TERMS OF BUSINESS for Select Prestige

1. Definitions and Interpretation

1.1 In these terms, unless the context requires otherwise:

  • Company: Refers to the company using this form, with its registered office detailed overleaf, and includes its successors and assigns.
  • Completion: In the case of a contract for Work, it refers to the date when the Company notifies the Customer that the Work is completed. In the case of a Contract for the supply of Goods, it refers to the date of supplying those Goods.
  • Contract: Denotes the contract between the Company and the Customer for the sale or supply of Work and/or Goods.
  • Customer: Represents the individual, firm, or company requesting the Work to be performed or Goods to be supplied.
  • Estimate: Refers to a written estimate provided by the Company to the Customer.
  • Genuine Parts: Stands for vehicle parts manufactured by or for the Manufacturer.
  • Goods: Encompasses any goods or replacements to be supplied by the Company under the Contract, whether provided with Work or separately.
  • Manufacturer: Concerns the manufacturer of the Vehicle, in respect of a Vehicle.
  • Order: Represents the instructions, written or otherwise, received by the Company from the Customer for Work or Goods.
  • Price: Signifies the price of Goods and/or the charge for Work, payable by the Customer to the Company.
  • Vehicle: Denotes a vehicle entrusted to the Company for Work or an estimate of Work.
  • Work: Covers any work performed on a Vehicle at the Customer's request, including repairs, servicing, fitting, modification, or any other work.
  • Working Days: Encompasses all days except Saturdays, Sundays, and public holidays.

1.2 These terms constitute the sole terms of the Contract, and any amendments or additions to them require written agreement from an authorised representative of the Company.

1.3 Headings are for convenience and do not affect the interpretation of these terms. The use of masculine includes all genders, and singular includes plural. References to statutory provisions are to the amended or re-enacted provisions.

1.4 Any typographical, clerical, or other errors in any Estimate, Order, invoice, or document issued by the Company can be corrected without Company liability.

1.5 The Company retains the right to amend these terms at any time without notice; such changes become effective upon amendment.

2. Formation of Contract

2.1 The Customer's request to the Company for Work or Goods constitutes an offer to enter a contract under these terms. Acceptance and Contract formation occur under one of these circumstances:

  • The Company accepts the Customer's signed authority to proceed with Work and receives the Vehicle at its premises.
  • The Customer submits a quote request through the Company's Website.
  • The Company accepts the Customer's authorization, received via telephone, email, or any other form of communication, to proceed with Work after providing a quote.
  • The Company commences the Work.
  • The Company issues an Order acknowledgement, signed and dated by an authorised representative.
  • In the case of Goods only, the Company proceeds to fulfil the Order.

2.2 The Contract is personal to the Customer, and the Customer cannot assign the Contract's benefit without written consent from an authorised Company representative.

3. Customer's Insurer

3.1 If the Company performs Work or supplies Goods at the Customer's insurer's authority, the Customer's insurer is considered the Customer. All references to the Customer apply accordingly, except that the Customer remains liable to pay the Company for any amount not recoverable from the Customer's insurer.

3.2 Vehicles left at the Company's premises for work are at the Customer's risk. The Customer should ensure their vehicle is covered during repairs. The Company's insurance does not cover loss or damage.

4. Estimates/Quotation

4.1 An Estimate provides an approximate cost of Work and/or Goods and is valid for seven (7) days from the stated date unless agreed otherwise in writing by an authorised Company representative.

4.2 If the Customer delivers the Vehicle for an Estimate but doesn't provide instructions or collect the Vehicle within seven (7) days from the Estimate date, the Company may store the Vehicle and charge storage costs from the 8th day until collection.

4.3 If, during Work, it appears the Estimate will significantly exceed the amount, the Company will cease Work and notify the Customer. Work will only resume with the Customer's express permission.

5. Price and Variation

5.1 Prices in an Estimate or communicated to the Customer are based on current prices at the Estimate or communication date.

