Diamond Motors: General Terms, Conditions & Other Small Print
Completion of Work and Payment
1. General and Definitions
1.1 These terms (the “Terms”) are the only terms on which Diamond Motors by whom this form
is used (the “Company”) contracts with the customer as named overleaf (the “Customer”) and they
shall govern the contract to the exclusion of any other terms and conditions.
1.2 “Goods” means all goods, parts or other things to be sold by the Company to the Customer
whether or not supplied in conjunction with Work.
1.3 “Work” means any work to be done by the Company whether by the way of repairs, servicing,
fitting or otherwise.
1.4 The Customers 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.
1.5 Any typographical, clerical, or other error or omission in any estimate, order acceptance, invoice
or other document issued by the Company shall be subject to correction without liability on the part
or the Company.
2. Estimates and Prices
2.1 An estimate is a considered approximation of the likely cost involved and is valid for 14 days
from its despatch by the Company to the Customer. If the Customer or his agent deposits a vehicle
with the Company for an estimate, a storage charge based on the Company’s current rates will be
made to the Customer from the 15th day after the despatch of the estimate by the Company unless it
is accepted by the Customer within 14 days of such despatch or the vehicle is removed by the
Customer from the premises within that period.
2.2 Prices of Goods are those current at the time of the estimate and the Company reserves the right
to increase such prices if the price to the Company is increased between preparing the estimate and
obtaining the Goods.
2.3 Unless otherwise agreed in writing, if it appears during progress of any Work that the estimate
will be exceeded by a significant amount the Company will not continue the Work without further
express permission (written) from the Customer.
2.4 All prices are inclusive of any applicable Value Added Tax.
3. Uncompleted Works
3.1 If for any reason Work requested by the Customer is not carried out in full the Company will
charge reasonable amount for any Work actually done and the then current price of any Goods
supplied or fitted.
4. Variations
4.1 Any variation agreed between the Company and the Customer in Work to be done or Goods to
be supplied shall be deemed to be an amendment to this contract and shall not constitute a new
contract.
4.2 No order which has been accepted by the Company may be cancelled by the Customer, except
with the agreement of the Company and on terms that the Customer 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.
5. Time
5.1 The Company will use its best efforts to do Work or supply Goods within any time period
notified to the Customer but time shall not be of the essence and the Company will not be liable for
delays.
6. Completion of Work and Payment
6.1 All Goods shall be paid for upon delivery or in accordance with any credit terms agreed in
advance.
6.2 Work shall be deemed complete when the Customer is so advised by the Company. The
Customer will pay the Company for all Work done and Goods supplied as well as any storage
charges before any vehicle may be removed from the Company’s premises.
6.3 If a vehicle is not collected by the Customer within 7 days of the Customer being advised that
Work is complete the Company will charge for storage of the vehicle at its current rates. The
Company may sell the vehicle if the Customer fails to pay any monies due to the Company and
collect the vehicle within 3 months of being notified that the Work has been completed and of the
Company’s intention to proceed to sell it. Upon any such sale the Company shall pay the balance of
the proceeds of the sale to the Customer after deducting all monies due to the Company (whether
arising for the latest or an earlier bailment) and all costs of sale.
6.4 Interest at the rate of 3 per cent over NatWest plc rate from time to time (both before
and after judgment) will be charged from the due date until payment.
6.5 Please note that all credit/debit cards are acceptable at Diamond Motors, with the exception
of American Express (AMEX).
7. Retention of Title and Risk
7.1 Goods supplied by the Company shall be at the Customers risk immediately on delivery to the
Customer or into custody on the Customers behalf and the Customer should therefore be insured.
7.2 Property in the Goods supplied hereunder will pass to the Customer when those goods and all
other Goods subject to any other contract between the Company and the Customer which at the
time of payment of the full price of the Goods sold have been delivered to the Customer but not
paid in full, have been paid for in full.
7.3 Until full payment has been received by the Company the Customer shall hold the goods
supplied hereunder in a fiduciary capacity 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.
7.4 The Customer’s right to possession of the Goods supplied hereunder shall cease if, not being a
Company he does anything or fails to do anything which would entitle any person to present a
petition if on bankruptcy on being a Company, it does anything or fails to do anything which would
entitle an administrator or administrative receiver to take possession of any assets or would entitle
any person to present a petition for winding up.
