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Sales & Service Terms & Conditions of Sale

Aftersales/Service Terms & Conditions of Sale


Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to. These Terms are intended to give clear information of your rights, as well as our terms and conditions of business. If you are uncertain as to your rights under these Terms or you want any explanation about them please email or telephone us on our details set out below.

1 Definitions

1.1 The following words have these meanings throughout the Terms:

(a) Business: any purchaser of Services and/or Goods who is not a Consumer;
(b) Consumer: an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
(c) Contract: your Order accepted by us in accordance with clause 3.1(d) forming a legally-binding agreement between you and us for the supply and purchase of Services and/or Goods which incorporates these Terms;
(d) Goods: the spare vehicle parts, materials or other goods specified in the Contract which we shall supply to you;
(e) Order: your order for the Services and/or Goods from us;
(f) Services: the services (including any instalments of the Goods or any parts for them if applicable) and Goods as set out in the Contract which we shall supply to you;
(g) Terms: the terms and conditions set out in this document;
(h) we or our or us: York Ward & Rowlatt of St Johns Street, Wellingborough, Northamptonshire, NN8 4LG, (Registered offie: Balmoral House, Kettering Venture Park, Kettering, Northamptonshire, NN15 6XU), Telephone: 01933 443403, Fax: 01933 445044, Email: info&yorkward.co.uk, registered company number 125935, VAT registration number 486283411.
We are an appointed representative of ITC Compliance Ltd which is authorised and regulated by the Financial Conduct Authority and are permitted to advise on and arrange general insurance contracts. We are authorised and regulated for consumer credit activity and our registration number is 685369; and
(i) you or your: the Consumer or Business (as applicable) buying the Services and/or Goods from us.

2 INFORMATION AND RIGHTS FOR CONSUMERS ONLY

2.1 Clause 2 of these Terms applies only if you are a Consumer and not a Business.
2.2 By law, we must give you certain key information before a Contract between you and us is made (see the box below).
Typically, we will do this before you buy the Services and/or Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in these Terms and the Contract.

Information we will give to a Consumer
We will give you information on:
• the main characteristics of the Services and/or Goods you want to buy
• who we are, where we are based and how you can contact us
• the total price of the Services and/or Goods including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
• the arrangements for payment, carrying out of the Services and/or Goods and the time by which we will carry out the Services and/or provide the Goods
• our complaint handling policy
• the fact that we are under a legal duty to supply goods that are in conformity with the Contract
2.3 The key information we give you by law forms part of the Contract (as though it is set out in full here). If we have to change any key information once a Contract between you and us is made, we can only do this if you agree to it.
2.4 The law gives you certain legal rights if our Services are not carried out with reasonable care and skill or if the Goods are faulty. A summary of your legal rights is set out in the box below. Nothing in these Terms affects these legal rights.

Summary of a Consumer’s key rights:
Faulty Goods
The Consumer Rights Act 2015 says goods must be as described, fi for purpose and of satisfactory quality. During the expected lifespan of the Goods you are entitled to the following:
• up to 30 days: if the Goods are faulty, you can get a refund
• up to six months: if the Goods cannot be repaired or replaced, then you are entitled to a price reduction or a refund of the price paid
• up to six years: if the Goods do not last a reasonable length of time you may be entitled to some money back

You DO NOT have a legal right to a refund or replacement just because you change your mind, but please contact us as we may still be able to help.

Your rights in respect of our supply of Services to you
The Consumer Rights Act 2015 says:
• you can ask us to repeat or fi a Service if it is not carried out with reasonable care and skill, or get some
money back if we cannot fi it
• if you have not agreed a price upfront, what you are asked to pay must be reasonable
• if you have not agreed a time upfront, it must be carried out within a reasonable time
The information in this summary box summarises your key rights. It is not intended to replace the Terms below which you should read carefully. For detailed information from Citizens Advice please visit www.adviceguide.org.uk or call 03454 04 05 06.
3 Ordering Services from us
3.1 Below, we set out how a legally binding contract between you and us is made:
(a) Any quotation given by us before you book and place an Order is not a binding offer by us to supply the Services. All quotations will be valid for 21 days from the date of issue.
(b) If you wish to purchase the Services listed in the quotation we give to you, you will need to telephone or email us to book and place an Order with us. When you decide to place an Order with us, this is when you offer to buy Services from us.
(c) We may not accept your Order. If we do this, we will try to tell you promptly why we do not accept your Order. This is typically for the following reasons:
(i) we cannot carry out the Services (this may be because, for example, we have a shortage of staff-
(ii) the Goods are unavailable
(iii) we cannot authorise your payment
(iv) you are not allowed to buy the Services and/or Goods from us
(v) we are not allowed to sell the Services and/or Goods to you
(vi) there has been a mistake on the pricing or description of the Services and/or Goods
(d) We will only accept your Order when we confim this to you at our premises. At this point, the Contract will be in place between you and us, and we will start to carry out the Services in the way you and we have agreed.
4 Carrying out of the Services
4.1 We must carry out the Services for you within the period set out in the Contract. If you and we have not agreed a period, this will be within a reasonable time.
4.2 You give us permission to drive your vehicle so that we may complete the Services.
4.3 Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the Services as soon as those events have been fixed.