5.2 The Company may adjust the Price due to changes in the Customer's instructions or costs for goods, materials, labour, taxes, or other costs between the Contract date and Completion or payment.

5.3 If the Price increases by more than 5% (or another specified figure) before Work completion, the Company will notify the Customer. The Customer may cancel the Contract in writing, paying for Work done and Goods delivered up to the cancellation date.

For all works carried out by the company, the customer will be charged at £75 per hour (excluding VAT) unless stated otherwise by the company. This hourly rate applies to all labour costs such as engine removals, dismantling, rebuilding, fitting and any other work required. The company must be paid in full by the customer before the vehicle can leave the company's premises or any storage facility.

5.4 Contract variations require written consent from an authorised Company representative, and they do not create a new contract but amend the existing one.

5.5 Specifications provided are for reference and do not guarantee exact conformity of Goods.

6. Time

6.1 Completion dates and times are approximate. Time is not essential to this Condition 6. The Company will reasonably endeavour to complete Work or deliver Goods on time, but delays do not entitle the Customer to reject late Work or Goods.

7. Completion and Payment

7.1 Unless agreed differently in writing:

  • Goods delivery occurs at the Company's premises.
  • Payment, by Debit card/Bacs Transfer or Cash, includes any additional charges for credit card payments accepted at the Company's discretion.

7.2 The Company notifies the Customer when ordered Goods are ready for collection. Failure to pay and collect Goods within seven (7) days allows the Company to treat the Contract as repudiated and sell the Goods.

7.3 Goods from stock are delivered upon Price payment.

7.4 After Work completion, the Customer must pay for Work and/or Goods and collect the Vehicle. Payment includes Work, Goods, storage charges, and other applicable amounts before Vehicle removal from the Company's premises.

7.5 If the Work requested isn't completed in full, the Company charges a reasonable amount for Work done and the current Price for supplied Goods.

7.6 If the Customer fails to pay and collect the Vehicle within seven (7) days after Completion, the Company can store the Vehicle and charge storage costs from the eighth day until Vehicle removal. Such charges become part of the Price.

7.7 If the Customer breaches obligations for Vehicle delivery, the Company may serve notice to sell or scrap the Vehicle after three months. Upon sale, the Company pays the Customer the remaining proceeds after deducting debts, interest, and sale costs.

7.8 Interest at a rate of 2% per annum above Lloyds TSB Bank Plc's base rate applies to overdue sums and accrues from the due date until payment.

7.9 The Company can allocate payments to outstanding debts at its discretion, notwithstanding Customer allocations.

7.10 The Company may set off sums payable by the Company and the Customer under this or other agreements.

7.11 VAT applies at the rate of the Goods delivery or Completion time.

7.12 The Company may charge a late payment fee to cover administrative recovery expenses. This charge is 2.5% of the total invoice Price and appears as a separate item on invoices for late payment.

7.13 Subject to Condition 11, the Company may seek damages for breach of the Contract, resulting in reasonable loss, costs, damages, charges, and expenses.

8. Risk and Retention of Title

8.1 Goods become the Customer's risk once delivered by the Company.

8.2 Until the Company receives full payment for all Customer sums, legal and beneficial title to Goods remains with the Company, referred to as "Retained Goods."

8.3 The Customer can use Retained Goods as bailee for the Company.

8.4 The Customer must store Retained Goods separately, in good condition, clearly identifiable as Company property, with all marks intact.

8.5 The Company has the right to inspect Retained Goods on the Customer's premises.

8.6 Termination of possession and use of Retained Goods occurs immediately on Company notice of Customer doubts regarding payment ability or willingness. Automatic termination occurs under certain events.

8.7 On termination, the Customer must place all Retained Goods at the Company's disposal, and the Company may enter the premises to remove them.

8.8 Repossession of Retained Goods does not affect other Company rights and remedies.

9. Loss or Damage

9.1 Before delivering the Vehicle, Customers should remove unrelated property from it. The Company is not liable for loss or damage to such property.

