TERMS AND CONDITIONS OF BUSINESS

GPM Motor Services Sole Trader Mobile Service & Repair

Consumer Transactions Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Supply of Goods and Services Act 1982, The Sale of Goods Act 1979, The Unfair Contract Terms Act 1977 or The Consumer Protection Act 1987 or any amendments thereof or statutory additions thereto.

In these Terms and Conditions: Contract Shall mean the contract between the sole trader and the Customer GPM Motor Services Shall mean GPM Motor Services Mobile mechanic or any subsidiary or associated company thereof Customer Shall mean the person, firm or company identified in or by means of the Contract as authorising contracted works, goods or services.

1. Formation of Contract All works will be undertaken and all goods supplied by the Company subject to these terms and conditions and, subject to the statement on Consumer Transactions above, no other terms, conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an authorised representative of the Sole trader.

2. Quotations and Estimates GPM Motor Services shall only be bound by prices quoted in writing and for a specified time. Where GPM Motor Services provides a quotation to a Customer, that quotation shall be available for acceptance by the Customer for a maximum period of fourteen days, unless otherwise expressly agreed in writing by an authorised representative of the Sole trader. The Sole trader may by written or oral notice withdraw any quotation at any time prior to the Customer’s acceptance. Where GPM Motor Services provides the Customer with an estimate for any works to be undertaken or goods supplied, such estimate shall be provisional only and will be subject to variation in the price of parts, materials, labour or other costs and charges where any such may increase between the date of estimate and the completion of the works or the supply of the goods by GPM Motor Services. Furthermore, in the case of service and repair, any estimate will also be dependent upon any further works or parts identified as being necessary by GPM Motor Services. GPM Motor Services reserves the right to make a charge with respect to any estimate provided to a Customer or their authorised agent.

3 VAT GPM Motor Services is not VAT Registered

4. Payment Unless otherwise agreed in writing, the Customer must pay for all repairs, services, parts, accessories or other goods in full at or before collection. Unless a cheque is supported by a banker’s card GPM Motor Services may refuse to release the Customer’s vehicle or ordered goods until the cheque has been cleared. No disputes arising under the Contract, nor delays beyond the reasonable control of GPM Motor Services, shall interfere with prompt payment in full by the Customer. GPM Motor Services, without prejudice to any other rights, reserves the right to charge interest on overdue accounts at the rate of 2.5% above the minimum lending rate of the GPM Motor Services bankers applicable from time to time.

5. Deposit GPM Motor Services reserves the right to require the Customer to pay a deposit on the ordering of goods or contracting for services, such deposit to be determined by GPM Motor Services of order or contract. If the Customer shall fail to pay for the goods or services as supplied by GPM Motor Services within 7 days of notification that the same are available for collection or supply, GPM Motor Services shall be entitled to treat the Contract as repudiated by the Customer. In this event GPM Motor Services may retain any deposit or part thereof without prejudice to GPM Motor Services rights to recover from the Customer by way of damages any loss or expense which GPM Motor Services may suffer or incur by reason of the Customer’s default and GPM Motor Services shall be entitled to dispose of any parts or accessories as they shall think fit and shall not be under any liability to account to the Customer for the price received for such goods or for the said deposit.

6. Vehicle Safety GPM Motor Services reserves the right to refuse to carry out any repairs, servicing or other works on any vehicle which, in their sole opinion, they consider to be un-roadworthy or unsafe. Furthermore, GPM Motor Services may refuse to carry out any works, which may, in their sole opinion, render a vehicle unsafe or which may otherwise have a detrimental effect on other parts of the vehicle. GPM Motor Services reserves the absolute right to refuse to hand back to the Customer any vehicle, which it considers, in its sole opinion, to be un-roadworthy or unsafe and where it has reasonable cause to believe that such vehicle may be used on the public highway. Where GPM Motor Services is undertaking works for the Customer and identifies, in its sole opinion, a need for further essential safety related repair, the Customer will be advised accordingly. Should the Customer refuse to authorise such further repair, GPM Motor Services reserves the right to arrange for the vehicle to be transported to the Customer’s home address at the Customer’s cost.

7. Collection GPM Motor Services will only release the vehicle to the Customer after repairs are completed, unless it is requested by the Customer to release the vehicle to the Customer’s agent.

8. Storage If the vehicle is not collected, or arrangements are not made for its collection after completion of the work has been notified in writing, weekly storage charges at the rate applicable at the time of expiry of the said notice may be imposed as if the vehicle repaired had been left for storage. This provision may also apply if authority to proceed is not given within a reasonable time of an estimate having been submitted.

9. Lien GPM Motor Services reserves the right to hold a vehicle after the completion of its repairs until such time as the account is paid in full. With respect to uncollected vehicles, GPM Motor Services may exercise its rights under the Torts (Interference with Goods) Act 1977 and if the goods are not collected when the work is completed, or before any notice to this effect expires, GPM Motor Services may proceed to sell the vehicle subject to any notice under the Act. In this event, the vehicle will be sold at best market price and after deduction of the cost of repair, plus other charges and expenses incurred by GPM Motor Services, the balance will be returned.

10. Sub-Contract GPM Motor Services reserves the absolute right, exercising its sole discretion, to arrange for any repair, service or other works to be undertaken by other competent parties. GPM Motor Services shall not be obliged to disclose to the Customer any details of any such repair, service or other works so sub-contracted.

11. Replacement Parts All parts replaced, other than those exchanged for replacement parts, or those subject to a warranty claim, become the property of GPM Motor Services unless the Customer requests their return prior to the commencement of repairs.

12. Paintwork Where new paintwork is required and the metalwork is found to be rusted, all reasonable precautions will be taken to prevent such rust penetrating after completion of painting, but GPM Motor Services can give no guarantee in this respect. If partial paintwork is required, every endeavour will be made to match the existing colour scheme, but no guarantee can be given of perfect colour match at this time or after.

13. Delays & Force Majeure GPM Motor Services will use its best endeavours to complete the repair, service or other works by the date and time requested by the Customer. In the case of ordered parts or accessories GPM Motor Services will, likewise, use its best endeavours to ensure availability of the same by the date and time requested. However, GPM Motor Services can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the non or late availability of parts, spares, accessories or other reasons beyond its control. In the event of the performance of any obligation accepted by GPM Motor Services being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond GPM Motor Services reasonable control GPM Motor Services may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.

14. Liability GPM Motor Services will take reasonable care of any vehicle in its custody. This duty will not extend to items of personal property or business goods left in the vehicle. Customers should therefore ensure that all valuable items of personal property or business goods are removed from the vehicle prior to commencement of any repair or other contracted works. Where by agreement with, or on the instructions of the Customer, the vehicle is left outside the GPM Motor Services premises, before or after normal business hours, on an unfenced part of the said premises, any risk or loss or damage however occasioned will be the Customer’s responsibility.

15. Guarantee GPM Motor Services will guarantee all repair works against failure due to faulty materials or workmanship for a period of one month, or 1000 miles which ever occurs first, provided that the vehicle is taken back to GPM Motor Services, or to a third party repairer as expressly authorised by GPM Motor Services.This will not affect the Customer’s statutory rights. Any parts, spares or accessories fitted or supplied by GPM Motor Services will be entitled to the benefit of any warranty given by the manufacturers of any such items.

16. Notices Any notice given hereunder may be served personally or be left at the last known residence or place of business of the Customer, or may be sent by first class post, in which case notice shall be deemed to have been received by the Customer on the first working day after posting.

17. Severability In the event of any provision of these terms and conditions being or becoming void in whole or in part the other provisions of these terms and conditions shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of these terms and conditions.

18. Legal The Contract shall be governed and interpreted exclusively according to English Law and shall be subject to the exclusive jurisdiction of the English Courts.

EOL