The Title in any goods or services does not pass to the Customer until all monies are received in full and all cheques cleared. Nothing contained herein is designed to nor will if affect a Customer's statutory rights. Service Sales: Please refer to conditions below. Parts Sales: Please refer to conditions below and goods supplied of merchantable quality will not be accepted for credit unless returned within 7 days of issue, quoting the invoice number overleaf. All new parts returned will be subject to a handling charge. Goods correctly supplied to special order cannot be accepted for credit.
In these conditions "the Dealer" shall mean the SMC Motor Group to be an authorised U.K. Dealer by whom this form is used "the Customer" shall mean the person or body by or on whose behalf the work order was signed and "the Manufacturer" shall mean the manufacturer of the relevant marque and subsidiaries thereof or its successors.
Where the Dealer contracts to carry out any Standard Inspection Service or Diagnostic Operation by name the Dealer's liability shall be limited to the performance of such work as may be prescribed from time to time by the manufacturer or the Importer for the United Kingdom as coming within the scope of such operation.
All contracts with the Dealer shall be valid and binding only if made in writing upon the Dealer's Workshop Instructions Form and shall be subject to these conditions business and no other. A contract shall exist when and only when the Dealer's Workshop Instructions Form has been signed by or on behalf of the Customer. No variation of any contract shall be valid unless agreed in writing and signed by or on behalf of the Customer and the Dealer.
The Dealer and its servants and agents are expressly authorised by the Customer to use the vehicle or vehicles referred to overleaf on the highway and elsewhere for all purposes in connection with the Inspection Service and Repair thereof.
All monies due to the Dealer in respect of Inspection Service or Repair operations carried out on the vehicle or vehicles referred to overleaf shall become payable when such operations are completed and the Customer has been notified either overleaf or otherwise that the vehicle or vehicles are ready for collection. Unless otherwise agreed all payments to the Dealer shall be made before the vehicle or vehicles are released to the Customer and in cash and not by cheque unless such a cheque is supported by cheque or approved Banker's Card.
The Customer acknowledges the Dealer to have a legal lien upon any vehicle or vehicles left with the Dealer for Service Inspection or Repair and upon the fittings or contents thereof for all monies due to the Dealer from the Customer on any account.
Subject to the provisions of the Unfair Contract Terms Act 1977 and any amendment thereof vehicles and the components fittings and contents of vehicle are left with the Dealer entirely at the Customer's risk. The Dealer shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Dealer its servants agents or otherwise.
If, after the date of any contract made subject to these conditions of business but before payment is made by the Customer the recommended list prices of the Manufacturer or it's United Kingdom importer for any work carried out or parts supplied shall rise, then the contract price shall rise accordingly notwith-standing the terms of any estimate or quotation the Dealer may have given.
Except in so far as liability may be placed upon the Dealer by the Unfair Contract Terms Act 1977 or in respect of a vehicle subject to the Manufacturer's Warranty or a replacement component fitted to a vehicle in the course of service or repair and similarly subject or by law no conditions or warranties are given or implied as to the quality of goods or services supplied by the Dealer or their fitness for any particular purpose whether such purpose shall be known to the Dealer or not. The Dealer will however without prejudice to it's rights here under correct all faults in Inspection Service or Repairs operations carried out by the Dealer and occuring by reason of the Dealer's default or negligence and shown to be such to the Dealer's reasonable satisfaction.
All agreements made between the Dealer and the Customer, or as provided by the Unfair Contract Terms Act 1977 or similar enacted Legislation, Regulations and Directives, are personal to the Customer who shall not assign his rights or liabilities under an agreement made subject to these conditions.
If in the Dealer's reasonable opinion the operations ordered to be carried out by the Customer cannot be carried out without the vehicle or any part thereof being washed or otherwise cleaned the cost of such washing or cleaning shall be chargeable to the Customer as if the same had been specifically ordered by him.
If the Customer shall become bankrupt or insolvent or make any arrangement with creditors or suffer a receiver of his effects to be appointed or being a body corporate enters into liquidation other than for the purpose of amalgamation or reconstruction the Dealer shall have the right to terminate any agreement with the Customer subject to these conditions and shall thenceforth cease to have any further obligation under the contract and the price for all work done and goods and services rendered by the Dealer shall immediately become payable.
If by reason of the Customer's instructions or lack of such instructions any vehicle or vehicles left with the Dealer for any Inspection Service or Repair operation are not collected by the Customer from the Dealer within 7 days of the Dealer's having notified the Customer either overleaf or otherwise that such operations have been completed the Dealer shall be at liberty to charge the Customer a reasonable daily sum for the storage of such vehicle or vehicles.
The work carried out as specified overleaf is warranted against faulty workmanship for a period of 12 months or 12,000 miles, whichever occurs first, from the date of completion of the work. This does not seek to effect your rights under common law.
No parts will be accepted for credit unless returned within 7 days of collection, quoting this invoice number. All new parts returned for credit shall, in the opinion of the Dealer, be in reasonable condition, of merchantable quality and may be subject to a handling charge. Goods specially ordered cannot be accepted for credit. This does not affect your right under Sale and Supply of Goods Act 1994.
Notification of Changes
Every effort has been made to ensure that the information contained on the website is accurate at the time of creation and/or modification of the website. However, The SMC Garage Group cannot guarantee the completeness or accuracy of information contained on the website and shall not be responsible for errors or inaccuracies. The SMC Garage Group reserves the right to make changes to or take down the website or remove or alter any content at any time and without notice. Under no circumstances shall The SMC Garage Group be liable for any reliance by you on any information which is made available on the website. Further, The SMC Garage Group does not in any way guarantee that the website will be available, uninterrupted or error free.