Examples of events which might be beyond our reasonable control include:
(a) you change the Services (and this means we have to do extra work or wait for extra materials or Goods);
(b) we have to wait for your other providers to complete their work before we are able to carry out the Services;
(c) the Goods are not delivered at the time agreed with the supplier of the Goods (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge).
4.4 When we carry out the Services, we might not have all of the Goods we need. This might be for a number of reasons, such as:
(a) we have not had the opportunity to inspect your vehicle and cannot work out what Goods are necessary until we start carrying out the Services; and/or
(b) where we have inspected your vehicle, it might not have been possible to work out what Goods we needed at the time we provided the estimate to you and this might only be revealed when we start carrying out the Services.
4.5 If we need to purchase extra Goods, we will buy them from Peugeot. If we cannot do this we will order them from elsewhere and continue to carry out the Services.
4.6 We will remove and immediately dispose of any parts when carrying out the Services unless you notify us not to before we commence the Services.
4.7 Completion of the Services will take place when we contact you to confirm this.
4.8 We will telephone or email you to arrange a time and date for you to collect your vehicle once we have completed the Services.
5 Charges and payment
5.1 We will let you know the basis of calculating the charges for the Services and/or Goods (and any extra charges such as delivery charges) to the fullest extent possible in the quotation that we provide you before you place an Order with us. The price and payment terms for the Services and/or the Goods will thereafter be set out in the Contract.
5.2 The price includes VAT. However, if the rate of VAT changes between the date of the Contract and the date we complete the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services and/or Goods in full before the change in the rate of VAT takes effect.
5.3 We accept cash and Visa, MasterCard and American Express cards. All payments by credit card or debit card need to be authorised by the relevant card issuer.
5.4 Payment for the Services and/or Goods is due immediately on completion of the Services.
5.5 If your payment is not received by us under clause 5.4, we may:
(a) charge interest on any balance outstanding at the rate of 4% above the base rate of the Bank of England. We will notify you if we intend to do this;
(b) maintain a general lien on your vehicle for all sums due to us by you and charge you £10 per day to cover our fees incurred in storing and/or insuring your vehicle; and
(c) sell your vehicle and/or its contents by public auction or private treaty if we do not receive payment of the sums due to us by you within 90 days from the date we contact you to confim completion of our Services. We will use the net amount from the sale to pay the sums due to us by you and any remaining balance from the sale of your
vehicle will be held in trust for you.
6 Faulty Services and/or Goods and your rights to cancel the Contract
6.1 If you are a Consumer, there is a summary of your legal rights in clause 2.4 of these Terms if any of our Services and/or Goods are faulty. Please contact us as soon as reasonably possible if you want:
(a) us to repeat the Services
(b) us to fi the Services
(c) us to repair or replace the Goods
(d) a price reduction
(e) a refund
6.2 If you are a Business or you do not have any statutory rights to end the Contract, you may contact us before we have started to provide the Services or before you collect the Goods and tell us that you want to cancel the Contract. If you do this, the following will apply:
(a) We will confim cancellation to you and the Contract will end immediately;
(b) We will refund any payment that you have made towards the price of the Services and/or for Goods not fitted to your vehicle by us provided you have returned such Goods to us in an unused condition within 5 days from the date of our invoice.
(c) The refund due to you in respect of any Goods we do not fi to your vehicle will be subject to a deduction for our administrative fees incurred as a result of your cancellation of the Contract. This administrative fee will be 25% of the total value of such Goods or a maximum amount of £1,000, whichever is lower.
6.3 We will pay any refund due to you by the method you used for payment as soon as possible and in any event, within 14 days from the day we confirm cancellation of the Contract.
6.4 Subject to clause 6.1 of these Terms, you cannot cancel the Contract:
(a) after we have started to provide the Services;
(b) if we have installed any Goods or any parts of them to your vehicle;
(c) if you have purchased non-stock Goods or special order Goods.
If you are unhappy with the Services and/or Goods once we have completed the Services, please let us know as soon as possible but in any event, no later than 7 days from the date you collect your vehicle and/or Goods.
We will see if we may be able to provide you one of the remedies listed in clause 6.1(a) – (e) above although we are not obliged to.
7 Warranty
7.1 All Goods supplied to you in carrying out the Services are subject to the respective manufacturer’s warranty. Please let us know if you would like to see a copy and we will provide this to you.
7.2 We warrant that all genuine Peugeot parts fitted to your vehicle (other than those fitted under the terms of the new vehicle warranty or policy) will be free from defects for 12 months. Any Goods not of Peugeot origin will be identified by an * and will not be covered by any Peugeot warranty.
7.3 We warrant that our Services will be free from defects for a period of 3 months or 3000 miles, whichever is sooner, from the date we complete the Services.
8 Limit on our responsibility to you
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death, personal injury, fraud or fraudulent misrepresentation), we are not legally responsible for any:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed
(ii) that were not caused by any breach on our part
(b) business losses
(c) losses to non-consumers
8.2 If you are a Business, we limit our liability to you (however arising) in respect of or in connection with the Services and/or Goods to 200% of the total price of the Services and/or Goods.
9 Data protection and privacy
9.1 We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Goods and handle your payment for them. If you give us your prior consent, we may tell you about our goods and services, but we will stop as soon as you tell us in writing to remove you from our mailing lists.
10 Other important terms
10.1 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.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.3 These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
10.4 Notices under the Contract will be in writing and sent to the persons and addresses set out in the Contract. They may be given, and will be deemed received:
(a) by fist class post: two days after posting;
(b) by hand: on delivery;
(c) by fax: on receipt of a successful transmission report from the correct number; and
(d) by email: on receipt of a delivery or read receipt mail from the correct address.
10.5 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services, Goods, our service to you or any other matter please contact us as soon as possible. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Contract.
10.6 These Terms are governed by English law.

TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES AND SALE OF GOODS



Sales Terms & Conditions of Sale

Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to. These Terms are intended to give clear information of your rights, as well as our terms and conditions of business. If you are uncertain as to your rights under these Terms or you want any explanation about them please email or telephone us on our details set out below.

1 Defiitions
1.1 The following words have these meanings throughout the Terms:
(a) Business: any purchaser of Services and/or Goods who is not a Consumer;
(b) Consumer: an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
(c) Contract: your Order accepted by us in accordance with clause 3.1(d) forming a legally-binding agreement between you and us for the supply and purchase of Services and/or Goods which incorporates these Terms;
(d) Goods: the spare vehicle parts, materials or other goods specifid in the Contract which we shall supply to you;
(e) Order: your order for the Services and/or Goods from us;
(f) Services: the services (including any instalments of the Goods or any parts for them if applicable) and Goods as set out in the Contract which we shall supply to you;
(g) Terms: the terms and conditions set out in this document;
(h) we or our or us: York Ward & Rowlatt of St Johns Street, Wellingborough, Northamptonshire, NN8 4LG, (Registered offie: Balmoral House, Kettering Venture Park, Kettering, Northamptonshire, NN15 6XU), Telephone: 01933 443403, Fax: 01933 445044, Email: info&yorkward.co.uk, registered company number 125935, VAT registration number 486283411. We are an appointed representative of ITC Compliance Ltd which is authorised and regulated by the Financial Conduct Authority and are permitted to advise on and arrange general insurance contracts. We are authorised and regulated for consumer credit activity and our registration number is 685369; and
(i) you or your: the Consumer or Business (as applicable) buying the Services and/or Goods from us.

2 INFORMATION AND RIGHTS FOR CONSUMERS ONLY
2.1 Clause 2 of these Terms applies only if you are a Consumer and not a Business.
2.2 By law, we must give you certain key information before a Contract between you and us is made (see the box below).
Typically, we will do this before you buy the Services and/or Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in these Terms and the Contract.

