TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF SERVICES AND PARTS              

 1 DEFINITIONS 

In these terms the following definitions will apply:

1.1. “Agreement” means these terms and conditions along with any job card sign-off sheet or invoice that the Customer and/or Company sign;

1.2.               “Business” means an individual, company or other type of entity that is not a Consumer.

1.3. “Consumer” means an individual that is not purchasing the Goods or Work as part of any business they have or are involved with.

1.4.               “Customer” means the customer described on the front of this Agreement; 

1.5.               “Company” means the Canford Classics company whose name is printed on the front of this Agreement; 

1.6. “Goods” means all goods, parts or other items to be sold by the Company to the Customer whether or not they are supplied in connection with any Work that the Company has been asked to carry out; 

1.7.               “Vehicle” means the vehicle to which the Work relates;

1.8.               “Work” means any repair, servicing, fitting or other work to be done by the Company for the Customer; 

1.9. “Working Day” means a day other than a Saturday, Sunday or public holiday in England where banks in London are generally open for business; and

1.10.             “writing” and “written” includes emails. 

2 OUR CONTRACT WITH YOU

2.1. The Company’s acceptance of an order will take place when it writes to the Customer to accept it, at which point a contract will come into existence. 

2.2.  If the Company has to contact the Customer it will do so by telephone or by writing on or at the phone number, email address or postal address the Customer provided in its order.

2.3. The images of any Goods that the Company provides to the Customer are for illustrative purposes only. The Customer’s Goods may vary slightly from those images.

3 PROVIDING THE GOODS AND WORK

3.1. Where the Company agrees to deliver Goods that are not being provided as part of any Work it will contact the Customer with an estimated delivery or collection date, which will be within 30 days after the day on which the Company accepts the related order.

3.2. The Company will begin the Work on the date agreed with the Customer during the order process, providing the Customer delivers the Vehicle to the Company on or before this date. The estimated completion date for the Work and estimated delivery date of any Goods that are to be provided as part of the Work will be the date told to the Customer during the order process.

3.3. The Company shall be allowed to repair or to fit reconditioned units and/or parts where these are supplied by the Vehicle’s manufacturer. 

3.4. The Company shall be allowed to undertake reasonable mileage to road test any Vehicle where the Company believes this is necessary to diagnose, repair and/or test the Vehicle. 

4 PRICE AND ESTIMATES 

4.1. The prices of the Goods and/or Work shall be the price set out in writing to the Customer by the Company. Where the Company is unable to provide a fixed fee for the Goods or Work that have been requested by the Customer, it shall provide an estimate. An estimate is a reasonable prediction by the Company of the likely cost involved in providing the Goods or Work that have been requested by the Customer based on the information it has at the time of giving the estimate. All quotes and estimates are valid for 14 days from the date on which they are provided by the Company to the Customer. 

4.2. If it appears during the progress of any Work (in the reasonable opinion of the Company) that:

- the estimate for any Customer that is a Consumer will be exceeded, the Company will not continue the Work without the Customer approving (verbally or in writing) the increased fee first;
-the estimate for any Customer that is a Business will be exceeded by more than 10%, the Company will not continue the Work without the Customer approving (verbally or in writing) the increased fee first; and/or

- the estimate for any Customer that is a Business will be exceeded by no more than 10%, the Company will be entitled to continue the Work without the Customer approving the increased fee provided that the Company notifies the Customer of the increase in the estimate as soon as reasonably practicable.

4.3 If the Customer does not give permission under paragraph 4.2 then the Customer shall only pay for the Goods and Work carried out before the notice of the increased estimate was given as shown in paragraph 7 below.
4.4 All prices quoted do not include any applicable Value Added Tax which is shown separately. If the rate of VAT changes between the order date and the date the Company provides the Goods and/or Work, the Company will adjust the rate of VAT unless the Customer has already paid for the Goods and/or Work in full before the changes in the rate of VAT takes place.
4.4 If for any reason Work requested by the Customer is not carried out in full the Company will charge a reasonable amount for any Work actually carried out and the price of any Goods supplied or fitted.

5 MAKING CHANGES TO THE CONTRACT

5.1. If the Customer wishes to make a change to the Work to be carried out or Goods to be supplied it should contact the Company. The Company will let the Customer know if the change is possible and about any changes to the price, the timing of supply or anything else which would be necessary. The Company will then ask the Customer to confirm whether it wishes to go ahead with the change. 

5.2. The Company may change the Work to be carried out and/or the Goods to be supplied to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will have no or minimal effect upon the Customer’s use of the products.

5.3. In addition, the Company may make other changes to the Work to be carried out and/or the Goods to be supplied (not including those referred to in paragraph 4.2), but if it does so it will notify the Customer and the Customer may then contact the Company to end the contract before the changes take effect and receive a refund for any products paid for but not received (any other services or goods provided will then be charged in accordance with paragraph 7 below). 

6 HOW YOU MAY CANCEL THE CONTRACT 

6.1. If the Customer is a Consumer and is ending a contract for any of the following reasons the contract will end immediately and the Company will refund the Customer in full for any Goods and/or Work which have not been provided and the Customer may also be entitled to compensation:

- the Company has told the Customer about an upcoming change to the product or these terms which the Customer does not agree to (see paragraphs 4.3, 5.3 and 12.6);
- there is a risk that supply of the products may be significantly delayed because of events outside the Company’s control;
- the Company has suspended supply of the products for technical reasons, or notified the Customer that it is going to suspend them for technical reasons, in each case for a period of more than 30 days; or

- the Customer has a legal right to end the contract because of something the Company has done wrong.

6.2 For most products bought online (or by phone or email) a Customer that is a Consumer has a legal right to change its mind. The Customer does not have a right to change its mind in respect of any products which become mixed inseparably with other items after their delivery. The Customer can use the form on our website to notify the Company that it has changed its mind in such instances. The Customer has 14 days after the day the Company emails it to confirm the Company accepts the relevant order. However, once the Company has completed the services the Customer cannot change its mind, even if the period is still running. If the Customer cancels after the Company has started the services, it must pay the Company for the services provided up until the time the Customer tells the Company that it has changed its mind. Where the Customer has purchased Goods online (or by phone or email) it has 14 days after the day it receives the Goods.
6.3 Even if the Company is not at fault it can still end the contract before it is completed if it is a Consumer, but it will have to pay the Company compensation. The Company will refund any sums paid by the Customer for products not provided but it may deduct from that refund (or, if the Customer has not made an advance payment, charge the Customer) reasonable compensation for the net costs the Company will incur as a result of the Customer ending the contract, and the contract shall immediately come to an end.
6.4 If the Customer ends the contract in accordance with paragraphs 6.1 to 6.3 after Goods have been dispatched to it or it has received them, the Customer must either return the Goods in person to where it bought them, post them back to the Company at the address provided by the Company or (if they are not suitable for posting) allow the Company to collect them from the Customer. If the Customer is exercising its right to change its mind it must send off the Goods within 14 days of telling the Company it wishes to end the contract and must pay for the cost of returning the Goods.
6.5 Where the Customer is a Business it will be entitled to return Goods in exchange for credit provided: (i) the Customer returns the Goods in the same condition as when supplied within 5 Working Days of delivery; (ii) it provides the Company with the original invoice; (iii) the Customer pays the Company's current handling charges for returned Goods; and (iv) the Goods were not specially ordered by the Customer.
6.6 Unless expressly set out in the Agreement, no order which has been accepted by the Company may be cancelled by the Customer which is a Business except with the written agreement of the Company.

7 HOW WE MAY END THE CONTRACT

7.1. The Company may end the contract at any time by writing to the Customer if the Customer

- does not make any payment to the Company when it is due and you still do not make payment within 30 days of the Company reminding it that payment is due

- does not, within a reasonable time of the Company asking for it, provide the Company with information that is necessary for the Company to provide the Goods and/or Work; or

- does not, within a reasonable time, allow the Company to deliver the products to it or collect them from the Company.

7.2. If the Company ends the contract in the situations set out in paragraph 7.1 it will refund any money the Customer has paid in advance for products the Company has not provided but it may deduct or charge the Customer reasonable compensation for the net costs the Company will incur as a result of breaking the contract.

8 PAYMENT

8.1. All Goods and or Work shall be paid for by the Customer by credit/debit card or by BACS before delivery or collection of the Good and/or Vehicle unless the Company has agreed otherwise in writing at the time it enters into the contract. Goods and Services must be paid within 14 days of receiving each invoice. Delivery is deemed to have occurred when the Customer or his agent has taken possession of the Goods or Vehicle. 

8.2. The Company may ask for a deposit to pay for any anticipated charges. The Company will notify the Customer of this if this is the case. Any deposit that has been requested will need to be paid to the Company before it shall proceed with any Work.

8.3.  Any storage services provided as part of the Work shall be invoiced to the Customer on a monthly basis, or on such other dates as the Company and the Customer may agree, and the cost of storage shall be paid by the Customer to the Company within 14 days of receiving each invoice. If the Customer does not collect the Vehicle within 14 days of this notification, then the Company can charge for storage of the Vehicle at the rate of £55.00 plus VAT per week.

8.4. If the Customer does not pay the Company when it is supposed to and (where the Customer is a Consumer) it still does not make payment within 7 days of the Company reminding it that payment is due, the Company may suspend carrying out any further Work or supplying any further Goods until the Customer has paid the outstanding amounts. The Company will contact the Customer to tell it that the Company is suspending supply. As well as suspending the products the Company can also charge interest on the overdue payments (see paragraph 8.5).

8.5. If the Customer does not make payment to the Company, by 14 days of receiving each invoice the Company will charge interest to it on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer must pay the Company interest together with any overdue amount. 

9 COMPLETION OF WORK

9.1. The Company may need certain information from the Customer so that it can supply the Work and/or Goods and will contact the Customer to ask for this information. If the Customer does not give the Company this information within a reasonable time of the Company asking for it, or if the Customer gives incomplete or incorrect information, the Company may either end the contract or make an additional charge of a reasonable sum to compensate the Company for any extra work that is required as a result. The Company will not be responsible for supplying the Work and/or Goods late or not supplying any part of them if this is caused by the Customer not giving the information it needs within a reasonable time of the Company asking for it.

9.2. The Customer acknowledges the Company shall have the right to hold onto any Vehicle in the possession of the Company until such time as any overdue monies owing by the Customer for any Work done (which shall include but just be limited to any storage costs) or Goods provided have been paid in full (whether or not the debt relates to that particular Vehicle) where the Company is legally allowed to do so. 

9.3. The Customer shall be entitled to collect the Goods and/or its Vehicle from the Company at any time during its working hours of 9am – 5pm on weekdays (excluding public holidays) after the Company notifies it that they are ready for collection. If the Customer does not collect the Goods and/or Vehicle within 14 days of this notification then the Company can charge for storage of the vehicle at the rate of £55.00 plus VAT per week. 

9.4. The Company may sell all or some of the Goods and/or the Customer’s Vehicle to recover any unpaid charges. It can only do this after giving the Customer 30 days' written notice (in the case of Customers who are Consumers) or 14 days’ written notice (in the case of Customers who are Businesses) that the Company intends to do so, where the Customer has failed to collect the same and to pay any amounts owing to the Company. If the Company sells any of the Goods and/or the Vehicles, and the proceeds from the sale are greater than the amount the Customer owes to the Company, the Company will pay the Customer any excess amount. 

10 RESPONSIBILITY AND OWNERSHIP OF THE PRODUCTS 

10.1. The Customer shall be responsible for the Goods and the Vehicle as soon as they are delivered by the Company to the Customer. 

10.2. The Customer shall own the Goods once it has paid the full price for the Goods together with all charges and interest that may be due to the Company under this Agreement.  

10.3. If the Customer has not paid for the Goods before it becomes the owner of them, the Customer (if it is a Business) shall hold the Goods as the Company's fiduciary agent and bailee, and shall indemnify the Company in full for any loss suffered by the Company as a result of any breach by the Customer of this paragraph 10.3. 

11 WARRANTY

11.1. The Company warrants that the Work and/or Goods (from the date of Invoice for a Warranty Period of 3 months or a distance of 3,000 miles, whichever occurs first) shall - conform with their description;- be free from defects in design, material and workmanship; and- be fit for any purpose expressly held out by the Company in writing.

Subject to paragraph 11.2, if the Customer gives the Company notice in writing within the warranty period that a product/works does not comply with the above warranty the Company shall, at its option, repair or replace the defective product, or refund the price of the defective product in full, The Company must be given a reasonable opportunity of examining such product/works and the Customer must return such product/vehicle to the Company at the Customer’s cost, If the Customer is a Consumer then this warranty shall be in addition to any consumer rights it may have under law.

11.2.  The Company will not be liable for a product’s failure to comply with the warranty in paragraph 11.1 if 

- the Customer makes any further use of such product after giving notice to the Company unless the Company has given its consent for the Vehicle to be used for the purpose of returning it to the Company

- the defect arises because the Customer failed to follow the Company’s instructions as to the storage, installation, commissioning, use or maintenance of  the product or (if there are none) good trade practice

- the defect arises as a result of the Company following any design or specification supplied by the Customer

- the Customer alters or repairs the product without the Company’s written consent

- the failure relates to a reconditioned original part of a Vehicle that is being repaired as part of the Work or being provided as Goods

- the Customer has failed to have the Vehicle or Goods serviced in accordance with the manufacturer’s recommendations; Warranty is none transferable if Vehicle or Goods are sold within the warranty period

- the Vehicle of Goods are used for any reason other than the private or commercial use of the Customer (or anyone the Customer has granted permission to) or

- the defect arises as a result of fair wear and tear, wilful damage, reckless driving, negligence, or abnormal working conditions

12 OUR LIABILITY

12.1. If the Company fails to comply with these terms, it is responsible for loss or damage the Customer suffers that is a foreseeable result of its breaking this contract or its failing to use reasonable care and skill (unless expressly excluded in this Agreement), but the Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen.

12.2. The Company does not exclude or limit in any way its liability where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customer’s legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987 where the Customer is a Consumer

12.3. The Company will make good any damage to a Vehicle caused by the Company while carrying out any Work. However, it is not responsible for the cost of repairing any pre-existing faults or damage to the Vehicles that it discovers while providing the Work unless expressly set out in the front of this Agreement.

12.4. Subject to paragraphs 11.1 and 12.2, the Company shall have no liability to a Customer who is a Business in respect of a product's failure to comply with the warranty set out in paragraph 11.1 and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law unless expressly set out in this Agreement. 

12.5. Subject to paragraph 12.2, the Company’s total liability to the Customer (where the Customer is a Business) shall not exceed 110% of the amount of any fees paid by the Customer in respect of the relevant Goods and/or Works. The Company’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.

12.6.   The Customer acknowledges that motor vehicles are complex pieces of machinery, and that in order for the Company to repair any defects in the Vehicle to the Company will try the least complex solution it deems appropriate to try to fix the defect first and that further chargeable work may be necessary if that Work does not cure the default. The Company shall notify the Customer if such additional Work involves any further fees and, where the Customer is a Consumer, it shall be entitled to cancel the contract in accordance with paragraph 6.1(a) if it does not accept such increased costs. 

12.7. The Company shall only be liable for any loss or damage to Vehicles, their accessories and/or any contents that are left in a Vehicle if this results from the negligence of the Company or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle before handing it to the Company.

12.8. The Company will take reasonable steps to try to obtain the benefit of any warranty or guarantee given by the manufacturer or importer in respect of the Goods for the Customer. 

12.9. The Customer shall ensure that it complies with any import, export and registration laws and requirements that apply in any relevant country when transferring the Vehicle to and from the Company and shall obtain any permissions, consents or licences required in order to transfer the Vehicle to and from the Company’s premises in order that the Company can carry out the Work. 

12.10. The Company is unable to guarantee that the Work and/or Goods will comply with the legal requirements of any country outside of the United Kingdom. The Customer shall be responsible for ensuring that they comply with any legal requirements that apply outside of the United Kingdom.

12.11.  If the Work includes painting then

- if the metal to be painted is rusted, the Company will use reasonable steps to try to prevent rust penetrating the paint after the Work has been completed, but the Company cannot guarantee or warrant that it will be able to prevent this; and

- the Company shall use reasonable steps to try to match the new paintwork with the existing paintwork, but cannot warrant or guarantee that it will match exactly

12.12     The Customer is warned that the Vehicle might be subject to snagging after the Work has been carried out. Snagging does not have an agreed meaning, and is not a contractual term, but is used to here to refer the process of rectifying minor defects or omissions in repair works during the warranty period set out in paragraph 11.1. The Customer is advised to hold roadside assistance during the warranty period and shall be responsible for transporting the Vehicle to the Company to carry out any snagging, and then collecting it from the Company after the work has been completed. The Company reserves the right to charge for any additional work that falls outside of the warranties set out in this paragraph 11, providing that it gives notices to the Customer (and, where the Customer is a Consumer, the Customer has given its consent to this additional cost). 

12.13    Where the Customer is a Business, the Company will use reasonable efforts to complete the Work or supply Goods within any time period notified to the Customer but time shall not be of the essence of this Agreement. 

 13  REPLACED PARTS 

13.1.    All parts replaced during any Work done, except those that have to be returned under warranty or service exchange arrangements, will be kept by the Company for the Customer until the Vehicle is collected. If the Customer does not specifically ask for such replaced parts when it collects the Vehicle, the Company shall be allowed to dispose of them as it chooses.  

14  SUB CONTRACTING 

14.1.   The Company shall be allowed to appoint subcontractors and agents to carry out its obligations under this Agreement providing that it is responsible for the quality of their work and for the actions of any such subcontractor or agent. 

15  EVENTS OUTSIDE OUR CONTROL

15.1. If the Company’s supply of the Goods and/or Work is delayed by an event outside of its control then it will contact the Customer as soon as possible to let it know and the Company will take steps to minimise the effect of the delay. Provided the Company does this it will not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact the Company to end the contract and receive a refund for any Goods or Work it has paid for but not received.

16  OTHER IMPORTANT TERMS 

16.1. The Company will only use the Customer’s personal information as set out in its privacy policy, which can be found on our website (canfordclassics.co.uk).

16.2. The Company may transfer its rights and obligations under these terms to another organisation. The Company will tell the Customer in writing if this happens and will ensure that the transfer will not affect the Customer’s rights under the Agreement.

16.3. The Customer may only transfer its rights or obligations under these terms to another person if the Company agrees to this in writing. 

16.4.              Where the Customer is a Business

- this Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter; and

- each party acknowledges that in entering into this Agreement; it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement

16.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.6 This Agreement is between the Company and the Customer. No other person shall have any rights to enforce any of its terms.
16.7 If the Company does not insist immediately that the Customer does anything the Customer is required to do under these terms, or if the Company delays in taking steps against the Customer in respect of it breaking this contract, that will not mean that the Customer does not have to do those things and it will not prevent the Company from taking steps against the Customer at a later date.
16.8 These terms are governed by English law and the Customer can bring legal proceedings in respect of the Goods and Work in the English courts.

NOTHING CONTAINED IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF A CUSTOMER WHO IS A CONSUMER.