Terms And Conditions: Repairs and Servicing Work and Sale of Parts

1.              INTRODUCTION

1.1.          Ford Retail Limited trading as TrustFord ("the Company" "us" "our" or "we") sells and supplies goods to customers ("the Customer" "you" or "your") for use in conjunction with vehicles ("Parts") and also accepts vehicles for repair, servicing and for examination with a view to estimating or quoting for repairs or for any other purposes ("Repair and Servicing Work") only on and subject to the following terms and conditions (in addition to any condition stated on the face of this document).

1.2.          In these conditions:

"Contract" means the contract for the Repair and Servicing Work and/or for the purchase and sale of the Parts.

"Business Customer" means a Customer who is not a Consumer; and

"Consumer" means a Customer who is a consumer within the meaning of the Consumer Rights Act 2015.These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.3.          An order constitutes an offer by you to purchase the goods and services in accordance with these Conditions. You are responsible for ensuring that the terms of the order are complete and accurate.

1.4.          The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract shall come into existence.

Clause 1.5 applies to Business Customers only

1.5.          These terms constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the Contract.

2.              PRICE

2.1.          The price of the Parts shall be our quoted price. Quotations are valid for, and may be accepted by you within, 30 days. If no price has been quoted (or a quoted price is no longer valid) the price of the Parts shall be as listed on our price list current at the date of acceptance by us of your order, a copy of which is available on request.

2.2.          In respect of the Repair and Servicing Work:-

2.2.1.             All estimates and quotations made by us are based on the cost to us of labour, materials and Parts current at the date of the estimate or quotation. If there is an increase in the cost to us of labour, materials or Parts which occurs before or after our acceptance of your order or before or after you accept our quotation we shall immediately inform you of such increase and you shall have the right to cancel the Contract. If you accept such increase we shall be entitled to charge you accordingly.

2.2.2.             If no price is estimated or quoted or if only part of the Repair and Servicing Work covered by an estimate or quotation is carried out, we shall be entitled to charge you for the Repair and Servicing Work reasonably carried out (including any necessary stripping down to determine the practicability or otherwise of any Repair and Servicing Work and reassembly) and for any materials at our prices current at the date of our acceptance of your order or the date when you accept our quotation a copy of which is available on request.

2.2.3.             Estimates and quotations in respect of Repair and Servicing Work are effective only for 30 days after despatch. If instructions are not received from you in response to an estimate or quotation within 30 days after despatch We shall be entitled to charge our usual garaging rates of £15 per day from the date of expiry of the 30 day period until its collection.

2.3.          The sums payable to us under these conditions are exclusive of any applicable VAT, which you shall be additionally liable to pay to the Company.

3.              INTERRUPTIONS

If our performance of the Repair and Servicing Work is affected by an event circumstance or cause outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Repair and Servicing Work or Parts you have paid for but not received.

4.              VARIATIONS

4.1.          If you wish to make a change to the Repair and Servicing Work please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Repair and Servicing Work, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

4.2.          We may change the services:

4.2.1.             to reflect changes in relevant laws and regulatory requirements; and

4.2.2.             to implement minor technical adjustments and improvements, for example to address a safety threat.

These changes will not affect your use of the services.

4.3.          In addition to clause 4.2, we may make other changes to the Contract or the Repair and Servicing Work, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund for any Repair and Servicing Work or Parts you have paid for but not received before the changes take effect. 

5.              CUSTOMER'S AGENTS

Any Repair and Servicing Work and Parts supplied in relation to a vehicle pursuant to the order of any driver of the vehicle in your employment, or of any person who is acting as your agent, shall be paid for by you.

6.              PAYMENT

6.1.          If the Contract is for Parts alone and does not comprise any Repair and Servicing Work, payment for the Parts shall be due within 30 days of our Invoice. We shall be entitled to invoice you for the price of the Parts on or at any time after delivery of the Parts unless the Parts are to be collected by you or you wrongfully fail to take delivery of the Parts, in which event we shall be entitled to invoice you for the price at anytime after we have notified you that the parts are ready for collection or (as the case may be) we have tendered delivery of the Parts.

6.2.          If the Contract comprises wholly or partly Repair and Servicing Work then payment for all elements of the Contract including Parts shall be due upon completion of the Repair and Servicing Work and we shall be entitled to retain possession of the vehicle until payment is made in full.

6.3.          If you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due we shall be entitled to end the contract.

6.4.          If payment is not made when due then interest will accrue on our charges from the day after the due date until payment in full is made at a rate of 3% above the Base Rate of HSBC Bank Plc from time to time. Any reference to our charges or account or monies owing in indebtedness to us in these conditions shall include such interest.

