CLP Tuning / CLP Automotive Terms and Conditions
1. General and Definitions
1.1 These terms (the "Terms") are the only terms on which CLP-tuning by whom this form is used (the "Company") contracts with the customer as named overleaf (the "Customer") and they shall govern the contract to the exclusion of any other terms and conditions.
1.2 "Goods" means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with Work.
1.3 "Work" means any work to be done by the Company whether by the way of repairs, servicing, fitting or otherwise.
1.4 The Customers will be deemed to have accepted these Terms if he or his insurance company give instructions or place orders by any means for Work to be done or Goods to be supplied.
1.5 Any typographical, clerical, or other error or omission in any estimate, order acceptance, invoice or other document issued by the Company shall be subject to correction without liability on the part or the Company.
2. Estimates and Prices
2.1 An estimate is a considered approximation of the likely cost involved and is valid for 14 days from its despatch by the Company to the Customer. If the Customer or his agent deposits a vehicle with the Company for an estimate, a storage charge based on the Company's current rates will be made to the Customer from the 15th day after the despatch of the estimate by the Company unless it is accepted by the Customer within 14 days of such despatch or the vehicle is removed by the Customer from the premises within that period.
2.2 Prices of Goods are those current at the time of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the Goods.
2.3 Unless otherwise agreed in writing, if it appears during progress of any Work that the estimate will be exceeded by a significant amount the Company will not continue the Work without further express permission from the Customer.
2.4 All prices are exclusive of any applicable Value Added Tax.
3. Uncompleted Works
3.1 If for any reason Work requested by the Customer is not carried out in full the Company will charge reasonable amount for any Work actually done and the then current price of any Goods supplied or fitted.
4.1 Any variation agreed between the Company and the Customer in Work to be done or Goods to be supplied shall be deemed to be an amendment to this contract and shall not constitute a new contract.
4.2 No order which has been accepted by the Company may be cancelled by the Customer, except with the agreement of the Company and on terms that the Customer indemnifies the Company in full against all loss (including loss of profits), costs, damages, charges and expenses incurred by the Company as a result of cancellation.
5.1 The Company will use its best efforts to do Work or supply Goods within any time period notified to the Customer but time shall not be of the essence and the Company will not be liable for delays.
6. Completion of Work and Payment
6.1 All Goods shall be paid for for in advance. or on completion of work carried out.
6.2 Work shall be deemed complete when the Customer is so advised by the Company. The Customer will pay the Company for all Work done and Goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises.
6.3 If a vehicle is not collected by the Customer within 7 days of the Customer being advised that Work is complete the Company will charge for storage of the vehicle at its current rates. The Company may sell the vehicle if the Customer fails to pay any monies due to the Company and collect the vehicle within 3 months of being notified that the Work has been completed and of the Company's intention to proceed to sell it. Upon any such sale the Company shall pay the balance of the proceeds of the sale to the Customer after deducting all monies due to the Company (whether arising for the latest or an earlier bailment) and all costs of sale.
6.4 Interest at the rate of 3 per cent rate from time to time (both before and after judgment) will be charged from the due date until payment.
6.5 Please note that all credit/debit cards are acceptable at clptuning , with the exception of American Express (AMEX).
7. Retention of Title and Risk
7.1 Goods supplied by the Company shall be at the Customers risk immediately on delivery to the Customer or into custody on the Customers behalf and the Customer should therefore be insured.
7.2 Property in the Goods supplied hereunder will pass to the Customer when those goods and all other Goods subject to any other contract between the Company and the Customer which at the time of payment of the full price of the Goods sold have been delivered to the Customer but not paid in full, have been paid for in full.
7.3 Until full payment has been received by the Company the Customer shall hold the goods supplied hereunder in a fiduciary capacity for the Company in a manner which enables them to be identified as the Goods of the Company and the Customer shall immediately return those goods to the Company should it so request. All the normal incidents associated with a fiduciary relationship shall apply.
