1. The meaning of some words used in these terms and conditions
|'we', 'us' or 'our'
||is a reference to Barkaways Limited;
||means any materials, goods, parts, consumables or items we need to buy necessarily in order to perform the Services;
|'you' or 'your'
||is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
||The motor vehicle restoration and repair services we will be providing to you as briefly described in the estimate or as we and you agree from time to time.
2. Entering into a legally binding contract
A legally binding contract between you and us will come into being in one of two ways either when you sign the estimate or otherwise confirm to us we should provide the Services or when you and we agree orally that we should provide the Services. In the latter case there will be a legally binding contract on the date of our oral agreement and you will be deemed to have accepted these terms.
3. Providing the Services
a. Once we and you have entered into a legally binding contract we will normally start providing the Services to you using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
b. Our aim is to always provide you with the Services using reasonable care and skill, in compliance with commonly accepted practices and standards in the motor vehicle restoration and repair industry and in compliance with the laws and regulations of England and Wales in force at the time we are carry out the Services.
At the time we perform the Services we may not have all the materials we need to perform the Services. In such cases we may need to purchase materials. We may require money on account of materials before we purchase them. Parts warranty is dependent on the supplier/manufacturer of the parts.
a. We aim to carry out the Services by the dates and times we either agree with you or notify to you. We cannot guarantee or provide a firm commitment that we will start performing the Services by a specified date or time or that we will complete the performance of all the Services by any specified date or time or that the performance of any individual part of the Services will be completed by a specified date or time.
b. In addition, there are certain situations or events which occur which are not within our reasonable control. Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
6. Price, estimates and payment
a. We normally charge for our Services on a time basis. We charge for each hour we spend in providing our Services.
b. If we provide an estimate, it will be valid for a period of 28 days from the date they are given. If we provide an estimate we may need to charge you a higher amount than stated in the estimate.
c. Payment for our Services and the Materials is normally made in two ways, either at the time we finish performing the Services or in a number of staged payments. You will be informed as to which option we will use.
d. All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
e. If you fail to make payment by the date or time we and you agree we may charge you interest (at HSBC’s base interest rate plus 3%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of our invoice or when we asked you first to pay them; and/or if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
f. You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
g. We have a general and particular lien over all materials for all claims and money owing by you to us under any contract whatsoever and in any other way whatsoever. Until all monies due to us have been paid in fully and during the currency of the lien, we will be entitled to be paid storage charges at a reasonable rate.
h. If the vehicle is not collected upon completion, we have the right to charge storage at a reasonable rate.
7. Exclusion and limitation of liability
We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
8. Communicating with us
You can always telephone (our contact number is 01622 872100). However, for important matters we suggest that you use writing and send any communications by post to Barkaways, Unit 6, Arnold Business Park, Branbridges Road, East Peckham, Tonbridge, Kent TN12 5LG.
9. Cancellation by you
Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract. If we agree to cancel then you will be responsible for the cost of any of our time in performing the Services up to the date we stop providing the Services and/or any materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled).
10. Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where we need to do so in order to comply with changes in the law or for regulatory reasons or we are changing the rates we charge for the provision of Services as provided for in clause 6 or we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract. Where we are making any amendment we will give you 30 days' prior notice (unless the contract is terminated before that period). Any variation agreed between you and us in work to be done shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
11. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
12. Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.