TERMS AND CONDITIONS FOR AFTERSALES SERVICES
| ‘Company’ |
means the company providing the Goods/Services, as specified in the Estimate and which in all cases is a member of the Lookers Group of companies. |
| ‘Customer’ | means the person(s) requesting the Goods/Services, as specified in the Estimate. |
| ‘Estimate’ | means the estimate provided to the Customer describing the Goods/Services to be provided and the estimated Price of those Goods/Services. |
| ‘Goods’ | means any goods which the Company has agreed to supply, as specified in the Job Card, and any other goods which the Company supplies pursuant to any supplementary or additional work (as described in clause 2). |
| ‘Job Card’ | means the job card accompanying these terms and conditions. |
| Price | means the total price payable to the Company in respect of the Goods and Services, as described in clause 1.2. |
| ‘Routine Service’ | means routine maintenance services carried out to the Vehicle as part of a regular check-up carried out on the advice of the manufacturer (for example a service carried out at annual intervals or because the Vehicle has reached a certain mileage). |
| ‘Services’ | means any services which the Company has agreed to perform, as specified in the Job Card, and any other services which the Company performs as supplementary or additional work (as described in clause 2). |
| ‘Vehicle’ | means the vehicle in respect of which the aftersales services are performed, as specified in the Job Card. |
| ‘Warranty Work’ | means the supply of any Goods and the performance of any Services which the Customer is entitled to receive pursuant to the terms of a valid manufacturer warranty or as a result of a recall relating to the Vehicle. |
1. Price
1.1. The Customer agrees to pay for any Goods and Services listed in the Job Card and for any supplementary or additional Goods and Services authorised in accordance with clause 2.2 or 2.3.
1.2. Subject to clauses 1.3 to 1.6 below, the Price payable for the Goods and Services will be as follows:
(a) the Price for the Goods and Services listed in the Job Card will be the Price set out in the Estimate.
(b) where the Customer authorises any supplementary or additional Goods and Services in accordance with clause 2.2, the Price for those Goods and Services will be the Price notified to the Customer at the time that authorisation is requested; and
(c) where the Customer has pre-authorised the Company to proceed with any supplementary or additional Goods and Services without further authority in accordance with clause 2.3, the Price for those Goods and Services will be the standard price charged by the Company for Goods and Services of that nature.
1.3. Unless otherwise stated, all prices include VAT and are on the basis of the Customer delivering the Vehicle to and collecting the Vehicle from the Company's address as set out in the Job Card.
1.4. The Company reserves the right at any time to:
(a) increase the Price of the Goods if a price increase is imposed on the Company by its supplier; and/or
(b) increase the Price of the Services if the performance of the Services transpires to involve any complexities or issues which were not foreseen at the time the Price was quoted; and/or
(c) change the specification of the Goods where the supplier imposes such a change on the Company; and/or
(d) change the specification of the Services where further investigations identify that the Services originally proposed are unsuitable or will not result in the desired outcome.
Where the Company makes any changes in accordance with this clause 1.4, the Customer has the right to cancel under clause 6.1 below.
1.5. Where a Price is quoted for a Routine Service, this Price shall include only the carrying out of the Services and the supply of any Goods specified by the relevant manufacturer. Should any additional work. be requested (or identified during the performance of the Routine Service) then that work shall be separately chargeable in accordance with this clause 1.
1.6. No charge will be made for Warranty Work. Where the Customer wishes the Company to undertake Warranty Work:
(a) prior to signature of the Job Card, the Customer should notify the Company that the request relates to Warranty Work.
(b) the Company may give an initial indication as to whether the Goods or Services are likely to be covered by the warranty or recall, but this indication will not be binding on the Company.
(c) once the Company has had the opportunity to fully inspect the Vehicle, the Company shall make a final determination as to whether or not the Goods I Services are covered by the warranty or recall and, if so, shall proceed with the Warranty Work.
(d) if on inspection of the Vehicle the Company identifies that some or all of the Goods I Services requested do not constitute Warranty Work (for example because they fall within an exclusion from the warranty, the warranty terms have not been complied with or the warranty has been voided), the Company shall notify the Customer and shall request the Customer's approval to proceed at the Customer's cost; and
(e) if during the performance of the Warranty Work the Company identifies any supplementary or additional work. which is not Warranty Work, the Company shall act in accordance with the Customer's authority as described in clause 2.
