Sparks Commercial Services Ltd (including Sparks Commercials Swindon Ltd, Sparks Commercials Poole Ltd and Sparks Commercials Portsmouth Ltd, Sparks Commercials Exeter Ltd), (hereinafter called ‘the Company’) accept vehicles (hereinafter defined) for repair, for examination with a view to estimating for repairs, for garaging or pending sale for any other purpose only on and subject to the following terms and conditions (in addition to any conditions stated on the face hereof).
- 1. Estimates are effective only for 28 day after dispatch, if instructions are not received from a customer (in response to an estimate rendered) within 26 days from dispatch of the estimate, the Company may charge its usual garage rates from the date the vehicle was received until its collection. (Note: The Company does not as a general rule make any such charge for garaging, pending instructions, if the repairs are ultimately carried out by the Company and duly paid for).
- 2.
- (i) All prices quoted by the Company are based on the current cost to the Company of labour, material and spare parts at the date of quotation, and in the event of any variation occurring before or after acceptance the Company may if it thinks fit require the customer to pay on completion of the work any increase due to such variation.
- (ii) If no price is quoted or if part only of the work covered by the quotation is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
- (iii) If in the opinion of the Company it is impracticable for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that a quotation may have been given therefor) and to carry out only such work as in the opinion of the Company may be practicable.
- 3. Variation of any kind in the estimate, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in torte, but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a “deviation from the contract, nor shall any such act disentitle the Company to the benefit of any of these Conditions.
- 4. Every endeavor will be made to carry out the work by the time desired, but the Company shall not be liable for delay howsoever occasioned and this notwithstanding that a definite date for completion may be specified.
- 5. Any work done or goods supplied in relation to a vehicle, by the order of any driver in the customer’s employ, or by any person who is reasonably believed to be acting as the customer’s agent, or by the order of any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the customer.
- 6. Payment for all repairs and or spare parts supplied is due on completion of work, but the Company may demand a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions when notice has been given that the vehicle is ready for delivery.
- 7. The Company has a general lien on a vehicle and all its contents for all monies owing to the Company on any account whatsoever. All parts fitted to a vehicle remain the property of the Company until paid in full. The Company shall be entitled to charge garage rent during period in which the vehicle is retained by virtue of the lien.
- 8. If the customer’s indebtedness to the Company be not satisfied within twelve months from first account rendered to the customer, the Company may. Without notice, sell the vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of sale shall be applied towards satisfying monies due from the customer to the Company, arid any balance shall be held by the Company in trust for the customer.
- 9. Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same the Company shall not be responsible on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time, connected with the customer.
- 10. If a vehicle is not collected, and the Company’s charges are not paid, within 24 hours after the completion/delivery time, the Company may charge its current storage rental at £12.00 per day in respect of the vehicle from its period of readiness until collection or disposal under Condition 8 hereof or as the case may be.
- 11. In connection with any inspection, repair or contemplated repair, or other purposes for which a vehicle is accepted by the Company, testing, taking the vehicle to the coachbuilders or other specialists, demonstrations, etc. the customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.
- 12. The Company is not responsible for loss or damage to vehicles or other property whatsoever however occasioned, except when such loss or damage is caused by the negligence or deliberate act of the Company or its servants. Under no circumstances, will the Company accept liability for any indirect or consequential loss or damage.
- 13. While exercising care to utilise the best quality spare parts or other components or material for the time being available, the Company accepts no responsibility for the same. The customer shall, however, be entitled to any warranty to which the Company is entitled to from the manufacturer or any sub-contractor. All work carried out by the Company is warranted against failure due to defective workmanship for a period of three months/3000 miles, whichever occurs first. This warranty extends only to the repairs actually undertaken and does not cover progressive fault diagnosis.
- 14. All parts removed by the Company in the course of a repair shall, if not claimed by the customer within 14 days after the completion of the repair be deemed to be wholly abandoned to the Company and they shall become the Company’s absolute property accordingly.
- 15. Any notice to the customer posted to his last known address, shall be considered by the Company as good notice.
- 16. Save where the context forbids, the expression “vehicle” wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle, and, as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery and each and every component of a vehicle.
- 17. No alteration or qualification of these printed conditions shall be effective unless in writing signed on behalf of the Company by a Director or duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed conditions or to enter any contract for repair for any of the purposes set out in the preamble above on behalf of the Company otherwise than on such conditions.
- 18. Unless otherwise stated, all service work undertaken is carried out in accordance with the Manufacturer’s schedule.
- 19. Credit account payment terms are strictly 30 days from date of invoice.
NOTICE
Customers are advised to insure against all risks as the Company’s rates for garaging, repairing and other services are based on the Company being relieved by the customers from all liability other than the negligence or deliberate act of the Company or its servants in relation to vehicles (as defined in Condition 16 above), accessories or contents, both to the customer and to third parties. It is the customer’s responsibility to ensure that vehicles are free from objects which could cause damage through tilting the cab to gain access. No responsibility whatsoever will be accepted by the Company.
By signing a ‘credit account for a business’ application form, you hereby confirm that the information given is correct, and that you will notify Sparks Commercial Services Limited in writing of any subsequent amendments there to. In addition you confirm that you have read the terms and conditions of sales and agree to abide by our standard terms and conditions of sale. Sparks Commercial Services Limited reserves the right to terminate this Agreement for credit forthwith without notice upon a breach by the customer of any terms and conditions and all amounts then outstanding will become due forthwith. Thereafter interest will be charged on a daily basis until the account is paid in full.
Data Protection Act 1998
In returning an application form you accept that we will make a search with a credit reference agency and may share that information with other businesses for credit control purposes. We may also make enquiries about the principal director/proprietors with a credit reference agency. We will monitor and record information relating to your trade credit performance and such records may be made available to other organisations to assess applications for credit. Information will also be used for re-assessing credit worthiness and any assistance in the collection of outstanding monies.