1.1 “The Company” refers to Indigo-GT Performance Ltd T/A Indigo-GT Automotive
1.2 “The Customer” refers to the person, partnership, limited company, or other legal entity, who agrees to services and/or parts being provided by Indigo-GT Performance Ltd.
1.3 “The Conditions” refers to the terms and conditions of Indigo-GT Performance Ltd’s operations set out here and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this Company’s management team, acting for and on behalf of Indigo-GT Performance Ltd.
1.4 Save where the context forbids, the expression 'vehicle' wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.
2.1 These Conditions shall apply to all contracts for any workshop based service and related parts provided by the Company to the Customer to the exclusion of all other terms and conditions including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement by the Customer of any work to be carried out by the Company shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
2.3 No alteration or qualification of these Conditions shall be effective unless in writing and signed on behalf of the Company by a Director or a duly authorised officer of the Company. No other person has any authority to alter or qualify in any way these Conditions or to enter into any contract for work for any of the purposes set out on behalf of the Company otherwise than on such Conditions.
3. The Price and Payment
3.1 The price of the service and part(s) provided shall be the price agreed between the Company and the Customer at the time the Customer agrees to work being carried out. This price may vary dependent upon any change in part prices, additional labour being required or change in specialist charges which may come into effect at the time the work is completed and which is beyond the control of the Company. The price of the work carried out is inclusive of VAT unless otherwise stated, 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 immediately upon completion of work.
3.3 The Company may at its discretion require payment of a non-refundable deposit at the point at which the Customer makes a booking with the Company.
3.4 Any work carried out or parts supplied in relation to a vehicle by the order of any driver in the Customer's employ 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 paid for by the Customer.
4. Remedies for Late Payment & Lien
4.1 Interest on debt shall accrue from the date of the invoice unless a written agreement is in place between the Company and Customer giving an agreed payment period. 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 the Bank of England at the time payment of an invoice is due, interest will accrue until settlement is reached or until any Court Judgement is made.
4.2 In the event that an invoice is not paid on or before its due date, all sums due and owing to the Company from the Customer shall become immediately payable and subject to clause 5.1 above.
4.3 The Company shall be entitled to recover from the Customer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable.
4.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid on or before its due date, suspend the service it provides to the Customer. Any parts provided to the Customer by the Company remain the property of the Company until all amounts owed are paid.
4.5 The Company shall have a general lien on a vehicle and all its contents for all monies owing to the Company by the Customer on any account whatsoever, the Company shall be entitled to charge storage during any period in which the vehicle is retained by virtue of the lien.
4.6 If the Customer's indebtedness to the Company is not satisfied within three months from the first account rendered to the Customer, the Company may without notice, sell the vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the Customer to the Company and any balance shall be paid by the Company to the Customer on demand.
5. Title and Risk
5.1 Any work carried out by the Company at the request of the Customer will be at the Customer’s risk from the point of completion of work to the Customer’s satisfaction in spite of delivery. Title of any parts shall not pass from the Company to 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 Customer to the Company.
6. Disputes Procedure and Jurisdiction
6.1 Any and all contracts entered into between the Company and the Customer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Customer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Customer is dissatisfied with the service carried out by the Company, the Customer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place and complies with the Data Protection Act.
7.1 Estimates are valid for 14 days from render, where instructions are not received from the Customer in response to an estimate within 28 days from despatch, the Company may charge its storage rates from the date the vehicle was received until its collection. The Company does not as a general rule apply a storage charge pending instructions if the work is ultimately carried out by the Company and duly paid for.
7.2 All estimates by the Company are based on the current cost to the Company of labour, material and parts at the date of estimate, in the event of any variation occurring before or after acceptance the Company may, if it thinks fit, require the Customer to pay on completion of the work any increase due to such variation.
7.3 If no price is stated 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 or otherwise of any work and reassembly) and for materials and parts supplied.
7.4 If in the opinion of the Company it is impractical for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given thereof) and to carry out only such work as in the opinion of the Company may be practicable.
7.5 Variation of any kind in the estimate or the scope of the repair or the prices chargeable or otherwise howsoever shall be subject to all these conditions and so that any such variation shall not be deemed to constitute or create a new or separate contract and the original contract shall remain in force but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a 'deviation from the contact' nor shall any such act disentitle the Company to the benefit of any of these conditions.
8. Workshop Bookings & Repair Time Estimates
8.2 Repair time estimates are taken from Autodata where available or otherwise drawn from the professional experience of the Company and its employees.
