TERMS AND CONDITIONS.
In these Terms, the following definitions apply:
“Charges” – means Armson AE’s standard scale of charges for the services
from time to time in force (including any reasonable storage costs
Which may be specified by Armson AE).
“Contract” – means the contract for the provision of the services.
“Customer” – means the person named as such on the job card or their representative who has authority to make binding decisions on their behalf.
“Job card” – means the sheet to which these terms are attached.
“Loss” – means in relation to the customer, loss or profit, or any other loss, damages, costs or other compensation and any legal or other expenses awarded against or incurred by or paid or agreed to be paid in settlement of any claim by the customer, however the same may arise and whether occasioned by the negligence of Armson AE, it employees, agents or otherwise.
“Parts” – means parts and/or replacement components supplied by Armson AE in connection with the services.
“Services” – means the vehicle inspection, repair and/or maintenance services specified on the job card and includes the provision of parts and any additional services agreed between Armson AE and the customer
“These terms” – means the terms and conditions for the supply of services set out in this document.
2. The Contract
2.1 These Terms, together with the details on the job card, apply
to the supply of the Services by Armson AE. No changes to
these Terms shall be valid unless confirmed in writing by a
director of Armson AE. Any changes to the details on the job
card must be agreed by the customer and Armson AE.
2.2 Armson AE may change these terms without notice to the
customer in relation to the provision of the services.
2.3 No contract exists between the customer and Armson AE for
the supply of the services until Armson AE has received and
accepted the customers signed copy of the job card or when
Armson AE has otherwise approved the job card. Once Armson AE
does so, there is a binding legal contract between Armson AE and
2.4 The customer may cancel the contract only with the
agreement of Armson AE and provided that the customer
shall pay to Armson AE any outstanding charges and other
costs and expenses incurred by Armson AE up to and as a
result of the cancellation.
3.1 Subject to clause 3.3 and any special terms agreed by Armson AE, the customer shall pay the charges and any additional sums which are agreed between Armson AE and the customer for the provision of the services. Payment of the charges can be made by any method shown on the job card. Subject to clause 3.3 where Armson AE agrees to provide an estimate of the charges, the customer acknowledges that this is an approximation of the charges and is therefore subject to change.
3.2 The charges are payable in full by the customer on collection or delivery of the vehicle. Where Armson AE has agreed in writing a credit facility with the customer, the customer shall pay in accordance with their agreed credit terms.
3.3 The customer acknowledges that Armson AE reserves the right to increase the charges where:
3.3.1 on inspection, additional services not referred to on the job card are found to be necessary in relation to the customer’s vehicle; and/or
3.3.2 the cost to Armson AE of any of the parts and/or services increases before completion of the services, provided that where the chares man be increased by a material amount, Armson AE shall obtain the customers permission prior to continuing the services.
3.4 Armson AE reserves the right to charge the customer (in order to cover its own costs), reasonable storage and other costs where the customer fails to collect its vehicle either on the date specified on the job card, or immediately following notification of the completion of the services by Armson AE.
3.5 Time for payment shall be of the essence of the contract. If the customer fails to pay on the due date any payment due to Armson AE under the contract, without limiting clauses 5.1 and 5.2, that amount shall bear interest from the due date until payment is made to Armson AE (both before and after any judgement) at 8% per annum over the bank of England’s base rate from time to time.
4. Right to lien
4.1 Armson AE has a lien over the parts supplied and the customer’s vehicle until the charges have been paid by the customer in full and any payment presented has cleared.
4.2 Where the customer fails to pay any of the charges within 90 days of the due date for payment Armson AE has the right to
4.2.1 put any of the goods described in clause 4.1 into a saleable state;
4.2.2 sell such goods upon such terms as Armson AE sees fit; and
4.2.3 retain the proceeds of the sale a sufficient amount to pay all monies due from the customer, including any costs incurred in putting such goods into a saleable state and the expenses of the sale.
4.3 Where Armson AE exercises its right in clause 4, it shall first notify the customer (at the address on the job card) of its intention to sell the vehicle and shall forward the balance of the sale proceeds to the customer (at the address on the job card)
5.1 Armson AE shall be entitled to terminate the contract forthwith by giving written notice to the customer if any sum payable by the customer to Armson AE under the contract is not paid on the due date.
5.2 Either party may, without limiting any other right, terminate the contract by giving written notice to the other party if:
5.2.1 the other party commits any continuing or material breach of any of these Terms and fails to remedy the breach within 14 days after receipt of a notice giving details of the breach and requiring it to be remedied; or
5.2.2 the other party becomes bankrupt, goes into liquidation or administration, makes any arrangement or composition with his or its creditors, or a receiver or administrative receiver is appointed over any of the assets of the other party.
