Terms of Business

Terms of Business
Haynes Heritage Engineering

Repair work and sale of parts

 

Haynes Motor Museum Trading Ltd t/a Haynes Heritage Engineering (hereinafter called “the Company”) sell goods for use in conjunction with vehicles (“Parts”) and accept vehicles for repair, for examination with a view to estimating or quoting for repairs or for any other purpose (“Repair or Servicing Work”) only on and subject to the following terms and conditions (in addition to any other stated conditions):

  1. PRICE
    1. The price of the parts is as quoted. Quotations are valid for 30 days.
    2. In respect of Repair and Servicing Work:
      1. All estimates and quotations made by the Company are based on the current cost to the Company of labour, materials, and parts at the date of the estimate or quotation and in the event of any variation 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.
      2. If no price is estimated or quoted or if only part of the Repair and Servicing Work covered by the estimate or quotation is carried out, the Company is entitled to charge a reasonable and proper price for the Repair and Servicing Work done (including any stripping down leading to determination as to the practicability or otherwise of any work or reassembly) and for the materials and parts supplied.
      3. Estimates in respect of Repair and Servicing are valid for 30 days. If instructions are not received from a customer in response to an estimate within 30 days the Company may charge its usual storage rates from the date the vehicle was received until its collection.
      4. All estimates produced prior to stripping the vehicle for the repairs to be undertaken are subject to revised Parts and Labour prices. Estimates are produced based on visible and assumed defects which may not be visible prior to removal of specific components.

 

  1. INTERRUPTIONS
    1. If in the opinion of the Company it is impractical for any reason to carry out any of the Repair and Servicing Work it is instructed to carry out, the Company shall be entitled to refrain from carrying out or completing such Repair or Servicing Work (notwithstanding that an estimate or quotation may have been given for it) and to carry out only such Repair and Servicing Work as in the opinion of the Company may be practicable.
    2. If, through inability to obtain any necessary parts or materials, Repair or Servicing Work on a vehicle is interrupted for a period exceeding 14 days, the Company reserves the right to charge its usual storage rates for the period of interruption.

 

  1. VARIATIONS

In respect of Repair and Servicing Work, variations of any kind in any estimate or quotation or in the scope of any repair or in the prices chargeable or otherwise whatsoever or howsoever made shall be subject to all of these conditions and 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 varied.

 

  1. TIME

Every endeavor shall be made to carry out Repair and Servicing Work and supply parts by the time desired by the customer, but time is not of the essence and the Company shall not be liable for delay howsoever caused even if a date for completion has been specified.

 

 

  1. CUSTOMER’S AGENT

Any Repair or Servicing Work or Parts supplied in relation to a vehicle pursuant to the order of any driver of the vehicle in the customer’s employment, or of any person who is reasonably believed to be acting as the customer’s agent, shall be paid for by the customer.

 

  1. PAYMENT
    1. Payment for all Parts is due within 30 days of the Company’s invoice whether or not the Parts have been collected or fitted to the vehicle at that date.
    2. No vehicle will be released to the owner, driver or agent without cleared funds being provided prior to or at the point of collection of the vehicle.
    3. If payment is not made when due, then interest will accrue on the Company’s charges at a rate of 3% above the Base Rate. Any reference to the charges or account of the Company or monies owing or indebtedness to the Company in these Terms of Business include a reference to any such interest.
    4. The Company may demand a deposit before commencing Repair and Servicing Work or during any Repair and Servicing Work.

 

  1. LIEN

The Company has a general lien on any vehicle on which it has done work and on any property in its possession belonging to a customer, for all monies owing to the Company by the customer on any account whatsoever. The Company shall be entitled to charge storage at its usual rates during any period in which the vehicle is retained by virtue of the lien.

 

  1. SALE OF GOODS

If the customer’s indebtedness to the Company is not satisfied within three months from the first account rendered to the customer in respect of that indebtedness, the Company may, without notice, sell any property upon which lien has been exercised or any parts which have not been delivered. The net proceeds of the sale shall be applied for satisfying the indebtedness of the customer to the Company and any balance shall be paid by the customer on demand.

 

  1. DELIVERY
    1. Where in any case a person calls to collect a vehicle and the Company has no grounds to believe that he does not have authority to collect the vehicle then the Company shall not be responsible for any loss or damage resulting on the grounds that the person in fact has no authority. It shall not be obligatory on 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.
    2. Delivery of parts shall be made by the customer collecting the goods at the Company's premises at any time after the Company has notified the customer that the parts are ready for collection or, if some other place for delivery is agreed by the Company, by the Company delivering the parts to that place.

 

  1. STORAGE CHARGES

If a vehicle is not collected and the Company’s charges in respect of the vehicle are not paid with seven days after the time indicated or agreed for delivery of the vehicle (or if there is not such time, the time of completion of the work), the Company may charge its usual storage rates until collection or disposal under section 8 hereof. Such a rate will be the amount displayed within the Company’s premises or £25 plus VAT per week, whichever is the greater.

