Terms and Conditions

TERMS & CONDITIONS FOR SERVICING, REPAIRS AND SUPPLY OF PARTS

These terms & conditions apply to all Services rendered and Parts supplied by or through First Pacific Motors.

The job card / job order and any / all other documentation issued by the Company and accepted by the Customer forms part of the agreement.

This document may be executed in any number of counterparts, any of which may be delivered by fax or e-mail and still form one single agreement, which is not required to be signed by the Company to be binding.

  1. Definitions
    1. “The Company”, First Pacific Motors, who is the vendor of the services and or goods to the customer.
    2. “The Customer”, the person contracting for goods and services to be supplied by the Company.
    3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
    4. “Goods” means all things to be sold by the Company to the Customer.
    5. “Services” means all services, including repairs, provided by the company to the Customer.
  2. Whole Contract – These terms shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.
  3. Interpretation – The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
  4. Enforceability – In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
  5. Price / Estimate / Diagnostics
    1. All prices given by the Company to the Customer shall constitute an estimate and not a quotation.
    2. Unless specifically agreed in writing, all work is agreed on an estimated basis.
    3. All Customers are entitled to receive estimates from the Company and a Customer choosing not to receive an estimate, including disassembly and/or re-assembly of the Customer’s property, the Customer assumes the risk for the reasonable costs associated therewith for the Services and/or Parts.
    4. Estimates are given subject to the Customer’s acceptance that costs may fluctuate in accordance with the actual costs of Parts provided and Services rendered.
    5. Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages, materials or increased cost from any other cause outside of the Company reasonable control.
    6. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
    7. Although the Company will take all reasonable care in disassembly and/or re-assembly of the Customer’s property, the customer acknowledges that damage may occur to such property due to many reasons, including pre-existing defects or damage occasioned by virtue of the nature of the diagnostics process and agree that such diagnostics are performed strictly subject to the Customer’s waiver in favour of the Company of any/all rights to claim damages arising therefrom.
    8. If the Customer elects not to proceed with any Work for whatsoever reason after diagnostics have been performed, including not accepting the Company ‘s estimate, the Customer will accept and remove its property in a disassembled condition and if re-assembled, without warranty and under liability for the reasonable re-assembly costs.
    9. The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable.
    10. Unless specifically agreed in writing, time for completion of any work is not essential.
    11. Should any dispute exist as to what would constitute the reasonable costs under the circumstances, the Customer will pay such costs pending resolution of the Dispute and will not be relieved from accumulating storage costs pending resolution of such Dispute.
  6. Paintwork – Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required, every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.
  7. Goods Supplied
    1. Where the service includes the provision of goods, the Company reserves the right to impose a handling charge on goods returned for credit (which has been correctly supplied to order).
    2. All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice.
    3. Worn units will only be accepted in a clean and oil free condition.
    4. All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice quoting the invoice number.
    5. In the event of cancellation, for any reason, the customer agrees to return any Goods to the Company’s premises.
    6. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.
  8. Services & Parts
    1. The Company will provide the technical advice, diagnostics, Services and Parts with the degree of skill and workmanship that could reasonably be expected from an entity or person conducting the business of the Customer.
    2. All Services will be rendered and Parts provided in accordance with the technical advice given by the Company or if specific instructions are given by the Customer, then in accordance with such instructions.
    3. The Company does not warrant that any Parts purchased by the Customer, but not fitted by the Company, will be fit for the purpose for which it is purchased.
    4. The Customer shall be entitled to return Parts purchased within 10 business days, subject to such Parts being unused, undamaged, in their original packaging and in a resale-able condition.
    5. Whenever it is necessary or preferable that a third party provide the Services and/or Parts or any part thereof, the Company will be entitled to arrange the involvement of such third party on behalf of the Customer.
    6. If the Company arranges the participation of such third party with the knowledge and consent of the Customer, the Company shall not be liable for the Services and/or Parts of such third party or any damages arising there from.
    7. Should the Customer allege any of the Services rendered or Parts provided to be defective in any manner, the Customer shall give the Company a reasonable opportunity to inspect same.
    8. The Customer has the right to cancel the rendering of Services and/or provision of Parts at any time, it being understood that the Customer will be liable to the Company for all costs incurred up to the time of cancellation.
    9. The Company shall render the Services and provide the Parts as soon as is possible, but within a reasonable time.
    10. Any approximation of the time required to render the Services and/or provide the Parts and/or any dates given for completion constitute estimates only and shall not be binding on the Company.
    11. Failure by the Company to complete the Services and Parts on or before any given date will not entitle the Customer to cancel the agreement unless a reasonable time has been exceeded and then subject to the Customer paying the Company for the costs of Services and Parts provided up to date of cancellation.
    12. The Company shall not be liable for any damages and/or consequential damages and/or economic loss due to late completion and/or cancellation due to failure to complete at any given time.
    13. The Company will not be liable for any loss or damage arising due to any pre-existing latent defect in the Customer’s property.
  9. Additional Services & Parts
    1. Unless the parties agreed that no additional Services will be rendered or Parts provided without the Customer’s express consent, the Company shall be entitled to render such additional Services and provide such additional Parts as may reasonably be required, the reasonable costs whereof the Customer undertakes to pay.
