TLR CARCOM LTD T/A TLR GROUP – TERMS AND CONDITIONS
NOTHING CONTAINED IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
1. Definitions and Interpretation
1.1 In these terms unless the context requires otherwise:
(a) ‘Company’ means TLR Carcom Ltd T/A TLR Grou
(b) ‘Customer’ means the person, firm or Company at whose request the work is done or the goods supplied.
(c) ‘Vehicle’ means a vehicle delivered to the Company as bailee upon which the Customer has requested the Company to perform work, provide an estimate of work or store on their behalf.
(d) ‘Manufacturer’ means in respect of a Vehicle, the manufacturer of the Vehicle of that type.
(e) ‘Completion’ means in the case of the contract for work, the date the Company’s notice to the Customer that work has been completed.
(f) ‘Goods’ means any goods or replacement therefore supplied by the Company under the Contract.
(g) ‘Order’ means the order set out overleaf for work to be done or Goods to be supplied.
(h) ‘Contract’ means the contract upon these terms for the supply of Goods and/or performance of work.
(i) ‘Work’ means any work performed on a Vehicle at the Customer’s request whether by way of repairs, servicing, fitting or otherwise.
1.2 These terms constitute the only terms of the Contract and no amendment or additional hereto shall be effective unless agreed in writing by an authorised representative of the Company.
1.3 Headings in these terms are for convenience only and shall not affect the construction of those terms, the masculine shall include all genders and the singular shall include the plural, any reference to such statutory provision as amended or re-enacted from time to time.
2. Formation of Contract
2.1 The Customer’s request (or that of his insurance company) to the Company to carry out work or supply is an offer to enter into a contract upon these terms. Acceptance occurs and the Contract is formed by either:
(a) the Company accepting delivery of the Vehicle at its premises
(b) the Company issuing to the purchaser an acknowledgement copy of the quotation
2.2 The Contract is personal to the Customer and the Customer shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Company.
3.1 Any quotation given by the Company is a considered approximation of the likely costs of Work and Goods. Quotations do not constitute an offer by the Company and are valid for 14 days from the date stated there
3.2 If the Customer deposits a Vehicle with the Company for the purpose of an estimate and does not either give instructions for the carrying out of the Work or collect the Vehicle within 2 days from the date of the estimate the Company shall be entitled either to store the Vehicle itself or have it stored by third parties (as the Company may in its absolute discretion think fit) and to charge the Customer with the cost of such storage for the period from the 3rd day after the date of the estimate until the Customer collects the Vehicle. The Customer shall be deemed to have given instructions to the Company for the storage of the Vehicle for such period and the Company shall be consulted a bailee for reward and obtain a lien against the Vehicle for its reasonable storage charges during such a period. Such storage charges shall be made before the vehicle may be removed from the premises at which it is being stored.
3.3 Unless otherwise agreed in writing by an authorised representative of the Company if, during the progress of the Work it appears that the estimated costs will be exceeded by a significant amount, the Company will cease performing Work and notify the Customer of the anticipated cost and will not resume performance of Work until it receives the Customer’s express permission (which need not be in writing).
4. Prices and Variation
4.1 Prices of goods stated in any Quotation are based on prices current at the date of the Quotation.
4.2 The Company reserves the right to vary the price of Work or Goods by any amount attributable to a change in the Customer’s instructions or any variation in the cost to the Company of goods, materials, or labour required for the performance of the Contract and taxes or any other costs whatsoever between the date of the Contract and the date of Completion or payment (whichever is the later).
4.3 The Contract may not be varied without the express consent of an authorised representative of the Company. Any variations so agreed shall not constitute a new contract but shall be deemed to be an amendment of this Contract.
Dates given for Completion of Work or delivery of Goods are estimates only. Time is not of the essence of the Contract. The Company will use reasonable endeavours to perform Work or supply Goods within the time (if any) specified to the Customer. The Customer shall not be entitled to reject Work or Goods completed or delivered later than the estimated date. The Company may suspend or delay delivery and shall not be liable for any loss, damage or delay occasioned by the failure to deliver Goods or complete Work on the estimated delivery date.
6. Completion and Payment
6.1 Upon completion of the Work the Company shall advise the Customer that the Vehicle is ready for collection. Following Completion, the Customer shall be obliged to pay for Work and collect the Vehicle. The Customer will pay the Company for all Work done and Goods supplied and any storage charges before the Vehicle may be removed from the Company’s premises.
6.2 If the Customer shall fail to collect the Vehicle within 2 days after Completion the Company shall be entitled to store the Vehicle itself or have it stored by third parties (as the Company in its absolute discretion may think fit) and to charge the Customer with the cost of such storage for the period from the third day after Completion until the Vehicle is either collected or sold pursuant to Clause 6.6 below. Such storage charges shall be added to and form part of the Contract price. The Customer shall be deemed to have given instructions to the Company for the storage of the Vehicle for such period and the Company shall be consulted as bailee for reward and obtain a lien against the Vehicle for its reasonable storage charges during such period.
6.3 Exclusions to Condition 6.2 are (a) recovered accident / fire damaged vehicles, (b) recovered stolen vehicles and (c) recovered broken-down vehicles that require storage only. Such vehicles incur storage charges from the first day of acceptance to the Company’s premises. Payment of recovery and storage charges must either be paid in full by the Customer or payment authorised in writing by the Customer’s insurance company or breakdown association before the Vehicle may be removed from the Company’s premises. Such authorisation will be accepted at the Company’s discretion.
6.4 If the Customer is in breach of any obligation hereunder to take delivery of the Vehicle, the Company may serve on the Customer pursuant to the Torts (Interference with Goods) Act 1977 of its intention to sell the Vehicle. Upon any such sales the Company shall pay the balance of the proceeds of sale to the Customer, after the deduction of all monies due to the Company, interest on overdue accounts, and all costs of sale.
6.5 Interest will be charged on all sums due under or by way of damages for breach of the Contract at the rate and accrue on a day to day basis from the date on which payment fell due until payment (whether made before or after judgement has been obtained by the Company against the Customer).
6.6 The Company may at any time in its absolute discretion appropriate any payment by the Customer in respect of Work or Goods to such outstanding debt as the Company think fit notwithstanding purported appropriation to the contrary by the Customer.
6.7 The Company reserves the right at any time at its discretion to demand security for payment before continuing performance of Work.
6.8 VAT will be charged on the price at the rate ruling at the time of delivery of the Goods for Completion or (if different) the basic tax point (as defined in regulations governing VAT from time to time in force).
6.9 Any parts removed will be available for inspection for a period of 24 hours following completion of the repair. Any replaced parts become the property of the Company to be disposed of as it deems fit.
7. Loss or Damage
7.1 The Company is only responsible for the loss or damage to any vehicle or its accessories or contents caused negligence of the Company or its employees.
7.2 The Customer is strongly advised before delivering the vehicle to the Company to remove from the Vehicle any items of property not related to the Vehicle. The Company shall not be liable for loss or damage to any such item.
The Company shall be entitled to appoint sub-contractors for the performance of its obligations under the Contract but shall be responsible for the quality of sub-contractor’s Work.
9. Health and Safety
9.1 Upon delivery of a Vehicle to the Company the Customer shall immediately inform the Company of any circumstances or matters known to him which render the Vehicle unsafe or in a hazardous condition.
9.2 The instructions for use, cautionary notes and other technical notices and information supplied to the Customer with the Goods have been prepared by the relevant manufacturer of the Goods. The Customer should read notices carefully. The Company shall not be liable for any loss or damages suffered by the Customer through the Customer’s failure to rad and comply with instructions specified in such notices.
10.1 In respect of any parts fitted to the Vehicle or supplied as goods the Company assigns to the Customer the benefit of any applicable Manufacturer’s warranty (if any).
10.2 The Company warrants Work free from defects for a period of 3 months from Completion or until the Vehicle following Completion has covered 3,000 miles (whichever occurs sooner) (the Warranty Period).
10.3 If within the Warranty Period material defects in the Work shall be discovered and:
(a) the Customer notifies the Company within 14 days after discovery giving particulars and returns the Vehicle to the Company’s premises to allow an inspection to be carried out, and
(b) such defect has arisen from faulty materials employed or Workmanship carried out by the Company then the Company shall remedy the defect and, if necessary, supply replacement parts, any replaced parts become the property of the Company to dispose of as it deems fit.
10.4 The Company’s liability for defective Work is limited in all circumstances to remedying the Work and supplying (where necessary) replacement parts, completion of such remedial Work shall constitute fulfilment of the Company’s obligations under the Contract.
10.5 The Company’s liability under the Condition applies only to defects appearing whilst the Vehicle has been used and driven in a proper manner and serviced in accordance with the Manufacturer’s recommendations and in particular (but without limitation) the Company shall not be liable in the case of defect arising out of normal deterioration, failure to follow Manufacturer’s instructions or improper or faulty handling of the Vehicles.
10.6 The warranties contained in this Clause are in addition to any statutory Company’s liability under Part 1 of the Consumer Protection Act 1988 or for death or personal injury resulting from its negligence as defined under Section 1 of the Unfair Contract Terms Act 1977.
11. Force Majeure
11.1 The Company shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control including (but without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock out. strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to produce parts or materials required for the performance of the Contract.
11.2 The Company shall notify the Customer as soon as reasonably practicable after circumstances preventing performance arise. During the continuance of such a contingency the Company may, within its absolute discretion, withhold, reduce or suspend performance of its contractual obligation so are as prevent or hindered by such contingency without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by reason of any such withholding, reduction or suspension.
11.3 Should any contingency continue for more than one month either party may cancel the Contract, subject to payment for any parts fitted and work done pursuant to the Contract the Customer may collect the Vehicle and the parties’ respective obligations under the Contract shall be deemed to be discharged.
12. No Waiver
No waiver of any of the Company’s rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Company. A waiver shall apply only to the specific circumstance I which it is give and shall be without prejudice to the enforcement of a Company’s right in relation in different circumstances or the recurrence of similar circumstances.
Any notice under these Conditions shall be properly given in writing and sent first class post, telex or facsimile to the address of the intended recipient as stated in the Contract or to such address as the Company and the Customer from time to time to each other as their respective addresses for service and shall be deemed served in the case of postal notice on the expiry of 48 hours from time of posting, in the case of telex on the recoding of the ‘answer back’ code on the sender’s machine and in the case of facsimile n the expiry of 15 minutes from completion of the transmission by the sender.
14. Construction and Jurisdiction
14.1 English Law shall govern construction and operation of the Contract and the Customer agrees to submit the non-exclusive jurisdiction of the English Courts.
14.2 Each of these Conditions and each paragraph hereof shall be construed as a separate Condition, should any provision hereof be found to be invalid or unenforceable or an unreasonable restriction of the Company’s liability then such provision shall apply with such modifications as may be necessary to make it valid and effective.