PARK LANE PRESTIGE LTD

 

Trading As

BAILEYS GARAGE
Unit 13 Bilton Industrial Estate
Lovelace Road
Bracknell
RG12 8YT

 

enquiries@baileysgarage.co.uk
Tel: 01344 882511
baileysgarage.co.uk

 

Terms & Conditions of Business

 

These terms and conditions shall apply to the repair and maintenance of motor vehicles by Park Lane Prestige Limited operating and trading as Baileys Garage (“the Garage”).

 

Definitions:

 

In these terms and conditions the following expressions shall have the following meanings:

 

“The Garage” means Park Lane Prestige Limited operating and trading as Baileys Garage of Unit 13 Bilton Industrial Estate Lovelace Road Bracknell RG12 8YT.

 

“The Customer” means any individual firm or corporate body requiring the services of the Garage.

 

“Work” means any services carried out by the Garage including but not limited to repairs, vehicle servicing and MOT’s.

 

“Price” means the fee payable for the work including all parts, labour, VAT and any additional charges and;

 

“Vehicle” means the Customer’s vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer or any such other vehicle as the Garage may have agreed to service or repair at the Customer’s request.

These terms and conditions will be binding between the Garage and the Customer upon the booking of any Work.

 

If you place an order for Work via the phone or internet you warrant that you are legally capable of entering into a contract that you are at least eighteen years of age and that you reside in the United Kingdom.

 

THE WORK

The Garage shall use its best and reasonable endeavours to give you an accurate timescale for the Work. If due to circumstances beyond our control, including the non-availability of parts or a delay in delivery, it will not be possible for the Work to be completed as arranged, we will contact you as is as reasonably possible to inform you accordingly.

If the Work cannot be undertaken on time as set out above, you may exercise your rights to cancel, subject as hereinafter provided.

The Garage will provide details of the cost of any work required before it is carried out and this shall be agreed upon by the Customer and the Garage prior to commencement of the Work.

During the course of the Work it may become evident that additional parts and/or labour may be required.  In this event, no additional Work will be carried out nor any parts ordered without the prior consent of the Customer having been obtained.  The Garage will inform you immediately and provide an estimate for the additional parts and labour necessary.

Once the Garage is in receipt of your vehicle’s keys and the Work is booked, this will be deemed as acceptance of the cost of the Work and acceptance of these Terms and Conditions.

If your vehicle requires special oils, long life/platinum spark plus or pollen filters during the service, these will be provided at an additional charge and we will inform you for the costs on the day of your service.

All parts to be used shall be new and shall be either of Manufacturer’s original equipment (OE) standard or those produced by a third party of OE standard.  If we deviate from this provision in any way, we will inform you of the reasons for such deviation and any effect this will have on your warranty and will require your express consent before the use of such parts occurs.

If any parts are replaced, the original parts will be made available to you for viewing and examination up to and including the time that you collect the Vehicle.  If you wish to remove the original parts from the Garage, we shall be entitled to charge a surcharge which will then be refunded on their return.  If you do not wish to inspect the parts, we will dispose of them following collection of the Vehicle.

The Garage shall use its best and reasonable endeavours to ensure that good care is taken of the Vehicle and any of the Customer’s possessions which may be inside it.  NOTWITHSTANDING THIS PROVISION the Garage shall not be held responsible for any loss or damage to the Vehicle or any such possessions and the Customer is advised to remove all possessions from the Vehicle prior to the commencement of the Work.  It is the Customer’s responsibility to check the condition of the Vehicle at the point of collection and to raise any concerns in respect of the condition of the Vehicle prior to removing it from the Garage following completion of the Work.

 

PAYMENT 

From the point at which the Garage start the Work on the Vehicle up until the point at which all sums due are paid in full in cleared funds, we shall have a general lien on the Vehicle and its contents for all sums due.

Following completion of the Work, the Garage shall issue an invoice to the Customer.  Such invoice can be paid in cash or by Bank Transfer (as long as such Bank Transfer is completed and funds are credited to the account of the Garage prior to collection of the Vehicle), or by Debit or Credit Card ONLY.   All sums shall be due immediately upon receipt of the relevant invoice.

