1.1 “The Company” refers to Boss Engineering Plus Ltd.
1.2 “The Buyer” refers to the person (individual), partnership, Limited Company, or other legal entity, who agrees to services being provided by Boss Engineering Plus Ltd.
1.3 “The Conditions” refers to the terms and conditions of Boss Engineering Plus Ltd’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of Boss Engineering Plus Ltd.
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by Boss Engineering Plus Ltd shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- The Price, Payment and Reimbursement
3.1 The price of the service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company. The price of the work carried out is exclusive of VAT.
3.2 Payment of the price shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 30 days from date of invoice.
3.3 Payment can be settled by cash, bank transfer or card payment. If credit card is used by the Buyer, then the surcharge will additionally be added on the original amount of up to 5% depending on the card type. If a credit card surcharge was not collected during the sale then it remains unpaid by the Buyer and the Company shall request it to be paid or charge the card on a later date, which will be authorised by the Buyer.
3.4 There is not a surcharge for debit card payments.
3.5 The Company may (to its sole discretion) refuse to accept any card payment and request an alternative method of payment, particularly when the Buyer is not present, the payment is to be made on collection of the vehicle.
3.6 For any card payments, a form will be issued by the Company which will be signed by the Cardholder to authorise the payment/transaction.
3.7 Card payments on collection of goods /vehicles will only be accepted as ‘chip and pin’ transaction and also collection note must be signed by the cardholder. The goods/vehicles will not be released unless the collection note is signed by the cardholder/the Buyer. The Company reserves the right to request for photographic ID card to match the details of the Buyer if need. This may be required to make sure that the payer is the Buyer (the person named on the invoice) so that any warranty claim may be valid.
3.8 If for any reason the order remains unpaid, the Company will be able to request at any time for the order to be paid in full on any part of it.
3.9 The Company may accept a cheque as a payment method on the condition that the payment will be cleared in our bank account which usually takes 5-10 working days.
3.10 The Buyer understands and agrees that the vehicle will not be returned to him/her until the funds are cleared. Until such funds are cleared, the vehicle shall remain in possession of the Company.
3.11 The Company shall have the right to refuse the request of the Buyer for a test drive if the funds are not cleared. Until such funds are cleared, the vehicle shall not be available to the Buyer for a test-drive.
3.12 If, for any reason, the vehicle is returned to the Buyer whilst the funds remain not cleared, the vehicle shall remain in the possession of the Company and the Company has the right to collect or use alternatives routes to recover the vehicle.
3.13 The Buyer shall have the right to cancel an order within 7 days of making a booking or authorising further work. If the Buyer wishes to cancel a booking or proceed with a further work, he/she can do so by contacting the Company by phone on 01268906990 or by email at email@example.com. If the Buyer cancels, the Company shall reimburse him/her (provided that a payment has been made) the whole sum unless the Buyer has requested the Company to start providing some service before the end of 7 days cancellation period. Under these circumstances, the Buyer shall pay for the services that he/she has agreed and for the services the Company completed with any difference in sum (if relevant) returned to the Buyer. If however, the Buyer cancels and he/she requested that services are provided prior to the end of the cancellation period of 7 days, and no work is carried out by the Company in the meantime then no fee will be applicable except the recovery fee which the Company incurred to move the vehicle to their premises.
- Credit Terms
4.1 Where Credit Terms have been extended to the Buyer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer exceeding the Credit Limit extended to the Buyer.
- Remedies for late Payment
5.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period of 30 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.
5.2 In the event that any invoice is not paid on or before its due date, then all sums due and owed to the Company by the Buyer shall become immediately payable and subject to clause 5.1 above.
5.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under clause 5.2 above.
5.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain in the possession of Boss Engineering Plus Ltd until all amounts owed are paid.
- Title and Risk
6.1 Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to the Buyer until all relevant and outstanding invoices have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
- Buyer’s Warranties
7.1 The Buyer hereby warrants that he is not an undischarged bankrupt and has not committed any act of bankruptcy or being a company with either limited or unlimited liability and knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver or to petition for the winding up of the company or exercise any other rights over or against the company’s assets.
- Disputes procedure and Jurisdiction
8.1 Any and all contracts entered into between the Company and the Buyer shall be ruled by the laws of England and Wales and disagreements arising out of any contract between the Company and the Buyer shall be subject to the limited jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place. It also complies with the Data Protection Act.
