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Signed in as:
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(NOTHING IN THIS DOCUMENT IS INTENDED TO RESTRICT THE LEGAL RIGHTS OF A CONSUMER)
Motorlogic LTD - March 2024
GENERAL
1) These terms and conditions, together with the details set out overleaf, are intended to
contain all the terms of the agreement between us (the Company) and you (the Customer)
relating to the repair, servicing or other work described overleaf ("Work") to the vehicle
identified overleaf (the "Vehicle") and/or the supply of goods, parts or other things to be
supplied by the Company, whether or not in conjunction with the Work ("Goods"). If you
wish to rely on any amendment or addition you should ensure it is confirmed in writing by
one of our duly authorised representatives.
2) If we agree any variation in the Work to be done or Goods to be supplied, this shall be
deemed to be an amendment to this Agreement rather than a new Agreement.
3) This Agreement will be governed by the law of England and subject to the exclusive
jurisdiction of the courts of England and Wales.
4) You warrant that you own the Vehicle or are duly authorised by the owner to enter into
this Agreement for the Work to be done on it on these terms.
ESTIMATES
5) An estimate is our considered approximation of the likely cost of the Work and/or
Goods, and is valid for 14 days from when we send it to you.
6) Any estimate is based on the published price for the Goods involved at the time of the
estimate. If the manufacturer or other supplier of the Goods changes the published price
after the date of the estimate, we will notify you of any consequential increase in the
estimate. If the increase will be more than ten per cent (10%) of the total estimate, you
may give notice within 14 days cancelling this Agreement. If we do not receive notice of
cancellation within this period, the estimate will be amended as proposed.
7) Unless otherwise agreed in writing, if it appears during progress of the Work that the
estimate will be exceeded by more than ten per cent (10%) of the total, we will notify you
and will not continue with the Work unless you expressly authorise us to do so.
8) If you have left the Vehicle with us for an estimate but have not accepted the estimate,
or have refused it but have failed to collect the Vehicle, within 14 days of the date of the
estimate or (if later) the date of cancellation, we may charge you, at our rates in force at
the time, for the storage of the Vehicle from the end of that period.
9) All estimates are exclusive of any applicable Valued Added Tax. tariffs or other taxes
payable for such Works
COMPLETION OF WORK AND PAYMENT
10) We will use reasonable endeavours to do Work or supply Goods within any time
estimate we give you subject to any delays outside our reasonable control.
11) We shall be entitled to sub-contract all or any part of the work, but will be responsible
for the quality of the sub-contractors' work.
12) If for any reason we do not carry out the Work in full, we will charge you only for
Goods actually supplied or fitted and a reasonable amount for any Work actually done.
13) We will notify you when the Work is complete and the Vehicle and/or the Goods are
ready for collection and (unless you have a credit account with us, in which case you must
comply with the terms agreed in relation to the operation of such account) you must pay
for the Work and/or Goods upon collection.
14) All payments must be made in cash or by a UK credit/debit card, unless we have
agreed to accept a cheque, in which case the cheque must be drawn on a UK clearing
bank and received not less than six working days before you collect the Vehicle and/or
Goods. We do not accept payment in cash over £5,000 per customer within any 3 month
period.
15) We are entitled to retain the Vehicle and/or Goods until you have paid for the Work
and/or Goods (and storage charges if applicable) in full.
16) If you fail to pay the full amount due and to collect the Vehicle and/or Goods:
16.1 Within 7 days of being notified that the Work is complete and/or that the
Goods are ready for collection, we may charge you, at our rates in force at the time, for
the storage of the Vehicle from the end of that period.
16.2 Within 3 months of being notified that the Work is complete and/or that
the Goods are ready for collection, we may (after giving you 7 days' notice of our intention
to do so and if you have not paid the full amount and collected the Vehicle and/or Goods
before such notice expires) sell the Vehicle and/or Goods, deduct the amount owing to us
(including statutory interest, storage charges and the costs of sale) and pay the balance to
you.
17) Unless otherwise agreed in writing, the Goods will be deemed to have been delivered
to you at our premises when you collect them.
18) We will retain all parts replaced during any Work done, except for any to be returned
under warranty or service exchange arrangements, until the Vehicle is collected, and will
be free to dispose of them as we see fit if you do specifically ask for them when collecting
the Vehicle.
TRANSFER OF OWNERSHIP AND RISK
19) The Goods will continue to belong to us until you have paid for them in full. You will,
however, be responsible for any loss or damage from when they are delivered to you, and
should insure accordingly. A cheque will not be treated as payment until it has cleared.
LOSS OR DAMAGE AND LIABILITY
20) We will carry out the Work with reasonable care and skill, and warrant it will remain
free of defects in workmanship for a period of 3 months or 3,000 miles, whichever occurs
sooner, from the date the Work is completed. However, this warranty will not apply if the
Vehicle is involved in an accident or if and to the extent that a defect is caused or
worsened by you:
(a) failing to inform us promptly of the defect and allowing us promptly to examine the
Vehicle and endeavour to remedy the defect;(b) misusing or neglecting the Vehicle or
using or permitting it to be used for racing, rallying or similar sports; (c) failing to comply
with instructions from the manufacturer or from us concerning the treatment of,
maintenance and care of the Vehicle and/or Goods or to have it/them serviced in
accordance with the manufacturer's instructions; (d) fitting the Vehicle, or permitting it to
be fitted, with parts or accessories which have not been approved by the manufacturer, or
(e) altering the Vehicle and/or Goods, or permitting it/them to be altered, in any manner
which has not been approved by the manufacturer.