1.7. Unless otherwise agreed in writing, the Customer must pay the Price in full upon collection of the Vehicle. Non-payment of the Price shall entitle the Company, in addition to any other legal remedies, at its option, to:
(a) retain the Vehicle until payment is received in full and charge a storage charge of £36 (including VAT) per day during such period where the Vehicle is retained; and/or
(b) remove from the Vehicle any Goods which it has fitted to or installed in the Vehicle; and/or
(c) cancel this agreement or to treat the same as being repudiated and (subject to the Company being obliged to reasonably reduce its loss) recover from the Customer all resulting loss and damage arising from non-payment of the Price, for example depreciation of any Goods supplied and loss of profits; and/or
(d) charge the Customer interest at 2% p.a. (calculated on a daily basis) over Barclay Bank PLC's base rate from the date on which payment becomes overdue until the date on which payment is made in full; and/or
(e) recover from the Customer the Price and the interest referred to in clause 1.7(d) despite the fact that the Vehicle has not been released to the Customer and property in the Goods has not yet passed to the Customer (provided that the Vehicle is made available for collection once the Price and interest has been recovered).
1.8. The Customer at all times has primary responsibility for paying the Price of the GoodsIServices (regardless of whether a third party has agreed to make payment of the Price on the Customer's behalf).
1.9. All references to payment mean payment in cleared funds in the Company’s bank account.
2. Authority for Works
2.1. By signing the Job Card, the Customer agrees to purchase any Goods described in the Job Card and authorises the Company to perform the Services described in the Job Card in respect of the Vehicle, including the fitting and installation of any Goods purchased.
2.2. Where the Customer indicates in the Job Card that further authority is required for supplementary or additional work, the Customer agrees to respond to any request for authority within a reasonable period of time and acknowledges that the Company can have no responsibility for any delay caused by the Customer's delay in providing authority. The Company shall be entitled to rely upon any authority given by the method specified in the Job Card and to proceed with the work in reliance upon this authority.
2.3. Where the Customer indicates in the Job Card that the Company may proceed with supplementary or additional work without further authority, the Customer also authorises the Company to perform such supplementary and additional Services in respect of the Vehicle (and supply such supplementary or additional Goods) as the Company may reasonably consider necessary or desirable to restore the Vehicle to (or enable the Vehicle to maintain) a safe, roadworthy and functional condition or which are required or recommended by the relevant manufacturer.
2.4. By authorising the Company to carry out any work (including to fit or install any Goods), the Customer confirms and represents to the Company that it has the proper authority to authorise such work. Where the Customer is not the owner of the Vehicle, it is the Customer's responsibility to ensure that it has the requisite consent from the Vehicle's owner.
3. Specification and Warranty
3.1. The Company shall provide the Goods and Services in accordance with the specification set out in the Job Card (save at the same may be modified by these conditions). Where supplementary or additional work is undertaken, the Goods and Services will be provided in accordance with the specification the Company reasonably determines, which will (where applicable) meet any specification approved by the Customer in accordance with clause 2.2.
3.2. Where the Services include a Routine Service, the Company will carry out that Routine Service in accordance with the relevant manufacturer's specification. The Customer is reminded that if the Vehicle is still covered by the manufacturer warranty, then the continuing validity of such warranty may be affected if the Vehicle is not serviced at the appropriate time and mileage intervals. The Customer is strongly advised to refer to the service handbook of the Vehicle for further information.
3.3. The Goods are sold with such warranty and/or guarantee as is provided by the manufacturer of the Goods, and the Customer hereby agrees to be bound by any conditions attaching to such warranty and/or guarantee. Where possible, details about the warranty and/or guarantee will be provided to the Customer before entry into the Agreement, or in any other case it will be provided on collection of the Vehicle.
3.4. The Services will be provided with reasonable care and skill.
3.5. Where the Customer deals as a consumer or is a consumer as defined in applicable legislation, the Customer has the benefit of the protection of such legislation. Where the Customer deals otherwise than as a consumer as defined in applicable legislation:
(a) all other conditions, warranties, stipulations, representations and statements (unless set out in the Job Card) whether express or implied by statute at common law or otherwise howsoever relating to the Goods I Services are hereby excluded to the fullest extent permitted by law unless the same has been made or agreed to in writing by a director or General Manager of the Company; and
(b) except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer or any third party for any direct or indirect loss whatsoever arising out of or in connection with the provision of the Goods I Services or its use of the Vehicle by the Customer or any third party, except as expressly provided in these conditions.
3.6. The Company shall not be liable to the Customer or be deemed to be in breach of this agreement by reason of any delay in performing or any failure to perform, any of the Company's obligations in relation to the Goods I Services, if such delay or failure was due to any cause beyond the Company's reasonable control.
3.7. The Company may carry out a supplementary vehicle health check of the Vehicle at no charge to the Customer. The Company makes no warranties, express or implied, in connection with this service. The Customer acknowledges that this service is a guide and should not be relied upon as a diagnosis of the Vehicle. To the maximum extent permitted by law, the Company accepts no liability for any direct, indirect, incidental or consequential loss arising from the use of this service.
4. Delivery/Risk/Title
4.1. Unless otherwise agreed, the Customer shall deliver the Vehicle to the Company's address stated in the Job Card. The Company shall be responsible for the Vehicle from the later of a) the Customer’s signature of the Job Card and (b) the Customer handing the key or fob to the Company’s representative.
4.2. The Company shall make the Vehicle available for collection at the Company's address or, where stated in the Job Card, shall deliver the Vehicle to the Customer at the agreed location. Any dates/times quoted for delivery/collection are approximate only, but the Company will seek to make the Vehicle available for collection or deliver the Vehicle as on the quoted collection/delivery date and time or within a reasonable time period after that date and time. The Company shall notify the Customer in the event that there is a delay in making the Vehicle available for collection/delivery. Any delivery charges will be stated in the Job Card.
4.3. Upon collection/delivery of the Vehicle, the Customer shall inspect the Vehicle and review the completed Job Card and in the event of any query, concern or other issue shall raise this with the Company representative responsible for returning the Vehicle. If the representative cannot immediately resolve the issue, the Customer shall ensure that it is noted on the Job Card. The Customer shall then sign the Job Card to acknowledge that the work has been completed, and the Vehicle returned (subject to any issues noted on the Job Card).
4.4. In addition to any other remedy contained in this agreement, the Company shall be entitled to levy storage charges of £36 (including VAT) per day after having given reasonable notice to the Customer that the Vehicle is ready for collection if the Customer fails to collect it.
4.5. Ownership of the Vehicle remains with Customer (or applicable third-party owner) at all times.
4.6. Risk in the Vehicle and any Goods shall pass to the Customer on collection/delivery (as applicable).
5. Returns
5.1. If the Customer believes that there is any defect or other deficiency in the Goods or Services, it must inform the Company as soon as it becomes aware of the issue and provide as much information as reasonably possible to enable the Company to identify the issue and required resolution.
5.2. Where the Company reasonably believes that the report indicates a potential issue with the Goods or Services, it will offer an appointment at the Company's address to inspect the Vehicle, identify whether there is an issue and, if any defect or deficiency in the Goods or Services is identified, to remedy that defect or deficiency.
5.3. If the inspection described in clause 5.2 identifies that there is no defect or deficiency in the Goods or Services, or that the defect or deficiency is not the Company's responsibility (for example where the issue has been caused after the Vehicle was collected), the Company will be entitled to make a reasonable charge for the inspection and for any remedial work required.
5.4. The Customer must not return the Vehicle to the Company other than in accordance with this clause 5 or its other legal rights. If notwithstanding this the Customer does return the Vehicle and the Company does not accept the return, the Company may charge storage for any period of time that the Vehicle is left on the Company's premises. The storage charge for vehicles is £36 (including VAT) per day. The Company does not accept any liability for such Vehicle unless any loss is a direct result of the Company's negligence.
5.5. Where the Customer deals as a consumer or is a consumer as defined in applicable legislation, the provisions of this clause 5 are additional to, and do not override or replace, any rights the Customer otherwise has in law.
6. Cancellation
6.1. The Customer has the right to cancel this Agreement following notification by the Company of any of the changes described in clause 1.4. This right shall lapse on the Customer's verbal or written acceptance of the change.
6.2. The Customer also has the right to cancel this Agreement in the event of any expected delay in completion of the Services of more than 30 days from the estimated or quoted collection or delivery date.
6.3. The Company shall have the right to cancel this agreement within 14 days of receipt of notification from its supplier that the supplier is not able to supply any required Goods, in which event it shall notify the Customer in writing of such cancellation.
6.4. Where the Customer is a consumer who books the Services via an off-premises or distance contract (for example online or by phone) the Customer also has the legal right to cancel the agreement within 14 days of the date of the agreement. The Customer may nevertheless request that the Services be
performed within this 14-day cancellation period, provided that in such case the Customer acknowledges that if it cancels the agreement after work has commenced it will be required to make partial payment as described in clause 6.5.