10. Replacement Parts

10.1 Replaced parts, except those returned to manufacturers or suppliers under warranty, remain with the Company. If the Customer does not claim them at Vehicle collection, these parts become Company property for disposal.

11. Cancellation Policies

11.1. The Window of Opportunity

Cancellation is an option that becomes available to customers after they've made a purchase, but there are specific conditions that must be met. In the context of Select Prestige, customers have the right to withdraw from a contract after the product has been dispatched and they've received an order confirmation email. However, this right is time-sensitive, as it must be exercised no later than 14 days after receiving the product.

11.2. The Proper Procedure

Customers who wish to cancel their orders must follow a particular procedure. This includes sending a notice of cancellation by email to Select Prestige. In this email, it's crucial to include essential information such as your name, address, and order reference number. This helps expedite the cancellation process.

11.3. Cancellation Fees

It's essential to be aware that cancelling an order may come with financial implications. Any items that have physically left Select Prestige' premises for dispatch may be subject to a cancellation fee. This fee typically includes delivery charges and a restocking fee. Therefore, customers should carefully consider the decision to cancel, taking into account these potential costs.

11.4. The Condition of Returned Items

When cancelling an order and returning items, the products must be in their original condition and packaging. Any items returned without their original packing, missing contents, or not in their original state may not be eligible for a refund. Customers should exercise due diligence in ensuring that returned items meet these criteria to avoid any complications in the refund process.

11.5. Additional Restocking Fees

In some cases, Select Prestige reserves the right to charge a 20% restocking fee if they need to collect goods from the customer's premises due to order cancellation. It's worth noting that this fee is applicable when the goods are not defective but the customer has opted to cancel the order. Importantly, this fee is separate from delivery and collection charges, which are additional to the handling fee.

11.6. Engine Orders

For customers dealing with engine orders, it's crucial to understand that most engines are supplied 'bare,' unless otherwise specified. A 'bare' engine typically consists of the block and the head. In cases where a 'bare' engine is returned with no fault, such as the need to swap over components like the sump, oil pickup pipe, or timing case cover, a handling fee of 20% (minimum) may be applied.

12. Returned Goods

The conditions for returning goods to Select Prestige are outlined in this section. However, it's important to note that these conditions are subject to Condition 11, which deals with cancellations.

13. Sub-Contracting

In the auto industry, companies often rely on sub-contractors to perform certain tasks. Select Prestige is no exception in this regard. They retain the right to appoint sub-contractors for the performance of their obligations under a contract.

14. Health & Safety

Ensuring the safety of vehicles is paramount in the auto industry. When a vehicle is delivered to Select Prestige, customers are expected to immediately inform the company of any circumstances or issues that could compromise the vehicle's safety or create hazardous conditions.

15. Warranties

Select Prestige Warranty Conditions

15.1: Warranty Duration and Requirements

Your work is covered under warranty for either six months from the date it's completed or until you drive 6000 miles—whichever comes first. However, if you don't get an interim service (Running In) from us after the first 2000 miles, this warranty becomes null and void. You'll also need to continue servicing your engine with us every 5,000 miles to keep the warranty active.

15.2: What We're Responsible For

If something goes wrong because of our work or the parts we've used, we'll fix it or replace the parts. That's the extent of our responsibility under this contract.

15.3: Limitations on Liability

Our warranty is void if you've used the vehicle improperly or ignored the manufacturer's service guidelines. Normal wear and tear aren't covered.

15.4: Additional Rights

This warranty doesn't affect any of your statutory rights as a consumer.

15.5: Legal Limitations

We're not sidestepping any responsibilities we have under the Consumer Protection Act 1987 or for any harm caused due to negligence.

15.6: Special Conditions for Re-Build Engines

No warranty for re-build engines if you use the vehicle for towing or if it has a tow bar. Any modifications void the warranty too.

