1.1 “The Company” refers to Indigo-GT Performance Ltd.
1.2 “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services 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 in this document 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.
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer 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 Indigo-GT Performance Ltd 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 and where applicable parts provided shall be the price agreed between the Company and the Buyer at the time the Buyer agrees to work being carried out. This price may vary dependent upon any change in parts 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 at point of collection/delivery of the vehicle following completion of work unless otherwise agreed in writing with the Company.
3.3 The Company may at its discretion require payment of a non-refundable deposit at the point at which the Buyer makes a booking with the Company to have work completed or parts supplied.
4. Credit Terms
4.1 Where Credit Terms have been extended to the Buyer 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 exceeding the Credit Limit extended to the Buyer.
5. Remedies for Late Payment
5.1 Interest on debt shall accrue from the date of the invoice unless a written agreement is in place between the Company and Buyer 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.
5.2 In the event that any invoice is not paid on or before its due date, all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 5.1 above.
5.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 5.2 above.
5.4 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 Buyer. Any parts or equipment provided to the Buyer by the Company remain the property of Indigo-GT Performance Ltd until all amounts owed are paid.
6. Title and Risk
6.1 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’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer 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 to the Company.
7. Buyer’s Warranties
7.1 The Buyer hereby warrants that he is not an undischarged bankrupt and has not committed any act of bankruptcy or being a company with either limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver or to petition for the winding up of the company or exercise any other rights over or against the company’s assets.
8. Disputes procedure and Jurisdiction
8.1 Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with 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.
9.1 The parts and labour itemised on the invoice, are guaranteed free from defect for 12 months or 10,000 miles (whichever comes first) from the date of invoice, unless detailed otherwise, with the exclusion of damage arising from customer/third party interference, routine wear and tear, negligence, abuse and accidental damage. This applies to new parts provided by the Company only (exceptions apply, in particular SST Gearbox Rebuilds and Forged Engine Builds).
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. The Company shall not be liable for any transport costs associated in the recovery of the Buyers vehicle or the transport of the Buyers vehicle to the Company premises. Your statutory rights are not affected.
10. Used Parts
10.1 Where the Buyer provides used and/or second hard parts to the Company, the Buyer does so at their own risk. The Company is under no obligation to provide any advice or guidance as to the suitability of used and/or second hand parts, any such advice or guidance provided will serve as an opinion only. The Company will work under the assumption that such parts have been provided to the Company by the Buyer in a fit and fully functional state. The Company shall not provide any warranty for used or second hand parts supplied by the Buyer, furthermore the Company wholly rejects all claims of liability or consequential loss caused by a mechanical or electrical failure where the Buyer has supplied their own new, used and/or second hand parts.
11. ECU Calibration & Dyno Testing
11.1 ECU Remapping and Dyno Testing includes an element of risk, the Buyer is responsible for insuring their vehicle is presented to the Company in a mechanically fit state with no underlying mechanical or electrical faults. The Company wholly rejects all claims of liability or consequential loss cause by a mechanical or electrical failure following ECU Remapping or Dyno Testing.
12. Workshop Bookings & Repair Time Estimates
12.2 Repair time estimates provided to the Buyer by the Company are typically based on time estimates provided by Autodata, where repair times are not available from AutoData, estimates will be provided based on the professional experience of the Company. Repair time estimates may be extended by the Company where additional parts are required (that may or may not have extended lead times) or the Company identifies the requirement for additional repairs, the Buyer shall be informed should such a delay arise, the Company shall not be liable for any additional costs or consequential loss where is a repair time estimate is extended.
13. Vehicle Storage
13.1 The Company will invoice £15.00 + VAT per day for the storage of any vehicle not collected within 24 hours of being advised of completion of work, where a quote is subsequently rejected and for vehicles that do not fit into either category but have been left at the company premises, the Company will invoice £15.00 + VAT per day from day the vehicle has been left at the company premises until collection.
14. Surcharge for Special Order Parts
14.1 A Surcharge of up to 30% may be payable to Indigo-GT Performance Ltd for parts which are a special order for the Customer if the Customer does not go ahead with the repair.