Terms of business
1.0 General and Definitions
1.1 These items are the only terms on which Shukers Ltd or its subsidiaries by
whom this form is used (called the Company) contracts with the customer.
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 to be done
by the Company.
1.3 "Work" means any work to be done by the Company whether by way of
repairs, servicing, fitting or otherwise.
1.4 The Customer will be deemed to have accepted these Terms of Business if he
or his insurance company give instructions by any means for work to be done
or goods supplied.
2.0 Estimates
2.1 An estimate is a considered approximation of the likely cost involved . All
estimates are valid for 30 days from the despatch of the estimate by the
Company to the Customer. If the Customer deposits a vehicle with the
Company for the purpose of an estimate, a storage charge based on the
Company's current rate will be made to the Customer applicable from the 31st
day after the despatch of the estimate by the Company unless the estimate is
accepted by the Customer within 30 days of such despatch or the vehicle is
removed by the Customer from the premises within that period.
2.2 Prices of goods are based on prices current at the time of preparation 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 (which need not be
written) from the Customer.
3.0 Uncompleted Work
3.1 If for any reason work requested by the Customer is not carried out in full the
Company will charge a reasonable amount for any work actually carried out
and the current price of any goods supplied or fitted.
4.0 Variations
4.1 Any variations 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.
5.0 Time
The Company will use its best efforts to do work or supply goods within any
time period notified to the Customer, However, time shall not be of the
essence and the Company will not be liable for delays.
6.0 Completion of Work and Payment
6.1 All goods shall be paid for upon delivery unless credit has been agreed in
advance.
6.2 Work shall be deemed complete when the Customer is advised by the Company
that such work is complete. 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 seven days of the Customer
being advised that work is complete the Company will charge for storage of
vehicle at its current rates. The Company may sell the vehicle if the customer
shall fail to pay monies due to the company and collect the vehicle within 3
months of being notified that the work has been completed and the Company's
intention to proceed to sell it. Upon any such sale the Company shall pay the
balance of the proceeds of sale to the Customer after deducting all monies c
due to the Company and all costs of sales.
6.4 Interest at the rate of 2% per month (apportionable by the day) will accrue
on all overdue payments.
7.0 Retention of Title and Risk
7.1 Goods are at the risk of the Customer as soon as they are delivered by the
Company to the Customer.
7.2 Goods shall remain the sole and absolute property of the Company as legal and
and equitable owner until such time as the Customer shall have paid to the
Company the full price thereof together with the full price of any goods the
subject of any other contract with the Company and together with all storage
charges and interest that may be due to the Company under this Contract
or any other and until payment in full as aforesaid has been made the Customer
acknowledges that he is in possession of the goods solely as bailee for the
Company.
7.3 Until the Customer becomes owner of the goods he will store separately from
his own goods or those of any other person and in a manner which makes
readily identifiable as the goods of the Company.
7.4 The Customers right to possession shall cease if he, not being a company, commits
7.4 The Customers right to possession shall cease if he, not being a company, commits
an available act of bankruptcy or if he, being a company, does anything of fails to do
anything which would entitle a receiver to take possession of any assets or which
would entitle any person to present a petition for winding up. The Company may for
the purpose of recovery of the goods enter upon the premises where they are stored
or where they are reasonably thought to be stored and may repossess the same.
7.5 The Customer shall be at liberty to agree to sell on the goods or any product
produced from or with the goods subject to the express condition that such an
agreement to sell shall take place as agents (save that the Customer shall not hold
himself out as such) and bailees for the Company, whether the Customer sells on his
own account or not and that the entire proceeds thereof are held in trust for the
Company and are not mingled with other monies or paid into any overdrawn bank
account and shall be at all times identifiable as the Company's Monies.
8.0 Delivery
8.1 Unless otherwise agreed in writing delivery of goods shall be ex the
Company's premises.
9.0 Loss or Damage
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. 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 Parts received that are damaged must be reported to the Company within
24 hours of delivery if a credit or exchange is required.
10.0 Replaced Parts
10.1 All parts replaced during any work done, except those that have to be
returned to manufacturers or suppliers under warranty or service exchange
arrangements, will be retained by the Company for the Customer until the
vehicle is collected. If the Customer does not specifically ask to take
possession of such replaced parts when collecting the vehicle, then they will
become the property of the Company to dispose of as it deems fit.
11.0 Returned Goods
11.1 Goods will be accepted back for credit provided:
i) The Customer returns the goods within 5 working days of delivery: and
ii) The original invoice is produced: and
iii) The Customer pays the Company's current handling charges for returned
goods: and
iv) the goods were not specially ordered by the Customer.
11.2 Save as aforesaid goods will not be accepted back by the Company.
11.3 Exchange units that are to be returned for a surcharge credit must be
returned to the Company within one calendar month of the original issue.
12.0 Sub Contracting
12.1 The Company shall be entitled to carry out its obligations under this contract
by sub contractors but shall be responsible for quality of sub contractors
work.
13.0 Health and Safety
13.1 Notice is hereby given to the Customer that the instructions for use,
cautionary notices, and other technical notices and information are supplied
to the customer with the goods.
14.0 Warranty
14.1 In respect of any parts fitted or other goods the Company assigns to the
Customer the benefit of the applicable manufacturers warranty. The Company
warrants its work free of defects for a period of 12 months or 12000 miles,
whichever occurs sooner from the date of completion of the work.
14.2 If the work includes painting then:
i) if the metal to be painted is rusted every reasonable precaution will be
taken to prevent rust penetrating the paint after completion of the work but
no warranty can be given in this respect.
ii) no warranty can be given that the new paintwork will match existing
paintwork exactly
14.3 The warranties in 14.1 above are in addition to any other remedies the Customer
may have under the Contract but where applicable do not extend to cover defect,
arising from failure by the Customer to have the vehicle serviced in accordance with
the manufacturer's recommendations.
15.0 Notices
15.1 All written notices given by the Company to the Customer shall take effect 24 hours
after being despatched by the company in the normal course of post to the Customer
address.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CUSTOMER
SHUKERS LIMITED
REGISTERED OFFICE: 7 BATTLEFIELD ROAD, SHREWSBURY, SY1 4AE
REG No. 351322 ENGLAND. VAT No. 100 4016 54