7.4 The Customer's right to possession of the Goods supplied hereunder shall cease if, not being a Company he does anything or fails to do anything which would entitle any person to present a petition if on bankruptcy on being a Company, it does anything or fails to do anything which would entitle an administrator or administrative receiver to take possession of any assets or would entitle any person to present a petition for winding up.
7.5 The Customer grants the Company an irrevocable licence to enter at any time any vehicles or premises owned or occupied by the Customer or in its possession for the purpose of repossessing and removing any goods supplied the property in which has remained in the Company.
7.6 If any provision of this clause 7 or any part thereof is held by any Court or other competent authority to be void or unenforceable in whole or part, this clause 7 shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
8.1 Unless otherwise agreed in writing delivery of Goods shall be ex the Company's premises.
9. Loss, Damage and Liability
9.1 The Company is only responsible for loss of or damage to any vehicle or its accessories or contents caused by the negligence of the Company or its employees. Except in respect of death or personal injury, the liability of the Company to the Customer for any direct loss, damage, cost or expense shall be limited to £1,000,000 in respect of any one event or series of connected events. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely upon his own insurance.
9.2 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term or any duty at common law, or under there Terms for any consequential loss or damage (whether for loss of profits or otherwise), costs or expenses whatsoever (and whether caused by the negligence of the Company, its employees, agents or otherwise) arising out of or in connection with the supply of Goods or the provision of the Works or their use or re-sale by the Customer except as expressly stated in these Terms.
9.3 The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations, if the delay or failure is due to any cause beyond the Company's reasonable control.
10. Replaced Parts
10.1 All parts replaced during any Work done, except those to be returned under warranty or service exchange arrangements, will be retained by the Company until the vehicle is collected. If the Customer does not specifically ask to have such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.
11. Returned Goods
11.1 Goods will be accepted back for credit provided that the Customer returns the Goods ( in the same condition as when supplied) within 5 working days of delivery, the original invoice is produced, the Customer pays the Company's current handling charges for returned Goods and the Goods were not specifically ordered by the Customer.
11.2 Save as above Goods will not be accepted back by the company.
12.1 The Company shall be entitled to carry out its obligations under this contract by sub-contractors but shall be responsible for the quality of their work.
13. Health and Safety
13.1 The instructions for use, cautionary notices and other technical notices and information as supplied to the Customer with the Goods must be observed.
14. Notices and General
14.1 All written notices given by the Company to the Customer shall take effect 24 hours after being despatched in the normal course of post to the Customers address shown overleaf, or immediately upon delivery by hand.
14.2 No waiver by the Company of any breach shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 This contract shall be governed by the laws of England.
15.1 The Company warrants that all genuine parts will be free of defects in material or workmanship for 12 months from sale by the Company. In respect of any other parts fitted or other Goods, the Company assigns to the Customer the benefits of the applicable manufacturers warranty. The Company warrants its work free of defects in workmanship for a period of 3 months or 3,000 miles, whichever occurs sooner, from the date of completion of the work.
15.2 The warranties in 15.1 above are in addition to any other remedies the Customer may have under the Contract.
15.3 No warranty will apply if and to the extent that a defect is caused or worsened by one
or more of the following, namely
- a failure to inform the Company of the defect or to have it examined by the Company and a failure to give the Company the opportunity to remedy it;
- if the Goods have been subjected to misuse, negligence or accident or used in a vehicle for racing, rallying, or similar sports;
- the installation of a parts into Goods, the use of which has not been approved by CLP-Automotive or the alteration of Goods in a manner not approved by CLP-Atutomotive;
- non-adherence to instructions concerning the treatment, maintenance and care of the Goods or a failure to have the relevant vehicle serviced in accordance with CLP-Automotive recommendations or
- the repair or maintenance of the Goods by a person other than CLP-Automotive or a person authorised by CLP-Tuning.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER