Standard Conditions of Trade and Copyright.
Standard conditions of trade under which all work request orders or supply to orders are accepted by the person, firm or company wishing to enter into contract either written or verbally with The Bodyshop. In these conditions “Customer” means any person,firm or company that wishes to enter into a supply contract/licence (not exhaustive) or request contract with The Bodyshop, herein called the Repairer.
The trading name of this website is F.Kauter t/a The Bodyshop.
1. Acceptance of Contract and Limitations
(a) The estimate made by the Repairer shall not constitute an offer by the Repairer.The contract shall be formed when the Repairer accepts an order from the customer to proceed with the work whether in writing or orally and shall consist of the attached estimate and any other supplementary estimate and these conditions of trade. A supplementary estimate will be submitted to the Customer where the increase in the price of the work is 10% or more. Such work shall not be undertaken nor parts and materials used without the prior approval of the Customer.
(b) Electrical system and components.
Due to the complexities of today’s vehicle electrical systems and components, responsibility will not be accepted under any circumstances for error codes, malfunctions or related electrical problems manifesting during and after work has commenced.”Misting” of headlights on the Bentley Continental is a well documented manufacturing problem and is not covered by our warranty. In the event of any component failure it is the customers responsibility the return the vehicle onsite for inspection and if required, rectification or replacement.
(c) The repairer reserves the right to take images of vehicles on site for purposes of commercial use and/or marketing without prior consent. Objections are required to be made before commencement of repairs in writing. All images taken are protected by copyright law and cannot be copied, downloaded nor altered in any way without the prior written consent of the Repairer. Customers are also advised that it is strictly forbidden to take images of vehicles, staff or premises without prior written consent.
Completion dates are given in good faith by the Repairer. In the event of a delay the Repairer will inform the Customer that the completion date cannot be met and give reasons for delay. The Repairer cannot be held responsible for any charges incurred by the Customer due to any such delay nor bear responsibility for replacement vehicles or hire charges. The Repairer cannot accept any responsibilities for vehicles left on the premises 24 hours after notification of completion.
A collection and delivery service is available by prior arrangement and may be subject to a fee. It is the responsibility of the owner to ensure that the vehicle contains sufficient fuel to enable the service to be completed. In the instance that fuel has to be supplied by the repairer a receipt will be added to the final invoice for reimbursement.
The repairer shall obtain the Customers permission to repair or fit repaired units where new parts contained in the estimate are unavailable unobtainable within a reasonable time and shall not execute the work until such permission is given.
4. Exchange Units
In the event of a new or factory reconditioned unit being fitted a used unit surcharge may be made pending examination and acceptance of the used unit as being fit for reconditioning within the exchange scheme. On receipt of the manufacturer’s credit note in respect of the used unit, any surcharge made on the customer will be cancelled less any costs incurred.
Whilst every effort will be made to locate and deal with areas of corrosion,the Repairer cannot guarantee that corrosion present within the metal,but which is not obvious.will not become evident during the usual warranty period and thus affect the exterior finish of the vehicle.
6. Disposal of Uncollected Goods
(a) Vehicles. The Repairer shall as soon as reasonably practical after the performance of the work give the Customer notice that the vehicle is ready for collection. If the Customer shall fail to remove the vehicle from the Repairers premises within three months of such notice the Repairer shall be entitled to dispose of the same in the manner permitted by the Torts(interference with goods) act 1977 or any statuary modifications or re-enactments thereof from time to time. During such period the Repairer shall reserve the right to levy a daily storage charge not exceeding that of government and or civil agencies and same storage charges be made in addition to original estimate and costs.
(b) Personal effects and Parts. Customers personal items and/or remaining parts will be kept for up to fourteen days after which time they will be disposed of. No responsibility for loss or damage will be accepted after such time.
