We (Modena Rosso Limited) accept vehicles in order to provide Goods and/or Services.
These Terms & Conditions shall apply to the repair and maintenance of motor vehicles by Modena Rosso Limited
Definitions within these terms & conditions
The Garage Modena Rosso Limited (company registration 0467154)
The Customer Any individual, firm or corporate body requiring the garage services
Work Any services carried out by the Garage
Price Costs payable for the work including parts, labour & VAT
Vehicle Customer’s vehicle
Terms the Terms & Conditions set out in this document
These terms & conditions will be binding between the Garage & the Customer upon the booking of any work or services, or both
The Customer should ensure that these Terms & Conditions are read carefully and check that the details are complete and accurate before agreeing to any Work.
Special Offers: from time to time the Garage will offer services under Special Offers or Promotions with modified terms. These modified terms may carry some of the standard terms, such as price and will take precedence when offered & accepted.
If you place a booking for work via the phone, internet or in person you warrant that you are legally capable of entering into a contract, that you are over 18 years of age and reside in the UK.
ESTIMATES
Estimates are valid for 28 days from the date given. All estimates provided by the Garage are subject to change caused by variations. In the event of any variation occurring before or after acceptance of the estimate, the Garage may if it considers reasonable require the Customer to pay on completion of the work any increase due to such variation.
If no estimate is provided or if part only of the work covered by the estimate is carried out the Garage shall be entitled to charge a reasonable and proper price for the work carried out (including any stripping down leading to determination as to the practicability or otherwise of any work and re-assembly) and for materials, spare-parts supplied.
The Garage may refuse to carry out all or part of any work for any reason, whether an estimate has been provided or not.
Variations to the estimate, the scope of repair or work, the Price chargeable shall be subject to these terms & conditions and so that any such variation shall not be deemed to constitute or create a new or separate contract.
The Garage may need certain information from you that is necessary for us to provide an estimate. If the information provided by the Customer is incomplete or incorrect the Garage will not be liable.
THE WORK
We shall use our best & reasonable endeavours to give you an accurate timescale
The Garage will provide details of the cost of any work required before it is carried out and this shall be agreed upon by the Customer and the Garage prior to commencement of any Work.
During the Work it may become evident that additional parts and/or labour is required. In this event no additional Work will be carried out or parts ordered without the prior consent of the Customer.
We will inform you immediately and provide an estimate for the additional parts & labour.
The Garage may need certain information from you at this time to continue with the Work. If you do not, provide us with this information or you update us with incomplete or incorrect information, the Garage may suspend the Work by giving you written notice.
If due to circumstances beyond our control, including un-availability of parts or a delay in delivery whereby it will not be possible for the work to be completed as agreed, we will contact you as soon as is reasonably possible to inform you accordingly.
If Work cannot be undertaken on time as set out above, you may exercise your right to cancel. Any parts or time served (labour) will still be chargeable.
Once we are in receipt of your vehicle keys and the Work is booked, this will be deemed as acceptance of the Cost of the Work and acceptance of these terms & conditions.
All parts removed by the Garage, during the course of the repair will be made available to you for viewing & examination up to and including the time you collect the Vehicle. If these parts are not claimed within 14 days after the collection they are deemed to be wholly abandoned to us and shall become the absolute property of the Garage.
If you wish to remove the original parts from the Garage, we shall be entitled to charge a surcharge, which will be refunded on their return.
Parts specifically ordered or custom-made to requirements for the Work are not returnable
The Garage shall use it’s best and reasonable endeavours to ensure that good care is taken of the Vehicle and any of the Customer’s possessions which may be inside it.
Notwithstanding this provision, we shall not be held responsible for any loss or damage to such possessions, and the Customer is advised to remove all possessions from the Vehicle prior to the start of the Work.
In connection with any Work involving inspection, repair or contemplated repair, you are deemed to have authorised the driving of the Vehicle on the road or elsewhere by or on behalf of the Garage and their authorised employees.
DELIVERY / COMPLETION
Every endeavour will be made to complete the Work by the estimated time. The Garage shall not be liable for any delay. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection.
Where in a case a driver who so far as the Garage is aware has the authority to collect the vehicle, the Garage 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. It shall not be obligatory upon the Garage 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.
If you ask to collect the Vehicle from our premises, you can collect from the Garage at anytime during our working hours.
If a vehicle is not collected, the Garage may charge a reasonable storage cost from the date of completion until collection.
PAYMENT / DEPOSITS
From the point at which we start work on the Vehicle up until the point at which all sums due are paid in full in cleared funds, we shall have a general lien on the Vehicle and it’s contents for all sums due.
Following completion of the Work, we shall issue an invoice to the Customer. This can be paid in cash (maximum amount of £1000.00) or by bank transfer, debit card or credit card ONLY.
Where the Garage are providing specialist Work over a long-term period we may ask you to make an advance payment and subsequent payments on account. These amounts will be shown and deducted from the balance on the final invoice.
All sums shall be due within the requested terms marked on the relevant invoice
Our invoice and/or accompanying report shall provide a comprehensive summary of all works done and shall provide full details of all parts & labour including the Price payable therefore.
All work carried out, including any additional work, will be inclusive of VAT
Any special order parts, ordered in advance must be paid for in full prior to ordering and shall be non-returnable or refundable in any circumstances. This includes parts ordered from abroad. Such parts may also be subject to a 30% handling charge and will be advised to the Customer in advance of any orders being placed.
Vehicles shall be collected within a reasonable amount of time (2-3 days) of us informing you that the works are complete.
Vehicles not collected within this time could incur a storage charge of £25 per day plus VAT unless prior agreement has been given in writing by a Director of the Company.
