Terms of business for Absolute BM Ltd
1.1 We, Absolute BM Limited, the Company, accept vehicles for the purpose of providing services to you, the Customer. Services include but are not limited to: repairs, inspection, estimating repair costs or any other purpose outlined by the Customer. The provision of such services is subject to the following Terms and Conditions.
1.2 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
1.3 The expression ‘vehicle’, wherever used in these Conditions, includes car, lorry, van, trailer, caravan, invalid carriage, and cycle and as a separate unit or otherwise, engine, axle, gearbox, clutch, alternator, starter, battery, and each and every component of a vehicle.
Acceptance of these terms and conditions
2.1 Any agreement made between the Customer and the Company for work to be carried out will be deemed acceptance of these terms and conditions in full.
2.2 Any variation agreed between the Company and the Customer regarding the Goods or Services to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
2.3 All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
3.1 The customer acknowledges that the Company has a legal lien upon any vehicle(s) left with the Company for the supply of goods and services for all monies due from the Customer on any account.
Orders and estimates
4.1 Estimates provided upon inspection of the vehicle including a quotation of parts cost are valid for seven calendar days. The Customer accepts that the actual cost may vary slightly from the original estimate of which the Company has no control. If the variation is substantial, a new estimate may be provided for acceptance by the Customer.
4.2 Variations to the estimate, the work, and the prices chargeable shall be subject to all these terms and conditions. Any such variation shall not be deemed to constitute or create a new or separate contract.
4.3 The Company is entitled to charge a reasonable price for the inspection of the vehicle even if the Customer chooses not to go ahead with the work.
4.4 The Company reserves the right to refuse to carry out any work.
4.5 Orders received, for Goods and/or Services, from any driver employed by the Customer or by any person who is reasonably believed to be acting as the Customer’s agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be binding upon the Customer.
4.6 The Company may request a deposit before commencing any work. The Customer shall co-operate with the Company in all matters relating to the Goods and/or Services.
Provision of Goods and/or services
5.1 Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer's risk. The Company shall in no circumstances be liable for loss unless caused by the negligence or default of the Company, its employees or agents.
5.2 Unless otherwise stated, all work undertaken is carried out in accordance with the manufacturer’s schedule.
5.3 The Company and its employees and agents are expressly authorised to use the Customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company endeavours to take reasonable care of the vehicle and to provide legally required insurance for the vehicle. The Customer must ensure the vehicle is taxed.
5.4 Should any additional work or materials be found necessary during the work or subsequent testing, an extra charge may be necessary. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
5.5 All parts removed by the Company in the course of the repair, if not claimed by the Customer within seven days after the completion of the repair, will become Absolute BMs property.
Special order parts
6.1 Full advance payment is required for special-order parts for the Customer’s vehicle. All special-order parts correctly supplied and of satisfactory quality will not be accepted for refund.
7.1 Every determination will be made by the Company to ensure the estimated time given to Customer is the time of completion. This excludes circumstances out of Company control such as, but not limited to, any needed vehicle components not available or any investigations which uncover further work needing to be undertaken by the Company.
Collection or delivery
8.1 Unless otherwise agreed in writing the collection of the vehicle shall take place at the Company premises.
8.2 If the Customer appoints another individual to collect the vehicle on their behalf, the vehicle will not be released unless a prior agreement has been made in writing.
8.3 The Customer agrees to collect at a time suitable for the Company and not out of business hours unless this has been agreed in writing prior to the collection of the vehicle.
8.4 Absolute BM will give the Customer four reminders to collect the vehicle. Any vehicle not collected by the Customer within one calendar month of the completion of the work, and where payment is past due, may be sold by the company to recover any outstanding invoices. Any balance shall be paid by the Company to the Customer on demand.
8.5 Before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so. Notice shall be sent by recorded ‘signed for’ first class post to the last known address held for the Customer.
9.1 Payment in full for all Goods and/or Services supplied is due upon completion of work. The goods and/or Services is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection.
Where payment is not received in full, Absolute BM reserve the right to charge interest on outstanding balances at 8% above the Bank of England base rate.
9.2 All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services. Cheques will not be accepted.
10.1 The Company reserves the right to charge £30.00 per day for the storage of any vehicle not collected within 48 hours of being advised of completion of work unless a prior agreement has been made between the Company and the Customer regarding collection.
Limitation of Liability
11.1 Where the Customer is not a Consumer, all statements, conditions or warranties as to the quality of the Goods or their fitness for purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
11.2 Where the Customer is not a Consumer, all statements, conditions or warranties as to performing the Service to a reasonable standard of care whether expressed or implied by law or otherwise are hereby expressly excluded.
Data Collection and storage
13.1 In the event of a complaint or dispute of any kind the Customer should follow the Company complaints handling procedure.
Warranties and defects
14.1 The Company assigns to the Customer, the benefits of any applicable manufacturer's warranty for parts fitted to a vehicle by the Company.
14.2 In the event of faulty goods, the Company will correct all faults in goods or services carried out by the Company and occurring by reason of the Company's default or negligence and shown to be such to the Company's satisfaction.
14.3 The Company will not warrant or accept any responsibility for any parts supplied by the Customer.
14.4 The Company's obligations under the contract shall be mitigated or removed if any defect is caused or worsened by a failure to notify the Company of the defect or allow the opportunity to rectify.
14.5 Installation of a part on the vehicle not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company or subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports will invalidate any warranty.
14.6 Failure to adhere to maintenance instructions or failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company will invalidate any warranty.
14.7 In the event of a potential claim, the Customer should notify the Company immediately whereupon the defect will be assessed by the Company. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company.
15.1 Where the Customer is acting as a Consumer, nothing in this contract is intended to exclude or limit the Customer's statutory rights.
Insolvency of Customer
16.1 If the Customer shall become bankrupt, insolvent or enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and have no further obligation under the contract. The price for all the services rendered and goods supplied shall immediately become payable.
17.1 The Customer has the right to cancel the work at any time, providing the required provisions have been met.
17.2 If work has commenced, the Customer will be required to pay for all labour and parts used up until the point of cancellation plus any reassembly if required and shall be invoiced for the same.
18.1 Under no circumstances will the Company accept liability for loss or damage outside its control, for any indirect loss, loss of work, consequential loss, loss of profits, loss of business, loss of use or any special loss.
18.2 No alteration of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company by a Director or a duly authorised officer. No other person has the authority to alter in any way these printed conditions or to enter into any contract for repair for any of the purposes set out in this document on behalf of the Company otherwise than on such conditions.
18.3 If the Company’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
18.4 The Customer shall be liable to pay to the Company, on-demand, all reasonable costs, charges or losses sustained or incurred by the Company arising directly or indirectly from the Customer’s fraud, negligence or failure to perform or delay in the performance of any of its obligations under the terms and conditions.
18.5 The Company shall have no liability to the Customer under the terms and conditions if it is prevented or delayed performing, its obligations under the terms and conditions or from carrying on its business by any event beyond its reasonable control, including without limitation: strikes, lockouts, or other industrial disputes, failure of a utility service or transport network, the act of God, pandemic, national or medical emergency, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction, accident, breakdown of plant machinery, fire, flood, storm or default of suppliers or subcontractors.
Date of last amendment: 17/04/20
Amended by: Abby Parry & Travis Warrillow