices
   • If We require a deposit or similar prepayment, We shall state it clearly in the Quotation and You must pay it within 24 hours using Worldpay link which will be sent to you securely.
   • From the point at which Work on the Vehicle commences up until the point at which You have paid in full all sums due, we shall have a general lien on Your Vehicle (i.e. a right to possession of property until payment is made for work done to that property) for all sums due;
   • Following our completion of the Work, we shall issue an invoice to you;
   • The invoice will provide a comprehensive summary of all of the Work done and will provide full details of all parts and labour including the Price payable for it with the VAT element payable on it shown separately;
   • The invoice will also show the mileage of the Vehicle and will refer to the warranty set out in Clause 9;
   • All sums due will be payable upon collection on the date of the relevant invoice;
   • You may make payment by Worldpay link or bank transfer or we may call you on a secure line to make payment by card.
   • In addition to Our rights under sub-Clause 3.2, We shall have the right to sell the Vehicle at Your expense if any sum due remains unpaid following our written notice to you of 30 days. That notice period will begin no earlier than 60 days after the date of the relevant invoice;
   • From the due date of payment until we take the action set out in sub-Clause 3.8, any outstanding sum will incur interest on a daily basis at 2% above the base rate of HSBC Bank from time to time until you make payment in full.
4. Insurance Claims and Accident Damage
   • If the Work to be carried out on the Vehicle is the subject of an insurance claim, You (or the policyholder if he/she is not the same person) must sign any documents required by the insurer to be signed to authorise payment to us directly for the Work;
   • We shall not be responsible for any delay in completing the Work and / or returning the Vehicle to You where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.
5. The Work
   • We shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock to enable Us to carry out the Work when it is booked to be carried out but We will tell You if, due to non-availability of parts or a delay in their delivery, We are unable to begin the Work on the date We have arranged with You and to complete it within the total amount of the time referred to in sub-Clause 5.5;
   • If We cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, then when We tell You that (as set out in sub-Clause 5.1), You may either make arrangements with Us for a re-booking or You may exercise Your right to cancel as set out in Clause 11;
   • We shall agree with You before We begin the Work on all parts that We are going to use (except for those additional parts referred to in sub-Clause 5.6);
   • We shall only use parts for the Work that are new and either Manufacturer’s original parts or those produced by a third party and authorised by the Manufacturer. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first explicitly consent;
   • We will tell You before We begin the Work the amount of time We initially estimate that We will need to carry out the Work subject to any additional time needed under sub-Clause 5.6. We shall tell You promptly on discovering a need for such additional time and the reasons for needing it;
   • If We find during the course of the Work that We need to use additional parts and / or labour, We will only order additional parts or carry out additional Work if You first explicitly consent. For that purpose We will tell You immediately and give You an estimate for both the cost to You of additional parts and labour and also an estimate of the amount of additional time We need to carry out the additional Work;
   • We will allow You an appropriate reduction in the Price to the extent that the time We take to carry out all of the Work:
   • exceeds the total of the time We initially estimated under sub-Clause 5.5 and the additional time We estimated under sub-Clause 5.6; and
   • exceeds what is a reasonable time in all of the circumstances;

but a reduction will only apply to any part of delay in the completion of the Work due to a cause within Our reasonable control;   

5.8       If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the Garage if You will dispose of them in an environmentally responsible manner. If You do not wish to inspect and / or remove the parts, We shall dispose of them after You collect Your Vehicle; and

5.9       We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it but We nevertheless   advise You to remove all possessions from the Vehicle before We begin the Work.

6. Vehicle Warranties
   • If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust / corrosion warranty at the time the Work is carried out, We shall carry out all of the Work in a way that adheres to the terms of those warranties and the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts;
   • If Our compliance with sub-Clause 6.1 causes Us additional cost, We will tell You of alternatives and will explain to You in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not We will follow any such alternative shall be Your decision alone;
   • Before We begin any of the Work covered by a Manufacturer’s or a third party organisation’s warranty We shall obtain their consent to Us carrying out that Work;
   • We shall not be responsible or liable for any failure to comply with any warranties where You have not told Us of those warranties.
7. Sub-Contracting

We may sub-contract any of Our obligations under these Terms and Conditions provided that any sub-contractor We use is reasonably skilled in the relevant practices and provided that We do not pass on to You any additional charges without Your prior consent.

8. Insurance, Damage and Liability
   • We shall at all times have in place suitable and valid insurance, including public liability insurance;
   • We shall not be liable to You for any loss or damage You suffer due to Your failure to follow Our or the Manufacturer’s instructions;
   • We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control;
   • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
   • We provide Services to You only for Your personal and private use/purposes as a Consumer. We make no warranty or representation that products, or other goods or materials that We use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
   • Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and
   • As a "consumer" as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

• the Consumer Rights Act 2015;
• the Regulations;
• the Consumer Protection Act 1987; or
• any other consumer protection legislation;

