Terms and Conditions for Servicing, Repairs and Supply of Parts

1. Definitions

1.1 “The Company” trading as DT Bus, referred to DiagTest Limited, PO Box 702, Durham, DH1 9QH

1.2 “The Buyer/Customer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company.

1.3 “The Conditions” refers to the terms and conditions of the Company’s operations, set out in this document and any special terms and conditions agreed in writing by a Director.

1.4 “The Price” refers to the total price documented between DiagTest and the Buyer/Customer.

1.5 “The Equipment” refers to all items and services ordered by the Buyer/Customer.

2. Conditions

2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer/Customer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer/Customer may purport to apply under any purchase order, confirmation of order, or similar document.

2.2 Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

3. The Price and Payment

3.1 The price of the service provided shall be at the hourly rate agreed. This price may vary, dependent upon any change in parts prices, or change in specialist charges, duties and taxes which may come into effect at the time the work is completed, and which is beyond the control of the Company.  In the event of changes beyond our control DiagTest will adjust the price accordingly. The price of the work carried out is exclusive of VAT. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.

3.2 Payment of the price and VAT shall be due at point of collection/delivery/completion of vehicle, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 30 days from date of invoice.

3.3 The prices quoted by DiagTest do not include travel to any site of the Buyer/Customer.  Any additions requested by the buyer shall be paid to DiagTest as if they were part of the price and all other provisions concerning the payment of the price shall apply accordingly.

4. Orders / Estimates / Deposits

4.1 Estimates are valid for a period of 14 days from the date given. If instructions are not received from the Buyer/Customer (in response to an estimate rendered) within 14 days, the Company may invoice for reasonable storage charges from the date that the vehicle was received until its collection. (Note: the company does not, generally make any such charge for garaging pending instructions if the repairs are ultimately carried out by the Company and duly paid for).

4.2 All estimates by the Company are subject to change caused by variations to the Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Buyer/Customer to pay on completion of the work any increase due to such variation.

4.3 If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability, any research and development costs or otherwise of any work and reassembly) and for materials and spare parts supplied.

4.4 The Company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.

Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.

4.5 Orders received, for Goods and/or Services, from any driver employed by the Buyer/Customer or by any person who is reasonably believed to be acting as the Customer’s agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be binding upon the Buyer/Customer.

4.6 The Company may demand a deposit before commencing any work. The Buyer/Customer shall co-operate with the Company in all matters relating to the Services.

5. Delivery / Completion

DiagTest will endeavour to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection.  The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work.  Completed vehicles must be collected within 8 working hours.  Vehicles may be parked outside and become fully responsible under the Buyer/Customer.  At this point, vehicles will be kept at the Buyer/Customers risk and therefore must be covered under their own insurance. DiagTest reserve the right to subcontract any work should this be deemed necessary.

5.1 Signatures will be requested at the end of each job, job in progress and/or for parts supplied. Signatures are taken as agreement of satisfactory work and these Terms and Conditions. It is the Buyer/Customer responsibility to ensure that anybody signing our paperwork is authorised to ds and is acting on behalf of the Buyer/Customer.

6. Payment

6.1 Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work unless a credit account has been opened. The goods and/or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Buyer/Customer in respect of such Goods and/or Services.

6.2 The Company shall have a general lien on all the Buyer/Customer’s vehicles and all their contents for all monies owing to the Company by the Buyer/Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.

6.3. If the Customer’s indebtedness to the Company is not satisfied within 30 days from the date of the first invoice to the Buyer/Customer, the Company may without notice sell any vehicle owned by the Buyer/Customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Buyer/Customer on demand.

7. Cancellation

If for any reasons the Buyer cancels any service (or portion thereof) a charge will be made by DiagTest to indemnify DiagTest against any losses and/or additional costs (administrative or otherwise) resulting there from.  This charge will normally be 10% of the price (minimum £100 but may be higher) in the event of the service being of a non-standard nature.

8. Credit Terms

Where Credit Terms have been extended to the Buyer/Customer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer/Customer exceeding the Credit Limit extended to the Buyer.

9. Late Payment

9.1 Interest on commercial debt shall accrue from the date of the invoice unless a written agreement is in place between the Company and Buyer/Customer giving an agreed payment period of 30 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.

9.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer/Customer shall become immediately payable and subject to clause 6.1 above.

9.3 The Company shall be entitled to recover from the Buyer/Customer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 6.2 above.

9.4 Without prejudice to any of the Company’s other rights, the Company may, if any sum is not paid, on or before its due date, suspend the service it provides to the Buyer/Customer. Any parts, or equipment, provided to the Buyer/Customer by the Company remain the property of the Company until all amounts owed are paid.

