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Terms and Conditions
Nene Overland SV Ltd is hereinafter referred to as “our” or “the Company”. “You” or “your” hereinafter refers to the legal owner of the vehicle or your authorised agent who signed our job-card. The “service” hereinafter refers to any product or service booked with the company by you.
2. Scope
These terms and conditions govern the relationship between the Company and you, to the total exclusion of any other terms and conditions. No alteration to the terms and conditions may be made by any of the Company employees authorized representatives or agents unless in writing by an authorized officer of the Company. All decisions and matters subject to the Company’s discretion shall be made by an authorized officer of the Company.
It is the sole responsibility of the person who signs the job-card to ensure that you are aware of and understand these terms and conditions. You guarantee that the person signing the job-card on your behalf is authorised to sign such and that you will accept liability for any service provided by the Company in good faith as a result. It is imperative that you read carefully and fully understand all aspects of the Terms & Conditions before booking a service.
3. Bookings and payments
3.1 Any vehicle entering the workshop must be booked in and a job-card must be completed.
3.2 All vehicles and contents are left entirely at your own risk and the Company accepts no liability for loss or damage sustained while your vehicle is on our premises.
3.3 When your vehicle is booked into the workshop a deposit may be required. The deposit amount varies depending on the service requested.
3.5 All parts remain the property of the Company until payment in full has been received.
3.6 All major mechanical and body components including engines and gearboxes are supplied on an exchange basis only and if an exchange unit is not available a core surcharge of at least 20% of the replacement value will be applied.
3.7 Payment in full is required before any vehicle will be released from the workshop.
3.8 Payment can be made by debit / credit card, EFT or cash.
3.9 Vehicles remaining on our premises without prior arrangement will be subject to storage charges up until such time as the account is settled. See 5.1 below.
3.10 Any vehicle not collected or paid in full after 90 days of completion may be referred to the court for sale in consideration of debt.
3.11 No payment term exceptions will be made.
4. Scope of works
4.1 The service/s required must be itemised or listed on the job-card.
4.2 The Company will undertake to attend the items listed on the job-card to the best of our ability and in the most cost effective way for you.
4.3 Itemising a service on the job-card does not guarantee that it will be attended.
4.4 If the company lacks the spare parts, skills or specific expertise to attend an item listed it will not be attended and you will be notified of same.
4.5 The Company guarantees that you will not be invoiced for service/s we have not provided.
4.6 Labour hours are billed for time spent on your service and are billed regardless of the outcome of the service undertaken.
4.7 The general wording of the service/s required or items listed on the job-card will not absolve you of your liability to pay for labour hours spent or parts supplied in the event that the service is not completed to your satisfaction.
4.8 It is not always possible to fulfil the service items listed on the job-card and in the event of a partial completion you will be liable for the time spent and parts provided up to the point of partial completion.
5. Storage
5.1 Any vehicle not collected within 24 hours of completion or invoicing whichever is the later will be subject to a storage fee to be determined by the Company but not less than £20+vat per calendar day.
5.2 If your vehicle is booked in to the Company for storage purposes only you will pay the rate agreed in full for the duration of the agreed storage at the time of drop off.
5.3 You will indemnify the Company of any loss or damage to your vehicle while it is on our premises and the Company acknowledges that we will use our best endeavours to secure and protect your vehicle while it is in storage.
5.4 If your vehicle is left with us for sale a separate sales contract agreement will need to be completed and alternate storage terms are included in that agreement.
6. Warranty
6.1 All services undertaken by the Company are covered by our warranty.
6.2 Labour performance is covered by a 3 (three) month workmanship warranty. This does not cover labour incurred due to a parts warranty claim that falls within the parts warranty period but outside of our Return Jobs definition. See Return Jobs.
6.3 Parts are covered by the manufacturer’s warranty only where applicable. Parts warranty claims outside of return jobs may be subject to additional labour charges as specified in 6.2 above.
6.4 No warranty is provided for used or second hand parts.
6.5 No warranty is provided for parts supplied by you and we reserve the right not to fit these at our sole discretion.
6.6 No liability is accepted for any consequential loss whatsoever.
6.7 Warranty cover does not extend to recovery charges to bring or return a vehicle to our workshop. This is specifically excluded.
7. Electronic Diagnostics and programming
7.1 All Diagnostic and programming charges are payable in advance.
7.2 Where possible we will provide you with a print out of the results of any diagnostic test undertaken.
7.3 A diagnostic test is not a repair or fix it is an advisory of the items listed in the vehicle computer systems of actual or potential faults that may be present.
7.4 Clearing faults found listed during a diagnostic test does not guarantee that the fault will not recur or that the fault has been fixed. Clearing faults is a troubleshooting technique used to see if the listed fault was a one-off event or an ongoing problem. A recurring fault that has only been attended by conducting a diagnostic test does not qualify as a return job.
7.5 The diagnostic test may highlight faults that require further action by you but the price you have paid for the diagnostic test does not include attending these further.
7.5 Some software upgrades have to be purchased from Jaguar Land Rover (JLR) and the cost of these is passed on to you.
7.6 Any new computer modules required must be paid for in full at time of ordering.
7.7 Many new computer modules are one-time use only and once they are assigned to a vehicle through programming they will not work on any other vehicle and cannot be returned. It is essential therefore when ordering new computer modules to supply the correct VIN number for the vehicle as these cannot be returned once programmed.
8. Insurance
The Company carries a standard motor trader’s insurance policy that limits our liabilities and operations. The Company will be deemed to have adequately conducted any road test that falls within the insurance limitations and will not be liable for any costs damages or consequential loss incurred once you have taken delivery of the vehicle and such fault was not found due to these limitations.
9. Risks
The Company draws your attention to the fact that there are certain inherent risks involved in some of the services provided by the Company. The Company will ask you to sign below to acknowledge this warning and also to release and hold harmless the Company from any damages that may result from services undertaken on your vehicle.
10. Force Majeure
10.1 “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences).
10.2 If the Company is affected by Force Majeure it shall notify you of the nature and extent thereof.
10.3 The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
10.4 If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any orders or arrangements in relation to the service. Payment of any refund by the Company to you as a result of the non-performance of any of the Company’s obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavours to reimburse you where possible. However the Company shall be entitled to deduct from any refund the reasonable actual and potential costs to the Company of the Force Majeure.
11. Refunds
11.1 Any refund will be at the sole discretion of the Company and must be authorised in writing by an authorised officer of the Company.
11.2 No refund requests are accepted in respect of labour hours spent or parts supplied during the course of a service completed or partially completed due to you not being satisfied with the operation of your vehicle after you have taken delivery of it or at time of delivery.
11.3 If you are dissatisfied with the performance or operation of your vehicle within 7 days of delivery after completion of a service you must notify the Company in writing or by email so that a return job can be booked for you.
12. Return Jobs
12.1 Return jobs will only be accepted if notified in writing within 7 (seven) days from completion or collection whichever is the later.
12.2 A return job is defined as the identical fault / problem re-occurring on the vehicle we serviced within 7 days of the vehicle service being completed.
12.3 The Company’s workmanship warranty will cover all labour hours incurred with a return job.
12.4 The manufacturer’s warranty will apply for all parts supplied and used during the service and these vary depending on the type of part and the supplier.
12.5 Should the Company accept a return job you will still be liable for any labour hours spent or parts or services supplied that were not covered by the original service job-card or that were not billed on the original service invoice or that were attended in addition to the job that was returned.
12.6 A new job-card must be completed for any return job.
13. Quotations
Quotations are provided for information purposes and are estimates only and do not necessarily represent the entire cost of a service. Unless otherwise stated all quotations are valid for 30 (thirty) days. All quotations are EAOE.
14. Disputes
If you have any cause for complaint you must immediately bring it to the attention of the Company in writing and the Company will attempt to resolve the situation to the satisfaction of all parties. Your statutory rights are not affected by the terms of this contract.
15. Jurisdiction and Enforceability
When you book a service with the Company, you are entering into a binding agreement that assumes all terms and conditions are fully understood as stated in this document. This contract is governed by and subject solely to the laws of England.
16. Agreement
You have understood and accept these terms and conditions and you signing or your authorised agent signing the job-card is your acknowledgement of and agreement to these terms. In the absence of a signed job-card your vehicle being left for service with the company is deemed as acceptance of these terms.