STA AYLESBURY LIMITED
TERMS & CONDITIONS OF BUSINESS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and services to you.
1.2 Why you should read them. Please read these terms carefully before you contract with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are STA Aylesbury Limiteda company registered in England and Wales. Our company registration number is 05940800 and our registered office is at 9 Bicester Road, Aylesbury, Buckinghamshire HP19 9AG and our trading address is at Unit 18 Anglo Business Park, Smeaton Close, Aylesbury, Buckinghamshire HP19 8UP. Our registered VAT number is [GB] 663 2511 51.
2.2 How to contact us. You can contact us by telephoning our consumer service team at (01296) 481145 or by writing to us at email@example.com or Unit 18 Anglo Business Park, Smeaton Close, Aylesbury, Buckinghamshire HP19 8UP.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails and text messages. When we use the words "writing" or "written" in these terms, this includes emails and text messages.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when you have agreed our estimated price and either signed and dated a completed Job Sheet or we have accepted your order in writing, at which point a contract will come into existence between you and us.
3.2 We only provide services at our trading address. Our website solely relates to the provision of our services in the UK at our trading address. We do not provide services otherwise than at our trading address.
4. Our rights to make changes
4.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements and/or
(b) to implement minor technical adjustments and improvements.
4.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract.
5. Providing the services
5.1 When we will provide the services. We will supply the services to you from the date we accept your order. The estimated completion date for the services is as told to you during the order process or until either you end the contract for the services as described in clause 6 or we end the contract by written notice to you as described in clause 7.
5.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
5.3 Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 4)and/or
(d) replace or re-source incorrect or faulty parts received by us from our own suppliers.
5.4 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 9.4) then if we have not completed supply of the services we may suspend provision of them and if you still do not make payment within 7 days we may make a reasonable charge for storing your vehicle (based on average daily parking charges in the area). As well as suspending the services we can also charge you interest on your overdue payments (see clause 9.5).
6. Your rights to end the contract
6.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but we may charge you for services provided and goods supplied up to that time.
6.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately The relevant reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 4.2);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk the services may be significantly delayed because of events outside our control;
(d) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
6.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 6.2, the contract will end immediately but as well as charging you for services provided and goods supplied up to that time we may charge you reasonable compensation for our loss of profit as a result of your ending the contract.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, promptly provide us with information that is necessary for us to provide the services;
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we may (in addition to charging you for services provided and goods supplied up to that time) charge you reasonable compensation for our loss of profit as a result of your breaking the contract.
7.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services..
8. If there is a problem with the services
8.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us making use of the contact details in paragraph 2.2 above.
8.2 Consumers. Any provision in these Terms and Conditions of Business which seek:-
8.2.1. To exclude or limit our liability for breach of the terms included in a contract by the Consumer Rights Act 2015; or
8.2.2. to restrict or exclude your rights to enforce any remedy provided by the Consumer Rights Act 2015; or
8.2.3. to restrict or exclude your right to enforce any of the provisions relating to the right to cancel in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
shall not apply where you are a Consumer.
Whether or not you are a Consumer we offer (subject to the conditions set out below) the following goodwill guarantee which is in addition to your legal rights and does not affect them.
· fortwelve months or 12000 miles, whichever is the sooner.
When we fully recondition a gearbox and supply an exchange torque converter we guarantee parts and labour for 12 months or 12,000 miles (whichever is the sooner) Provided Thatthe vehicle must be returned to us for checks after three months or 3000 miles (whichever is the sooner) to validate this guarantee. Water damage is not covered and our guarantee applies only if the gearbox and torque converter remain and have at all times been correctly fitted and filled to the correct level with oil or transmission fluid conforming to the manufacturers specification.
When we fully recondition a gearbox or repair it but an exchange torque converter is not supplied we offer no guarantee.
· Repairs undertaken at your request or on your instructions.
No guarantee is given in respect of work undertaken at your request or on your instructions if that request or instruction do not conform to our view of work required. We will however examine any alleged fault which appears during the period of 3 months or 3,000 miles (whichever is the sooner) provided that the alleged fault is brought to our attention immediately and that the vehicle has been returned to us for any appropriate checks.
· Prohibited uses
Our guarantee shall be of no effect if the vehicle is used at any time for the purpose of racing, rallying or for any competitive event, for hiring or for taxi purposes or for driving tuition or if the engine/drive system has been re-mapped or is non-standard or if non-standard parts (including wheels and tires) have been fitted to the vehicle except where we have specifically agreed in advance in writing to extend our guarantee to include such use.
