In these terms and conditions unless the context otherwise requires the following expressions have the following meanings:
All other words and expressions are to be given their normal English meaning taken in the context of the Agreement and these Terms.
Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.
Any reference to a clause shall mean a clause of these Terms unless otherwise stated.
In these Terms unless the context clearly indicates another intention:
The use of headings in these Terms is for convenience only and shall not affect the interpretation of these Terms
The Inspection is based upon our external visual examination of the items detailed in the report. We will not dismantle any components and therefore will not be responsible for latent defects or defects only discoverable by internal inspection.
We cannot accept any responsibility for the accuracy of the Vehicle Data Check, which we obtain in good faith from an independent third party.
It is not possible for us as part of the Inspection to test for oil or fuel consumption issues. The identification of the source of any leaks is not included, but will be commented upon where evident.
The life expectancy of any vehicle component including but not limited to brakes, clutch, exhaust systems and battery cannot be predicted or guaranteed; components may have considerable wear and remain serviceable.
We will only test electrical components by the general observation of turning switches/controls on and off.
The data link connections of some vehicles (in particular pre 2001 petrol and pre 2004 diesel vehicles) may not be compatible with our test equipment; we will not be able to carry out diagnostic checks on the vehicle management system of such a vehicle.
The accuracy of the instruments or gauges in a vehicle cannot be confirmed.
Safety related devices (e.g. airbag or system restraints) cannot be tested as part of the Inspection, as they are designed to be used only once.
Vehicles with off road, high speed or other capabilities will only be subject to a road test within the limits of the road traffic laws and regulations applicable to the route.
The report that we prepare of the Inspection is strictly confidential and only for your use; it cannot be relied upon by or transferred to a third party. We consequently will have no liability to any third party for the contents of the report.
Payment for the Inspection must be made in full either by Debit Card or Credit Card at the time of booking the Inspection with us; we make an administration charge of 3% on Credit Card payments.
You agree that, save as provided for in these Terms, the payment for the Inspection is non-refundable.
If payment is not made on the due date or is subsequently cancelled or declined by your credit or debit card company we shall be entitled to charge you interest (both before and after any judgment) on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of 4% per annum above the Bank of England base lending rate.
You agree to pay for the Inspection irrespective of any dispute or claim you may have with or against any third party.
If you give us more than 24 hours notice of cancellation of your booking for the Inspection we will charge a cancellation fee of £35.00 and refund the balance of the price you have paid.
If you give less than 24 hours notice of cancellation of your booking for the Inspection we will charge a cancellation fee of £75.00 VAT and refund the balance of the price you have paid.
If you have any queries or complaints in relation to the arrangements for or the carrying out of the Inspection please contact us as soon as possible by telephoning us on 01423 326458. If we are unable to resolve the position with you at that stage and you wish to make a formal complaint then we will require you to set out full details of your complaint in writing.
If we need to do so, you will make all necessary arrangements to enable us to re-inspect the vehicle. You agree not to remove any parts from, or carry out any repairs to the vehicle prior to our re-inspection.
We will write to you with a report of our findings once we have concluded our investigations into your complaint.
We will only be responsible for any loss, damage or injury caused by our negligent act or omission or wilful misconduct.
Except in respect of injury or death of any person (for which no limit applies) our maximum aggregate liability to you shall not exceed our charge to you for carrying out the Inspection.
Under no circumstances shall we be liable to you for loss of profits or other indirect or consequential loss arising from negligence or breach of contract.
For the avoidance of doubt nothing in these Terms shall affect your statutory rights as a consumer.
We may terminate this Agreement if you commit a material breach of your obligations under this Agreement and/or these Terms and (where such breach is remediable) you fail to remedy that breach after being requested by us to do so.
This is not an action that we will take lightly, but we will be entitled to terminate this Agreement if you frustrate us from carrying out the Inspection or it becomes unsafe for us to carry out the Inspection.
We reserve the right not to carry out or continue with the Inspection and to terminate this Agreement if anyone behaves in a threatening or aggressive manner towards us or any of our personnel.
Upon such termination we will be entitled to the full price paid and you will not be entitled to any refund.
We shall not be liable for any delay in performing the Inspection under this Agreement if such delay is caused by circumstances beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of time for the performance of the Inspection. Sometimes we will be unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept any responsibility for what has occurred.
We reserve the right to modify these Terms. Any such modifications will only apply upon notification of those changes to you.
Neither our failure to exercise any power given to us under these Terms or to insist upon strict compliance by you with any obligation under them, shall constitute any waiver of any of our rights under them. Waiver by us of any particular default by you must be in writing and shall not affect or impair our rights in respect of any subsequent default of any kind by you, nor shall any delay by or omission by us to exercise any rights arising from any of your defaults affect or impair our rights in respect of the said default or any default of any kind.
This Agreement supersedes all prior agreements arrangements and understandings between you and us and constitutes the entire agreement between us. No variation of any provision of this Agreement shall be binding upon you or us unless agreed in writing between us.
Save as expressly provided in this Agreement neither you nor we shall assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other (such consent not to be unreasonably withheld or delayed);
We may enter into any sub-contract with any person for the provision of the Inspection and the performance of any part of our obligations under this Agreement. We shall not be relieved from any of our obligations to you under the Agreement by entering into any sub-contract for the provision of the Inspection or the performance of any part of this Agreement.
All notices which are required to be given hereunder shall be in writing and shall be sent to you at the address at which the Inspection are provided or to us at the address given above or such other address in England as we may each designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first class pre-paid letter or facsimile transmission or email and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by facsimile or email transmission on the day of dispatch.
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall (subject to deletion of the offending part) remain in full force and effect.
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors.
The information you provide is used to fulfill your specific request.
This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
Premier vehicle inspections does not store any financial information given to us.
This Agreement shall be governed by and shall be construed in accordance with the laws of England and Wales