1.1 What these terms cover. These are the terms and conditions on which we shall supply vehicle servicing and maintenance for you.
1.2 Why you should read them. Please read these terms carefully before you submit your request to us. These terms tell you who we are, how we will provide the vehicle servicing and maintenance to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.1 Who we are. We are Barkaways Limited, a company registered in England and Wales. Our company registration number is 07636981 and our registered office is at Unit 6 Arnolds Business Park, Branbridges Road, East Peckham, Tonbridge, Kent, TN12 5LG.
2.2 How to contact us. You can contact us by telephoning our service team on 01622 872100 or by writing to us at firstname.lastname@example.org Unit 6 Arnold Business Park, Branbridges Road, East Peckham, Tonbridge, Kent TN12 5LG
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your request.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 You may place a request with us by using any of the following means of communication:
3.1.1 By phone;3.1.2 By email; or3.1.3 In person at our premises.
Whichever method is chosen, you agree to provide us with such information as may be required by us which is relevant to the vehicle servicing you request. We may discuss your request with you to ascertain any further details we require and/or give you an indication of costs. We will also let you know when it is appropriate for you to deliver your vehicle to us.
3.2 When you or someone authorised by you, deliver your vehicle, to our premises, we shall ask you to agree our Vehicle Checking-In Form to confirm the vehicle servicing and maintenance we will carry out for you. At that point in time, we may also agree changes and/or additions to the vehicle servicing and maintenance to be provided. If we do so we shall detail such changes and/or additions on the Vehicle Checking-In Form prior to agreement. A legally binding contract between you and us will come into being in one of two ways either when you sign the agreement or otherwise confirm to us, we should provide the Services or when you and we agree orally that we should provide the Services. In the latter case there will be a legally binding contract on the date of our oral agreement and you will be deemed to have accepted these terms.
3.3 Please make sure that you check the Vehicle Checking-In Form very carefully, it will form the basis of the work that we will carry out for you, so it is important that you ensure that the details set out in it are correct.
If you wish to request a change to the vehicle servicing and maintenance after we have agreed the Vehicle Checking-In Form, then 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 or timing of the vehicle servicing and maintenance, and anything else which would be necessary as a consequence of your requested change and ask you to confirm whether you wish to go ahead with the change by phone and/or email. Any variation agreed between you and us in work to be done shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
5.1 We may change the vehicle servicing and maintenance to reflect changes in relevant laws or regulatory requirements. If we do so we will notify you and you may then contact us to end the contract prior to works commencing.
5.2 We may change any aspect of the vehicle servicing and maintenance if we deem it appropriate provided that such a change does not change the cost of the vehicle servicing and maintenance and does not result in any diminution in the standard of the vehicle servicing and maintenance.
5.3 From time to time it may be necessary for us to increase the cost of the vehicle servicing and maintenance due to unforeseen circumstances. If we need to increase the cost of the vehicle servicing and maintenance, we shall notify you of this as soon as possible and ask you to confirm by phone and/or email whether you wish to still go ahead with the vehicle services and maintenance based on the increased cost. Should you not wish to go ahead then you may end the contract.
6.1 When we will provide the vehicle servicing. We will commence the provision of the vehicle servicing and maintenance to you as set out in the Vehicle Checking-In Form as soon as reasonably possible unless otherwise agreed in writing with us. The estimated completion date for the vehicle servicing will be discussed at the point of vehicle checking – in. For the avoidance of doubt any dates stated shall be estimates only and shall not be of the essence.
6.2 We are not responsible for delays outside our control. If our performance of the vehicle servicing and maintenance is affected by an event outside our control (which for the avoidance of doubt shall include delays caused by third party sub-contractors) then we will contact you as soon as possible to let you know and we will take reasonable steps to try 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 vehicle servicing you have paid for but not received.
6.3 What will happen if you do not provide required information and/or instructions to us. We may need certain information and/or instructions from you regarding the vehicle so that we can provide the vehicle servicing and maintenance to you. We will let you know what information and/or instructions we may require promptly on becoming aware that we require such information and/or instructions. If you do not, within a reasonable time of us asking for it, provide us with the relevant information and/or instructions, or you provide us with incomplete or incorrect information and/or instructions, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the vehicle servicing and maintenance late or not providing any part of them if this is caused by you not giving us the information and/or instructions we need within a reasonable time of us asking for it.
7.1 You may end the contract for convenience. You may contact us at any time to end the contract for convenience. Where you contact us to end the contract for convenience, we may charge you reasonable compensation for the costs we have incurred up until the date you notified us that you wish to terminate for convenience, together with any costs we have irrevocably committed to spending at that point in time concerning your vehicle servicing and maintenance.
7.2 You may end the contract due to an increase in cost. You may end the contract if we have told you that we need to increase the cost of the vehicle servicing and maintenance due to unforeseen circumstances which you do not agree to (see clause 5.3). If you are ending the contract for this reason then we may charge you reasonable compensation for the costs we have incurred up until the date you notified us that you wish to terminate due to an increase in costs that we have told you about pursuant to clause 5.3.