7.5 The Customer grants the Company an irrevocable license to enter at any time 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.
7.6 If any provision of this clause 7 or any part thereof is held by any Court or other competent
authority to be void or unenforceable in whole or part, this clause 7 shall continue to be valid as to
the other provisions thereof and the remainder of the affected provision.
8. Delivery
8.1 Unless otherwise agreed in writing delivery of Goods shall be ex the Company’s premises.
9. Loss, Damage and Liability
9.1 The Company is only responsible for loss of or damage to any vehicle or its accessories or
contents caused by the negligence of the Company or its employees. Except in respect of death or
personal injury, the liability of the Company to the Customer for any direct loss, damage, cost or
expense shall be limited to £1,000,000 in respect of any one event or series of connected events.
The Customer is strongly advised to remove any items of value not related to the vehicle and in
respect of any loss or damage not the responsibility of the Company must rely upon his own
insurance.
9.2 Except in respect of death or personal injury caused by the Company’s negligence, the Company
shall not be liable to the Customer by reason of any representation or any implied warranty,
condition or other term or any duty at common law, or under there Terms for any consequential loss
or damage (whether for loss of profits or otherwise), costs or expenses whatsoever (and whether
caused by the negligence of the Company, its employees, agents or otherwise) arising out of or in
connection with the supply of Goods or the provision of the Works or their use or re-sale by the
Customer except as expressly stated in these Terms.
9.3 The Company shall not be liable to the Customer or be deemed to be in breach of contract by
reason of any delay in performing or any failure to perform any of its obligations, if the delay or
failure is due to any cause beyond the Company’s reasonable control.
10. Replaced Parts
10.1 All parts replaced during any Work done, except those to be returned under warranty or service
exchange arrangements, will be retained by the Company until the vehicle is collected. If the
Customer does not specifically ask to have such replaced parts when collecting the vehicle, then
they will become the property of the Company to dispose of as it deems fit.
11. Returned Goods
11.1 Goods will be accepted back for credit provided that the Customer returns the Goods ( in the
same condition as when supplied) within 5 working days of delivery, the Customer pays the
Company’s current handling charges for returned Goods and the Goods were not specifically
ordered by the Customer.
11.2 Save as above Goods will not be accepted back by the company.
12. Subcontractors
12.1 The Company shall be entitled to carry out its obligations under this contract by subcontractors
but shall be responsible for the quality of their work.
13. Health and Safety
13.1 The instructions for use, cautionary notices and other technical notices and information as
supplied to the Customer with the Goods must be observed.
14. Notices and General
14.1 All written notices given by the Company to the Customer shall take effect 24 hours after
being despatched in the normal course of post to the Customers address shown overleaf, or
immediately upon delivery by hand.
14.2 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.14.3 This contract shall be governed by the laws of England.
15. Warranty
15.1 The Company warrants that all genuine parts will be free of defects in material or
workmanship for 12 months from sale by the Company. In respect of any other parts fitted or other
Goods, the Company assigns to the Customer the benefits of the applicable manufacturers warranty.
The Company warrants its work free of defects in workmanship for a period of 3 months or 3,000
miles, whichever occurs sooner, from the date of completion of the work. No warranty is present or
implied for the specific performance of a product. No guarantee for the achieved performance of
any product is provided. By purchasing any performance enhancing product the Customer adheres
to the terms detailed above.
15.2 The warranties in 15.1 above are in addition to any other remedies the Customer may have
under the Contract.
15.3 No warranty will apply if and to the extent that a defect is caused or worsened by one or more
of the following, namely a failure to inform the Company of the defect or to have it examined by
the Company and a failure to give the Company the opportunity to remedy it;
if the Goods have been subjected to misuse, negligence or accident or used in a vehicle for racing,
rallying or similar sports; the installation of a parts into Goods, the use of which has not been
approved by Diamond Motors or the alteration of Goods in a manner not approved by Diamond Motors; non-adherence to instructions concerning the treatment, maintenance and care of
the Goods or a failure to have the relevant vehicle serviced in accordance with Diamond Motors
recommendations or the repair or maintenance of the Goods by a person other than Diamond Motors or a person authorised by Diamond Motors.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER