Where these terms refer to us, we the company or seller we mean R I Griffiths and L Griffiths Wrexham Tyres and Garage Services of Unit 2 Felin Puleston, Ruabon Road, Wrexham.
Where these terms refer to you, the purchaser, the buyer or customer we mean any individual, firm, partnership or an incorporated body or company, seeking to have work undertaken and/or component supply. Unless specified otherwise, this term shall include both trade and consumer buyers.
Work and materials, component installation, service or repair shall mean all actions agreed to be taken by the company for the benefit of the customer in order to complete the contract and shall include the supply of goods and the provision of a service being that of installation.
Nothing within this agreement shall operate to affect the rights of the consumer. In respect of a trade customer (being a firm or sole trader, partnership or body corporate), the rights conferred by the Sale of Goods Act 1979 (as amended) shall be excluded to the fullest extent permitted by English Law and no liability in respect of quality, description or fitness for purpose shall apply. In addition, the company excludes rights conferred by virtue of the Supply of Goods and Services Act 1982 (as amended) to the fullest extent permitted by law in respect of trade purchasers. It is further agreed that the trade customer is better situated to provide insurance cover in respect of delays or other failures. In addition, the company excludes all liability in respect of loss of earnings or profits, deterioration or other damage resulting from such delays and/or failures.
Contracts for service and repair are not conducted by means of distance, communication and therefore rights arising by virtue of the Distance Selling Regulations do not apply.
Details of requested works are written overleaf and derived entirely from the purchasers’ statements/requests. Any inaccuracy in the description is therefore entirely due to the purchasers’ statements/requests. Whilst works are being undertaken, notes are made of defects or faults found which are unconnected or unauthorized by the purchaser. No liability for such defects shall lie with the Company in respect of defects unconnected or advised defects.
Buyers are reminded that pre-MOT testing of diesel and petrol vehicles requires the vehicles’ engine speed to be increased considerably for emissions testing. As this is part of the MOT test, no liability can be accepted for any damage to engines caused by such actions.
In respect of exhaust replacement, the company put the buyer on notice that failure of manifold bolts/studs shall not be the responsibility of the seller, such being attributable to wear and entirely the responsibility of the buyer. Additionally, the buyer should note that where manifold bolts/studs do fail, replacement thereof shall be chargeable in addition to the price given.
Where purchasers agree with the company for servicing to be undertaken, such servicing shall be in accordance with the servicing schedule issued by this company and may not be in accordance with the vehicle manufacturers own specification. Where the company stamps your servicing book, this shall merely be an indication that a service has been undertaken in accordance with our servicing schedule.
Diagnosis of any defects is undertaken by the Company by way of visual inspection only and no parts or components are removed. No liability for inaccuracy shall be accepted in respect of misdiagnosis.
Estimates for works agreed shall be variable within reason and the company undertake to contact any customer where practicable if the estimated price increases due to unforeseen circumstances prior to such additional work being undertaken. Telephone clearance will be attempted prior to additional works being undertaken.
All customers agree to inform the company of any alleged defects or faults and further to allow the company to inspect any alleged defect with materials and/or workmanship, affect a repair or carry out investigations prior to the customer incurring any third party expense.
Cancellations of orders will not be accepted without payment of 20% of the estimated price by the purchaser. Where parts have been ordered or stocked, any purported cancellation shall incur 40% cancellation costs and/or the losses directly or indirectly suffered by the Company, such being entirely at the discretion of the Company.
All estimates and quotations are valid for a period of one month from the date of issue.
The company undertakes to guarantee all replacement parts for the period that is specified by the manufacturer or UK importer only and no other warranty or guarantee is given. Any guarantee shall operate from the date of installation against defective manufacture but shall exclude liability for damage caused by external causes, abuse or general failure caused by neglect. No liability can be accepted by the company in respect of failures occurring to connected items such as bodywork, windscreens etc. Parts in contact with the replaced component will not be covered by the warranty supplied and no liability shall rest with this company for such failures. This will not affect the statutory rights of a consumer.
The buyer agrees that it is reasonable for the manufacturer to inspect failed or defective parts/products so that production methods may be improved.
The company accepts no liability in respect of hire changes, recovery costs, wear and tear, abuse or neglect or general failures. Further, no liability will be accepted for a trade customer’s financial loss, loss of profit or loss of business.
No rights shall be conferred upon any third party whether by virtue of the Contract Rights of Third Parties Act or otherwise and all guarantees and statutory rights shall apply to the purchaser only with no assignment being acceptable.
Lien / Payment Terms
Payment terms are immediately upon completion of works unless otherwise agreed. Trade customers with credit terms are reminded that payment is due within the period agreed and that default interest shall be charged upon accounts in default of this clause at the rate of 2% above the HSBC Bank PLC base rate or, alternatively, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
The company exercises a lien upon the customers’ vehicle and/or goods until such time as the customers’ payment is cleared into the companies account, unless a contrary arrangement has been reached.
The company agree to insure the customers’ vehicle against loss whilst the vehicle is in the control of the company. Customers must ensure that all personal effects are removed from the vehicle prior to delivery to the company. All insurance cover ceases upon expiry of 24 hours’ notice that work is complete and the vehicle is available for collection. Insurance cover will continue if storage charges have been agreed.
Time / Jurisdiction
Time will not be of the essence unless otherwise agreed and stated within this agreement or overleaf. Times shall otherwise be approximate and shall not bind the company unless agreed. Where the customer purports to make time of the essence it is agreed that 21 days shall be a reasonable time, save in circumstances where parts are unavailable.
Exchange units must be serviceable and the customer agrees to underwrite and immediately settle any shortfall or excess charge levied as a direct result of a unit not being serviceable unless such results from this companies failure to take care in handling or storing the said unit.
This agreement shall be governed by English Law and industry custom and practice.