21) We will sell the Goods with the benefit of the manufacturer's warranty. The
manufacturer's warranty is additional to your statutory rights, and is not affected by any
change of ownership of the Goods. Remedial work under the manufacturer's warranty may
be carried out by any other dealer in the UK or the EEA authorised directly or indirectly by
the manufacturer, who may repair or replace any defective Goods or (if he considers repair
or replacement uneconomic) refund an appropriate part of the price you paid for them.
22) If the Work includes painting then, if the metal to be painted is rusted, we will take all
reasonable precautions to prevent rust penetrating the paint after completion of the Work but
cannot guarantee that this will not happen or that the new paintwork will match existing
paintwork exactly.
23) You must observe the instructions for use, cautionary notices and other technical notices
and information we supply you with the Goods.
24) Except where you are acting as a consumer, and except for fraud or for death or
personal injury resulting from our own negligence, we limit our liability for any breach of this
Agreement to the amount you have paid for the Work and/or Goods and expressly exclude
all liability in relation to the implied terms of satisfactory quality or fitness for purpose and for
loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
25) You should remove any items of value and not related to the Vehicle as we will not
accept liability for loss or damage to these which is not caused by our negligence.
RETURNED GOODS
26) We will accept the return of any Goods which you did not order specifically, provided that
you return them, in the same condition as when supplied, within 5 working days of delivery,
produce our original invoice and pay (at the rate current on the date of return) our handling
charges for returned Goods.
27) You must take reasonable care of the Goods and will be responsible for any loss or
damage from when they are delivered to you until when they are returned to us.
28) Save as above, we will not accept the return of any Goods which are not defective.
SET-OFF
29)If you owe us money which is outstanding for any Goods, and we also owe you money,
then we have the right to off-set the money you owe us against the money that we owe you,
and just pay you the net amount.
NOTICES
30) Any notice given under this Agreement must be in writing and sent by post to the
address of the person to whom it is addressed as set out overleaf, and shall be deemed to
have been received in due course of post.
DISTANCE SALES AND CONSUMER CONTRACTS REGULATIONS
31) If this Agreement has been completed either without any face to face contact between us
and you (or anyone acting on your or our respective behalf) or away from our business
premises, and in each such case you are also acting as a consumer, you may give notice to
cancel this Agreement without giving any reason. The cancellation period will expire 14 days
from the day on which you first instruct us to carry out any Work and no Work can be
performed within this period unless you have expressly requested we do so. To exercise the
right to cancel, you must inform us of your decision to cancel this Agreement in writing by
clear statement (e.g. a letter sent by post or email) to the dealership, contact details for
which are set out overleaf. You may use the cancellation form available on our website at
https://Motorlogic.uk/forms if you wish. If you
request any Work to be provided during the 14 day period then you will lose the right to
cancel this Agreement. You shall pay us an amount which is in proportion to the Work
performed until you have communicated to us your cancellation of this Agreement. In the
event of cancellation, any Goods supplied should be returned to the address of the
dealership shown overleaf without undue delay, and in any event not later than 14 days. You
are liable for the costs of removing the Goods as well as any diminution in value as a result.
Due to the nature of any Goods supplied during the Work to your Vehicle this diminution
may be up to 100% of their value.
COMPLAINTS AND DISPUTES
32) If we receive a complaint from you, we will follow our complaints handling procedure
which can be found on our website at www.Motorlogic.co.uk/customerservices/complaints-handling-procedure
and is available from us on request. Financial
services complaints we cannot settle may be referred to the Financial Ombudsman Service.
This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300
123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at
complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service,
Exchange Tower, London E14 9SR. Whilst acting as a consumer, if a non-financial services
related dispute arises that cannot be resolved between us within a reasonable timescale,
you may refer the dispute to the free independent advisory and conciliation service operated
by The Motor Ombudsman, the government-backed, self-regulatory body for the motor
industry. For details of this service you can call their dedicated Consumer Advice Line on
0343 241 3008, submit an enquiry or complaint via the website
www.themotorombudsman.org or write to The Motor Ombudsman, 71 Great Peter Street,
London, SW 1P 2BN.
PERSONAL DATA
33) We may use the personal data you give us to tell you about our products and services by
post, telephone, SMS or email, for market research purposes and to track sales. Further
details on our processing of personal data can be found in our Customer Privacy Notice
(“Privacy Notice”). You can obtain a copy of our Privacy Notice at our dealerships or online
Motorlogic
7a Flint Road, Letchworth Garden City, SG6 1HJ, United Kingdom
Copyright © 2024 Motorlogic - All Rights Reserved.
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