Information we will give to a Consumer
We will give you information on:
• the main characteristics of the Services and/or Goods you want to buy
• who we are, where we are based and how you can contact us
• the total price of the Services and/or Goods including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
• the arrangements for payment, carrying out of the Services and/or Goods and the time by which we will carry out the Services and/or provide the Goods
• our complaint handling policy
• the fact that we are under a legal duty to supply goods that are in conformity with the Contract
2.3 The key information we give you by law forms part of the Contract (as though it is set out in full here). If we have to change any key information once a Contract between you and us is made, we can only do this if you agree to it.
2.4 The law gives you certain legal rights if our Services are not carried out with reasonable care and skill or if the Goods are faulty. A summary of your legal rights is set out in the box below. Nothing in these Terms affects these legal rights.

Summary of a Consumer’s key rights:
Faulty Goods
The Consumer Rights Act 2015 says goods must be as described, fi for purpose and of satisfactory quality. During the expected lifespan of the Goods you are entitled to the following:
• up to 30 days: if the Goods are faulty, you can get a refund
• up to six months: if the Goods cannot be repaired or replaced, then you are entitled to a price reduction or a refund of the price paid
• up to six years: if the Goods do not last a reasonable length of time you may be entitled to some money back
You DO NOT have a legal right to a refund or replacement just because you change your mind, but please contact us as we may still be able to help.
Your rights in respect of our supply of Services to you
The Consumer Rights Act 2015 says:
• you can ask us to repeat or fi a Service if it is not carried out with reasonable care and skill, or get some money back if we cannot fi it
• if you have not agreed a price upfront, what you are asked to pay must be reasonable
• if you have not agreed a time upfront, it must be carried out within a reasonable time
The information in this summary box summarises your key rights. It is not intended to replace the Terms below which you should read carefully. For detailed information from Citizens Advice please visit www.adviceguide.org.uk or call 03454 04 05 06.
3 Ordering Services from us
3.1 Below, we set out how a legally binding contract between you and us is made:
(a) Any quotation given by us before you book and place an Order is not a binding offer by us to supply the Services. All quotations will be valid for 21 days from the date of issue.
(b) If you wish to purchase the Services listed in the quotation we give to you, you will need to telephone or email us to book and place an Order with us. When you decide to place an Order with us, this is when you offer to buy
Services from us.
(c) We may not accept your Order. If we do this, we will try to tell you promptly why we do not accept your Order. This is typically for the following reasons:
(i) we cannot carry out the Services (this may be because, for example, we have a shortage of staff-
(ii) the Goods are unavailable
(iii) we cannot authorise your payment
(iv) you are not allowed to buy the Services and/or Goods from us
(v) we are not allowed to sell the Services and/or Goods to you
(vi) there has been a mistake on the pricing or description of the Services and/or Goods
(d) We will only accept your Order when we confim this to you at our premises. At this point, the Contract will be in place between you and us, and we will start to carry out the Services in the way you and we have agreed.
4 Carrying out of the Services
4.1 We must carry out the Services for you within the period set out in the Contract. If you and we have not agreed a period, this will be within a reasonable time.
4.2 You give us permission to drive your vehicle so that we may complete the Services.
4.3 Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the Services as soon as those events have been fixed.
Examples of events which might be beyond our reasonable control include:
(a) you change the Services (and this means we have to do extra work or wait for extra materials or Goods);
(b) we have to wait for your other providers to complete their work before we are able to carry out the Services;
(c) the Goods are not delivered at the time agreed with the supplier of the Goods (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge).
4.4 When we carry out the Services, we might not have all of the Goods we need. This might be for a number
of reasons, such as:
(a) we have not had the opportunity to inspect your vehicle and cannot work out what Goods are necessary
until we start carrying out the Services; and/or
(b) where we have inspected your vehicle, it might not have been possible to work out what Goods we needed at the time we provided the estimate to you and this might only be revealed when we start carrying out the Services.
4.5 If we need to purchase extra Goods, we will buy them from Peugeot. If we cannot do this we will order them from elsewhere and continue to carry out the Services.
4.6 We will remove and immediately dispose of any parts when carrying out the Services unless you notify us not to before we commence the Services.
4.7 Completion of the Services will take place when we contact you to confirm this.
4.8 We will telephone or email you to arrange a time and date for you to collect your vehicle once we have completed the Services.