5.3 For the purpose of clause 5.2.1, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided that time of performance is not of essence).
5.4 Termination of the contract will not affect either party’s outstanding rights or duties, including Armson AE’s right to recover any money owing to it under these terms.
6.1 Armson AE shall endeavour to transfer to the customer the benefit of any warranty or guarantee given to Armson AE by the manufacturer of any of the parts.
6.2 Armson AE warrants that the parts shall be free from material defects and that the services shall be carried out with reasonable skill and care. Armson AE does not give any warranty that the performance of the services will result in the vehicle achieving any particular performance criteria and/or not requiring any future work. Armson AE shall not be liable for breach of warranty in this clause 6.2 unless written notice of this breach is given to Armson AE within a period of 3 months or 3000 miles, whichever occurs earliest, from the date the services are complete (“warranty period”).
6.3 Armson AE shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal operating/driving conditions, improper use, failure to follow Armson AE’s or the manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair without Armson AE’s approval.
6.4 Subject to clause 6.3, if any of the parts supplied do not conform with the warranty in clause 6.2, Armson AE shall at its option repair or replace such parts (or the defective part) or refund the price of such parts.
6.5 Where the services do not conform with the warranty in clause 6.2, Armson AE shall at its option, perform again any part of such services or refund the price paid by the customer for such services.
6.6 If Armson AE complies with clause 6.4, it shall have no further liability for a breach of the warranty in clause 6.2 in relation to parts and if it complies with clause 6.5, it shall have no further liability for breach of the warranty in clause 6.5 in relation to services.
6.7 Any goods replaced shall belong to Armson AE and any repaired or replacement parts shall be guaranteed on the terms in clause 6 for the unexpired portion of the warranty period.
7.1 Armson AE shall have no liability to the customer for loss of profit, loss of business or any indirect, special or consequential loss of the customer arising out of or in connection with provision of any of the parts or the services or any delay in providing or failure to provide any of the parts or services under the contract and the total liability of Armson AE for any other loss of the customer shall not exceed the charges payable by the customer for the services.
7.2 Armson AE shall have no liability to the customer for any loss arising from any information or instructions supplied by the customer, which is, or are incomplete, incorrect or inaccurate.
7.3 Armson AE shall have no liability to the customer by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the services, if the delay or failure was due to an act of god, was, terrorism, power failure, or any other cause beyond Armson AE’s reasonable control, including the non-delivery or by delay relating to the availability of any parts or other services.
7.4 Armson AE shall have no liability for any loss in relation to any of the customer’s property left inside the customer’s vehicle. Armson AE recommends that the customer removes any such items of value from its vehicle prior to the commencement of the services.
7.5 Armson AE shall have no liability for any loss occasioned by the release of the customer’s vehicle to any person(s) who pays any of the charges where such person(s) shall have held themselves out as duly vehicle.
7.6 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
Statutory rights where the customer is a consumer. Advice about your statutory rights is available from your local citizen’s advice bureau or trading standards office.
7.8 Nothing in these terms limits or excludes the liability of Armson AE for death or personal injury resulting from its negligence.
8.1 Armson AE may perform any of the obligations undertaken by it and exercise any of the rights granted to it under the contract through any other company which at the relevant time is its holding company or subsidiary (as defined by section 1159 of the companies act 2006 as amended from time to time) or the subsidiary of any such holding company.
8.2 Subject to the customers consent (which shall not be unreasonably withheld), Armson AE may carry out its obligations under the contract through any agents or sub-contractors appointed by it in its absolute discretion for that purpose.
8.3 This contract is personal to the customer and the customer may not, without the written consent of Armson AE, assign, mortgage, charge or dispose of any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder.
8.4 If any court or competent authority decides that any of the provision of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
8.5 Failure or delay by Armson AE in enforcing or partially enforcing any provision of the contract shall not be constructed as a waiver of any of its rights under the contract.
8.6 Any waiver by Armson AE of any breach of, or a default under, any provision of the contract by the customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms if the contract.
8.7 Nothing in the contract gives any right to any third party to enforce any provision under the contracts (rights of third parties) act 1999 or otherwise.
8.8 Any notice required to be given under this contract shall be in writing and shall be delivered personally, or sent by pre-paid first class post or recorded delivery to each party required to receive the notice to the address shown on the job card. Where the notice is sent by first class post or recorded delivery, it shall be deemed to have been duly received on the second working day after posting. A “working day” means any day other than Saturday or Sunday or a public bank holiday.
8.9 These terms and the contract will be subject to English law, and the English courts will have exclusive jurisdiction is respect of any dispute arising from the contract. Where the customer is a consumer the English courts shall have non-exclusive jurisdiction in respect of any dispute arising from the contract.