- These Terms and Conditions apply to any contract for goods or services between you, the customer, and us, E&J Jarvis.
- Your contract is with E&J Jarvis Limited, Company Number 00775320 which is registered in England and Wales at 66 Onslow Road, Bevois Valley, Southampton, SO14 0JN, referred to as E&J Jarvis, we, us or ours.
- Some of these Terms and Conditions will only apply if you are a consumer customer. This means that you are acting outside your business, trade, craft or profession when dealing with us. If you are not acting as a consumer customer then those clauses will not apply to you.
- We will provide a Quotation for goods (such as motor vehicle sales) or services (such as repair or MOT services) to you.
- All Quotations are estimates only, made in good faith and based on the information available to us at the time and may be subject to revision on further inspection of your vehicle or where the cost of parts has increased. We will always advise you in advance if the costs for the goods or services changes before carrying out the relevant work.
- Quotations are valid for 28 days from the date given.
- All time scales for completion of the works are estimates only and time shall not be of the essence with completion of any services.
- If you accept our Quotation this will not form a contract between you and E&J Jarvis. A contract will only be formed where we accept your order and confirm this to you, either verbally or in writing.
Fees and payment
- The fees payable to E&J Jarvis for the goods or services will be included in the Quotation unless E&J Jarvis accepts a negotiated price for a vehicle.
- Payments for motor vehicles are due in full prior to collection of the vehicle.
- Payment for all services (including valeting, repairs, servicing MOTs) is due on completion of the services. The services are complete at the time we notify you that the vehicle is ready for collection.
- We accept payment by Credit/Debit Card, Cheque, Bank Transfer and Cash.
- Any queries in relation to an invoice or charge for our services must be raised within 14 days of receipt of the invoice.
- We are entitled to retain possession of the vehicle until you have made full payment for the goods and services and all parts fitted by E&J Jarvis shall remain our property until payment has been made in full.
- If you do not make payment within 3 months of us notifying you that the vehicle is ready for collection then we may, without notice to you, sell the vehicle and its contents. We shall be entitled to use the net proceeds of the sale to cover the amount owed by you to E&J Jarvis for the services and shall then make payment to you of the balance on demand from you.
- If your vehicle has been left at our premises in order for us to provide a Quotation, should you fail to either accept the Quotation or collect the vehicle within 28 days of the date of the quotation then we shall be entitled to invoice you for reasonable storage costs from the date the vehicle was received until the date it is collected. If you fail to collect the vehicle from us within 3 months of the date it was left with us then we may, without notice to you, sell the vehicle and its contents. We shall be entitled to use the net proceeds of the sale to cover the amount owed by you to E&J Jarvis for storage of the vehicle and shall then make payment to you of the balance on demand from you.
- If you do not collect any parts repaired in the course of the services within 14 days of completion then such parts will automatically become the property of E&J Jarvis.
Warranties and guarantees
- All warranties and guarantees provided by E&J Jarvis are exclusive and may not be transferred to any other person or subsequent owner of the vehicle.
- All car sales are subject to a 3-month warranty for parts and labour.
- We offer a 12-month warranty on all parts supplied and defective workmanship for services provided.
- The above warranties are subject to the following conditions:
- The warranty only applies to the services performed and parts replaced.
- You must notify us promptly as soon as you become aware of a possible defect or issue. The warranty does not cover damage resulting from continued used of the vehicle once a defect has, or should have been notified, to us.
- Unless agreed otherwise, it shall be your responsibility to return the vehicle to our premises in order for us to perform a warranty inspection and carry out any works under the warranty.
- The warranty does not apply where issues are caused by external factors not related to the services carried out or parts replaced (e.g. failure of a different part, collision or misuse).
- The warranty does not apply to issues caused by parts not replaced or serviced or faults unconnected with the services carried out.
- Defects or failures arising from wear and tear such as excessive clutch wear due to aggressive or poor driving style.
- Defects or failures arising from excessive mileage. This is defined as more than 1300 miles per month.
- Defects or failures arising from vehicle modifications such as engine mapping.
- Where parts are replaced under warranty the warranty period shall not be extended.
- Where the manufacturer of parts supplied, or fitted offers a manufacturers warranty then you will have the benefit of that warranty.
Cancellation rights: consumer customers only
- You have the right to cancel your contract at any time before work has begun on your vehicle, or within 14 days of booking – whichever is further away. You do not have to give any reason for the cancellation.
- This right of cancellation does not apply in the following circumstances:
- Where we are providing an emergency repair service (e.g. call out, replacement of flat tyre)
- Where bespoke or custom parts are required to fulfil your order (e.g. colour matched bodywork)
- To cancel the contract, you can:
- Use the cancellation form at the bottom of these terms
- Call us on 023 8022 9297
- Email us at email@example.com
- We recommend that you retain proof of cancellation.