    2. The rendering of additional Services and provision of additional Parts shall not, unless expressly agreed to the contrary, constitute a new agreement and shall be subject to these terms and conditions.
  10. Delivery
    1. The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.
    2. Unless otherwise agreed in writing delivery of the Goods shall take place at the Company’s premises.
  11. Payment
    1. The Customer is liable for payment upon completion or if cancelled, upon cancellation.
    2. The Company is entitled to require a deposit, prior to rendering the Services and/or providing the Parts.
    3. The Company’s willingness to accept payment in any form other than cash, constitutes an indulgence for the benefit of the Customer, which may be revoked at any time.
    4. Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.
  12. Warranties
    1. If any of the Services or Parts is covered by a warranty given by the Company, then such warranty is subject to specific terms and conditions in addition to these terms and conditions.
    2. If a third party gives a warranty, such warranty will run concurrently with any warranty given by the Company and any statutory warranty.
    3. If the Services to be rendered and/or Parts to be provided are covered by an existing non-vendor warranty or other maintenance- and/or service plan, it is the Customer’s responsibility to make arrangements for payment of the Company and will remain liable to the Company until paid in full.
    4. Unless expressly agreed to the contrary in writing, no warranty given by the Company shall be valid for a period of longer than2 months from date of completion.
    5. No warranty given by the Company will cover abuse, excessive or abnormal use, use contrary to any manufacturer’s specifications or normal wear and tear.
    6. The Company’s liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts.
    7. Subject to clause 12.8 below, the Company assigns to the Customer, the benefits of any applicable manufacturer’s warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 15000 miles, whichever occurs sooner from the date of completion of the work.
    8. The Company’s obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:
      1. Failure to notify the Company of the defect.
      2. Failure to afford the Company opportunity to rectify the problem.
      3. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
      4. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
      5. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
  13. Liability – Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer’s schedule as coming within the scope of such operation.
  14. Possession & Use of the Customer’s Vehicle
    1. Possession of the Customer’s property is taken by the Company strictly subject to the provisions of this agreement.
    2. The Company does not assume or accept any risk until the Customer’s property is delivered to the Company’s regular business premises and any collection and/or delivery of the Customer’s property at any place other than such premises is done entirely at the Customer’s risk.
    3. The Customer authorizes the Company to transport its property from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics or transfer to and/or from any third party.
    4. Any transportation of the Customer’s property is undertaken strictly subject to it being done at the Customer’s risk and under waiver of any/all claims arising there from, except if the Company is grossly negligent.
    5. Although all reasonable care will be taken with the Customer’s property in the Company’s possession, the Company shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.
    6. Possession will only be returned to the Customer upon full payment being received by the Company and allowing the Customer to inspect or test the property does not constitute giving possession.
    7. The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.
  15. Authority to Contract
    1. The Customer warrants that it is the owner of the property entrusted to the Company or is duly authorized to enter into the agreement with the Company on behalf of the owner.
    2. The Customer undertakes to pay the Company as agreed and if acting in a representative capacity, the signatory hereof binds himself/herself as surety and co-principal debtor with his or her principal in favour of the Company.
    3. Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Company to be the Customer’s agent or by any person, to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer
  16. Authority to Uplift – Where a person who, so far as the Company is aware, has authority to uplift Goods or Vehicles and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
  17. Collection, Storage & Lien – If, following the completion of services the Customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

    1. The Customer will be notified upon completion and will collect the property as soon as possible, but within 7 days from being so notified.
    2. The Company will be entitled to charge a reasonable storage fee for uncollected property after said 7 days and uncollected property may be sold.
    3. The Customer acknowledges that its property will at all times be subject to the Company’s lien, which will only be extinguished upon receipt of full payment by the Company, including third party costs incurred by the Company on behalf of the Customer.
    4. The Customer consents to a lien in favour of the Company arising from unpaid storage costs and third party costs.
    5. The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.
  18. Risk / Delay – Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer’s risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.

  19. Bankruptcy / Insolvency of Customer – If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.

  20. Replacement Parts – The Company shall obtain the Customer’s express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.

  21. Disposal of Uncollected Goods – Any vehicle which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three (3) calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the Customer last known to the Company and shall be deemed to have been received by the Customer on the day following the date of posting, or if that shall be a Sunday or a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer’s last known address.

  22. Data Protection
    1. The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by the Company, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Company Principal at the Company address.
    2. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
  23. Distance Selling Regulations
    1. Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs the Company to carry out the service and no service can be performed within this period unless the Customer expressly requests the Company does so.
    2. To exercise the right to cancel, the Customer must inform the Company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email).