Workshop Ts & Cs – Stuart Turner Bits & Pieces

These Terms and Conditions (these Terms and Conditions) are the standard terms which apply:

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Consumer an individual who receives any of the Services for his personal use and not for any business, trade, craft, or profession carried on by him or any other person or organisation (as defined by the Consumer Rights Act 2015 or any amendment of that Act

Customer/You/Your a customer of Stuart Turner Bits & Pieces who requires its Services who is not acting as a Consumer;

Estimate An estimate of the approximate Price of the Work;

Workshop/Us/We/Our Stuart Turner Bits & Pieces, Unit 9 Cattlemarket Business Park, Chew Road, Bristol BS40 8HB

and reference to Stuart Turner Bits & Pieces shall include reference to any and all of its staff including mechanics;

Invoice a final invoice giving the Total Price of the Work;

Manufacturer the manufacturer of the boat, engine or parts there of;

Price the VAT exclusive fee payable for the Work including parts, labour, and any additional charges;

Services any type of repair or maintenance of boats, their engines or parts there of.

Total Price the Price plus any VAT chargeable on the Price in addition

Vehicle your vehicle which may be boat, car or van.

Warranty the warranty set out in clause 9

Web Site Our Website the url of which is https://stuartturnerbitsandpieces.co.uk/

Work the particular Services that we agree to provide to you;

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile Engine or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;

1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and

1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions;

1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;

1.4 Words signifying the singular shall include the plural and vice versa; and.

1.5 References to any gender shall include the other gender.

2.1 You may request a booking for any Work (subject to our confirming the booking) in person, by telephone, by way of our Web Site or in writing;

2.2 When you request a booking, you must give us the following information:

2.2.1 your contact details including your address, telephone number and email address (if any);

2.2.2 what work you require done;

2.2.3 the make, model and age of the Vehicle or the engine;

2.2.4 details of any warranties covering the Vehicle or the engine;

2.3 We will let you have an estimate verbally or by email or first class post, based on the details you provide;

2.4 If you agree the estimate we shall confirm the booking to you and carry out the Work as close as possible to the date you originally requested as circumstances allow. There will only be a binding contract between us once we have confirmed the booking;

2.5 You may accept an Estimate in person or by email, telephone or first class post;

2.6 You confirm that for the purposes of your request for Services you are a person, company or other organisation acting wholly or mainly for the purposes of a business and not as a Consumer

3.1 We may require a deposit before we start the Work. This must be paid within 14 days of request;

3.2 From the point at which Work on the Boat, engine or part there of begins we shall have the right to keep the Boat, engine or part there of until you have made payment in full of all sums due from you;

3.3 Following Our completion of the Work, we shall issue an invoice to you;

3.4 The invoice will provide a comprehensive summary of all of the Work done and will provide full details of all parts and labour including the Price payable for it with the VAT element payable on it shown separately;

3.5 Where the Work relates to a Vehicle the invoice will show the mileage of the Vehicle and will refer to the warranty set out in Clause 9;

3.6 All sums due will be payable within 30 days of the date of the relevant invoice (due payment time);

3.7 In addition to our rights under clause 3.2, if you do not pay all sums due within the due payment time we will have the right to serve you a final notice requiring immediate payment (final notice) and if you do not pay the sums then due within 14 days of final notice we shall have the right to sell the Boat, engine or part there of at your expense without having to give you any further notice;

3.8 We shall be entitled to charge interest on any outstanding amount due from you from the date that payment was due until the date payment is actually made to be calculated on a daily basis at 4% above the base rate of Lloyds Bank plc from time to time.

4.1 If the Work to be carried out on the Vehicle or the engine is the subject of an insurance claim, you (or the policyholder if he is not the same person) must sign any documents required by the insurer to be signed to authorise payment to us for the Work;

4.2 We shall not be responsible for any delay in completing the Work and / or returning the Boat, engine or part there of to you where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.

5.1 We will tell you before we begin the Work how much time we think we will need to carry out the Work.

5.2 If we require parts to carry out the Work and these are not available at the time we have agreed to start that Work then we shall let you know this, when we expect the parts to be available and will revise our estimate as to when we expect to complete the Work.