5 Charges and payment
5.1 We will let you know the basis of calculating the charges for the Services and/or Goods (and any extra charges such as delivery charges) to the fullest extent possible in the quotation that we provide you before you place an Order with us.
The price and payment terms for the Services and/or the Goods will thereafter be set out in the Contract.
5.2 The price includes VAT. However, if the rate of VAT changes between the date of the Contract and the date we complete the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services and/or Goods in full before the change in the rate of VAT takes effect.
5.3 We accept cash and Visa, MasterCard and American Express cards. All payments by credit card or debit card need to be authorised by the relevant card issuer.
5.4 Payment for the Services and/or Goods is due immediately on completion of the Services.
5.5 If your payment is not received by us under clause 5.4, we may:
(a) charge interest on any balance outstanding at the rate of 4% above the base rate of the Bank of England. We will notify you if we intend to do this;
(b) maintain a general lien on your vehicle for all sums due to us by you and charge you £10 per day to cover our fees incurred in storing and/or insuring your vehicle; and
(c) sell your vehicle and/or its contents by public auction or private treaty if we do not receive payment of the sums due to us by you within 90 days from the date we contact you to confim completion of our Services. We will use the net amount from the sale to pay the sums due to us by you and any remaining balance from the sale of your
vehicle will be held in trust for you.
6 Faulty Services and/or Goods and your rights to cancel the Contract
6.1 If you are a Consumer, there is a summary of your legal rights in clause 2.4 of these Terms if any of our Services and/or Goods are faulty. Please contact us as soon as reasonably possible if you want:
(a) us to repeat the Services
(b) us to fi the Services
(c) us to repair or replace the Goods
(d) a price reduction
(e) a refund
6.2 If you are a Business or you do not have any statutory rights to end the Contract, you may contact us before we have started to provide the Services or before you collect the Goods and tell us that you want to cancel the Contract. If you do this, the following will apply:
(a) We will confim cancellation to you and the Contract will end immediately;
(b) We will refund any payment that you have made towards the price of the Services and/or for Goods not fited to your vehicle by us provided you have returned such Goods to us in an unused condition within 5 days from the date of our invoice.
(c) The refund due to you in respect of any Goods we do not fi to your vehicle will be subject to a deduction for our administrative fees incurred as a result of your cancellation of the Contract. This administrative fee will be 25% of the total value of such Goods or a maximum amount of £1,000, whichever is lower.
6.3 We will pay any refund due to you by the method you used for payment as soon as possible and in any event, within 14 days from the day we confirm cancellation of the Contract.
6.4 Subject to clause 6.1 of these Terms, you cannot cancel the Contract:
(a) after we have started to provide the Services;
(b) if we have installed any Goods or any parts of them to your vehicle;
(c) if you have purchased non-stock Goods or special order Goods.
If you are unhappy with the Services and/or Goods once we have completed the Services, please let us know as soon as possible but in any event, no later than 7 days from the date you collect your vehicle and/or Goods. We will see if we may be able to provide you one of the remedies listed in clause 6.1(a) – (e) above although
we are not obliged to.

7 Warranty
7.1 All Goods supplied to you in carrying out the Services are subject to the respective manufacturer’s warranty. Please let us know if you would like to see a copy and we will provide this to you.
7.2 We warrant that all genuine Peugeot parts fitted to your vehicle (other than those fitted under the terms of the new vehicle warranty or policy) will be free from defects for 12 months. Any Goods not of Peugeot origin will be identified by an * and will not be covered by any Peugeot warranty.
7.3 We warrant that our Services will be free from defects for a period of 3 months or 3000 miles, whichever is sooner, from the date we complete the Services.
8 Limit on our responsibility to you
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death, personal injury, fraud or fraudulent misrepresentation), we are not legally responsible for any:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed
(ii) that were not caused by any breach on our part
(b) business losses
(c) losses to non-consumers
8.2 If you are a Business, we limit our liability to you (however arising) in respect of or in connection with the Services and/or Goods to 200% of the total price of the Services and/or Goods.
9 Data protection and privacy
9.1 We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Goods and handle your payment for them. If you give us your prior consent, we may tell you about our goods and services, but we will stop as soon as you tell us in writing to remove you from our mailing lists.
10 Other important terms
10.1 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.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.3 These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
10.4 Notices under the Contract will be in writing and sent to the persons and addresses set out in the Contract. They may be given, and will be deemed received:
(a) by fist class post: two days after posting;
(b) by hand: on delivery;
(c) by fax: on receipt of a successful transmission report from the correct number; and
(d) by email: on receipt of a delivery or read receipt mail from the correct address.
10.5 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services, Goods, our service to you or any other matter please contact us as soon as possible. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Contract.
10.6 These Terms are governed by English law.

TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES AND SALE OF GOODS