6.5.          We shall be entitled to demand from you a deposit of up to 50% of the estimated charges on account of the price or Parts and/or Repair and Servicing Work, and the Company shall be entitled to set off such deposit against the price due from the Customer. Where you are entitled under the Contract or any applicable statute to receive a full or partial refund the deposit, or an appropriate portion of it, shall be returned to you as part of that refund. 

6.6.          For Mobile service customers, we shall be entitled to take payment for the estimated charges on account of the price or Parts and/or Repair and Servicing Work 48 hours before the date of the booking. Payment for any additional works required will be invoiced and payable upon completion of the Repair and Servicing Work.Where Mobile Service Customers have an approved credit account with us, a consolidated monthly invoice will be issued and payment will be due within 30 days.

7.              GARAGING CHARGES

7.1.          If a vehicle is not collected within 48 hours after the time indicated or agreed for delivery of the vehicle we shall be entitled to charge you for garaging the vehicle at our usual rates of £15 per day until collection.

7.2.          If no such time for delivery of the vehicle has been indicated or agreed if the vehicle is not collected within 7 days from the time we notify you that the vehicle is ready for collection, we shall be entitled to charge you for garaging the vehicle at our usual rates of £15 per day until collection.

8.              LIEN

We shall have a general lien on any vehicle on which we have carried out Repair and Servicing Work and on any other property in our possession belonging to you for all monies due and owing to us by you on any account or invoice whatsoever. We shall be entitled to charge for garaging the vehicle at our usual rates of £15 per day during any period in which the vehicle is retained by us in exercise of any lien.

9.              SALE OF GOODS

If your indebtedness to us is not satisfied within three months of the date of the first account or invoice rendered to you in respect of all or part of that indebtedness, we shall, without notice be entitled to sell any of your property upon which we have exercised our lien by public auction or private treaty (at our unfettered option). The net proceeds of sale shall first be applied to satisfying your indebtedness to us and any balance shall be paid by us to you on demand.

10.           DELIVERY

10.1.       We will supply the Repair and Servicing Work to you from the date we accept your order or you accept our quotation until we have completed the Repair and Servicing Work or the Contract otherwise comes to an end. The estimated completion date for the services is as told to you during the order process. Repair and Servicing Work is completed for the purposes of these conditions when written or verbal notice has been given that the vehicle is ready for collection.

10.2.        We shall obtain a copy of photographic ID for any individual whom we have not previously met who collects the vehicle or parts, but we shall not be obliged to seek further confirmation of the authority of any person whom we reasonably believe has your authority to collect the vehicle or Parts. 

10.3.       Delivery of Parts shall be made by you collecting the parts at our premises at any time after we have notified you that the Parts are ready for collection or, if some other place or delivery has been agreed, by our delivering the parts to that place.

Clause 10.4 applies to Business Customers only

10.4.       We shall not be responsible to the Customer for any loss or damage if such person in fact had no such authority.

Clause 10.5 applies to Consumers only

10.5.       You have legal rights if we deliver any goods or services late. If we miss the delivery deadline for any goods or services then you may treat the contract as at an end straight away if any of the following apply:

10.5.1.           we have refused to deliver the Parts or carry out the Repair and Servicing Work;

10.5.2.           delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

10.5.3.           you told us  before we accepted your order that delivery within the delivery deadline was essential.

11.           SUB-CONTRACTORS

11.1.       We shall be entitled at our sole discretion to employ or make use of sub-contractors including but not limited to radiator specialists, electrical specialists, coach builders and testers for all or part any part of the Repair and Servicing Work on a vehicle.

11.2.       We will exercise reasonable skill and care in the selection of sub-contractors and we will accept liability for the Repair and Servicing Work carried out by, and any materials or Parts supplied by, such sub-contractors in accordance with clause 11.1.

12.           DRIVING OF VEHICLES

For the purpose of any inspection, repair or contemplated repair, testing of the vehicle, taking the vehicle to sub-contractors, demonstrations, or other purposes for which the vehicle is accepted by us, and you hereby authorise the driving of the vehicle by us, our employees, agents and sub-contractors on the public highway and elsewhere.

13.           WARRANTIES AND LIMITATIONS ON LIABILITY

13.1.       You shall be entitled (as far as the Company can secure) to the benefit of any warranty to which we are entitled as against the manufacturer of Parts supplied or as against any sub-contractor engaged by the Company.