7.3 You may end the contract if we breach it. You may end the contract at any time by writing to us if:
7.3.1 we have told you about an upcoming change to the vehicle servicing and maintenance or these terms which you do not agree to (see clause 5.1);
7.3.2 there is a risk the vehicle servicing and maintenance may be significantly delayed because of events outside our control; or
7.3.3 you have a legal right to end the contract because we have breached the contract.
If you are ending the contract for a reason set out at 7.3.1 to 7.3.3 the contract will end immediately and we will refund you any money you have paid in relation to the vehicle servicing and maintenance.
8.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:
8.1.1 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. Please note that the vehicle will not be released until servicing and maintenance has been paid for in full (please see clause 10.3).
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information and/or instructions that is necessary for us to provide the vehicle servicing and maintenance pursuant to clause 6.3;
8.1.3 you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
8.1.4 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy; and/or
8.1.5 you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation prior to completion of the servicing, maintenance and delivery of or collection of the vehicle.
8.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for the vehicle servicing and maintenance we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaching the contract.
8.3 We may stop providing the vehicle servicing at anytime. We may end the contract for convenience at anytime. We will notify you in writing if we end the contract for convenience and will:
8.3.1 refund any sums you have paid in advance for vehicle servicing and maintenance which will not be provided; and
8.3.2 return the vehicle to you in no lesser condition than that which it was provided to us by you.
The Customer acknowledges that elements of the work carried out on older and classic Vehicles (including but not limited to body work/paint work) that have been handcrafted and/or produced manually will have some inherent variation due to the technical and budgetary constraints imposed on Barkaways and so a degree of imperfection may be present within normal production tolerances. The Customer further acknowledges that it is not possible for Barkaways to repair the Vehicle or its components back to new and any faults in the original design of the Vehicle shall still be present.
How to tell us about problems. If you have any questions or complaints about the vehicle servicing and maintenance, please contact us. You can contact us by telephoning our service team at 01622 872100 or by writing to us at email@example.com Unit 6 Arnold Business Park, Branbridges Road, East Peckham, Tonbridge, Kent TN12 5LG.
10.1 Where to find the cost for the vehicle servicing and maintenance. The cost of the vehicle servicing and maintenance (including any VAT payable) will be the cost set out in the estimate we have provided you unless we have agreed another price in writing. We take all reasonable care to ensure that the cost of the vehicle servicing and maintenance (including any VAT) advised to you are correct. However, this is an estimate and therefore the final costs may vary. This estimate gives an approximate cost for items that are known to be needed to be carried out at this time. Additional items added to the list will be charged accordingly and please note all items are approximate and will be charged as actuals when the work is carried out.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the vehicle servicing and maintenance, we will adjust the rate of VAT that you pay, unless you have already paid for the vehicle servicing and maintenance in full before the change in the rate of VAT takes effect.
10.3 When you must pay and how you must pay. We will invoice you for the cost of the vehicle servicing and maintenance when we have completed them or in the case of works carried out for longer than one month, we will invoice you on a monthly basis. You must pay each invoice in full upon receipt of invoice. We shall not release your vehicle until payment has been made. We accept payment by the following methods: BACS; debit card; or credit card (please note that any bank fees incurred by Barkaways as a result of the payment method chosen by you shall be added onto the sum owed by you).
10.4 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.3) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.5 We may charge you a storage charge. If you do not make any payment to us by the due date (see clause 10.3) we may charge you a storage charge equivalent to our current rate plus VAT (or such other rate as we may notify you of in writing from time to time) for the time we have had to store your vehicle up until payment has been made. You must pay us this storage charge, together with the overdue amount and any interest which may have accrued.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us immediately to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date along with a storage charge for the period.
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaching this contract, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Vehicle Checking-in process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the servicing and maintenance including the right to receive the vehicle servicing and maintenance which are as described and supplied with reasonable skill and care.
11.3 We are not liable for business losses. We only supply the vehicle servicing and maintenance for domestic and private use. If you use the vehicle servicing and maintenance 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.
11.4 Whilst in our care. Your vehicle will be securely stored overnight in one of Barkaways alarmed and insured units. However, it is your responsibility to ensure that your vehicle has current and valid insurance for the entire period. It may be necessary from time to time for your car to be road tested whilst in our care – if you are not in agreement then you must make this clear at the point of checking – in the vehicle.
12.1 How we will use your personal information. We will use the personal information you provide to us in accordance with GDPR, to:
12.1.1 provide the vehicle servicing and maintenance;
12.1.2 process your payment for such vehicle servicing and maintenance; and
12.1.3 inform you about similar servicing and maintenance that we provide, but you may stop receiving these communications at any time by contacting us. See our full privacy notice on our website.
12.2 We will ensure that third parties we share your data with have committed to following the principles of GDPR.
12.3 Photos of vehicles held in Barkaways care may be taken by us and might be used in but not limited to printed publications, on our website or on any other distribution media for the purposes of marketing our business and will be the property of Barkaways.
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You may only transfer this agreement to someone else with our written consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching the contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the servicing, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed exclusively by English law and you can bring legal proceedings in respect of the servicing in the English courts.