These Terms and Conditions shall apply to the repair and maintenance of motor vehicles by
Smallfield Autos (“the Garage”).
Definitions:
In these terms and conditions, the following expressions have the following meanings:
“The Garage” means us, Smallfield Autos, of The Workshops, Dels Yard, Plough Road, Smallfield, Surrey, RH6 9JN;
“The Customer” means you, 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;
“Price” means the fee payable for the Work including parts, labour, VAT and any additional
charges; and
“Vehicle” means the Customer’s vehicle which may be a car, van, motorhome, or light commercial vehicle.
These terms and conditions will be binding between the Garage and the Customer upon the
booking of any work.
If you place a booking for work via the phone, internet or in person you warrant that you are
legally capable of entering into a contract, you are at least 18 years old and you reside in the
UK.
THE WORK:
We shall use our best and reasonable endeavours to give you an accurate timescale for the
Work. If, due to circumstances beyond our control, including 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 soon as is reasonably possible to inform you accordingly.
If Work cannot be undertaken on time as set out above, you may exercise your right to
cancel but any other parts or time served (Labour) will still be chargeable.
We 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 is
required. In this event no additional Work will be carried out nor parts ordered without the
prior consent of the Customer. We will inform you immediately and provide an estimate for
the additional parts and labour.
Once we are 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.
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 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, we shall not be held responsible for any loss or damage to
such possessions and the Customer is advised to remove all possessions from the Vehicle
prior to the start of the Work.
PAYMENT
From the point at which we start 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, we shall issue an invoice to the Customer. This can be
paid in cash or by bank transfer, 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 any work carried out, we will return
the vehicle to you.
Our 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.
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.
We 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 30 days, such notice to
commence no earlier than 30 days following the date of the relevant invoice.
From the due date of payment until the taking of actions, any outstanding sums shall incur
interest on a daily basis at 2% above the Bank of England base rate from time to time until
payment in full is made.
Vehicles should be collected within 2 days of us informing you that the works are complete.
Vehicles not collected within this time will incur a storage charge of £25 per day plus VAT
unless prior agreement has been given in writing by a Director of the Company.
OUR WARRANTY
* Where Lifetime warranty applies, this will only be covered for manufacturers defects. In
addition to your Statutory Rights, we provide a Parts & Labour Warranty for a period of 12
months (or within 12,000 miles – whichever comes first) for parts which are replaced by us
and become defective within this time or distance, and any related workmanship.
Certain products will be excluded from the warranty if the vehicle has been altered from the
vehicle manufacturer’s product line or if the vehicle is being used for race or rally. It is the
Customers right to inform the Garage when making the booking of such changes to the
vehicle.
Any Warranty given is dependent upon: The Garage being given an opportunity to
investigate or rectify any faults within a reasonable timeframe.
The manufacturer’s vehicle operating instructions are being followed.
Full compliance with our advisories, warnings and information or any instructions provided
by us either in writing or verbally.
The parts or workmanship carried out not being subjected to abnormal conditions or
unreasonable wear and tear. The Garage will not be held responsible for any losses accrued
whilst the vehicle is under warranty repairs. It is the Customer’s responsibility to recover the
vehicle back to the Garage for any warranty repairs.
The warranties on certain parts may vary due to their original Manufacturers’ warranty
conditions. The Customer will be informed of this.
Any warranty granted by the Garage applies directly to the Customer. The warranty is NOT
transferable. If the Customer sells or otherwise transfers the ownership of the Vehicle to
another party, that party shall NOT be entitled to make any claim to the Garage against
Warranty.
CUSTOMER SUPPLIED PARTS
We 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, we 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, we 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.
We 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.
We 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 any work being carried
Out.
INSURANCE CLAIMS
If the Work to be carried out on the Vehicle is the subject of an insurance claim, you (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.
We shall not be responsible for any delays in completing the Work and / or returning the
Vehicle to you where such delays arise out of the actions of the insurer including, but not
limited to, the withholding of payment.
COURTESY CAR
We do not currently offer a courtesy car.
CANCELLATION
The Customer has the right to cancel the work at any time, subject to the provisions below.
If 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.
Any parts ordered and paid for in advance will be non-refundable in any circumstances.
Notwithstanding any payment the Customer may make for parts, those parts shall remain
the property of the Garage and we shall remain at liberty to use them or dispose of them as
we see fit until we have received payment in full.
If the Customer has been provided with a courtesy car it must be returned to the Garage
immediately upon cancellation.
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. We
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.
The Garage is not liable for any loss or damage suffered by the Customer from the storage
of its vehicle or the vehicle’s contents at the Company’s premises.
Nothing in these Terms and Conditions shall limit the Garage’s liability for death or personal
injury.
The Garage shall indemnify the Customer against any costs, liability, damages, loss, claims or
proceedings arising out of the Garage’s carrying out of the Work or any breach 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.
COMPLAINTS PROCEDURE
Any complaint with respect to any work carried out by us must be made in writing to a
Director of the Company within 28 days of the work being completed.
The Customer shall give the Company the opportunity to investigate or resolve any issues
before corresponding with any other party. We will not be liable for resolving any mistakes,
issues or problems unless all correspondence remains with us until this investigation has
been carried out.
We will contact you within 10 working days of receipt of the complaint to confirm receipt.
We will then endeavour to resolve all disputes amicably and professionally within a further
15 working days. Should the dispute take longer, we will notify you accordingly.
After the investigation, should you wish to escalate the complaint, you have the right to
contact the Motor Codes’ Code Advisory and Conciliation Service.
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, please contact the
Citizens’ Advice Bureau.
ABUSE
We will not tolerate any abusive behaviour, language or threats to any staff or other
customers, whether in person, on the telephone or in writing. Anyone behaving in this
manner on the premises will be asked to leave and the police will be contacted if required.
DATA PROTECTION
We will retain your details and hold them on a secure database for the purpose of direct
marketing. If you wish to be removed from our database, please write to us to let us know.
We will not share your personal data with any third parties for any reasons without your
prior consent. Such data will only be collected, processed and held in accordance with our
rights and obligations arising under the provisions and principles of the Data Protection Act
1998.
We have 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 these Terms and Conditions, we may also pass on any such
information to credit reference agencies and debt recovery agencies.
NO WAIVER
No failure by either the Garage or the Customer to enforce the performance of any
provision 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 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
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 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 of England and Wales.