13.2.       All Repair and Servicing Work carried out by us and by any sub-contractor engaged pursuant to clause 11 is only warranted against failure due to defective workmanship for a period of 3 months or 3,000 miles whichever occurs first. All Ford original parts are warranted for 12 months or 12,000 miles whichever occurs first. The warranty in this clause 13.2 extends only to Repair and Servicing Work actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights of a Consumer.

Clause 13.3 to 13.6 inclusive applies to Business Customers only

13.3.       Unless expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

13.4.       We will exercise reasonable care in the selection of best quality parts and materials as are available but provided that we have exercised such care we shall not be liable for any defects in such parts or materials.

13.5.       Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law under the express terms of the Contract, for any consequential loss or damage (including loss of profit), costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Company, our employees or agents or otherwise) which arise out of or in connection with the supply of the Parts or their use or re-sale by you, or which arise out of or in connection with the Repair and Service Work expect as expressly provided in these conditions.

13.6.       The aggregate liability of the Company in contract, tort (including negligence), statute or otherwise (other than for death or personal injury caused by the negligence of the Company) shall not exceed the greater of the price of the Parts and Repair and Servicing Work under the Contract or the value of £10,000.

Clause 13.7 to 13.9 inclusive applies to Consumers only

13.7.       We are under a legal duty to provide goods and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

13.8.       If you wish to exercise your legal rights to reject Parts you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01708 893981 or email us at customercare@trustford.co.uk for a return label or to arrange collection.

13.9.       If you are a Consumer then we will supply the Parts to you for domestic and private use. If you use the Parts or the vehicle they are used in for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.           SECURITY

14.1.       Subject to Clause 14.2 we will exercise reasonable care in respect of the safety and security of your vehicles and other property.

Clause 14.2 applies to Business Customers only

14.2.       The Company shall have no liability for loss of or damage to Customers' vehicles and other property howsoever caused, including damage caused by negligence on the part of the Company, if:

14.2.1.           it is not aware at the time of the damage or loss that the Customer has entrusted or sought to entrust the vehicle or such other property to it; or

14.2.2.           the vehicle remains on our premises more than 48 hours after we notify you  that the vehicle is ready for collection. 

15.           REMOVED PARTS

All parts removed by us from a vehicle in the course of Repair and Servicing Work shall, unless prior written notice to the contrary  has been given by you, be deemed to be wholly abandoned to us with immediate effect and become our absolute property.

16.           RISK AND RETENTION OF TITLE

16.1.       Although all Parts sold and all Parts and materials supplied in the course of Repair and Servicing Work by us ("the Goods") remain the Company's property until payment is received in full, risk in them shall pass to you from the time of delivery to you or your agent and you shall keep them properly insured against loss or damage and in the event of such loss or damage occurring shall hold the insurance proceeds on our behalf as trustee for us and keep such insurance proceeds separate from any monies or property belonging to you or third parties.

16.2.       Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain our property until you have paid the full price for the Goods and all other sums you owe us under any contract or on any account together with any interest payable under the relevant contract in respect of the Goods or Repair and Servicing Work and any other contract or arrangement or account.

Clause 16.3 applies to Business Customers only

16.3.       Until such time as the property in the Goods passes to you:

16.3.1.           you shall hold the Goods as our fiduciary agent and bailee and shall keep them separate from your own goods and those of third parties and keep them properly stored, protected and marked in such a way as they can be identified as tour property. You shall be entitled to resell or use the Goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of your own and third parties, and in the case of tangible proceeds, properly stored, protected and insured. We shall be entitled to trace all such proceeds of sale or otherwise of the Goods received by you through any bank, or other account maintained by you.

16.3.2.           if you re-sell or use the Goods you shall assign your rights to recover the proceeds of sale or otherwise of the Goods from the third parties concerned to us if we require you to do so in writing.

16.3.3.            Provided the Goods are still in existence and have not been resold, we shall be entitled at any time to require you to deliver up the Goods to us, at your expense. If you fail to do so we shall have the right (save in relation to Customers situated in Northern Ireland) forthwith to enter upon any of your premises or any third party’s premises where the Goods are stored and repossess the Goods, at your expense.

17.           RETURN OF PARTS

We will accept the return of Parts and give credit for the price subject to the Parts being returned in perfect condition within 7 days of the date of collection of the Parts by the Customer. The Company reserves the right to make a handling charge of 15% of the value of any parts so returned. Returns are not accepted of non-stock items which have been specially ordered by the Company for the Customer. The rights contained in this clause are in addition to and will not limit the statutory rights of a Consumer.

