Terms and Conditions
Definitions
1. These terms and conditions (“the terms”) are the terms on which JPW Commercials Ltd, Nile Street, Burslem, Stoke-on-Trent, ST6 2BA, registered company number 5553756. (JPW) contracts with the customer named overleaf to the exclusion of any terms and conditions put forward in writing by the customer.
2. “Goods” means all goods, parts, replacement vehicles, oils, lubricants supplied to the customer whether used as part of the work or not.
3. “Work” means any work undertaken on all vehicle service. Repair, maintenance or MOT or fitting work to the vehicle.
4. The customer is deemed to have accepted those terms and conditions if the customer places an order for, or instructs JPW to undertake work or purchase any goods.
5. JPW means the company and all employees, agents and representatives.
Quotations Estimates and Prices
6. A quotation is the estimate of the price of the work and the goods based on the information available to JPW at the time of quotation. All quotations are preliminary and do not conclude to be the final amount due on completion of any work carried out or goods supplied.
7. Prices are valid at the time of quotation. JPW reserves the right to change the prices to the customer, if the prices charged to JPW change significantly between the date of fitment or purchase, from circumstances beyond JPW’s control
8. If any additional work not referred to in the quotation is required at further cost, JPW will contact the customer to notify them of the additional work required and gain authority for the extra work, either written or verbal.
9. If the customer leaves a vehicle with JPW to undertake an estimate for the work required or the work itself, a charge will be levied for the storage of the vehicle if the vehicle is not collected within three days from completion of the work carried out, unless otherwise agreed or the vehicle is to be purposely stored at the customer’s request.
10. All prices exclude applicable Value Added Tax
Payment
11. Payment for goods and work will be made on completion of the work by credit/debit card or a cash payment unless the customer holds a credit account with JPW and the account is cleared for credit. Full payment must be made for the goods or work carried out before the vehicle will be released. Cheque payments will only be accepted with a cheque guarantee card and accepted totally at the discretion of JPW
12. Work will be deemed to be complete when JPW or its agents inform the customer. The customer will not be permitted by JPW to remove the vehicle until all payments for goods and work and other applicable payments have been received in full and cleared.
Uncompleted Work
13. If for any reason the work is unable to be completed in full because of the customers instructions (such as removal of the vehicle) JPW shall charge ht customer for the work that has actually been done to the point of customers instruction at the full hourly rate, including any and all goods used.
14. In case the vehicle has to be stripped in any manner to enable the problem to be investigated and diagnosed, upon the result of the investigation the time incurred in doing this will be charged to the customer at the full hourly rate.
15. The customer has the right to cancel the work which they have authorised to be carried out. JPW reserves the right to charge for all time spent and goods used up and until the customers instructions are received. If a vehicle has been left with JPW for repairs and the customer cancels the work and the customer cancels the work, JPW reserves the right to charge a minimum of one hours labour at the current set rate and charge for any special ordered parts or surcharges for parts order and required for the work
16. JPW will make every effort to ensure that the work will be completed at the time specified, however, JPW will not be responsible for any delays.
Title
17. Title for all goods supplied to the customer shall transfer on full payments being made by clearing funds and responsibility for the goods will pass to the customer upon delivery to the customer or collection of the goods by the customer.
Loss, Damage and Liability
18. JPW shall not be responsible for any unforeseeable losses, however caused by JPW or its employees, agents or representatives or for any business losses. JPW’s liability for direct loss, damage, cost or expense shall be limited to 5,000,000.00 pounds in respect of any one event or series of connected events. This does not affect any claim that the customer may have for death or personal injury. Nothing in this condition will affect the statutory right that the customer may have as a consumer regarding faulty or JPW in providing the supply of goods or undertake of work or wrongly described or services or any failure by products.
19. Nothing in these terms and conditions shall seek to exclude JPW’s liability in respect of personal injury or death caused by JPW negligence.
20. JPW shall not be liable for any loss or deemed to be in breach of these terms and conditions if any delay in performing its duties or inability to perform its duties or inability to perform any of its obligations is the result of factors that are beyond JPW’s reasonable control.
21. All instructions or use, health, safety and warning notices or other technical notice and information provided to the customer must be observed.
Replacements
22. All parts replaced as part of the work (except those retained under warranty or service exchange programmes) will be retained by JPW until the vehicle is collected, such parts will become the property of JPW (unless agreed with the customer) and will be disposed of, as JPW deems appropriate. Subcontracting
23. JPW shall be entitled to appoint agents and subcontracting agents to carry out its obligations under this agreement General
24. All amendments to the terms and conditions of these shall be notified in writing to any interested party.
25. If any court or administrative body of competent jurisdiction shall find any provisions of these to be invalid or unenforceable, this shall not affect the other provisions of these terms, which shall remain in full force and effect. 26. English law shall govern the formation, validity, construction and meaning of the agreement.
THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF A CONSUMER REGARDING FAULTY OF MIS-DESCRIBED PRODUCTS OR SERVICES OR ANY FAILURE BY JPW IN THE SUPPLY OF GOODS OR THE UNDERTAKING OF WORK