· Return of vehicle – no unauthorised repairs
Should any fault arise the vehicle must be returned to us as soon as practicably possible and at your expense for any necessary repair or replacement of parts. No Repairer is authorised to carry out any work or adjustment to the transmission under the scope of our guarantee unless authorised to do so by us in writing in advance.
· Extent of guarantee and exclusions
All work carried out under our guarantee is free of labour and/or materials charges providing: the fault is not caused by - incorrect fitting, maladjustment or setting up of the transmission or any other act or event for which we are not responsible or low oil level, the addition or ingress of any anti friction type additives or incorrect oil or other foreign matter to the transmission, contamination of seals, misuse, neglect, accident, or by, faulty operation of any part not furnished with the transmission - such as defective cooler systems, linkages, flex plates, drive shafts, filler tubes, excessive crank shaft end float etc, and provided the transmission is not and has not been used for towing unless an adequate oil cooler is fitted and the weight of the loaded trailer is within the vehicle manufacturers recommendation.
· Transaxle type vehicles
In transaxle type vehicles, unless we have reconditioned the final drive unit at the same time our guarantee is limited to the automatic transmission only, and not to the final drive unit or damage caused by failure of such unit.
· Definition and general
Repairer – means anyone other than us.
Our guarantee does not extend to mechanical breakage of shafts, planetary gears etc or to water damage.
Courtesy car facilities are not available. No recompense will be made for or towards car hire fees.
Batteries are disconnected for safety related reasons. No responsibility can be accepted for erasure of memory of electrical equipment, i.e., radios, telephones, clocks and other presets.
Vehicles not collected when work is completed or when authorisation to complete work etc cannot be obtained, for whatever reason, will be charged storage charges (based on average daily parking charges in the area) .
All road tests are undertaken at the customers risk. Liability is not accepted for unforeseen or consequential loss or damage to vehicles whilst in our custody or control.
All work is undertaken on these Terms and Conditions of Business.
9. Price and payment
9.1 Where to find the price for the services. The price of the services (which is exclusive of VAT) is either estimated on an Estimate provided to you prior to your signing the Job Sheet at the time of acceptance of your order or included in a Job Sheet or indicated to you in writing prior to or at the time of acceptance of your order. The estimate given is however and estimate only (not a fixed price quotation) and unless we have agreed another price in writing we will be entitled to charge an additional amount if that is reasonable in all the circumstances.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that if the service's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, and not perform (or continue to perform) the services.
9.4 When you must pay and how you must pay – our own Suppliers. We will invoice you for the services when we have completed them. You must pay our invoice forthwith on delivery and before collection of your vehicle. We do not accept payment by cheque. We only accept payment in cash or by credit/debit card or by direct transfer of cleared funds to our bank account the details of which we will make available to you at the time payment is due. If we have to order from our own suppliers non-returnable parts such as ECUs and other electrical or electronic units or parts required for your vehicle then you will be charged in advance and must pay in advance the full cost of those parts.
9.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 9.4) we may charge interest to you on the overdue amount at the rate of 4% a year above Bank of England Base Rate from time to time from the due date for payment until payment is made in full. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10. Our responsibility for loss or damage suffered by you
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
10.2 We are not liable for business losses. Where you are a Consumer we only supply the services and supply goods for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us, and
(d) otherwise as provided in the privacy statement on our website www.staautogearbox.co.uk.
11.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
11.3 We will only give your personal information to our suppliers or other third parties where the law either requires or allows us to do so.
12. Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights under your contract with us and/or our guarantee to someone else. You may only transfer your rights under these terms and/or our guarantee to another person with our written consent. We may withhold our consent which we may give (and if so – either unconditionally or subject to conditions) or withhold as we please..
12.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms [ except as explained in clause 8.3in respect of our guarantee. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms].
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts which will have sole and exclusive jurisdiction in the event of any dispute between us.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to [name of ADR entity] via their website at [website address]. [[name of ADR entity] will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings].
13. Loose Transmissions
This condition 13 applies in any case where we accept loose transmissions for repair, remedial or other work. If for any reason; remedial or guarantee work is undertaken by us that work will only be undertaken on the following basis. The transmission must be returned to us as a loose unit unless we specifically request in writing that the whole vehicle is returned to us for a full system diagnostic check. We will NOT accept a return of the transmission which is attached to a vehicle if the transmission was initially supplied (whether as a new or reconditioned unit following repair) as a loose unit unless additional charges for removal and refitting are accepted by you and have been agreed with us in writing in advance before any work is undertaken.
14. Manufacturers requirements or recommendations
Where work we undertake require systems to be reset to manufacturers or factory specifications or adaptions to them and in consequence engines to be run and revved in accordance with preset or ordained protocols we do not accept responsibility for any resulting damage and such procedures are undertaken at your own risk and no liability is accepted by us.