Terms & Conditions
INSANE AUTOMOTIVE LTD
TERMS AND CONDITIONS
Updated 1st February 2023
1. Definitions
1.1 “The Company” refers to Insane Automotive Ltd of Unit 21, Moderna Way, Mytholmroyd, HX7 5QQ.
1.2 “The Customer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company.
1.3 “The Vehicle” refers to The Customer’s car, van or motorhome.
1.4 “The Conditions” refers to the terms and conditions of the Company’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of the Company.
2. Conditions
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Customer, to the exclusion of all other terms and conditions, including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
3. Pricing
3.1 The price of the service provided shall be the price agreed between The Company and The Customer, at the time The Customer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of The Company. The price of the work carried out is exclusive of VAT. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.
3.2 Our standard rates are as follows;
3.2.1 Hourly labour rate £50
3.2.2 OBD diagnostic fee £50
3.2.3 Engine Oil £10 per litre
3.2.4 Daily storage fee £15
3.3 Other than complimentary vehicle health checks, the hourly rate set out in 3.2.1 is the minimum charge for any work.
4. Orders, Estimates and Deposits
4.1 Estimates are valid for the date given. If instructions are not received from The Customer (in response to an estimate rendered) within 48 hours, The Company may invoice for reasonable storage and ramp charges from the date that the vehicle was received until its collection. (Note: The Company does not, as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by The Company and duly paid for).
4.2 All estimates by The Company are subject to change caused by variations to The Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate, The Company may if it thinks fit, require The Customer to pay on completion of the work any increase due to such variation.
4.3 If no estimate is provided or if only part of the work covered by the estimate is carried out, The Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
4.4 The Company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
4.5 Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.
4.6 Orders received, for goods and/or Services, from any driver employed by The Customer or by any person who is reasonably believed to be acting as The Customer’s agent or by the order of any person to whom The Company is entitled to make delivery of the vehicle shall be binding upon The Customer.
4.7 Any additional work will need to be authorised by The Customer due to fact the vehicle being on site and The Customer not, we will accept authorisation over the telephone or by email.
4.8 The Customer is responsible for advising The Company of any outstanding manufacturer or 3rd party warranty on The Vehicle. Once informed by The Customer, The Company may advise of the implications of going ahead with the work – including requesting consent from the manufacturer or 3rd party – but the decision to proceed with any work is The Customers alone.
4.9 The Company may require a deposit before commencing any work.
4.10 The Customer may cancel any work booked, subject to the provisions below;
4.10.1 The Company reserves the right to charge an administration fee equal to one hour labour, to cover the cost of sourcing parts and/or arranging the work requested by The Customer
4.10.2 If the work or part thereof has already been undertaken by The Company, it may charge for any labour or parts costs incurred up to the point of cancellation by The Customer
4.10.3 If The Customer has lodged a deposit or payment with The Company before commencing any work, this money will be returned to The Customer, after deducting any charges outlined in clauses 4.10.1 and 4.10.2 above, within 14 days of the cancellation.
5. Completion and Delivery
5.1 Every effort will be made to provide the goods and/or services by the estimated time, but The Company shall not be liable for any delay in completing the goods and/or services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection. The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work.
5.2 The Company will invoice £15 per day for the storage of any vehicle not collected within an agreed collection time following any work termination or completion of agreed work.
6. Payment
6.1 Payment for all goods and/or services, repairs and/or spare parts supplied is due on completion of work. The work is deemed to be completed for the purpose of these terms and conditions, when notice has been given that the vehicle is ready for collection or delivery. All goods and/or services shall remain the absolute and unencumbered property of The Company until such time as The Company has received cleared payment in full from The Customer, in respect of such goods and/or services. Cheques are not accepted as a valid method of payment.
6.2 The Company shall have a general lien on all of The Customer’s vehicles and all of their contents for all monies owing to The Company by The Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.
6.3 If The Customer’s indebtedness to The Company is not satisfied within 28 days from the date of the first invoice to The Customer, The Company may without notice sell any vehicle owned by The Customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from The Customer to The Company, and any balance shall be paid by The Company to The Customer on demand.
7. Credit Terms
7.1 Payment of the price and VAT shall be due at point of collection/delivery of vehicle following completion of the work, unless otherwise agreed, in writing, with The Company. Payment in this instance is generally agreed to be 7 days from date of invoice.
7.2 Where Credit Terms have been extended to The Customer by The Company, The Company reserves the right to refuse to provide any of its garage services or parts ordered by The Customer, where to do so would mean The Customer exceeding the agreed credit limit and/or terms extended to The Customer.
8. Remedies for Late Payment
8.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between The Company and The Customer giving an agreed payment period of 7 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (5% above the base rate of the Bank of England applicable on the date the debt becomes due). Interest will accrue until settlement is reached or until any Court Judgment is made.
8.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to The Company from The Customer shall become immediately payable and subject to clause 8.1 above.
8.3 The Company shall be entitled to recover from The Customer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under clause 8.2 above.
8.4 Without prejudice to any of The Company’s other rights, The Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to The Customer. Any parts, or equipment, provided to The Customer by The Company remain the property of The Company until all amounts owed are paid.