 

 

 

  1. SUB-CONTRACTORS
    1. The Company may at its sole discretion employ or make use of sub-contractors, for example chrome specialists, for any part of the Repair and Servicing Work on a vehicle.
    2. The Company will exercise reasonable care in the selection of sub-contractors and the Company will accept liability for the material or goods supplied by or work carried out by any such sub-contractors in accordance with clause 13.

 

  1. DRIVING OF VEHICLES

In connection with any inspection, repair or contemplated repair, testing, taking the vehicle to sub-contractors, or other purposes for which the vehicle is accepted by the Company the customer is deemed to have authorised the vehicle on the road or elsewhere without the need for ‘trade plates’. If this is not acceptable then this must be discussed and agreed upon prior to the vehicle being worked upon and is the customer’s responsibility to do so.

 

  1. WARRANTIES AND LIMITATIONS ON LIABILITY
    1. The customer shall be entitled (as far as the Company can secure) to the benefit of any warranty to which the Company is entitled against the manufacturer of spare parts supplied or against any sub-contractor. All Repair and Servicing Work carried out by the Company and by any sub-contractor employed or used pursuant to clause 11 is only warranted against failure due to defective workmanship for a period of 3 months or 3,000 miles whichever occurs first. This warranty extends only to Repair and Servicing Work undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights of any customer who deals with the Company as a consumer.
    2. In the event of breach of contract by the Company, no compensation shall be payable for loss of profit or indirect or consequential losses.
    3. The Warranty is dependent on:
  2. Haynes Heritage Engineering being given an opportunity to investigate and rectify any faults within a given time frame.
  3. If Haynes Heritage Engineering is liable by negligence then they will put right any fault or failure deemed to be of their doing.
  4. The company require the customer to collect their vehicle in person from our premises and return the vehicle to our premises should the case of warranty, further diagnosis or repair be required.  The company is not responsible for any costs involved in doing so. All claims for the above must be made either in person or via email to the workshop manager.

 

 

  1. LIABILITY

The Company will exercise reasonable care in the selection of best quality parts, components and other materials that are available but, if it has exercised such care, it is not liable in respect of any defect in such parts, components, or materials.

 

  1. SECURITY

The Company will exercise reasonable care in respect of the safety and security of customers’ vehicles but shall be liable for loss or damage to customers’ vehicles or other property only if it is proven that the loss or damage was caused by a failure to take reasonable care by the Company. The Company has no liability for loss or damage to customers’ vehicles and other property howsoever caused, including damage caused by a lack of reasonable care on the part of the Company, if it is not at the time of the damage or loss aware that the customer has entrusted the vehicle or other such property to it.

 

When a vehicle is left at our premises for a diagnosis, repair or for any other reason, there is no guarantee that the vehicle will be kept inside at any time. Where possible, all customer vehicles will be inside overnight and at weekends, and effort will be made to keep classic & vintage vehicles inside as much as possible during the day when raining – due to logistics and space available this is not always possible. Vehicles may be moved freely between the premises and our local storage unit freely to assist with the above and this is assumed as agreed by the customer unless otherwise stated.

 

  1. REMOVED PARTS

All parts removed by the Company from a vehicle in the course of Repair and Servicing Work shall, unless prior notification to the contrary has been given by the customer, be deemed to be wholly abandoned to the Company with immediate effect and become the Company’s absolute property accordingly.

 

 

  1. RETENTION OF TITLE
    1. It is a condition of the contract that all parts and materials supplied in the course of Repair and Servicing Work by the Company to the customer shall remain vested in the Company until payment due under all contracts between the Company and the customer has been made in full.
    2. Notwithstanding that the property in the Goods remains vested in the Company, risk of damage to or loss of the Goods passes to the customer upon delivery or deemed delivery of the Goods and as from the date of such delivery or deemed delivery the customer shall be liable to pay the Company the contract price for the Goods.

 

  1. RETURN OF GOODS

The Company may accept the return of parts and give credit (less a handling fee) subject to the Goods being returned in perfect condition within seven days of the date of supply. Returns are not accepted of items which have been specially ordered by the Company for the customer.

 

  1. NOTICES

Any notice to a customer posted or emailed to his last known address or email address shall be good notice.

 

  1. INSOLVENCY OF CUSTOMER

This clause applies if the customer makes a voluntary arrangement with its creditors or becomes subject to an administration order, bankruptcy or goes into liquidation. Under these circumstances the Company shall be entitled to cancel the contract immediately. 

 

  1. GENERAL
    1. No waiver by the Company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
    2. By agreeing to these Terms of Business you are aware of the service that Haynes Heritage Engineering are providing and you are purchasing and hence all elements included therein.