Terms and Conditions For The Provision Of Services and The Sale Of Parts
(Nothing in This Document Shall Restrict The Statutory Rights Of a Consumer)
- These terms and conditions, together with the details set out overleaf contain all the terms of agreement between us (The Company) and you (The Consumer) relating to the repair, servicing or other work described overleaf (The Work) to the vehicle identified overleaf (The Vehicle) and/or the supply of goods, parts or other things to be supplied by the Company, whether or not in conjunction with the work (The Goods). The consumer will be deemed to have accepted these terms if he or his insurance company give instructions or place orders by any means for Work to be done or goods to be supplied.
- Any typographical, clerical, or other error or omission in estimate, order acceptance, invoice or other document issued by the Company shall be subject to correction without liability on the part of the Company. If you wish to rely on any amendment or addition, you should assure that it is confirmed in writing by one of our duly authorised representatives.
- If we agree any variation in the work to be done or goods to be supplied, this shall be deemed to be an amendment to this agreement rather than a new agreement.
- This agreement is made in the republic of Ireland and shall be governed and construed in accordance with Irish law. Save as provided for in Clause 5, this agreement shall be subject to the exclusive jurisdiction of the Irish Courts.
- The customer may refer any dispute or difference of any kind whatsoever (The Dispute) which arises or occurs between the parties in relation to anything or matter arising out of or in connection with this agreement to the SIMI consumer complaints service for mediation and if necessary, to the SIMI retail motor industry standards tribunal whose recommendations are binding on SIMI member companies but not on the consumer (see note below)
- Either in the event that the customer does not refer the dispute to mediation under (a) above, or in the event that the consumer does not accept a recommendation of the SIMI retail motor industry standards tribunal under (a) above the dispute shall be referred to arbitration under the Arbitration rules of the chartered institute of arbitrators (Irish Branch) and in accordance with the provisions of the arbitration acts 1954-1998 or any subsequent amending legislation. The arbitration award shall be final and binding on both parties hereto. The language of the arbitration shall be English and place of arbitration shall be Dublin.
- Note: The SIMI consumer complaints service and the service of the SIMI retail motor industry standards tribunal are provided free of charge. A complaint must be referred to the society within 3 months from the date the cause of the complaint first manifested itself.
- You warrant and confirm that you own the vehicle or are duly authorised to enter into this agreement for the work to be done on it on these terms.
- An estimate is our considered approximation of the likely cost of the work and/or goods, and is valid for 14 days from when we send it to you.
Any estimate is based on the published recommended retail price for the goods involved at the time of the estimate. If the manufacturer or other supplier of the goods changes the published recommended retail price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice in writing within 14 days cancelling your order. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
- Unless otherwise agreed in writing, if it appears during progress of the work that the estimate will be exceeded by more than ten per cent (10%), we will notify you and will not continue with the work unless you expressly authorise us to do so.
- If you have left the vehicle with us for an estimate but have not accepted the estimate, or have failed to collect the vehicle, within 14 days of the date of the estimate or (if earlier) the date of cancellation, we may charge you, at our published rates in force at that item, for the storage of the vehicle from the end of that period.
- All estimates are exclusively of any applicable value added tax and are quoted in Euro (€).
COMPLETION OF WORK AND PAYMENT
- We will use our best efforts to do work or supply goods within any time estimate we have given you, but will not be liable for delays and time shall not be of the essence.
- We shall be entitled to sub-contract all or any part of the work, but will be responsible for the quality of the sub-contractors’ work.
- If for any reason we do not carry out the work in full, we will charge you only for goods actually supplied or fitted and a reasonable, amount for any work actually done. The company does not warrant the condition or the roadworthiness of any vehicle on which the work has not been completed. No order which has been accepted by the company maybe cancelled by the customer except with the prior written agreement of the company and provided that the consumer indemnifies the company in full against all loss (including loss of profits), costs, damages, charges, and expenses incurred by the company as a result of cancellation.
- We will notify you when the work is complete and the vehicle and/or the goods are ready for collection and (unless you have a credit account with us, in which case you must comply with the terms agreed in relation to the operation of such account) you must pay for the work and/or goods before collection.
- All payments must be made in cash or by some other means of payment approved by us, unless other payment terms have been separately agreed between us must be received in cleared funds on or before the date agreed for collection of the vehicle.
- We are entitled to retain the vehicle and/or goods until you have paid for the work and/or goods in full.
- If you fail to pay the full amount due and collect the vehicle and/or goods. A) within 7 days of being notified that the work is complete and/or that the goods are ready for collection, we may charge you, at our published rates in force at that time, for the storage of the vehicle from the end of that period; B) within 3 months of being notified that the work is complete and/or that the goods are ready for collection, we may (after giving you 7 days notice of our intention to do so if you have not paid the full amount due and collected the vehicle and/or goods before such notice expires) sell the vehicle and/or goods, deduct the amount owing to us (including statutory charges and the cost of sale) and pay the balance to you.
- Unless otherwise agreed in writing, the goods will be deemed to have been delivered to you at our premises when they are available for collection.
