1.1 In these terms, unless the context requires otherwise:
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.
2.1 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:
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.
3.1 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.
4.1 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.
5.1 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.
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.
6.1 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.
7.1 Unless agreed differently in writing:
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.
8.1 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.
9.1 Before delivering the Vehicle, Customers should remove unrelated property from it. The Company is not liable for loss or damage to such property.
10.1 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This warranty doesn't affect any of your statutory rights as a consumer.
We're not sidestepping any responsibilities we have under the Consumer Protection Act 1987 or for any harm caused due to negligence.
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.
If your vehicle is rented or hired, it's not covered under this warranty.
Warranty void if your vehicle has an LPG kit installed.
If your vehicle uses a fuel system that isn't standard, the warranty is void.
We won't cover the costs of vehicle recovery. Make sure you have a breakdown cover.
Only the bare engine block and cylinder head are covered, not any other ancillaries.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You can book an appointment by calling us. Our friendly & professional staff is always willing to help!