Terms & Conditions

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  General  - Terms and Conditions
   
 

We M.J.Steptoe Motor Engineers (hereinafter called the ‘Company’) accept vehicles (as hereinafter defined) for repair, for examination with a view to estimating for repairs, for garaging or pending sale or for any other purpose, only and subject to the following terms and conditions (in addition to any conditions stated on the face here of):-

1)       Estimates are effective only for 14 days after dispatch. If instructions are not received from a customer (in response to an estimate rendered) within 28 days from dispatch of the estimate, the Company may change 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 the garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for.)

2)       (i) All estimates by the Company are based on the current cost to the Company of labour, materials and spare parts at the date of estimate 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. Customers consent will be sought prior to additional repairs being carried out or costs being incurred.

(ii) If no price is stated or if part only or the work covered by the estimate 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 impractical for any reason to carry out any of the work it has been instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given therefore) 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 of separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a ‘deviation from the contact’, nor shall any such act disentitle the Company to the benefit of any of these Conditions.

4)       The customer has the right to cancel at any time prior to booking, this will not normally incur a charge unless parts or sub contracted Garage Services have been specially ordered or arranged in which case a handling fee may apply. (In some cases i.e. dealer ordered parts, full parts cost may be required if items are non returnable). If cancellation occurs after work has commenced the customer will be responsible for all costs up to the point of cancellation. (We will endeavour to keep costs to a minimum). A delay in vehicle collection of more than 24hrs will incur storage fees of £20.00 + VAT per day.

5)       Every endeavour will be made to carry out the work by the time desired, but the Company shall not be liable for any delay howsoever occasioned and this not withstanding that a definite date for completion may be specified.

6)       The company retains the right to cancel a booking at anytime. The customer will be entitled to redress for any out of pocket expenses incurred. (This will only apply if cancellation is due to booking error and not for occurrences out of the companies control, i.e. if the loan car is not available).

7)       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.

8)       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 collection.

9)       The Company shall have a general lien on a vehicle and all its contents for all monies owning to the Company by the Customer on any account whatsoever. The Company shall be entitled to charge garage rent during any period in which the vehicle is retained by virtue or the lien.

10)   If the Customer’s indebtedness to the Company is not satisfied within one month from the 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 the sale shall be applied towards satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand.

11)   Where in any case a driver who, so far as the Company is aware, has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss or damage resulting, on the ground 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 them, or to have been at some time connected to the Customer.

12)   If a vehicle is not collected, and the Company’s charges are not paid within 24 hours after the delivery of the vehicle to the Company, the Company may charge its current storage rent at £20 + VAT per day in respect of the vehicle from the date of completion of the repairs until collection or disposal under Section 8 hereof or as the case may be.

13)   In connection with any inspection, 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.

14)   Except in the case of a consumer transactions the Company is not responsible for loss or damage to vehicles or other property whatsoever.

15)   The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied for any sub-contractor. In the unlikely event of a replaced part failing due to incorrect fitment or the part itself being faulty, M.J.Steptoe Motor Engineers offer the added reassurance of free parts and labour for replacement within 12 months or 12000 miles commencing from the date of original fitment, whichever is earlier. This can be carried out either by M.J.Steptoe Motor Engineers who undertook the repair or any other participating Unipart Car Care Centre throughout the UK, each of which has agreed to offer the same guarantee. Your statutory rights are not affected.

16)   All parts removed by the Company in the course of repair shall, if not claimed by the Customer as per the instructions on the work authorisation sheet after the completion if the repair be deemed to be wholly abandoned to the Company and they shall become the Company’s absolute property accordingly.

17)   Any notice to the customer posted to his last known address shall be good notice.

18)   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.

19)   No alteration or qualification or these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company by M.J Steptoe or a duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed conditions of to enter into any contract for repair for any of the purposed set out in the preamble above on behalf of the Company otherwise than on such conditions.

20)   Data Protection Act 1998. Any data collected within the Company will not be disclosed to any external sources without your express written consent.

21)   If courtesy vehicles are available they may be offered on the understanding that customers hold a full UK driving licence and are between the ages as per the loan car sheet.  If insurance is not transferred to the customers own policy and the company excess at that time will apply. A Courtesy car loan sheet must be completed and the vehicle condition noted before and after return and a copy of the licence taken.

22)   Payment is due on collection of the vehicle either by credit or debit card. Cash can also be accepted up to a maximum of £9,000.

 

Notice

Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on company’s premises since the company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by a lack of reasonable care on the part of the company.

 
   
  Cars Sales - Terms and Conditions
 

1. Save as expressly provided in these conditions and the written contract between the parties, and except in the case of Consumer Sales (as defined by the Sale of Goods Act 1979), or in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer and all warranties, conditions or other terms implied by statute or common law as to the quality of the goods or their fitness for purpose are hereby excluded to the fullest extent permitted by law. Where the goods are sold under a Consumer Sale, the statutory rights of the Buyer are not affected by these Conditions.

2. Orders for Goods, and offers of part exchange allowances for any used motor vehicle, must be confirmed in writing by the Seller and accepted by the Purchaser, subject in either case to these Conditions, which shall govern the Contract. No variation to these Conditions shall be binding unless agreed in writing by the Seller.