- All parts replaced during any work done, except those to be returned under warranty or service exchange arrangements, will be retained by and become the property of the company unless the customer specifically asks to have such replaced parts when collecting the vehicle which will duly be given to the customer provided that the company is not obliged to dispose of parts in a particular manner or to a particular person pursuant to environmental health or other legislation, regulations or guidelines.
TRANSFER OF OWNERSHIP AND RISK
- The goods will continue to belong to us until you have paid for them in full. Goods supplied by the company should be at the consumers risk immediately on delivery to the consumer or into custody on the customer’s behalf. You will be responsible for any loss or damage from when they are delivered to you, and should insure them accordingly. A cheque will not be treated as payment until it is cleared.
- Until full payment has been received by the company the customer shall hold the goods supplied hereunder in a fiduciary capacity and as bailee for the company in a manner which enables them to be identified as the goods of the company and the customer shall immediately return those goods to the company should it so request. All the normal incidents associated with a fiduciary relationship shall apply. Notwithstanding this clause 22, the customer shall be permitted to sell the goods supplied hereunder to third parties in the normal course of business. In this respect the customer shall act in the capacity of a commission agent and the proceeds of any such sale shall be held in trust for a company in a manner which enables the proceeds to be identified as such. The company as principal shall remunerate the customer as commission agent by a commission being the surplus which the commission agent can obtain in excess of the contract price of the goods.
- The customer grants the company an irrevocable licence to enter at any time without notice any vehicles or premises owned or occupied by the customer or in its possession for the purpose of repossessing and removing any goods supplied the property in which has remained in the company.
LOSS, DAMAGE AND LIABILITY
- We will carry out the work with reasonable care and skill, and will use our reasonable endeavours to ensure that it will remain free of defects in workmanship for a period of 3 months or 3,000kilometres, whichever occurs sooner, from the date the work is completed. In respect of any other parts fitted or other goods, the company will use it’s reasonable endeavours to secure for the customer the benefit of any warranty or guarantee issued by a manufacturer, supplier or other third party but it is hereby expressly agreed that the company shall have no obligation in respect of the observance of the terms of any such warranty or guarantee. However the first sentence in this clause 24 does not apply if the vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your (A) failing to inform us promptly of the defect and allowing us promptly to examine the vehicle and endeavour to remedy the defect B) misusing or neglecting the vehicle or using or permitting it to be used for taxiing, hackney, racing, or rallying, or similar sports (c) failing to comply with instructions or information from the manufacturer or from us concerning the treatment, maintenance and care of the vehicle and/or goods or to have it/them serviced in accordance with the manufacturer’s instructions (d) fitting vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer or (e) altering the vehicle and/or goods, or permitting it/them to be altered in any manner which has not been approved by the manufacturer.
- We sell the goods to you with the benefit of the dealer warranty. The dealer warranty is additional to your statutory rights, and is not affected by any change of ownership of the goods, remedial work under the dealer warranty may be carried out by any dealer in the EEA authorised directly by the manufacturer, who may replace any defective goods or (if he considers repair or replacement uneconomic) refund an appropriate part of the price you paid for them.
- The work includes painting and the metal to be painted is rusted, we will take all reasonable precautions to prevent rust penetrating the paint after completion of the work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly
- You observe the instructions for use, cautionary notices and other technical notices and information with which we supply or have supplied the goods.
- Except where you are acting as a consumer, and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this agreement to the amount you have paid for the work and/or goods and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
- You should remove any items of value not related to the vehicle as we will not accept any liability for loss or damage to these which is not caused by our own negligence.
- Save in the case where the customer deals as a consumer (as defined in the sale of goods and supply of services act, 1980 9as amended) (the sale of goods act) ), all statements, representations, conditions or warranties as to the quality of the goods or works or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded or limited to the fullest extent permitted by law subject always to section 55 of the sale of goods act.
- We will accept the return of any goods for credit, provided that you return them, in the same condition and packaging as when supplied, within 5 working days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handling charges for returned goods. Save as provided in this clause 31 goods will not be accepted back by the company.
- If this agreement has been concluded without ant face to face contact between us or anyone acting on our behalves, you may give notice cancelling this agreement before we begin the work or (as the case may be) within 7 days of taking delivery of the goods, whereupon you must either return goods to us or make them available for us to collect at your expense. You must take reasonable care of goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
- Save as in clause 31 and 32 above, we will not accept the return of any goods which are not defective.
- Any notice given under this agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have been received in due course of post.
- All written notices given by the company to the customer shall take effect 24 hours after been despatched in the normal course of post to the customer address shown overleaf, or immediately upon delivery by hand.
- No Waiver by the Company of any breach shall be considered as a waiver of any subsequent breach of the same or any other provision.
Nothing Herein is intended to prejudice or affect, a customer’s statutory rights under sections 12,13,14 and 15 of the sale of goods act, 1893 (as amended).
We may use your contact information for the provision of product, emergency service and warranty information, for customer satisfaction/market research and for event invitations. Your data will be maintained confidentially by Monasterevin Motors, our dealer network and partners and used only for the purpose outlined above.