- After-sales service and Warranty
9.1 The parts and labour itemised on the invoice, are guaranteed free from defect for 6 months or 3000 miles (which ever comes first) from the date of invoice which covers defective parts or related workmanship, unless detailed otherwise, with the exclusion of damage arising from customer/third party interference, routine wear and tear, incorrect or non-recommended application, negligence, abuse, accidental damage and damage caused by incorrect specification or levels of oils and fluids, coolants and anti-freeze. This applies to new parts provided by the Company only (exceptions apply).
9.2 Where the Company supplies new parts to the Buyer, the benefits of the manufacturer’s warranty apply along with their conditions of sale. The Company only acts as an agent for these goods.
9.3 If an engine is replaced under the terms of this warranty, the replacement engine will be covered for the balance of the original warranty.
9.3a. The term ‘engine’ refers to the cylinder head and block and the components which make these up (i.e. pistons, cam shafts, con rods, etc.). Any ancillaries left on the engine e.g. cam belt, water pumps sensors, etc are left on free of charge and are not covered by the Warranty.
9.4 The Company reserves the right to examine engines for any alleged fault whilst the unit is still fitted to the vehicle.
9.5 If a warranty claim is found to be valid, the Company reserves the right to either repair or replace the unit/part within 60 days or refund the purchase price only on return of the unit to the Company.
9.6 This warranty only covers the main item (s) as described on the invoice, for instance if the Buyer leaves the vehicle for an engine repair or replacement, this warrant will not cover for water pump, fuel pump, diesel pump, carburettor, distributor, computers, switches, manifolds, injectors, clutch, rear main oil seals, driveshaft, transmission seals, gaskets, etc. This does not exclude other parts not in this list.
9.7 This warranty is not transferable and does not cover damage if parts are used in connection with racing purposes or vehicles with racing equipment or damage by accident or misuse.
9.8 It is an understanding of both parties, that the parts supplied are to be used for normal road use. If the parts are fitted to specialist vehicles such as taxis, hire vehicles, prototypes, competition vehicles, etc the Company should be notified at point of sale as this will invalidate and impair the terms of this warranty.
9.9 All warranty claims must be reported to an aftersales manager or manager within the stipulated period from date of purchase of this warranty to be valid.
9.10 All implied warranties are limited to the terms of the limited warranty, consequential or incidental damages are not covered under this warranty.
9.11 The Company accepts no responsibility/liability for damage to the said part or any motor vehicle to which it is fitted or impaired performance caused by faulty or inefficient installation or subsequent damage caused by lack of maintenance or for any loss of use of a motor vehicle whilst a part is being returned for exchange.
9.12 All warrant claims are dealt with on individual basis as every vehicle is different than each other and every claim has different factors that must be taken into consideration. The Company will try to handle the claim as quickly as possible striving to have all completed within 14 days from the date of being notified of the fault/problem.
9.13 Should the warranty claim be rejected, the Buyer shall cover costs of warranty inspection of the Company.
- Potential Claim cases
10.1 In the event of a potential claim, the Buyer should notify the Company immediately, that is within 7 working days of detecting the fault/defect, by phone or via email, whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company.
10.2 The Buyer’s statutory rights are not affected. These terms of business are not intended to restrict or exclude any legal rights bestowed or implied by law or a customer’s statutory rights under the Sales of Goods Act 1979 or the Unfair Contract Act 1977, or any amendment thereof.
10.3 In order for a claim to be effective, the Buyer must:
10.3a. Contact the Company via email or telephone to inform the Company about the fault/problem; and
10.3b. Complete and send a claim form (which will be provided by the Company upon request) by email, fax or post so the Company can assess.
10.3.1 Once the Company receives the claim form, the Company will review and assess it (normally within 2 working days) and one of the Company members will contact the Buyer regarding the outcome. The Company may require the Buyer to return the vehicle to the Company for an inspection. All inspections are on ‘back to base’ basis and the Company is unable to carry on inspections at the Buyer’s location. Should the Buyer refuse to deliver the vehicle to the Company’s premises for an inspection, the Company will void the warranty.
10.4 Should the warranty be void, the Company will endeavour to furnish the Buyer with an offer to repair/replace of damaged parts.
10.4.1 Should the Buyer decide to proceed then it will treated as a Job Order by the Company and appropriate form will be sent for authorisation and payment will be requested from the Buyer.
10.4.2 Should the Buyer not respond to the Company’s offer for repair/replacement of a part (either by accepting or refusing it) within 10 working days, the Company will treat the offer as being rejected by the Buyer.
10.4.3 Should the Buyer refuse the offer, the Company will request for the cost of warranty inspection as well as the Buyer’s written instruction of what to do with the vehicle.
10.4.4 The Company will apply £25.00 per day storage charge commencing on the 3rd working day of the Buyer refusing the Company’s refusal of repair offer. If the Buyer does not collect the vehicle within 30 days from the Company emails the Buyer with request of payment and collection of the vehicle, the Company will treat the vehicle as abandoned. In such case the Buyer is passing ownership of the vehicle to the Company and authorising the Company to apply for V5C registration certificate and to sell the vehicle and cover the storage cost and any other sums in which the Buyer may owe to the Company. In such a case, the Company may (to its sole discretion) break the vehicle apart and sell it in parts to recover money owed or scrap the vehicle.
- Responsibilities and liabilities of the Company
11.1 The Company does not assume responsibility for towing charges, lay-up time, telephone, loss due to downtime, cost and lodging, cost of vehicle use, car or truck rental, postage, carriage, etc.
11.2 The Buyer should check the vehicle on time of collection or delivery before signing for the goods. If the Buyer is unhappy for the vehicle/part for any reason, he/she must refuse delivery / collection. Once the vehicle/part is in the Buyer’s possession, the transaction is then complete and the Company cannot claim liability for damage in transit and therefore cannot offer a refund on damaged parts from that point on.
11.3 The Company shall not be liable for any claim for any loss or damage, or any consequential loss or damage arising from delayed delivery or return of vehicle to the Buyer.
11.4. The Company does not assume liability for vehicles arriving at their premises partly stripped-off from auctions, from other garages or from other sources. The Company shall not accept liability for any claim from the Buyer for the same reason.
11.5 The Company shall not be liable for any ancillary faults and or electrical faults which are originating from the vehicle and which has no relation to the services carried out by the Company themselves.
11.6 Nothing in these Conditions shall limit or exclude the Company’s liability for:
11.6.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
11.6.2 fraud or fraudulent misrepresentation;
11.6.3 breach of the terms implied by section 12 Sales of Goods Act 1979;
11.6.4 defective products under the Consumer Protection Act 1987;
11.6.5 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
11.7 The Company shall under no circumstances be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
11.8 In any case, the Company’s total liability to the Buyer for all other losses arising under or in connection with this contract, shall not exceed 100% of the monies paid by the Buyer to the Company.
- Vehicle Storage
12.1 The Company will invoice £25.00 per day for the storage of any vehicle not collected within 24 hours of being advised of completion of work.
- Surcharge for Special Order Parts
13.1 A Surcharge of 20% is payable to the Company for parts which are a special order for the Buyer if the Buyer does not go ahead with the repair.
- Force Majeure
14.1 None of the parties shall be held responsible for any failure or delay in performing its obligation under these terms and conditions where such failure or delay is caused by a Force Majeure Event. This event is explained as any event which is beyond a party’s reasonable control, which by its nature could not have been foreseen or contemplated, or even if it could have been foreseen, it was inevitable. These events may include strikes, lock-outs or other industrial disputes, energy sources’ failure or failure of transport network sources, acts of God, war, riots, fires, floods, storms, earthquakes, outbreaks or similar events, natural adversities or severe poor weather conditions, or default of suppliers or subcontractors.
15.1 The Company has the right, for whatever reason, to vary the contents of these Terms and Conditions without notice at any time. By instructing the Company to provide services, the Buyer agrees to be bound by the Terms and Conditions in place.
- Communication between the Company and the Buyer
16.1 An email communication sent to the Buyer by the Company shall be considered valid written communication. The Company will normally ask the Buyer to confirm the receipt of that email.
16.2 The above shall apply to communication sent by the Buyer to the Company. The Buyer should also request the Company to confirm the receipt of that email.
16.3 The Company and the Buyer agree that any communication will be solely between them.
16.4 Shall either the Company or the Buyer decide to appoint any third party to communicate with the other party, the other party shall not respond to any such communication.
16.5 The above applies to both the Company and the Buyer.
- Privacy and Confidentiality
17.1 The Buyer’s details provided to the Company will not be disclosed to any other third party except of carrier companies processing delivery of goods or services ordered by the Buyer.
17.2 The Company will only use the Buyer’s details for purposes of processing orders, processing delivery, invoicing and for warranty purposes.
17.3 The Company will not send any unwanted emails, leaflets, letters or advertisement unless the Buyer specifically requests so.
18.1 A waiver of any right or remedy under this Terms and Conditions will only become effective if the same is given in writing. No failure or delay by a party to exercise any right or remedy provided under this Terms and Conditions or by law shall represent a waiver of that or any other right or remedy. It should also not prevent or limit the further exercise of that or any other right or remedy.