Terms of Business – fudgesmart.co.uk

Terms of Business…

  1. General and Definitions

1.1      These terms are the only terms on which suffolk smarts ltd T/As fudgesmart, sw-exclusive, SSL, 450racing and associated web alias’ (called “the Company”) contracts with the customer, these terms may not be up to date, for our very latest terms of business please refer to the reverse of your quotation / invoice.

1.2      “Goods” means all goods, parts or other things sold by the Company to the Customer whether or not supplied in conjunction with work to be done by the Company but Excludes Cars Sold.

1.3      “Work” means any work to be done by the Company whether by way of repairs, service, fitting or otherwise.

1.4      The Customer will be deemed to have accepted these Terms of Business if they or their insurance company or representative give instructions by any means for work to be done or goods to be supplied be those Written (physical or electronic) or Verbal.

1.5      “Vehicle” means any car, lorry, van, trailer, caravan, invalid carriage and cycle, and, as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery and each and every component of a vehicle.

  1. Estimates

2.1      An estimate is a considered approximation of the likely costs involved. All estimates are valid for 14 days from the dispatch of the estimate by the Company to the Customer. If the Customer deposits a vehicle with the Company for the purpose of an estimate, a storage charge based on the Company’s current rates will be made to the Customer from the 15th day after dispatch of the estimate by the Company unless the estimate is accepted by the Customer or the vehicle is removed from the Company’s premises within that period.

2.2      Prices of goods are based on prices current at the time of preparation of the estimate. The Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the goods.

2.3      Unless otherwise agreed in writing, if it appears during progress of any work that that the estimate will be exceeded by a significant amount, the Company will not continue the work without further express permission (which need not be in writing) from the Customer.

  1. Uncompleted Work

3.1      If for any reason the work requested by the Customer is not carried out in full, the Company will charge a reasonable amount for any work actually completed and the current price of any goods supplied or fitted.

  1. Variations

4.1      Any variation agreed between the Company and the Customer in work to be done or goods to be supplied shall be deemed to be an amendment to this contract and shall not constitute a new contract.

  1. Time

5.1      The Company will use its best efforts to do work or supply goods within any time period notified to the Customer. However time shall not be of an essence and the Company will not be liable for any delays.

  1. Completion of Work and Payment

6.1      All goods shall be paid for on delivery or collection unless a credit facility has been agreed in advance with a Director.

6.2      Unless otherwise stated, all service work undertaken is carried out in accordance with manufacturers schedules.

6.3      Work shall be deemed to be complete when the Company advises the Customer that such work is complete. The Customer will pay the Company for all work done and goods supplied as well as any storage charges before any vehicle may be removed from the Company’s premises, If the customer is unable to pay on return of a vehicle a redelivery charge is payable equal to the original collection and delivery charge.

6.4      If a vehicle is not collected by the Customer within seven days of the Customer being advised that work is complete the Company will charge for storage at its current rates (£4 Per Day Calculated At 8am). The Company may sell the vehicle if the Customer shall fail to pay monies due to the Company and collect the vehicle within 3 months of being notified that the work is completed, and being notified of the Companies intention to sell it. Upon any such sale the Company shall pay the balance of the proceeds to the Customer after deducting all monies due to the Company and all costs of sale.

6.5      Interest at the rate of 2.00% per month (apportionable by the day) will accrue on all overdue payments.

  1. Retention of Title and Risk

7.1      Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer.

7.2      Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the full price thereof together with the full price of any other goods the subject of any other contract with the Company and together with all storage charges and interest which may be due to the Company under this contract or any other, and until payment in full as aforesaid has been made the Customer acknowledges that he is in full possession of the goods solely as bailee for the Company.

7.3      Until the customer becomes the owner of the goods they will store them separately from their own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.

7.4      The Customers right to possession shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle to a person to present a petition for winding up. The Company may for the purpose of recovery of the goods enter upon any premises where they are stored or where they are reasonable thought to be stored and may reposes the same.

7.5      The Customer shall be at liberty to agree to sell on the goods or any other product produced from or with the goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) and bailees for the Company, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into an overdrawn bank account and shall at all times be identifiable as the Company’s monies.

7.6      The Customer shall be at liberty to agree to sell on the goods or any other product produced from or with the goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) and bailees for the Company, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into an overdrawn bank account and shall at all times be identifiable as the Company’s monies.

7.7      Upon nonpayment of an invoice in full or part the company shall not be held liable for any warranties offered or for failure of any part and or labour listed overleaf how so ever caused, debt recovery will be arranged by the Company and costs of this service added to the outstanding invoice.