Upon receipt of the payment in full in cleared funds for all the Work carried out, the Garage will return the Vehicle to you.   The invoice shall provide a comprehensive summary of all work done and shall provide full details of all parts and labour including the Price payable therefor.  All work carried out including any additional work, will be inclusive of VAT at the current rate at the time of payment being effected.

Any special order parts ordered in advance must be paid for in full prior to ordering and shall be non-returnable or refundable in any circumstances.  Such parts may also be subject to a 30% handling charge and this will be advised to the Customer in advance of any orders being placed,

The Garage shall be entitled to sell the Vehicle at the expense of the Customer in the event that sums remain unpaid following written notice to the Customer of twenty eight days, such notice to commence no earlier than 28 days following the date of the relevant invoice.

From the due date of payment until the taking of action set out herein, any outstanding sums shall incur interest on a daily basis at 4% above the Bank of England base lending rate from time to time until payment in full is made.

The Vehicle should be collected within one day of the Garage advising you that the Work is complete.  Any Vehicle not collected within this time will incur a storage charge of £25 per day plus VAT unless prior agreement has been made with the Director or Owner of the Garage in writing.

 

OUR WARRANTY 

In addition to your statutory rights, the Garage provide a Parts & Labour Warranty for a period of 12 months (or within 12,000 miles, whichever is the sooner) for parts which are replaced by the Garage and become defective within this time or distance and any related workmanship.

Certain products will be excluded from the Warranty and the Garage will inform you of this on the booking of the Work.

 

Any Warranty given is dependent upon:

  1. the Garage being given an opportunity to investigate and rectify any faults within a reasonable timeframe and such Warranty shall cease to exist if such an opportunity is not given

  2. the Manufacturer’s vehicle operating instructions being followed

  3. having the Vehicle serviced or otherwise maintained according to the manufacturer’s recommended schedule (at the time or distance specified and with original equipment (OE) specification parts and filters, carried out by a VAT registered garage with invoice in support)

  4. full compliance with all advisories, warnings and information or any instructions provided by the Garage either in writing or verbally

  5. the parts or workmanship carried out not being subjected to abnormal conditions or unreasonable wear and tear

 

The warranties on certain parts may vary due to their original Manufacturer’s warranty conditions.  The Customer will be informed of this in writing.

Any Warranty granted by the Garage applies directly to the Vehicle.  If the Customer sells or otherwise transfers the ownership of the Vehicle to another party, that party shall remain entitled to the benefit of the Warranty for the remainder of the Warranty Period subject to the terms hereinbefore cited.

 

CUSTOMER SUPPLIED PARTS

The Garage will not warrant or be held responsible for any parts supplied by the Customer, whether new or used.  Should such parts cause any damage to the Vehicle, the Garage shall be entitled to charge for any costs incurred, including any labour for their installation and/or removal and will not be held responsible for any consequential loss or damage whatsoever.

 

EXISTING VEHICLE WARRANTIES

If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust/corrosion warranty at the time of the Work, the Garage shall ensure that all work is carried out in accordance with the terms of those warranties.

If additional cost will be incurred by such conformity, the Customer will be informed of alternatives and will have the consequences of such alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties) explained to them in full.  The Customer’s decision shall be final.

The Garage shall obtain the consent of any warranty provider (whether that is the Manufacturer or a third party organisation) prior to the commencement of any work covered by that warranty.

The Garage shall not be responsible for any failure to comply with any warranties where the Customer has not made the Garage aware of the same in advance of the work being carried out.

 

INSURANCE CLAIMS

If the Work to be undertaken on the Vehicle is the subject of an insurance claim, you the Customer (or the policyholder if they are not the same person) may be required to sign documents required by the insurer to authorise payment to the Garage for the Work.

The Garage shall not be responsible for any delays in completing the Work and/or returning the Vehicle to the Customer where such delays arise out of the actions of the insurer including, but not limited to, the withholding of payment.