15.7: Exclusions for Rented Vehicles

If your vehicle is rented or hired, it's not covered under this warranty.

15.8: LPG Kit

Warranty void if your vehicle has an LPG kit installed.

15.9: Nonstandard Fuel Systems

If your vehicle uses a fuel system that isn't standard, the warranty is void.

15.10: Recovery Costs

We won't cover the costs of vehicle recovery. Make sure you have a breakdown cover.

15.11: What's Covered

Only the bare engine block and cylinder head are covered, not any other ancillaries.

15.12

  1. Warranties are not transferable
  2. Warranty covers Cylinder Head, Engine Block and sump only all ancillaries are excluded
  3. Vehicle recovery is not included under any circumstances and is not included in the Warranty
  4. Warranty provided will only be valid should the following be adhered to once the Customer receives their vehicle; -
    1. Customer must allow Vehicle to idle for a minimum of five (5) minutes before setting off;
    2. Customer must ensure the correct fuel is used for their Vehicle;
  • Customer must not exceed sixty (60) mph for the first two thousand (2,000) miles;
  1. Customer must ensure Vehicle's engine oil and coolant levels are checked daily any signs of leakage must be reported to the Company immediately;
  2. Customer must ensure the Vehicle has an interim service carried out by Select Prestige at two thousand (2,000) miles to validate the remainder of the warranty, failure to do so will void the warranty.
  3. Customer must ensure the Vehicle is serviced every five thousand (5,000) miles or every six (6) months by Select Prestige after the interim service has been carried out by us, proof of service must be kept to maintain the warranty.
  1. The Customer notifies the Company within fourteen (14) days after discovery giving particulars and returns the Vehicle to the Company's premises to allow an inspection to be carried out; and
  2. Such defect has arisen from faulty materials employed, Workmanship carried out and/or Goods supplied by the Company, then the Company shall remedy the defect and, if necessary, supply replacement Goods and/or parts. Any Goods and/or parts so replaced shall become the property of the Company to dispose of as it deems fit.
  3. If any ancillary develops a fault that causes damage to the Work/Goods completed/supplied by the Company, the warranty will be void.
  4. Damage caused by misuse, improper fitting, neglect and accident will invalidate the warranty.
  5. Select Prestige does not cover any component which has been dismantled or tampered with (unless otherwise requested to do so by Select Prestige
  6. Our warranty covers ‘normal usage’ and DOES NOT cover track/race usage, overloading due to excessive weight, driver misuse (i.e. over-revving) and ‘over usage’
  7. All engines should be fitted by specifically trained mechanics within a VAT-registered garage
  8. All our engines are sold on an exchange basis which means that we require your old unit as part of the transaction and is a condition of the sale and the validity of your warranty unless otherwise stated. A surcharge/deposit will normally be applied to the exchange engine.
  9. All our engines are supplied with heat tags which assess engine temperature, any removal/tampering of the tags will VOID warranty.
  10. Any engine failure due to OVERHEATING will VOID the warranty.
  11. Any Engine failure due to low oil levels will VOID warranty.
  12. In the event of a warranty claim, the client must bring the vehicle to Select Prestige for inspection and analysis.
  13. The warranty does NOT include vehicle hire/lease charges, recovery charges etc
  14. Damage caused by misuse, neglect and accident will invalidate the warranty.
  15. Select Prestige does not cover any component which has been dismantled or tampered with (unless otherwise requested to do so by Select Prestige)
  16. Warranty is for ONLY 6000 miles or 6 months (whichever comes first) on parts ONLY which Select Prestige has provided
  17. In the event of an Engine failure a replacement Engine will be supplied
  18. Replacement or refund will only be given on the production of the original invoice
  19. Replacement or refund will only be given if the goods are returned in the same condition as they were supplied.
  20. The warranty does NOT COVER any labour costs/charges involved with fitting, removal and/or changing of parts, vehicle hire/lease charges etc
  21. Engines must be correctly fitted with new cam & auxiliary belts, oil, oil filters & spark plugs. Any failure to adhere to these terms will invalidate this warranty.
  22. All engines are supplied ‘bare’ (unless otherwise stated). By definition, a bare engine is simply made up of the block and the head. Fitters must be prepared that in certain cases they may be required to swap over the sump, oil pick-up pipe, timing case cover etc. Any cancellations due to unwillingness to proceed with this will result in a minimum handling fee of 20% on top of the reimbursement of courier charges
  23. In cases where engines are delivered to a client, customers have up to 14 days from the transaction date to cancel their order. A 20% handling fee on top of reimbursement of courier charges will be applied to any items cancelled once they have been dispatched.
  24. Damage caused by misuse, improper fitting, neglect and accident will invalidate the warranty

16. Force Majeure

Sometimes, circumstances beyond anyone's control can impact the fulfilment of a contract. Select Prestige, like many other companies, includes a force majeure clause in their terms and conditions. This clause states that the company shall not be liable to the customer if they are unable to carry out any provision of the contract due to reasons beyond their control.

17. No Waiver

It's important to recognize that Select Prestige' rights under the contract are not easily waived. Any waiver must be in writing and signed by an authorized representative of the company. Furthermore, a waiver applies only to specific circumstances and does not affect the company's rights in other situations.

18. Notices

In the realm of contracts, communication is key. Select Prestige specifies that any notice under their conditions must be in writing and sent by first-class post or facsimile. Properly serving notice is crucial, and customers should be aware of the timeframes associated with different forms of notice.

19. Third-Party Rights

While contracts primarily concern the parties directly involved, Select Prestige acknowledges the existence of third parties. However, it's important to note that under the Contracts (Rights of Third Parties) Act 1999, a person who is not a party to the contract does not have the right to enforce any of its terms.

  1. Legal Matters and Dispute Resolution

20.1 Governing Law and Court Jurisdiction

The laws of England will govern this contract. If there's any disagreement or legal dispute, both parties agree to resolve it in the courts of England.

20.2 Clause Interpretation and Validity

Each clause and paragraph in this contract stands alone. If any part of it turns out to be unlawful or unenforceable, we'll adjust that part to make it legal and enforceable, while keeping the rest of the contract in place.

Return Costs and Price Difference

If we have to take back the goods you've bought, you'll need to cover any reasonable costs we incur. Also, if the goods have lost value by the time we get them back, you'll need to make up the price difference.

Conditions for Returns

You can return goods if you didn't order them as a special request, return them in good condition within five working days after delivery, show the original invoice, and pay our current handling charges.

What Voids Your Warranty

Your warranty won't apply if you haven't informed us about a defect or allowed us to fix it, or if you've misused the goods, tampered with them, or failed to maintain them according to the manufacturer's guidelines.

21. Service and Repairs

  • If you have a warranty issue, bring your vehicle to Select Prestige for inspection.
  • The warranty doesn't cover rental or recovery costs.
  • The warranty is for you only and can't be transferred.
  • Damage from neglect or misuse voids the warranty.
  • The warranty is limited to 6,000 miles or 6 months, covering only the parts we've provided.
  • Our hourly labour rate is £75 plus VAT.
  • Pick up your vehicle within 3 days of work completion to avoid a daily £35 storage charge.

22. Engine Rebuilds and Reconditioned Engines

  • In case of engine failure, we'll provide a replacement.
  • Show the original invoice for any refund or replacement.
  • Returns must be in their original condition.
  • Labour costs for fitting or removing parts aren't covered.
  • Warranty applies only to the bare engine, not additional parts.
  • Install new belts, oil, filters, and spark plugs; otherwise, your warranty is void.
  • Returned engines must be 'bare,' meaning just the block and head. Be ready to swap over other parts if needed.
  • If you cancel an order within 14 days, you'll pay a 20% handling fee plus courier costs.
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