  1. Delivery

8.1      Unless otherwise agreed in writing delivery of goods shall be ex the Company’s premises.

8.2      Where a collection and delivery service is provided for a Customers vehicle, the Company shall not be responsible for stone chips, punctures or glass damage occurring whilst in transit.

  1. Loss or Damage

9.1      The Company is only responsible for loss or damage to any vehicle, its accessories and contents caused by the negligence of the Company or its employees. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely on his own insurance.

9.2      Goods received that are damaged must be reported to the Company within 24 hours of delivery if a credit or exchange is required.

  1. Replaced Parts

10.1    All parts replaced during any work done, except those that have to be returned to manufacturers or suppliers under warranty or service exchange arrangements, will be retained by the Company for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.

  1. Returned Goods

11.1    Goods (not cars) will be accepted for credit provided:

  1. i)      The Customer returns the goods unused within 5 working days of delivery;
  2. ii)     The original invoice is produced;

iii)    The Customer pays the current handling charges (25%)

  1. iv)    The goods were not non-stock items specially ordered for the Customer.

11.2    Save as aforesaid goods will not be accepted back by the Company

11.3    Exchange units that are to be returned for a surcharge credit must be returned to the Company within one calendar month of the original issue and be fit for remanufacture.

  1. Sub Contracting

12.1    The Company shall be entitled to carry out its obligations under this contract by subcontractors but shall be responsible for quality of subcontractors work.

  1. Health and Safety

13.1    Notice is hereby given to the Customer that the instructions for use, cautionary notices, and other technical notices and information are available upon request.

  1. Warranty

14.1    In respect of any parts fitted new or used and/or other goods. The Company warrants its work free of defects for a period of 3 months or 3,000 miles whichever occurs sooner, from the date of completion of the work. Specific mechanical failure of a replacement part used as part of an engine rebuild only is covered assuming the vehicle has been serviced using approved parts and lubricants at the manufacturers specified intervals, proof of service work including dates, mileage, registration number and showing a valid VAT registration number is required.

14.2    If the work includes painting then

(i)    If the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the work but no warranty can be given in this respect.

(ii)   No warranty can be given that the new paintwork will match existing paintwork exactly.

14.3    The warranties in 14.1 above are in addition to any other remedies the Customer may have under the contract but where applicable do not extend to cover defect arising from the Customers failure to have the vehicle serviced in line with the manufacturer’s recommendations, or failure to personally maintain the vehicle in accordance with the manufacturers handbook.

14.4    In cases where the reason for failure cannot be identified by the Company, the goods will be forwarded to a third party such as the part manufacturer or independent specialist for investigation. In these cases the Customer remains liable for the cost of the work undertaken until the third party confirms the cause of failure as being covered by warranty, dependant upon the outcome of the investigation, the customer may be liable for the company’s costs in carrying out the investigation.

14.5    Trade customers assume all warranty liability for works carried out unless specifically indicated otherwise overleaf, The Company accepts no claim for parts or labour warranty claims against ‘Trade’ work.

14.6    See 7.7 Above (Upon nonpayment of an invoice in full or part the company shall not be held liable for any warranties offered or for failure of any part and or labour listed overleaf how so ever caused).

14.7    Parts Warranty Claims will only be valid when accompanied with a copy of the sales invoice from ourselves, we will, on your behalf contact our supplier and endeavor to replace a faulty part under the manufacturer’s warranty, costs accrued by SSL in complying with a part manufacturer’s terms of business cannot be absorbed by the Company. Timescales for a resolve to a parts warranty claim are also, beyond the company’s control. The extent of parts warranty is replacement of the part, fitting, coding, setting up, replacement / top up fluids are all beyond the ‘parts warranty’ and may be charged for by the company.

  1. Notices

15.1    All written notices given by the Company to the Customer shall take effect 24 hours after being   dispatched by the Company in the normal course of post to the Customers last notified address/telephone number, be that Physical or Electronic, Voice or Text.

15.2    All instances of dissatisfaction with any goods or services supplied, or invoicing disputes, must be notified to the Company’s offices (Workshop Address) in writing, with 7 days.

  1. 7 Day No Quibble Money Back Satisfaction Guarantee On Remaps Only

You will take the car to our workshops for removal of the mapping software within 7 days for a full refund of any monies charged for a remap (travel/mileage is nonrefundable). Faults discovered with a mapped vehicle that are only displayed once our generic mapping software is applied are not warranted under our terms based on the fact that our software has now been unchanged since 2007 and as such, any fault that is subsequently discovered on a vehicle must have been either pre-existing or simply highlighted by the enhancements provided and not a fault of the actual software..

 suffolk smarts ltd T/As fudgesmart & sw-exclusive

E: mcb@suffolksmartsltd.co.uk T: 07711 224567