9. Title and Risk
9.1 Any work carried out by The Company at the request of The Customer, will be at The Customer’s risk from the point of completion of work, to The Customer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from The Company to The Customer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from The Customer to The Company.
9.2 All parts removed by The Company in the course of the repair shall, if not claimed by The Customer within 24 hours after the completion of the work be deemed to be owned by The Company and they shall become The Company’s absolute property. Parts returned to supplier may be subject to a handling charge. Parts specially ordered or otherwise modified at the request of The Customer, are not returnable.
10. Disputes Procedure and Jurisdiction
Any and all contracts entered into between The Company and The Customer shall be governed by the laws of England and Wales, and all disputes arising out of any contract between The Company and The Customer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that The Customer is dissatisfied with any repair or service carried out by The Company, The Customer should first make contact with The Company in order to try and resolve the matter. The Company has a complaints procedure in place, which is detailed in section 17 of The Conditions. It also complies with the Data Protection Act.
12. Warranty Period
12.1 The Company will warrant the work from the date of invoice for a warranty period of 12 months or a distance of 10,000 miles, whichever occurs first.
12.2 Unless The Company explicitly specifies upon invoicing, the warranty period on parts is 12 months or a distance of 10,000 miles, whichever occurs first, subject to the conditions outlined in clause 12.8. The warranties on certain parts may vary due to their original manufacturers’ warranty conditions, which will be notified on the invoice or another document.
12.3 If any work done and/or parts used fails during the warranty period, The Company shall carry out the necessary repairs and replacements at no additional cost to The Customer.
12.4 The Company must be provided with an opportunity to investigate and rectify any faults within a reasonable time frame. Interference by a 3rd party with regards to any failure of part and/or workmanship may invalidate the warranty.
12.5 The Company will not be liable for any vehicle transport costs required in order to enable an inspection or repair.
12.6 The Company is not responsible for the costs of repair where parts were not originally supplied by The Company, furthermore any labour cost incurred with replacing such parts are not covered under the warranty, unless failure is deemed to be a direct result of unsatisfactory workmanship.
12.7 Any warranty offered, will apply to The Vehicle. If The Customer sells or otherwise transfers ownership of The Vehicle to another person, they will be entitled to the benefit of the warranty for the remainder of the term or distance.
12.8 The Company will be entitled to void any warranty if The Vehicle is used for anything other than normal purposes. This includes:
12.8.1 Participating in racing or other competitions of any kind;
12.8.2 Participating in speed testing or time trials;
12.8.3 Use which exceeds its design limitations (e.g. exceeding maximum towing weight) or where the vehicle has been subjected to abnormal conditions or unreasonable wear and tear;
12.8.4 Use which does not conform with manufacturer’s recommendations;
12.8.5 Failure to service or otherwise maintain The Vehicle in accordance with the manufacturer’s recommendations.
13. Insurance, Damage and Liability
13.1 The Company is responsible for any damage to The Vehicle caused by negligence or failure to exercise reasonable care whilst it is in its possession.
13.2 The Company will at all times have in place suitable and valid insurance; including public liability insurance, adequate cover for road-testing and the collection or delivery of The Customer’s vehicle(s).
13.3 The Company will not be responsible for any loss, damage or theft of any items or belongings left by The Customer in The Vehicle.
13.4 The Customer is responsible for checking their vehicle for any damage before it leaves The Company premises. Once The Vehicle leaves The Company premises upon completion of work, there will be no liability by The Company.
14. Courtesy Vehicle (not currently offered)
The Company does not guarantee a courtesy car being available. The courtesy vehicles may only be used by drivers over the age of 25, and any damage to the courtesy vehicle will be need to covered by The Customer’s own vehicle insurance. Copy of the driver’s vehicle license document must be provided prior taking courtesy vehicle from The Company’s premises. It is the responsibility of the driver to inspect the courtesy vehicle for damage and noted on the loan vehicle document prior to leaving The Company’s premises. The courtesy vehicle will be inspected by a member of The Company on its return to The Company’s premises.
15. Waste
The Company is covered for environment waste transfers and holds a license for disposal of hazardous waste, which is available for inspection upon request.
16. Information Use (Data Protection & GDPR)
The Company is committed to respecting The Customer’s privacy and protecting personal data. Please see our privacy policy, which outlines how The Company collects, process and protect personal data as a visitor of The Company’s website and as a customer. It also provides information on your privacy rights and how the law protects you – The Customer.
17. Complaints Procedure
The Company aims to provide a high level of customer service to all our customers. However, there may be circumstances where something goes wrong and either the service we offer, or the work we undertake does not meet these expectations. If you feel this is the case, please contact us immediately (details below) and we’ll try to rectify the situation.
Insane Automotive Ltd, Unit 21, Moderna Way, Mytholmroyd, HX7 5QQ
workshop@insaneautomotive.co.uk
The Company takes complaints seriously and will try to resolve issues as soon as possible, with minimum inconvenience to The Customer. In more complex cases, we may take longer to respond, but we aim to respond to all complaints within 14 days.