7. Guarantee-Bodywork Repair Only
The Repairer hereby guarantees to exchange or repair any defective part which needs replacement or repair by reason of defective material or workmanship during repair. This guarantee shall continue six months or six thousand miles use whichever sooner from the date repairs were executed.This period shall be extended to compensate for any prolonged period that the vehicle is off the road for rectification of faults or further work which is required as a result of previous workmanship undertaken by the Repairer being defective. The guarantee applies only to the work carried out by the Repairer and detailed in the original specification for repair. The guarantee is not transferable. Customer expenses are not accepted unless first agreed to in writing by the repairer. This does not affect your rights under The Sale and Supply of Goods to Consumers Regulations 2002, and The Supply of Goods and Services Act 1982, that the work in particular will be carried out with reasonable skill and care. Please note that unless otherwise stated as genuine, all parts included in package prices are Non O.E. and the customer / purchaser accepts any limitations in the use of this product.
Limitations: No claim will be met under the guarantee if the vehicle has been
(a) been used for competitions,racing or record attempts or otherwise other than private or commercial use of the owner, or others users with his permission.
(b) abused in any way or damaged by rust,wear and tear,neglect,improper use or failure to maintain in accordance with the manufacturer recommendations.
(c) Damaged in any subsequent accident.
(d) All supplied electrical components and fitting carry a six month guarantee unless otherwise stated.
(e)Parts not supplied direct by the Repairer shall be considered outside of any warranty or guarantee, and burden shall not be imposed upon the Repairer to maintain workmanship levels should non-O.E. or used parts be supplied.
8. Force Majeure
The Repairer shall not be liable in the event on non-fulfilment of a contract owing to an Act of God,war,disease,strike,lockouts,fire or any accident or incident of any nature whatsoever, beyond the control of the Company. All valuables are required to be be removed and are the responsibility of the owner. The Repairer does not accept any responsibility for vehicles left on the premises 24 hours after notification of c0mpletion of repairs, unless by prior written agreement.
(a) Where no other terms of payment have been specifically agreed in writing, the Repairers terms of payment are net cash. Payment in full to be made upon delivery or collection of the vehicle to the Customer. No discount or allowances will be made unless specifically stated and agreed by the Repairer in writing. For business customers only.
“We reserve the right to claim statutory interest at 8% above the Bank of England base rate at the date the debt becomes overdue,in accordance with the Late Payment of Commercial Debts (interest) Act 1998.”
(b) The Repairer shall have first and paramount lien on the vehicle and on the work for all monies due to it from the Customer.
(c) Vat to be charged at the rate applicable at the time of completion of the work.
(d) In the event of the work being done to the vehicle involved in an insurance claim, the Customer will, at the Repairers request,sign any documentation required by the insurer to authorise payment to the Repairer for work.
(e) All parts remain the sole property of the repairer until fully paid for.
(f) In the event of repairs being authorised by an Insurance Company, Accident Management Company or Legal Advisers, the owner is responsible for full payment in the event of liquidation bankruptcy or dispute to the above.
10. Outside Supply Contracts.
a) All legal notifications or unsolicited contractual communications shall be delivered either in person or by registered means.Electronic mail is not an accepted method of communication nor deemed served unless by prior written arrangement.
(b) Unsolicited contractual communications of any kind shall not constitute an acceptance nor recognised by the Company unless first signed and agreed.
(c) We reserve the right to charge administration fee’s for legal consultation and interpretation costs prior to application and/or enforced issuing of government licence’s,compliance forms, documentation and notices.Issuing agents will be required to provide written acknowledgement and acceptance of aforementioned administration fee’s prior to licence’s, documentation, compliance forms and notices being issued.
(d) The company premises are privately owned and not a public property and as such cannot be held responsible for licences and or notices that apply to the public in general. In accordance to health and safety guidelines the workshop areas are dedicated work zones and off limits to the general public.
All images taken are protected by copyright law and cannot be copied, downloaded nor altered in any way without the prior written consent of the Company. Images of vehicles on site may be only be taken with the express permission of the company. We reserve the right to confiscate equipment in the event of the aforementioned being ignored.