5.3 If we cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, we will let you know and you may then either make arrangements to rebook the Work when we advise you of the availability of the parts or cancel the Work in accordance with your rights set out in Clause 10;

5.4 If we find during the course of the Work that we need to use additional parts and / or labour, we will only order the additional parts or carry out the additional work if you have first authorised us to do so. We will give you a revised estimate of the cost of the additional parts and any labour and the amount of time we think we will need to complete the additional work.;

5.5 If we replace any parts, we will make the original parts available to you to view and examine up to and including the time that you collect your Boat, engine or part there of. You may only remove those parts from the Workshop if you agree to dispose of them in an environmentally responsible manner. If you do not wish to inspect and / or remove the parts, we shall dispose of them after you collect your Boat, engine or part there of.

5.6 We shall use reasonable endeavours to ensure that we take good care of your Boat, engine or part there of. In the case of a Vehicle we require you to remove all of your possessions from it before we start the Work and will not accept responsibility for the loss of any possessions within the Vehicle that you do not remove.

6.1 In the case of a Vehicle, if it is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust / corrosion warranty at the time the Work is carried out, we shall carry out all of the Work in a way that adheres to the terms of those warranties and the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts;

6.2 If our compliance with clause 6.1 causes us additional cost, we will tell you of alternatives and will explain to you in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not we will follow any such alternative shall be your decision alone;

6.3 We shall not be responsible or liable for any failure to comply with any warranties where you have not told us of those warranties.

We may sub-contract any of our obligations under these Terms and Conditions as long as we ensure that any sub-contractor we use is reasonably skilled in the relevant practices and that we do not pass on to you any additional charges without your prior consent.

8.1 We shall at all times have in place suitable and valid insurance, including public liability insurance;

8.2 We shall not be liable to you for any loss or damage you suffer due to your failure to follow our or the Manufacturer’s instructions;

8.3 We will not be liable to you for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control;

8.4 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable;

8.5 We provide Services to you only for your personal and private use/purposes as a Consumer. We make no warranty or representation that products, or other goods or materials that we use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;

8.5 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation

Unless otherwise stated in an agreement no warranty is given or implied with respect to works carried out or parts supplied.

10.1 If under sub-Clause 10.2 you cancel any Work booked, and you have paid us any deposit or prepayment under clause 3.1, we will deduct this from any sum you owe us under any part of this Clause 10 and refund you any surplus;

10.2 If you cancel the Work after we have started it you must pay us for all labour and for all parts we have used and for those parts we have not used but which we have ordered and which, in our reasonable judgement, we are unlikely to be able to use or sell within 6 months. We will charge you for that labour at the same hourly rate as we used to calculate the Price. Clause 3 shall apply to the payment of any such invoice;

10.3 The parts we have ordered but not used by the time you cancel will remainour property. We may use or dispose of them as we see fit without accounting to you for their cost where we have charged you for them under clause 10.2;

10.4 Once you have paid us all that you owe us, you shall collect (or arrange for the collection of) your Boat, engine or part there of within 7 days. If your Boat, engine or part there of remains on our premises beyond that period. You shall pay us for its storage at the rate of £20 per day. We will not release your Boat, engine or part there of until you have paid in full all sums that you owe us (including the storage charge)

We may from time to time change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change.

No failure or delay by you or us in exercising any rights under these Terms and Conditions means that you or we have waived that right, and no waiver by you or us of a breach of any provision of these Terms and Conditions means that you or we will waive any subsequent breach of the same or any other provision.

If any provision of these Terms and 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 and Conditions and the remainder of the provision in question shall not be affected.

14.1 No part of the contract between you and us is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the contract.

14.2 Subject to this Clause 14, the contract between you and us shall continue and be binding on the transferee, successors and assigns of either Party as required.

15.1 The documents comprising the contract between you and us contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

15.2 You and us acknowledge that, in entering into the contract, neither you nor us give any warranty or rely on any representation, warranty or other provision except as expressly provided in the documents comprising the contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

16.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and

16.2 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.