 

CANCELLATION

The Customer has the right to cancel the Work at any time subject to the following provisions:-

  1. If the Work has commenced, the Customer will be required to pay for all labour and parts used up until the point of cancellation and shall be invoiced for the same.  The provisions as detailed under the PAYMENT section herein shall apply to the payment of any such invoice.

  2. Any parts ordered and paid for in advance of the Work will be non-refundable in any circumstances

  3. Notwithstanding any payment the Customer may make for parts, those parts shall remain the property of the Garage and the Garage shall remain at liberty to use them or dispose of them as the Garage sees fit until the Garage has received payment in full for the Work carried out to the point of cancellation taking place

 

INSURANCE & LIABILITIES

The Garage shall have in place at all times suitable and valid insurance which shall include public liability insurance.

The Garage’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions shall be limited to the extent of this insurance.  The Garage shall, under no circumstances, be liable for any consequential loss or damage whatsoever.

The Garage is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions or recommendations given by the Garage or by the Manufacturer of the Vehicle.

The Garage is not liable for any loss or damage suffered by the Customer from the storage of the Vehicle and/or the Vehicle’s contents at the Garage’s premises.

Nothing in these terms and conditions shall limit the Garage’s liability for death or personal injury arising out of any breach on the part of the Garage of its obligations hereunder.

The Garage shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of any breach on the part of the Garage of these terms and conditions.

The Customer shall indemnify the Garage against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these terms and conditions.

 

SUB-CONTRACTING

The Garage shall be free to sub-contract any of its obligations under these terms and conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer as a result of such sub-letting without the Customer’s prior authorisation

 

COMPLAINTS PROCEDURE

Any complaint with respect to the Work carried out by the Garage must be made in writing to the Owner or a Director of the Garage within 28 days of the Work being completed

The Customer shall give the Garage the opportunity to investigate or resolve any issues BEFORE corresponding with any other party.

The Garage will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with the Garage until this investigation has been carried out.

The Garage will contact the Customer within 10 working days of receipt of the complaint to acknowledge receipt of such complaint.  The Garage will then endeavour to resolve all disputes amicably and professionally within a further 15 working days.   Should the dispute take longer, the Garage will notify the Customer accordingly.

After the investigation, should the Customer wish to escalate the complaint, the Customer has the right to contact the Retail Motor Industry Federation or alternatively, the Independent Garage Association (IGA).

 

CONSUMER RIGHTS

Nothing in these terms and conditions shall affect the Customer’s statutory rights as a consumer, including those arising out of The Supply of Goods and Services Act 1982 or any amendments thereto.  For more information about your statutory rights, the Customer should contact the Citizens Advice Bureau.

 

ABUSE

The Garage will not tolerate any abusive behaviour, language or threats to any staff or other customers, whether in person, at the telephone, in writing or indeed, via social media.  Anyone behaving in this manner on the premises will be asked to leave and the police will be contacted if required.

  

DATA PROTECTION

The Garage will retain the Customer’s details and hold them on a secure database for the purpose of sending appointment and MOT reminders, as appropriate.  If you as the Customer wish to be removed from the database at any time, please write to the Garage to advise of such request.

Subject to any exceptions as may be detailed herein, the Garage will not share any personal data with any third parties for any reasons without prior express consent having been obtained.   Such data will only be collected, processed and held in accordance with the rights conferred and obligations arising under the provision and principles of the Data Protection Act 1988 and any amendment, alteration or re-enactment of it.

The Garage reserves the right to pass on any personal information provided by the Customer to relevant authorities including but not limited to the DVLA and the police. 

In the event that the Customer is in breach of any of these terms and conditions, the Garage may also pass on any such information to credit reference agencies and debt recovery agencies as may prove necessary.

 

NO WAIVER

No failure by the Garage or the Customer to enforce the performance of any provisions in these terms and conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these terms and conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

 

SEVERANCE

If any provision of these terms and conditions shall be 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 thereby.

 

FORCE MAJEURE

Neither party to these terms and conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes shall include but are not limited to; lack of availability of parts, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

LAW AND JURISDICTION

These terms and conditions shall be governed by the laws of England and Wales.

Any dispute between the parties relating to these terms and conditions shall fall within the jurisdiction of the courts.