COURTESY CAR
The Garage, Modena Rosso does not offer or provide a Courtesy Car
OUR WARRANTY
Where Lifetime warranty applies, this will only be covered for manufacturers defects. In addition to your Statutory Rights, we provide a Parts & Labour Warranty for a period of 12 months or within 12,000 miles – whichever comes first, for parts which are replaced by us and become defective within this time or distance and any related workmanship.
Certain products will be excluded from this warranty.
If the vehicle has been altered from the vehicle manufacturer’s product line or if the vehicle is being used for race or rally. It is the Customer’s right to inform the Garage when making the booking of such changes to the vehicle.
Any Warranty given is dependent upon:
The Garage will not be held responsible for any losses accrued whilst the vehicle is under warranty repairs. It is the Customer’s responsibility to recover the vehicle back to the Garage for any warranty repairs.
The warranties on certain parts may vary due to their original Manufacturer’s warranty conditions. The Customer will be informed of this.
Any warranty granted by the Garage applies directly to the Customer. The warranty is NOT transferable. If the Customer sells or otherwise transfers ownership of the Vehicle to another party, that party shall NOT be entitled to make any claim to the Garage against warranty.
CUSTOMER SUPPLIED PARTS
We will not warrant or be held responsible for any parts supplied by the Customer, whether new or used. Should such parts cause any damage to the Vehicle, we shall be entitled to charge for any costs incurred, including any labour for their installation and/or removal and will not be held responsible for any consequential loss or damage whatsoever.
INSURANCE CLAIMS
If the Work to be carried out on the Vehicle is the subject of an insurance claim, you (or the policyholder if they are not the same person) may be required to sign documents required by the Insurer to authorise payment to the Garage for the Work.
We shall not be held responsible for any delays in completing the Work and/or returning the Vehicle to you where such delays arise out of the actions of the Insurer including but not limited to, the withholding of payment.
EXISTING VEHICLE WARRANTIES
If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust/corrosion warranty at the time of the Work, we shall ensure that all work is carried out in accordance with the terms of those warranties.
If additional cost will be incurred by such conformity, the Customer will be informed of alternatives and the consequences of such alternatives (including but not limited to, the voiding of the Manufacturer’s warranties) explained to them in full. The Customer’s decision shall be final.
The Garage shall obtain the consent of any warranty provider (whether that is the Manufacturer or a third party organisation) prior to the commencement of any work covered by the warranty.
The Garage shall not be responsible for any failure to comply with any warranties where the Customer has not made the Garage aware of the same in advance of any work being carried out.
CANCELLATION
The Customer has the right to cancel the work at any time, subject to the provisions below.
If Work has commenced, the Customer will be required to pay for all the labour and parts used up until the point of cancellation and shall be invoiced for the same.
Any parts ordered and paid for in advance will be non-refundable in any circumstances. Notwithstanding any payment the Customer may make for parts, those parts shall remain the property of the Garage and we shall remain at liberty to use them or dispose of them as we see fit until we have received payment in full.
If the Garage have a need to cancel Work or parts before the start date due to an event outside of our control or the unavailability of stock, key personnel or key materials without which we cannot continue the Work, we will contact you promptly.
Where we must cancel Work and you have made a payment in advance for Work not provided, the Garage will refund these amounts to you
GARAGE INSURANCE & LIABILITIES
The Garage, shall always have in place suitable and valid insurance which shall include public liability insurance.
The Garage’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms & Conditions shall be limited to the extent of this insurance. We shall, under no circumstances be liable for any consequential loss or damage whatsoever. The Garage is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions or recommendations given by the Garage or by the Manufacturer.
The Garage is not liable for any loss or damage suffered by the Customer from the storage of their vehicle or the vehicle’s contents at the Company’s premises.
Nothing in these Terms & Conditions shall limit the Garage’s liability for death or personal injury.
The Garage shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Garage’s carrying out of the Work or any breach of these Terms & Conditions.
The Customer shall indemnify the Garage against any costs, liability, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms & Conditions.
COMPLAINTS PROCEDURE
Any complaint with respect to any Work carried out by the Garage must be made in writing to a Director of the Company within 28 days of the work being completed.
The Customer shall give the Company the opportunity to investigate or resolve any issues before corresponding with any other party. We will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with us until this investigation has been carried out.
We will contact you within 10 working days of receipt of the complaint to confirm receipt. We will then endeavour to resolve all disputes amicably and professionally within a further 15 working days. Should the dispute take longer, we will notify you accordingly.
After the investigation, should you wish to escalate the complaint, you have the right to obtain independent advice.
CONSUMER RIGHTS
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer, including those arising out of @The Supply of Goods and Services Act 1982 or any amendments thereto. For more information about your statutory rights, please contact the Citizens Advice Bureau.
ABUSE
We will not tolerate any abusive behaviour, language or threats to any staff or other customers, whether in person, on the telephone or in writing. Anyone behaving in this manner on the premises will be asked to leave and the police will be contacted if required.
DATA PROTECTION
We will retain your details and hold them on a secure database for the purpose of direct marketing. If you wish to be removed from our database, please write to us to let us know at info@modenarosso.com FAO of the Data Controller. We will not share your personal data with any third parties for any reasons without your prior consent. Such data will only be collected, processed and held in accordance with our rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
NO WAIVER
No failure by either the Garage or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
SEVERANCE
If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby.
FORCE MAJEURE
Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include but are not limited to: lack of availability of parts, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of England and Wales. Any dispute between the Parties relating to these Terms & Conditions shall fall within the jurisdiction of the courts of England and Wales.
The Garage is registered in England and Wales under company registration number 04671511 and our operating address is registered at Tandem Industrial Estate, Waterloo, Huddersfield, HD5 0AN