10. Title and Risk

Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer/Customer’s satisfaction despite delivery. Title of any parts fitted shall not pass from the Company to Buyer/Customer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the Buyer/Customer to the Company. Any warranty claims must be brought to the attention of DiagTest within 24 hours of failure and any warranty repairs/replacements authorised by DiagTest will be carried out at the original repair/supply address only. Warranty on parts will remain at the discretion of the manufacture. Warranty on labour remains with the affected part/item only. Diagtest cnnot be held responsible for further damage caused, breakdowns, loss of revenue or any other costs associated with warranty parts or labour.

11. Disputes procedure and Jurisdiction

Any and all contracts entered into between the Company and the Buyer/Customer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer/Customer shall be subject to the exclusive jurisdiction of the courts of England and Wales. If the Buyer/Customer is dissatisfied with any repair or service carried out by the Company, the Buyer/Customer should first contact the Company in order to try and resolve the matter. The Company has a complaints procedure in place. It also complies with the Data Protection Act.

12. Work authorisation

Any additional work will need to be authorised by the customer due to fact the vehicle being on site and the customer not, we will accept authorisation over the telephone.

All parts removed by the Company in the course of the repair shall, if not claimed by the Buyer/Customer within 24 hours after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.

13. Warranty

13.1 DiagTest will ensure that the buyer receives the benefit of all guarantees and warranties which have been given to DiagTest by the manufacturer or supplier. Any such warranty will be denoted by the manufacturer.

13.2 In cases where no guarantee or warranty is offered by the manufacturer or supplier, and in the event of any potential claim you should notify us immediately or within 90 days from the date of supply  whereupon the defect will be assessed.  DiagTest will replace or repair the equipment proved to be defective, provided that the equipment is removed at the buyer’s expense. Used parts will have no warranty implied or given.

13.3 DiagTest accepts no liability for any losses or damage at any form whatsoever suffered by the buyer as a result of defects in the equipment supplied.

13.4 Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.

13.5 Failure to adhere to maintenance instructions regarding the care, treatment of upkeep of the goods, or in failing to have service and preventative maintenance carried out as recommended by the company or manufacturer.

14. Damage Liability/Damage to vehicle

The Buyer/Customer is responsible for checking their vehicle for any damage before it leaves the Company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the Company.

15. Use of the Customer’s Vehicle

The Company and its employees are authorised to use the Buyer/Customer’s vehicle for all purposes in connection with the work outlined.  The company undertakes to take reasonable care of the vehicle so used, buyer should ensure vehicle is kept legal whilst with the company and to provide legally required insurance of the vehicle.

16. Bankruptcy/Insolvency

If the Buyer/Customer becomes bankrupt or insolvent or make any agreements with creditors or allow a receiver of their effects be appointed or being a corporate body enter into liquidation, the company shall have the right to terminate any agreement with the customer subject to these conditions and henceforth cease to have no further obligation under the contract.  In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.

17. Vehicle Storage

If, following the completion of services the Buyer/Customer’s vehicle(s) is left at the company’s premises then the company reserves the right to make a reasonable storage charge.  The Company will invoice £15.00 + VAT per day for the storage of any vehicle not collected and paid for within an agreed collection (usually 24 hours) time following completion of agreed work.

18. Payment for Special Order Parts

Payment for parts which are a special order for the Buyer/Customer must be paid for prior to work being carried out if the Buyer/Customer vehicle is not on site.

19. Data Protection

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.

The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).

Maintaining the security of your data and ensuring that you are in control of how your data is handled is a priority at DiagTest Limited We are dedicated to ensuring that we are transparent about the data that we collect about you, how we use it and the conditions whereby we may disclose your data to others. We will ensure that your data is kept secure and that you are aware of the steps we have taken to ensure the security of your private information.

DiagTest takes the security of your data very seriously and strictly adheres to guidelines published in the United Kingdom Data Protection Act 2018 and the General Data Protection Regulation 2016/679.

19.1 The Company shall hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers.  This information may be passed to other carefully selected third part organisations.  The company, or they, may contact the Buyer/Customer by email, telephone or letter to inform the Buyer/Customer of products/services which may be of interest to the Buyer/Customer.  If the Buyer/Customer does not want their information to be used in this way, then the customer should notify the company in writing.

19.2 All agreements between the company and the customer are personal to the customer.  The Buyer/Customer may not assign his rights or liabilities to any third party means.

19.3 To exercise the right to cancel, the Buyer/Customer must inform the company of their decision to cancel this agreement in writing by clear statement (e.g. a letter sent by post, fax or email).

20. Force Majeure

The company shall have no liability to the Buyer/Customer under the terms and conditions if is prevented from, or delaying performing or any part of its obligations  or from carrying on its business due to Acts of God, events omissions, or accidents beyond its reasonable control, including (without limitation) strikes, lockouts, or other industrial disputes, failure of a utility service or transport network, pandemic, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation, direction accident, breakdown of plant machinery, fire, flood storm or default of suppliers or subcontractors.

A copy of these Terms and Conditions is available at www.dtbus.co.uk[1]

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