- If you cancel the contract before work has been carried out then no payment will be required.
- If you cancel the work after we have began work on the vehicle then we will be entitled to charge you for our labour costs incurred up to the time notice of cancellation was received and the cost of any parts which have been fitted and which we are unable to return. These costs will be payable prior to return of the vehicle and the Fees and payment terms above shall apply.
- If we have ordered parts that we need to return then we are entitled to charge you for the cost of returning the parts.
- There is no right for the customer to cancel this contract other than the consumer customer rights to cancellation set out above.
- We may cancel the contract where:
- For reasons outside our control, we are unable to complete the services (for example unavailability of necessary parts or loss of power or other services at our premises)
- We have reasonable belief that you will not be able to pay for the vehicle or services
- If you have any complaint about our services then please raise this with a member of our staff and we will try to resolve it.
- If you are not happy with the response then you may submit a complaint which we will investigate and respond to in writing. Please ask to speak to Ian Jarvis. Written complaints should be sent in to:
E&J Jarvis Limited
66 Onslow Road
- To appeal against an MOT Test result then you must complete and submit a Complaint Form to DVSA, this can be obtained here: https://www.gov.uk/government/publications/complain-about-an-mot
- For complaints relating to car sales, through our membership of the Retail Motor Industry Federation you can access the National Conciliation Service. More information can be found here: http://www.rmif.co.uk/consumers/why-use-an-rmi-member/
- For complaints relating to car servicing or repair, through our membership of the Retail Motor Industry Federation we abide by the Trust My Garage Code of Practice for Service and Repair, this means that:
- If you are not satisfied with the outcome of your initial complaint, you may contact RMISC, the code sponsor directly:
- by telephone on 0845 305 4237; or
- in writing to Retail Motor Industry Standards & Certification, 2-3 Allerton Rd, Rugby, CV23 0PA
- If you are not satisfied with the outcome of the previous stage you may contacting The National Conciliation Service for Alternative Dispute Resolution (ADR). The National Conciliation Service can be contacted:
- by telephone on 01788 538317; or
- in writing to The National Conciliation Service, Retail Motor Industry Federation , 2-3 Allerton Rd, Rugby, CV23 0PA.
- More information can be found here: http://www.rmif.co.uk/consumers/why-use-an-rmi-member/
- If you are not satisfied with the outcome of your initial complaint, you may contact RMISC, the code sponsor directly:
- We will use the personal data supplied to us by you in order to provide the services and goods to you and as is necessary for the performance of the contract between E & J Jarvis and you.
- We shall not use the personal data for any other purpose except with your express consent unless we are required to do so by law, or in pursuance of our legitimate interests.
- You may request that we supply you with a copy of the personal data which we hold on file.
Liability and indemnity
- Nothing in these terms and conditions shall exclude or limit E&J Jarvis’ liability for personal injury, death or fraudulent misrepresentation.
- The extent of our liability to you under the Contract shall be limited to any direct loss suffered by you as result of our negligent performance of the services or supply of goods and only where you notify us as soon as reasonable of any negligent act or defect, and no later than 30 days of the date when you should have become aware of the negligent act, omission or defect.
- You shall be liable to us for any direct loss suffered by us as result of your negligence or failure to perform your obligations under this contract. We will notify you as soon as reasonable of any negligence or breach, and no later than 30 days of the date when we should have become aware of the negligence or breach.
- We shall not be liable for any indirect or consequential loss including loss of profit or loss of opportunity.
- Time shall not be of the essence in relation to performance of the services and E&J Jarvis shall not be liable for any losses incurred by you as a result of a failure to perform the services within the indicated time frames.
- All items of value should be removed from your vehicle prior to leaving the vehicle in our care. We will not be liable for the loss or damage of any items left in your vehicle except where we have failed to take reasonable care and precautions.
- We shall not be liable for any loss or damage where we had reasonable belief that a driver has the authority to collect or use your vehicle where in fact they had no such authority. We are not obliged to confirm the authority of a driver to use or collect your vehicle.
- We shall not be liable for any loss suffered by you as a result of events outside of our control including, but not limited to, strike action, failures by third party suppliers, natural disasters, acts of god, acts of war or terrorism or failure of transport, power or communication infrastructure.
- We may assign our rights and obligations under this contract to a third party without your consent.
- Nothing in the preceding sub-clause shall however prevent you from enforcing its rights under this contract against us.
- You may not assign your rights or obligations under this contract to a third party except with our written consent.
- If any provision or provisions of this contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this contract shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
- All notices and other communications provided for in this contract shall be in writing and shall be delivered by post, email or hand to the other party.
- Notice served on the last known address of a party shall be considered good notice.
- This contract constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
Third party rights
- Nothing in this contract is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
- This contract shall be determined in accordance with English Law and the Courts of England shall have sole jurisdiction.