6.5. Following cancellation in the circumstances set out in clauses 6.1 to 6.4 above, the Company shall refund any pre-payment or other sum paid by the Customer to the Company and no further amount shall be payable, unless the Company has been able to effect partial delivery of the Goods I Services, in which case the Company shall be entitled to charge for the parts of the Goods I Services actually delivered. The Company shall not otherwise be liable to the Customer in such circumstances.
7. General
7.1. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing sent by post or by fax addressed to that other party at the address set out overleaf.
7.2. No acceptance by the Company of any breach of a provision by the Customer shall be regarded as an acceptance of any breach of the whole or any other part of this agreement, nor shall such acceptance be deemed or construed as a variation of the terms of this agreement.
7.3. A waiver of any right or remedy under this agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
7.4. A person who is not a party to this agreement shall not have any rights under or in connection with it.
7.5. Except as set out in herein, any variation to this agreement, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by a director or General Manager of the Company.
7.6. If any provision of the agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of the agreement and the remainder of the affected provisions shall continue to be valid.
7.7. If the Customer is resident in England or Wales (or any other country except Scotland or Northern Ireland), the construction validity and performance of this agreement and all matters pertaining thereto shall be governed in all respects by English law. This means this agreement and any dispute or claim arising out of or in connection with it will be governed by English law and the Company and the Customer both agree that the courts of England and Wales will have non-exclusive jurisdiction. If the Customer is resident in Northern Ireland, the laws of Northern Ireland shall apply instead and the Customer or the Company may bring proceedings in Northern Ireland. If the Customer is resident in Scotland the laws of Scotland shall apply instead, and the Customer or the Company may bring proceedings in Scotland.
7.8. In the unlikely event that the Customer has a complaint about the Goods, the Services or this agreement in general, the Customer should in the first instance seek to resolve the complaint with the dealership at which the Services are to be performed. If the complaint cannot be resolved at this level, then full details of the complaint should be sent to Complaints, , Lookers House, 1st Floor, Lookers Stoke, Radial Park, Bede Road, Stoke-on-Trent, ST4 4GU. Alternatively, if the Customer has a complaint in relation to something that the Company did or did not do when introducing the Customer to a finance company, or anything ancillary that the Company did in relation to such an introduction, the Customer may be able to complain to the Financial Ombudsman Service (financial-ombudsman.org.uk). For further details, our Complaints Handling Policy can be found at www.lookers.co.uk.
8. Data Protection and Privacy
8.1. The Company may collect and process the Customer's data (including personal data as defined in the General Data Protection Regulation) to allow the fulfilment of the Services and its other obligations under this agreement.
8.2. The Company may also process the Customer's personal data where it has obtained the Customer's express consent to do so, where it is necessary to protect the Customer's vital interests, where it is necessary for compliance with legal obligations or where it otherwise has a legitimate interest in doing so.
8.3. The Company may disclose anonymised and aggregated information about its customers to third parties, such as advertisers, to allow them to select and send relevant adverts to its customers and others. The Company may also use such aggregate information to help advertisers reach the kind of audience they want to target.
8.4. The Company is a member of the Lookers Group and may disclose the Customer's personal data and information to any other member of the Lookers Group, which means Lookers Limited and its subsidiaries, as defined in section 1159 Companies Act 2006.
8.5. The Company may transfer the personal data and information it holds about its Customers to vehicle manufacturers, finance providers and brokers and third-party providers of value-added services. These entities may be located outside the EEA. The Company takes all steps reasonably necessary to ensure that such Customer personal data is treated securely.
8.6. The Company may disclose the Customer's personal data and information to third parties other than those detailed above:
(a) in the event that the Company sells or buys any business or assets, in which case it may disclose the Customer's personal data to the prospective seller or buyer of such business or assets.
(b) if the Company is under a duty to disclose or share the Customer's personal data in order to comply with a legal obligation, or in order to enforce or apply its terms and conditions of supply and other agreements, or to protect the rights, property or safety of any member of the Lookers Limited group (including the Company), its customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; or
(c) in the event that the Company outsources certain of its service requirements to third parties, such as hosting or IT support and maintenance services. In this event, the Company shall take all steps reasonably necessary to ensure that any processing undertaken by such third parties is solely as regards the provision to the Company of the outsourced services.
8.7. For more information about the types of personal data that the Company may process, the processing activities it may undertake, the circumstances in which it may disclose that personal data and the Customer's rights in respect of the personal data held by the Company and the processing activities undertaken by it please see the Lookers Group privacy notice available at lookers.co.uk/privacy notice.
