Rolls-Royce and Bentley Motor Cars by N Sandell

1. RESPONSIBILITY

Customers are strongly advised to remove all items of value not connected with a vehicle when leaving it on the Company’s premises since the Company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by lack of reasonable care on the part of the Company.

Under no circumstances shall the Company be responsible for loss or damage in respect of the Customer’s vehicle or for any injuries, act or default by any employee of the Company unless such act, default, loss or damage could reasonably have been foreseen and avoided by the exercise of reasonable care and diligence on the part of the Company as his employer. Nor in any event shall the Company be held responsible for any loss suffered by the Customer through accident, fire, theft, frost or any cause except in so far as such loss is solely attributable to the negligence of the Company’s employees acting in the course of their employment.

Any work done or goods supplied in relation to a vehicle, by the order of any driver in the customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom, the Company is entitled to make delivery of the vehicle, shall be paid by the Customer.

Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same, the company shall not be responsible to the Customer for any loss or damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time, connected with the Customer.

In connection with any inspection, repair or contemplated repair, or other purposes for which a vehicle is accepted by the Company, testing, taking the vehicle to the coach builders or other specialists, demonstrations, etc., the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.

2. DELIVERY

Although every effort is made to adhere to a Customer’s wishes as to time of delivery the Company is not contractually bound by any completion or delivery date agreed. The Company will use its best efforts to carry out work in the time notified to the Customer but time shall not be of the essence and no liability is accepted by the Company for any delays howsoever caused.

3. ESTIMATES AND REPAIR WORK

Estimates are effective only for 28 days after despatch. If instructions are not received from a customer (in response to an estimate rendered) within 28 days from despatch of the estimate, the Company may charge its usual garage rates from the date the vehicle was received until its collection, (Note:- The Company does not as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for).

All estimates by the Company are based on the current cost to the Company of labour, materials and spare parts at the date of estimate and in the event of any variations occurring before or after acceptance the Company may, if it thinks fit, require the customer to pay on completion of the work any increase due to such variation.

If no price is stated or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.

If in the opinion of the Company it is impracticable for any reason to carry out any of the work it is instructed to carry out, it shall be entitled to refrain from carrying of or completing such work (notwithstanding that an estimate may have been given therefore) and to carry out such work as in the opinion of the Company may be practicable.

Variation of any kind in the estimate, or the scope of the repair, or the process chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied.

Unless otherwise stated, all service work undertaken is carried out in accordance with the Manufacturer’s schedule.

4. MATERIALS AND INCIDENT WORK

It is a condition of acceptance of a Customer’s instructions that the Company is authorised (i) to carry out additional work of a minor or incidental nature that the Company in its absolute discretion considers necessary to properly comply with the Customer’s instructions, and (ii) to supply and fit any parts and materials necessary for such purpose.

5. PARTS

All parts supplied and/or fitted subject to the manufacturer’s conditions of sale, and no warranty whatsoever, except as contained therein, is given or implied. Parts replaced will not be retained unless specific instructions to the effect are given.

6. STORAGE CHARGES

The Customer shall remove his vehicle from the Company’s premises within 7 days of notification by the Company of completion of the agreed work. Not withstanding any lien that the Company may be asserting, the Company reserves the right to charge storage rent at the prevailing rate per day at the expiry of 7 days from the said notification. Any notice required by the terms of this paragraph to be given to the customer is deemed to be effected on the day following the sending of a written notice by ordinary pre-paid post to the customer’s address given overleaf. No question, dispute or complaint that may arise concerning the work done by the Company or completion thereof shall relieve the Customer of any obligation indebtedness arising under this paragraph.

7. PAYMENT

All charges, unless on an approved credit account or otherwise agreed in writing are due at or before delivery and the Company may demand a deposit before commencing or in the course of any work. The Company reserves a general lien over all property of the Customer in the Company’s possession for the total indebtedness of the Customer to the Company by way of money due for work done and materials or goods supplied, storage charges and any other expenses and costs arising in relation to each and any vehicle of the Customer. Any vehicle removed from the Company’s premises without their permission will be considered to have been stolen.

8. POWER OF SALE

The Company shall have the right, without giving any notice, to sell a Customer’s vehicle if any sums due for work done and materials supplied remain unpaid for three months after the Company’s account for the said work and materials has been rendered to the Customer’s address given overleaf, and thereafter to satisfy any debt owed to the Company in respect of the vehicle, and the expenses of sale, out of the sale price of the vehicle.

9. GUARANTEE WORK

The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturers of parts and materials supplied or any sub-contractor. If the manufacturers for any reason whatsoever does not allow such claim the customer shall be responsible for paying all relevant costs and charges. The Company further reserves the right to charge for such repairs in full pending acceptance of a claim by the appropriate guarantor. No claims under warranty can be made unless a specific request for such is made by the Customer at the time of completing the instructions for repair overleaf and the necessary information given. All work carried out by the Company is warranted against failure due to defective workmanship for a period of three months/3000 miles, whichever occurs first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.

10. VARIATIONS OF TERMS

No variation of these terms shall be effective unless in writing, signed on behalf of the Company by a Partner, Director or duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed terms.

11. CUSTOMER SATISFACTION

Any Customer who is dissatisfied with the Company’s level of repair or service should ensure that complaints are made in writing to the Company within seven days of delivery of the vehicle or seven days of receipt of invoice, whichever is the earlier. Nothing contained within these terms of business shall affect the Customer’s statutory rights.