Terms & Conditions for Aftersales Services

2.1 All estimates for services are valid for 14 days from the date of the estimate.

2.2 Estimates shall not constitute an offer by us to you.

2.3 Any genuine errors in estimates may be corrected by us at any time and without liability on our part.

2.4 It is in the nature of the type of work undertaken that additional work may be required following some or all of the initial services being commenced or completed. This will be the case if, in the course of performing the services, additional problems come to light that require a change in the services or additional services to be performed. Any such change in or additional services to be performed shall be at additional cost and any estimate previously provided shall not cover the cost of any additional or varied services nor the cost of additional parts or accessories which may be required.

2.5 All prices quoted by us for parts and accessories are based on prices current at the time of preparing the estimate and we may increase such prices if the price to us from our suppliers is increased between preparing the estimate and obtaining the parts or accessories, in order to perform the services.

3.1 Services will only be performed at the service department into which the vehicle has been booked except where we have expressly agreed otherwise.

3.2 Agreeing to change the department at which the services are to be performed at your request, is at our discretion and may result in a change to the date or time for the performance of services. We cannot guarantee to provide the services at any other service department than that originally booked but will use reasonable efforts to accommodate your request.

3.3 By delivering a vehicle to us, you represent that you are the owner of it or otherwise have the authority to deliver the vehicle to us on behalf of the owner.

3.4 When you deliver a vehicle to the service centre you must deliver keys to enable us to access the vehicle.

3.5 If there are any problems with your vehicle that you reasonably consider may render the vehicle unsafe in any way, you must notify us of such matters at the latest, at the point at which you leave the vehicle in our service department.

3.6 Vehicles should be presented for service/repair with suffcient fuel and/or battery range to allow any necessary testing including test drives.

3.7 We have the right to refuse any booking or cease working on any vehicle which we deem to have been presented in an excessively dirty or soiled condition

4.1 If you leave a vehicle with us to allow us to prepare an estimate, we may charge a storage charge based on our current storage rates beginning on the fifteenth day following the day on which you left the Vehicle at the department unless: (a) the estimate which we have provided for the services is accepted by you within fourteen days of that estimate being sent to you; or (b) the vehicle is removed from the premises within those fourteen days. This is because we have limited space for vehicle storage.

4.2 You must pay all service fees (to the extent not already paid) before the vehicle is released to you following completion of the services in accordance with Clause 8 below. If you fail to pay, we may not release the vehicle and may charge a storage fee based on our current storage rates if the vehicle is not released to you as a result of you failing to pay.

4.3 If you fail to collect your vehicle within seven days following the completion of services by us, we may charge you a storage fee based on our current storage rates if you fail to collect the vehicle within a reasonable period of time thereafter and once we have notified you that the vehicle is ready for collection.

5.1 We will notify you when the services are complete, and your vehicle is ready for collection. You will be responsible for collection of your vehicle and if you fail to collect the vehicle, additional fees may apply as set out in Clause 4.3 above.

5.2 If you want someone else to collect your vehicle (Agent), they will only be able to do so if you have told us of their identity in advance. Your Agent must have your full authority to act on your behalf and you agree to be bound by your Agent’s actions. If for any reason your Agent attends to collect a vehicle, but you have not told us in advance, we will use reasonable efforts to speak to you to confirm their identity. However, if we cannot speak to you, we will not release the vehicle and will not be liable for any costs as a result, which may include storage fees.

5.3 On Collection, your Agent will need their driving licence. You must ensure your Agent is aware of this in advance.

5.4 We shall not be liable to you for any loss or damage caused by the release of the vehicle to any person who settles the account outstanding for tow and/or repair and/or storage (including in the case of a recovered vehicle, a repossession, insurance claim or breakdown), provided always that such persons have held themselves out as duly authorised by you to have possession of the vehicle.

5.5 It may be necessary for documentation to be signed before the vehicle can be released from our service department Any person you use as an Agent must also have your authority to sign that documentation on your behalf.

5.6 Vehicles may only be collected from our service department during our usual hours of operation. We do not agree to make vehicles available for collection at other times.

Where the services include fitting of parts or accessories to the vehicle, ownership in them shall pass from us to you on payment in full and cleared funds for all services, including for any other services, which have been performed but which may not include fitting of such parts or accessories. Until then, we shall continue to own such parts and accessories, albeit that the same have been fitted to the vehicle. If for any reason, we allow the release of the vehicle, parts, or accessories before payment, then until we receive clear payment in full of all sums due from you, you hold the parts and accessories on our behalf, must maintain them in satisfactory condition, and fully insured. If we do release parts or accessories before payment is made, the risk in them shall pass to you when on delivery. We may recover payment for the parts and accessories where we have not been paid. If before title passes, you become subject to any of the events referred to in Clause 8.9 then without limiting our other rights, we may require you to return the parts and accessories and if you fail, attend your premises to recover them.

7.1 We may perform the services in such manner as we decide and may appoint a sub-contractor to undertake all or any services.

7.2 We will use our reasonable efforts to perform the services within any time estimates notified to you but no liability is accepted by us for delays. Any timescales given are estimates only.

7.3 The services shall be deemed complete when you are informed by us that the services are complete.

7.4 Where new paintwork is required and metal work is found to be rusted, reasonable care will be taken to prevent rust penetrating after painting, but no guarantee can be given that this will not happen, and we will not be responsible if it does.

7.5 If partial paintwork only is required as part of the services, we will use reasonable care to match the existing Vehicle colour, but no guarantee can be given of an exact colour match.

7.6 All parts replaced during a service i.e. which are removed from your vehicle, except those that must be returned to manufacturers or our suppliers under warranty or service exchange arrangements, will be retained by us for you until the time when the vehicle is collected by you. If you do not ask to take replaced parts when collecting the vehicle then they will become our property to dispose of as we deem fit.

7.7 If for any reason, new parts or accessories cannot be obtained within a reasonable time or if the same are not available at all, we shall not use repaired or reconditioned parts or accessories unless you have agreed that we may do so.

7.8 No parts or accessories will be accepted by us for credit unless returned clean and within 5 working days of collection in which case you must quote the invoice number. All new parts returned for credit are subject to a 20% handling charge. Goods specially ordered cannot be returned for credit. Exchange items must also be returned clean within 5 working days. In case a factory reconditioned unit is fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within any Exchange Scheme operated by the manufacturer. If the unit is accepted for reconditioning and the manufacturer’s credit note is received, the surcharge will be cancelled. 7.9 Where possible, we will assign to you the benefit of any manufacturer’s warranty for any new, genuine parts and accessories fitted to the Vehicle (i.e. those manufactured by the Vehicle manufacturer). For any other parts (including any reconditioned parts) we shall where possible, assign to you, the benefit of the applicable manufacturer’s warranty or remainder if we are able to do so.

7.10 We warrant that our work will be free of defects for a period of 3 months or 3,000 miles whichever occurs sooner, from the date of completion of the relevant Services. If within such warranty period, you discover an alleged defect, you must notify us within 7 days of discovering the alleged defect and return the Vehicle to our service centre to allow us to carry out an inspection. If we discover that the defect has arisen as a result of faulty materials or workmanship then we shall remedy the defect and if necessary and at our option, either repair or replace the faulty part. Any parts replaced shall be our property to dispose of as we see fit. Subject to Clause 7.11, our liability under this warranty only applies where the Vehicle is used in a proper manner and serviced in accordance with the manufacturer’s recommendations.

7.11 No warranty is given nor shall we be responsible if any defect is caused or made worse due to: (a) any failure by you to give us a reasonable opportunity to inspect the defect and remedy it: (b) the alteration, repair or maintenance of any part or accessory which we have fitted, other than by us; (c) a failure by you to adhere to our reasonable instructions or those accompanying the part or accessory as to its proper use and maintenance; (d) any use of the Vehicle for purposes referred to in Clause 9.8.

7.12 A courtesy wash is provided for service and repair customers. This is a courtesy wash only and does not indicate a full valet service nor that the vehicle will be cleaned to any particular standard.

8.1 A limited number of courtesy vehicles are available and are provided on a first-come first-serve basis. We cannot guarantee, nor are we under any obligation to provide alternative means of transport.

8.2 We will make a reasonable effort to provide the most suitable courtesy vehicle possible from our fleet. However, we offer no guarantee to which vehicle, brand, style, powertrain, or size is assigned to you.

8.3 A separate courtesy car hire agreement must be completed prior to the hire. You will be bound by its terms alongside these terms and conditions.

8.4 We will refuse courtesy car hire unless a valid driving licence is produced by any person intending to drive the vehicle.

8.5 The courtesy vehicle should be returned with the same level of fuel as it was provided to you with. We reserve the right to charge for any unreplenished fuel.

8.6 Courtesy vehicles are for short-term (up to seven days) warranty and service customers. We are under no obligation to provide longer-term transport whilst your vehicle is in for repair.

8.7 Courtesy vehicles must be returned on the same day that you are notified that your vehicle is ready for collection. Unless an alternative agreement has been made by you and us.

8.8 The hiring party is liable for any damage the courtesy car may suffer during the hire/loan period. In the event of damage being sustained, although covered by the lessor’s insurance, the hirer would be liable for either the cost of the vehicle’s repair or for the relevant insurance excess up to and including £5,000.00. The option of paying a damage waiver to reduce the excess is available and can be discussed with a member of our service team. Alternatively, the hirer may add the vehicle to their own insurance policy, provided it is fully comprehensive, and must supply proof of this prior to any service appointment.

9.1 All fees and charges on the booking form or elsewhere include VAT. You shall pay VAT on all goods and services properly charged at the prevailing rate. All fees and charges for the services on the booking form or elsewhere are estimated.

9.2 We may alter prices at any time including if additional repairs or other services are found to be necessary on assessing the vehicle. We will notify you in advance of undertaking such additional work if the cost of doing so exceeds the original estimate by more than 10%. If you wish us to proceed you should confirm your instruction to us. Such instruction need not be in writing, but we will not resume the Services unless and until you confirm we should proceed.

9.3 If we notify you that additional services are required due to an unforeseen problem that only becomes apparent on inspection or dismantling the vehicle but you decide that you do not wish us to proceed, you may take the vehicle from our service department on payment of all fees incurred for the services already performed, together with any other additional charges which may be applicable incurred in accordance with these terms. However, you shall still be responsible for the full costs of the services if you instruct us to proceed with all services as we may determine are necessary, irrespective of the price, and if you have told us that we do not need to revert to you in the case of a cost change.

9.4 We may also pass on any cost increases, that we don’t control, such as tax increases or the cost of parts, including at any time after your booking has been placed but before the services have been completed. If such increase exceeds the original estimate by more than 10%, we will tell you in advance and you may cancel the contract in respect of any further services, but you will still remain responsible for paying for any services undertaken up to the date of cancellation.

9.5 We accept payment by MasterCard, Visa credit card, Maestro, Delta, American Express or debit card. We may pass on any charges we incur in processing card payments. We may, but shall not be obliged, to accept cheque payment but cheques must clear before any vehicle or goods are released.

9.6 Nothing obliges us to release the vehicle until all services and any other sums due have been paid for in full and cleared funds.

9.7 We may sell the vehicle to a third party if you fail to pay for the services for a period that is more than three months from the date of services completion or if you fail to collect the vehicle within three months of being notified that the services are complete. We will notify you of an intention to sell before the end of the three-month period. On such sale, we shall pay to you the balance of the proceeds of the sale after deducting all unpaid fees, costs and charges including any storage charges, together with all disposal costs as may be incurred by us in disposing of the vehicle.

9.8 We may suspend or refuse services if we have reason to doubt your ability or willingness to pay or if you have outstanding invoices with us.

9.9 We may also suspend or refuse the services if you become bankrupt or cease to trade, become insolvent, or are unable to pay your debts or if a person is appointed to manage or take control of the whole or part of your business or assets or notice of intention to appoint such person is given or documents relating to such appointment are filed with any court, or if you commence negotiations with or make a voluntary arrangement with creditors or if the ability of your creditors to take any action to enforce debts is suspended or any process is instituted which could lead to you being dissolved and your assets being distributed (other than for solvent amalgamation or reconstruction) or anything similar to the foregoing happens.

9.10 Without afecting any other provision of these terms or your statutory rights, if for any reason the service requested by you is not carried out in full by us, we reserve the right to charge a reasonable sum for the work actually carried out.

9.11 If you fail to pay any amount when due we may charge interest on the overdue sum from the due date up to the date of payment, after as well as before any judgment, at a rate of 3% per annum above the base rate for the time being of Barclays Bank PLC accrued daily. This is in addition to any rights we may have in the event of late payment at law or in these terms.

9.12 We may apply any payment you make to any outstanding sums as we may determine, irrespective of which invoice the debt arose under and irrespective of which invoice you may seek to apply the payment to.

10.1 Nothing in these terms shall limit or affect our liability resulting from any materials, parts, accessories, or equipment supplied or any aspect of our service being found to be unsafe or if something we do negligently causes death or personal injury or for any other liability which cannot be excluded by law.

10.2 Subject to Clause 9.1, if we are in breach of contract, statutory duty, negligent, or if other liability arises, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence and subject to the amounts referred to in Clause 9.5. We will therefore not be liable in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us an opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.

10.3 Subject to Clause 9.1, we shall not be responsible for any damage or loss suffered or incurred as a result of repairs, modifications, or alterations to the vehicle by any person other than us or our sub-contractors.

10.4 Subject to Clause 9.1 and without affecting any other exclusions, our liability shall not, in any event, include business or financial or commercial losses such as direct or indirect lost profits, loss of business opportunity, business interruption, lost data or wasted expense whether as a direct or indirect result of something that we do or fail to do.

