TERMS OF BUSINESS PJE AUTOMOTIVE LTD SALES OF PARTS AND SUPPLY OF SERVICES (SERVICING AND MAINTENANCE)

‘Customer’ means the customer whose details are on the invoice.

‘Goods’ or ‘Parts’ means the parts, accessories or consumables to be sold to the Customer and which are  the subject matter of the contract governed by the terms of business.

‘Service’ means the repair, maintenance or servicing to be carried out by PJE Automotive Ltd for the Customer.

 

  1. The sale of goods and/or the provision of services by PJE Automotive Ltd to the customer shall be governed by these terms of business. No employee or agent has the authority of PJE Automotive Ltd to vary these terms, which may only be varied by agreement in writing.
  2.  

    Sales of Parts

     

  3. PJE Automotive Ltd shall endeavour to deliver a part by the estimated delivery date but it does not guarantee to do so and time shall not be of the essence. PJE Automotive Ltd shall be entitled to cancel an order by notice which may be given verbally if the manufacturer ceases to make or provide the part. If as a consequence of matters outside of PJE Automotive Ltd control, the part is not available for the customer within 14 days of estimated date, the customer or PJE Automotive Ltd shall be entitled to cancel the order. PJE Automotive Ltd shall not be liable for any losses howsoever arising, nor for any kind of damages arising from its failure to deliver a part within a specified time. There shall be no obligation on PJE Automotive Ltd to satisfy orders in any particular sequence.
  4. These terms shall incorporate and terms and conditions lawfully imposed by the manufacture or concessionaire in connection with the sale or resale of a part and PJE Automotive Ltd shall not be liable for anything done in compliance with such terms. PJE Automotive Ltd will endeavour to obtain for the benefit of the customer any warranty or guarantee given by the manufacturer or supplier of the part.
  5. In the event that the customer does not collect a part within 7 days of being notified that it is ready for collection, PJE Automotive Ltd shall be entitled to treat the contract as repudiated by the customer and any deposit paid may be retained by PJE Automotive Ltd which shall be without prejudice to PJE Automotive Ltd rights to recover damages against the customer for losses or expenses incurred as a consequence of the repudiation of the contract by the customer.
  6. If PJE Automotive Ltd supplies parts which are not in accordance with the customer’s order the customer may return those parts to PJE Automotive Ltd and will receive a full refund of any sums paid , provided those parts are returned within seven days of delivery to the customer and they are unused and undamaged and still in the same condition as when delivered to the customer . PJE Automotive Ltd shall accept parts returned by a customer which are in accordance with the customer’s order but may at its option levy a charge equal to 25% of the price of those parts and the cost of returning those parts to PJE Automotive Ltd shall be borne by the customer.
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    Servicing

     

  8. PJE Automotive Ltd shall not be obliged to accept instructions to carry out work to a vehicle even if it has given a quotation for such work . A quotation shall only be effective for 28 days and may be revised if the cost to PJE Automotive Ltd of parts has increased prior to accepting instructions to carry out the work.
  9. If no price is agreed in advance with the customer or if only part of the work is carried out then PJE Automotive Ltd shall be entitled to charge a reasonable sum for the parts fitted and the work carried out (including work done in investigating what is required and reassembly).
  10. Ownership of  any parts removed by PJE Automotive Ltd(for example if  they are replaced or past their useful working life) shall pass to PJE Automotive Ltd and shall be disposed of as PJE Automotive Ltd sees fit unless the customer advises PJE Automotive Ltd in advance that it wishes to retain those  parts.
  11. If in PJE Automotive Ltd opinion it is not reasonably practical to carry out work it has been instructed to do , PJE Automotive Ltd may decline to carry out such work  or to carry out only such work is considers to be practical. PJE Automotive Ltd shall be entitled to charge a reasonable sum for the parts fitted and works carried out (including reassembly) in such circumstances.
  12. PJE Automotive Ltd shall endeavour to carry out the work by the estimated date for completion, but it does not guarantee to do so and time shall not be of the essence,  PJE Automotive Ltd shall not be liable for delays beyond its reasonable control.
  13. Provided that PJE Automotive Ltd are notified within either twelve months, or if sooner and before the vehicle has travelled 12000 miles from the date on which the work is completed. Work undertaken by  PJE Automotive Ltd is warranted against failure due to defective workmanship for a period of twelve months from the date of repair or until the vehicle has travelled 12000 miles, which ever shall occur first.
  14. Unless PJE Automotive Ltd otherwise agrees, all sums payable to PJE Automotive Ltd shall be paid in cleared funds, PJE Automotive Ltd shall not be obliged to permit the customer to take possession of the vehicle until all sums owed to PJE Automotive Ltd have been paid in cleared funds. PJE Automotive Ltd shall have a general lien over the vehicle and its contents until all sums owed to PJE Automotive Ltd have been paid in cleared funds. If all sums owed to PJE Automotive Ltd by the customer have not been paid within 1 month , ownership of the vehicle shall pass to PJE Automotive Ltd and PJE Automotive Ltd may sell the vehicle for a fair trade price and may settle any sums due to PJE Automotive Ltd from the proceeds and shall return the balance if any to the customer.
  15. The customer shall collect the vehicle within three days of being advised by PJE Automotive Ltd that it is ready for collection. If the customer is in breach of this obligation , PJE Automotive Ltd may without prejudice to any other remedy which may be available to it charge the customer garage rent at £25.00 + vat per day.
  16.  

    General Terms which apply to Sales of vehicles, the sales of parts and the servicing of vehicles.

     

  17. Risk of damage to or loss of goods to be sold to the customer shall pass on to the customer, notwithstanding delivery and passing of risk in the goods to the customer to the property in any goods to be supplied to the customer shall not pass until PJE Automotive Ltd has received cleared payment in full of the price goods. Until such time as the property in the goods has passed to the customer, PJE Automotive Ltd may at any time require the customer to deliver up to the goods to PJE Automotive Ltd and enter any property of the customer or of any third party where the goods are located and repossess the goods.
  18. Any notice to be given to the customer may be sent by post to his last known address and any notice to PJE Automotive Ltd may be sent to the registered office and shall be deemed to have been received 48 hours after posting.
  19. No person other than the customer of PJE Automotive Ltd shall be entitled to enforce any terms or right arising under these terms by virtue of the contract (rights of third parties) Act 1999.
  20. Except where the customer deals as a consumer within the meaning of the unfair terms in Consumer Contracts Regulations 1994 and in respect of death or personal injury caused by PJE Automotive Ltd negligence, PJE Automotive Ltd shall have no liability for any indirect special or consequential loss or damage which occurs as a consequence of a breach of its obligations under this agreement, or which arises as a consequence of the negligence of PJE Automotive Ltd its agents or employees.
  21. Subject as expressly provided in these terms and except where the customer is dealing as a consumer within the meaning of the Unfair CONTRACT Terms Act 1977 all warranties , conditions or other terms implied by the statute or common law. Are excluded to the fullest extent permitted by law. Where the customer is dealing as a consumer the statutory rights of the customer are not affected by these terms.
  22. PJE Automotive Ltd may provide services or contract to sell parts to the customer in circumstances where the customer anticipates that any sum due to PJE Automotive Ltd will be paid by an insurance company. In such circumstances PJE Automotive Ltd may assist the customer by seeking payment from the insurances company but the customer shall settle any outstanding amount to PJE Automotive Ltd immediately on request.