18.           YOUR INSOLVENCY

18.1.       This clause applies if:-

18.1.1.           You, (being a company) make any voluntary arrangement with your creditors, or an application is made or a person becomes entitled to appoint an administrator, administrative receiver or receiver or go into liquidation (other than for an amalgamation or reconstruction) or (being an individual) become bankrupt; or

18.1.2.            An encumbrancer takes possession of or a receiver is appointed over, any of your property or assets; or

18.1.3.            You cease, or threaten to cease, to carry on business or are unable to pay your debts as they fall due; or

18.1.4.            We reasonably apprehend that any of the events mentioned above is about to occur to you and notify you accordingly; or

18.1.5.            You take any similar action in consequence of debt.

18.2.          If this clause applies then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries and Repair and Servicing Work under the Contract without any liability to you and if Parts have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

The whole of clause 19 applies to Consumers only

19.           DISTANCE SALES

19.1.       If you are contracting with us as a Consumer online or by phone and do not visit our dealership at any point during the transaction process, or your contract with us is concluded or substantially negotiated at your home or somewhere other than our dealership, you have the right to cancel (under the Consumer Contracts Regulations 2013), all or part of your contract at any time up to 14 calendar days after the day on which you receive the parts you ordered.

19.2.       If you wish to exercise your right of cancellation under this clause 19, you are obliged to retain possession of the Parts and take reasonable care of them until collection/return to us. We will not be obliged to refund the purchase price of any Parts damaged by you, but may at our election offer to refund the purchase price subject to a deduction for the damage sustained.

19.3.       You can cancel by email: customercare@trustford.co.uk, or call 01708 893981, or write to: Customer Care, Ford Retail Limited, 2 Charter Court, Newcomen Way, Colchester, Essex, CO4 9YA  You must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. A model form is available to assist with the notification process here.

19.4.       If you decide to cancel in accordance with this clause 19, you should return the Parts to us at one of our dealerships at your own cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Parts to which cancellation rights apply. Alternatively if you wish us to collect the Parts, we will do so subject to payment of an agreed collection fee. We will reimburse delivery charges made (if any).

19.5.       We may make a deduction from the reimbursement for loss in value of any Parts supplied, based on any additional usage of the Parts after receipt.  We will make the reimbursement no later than 14 days after the day we receive back from you any Parts supplied or, if earlier, the date you supply evidence to us that you have sent the Parts back to us. Refunds will be made by cheque or direct bank transfer to the same account as the purchase price was paid from. Refunds will not be paid in cash.

20.           GENERAL

20.1.       Any notice or other communication given or made under or in connection with these conditions shall be in writing and shall be given or made to the Customer or the Company, as the case may be, at its last known address and, if by facsimile, sent to the facsimile number as either party may from time to time notify to the other. Every notice or other communication, if so addressed, shall be deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party if sent by prepaid first class post, two business days after the date of posting and, if transmitted by facsimile, at the time of transmission. Notice may not be validly served by electronic mail.

20.2.       No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.

20.3.       We may at any time, without limiting any other rights and remedies we may have, set off any amount you owe to us against any amount payable by us to you.

20.4.       The headings in these conditions are for convenience only and shall not affect their interpretation.

20.5.       If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts of the provision shall continue to full force and effect.

20.6.       Save where the context forbids, the expression, "vehicle" used in these terms includes any car, lorry, van, trailer, caravan, invalid carriage or cycle, and as a separate unit or otherwise, any engine, axle, gear box, clutch, generator, starter, battery and each and every component on a vehicle.

20.7.       No alterations or qualification of these printed conditions shall be effective unless made in writing and signed by each party or a duly authorised representative of each party.

20.8.       A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 

20.9.       These terms shall be governed by the laws of England the parties submit to the exclusive jurisdiction of the English courts.

20.10.     In the event a financial services complaint cannot be settled between us you may refer to the Financial Ombudsman Service; this service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9123 or you can visit their website at www.financial-ombudsman.org.uk or email them at complaint.info@financial-ombudsman.org.uk; alternatively you can write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

20.11.     Whilst acting as a consumer, if a non-financial services related dispute arises that cannot be resolved between us within a reasonable timescale, you may refer the dispute to the free independent Advisory and Conciliation Service operated by The Motor Ombudsman, the government-backed, self-regulatory body for the motor industry. Ford Retail Ltd are willing to engage with this type of dispute resolution. For details of this service you can call the dedicated Code Advisory and Conciliation Service Consumer Advice Line on 0345 241 3008, submit an enquiry or complaint via the website www.themotorombudsman.org or write to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN.