The title in any goods or services does not pass to the customer until all monies are received in full and cleared.
Nothing contained herein is designed to nor will it affect a customer’s statutory rights.
1. In these conditions “the Retailer” shall mean Faintree Garage Ltd (authorised by Skoda Importer, VOLKSWAGEN Group United Kingdom Limited T/A Skoda U.K. )(“the Importer”) to be an authorised Skoda retailer)
2. Where the retailer contracts to carry out any Skoda Standard Inspection Service or Diagnostic Operation by name the Retailers liability shall be limited to the performance of such work as may be prescribed from time to time by the manufacturer or the importer for the United Kingdom as coming within the scope of such operation.
3. All contracts with the Retailer shall be valid and binding only if made in writing upon the Retailers Workshop Instructions Form and shall be subject to these conditions of business and no other. A contract shall exist when and only the Retailers Workshop Instructions Form has been signed by or on behalf of the customer. No variation of any contract shall be valid unless agreed in writing and signed by or on behalf of the Customer and the Retailer.
4. The retailer and its servants and agents are expressly authorised by the Customer to use the vehicle or vehicles referred to overleaf on the highway and elsewhere for all purposes in connection with the Inspection Service and Repair thereof.
5. All monies due to the Retailer in respect of Inspection Service or Repair operations carried out on the vehicles referred to overleaf shall become payable when such operations are completed and the customer has been notified either overleaf or otherwise that the vehicles are ready for collection. Unless otherwise agreed all payments to the Retailer shall be made before the vehicles are released to the Customer and in cash or by debit / credit card. Not by cheque unless by special arrangement approved by a director of the retailer. All funds must be cleared before products (including vehicles) will be handed over to the customer.
6. The Customer acknowledges the Retailer to have a legal lien upon any vehicle left with the Retailer for Service Inspection or Repair and upon the fittings or contents thereof for all monies due to the Retailer from the customer on any account.
7. Subject to the provisions of the Unfair Contract Terms Act 1977 and any amendment thereof vehicles and the components fittings and contents of vehicle are left with the Retailer entirely at the Customer’s risk. The Retailer shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Retailer its servants agents or otherwise.
8. If after the date of any contract made subject to these conditions of business but before payment is made by the customer the recommended list prices of the Manufacturer or its United Kingdom importer for any work carried out or parts supplied shall rise, then the contract price shall rise accordingly notwithstanding the terms of any estimate or quotation the retailer may have given.
9. Except so far as liability may be placed upon the retailer by the Unfair Contract Terms Act 1977 or in respect of a vehicle subject to the Manufacturer’s Warranty or a replacement component fitted to a vehicle in the course of service or repair and similarly subject or by law no conditions or warranties are given or implied as to the quality of goods or services supplied by the retailer or their fitness for any particular purpose whether such purpose whether such purpose shall be known to the retailer or not.
The retailer will however without prejudice to its rights here under correct all faults in Inspection Service or repairs operations carried out by the Retailer and occurring by reason of the retailers default or negligence and shown to be such to the retailer’s reasonable satisfaction.
10. All agreements made between the retailer and the customer, or as provided by the Unfair Contract Terms Act 1977 or similar enacted legislation, Regulations and Directives, are personal to the customer who shall not assign his rights or liabilities under an agreement made subject to these conditions.
11. If in the retailers reasonable options ordered to be carried out by the customer cannot be carried out without the vehicle or any part thereof being washed or otherwise cleaned the cost of such washing or cleaned the cost of such washing or cleaning shall be chargeable to the customer as if the same had been specifically ordered by him.
12. If the customer shall become bankrupt or insolvent or make any arrangement with creditors or suffer a receiver of his effects to be appointed or being a body corporate enters into liquidation other than for the purpose of amalgamation or reconstruction the retailer shall have the right to terminate any agreement with the customer subject to these conditions and shall thenceforth cease to have any further obligation under the contract and the price for all work done and goods and services rendered by the retailer shall immediately become payable.
13. If by reason of the customers instructions or lack of such instructions any vehicle or vehicles left with the retailer for any inspection service or repair operation are not collected by the customer from the retailer within 7 days of the retailer having notified the customer either overleaf or otherwise that such operations have been completed the retailer shall be at liberty to charge the customer a reasonable daily sum for the storage of such vehicle or vehicles.
14. The work carried out as specified overleaf is warranted against faulty workmanship for a period of 12 months or 12,000 miles, whichever occurs first, from the date of completion of the work. This does not affect your rights under common law.
15. No parts will be accepted for credit unless returned within 7 days of collection, quoting this invoice number. All new parts returned for credit shall, in the opinion of the retailer, be in reasonable condition, of merchantable quality and may be subject to a handling charge. Goods specially ordered cannot be accepted for credit. This does not affect your right under sale and Supply of Goods Act 1994.
We the company named herein and Volkswagen group United Kingdom (the data controllers) will hold the information overleaf for sales, service and warranty purposes.
Your information may be passed to other carefully selected third party organisations and we, or they, might contact you by mail or telephone to let you know about other products and services that may be of interest to you, or you may be asked to participate in one of our customer satisfaction surveys. If you do not wish your information to be used in this way, please write to our brand manager at the address overleaf so that our records can be amended accordingly.
As always we are working to ensure your happiness and here's how we intend to do it...
Care and consideration for you and your car
We will: Work competently and in your best interests
Treat you as a valued individual and respect and care for your property
A flexible and convenient service
We will: Provide flexibility and choice of dates and times for booking and collection
Ensure our price will be all-inclusive for the work we agree to undertake
Endeavour to diagnose a vehicle defect within 24 hours of the vehicle being presented to us
Offer free collection and delivery within a 5 mile radius (up to 10 minutes’ drive time) for pre-bookings
Provide a courtesy car or arrange onward mobility if your vehicle is to be kept overnight
Expertise and attention to detail with no surprises
We will: Complete the work as agreed with you
Always gain your authority if any additional work is required
Keep you informed of progress and advise you when your car is ready
Complete a complimentary visual health check if your vehicle is left with us and include a professional recommendation of any components that require replacing immediately or the point at which any part of your car should be re-checked in the near future
Check for any warrantable product enhancements recommended by ŠKODA and perform these free of charge
Always use genuine ŠKODA parts and accessories
A clear explanation of our work
We will: Ensure our invoice matches the booking price
Provide a full explanation of work completed and any charges made
Communicate clearly in an open and honest way avoiding jargon
Review the vehicle condition report and explain all work completed
Where possible, perform a walk around of the vehicle with you
Value your feedback and will encourage you to complete our Your Opinion Counts survey so you can tell us
what you liked and how we can improve further
Terms and Conditions for Sale of New and Used Vehicles
Nothing contained in these Terms and Conditions will affect or restrict the statutory rights of the consumer.
DEFINITIONS AND INTERPRETATION
In these terms unless the context requires otherwise:-Accessory means an extra or accessory detailed in the order. Allowance means the amount specified on the Order as allowed by the Seller against a part exchange vehicle. Completion means the completion of the transaction, comprising the Seller’s delivery of the vehicle, and the purchaser delivering the Part Exchange Vehicle; Contract means the contract for the sale and purchase of the vehicle; Encumbrance includes without limitation and interest of equity of any person, any mortgage, pledge, lien, assignment, hypothecation, security interest, title retention or any other security obligation or any agreement or obligation to create any of the foregoing. Estimated Delivery Date means the estimated delivery dates if any specified on the order. Manufacture means the manufacturer of the vehicle; Order means the order set out overleaf for the purchase of the vehicle; Part Exchange Vehicle means the used vehicle if any offered by the purchaser in part exchange for the vehicle details of which appear on the order under the heading ‘Part Exchange Vehicle’ or similar; Purchase Price means the price for the including where applicable, Accessories road fund licence, delivery, warranty, insurance, fuel, car tax and VAT current at the date of the order; Purchase means the person firm or company placing the order; Seller means the seller named overleaf and includes its successors and assigns; and Vehicle means the motor vehicle and any parts, accessories and extras detailed in the order; Headings are for convenience and do not affect the construction of the Contract; the masculine shall include all genders and the singular shall include the plural; any reference to statuary provisions is a reference to such statutory provisions as amended or re-enacted from time to time; These terms together with the terms set out on the order are the only terms of the contract, No variation to the Contract is effective unless agreed in writing by an authorised representative of the seller.
FORMATION OF THE CONTRACT
The Order is the Purchaser’s offer to purchase the vehicle upon these terms. The Contract is formed upon the seller accepting that offer by an authorise representative of the Seller dating and signing the Order. The Contract is personal to the Purchaser, who shall not assign the benefit of the Contract without prior written consent of an authorised representative of the Seller.
The purchaser may not cancel the Contract without the prior written agreement of the Sales Manager, If the purchaser seeks to cancel the Contract in any other manner, the Seller will without prejudice to its other rights and remedies retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract.
Unless otherwise specifically agreed in writing delivery means the Seller making the Vehicle available at the Seller’s premises for collection by the Purchaser Risk of the Vehicle shall pass on delivery. The Estimated Delivery Date is an estimate only. Time of delivery is not of the essence of the contract. The Seller shall endeavour to deliver the Vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the estimated delivery Date. As soon as the vehicle is ready for delivery, the seller shall inform the purchaser who shall then have seven days in which to pay the purchase price less the allowance if any and take delivery of the vehicle. The purchaser will not be entitled to take delivery of the vehicle unless the purchase price has been paid in full and if he fails to pay, the Seller shall be entitled to treat the Contract as repudiated by the purchaser. Until the Contract is so terminated the Seller may at is option, either store the Vehicle itself or have it stored by third parties on such terms as the Seller in its absolute discretion thinks fit. The cost of storage or any additional transportation will be added to and form part of the Purchase Price. If the Seller treats the Contract as repudiated by the Purchaser, the Seller may without any prejudice or its rights and remedies under the Contract retain any deposit paid by the Purchaser and sell the Vehicle and retain the proceeds of the sale. If the seller fails to deliver the vehicle within thirty days of the Estimated delivery date the purchaser may give seven days’ notice to the Seller requiring delivery, Failing such delivery the purchaser may cancel the Contract, if the vehicle is a new Vehicle, the Seller may at any time cancel the Contract if the Manufacturer ceases to make that type of Vehicle.
PRICE AND VARIATION
The Seller reserves the right to vary the purchase price by any variation in the cost or rate of road fund licence, car tax, value added tax, between the date of the order and the date of delivery and the purchaser shall be bound to pay the price as so varied. If before the date of delivery the change occurs in the Manufacturers or relevant concessionaires price for the vehicle or any Accessory, the Seller shall notify the purchaser:-If the prices increase, of the amount of any such increase the Seller intends to pass on to the Purchaser by increasing the purchase price: or If the price reduction, the amount by which the Seller intends to reduce the Purchase Price or that no reduction is intended. The purchaser may cancel the Contract- Written fourteen days after the date of a notice or within fourteen days after the date of a notice; if the amount by which the seller intends to reduce the Purchase Price as stated in such notice is less than the amount of the reduction in the Manufacturer’s price. If the Seller is unable to supply any Accessory of whatever nature the seller may at its option either:-Substitute a reasonable equivalent or Delete the Accessory from the Order and reduce the purchase price by an amount equal to the price of the Accessory in question. The Sellers inability to supply an Accessory shall not constitute a breach of contract or entitle the purchaser to repudiate the Contract or reject the vehicle.
METHOD OF PAYMENT
Unless otherwise agreed by the seller and in all cases other than a sale via a finance company pursuant the purchaser shall pay the purchase price by bacs. Credit card payments over £500.00 are not acceptable unless specifically agreed in writing signed by the Sales Manager. An agreement to accept payment on credit terms shall be effective only if in writing and signed by an authorised representative of the Seller any agreed credit period shall commence from date of delivery of the vehicle and unless otherwise specified shall be seven days. The Seller the right at any time prior to payment to request banker’s or any other references as to the Purchaser’s financial status Failing receipt of satisfactory references the seller may withdraw any agreement to receive payment otherwise cash on delivery. Interest will be charged to the purchaser on all amounts remaining outstanding and unpaid after the due date for payment and/or on all sums due by way of damages for breach of the contract at the rate of 2% per annum above the base rate of Barclays PLC from time to time in force and shall be calculated and accrue on a day to day basis from the date on which payment was due until payment in full has been received by the Seller whether made before or after judgement has been obtained If no specific date for payments is set out in the Contract and credit terms have not been agreed the due date for payment shall be deemed to be the easier of: The date of the delivery of the vehicle, and The date which is ten days after notice from the seller to the purchaser that the vehicle is ready for delivery; Normally amounts received from the purchaser shall be applied in payment of the oldest debt but the seller may at any time in its absolute discretion appropriate any payment it receives to such outstanding debt as the seller thinks fit notwithstanding any purported appropriation to the contrary of the purchaser.
Notwithstanding delivery, until the seller has received from the purchaser payment of all sums whether by way of purchase price or otherwise payable to the Seller, whether under the contract or any other contract both beneficial and legal title to the vehicle remain in the Seller. Whilst life in the Vehicle remains in the Seller, the purchaser; Shall be in the possession of the vehicle as Bailee of the seller and entitled to use the vehicle and use includes us in the ordinary course of the purchase’s business, as notified to the seller at the time of Order, of letting out vehicles on hire terms until the occurrence of the first of the events or dates. Shall keep the Vehicle safe and in good condition and insure it for its full replacement value against all usual risks and shall forthwith upon receipt account to the seller for any proceeds of any such insurance; without deduction; Shall not without the Seller’s prior written consent use the vehicle for self-drive hire, hackney carriage or taxi work the seller shall be deemed to have given consent to self-drive hire where the consent is on credit terms and the Seller had actual notice at the time of receiving the Order that the purchase intended to let the vehicle out on self-drive hire in the ordinary course of business; Shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the Seller’s title to the Vehicle. Irrevocably authorises the Seller’s representatives to enter any premises at which the Vehicle is situate for the purposes of inspecting the Vehicle and identifying it as the Seller’s property. The Purchaser’s power of possession and use of the vehicle shall terminate; On the date in which notice is given by the seller and/or If the following happens to the Purchaser:-Being an individual he is unable to pay his debts within the meaning of section 268 of the insolvency Act 1986 or a petition is presented or order made for his bankruptcy or an interim or an interim order is made or, in Scotland he is declared not our bankrupt. Being a company, it is unable to pay its debts within the meaning of Section 123 of the insolvency Act 1986 or a petition is presented or a resolution proposed or passed for its winding up or dissolution or an application or order is made for the appointment of a liquidator or administrator or an encumbrance takes possession of or a receiver is appointed over all or any part of its assets or undertaking; A distress, executive or other process is levied on his undertaking or any part of his assets and is not discharged within seven days; He callas a meeting of or proposes or makes any arrangement or composition with all or any part of his creditors; Any event or process of like nature to those set out above in any jurisdiction. The Seller may by notice to the Purchaser revoke the Purchaser’s power of possession and use the Vehicle:- If the Seller has any doubt as to the ability or willingness of the Purchaser to pay to the Seller any sum on the due date; and/or, If the seller has reason to believe the Purchaser is in breach of any term of this or any other contact with the Seller upon revocation or determination of the Purchaser’s power of possession and use of Vehicle the Purchaser shall yield up the Vehicle in good condition to the Seller and if so required by the Seller and its own expense deliver the Vehicle to the address I the United Kingdom specified by the Seller and shall be deemed irrevocably to authorise the Seller to enter upon any of its premises with or without Vehicles for the purposes of removing the Vehicle. The repossession of the Vehicle by the Seller in accordance with the clause shall be without prejudice to all or any of the seller’s rights or remedies against the Purchaser.
Notwithstanding the following provision of this contract, the purchaser may within seven days after receiving notification that the vehicle is ready for delivery arrange for a finance company to purchase the Vehicle from the seller for the purchase price upon the same terms other than the identity of the purchaser as this contract. Upon payment of the purchase price with finance company so introduced shall be deemed to be the purchaser of the Vehicle and all references to the purchaser shall be construed accordingly and the Seller will Deliver the Vehicle to the order of such finance company. The finance company shall thus be substituted as the purchaser of the Vehicle hereunder. The purchase of the Vehicle by the finance company at the request of the purchaser shall not release the purchaser from his obligations to inspect the Vehicle and satisfy him that the vehicle is suitable for the purposes.
PART EXCHANGE VEHICLE
The provision of this clause shall apply if the purchaser has pro offered a part exchange Vehicle. Where the Seller agrees to allow part of the purchase price to be discharged by the purchaser’s delivering to the seller the Part Exchange Vehicle, the allowance is given and received and the Part Exchange Vehicle delivered and accepted as part of the Contract and not as a separate contract between the purchaser and the Seller on the conditions. The purchaser passes to the Seller good title to the Part Exchange Vehicle either:-free from Encumbrances; or if there are encumbrances on the Part Exchange Vehicle but all are capable of cash settlement by payment of an amount not exceeding the Allowance, instead of applying the whole of the Allowance towards payment of the Purchase price, the Seller will apply the Allowance or part of it as applicable towards settlement of any obligations to third parties in respect of any Part Exchange Vehicle which are capable of cash settlement payment to any such interested third parties to be made after the Seller has received the Part Exchange vehicle and made delivery of the Vehicle to the purchaser. The Seller has had the opportunity to examine the Part Exchange Vehicle for the purpose of calculating the Allowance and such examination has taken place; and the condition of the Part Exchange Vehicle as delivered to the Seller before or at the time of delivery of the Vehicle to the purchaser is substantially the same as that existing at the same time of the Seller’s most recent examination fair wear and tear excepted. Risk in and title to the Part Exchange Vehicle shall pass to the Seller on delivery. Without prejudice to the purchaser shall deliver the Part Exchange Vehicle to the Seller within seven days of notice to the purchaser that the Vehicle is ready for collection. If completion takes place on a date which is more than thirty days after the date of the Order, except when the delay is a direct result of the Seller’s act or default, the Seller reserves the right to reduce the Allowance by an amount equal to 2.5% of the valuation for each completed period of thirty days between the date of the order and completed. If any are not fulfilled the Seller shall be discharged from any obligation to purchase the Part Exchange Vehicle or to make the Allowance and the Purchaser shall discharge the Purchase Price in full in cash.
If the Vehicle is a used Vehicle is sold: - Subject to any defects which the Seller has drawn to the Purchaser’s attention prior to the Purchaser placing the Order, and Subject to any defects which the purchaser discovered or ought to have discovered upon examining the Vehicle prior to placing the Order irrespective of whether the purchaser has carried out such examination and in that regard the Purchaser acknowledges that he has been afforded the opportunity to examine the Vehicle.
WARRANTY AND PRODUCER DETAILS
It is a new Vehicle is sold with the benefit of the Manufacturer’s warranty, the terms of which are specified in the service record and warranty booklet or other similar documentation issued from time to time by the Manufacturer, copies of which are available for inspection at the Seller’s premises. The benefit of such warranty is in addition to any statutory implied warranty on the part of the Seller. Except where the Vehicle is delivered to the order of a finance company. The Seller shall supply to the purchaser a copy of the warranty terms on delivery of the Vehicle. Unless otherwise specified by notice to the purchaser the producer of the Vehicle for the purposes of section 2 of the Consumer Protection Act 1987 is the manufacturer.
LIMITS OF LIABILITY
The Vehicle is sold strictly on the condition that the purchaser has inspected the Vehicle and has satisfied themselves of its suitability for these purposes and of its satisfactory quality. The Purchaser acknowledges that specifications and details in any catalogue, and forecasts of performance are approximate only, and that such specifications and details and forecasts and representations made by the Seller to the Purchaser do not form part of this Contract and in respect of such specifications, details, forecasts and representation made by the Seller do not form part of this Contract and in respect of such specifications, details, forecasts and representations the Seller shall be under no liability nor shall the purchaser be entitled to any remedy, under the provisions of the Misrepresentation Act 1967. The Seller’s total liability for the aggregate claims of the Purchase arising out of a single act or default of the Seller whether due to the Seller’s negligence or otherwise shall not exceed the Purchase Price. Nothing in this contract shall be construed as limiting or excluding any liability of the Seller which may not by law be excluded.
Without prejudice to any of its other rights and remedies the Seller shall be entitled to postpone delivery of the Vehicle and suspend performance of the Contract and may by notice in writing to the Purchaser terminate the Contract any time.
The Seller shall not be liable to the Purchaser if unable to carry out any provision of the Contract for any reason beyond its control, including 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 the inability to procure parts or any Vehicle required for the performance of the contract, Failure to deliver the Vehicle by reason of any of the aforementioned contingencies shall entitle the Purchaser to cancel the Contract and the provisions.
NOTICE AND GENERAL PROVISIONS
No waiver of any of the seller’s rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Seller. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of the Seller’s rights in relation to different circumstances or the recurrence of similar circumstances. Any notice under these terms and conditions shall be properly given if in writing and sent by first class post or facsimile to the address of the intended recipient as stated in the Contract or to such address as the Seller and the Purchaser from time to time notify 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 the time of posting and in the case of facsimile upon completion of the transmissions by the sender. Each of these Terms and Conditions and each paragraph hereof shall be construed as separate conditions should any provision be found to be invalid or unenforceable or an unreasonable restriction of the Seller’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective. A person who is not a party in the Contract has no rights under the Contracts Rights of Third parties Act 1999 to enforce any term of this Contract but this does not affect any remedy or right of the third party which exists or is available apart from this Act. The construction and operation of this Contract shall be governed by English Law and the Purchaser agrees to be bound by the non-exclusive jurisdiction of the English Courts.