3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods or part exchange allowances unless confirmed by the Seller in writing. In entering into the Contract the Purchaser acknowledges that he does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

4. Subject as hereinafter provided, no order which has been accepted may be cancelled by the Purchaser except with the written consent of the Seller and subject to the Purchaser indemnifying the Seller in full against all loss (including loss of profit), costs (including the cost of any labour and materials), damages, charges and expenses incurred by the Seller.

5. If within 14 days of receipt of written notification from the Seller that the Goods are ready for delivery the Purchaser fails to take or pay for the Goods, then, without prejudice to any other rights it may possess, the Seller may cancel the Contract, appropriate any deposit paid for the Goods and charge the Purchaser interest on the unpaid at the rate 4% above the base rate of The Royal Bank of Scotland Plc from time to time until payment is made.

6. Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the Goods or payment in full for the Goods, whichever is the sooner.

7. Notwithstanding the provisions of Clause 6 the property in the Goods shall not pass to the Purchaser until the Seller has received full payment for the Goods together with delivery of the used vehicle (if any) offered by the Purchaser in part exchange.

8. Until such time as the property in the Goods passes to the Purchaser, the Seller shall be entitled at any time to require the Purchaser to deliver up the Goods and if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess them.

9. Any estimated date quoted for delivery of the Goods is approximate only and the Seller shall not be liable for any loss suffered by the Purchaser arising from any delay in delivery of the Goods, howsoever caused, subject to the following:

(a) If the Seller has failed to deliver the Goods within 21 days of the estimated date of delivery, the Purchaser may by written notice to the Seller make time of the essence, and
(b) If the Seller fails to deliver the Goods within 7 days of receipt of the Purchaser’s written notice the contract may be cancelled at the option of either party, whereupon the deposit (if any) paid by the Purchaser shall be refunded in full but without interest.
10. In the event of the Seller accepting delivery from the Purchaser of a used motor vehicle as part allowance of the price of the Goods, such allowance is given and received, and such used vehicle is hereby agreed to be delivered and accepted upon the following conditions:-

(a) (i) that such vehicle is the absolute property of the Purchaser free from all
encumbrances; or
(ii) that such vehicle is the subject of a hire purchase or other encumbrance or encumbrances capable of discharge by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in discharge of the encumbrance or encumbrances.
(b) Fair wear and tear excepted, the Purchaser shall deliver the said used vehicle to the Seller in the same condition as at the Seller’s examination of it or acceptance of it prior to confirmation and acceptance of this order, and
(c) such used vehicle shall be delivered to the Seller within 14 days of written notification to the Purchaser that the Goods are ready for delivery and upon delivery property and risk in the said used vehicle shall pass to the Seller.
(d) if through no default on the part of the Seller the Goods shall not be delivered to the Purchaser within either 30 days from the date of Order or the estimated delivery date whichever is the later date, the allowance granted by the Seller on the used vehicle shall be reduced by an amount of 2.5% for each complete period of 30days from the date mentioned above until the delivery of the Goods.

11. Failure by the Purchaser to comply with the foregoing Conditions (other than 10(d)) entitles the Seller to be discharged from its obligation to accept the said used vehicle or make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the Goods to be supplied by the Seller.

12. Notwithstanding the provisions of this Agreement the Purchaser may before the expiry of 7 days following receipt by him of notification that the Goods are ready for delivery, arrange for a finance company to purchase the Goods from the Seller at the price payable hereunder. Upon the purchase of the Goods by such finance company, the preceding clauses of this Agreement shall cease to have effect but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser pursuant and subject to Clause 10 shall be bought by the Seller at a price equal to such allowance and the Seller shall account to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this Agreement.

13. If the Goods to be supplied by the Seller are new, the following provisions shall have effect:
(a) The Seller undertakes that it will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that it will use its best endeavours to obtain from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by it to the Seller or Purchaser;
(b) Notwithstanding the sum of Car Tax and Valued Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally to pay at the time the taxable supply occurs;
(c) If after the date of this order and before delivery of the Goods to the Purchaser the Manufacturer’s or Concessionaire’s recommended price for the Goods shall be altered , the Seller shall give written notice of such alteration to the Purchaser and:-
(i) if the alteration increases the price of the Goods and this increase will be passed to the Purchaser, the Purchaser shall have the right to cancel the contract within 14 days of the receipt by him of such notice, failing which such increase shall be added to the contract price of the Goods;
(d) In the event of the Manufacturer of the Goods described in the order ceasing to make goods of that type or specification then (whether the estimated delivery date has passed or not) the Sellers may at any time by notice in writing to the Purchaser cancel the Contract.

14. If the Goods are to be supplied by the Seller as roadworthy used goods at the date of delivery and sale of such goods is a Consumer Sale, the following provisions shall have effect:-
(i) The Goods are sold subject to any conditions or warranties implied by the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994).
(ii) Prior to signing this order form the Purchaser shall examine the vehicle and check the items set out in the Purchaser’s Certificate of Examination overleaf. S14(2) of the Sale of Goods Act 1979 (as amended) (satisfactory quality) does not operate in relation to those defects which examination ought to reveal, nor to any defect notified by the Seller to the Purchaser prior to the signing of this Contract.

 


           
 

 

 

           
 

Trading Office: M J Steptoe Motor Vehicle Engineers 42-46, Ness Road, Shoeburyness, Essex, SS3 9DF
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