10.5 Subject to Clauses 9.1 to 9.4 above, our total liability arising whether in negligence, for breach of contract or otherwise shall not exceed an amount equal to the total costs for the services paid by you to us plus any direct costs incurred by you as a result of our failure such as the actual cost of repairs to your vehicle if we do any damage to your vehicle whilst in our possession.

10.6 Unless we agree otherwise in writing, the only warranty supplied with any parts and accessories themselves will be the manufacturer’s warranty (or balance thereof) and subject to us using reasonable efforts to seek the transfer of any such warranty from the manufacturer to you. All other warranties are excluded to the fullest extent legally permitted.

10.7 You must remove all contents from your vehicle before leaving it at our service department. We will not be liable for any costs, claims, damages, liabilities, or expenses suffered as a result of items being left in the vehicle.

10.8 Subject to Clause 9.1 we shall not be liable whether under these terms or otherwise, to the extent that any loss or damage is due to the vehicle having been: (a) used for competitions, racing or record attempts or otherwise than for private or commercial use of the owner or other users with his permission. (b) abused in any way or damaged by wear and tear, neglect, rust, improper use, or failure to maintain in accordance with the manufacturer’s recommendations. (c) damaged in any subsequent accident.

10.9 Vehicles are left on-site at your own risk. The site has limited CCTV, but no liability is accepted for any damage or subsequent losses alleged to have happened on site; except for, an evidence-based accident or act of negligence caused by a member of our team.

10.10 We will not be liable for fair wear and tear on the vehicle.

11.1 Nothing affects your consumer statutory rights including those under the Consumer Rights Act 2015 (e.g. that the parts we supply will be of satisfactory quality and that Services will be performed with reasonable care and skill). For information, consumers can contact Citizens Advice or Trading Standards.

11.2 If you think there is a problem or fault with the services, we have performed then you should let us know as soon as possible and you should return the vehicle to the service department (unless we agree to collect the vehicle or unless it is unsafe to drive the vehicle). If we have failed to properly perform our service, we will perform that service again.

You agree to provide us promptly with any information that we reasonably request, and you promise that the information you provide, including when speaking to any of our representatives, is correct.

This Clause 12 only applies if you have a cooling off right. It is not in any way intended to limit your rights for any defective service or parts or accessories we supply.

13.1 The contract for services may be cancelled at any time up until we commence the performance of the services. However, once a vehicle has been left at our service department, we may begin the services at any time and therefore once a vehicle has been left with us, you agree that we may begin to perform the services. Once we have commenced services, the right to cancel shall no longer apply. Note that once a vehicle has been left at our service department, we will not notify you in advance of actually commencing the services. If you contact us to tell us that you no longer wish to proceed after a vehicle has been left at our service department, you may cancel if we have not commenced the services but if we have, you will not be able to do so and you will remain responsible for all costs and fees incurred.

13.2 You are entitled not to proceed with any additional services if you have provided your vehicle to us for the purposes of an initial assessment to get an estimate. However, you will remain responsible for the costs incurred up to that time.

13.3 If you are entitled to cancel a booking and do wish to do so, you should let us know either by telephoning, by writing, or by emailing to the address on the booking form. Please note that you will not receive a refund of any fees if you cancel the agreement where we have already performed the services

14.1 You may not transfer any of your rights under your contract with us to any other person. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be affected.

14.2 If either of us breaches the contract with us and we choose to ignore this, we will each still be entitled to rely on our rights and remedies at a later date.

14.3 Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

14.4 Our contract with you is subject to English law. We will try to solve any disagreements quickly and effciently. An alternative dispute resolution process is available to help resolve any disputes between you and us. The procedure is operated by Motor Codes (www.motorcodes.co.uk). If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales, or Northern Ireland. We subscribe to the Motor Industry Code of Practice.

14.5 Except where we specifically agree, nothing in these terms will give to any other person, any benefit, or rights to enforce any of them.

14.6 We reserve the right to appoint any third parties to assist us in performing our obligations or providing services, as we decide.

14.7 For clarification, nothing in these terms shall exclude any liability that we may have for fraudulent misrepresentation.

14.8 If any provisions become void or unenforceable, all other parts will continue to be valid irrespective of the unenforceable provision. No change to these terms will be effective unless agreed in writing by one of our authorised representatives.

14.9 Nothing in these terms will imply a relationship of employment, partnership, or agency between you and us except to the extent agreed by us in the circumstances or except if otherwise stated in these terms.

14.10 We will not be liable to you if we are unable to perform any of our obligations under these terms due to any reason beyond our reasonable control including legislation, fire, flood, failure of power supply, strike, employee stoppages, or similar.

14.11 All written notices given by us to you shall take effect 24 hours after being despatched by the company in the normal course of post to the invoice address shown overleaf.

If you have any questions or complaints, then these should be addressed to the Service Manager Premier Motors (Solent) Ltd.