8.3 Repair time estimates may be extended by the Company where additional work is required, the Company shall notify the Customer should such a situation arise.
8.4 Every endeavour will be made to complete work by the time desired but the Company shall not be liable for any delay howsoever occasioned, notwithstanding that a definite date for completion may be specified.
8.5 A cancellation fee of up to 30% of the retail price and VAT of any parts ordered shall be payable by the Customer in the event the Customer cancels their job booking.
9. Vehicle Collection
9.1 Where in any case a driver who so far as the Company is aware, has the authority to collect the vehicle, collects the same, the Company shall not be responsible for any loss or damage resulting on the grounds that such driver had in fact no such authority and this notwithstanding that delivery may have been made without payment of the Company's account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then or to have been at some time connected with the Customer.
9.2 The Company may, at the request of the Customer, arrange transport of their vehicle to and from the Company premises by utilising the services of a third party chosen entirely at the discretion of the Company.
9.3 The Company is not responsible for loss or damage to the Customer’s vehicle whatsoever and however occasioned during the transportation of said vehicle to and from the Company premises or the loading and unloading of the vehicle at the Company premises.
10. Vehicle Usage
10.1 In connection with any inspection, repair or contemplated repair or other purposes for which a vehicle is accepted by the Company, testing, taking the vehicle to a specialists, demonstrations, etc., the Customer is deemed, unless express written notice is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.
11. Vehicle Damage & Property Loss
11.1 Except in the case of consumer transactions the Company shall not be held responsible for loss or damage to vehicles whatsoever and however occasioned, except when such loss or damage is caused by the negligence or deliberate act of the Company or its employees. Under no circumstances will the Company accept liability for loss or damage outside its control or for any indirect or consequential loss or damage, except direct physical damage to persons or property.
11.2 The Company shall not be held responsible for any loss or damage to personal property left in the Customer’s vehicle whatsoever and however occasioned, the Company strongly advises that all personal property be removed from the vehicle prior to it being left at the Company premises.
12.1 The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied or any sub-contractor.
12.2 General work carried out by the Company is warranted against failure due to defective work for a period of six months or 6000 miles, whichever occurs first.
12.3 DCT470/450 gearbox rebuild work carried out by the Company is further warranted against failure due to defective work for a period of six months or 6,000 miles, whichever occurs first.
12.4 Engine rebuild work carried out by the Company is further warranted against failure due to defective work for a period of six months or 6,000 miles, whichever occurs first.
12.5 The Company shall only extend a warranty to repairs undertaken and does not cover progressive fault diagnosis, this does not affect the Customer’s statutory rights.
12.6 The Company shall not, under any circumstances and howsoever occasioned, accept the cost of transporting the Customer’s vehicle to and from the Company premises in relation to warranty repairs.
13. Specific Warranty Exclusions
13.1 The Company shall not warrant engine rebuild work where a failure, upon investigation is determined to have been caused by oil starvation, fuel starvation, improper fuel octane level, misuse or any other condition beyond the reasonable control of the Company.
13.2 The Company shall not warrant DCT470/450 rebuild work whereby the Customer’s vehicle is operating an other than stock ECU calibration that has been provided by a third party or where it is determined the gearbox has been filled on any occasion with transmission fluid otherwise approved by the Company or the vehicle manufacturer.
13.4 The Company shall not warrant DCT470/450 rebuild work against failure or consequential loss where the failure is determined to have been caused by a failure of the gearbox mechatronic unit.
13.5 The Company shall not warrant against failure or consequential loss any part(s) that is refitted to the Customer’s vehicle during the provision of any of its services.
13.6 The Company shall not warrant against failure or consequential loss any part(s), used or otherwise, that has been supplied to the Company by the Customer as per Condition 19.
14. Vehicle Storage
14.1 The storage fee is £20 + VAT per day (correct as of 05/09/2018).
14.2 The storage fee shall become payable by the Customer where their vehicle is not collected and their invoice settled in full within one working day following completion of work.
14.3 The Customer shall be liable to pay the Company a fee of £200 + VAT per day where their vehicle is immobilised on a vehicle lift resulting in said lift being unusable for the completion of other tasks where the cause of the immobilisation is due to factors beyond the reasonable control of the Company.
15. Abandoned Parts
15.1 All parts removed by the Company in the course of its work shall, if not claimed by the Customer within 7 days after the completion of work, be deemed to be wholly abandoned to the Company and thus, become the Compa