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

9. Warranty and Guarantee
   • We warrant the Work from the date of invoice for a Warranty Period of 1 week or a distance of 500 miles whichever occurs first;
   • Unless We explicitly tell you otherwise when We invoice You, We shall warrant all parts that We use from the date of invoice for a Warranty Period of 12 months if they are manufacturer parts unless they are consumable products such as tyres or a distance of 10,000 miles whichever occurs first. The warranties on certain parts may vary due to their original Manufacturers’ warranty conditions, and in that case We are able to inform you if you request this information or place it on the invoice or another document Our different Warranty Period or distance for those parts;
   • If any Work done and / or parts used fails during the Warranty Period, We shall carry out the necessary repairs and replacements at no additional cost to You;
   • Any warranty that We give You applies to Your Vehicle. If You sell or otherwise transfer ownership of Your Vehicle to another person, they will be entitled to the benefit of the warranty for the rest of the Warranty Period;
   • We will be entitled to void any warranty that We give You if the Vehicle is used for anything other than normal purposes (unless We explicitly tell you 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 (exceeding maximum towing weight, for example);
     • Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; or
     • Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations;
   • The rights and remedies that We give You under this Clause 9 to provide repairs and replacement parts shall (as stated by sub-Clause 8.7) be in addition to all such rights and remedies as are available to You if You as a Consumer.
10. Courtesy Car
    • We may loan You a courtesy car but We will not be bound to do so and may decline to do so due to non-availability of a car or any other reason, and We will not in any case loan You a courtesy car if You are not eligible (as set out in sub-Clause 10.2) to be given one. If You request a courtesy car and We agree to provide one it will be on condition that You first complete and accept the terms and conditions of a Courtesy Car Agreement;
    • We will not provide You with a courtesy car unless You are eligible as follows:
      • You hold a full (not provisional) driving licence which You have held for at least 1 year at the date of being provided with the courtesy car, and, if You have a UK driving licence, You have shown Us both the photocard licence and the paper counterpart licence (not any copy of a licence);
      • You are at least 21 and not more than 80 years of age;
      • You have no more than 9 penalty points on Your driving licence;
      • You have not been banned from driving for a period of 12 months or more as a result of a CD, DD, DR or UT Offence within a period of 5 years up to the date of being provided with the courtesy car; and
      • You have shown Us two forms of identification (in addition to Your driving licence) when You are collecting the courtesy car, at least one of which includes Your home address. Such forms of identification include, but are not limited to a passport, bank statement and a utility bill.

11. Cancellation
    • You may cancel any Work booked as set out in sub-Clause 11.5 or as set out in sub-Clause 11.3;
    • If You cancel under sub-Clause 11.3 or 11.5, and You have paid Us any deposit or prepayment under sub-Clause 3.1, We shall return it to You less any amount You owe to Us under any part(s) of this Clause 11, but You will still be liable to pay Us the remainder of the amount You owe Us;
    • If, on or after You have brought Your Vehicle to Our premises for the Work to be carried out, You cancel the Work but We have by that time begun the Work, You must pay Us for all labour and for all parts We have used and, if We so decide, for all parts We have ordered but not yet used if in Our reasonable judgement We are unlikely to use or sell those ordered parts within 3 months. We shall invoice You for that labour and those parts. We will charge You for that labour at the same hourly rate as We used to calculate the Price. Clause 3 shall apply to the payment of any such invoice;
    • The parts We have ordered but not used by the time You cancel will remain Our property. We may use or dispose of them as We see fit without accounting to You for their cost where We have charged You for them under sub-Clause 11.3;
    • Where the contract We make with You is not made on Our premises, the Regulations give You the following rights in addition to the rights given to You by the above provisions of this Clause 11:
    • You may for any reason cancel a booking during the 14 day period after We confirm that booking unless sub-Clause 11.5.2 applies. If You cancel as allowed by this Sub-clause 11.5.1, and You have already made any payment(s) to Us for the Work, We will refund the payment(s) to You within 14 days of receiving Your cancellation; but
    • if the booking is for a date for beginning the Work which is before the end of the 14 day period from when You make the booking and if You have expressly requested Us to do any of the Work and We do so, You may not cancel the booking and You must pay in accordance with Clause 11.3 for such of the Work as has been carried out;

If You request that Your booking be cancelled, You must confirm this in any way convenient to You;

• If You cancel any booked Work and You have a courtesy car from Us, You must return it to Us immediately; and
• Once You have paid Us all that You owe Us, You shall collect (or arrange for the collection of) Your Vehicle within 3 working day. If Your Vehicle remains on Our premises beyond that period. You shall pay Us for its storage at the rate of £10.00 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge).

12. How We Use Your Personal Information (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and Your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.johnbanks.co.uk/privacy.
13. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We confirm the booking for any Work) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We confirm the booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

14. Information

As required by the Regulations:

• all of the information described in Clause 13; and
• any other information which We give to You about any Services or the Garage which You take into account when deciding to make a booking or when making any other decision about the Services;

will be part of the terms of Our contract with You as a Consumer.

15. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

16. Complaints

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about the Work or Our Services or any other complaint about the Garage or any of Our staff, please raise the matter with the Service Manager on site for the location you have been working with who can be contacted at the Garage or in writing to our Business Development Manager Olivia Tombs Olivia.tombs@johnbanksgroup.com who will deal with your complaint in line with our complaints procedure policy.

17. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

18. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

19. Law and Jurisdiction
    • These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    •  We are also a member of the Motor Ombudsman who may be contacted to address complaints and issues relating to dispute resolution between yourself and the garage. Details are available on our website. www.johnbanks.co.uk and at https://www.johnbanks.co.uk/dispute-resolution-terms.aspx as well as via the Motor Ombudsman under each of our garage locations https://www.themotorombudsman.org/consumers/make-a-complaint