1. Estimates are effective only for 30 days after despatch. If instructions are not received from a Customer – in response to an estimate rendered – 30 days from despatch of the estimate, the Company may change its usual garage rates from the date the vehicle was received until collection. [Note – the Company does not as a general rule make any such charge for the garagingpending instructions, if the repairs are ultimately carried out by the Company and duly paid for.]
a. All estimates by the Company are based on the current cost to the Company of labour, materials and parts at the date of estimate and in the event of any variation occurring before or after acceptance the Company may, if it thinks fit, require the Customer to pay – on completion of the work – any increase due to such variation/s.
b. If no price is stated or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done – including any stripping down leading to determination as to the practicality or otherwise of ant work and reassembly)- and also for materials and parts supplied.
c. If in the opinion of the Company it is impractical for any reason to carry out any of the work it has been instructed to carry out it shall be entitled to refrain from carrying out or completing such work – notwithstanding that an estimate may have been given therefore – and to carry out only such work as in the opinion of the Company may be practicable.
d. Variation of any kind in the estimate, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a ‘deviation from contract’, nor shall any such act dis-entitle the Company to the benefits of any of these conditions.
3. Every endeavour will be made to carry out the work by the time desired, but the Company shall not be liable for any delay howsoever occasioned and this not withstanding that a definite date for completion may be specified.
4. Any work done or goods supplied in relation to a vehicle, by the order of any driver in the Customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.
5. Payment for all repairs and/or parts supplied is due on completion of work, but the Company may demand a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions when notice has been given that the vehicle is ready for collection.
6. The Company shall have a general lien on a vehicle and all it’s contents for all monies owning to the Company by the Customer on any account whatsoever. The Company shall be entitled to charge garage rent during any period in which the vehicle is retained by virtue of the lien.
7. If the Customer’s indebtedness to the Company is not satisfied within three months from the first account rendered to the Customer, the Company may without notice sell any vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand.
8. Where in any case a driver who, so far as the Company is aware, has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss or damage resulting on the grounds that such a driver had in fact no such authority, and this is notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of authority of any person reasonably believed to be then, or to have been at some time connected with the Customer
9. If a vehicle is not collected, and the Company’s charges are not paid within 24 hours after the delivery of the vehicle to the Company, the Company may charge it’s current storage rent of £20 per day in respect of cars and £30 per day for commercial vehicles from the date of completion of the repairs until collection or disposal under section 8 hereof or as the case may be.