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 and/or products 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 product 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 product 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 product 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 Judgement 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 products 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 engine rebuilds).
9.2 In the event of a potential claim, the Buyer should notify the Company immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by a third party will only be permitted with prior express authorisation of 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 or 3rd Party Sourced Parts
10.1 Where the Buyer provides used/second hand products or products supplied by a third party 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 such products, any such advice or guidance provided will serve as an opinion only.
10.2 The Company will work under the assumption that such products have been provided to the Company by the Buyer in a fit and fully functional state.
10.3 The Company shall not provide any warranty for used/second hand products or products supplied by a third party to the Company, furthermore the Company wholly rejects all claims of liability or consequential loss caused by a mechanical or electrical failure where the Buyer has supplied used/second hand products or new products supplied by a third party to the Company.
11. ECU Calibration (Remapping)
11.1 The Buyer is responsible for insuring their vehicle is presented to the Company in a mechanically fit state with no mechanical or electrical faults, underlying or otherwise. Where a fault is obviously present and identified, the Company reserves the right to withdraw the offer of its services.
11.2 The Company makes no claims as to the suitability of any vehicle presented to the Company by the Buyer, due to the mechanical nature of motor vehicles, it is possible that a vehicle may be presented to the Company with no obvious defects prior to ECU calibration/remapping but such a defect may become apparent as a direct consequence of ECU calibration/remapping. As such ECU calibration/remapping is a service offered by the Company to the Buyer entirely at their own risk and discretion.
11.3 No warranty is provided or implied by the Company in relation to the Buyers vehicle, the Company does not accept liability for any mechanical or electrical failure(s) or part failure(s) that may be caused by the Company's provision of ECU calibration/remapping.
11.4 ECU calibration/remapping constitutes software provided to the Buyer by the Company and as such remains the intellectual property of the Company. Sharing, copying or modifying such software is strictly prohibited, the Company reserves the right to pursue any appropriate legal remedy in order to protect its intellectual property.
11.5 The Company offers a 7 Day Money Back Guarantee with our IGT-R Software, the Buyer must return their vehicle to the Company within seven days, the Company shall re-install the stock ECU software and provide the Buyer with a refund minus the cost of the the time required (usually one hour of labour).
12. Dyno Testing
12.1 A dyno power run session is a service whereby the Company will attempt to measure the engine power and torque output of the Buyers vehicle using a DynoDynamics Dynomometer, the inability of the Company to provide the Buyer with an accurate and/or reliable result does not entitle the Buyer to a refund where an attempt has been made to measure the performance of the Buyer's vehicle.
12.2 The Buyer is responsible for ensuring their vehicle is presented to the Company in a mechanically fit state, the Company does not accept liability for any mechanical or electrical failure(s) or part failure(s) that become apparent as a result of dyno testing.
12.3 The Company does not accept liability for any damage incurred by the Buyers vehicle as a result of dyno testing, as the dyno is surface mounted, there is a risk excessively low vehicles may be damaged whilst being loaded onto the dyno, this service is provided solely at the discretion of the Buyer.
13. Workshop Bookings & Repair Time Estimates
13.2 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.
14. Vehicle & Part(s) Storage
14.1 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.
14.2 Vehicle parts left at the Companies premises by the Buyer shall be stored for a period of seven days from the point at which they are removed from the vehicle or otherwise left by the Buyer, after which time the Company shall use it's discretion to dispose of any such parts.
15. Workshop Booking Cancellation Charge
15.1 A charge of up to 30% of the retail price of the products ordered by the Company for the Buyer shall be payable to to the Company by the Buyer in the event the Buyer cancels their workshop job booking, this will be deducted from any deposit paid by the Buyer to the Company.
16. Labour Rates & Additional Charges
16.1 The Company's workshop labour rate is currently set at £65.00 + VAT per hour (correct as of 27/06/2019).
16.2 Workshop bookings are subject to a minimum of one hour of labour, beyond the initial first hour, labour will be charged in 15 minute segments rounded up, for example 2 hours and 19 minutes shall be invoiced to the Buyer as 2.5 hours of labour.
16.3 The Company's Alignment packages are priced to include a preset period of labour, 1 hour for basic alignment, 2.5 hours for alignment and ride height adjustment and 3 hours for alignment and corner weighting, any additional time required shall be invoiced to the Buyer as per section 16.2.
17. Free Fitting Promotions
17.1 The Company may offer free fitting on selected products, for the sake of regularity, where such an offer is made to the Buyer, free fitting shall be defined as the period of labour required to fit the relevant product based on labour fitting times as provided by Autodata or drawn from the Companies expert knowledge.
17.2 Where the time required to fit the relevant product exceeds the estimated labour fitting time, the additional time required shall be invoiced to the Buyer based on the hourly labour rate as per section 16.