Clarks Garage and Car Sales – Terms & Conditions of Business (Garage Services)

These Terms & Conditions apply to all work carried out by Clarks Garage and Car Sales (“we”, “us”, “our”).

1. Definitions

• Customer:      Any person or business requesting work from us.
• Consumer:      A private individual acting outside of business.
• Business      Customer: A person or organisation acting in the course of business.
• Vehicle:      Any vehicle left with us for inspection, repair, servicing, MOT, sale, or storage.

2. Estimates and Prices

• All estimates are given in good faith and are estimates only, unless clearly stated as a fixed price.
• Prices may change if additional work is required or parts prices increase.
• VAT is charged at the applicable rate where required.

3. Authorisation of Work

• By signing a job card, accepting a quote, or instructing us to proceed, you authorise Clarks Garage and Car Sales to carry out the work.
• If additional work becomes necessary, we will make reasonable efforts to contact you for approval.
• If  we are unable to contact you and the work is required for safety or roadworthiness, we reserve the right to proceed.

4. Completion, Collection, Payment, Storage and Late Payment

• Vehicles must be collected promptly once work has been completed. You will be notified when your vehicle is ready for collection.
• Payment  is due immediately on completion of work, unless otherwise agreed in writing.
• A  grace period of 7 days is allowed before payment is treated as late, unless otherwise agreed in writing.
• Vehicles will not be released until full payment has been received, unless otherwise agreed in writing.
• Vehicles  left on our premises after notification that work is complete may be subject to storage charges of £25 per day, starting 48 hours after notification, unless otherwise agreed in writing.
• Vehicles  left unpaid or uncollected for an extended period may be disposed of in accordance with applicable law to recover outstanding sums, including repair, storage, and recovery costs.

Late Payment – Business Customers

• Where  payment has not been received within 7 days of completion of work, it shall be treated as late.
• We reserve the right to charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, calculated daily from the due date until payment is made in full.
• We may also charge statutory fixed compensation for debt recovery:
  • £40  for debts up to £999.99
  • £70  for debts between £1,000 and £9,999.99
  • £100  for debts of £10,000 or more
• These charges are in addition to the outstanding balance.

Late Payment – Consumers

• Where payment has not been received within 7 days of completion of work, it shall be treated as late.
• We reserve the right to charge interest at 4% above the Bank of England base rate, calculated daily from the due date until payment is made in full.
• We may also recover reasonable costs incurred in pursuing unpaid amounts, where permitted by law.

5. Parts

• New, used, reconditioned, or aftermarket parts may be used unless otherwise agreed.
• Any parts replaced during work will be retained by us unless you request them at the time of authorisation.
• All parts supplied remain the property of Clarks Garage and Car Sales until payment has been made in full.

6. Warranty

• Parts and labour are warranted in line with manufacturer or supplier terms.
• Warranty does not cover:
  • Fair wear and tear
  • Misuse,  neglect, or continued use with a known defect
  • Customer-supplied parts (unless required by law)

7. MOT Testing

• MOT tests are carried out in accordance with DVSA regulations.
• A failed MOT does not guarantee that all faults have been identified.
• We are not responsible for faults that become apparent after testing.
• We do not carry out our own MOT's

8. Customer-Supplied Parts

• We accept no responsibility for the quality, suitability, or longevity of customer-supplied parts.
• Labour charges for fitting customer-supplied parts are non-refundable.

9. Liability

• We will take reasonable care of your vehicle while it is in our possession.
• We are not liable for loss or damage caused by circumstances beyond our reasonable control.
• Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under UK law.

10. Test Drives

• We may carry out test drives where necessary.
• Vehicles must be roadworthy and insured for this purpose unless otherwise agreed.

11. Complaints

• Any complaints must be raised as soon as reasonably possible to allow us the opportunity to resolve them.
• We aim to deal with complaints fairly and promptly.

12. Data Protection

• Customer data is handled in accordance with UK data protection legislation.
• We will not share personal data with third parties unless required by law or necessary to provide our services.

13. Governing Law

• These Terms & Conditions are governed by the laws of England and Wales.
• Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.