LENHOY CLASSICS TERMS & CONDITIONS
1.1When the following words with capital letters are used in these Terms, this is what they will mean:
(a)Event Outside Our Control: is defined in clause 8.2;
(b)Order: our written estimate for the Services;
(c)Services: the services that We are providing to you as set out in the Order;
(d)Terms: the terms and conditions set out in this document; and
(e)We/Our/Us: Lenhoy Classics Limited registered as a company in England and Wales trading from Lenhoy Cottage, Stocking Pelham, Near Buntingford, Herts SG9 0JA.
1.2When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2.OUR CONTRACT WITH YOU
2.1These are the terms and conditions on which We supply Services to you.
2.2Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3If you are happy with the Order, please confirm to us in writing (which includes email). This does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this and We will not process the Order.
2.4These Terms will become binding on you and Us when We contact you (usually by email) to tell you that We are able to provide you with the Services, at which point a contract will come into existence between you and Us.
2.5For the avoidance of doubt these Terms do not apply to Sales Agency Agreements. Please refer to the Sales Agency Agreement for the terms and conditions applicable to it.
3.CHANGES TO ORDER OR TERMS
3.1We may revise these Terms from time to time where there are any changes in relevant laws and regulatory requirements which make it necessary to do so.
3.2If We have to revise these Terms under clause 1.1, We will give you at least one months’ written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3You may make a change to the Order for Services at any time before the start date for the Services by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 9.1 in these circumstances.
3.4If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4.1We will supply the Services to you from date agreed between Us in writing until the estimated completion date set out in the Order and depending on the type of Service we are providing, in accordance with Schedule 1, Schedule 2 or Schedule 3.
4.2We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3We may need certain information from you that is necessary for Us to provide the Services. Please refer to the relevant Schedule for the type of Service we are providing to see if this applies to you. We will contact you about this if it is required. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the Services under this clause 4.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
4.4We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4.4 but this does not affect your obligation to pay any invoices We have already sent you.
4.5If you do not pay Us for the Services when you are supposed to as set out in clause 6.3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
4.6We may subcontract or delegate any of our obligations in providing you with the Services, where such Services include restoration, to any third party or agent. This may involve your vehicle being away from Our premises whilst the restoration is being carried out.
5.IF THERE IS A PROBLEM WITH THE SERVICES
5.1In the unlikely event that there is any defect with the Services:
(a)please contact Us and tell Us as soon as reasonably possible and in respect of transportation or assessments within 14 days of the delivery of your vehicle;
(b)please give Us a reasonable opportunity to repair or fix any defect; and
(c)We will use every effort to repair or fix the defect as soon as reasonably practicable.
You will not have to pay for Us to repair or fix a defect with the Services under this clause 5.1.
5.2As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.PRICE AND PAYMENT
6.1Please refer to the relevant Schedule for details on the price of our Services and where applicable any deposit required. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
6.2Where VAT is charged, these prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
6.3Your rights to a refund on cancellation are set out in clause 9.
6.4If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc 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.
6.5However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7.OUR LIABILITY TO YOU
7.1If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
7.2We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3We do not exclude or limit in any way Our liability for:
(a)death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b)fraud or fraudulent misrepresentation;
(c)breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d)breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e)defective products under the Consumer Protection Act 1987.
8.EVENTS OUTSIDE OUR CONTROL
8.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a)We will contact you as soon as reasonably possible to notify you; and
(b)Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 9.
9.YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 1.1 to your material disadvantage:
(a)you may cancel any Order for Services at any time before the start date for the Services by contacting Us. We will confirm your cancellation in writing to you;
(b)if you cancel an Order under clause 9.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts and any delivery charges to you save where a non-refundable deposit has been paid;
(c)However, if you cancel an Order for Services under clause 9.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.2Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a)We break this contract in any material way and We do not correct or fix the situation within ten days of you asking Us to in writing;
(b)We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c)We change these Terms under clause 1.1 to your material disadvantage;
(d)We are affected by an Event Outside Our Control.
10.OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
(a)We will promptly contact you to let you know;
(b)if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(c)where We have already started work on your Order for Services, We will not charge you anything and you will not have to make any payment to Us.
10.2Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.3We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a)you do not pay Us when you are supposed to as set out in clause 6.3. This does not affect Our right to charge you interest under clause 6.4; or
(b)you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
11.INFORMATION ABOUT US AND HOW TO CONTACT US
11.1We are a company registered in England and Wales. Our company registration number is 9157959 and Our registered office is at Unit 2, Stocking Pelham Hall Farm, Stocking Pelham, SG9 0HT.
11.2If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning at 01279 777687 or by e-mailing Us at email@example.com.
11.3If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Lenhoy Classics Limited at Lenhoy Cottage, Stocking Pelham, Nr. Buntingford, Hertfordshire SG9 0JA. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
12.HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1We will use the personal information you provide to Us to:
(a)provide the Services;
(b)process your payment for such Services; and
(c)inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
12.2You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
12.3We will not give your personal data to any other third party.
12.4We may take photographs of your car. You agree that we may use such photographs on Our website, Facebook page or in any other promotional, advertising or publicity material in any format whatsoever unless you have informed us not to, in writing, when you instruct us to carry out the Services. All copyright and other intellectual property rights in these photographs or other materials is owned by Us or such authorised third party (as the case may be).
13.OTHER IMPORTANT TERMS
13.1We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.4Each 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.
13.5If 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.
13.6These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
SCHEDULE 1 – CAR RESTORATION
1.We will generally invoice you after each 30 hours’ accumulated time in accordance with the agreed restoration milestones as set out in the Order. If we have agreed different terms for invoicing you, this will be set out in the Order.
2.You must pay each invoice within 7 calendar days from the date of invoice by the method advised at the time your invoice is issued.
3.If you do not make any payment on time please refer to clause 6.4 above.
4.Where it is anticipated that restoration will require in excess of 30 hours’ time We will require an advanced deposit in order to secure the workshop holding timeslot (typically £250) and an advanced restoration payment (typically £500 prior to commencing work). Such deposits shall be non-refundable unless you provide Us with a minimum of 2 weeks’ written notice of your intention to cancel your Order.
5.Our hourly rates shall vary depending on the nature of the Services being provided. Full details shall be provided in the written Order.
6.We guarantee Our restoration work for a period of 6 months’ from the date of delivery provided that the car has not been subjected to excessive mileage or use beyond what would reasonably be expected. Please see clause 5 above for Our obligations where there is a problem with the Services.
SCHEDULE 2 – VEHICLE ASSESSMENTS
1.The price for vehicle assessments will be a fixed rate as set out in the Order together with Our travel expenses.
2. If you choose to appoint us to source a vehicle for you without us carrying out a vehicle assessment, this service will be charged at our hourly rate as set out in the Order.
3.If you instruct us to a source a vehicle for you without carrying out an assessment in accordance with clause 2 above, we shall not be responsible for any defects that you may find with the vehicle. Our instructions in these circumstances are strictly limited to sourcing a vehicle of the make and model which you have specified. We will not carry out any assessment of the suitability, reliability or otherwise of the vehicle.
4.All inspection reports will be sent to you by email or post.
5.We are required to notify the seller of the vehicle of any defects which we find and which would render the vehicle un-roadworthy.
6.We strongly recommend that you discuss the contents of our written report with the seller of the vehicle before you make a decision to purchase.
7.We will invoice you prior to carrying out the assessment and such invoice must be paid by you in full at least 3 calendar days before the date the assessment is due to take place. Failure to pay the invoice on time shall entitle Us to suspend our Services in accordance with clause 4.5 above.
8.You are responsible to do the following at your expense:
(a)provide full and safe access to the vehicle in order that We can carry out the assessment on the agreed date;
(b)obtain the owner of vehicle’s permission to assess and road test the vehicle and ensure that it has a valid MOT certificate and that the road fund licence has been fully paid;
(c)notify Us if the vehicle has any un-roadworthy of defective components that you aware of;
(d)ensure that the location for the assessment to be carried out is a fit and suitable flat environment and that legal parking facilities are available for Us and Our equipment; and
(e)to meet any congestion charges which may apply.
9.If the location is found to be unsuitable we reserve the right not to carry out the assessment and to levy a short notice cancellation charge. The details of this charge will be set out in the Order.
10. Please note that the assessment does not include any fault diagnosis and We will not dismantle the vehicle or any of its components. We will not assess any components or parts of the vehicle which are not reasonably visible or accessible, including hollow components such as suspension arms that may corrode internally.
11.We cannot guarantee the following:
(a)the passenger or luggage compartment is watertight;
(b)faults that would only become apparent if the vehicle were driven in excess of the speed and distance travelled during any road test carried out as part of the assessment;
(c)that any replacement components found in the vehicle have been manufactured by the manufacturer of the vehicle;
(d)that the vehicle would pass an MOT test;
(e)the authenticity of the vehicle V5 registration document, the MOT certificate, VIN number, engine number, registration number, mileage or vehicle service history.
12.We strongly recommend that for any vehicle with an MOT certificate with less than 3 months before expiry, you ensure that a new MOT is undertaken before you purchase the vehicle.
13.Limitations of Our assessment
13.1We can only identify defects which are actually found and/or are reasonably capable of being found on a visual examination of the vehicle at the time of the inspection.
13.2We cannot be responsible for latent defects. For example classic vehicles with high mileage may have been subject to abnormal use and may have latent defects, serious internal, structural or mechanical defects and/or hidden corrosion which is not detectable from an external, visual examination.
13.3Our assessment should not be seen as a guarantee as to the condition of the vehicle.
13.4 We are not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on any valuation We provide you with. Any such valuation shall not be given as a guarantee or representation.
SCHEDULE 3 – TRANSPORTATION
1.We will provide transport for your vehicle as promptly as possible in accordance with your instructions and as set out in the Order.
2.A deposit will be collected when you make your Order. If you cancel your Order with less than 24 hours’ notice the deposit will not be refunded.
3.The price for transportation will be charged at a fixed rate per mile starting and ending at Our premises. For Orders where the distance required is less than 50 miles, a fixed minimum price of £75 plus expenses will apply.
4.You must ensure that the vehicle can roll and suitable access is available for loading on to a 3.5Ton transporter. If this is not available you must advise Us immediately. Other transportation equipment may be used in locations with limited access.
5.If you fail to provide suitable access or there is difficulty in movement of the vehicle, we may charge additional costs.
6.We guarantee that the vehicle which we are transporting shall be delivered in the same condition as it was when we collected it.
7.You must ensure that no valuables, electronic equipment, dangerous goods, articles or substances which may cause a risk to health, should be left in the vehicle on collection.
8.Payment of our fees, method for payment and any deposit required will be set out in the Order. However, typically for transportation of less than 50 miles, the total price will be payable in cash to the driver on collection. For transportation of more than 50 mile, a deposit of 50% of the total price will be payable in advance of the collection. The balance shall be payable to in cash to the driver on collection. If the deposit is not paid in cash it must be received as cleared funds by Us prior to collection.
9.We may agree with you in advance that the full price will be invoiced on the date of delivery. In which case, payment will be due in full within 7 days’ of the invoice.
10.If we have advised that a deposit is not required, in accordance with paragraph 9 above, we reserve the right to require that a deposit is made at any time before we commence our Services.
SCHEDULE 4 - SALES AGENT
Agency Sales of Customer cars will be managed via a Sales Agency contract signed and agreed by both parties.