(i) Customer means the customer described on the front of this Agreement;
(ii) Company means the Vroom Vroom Restoration Company whose name is printed on the front of this Agreement;
(iii) Goods means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with Work to be done by the Company; and
(iv) Work means any work to be done by the Company whether by way of repairs, servicing, fitting or otherwise.
2.1 An estimate is a considered approximation of the likely cost involved. All estimates are valid for 15 days from their dispatch by the Company to the Customer.
2.2 Prices of Goods and Work are based on prices current at the time of preparation of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the Goods/ completing the Work.
2.3 Unless otherwise agreed in writing if it appears during progress of any Work that the estimate will be exceeded by a significant amount the Company will not continue the Work without further express permission from the Customer. Such permission may be given in writing and signed by the Customer and the Company, or orally - so long as the permission is thereon recorded in writing on the face of this Agreement.
2.4 The Customer acknowledges that motor vehicles are complex pieces of machinery, that to repair defects it is appropriate to try the least complex solution first and that further chargeable work may be necessary if the Work does not cure the fault
2.5 The Company reserves the right to request a deposit against anticipated charges before agreeing to proceed with any Work
2.6 All prices are exclusive of any applicable Value Added Tax which is shown separately
3. REPLACEMENT PARTS
3.1 The Company reserves the right to repair or to fit reconditioned units and/or parts where these are supplied by the manufacturer.
4. AUTHORITY TO DRIVE VEHICLE
4.1 The Company reserves the right to undertake reasonable mileage to road test any vehicle in its possession which it deems necessary for the purpose of diagnosis, repair and testing.
5. UNCOMPLETED WORK
5.1 If for any reason Work requested by the Customer is not carried out in full the Company will charge a reasonable amount for any Work actually carried out and the current price of any Goods supplied or fitted.
6.1 Variations in the Work to be done or the Goods to be supplied may be made in writing and signed by the Customer and the Company, or orally - so long as the variation is thereon recorded: in writing on the face of this Agreement or on the workshop instruction form which shall form part of this Agreement and initialed by the Company, or on the computerised data system of the Company.
7.1 The Company will use its best efforts to do Work or supply Goods within any time period notified to the Customer. However, time shall not be of the essence.
8.1 After 15 days of placing order No order which has been accepted by the Company may be cancelled by the Customer except with the written agreement of the Company.
9. COMPLETION OF WORK AND PAYMENT
9.1 At least 50% of the estimated amount must be paid in advance. All Goods and or Services shall be paid for in cash, wired or credit/debit card before delivery or collection unless credit has been agreed in advance Delivery is deemed to have occurred when the customer or his agent has taken possession of the Goods.
9.2 Where the Company has granted the Customer credit: if payment is not made on the due date, the Company shall be entitled to suspend the supply of further Goods and/or the provision of any further services to the Customer.
9.3 If the Goods are to be collected then the Customer must collect them within 15 days of receiving notification that the Goods are available for collection. A failure to collect within the prescribed period may be treated as a repudiatory breach of this Agreement.
9.4 Work shall be deemed complete when the Customer is so advised by the Company. The Customer will pay the Company in cash or credit/debit card for all Work done and Goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises. The Customer acknowledges the Company shall have a lien upon any vehicle or vehicles in the possession of the Company for both the price of Work done and storage costs and whether any debt owed by the Customer to the Company relates to that particular vehicle or not.
9.5 If a vehicle is not collected by the Customer within 15 days of the Customer being advised that Work is complete the Company will charge for storage of the vehicle. If the Customer shall fail to pay monies due to the Company and collect the vehicle within 15 days of being notified that the Work has been completed and of the Company's intention to proceed to sell it, the Company may sell the vehicle and the Customer agrees that upon such sale title in the vehicle shall be transferred to the purchaser Upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after deducting all monies due to the Company and all costs of sale.
10. RETENTION OF TITLE AND RISK
10.1 Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer,
10.2 Goods shall remain the property of the Company until the Customer has paid the full price for the Goods and together with all storage charges and interest that may be due to the Company under this Agreement.
10.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee.
Company in full against any breach of the provisions of this clause.
11. LOSS, DAMAGES, LIABILITY
11.1 Subject as expressly provided in this Agreement, and except where the Customer is a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.2 Vehicles and their accessories and contents are left at the Customer's risk and responsibility and the Company is only responsible for loss or damage thereof or thereto caused by the negligence of the Company or its employees. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely upon his own insurance
11,3 So far as is permitted by statute and except in the case of death or personal injury caused by the negligence of the Company, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement: for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the Goods or the provision of Works, or their use or re-sale by the Customer.
12. REPLACED PARTS
12.1 All parts replaced during any Work done, except those that have to be returned under warranty or service exchange arrangements, will be retained by the Company for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.
13. SUB CONTRACTING
13.1 The Company shall be entitled to carry out its obligations under this Agreement by sub contractors but shall be responsible for the quality of their work.
14.1 The Company undertakes that it will use its best endeavours to obtain for the Customer the benefit of any warranty or guarantee given by the manufacturer or importer in respect of the Goods. No warranty is implied nor given on original parts not replaced with new replacement items on works.
14.2 The Company does not give or render any Warranty on the Accessories and Ad-ons installed in the vehicle during restoration process.
14.3 If the Work includes painting then if the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the Work but no warranty can be given in this respect or to the effect that the new paintwork will match existing paintwork exactly
14.4 The warranty in 14.1 above is in addition to any other remedies the Customer may have under the Agreement but where applicable does not extend to cover defects arising from: (i) use of the vehicle otherwise than for private or commercial use of the owner or other users with his permission; (ii) failure to have the vehicle serviced in accordance with the manufacturer's recommendations; and (iii) damaged in a subsequent accident, howsoever caused.
15. FORCE MAJEURE
15.1 Any failure by the Company to perform any of its obligations under this Agreement by reason of the performance of any clause being beyond the control of the Company shall be deemed not to be a breach of this Agreement
16.1 All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of post to the Customer address shown overleaf or immediately upon delivery by hand or through E-mail.
17. WHOLE AGREEMENT
17.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
17.2 Each party acknowledges that in entering into this Agreement; it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement,
18.1 If any term or provision of this Agreement shall be held illegal or unenforceable it will to that extent be deemed to be omitted from the Agreement and the validity or enforceability of the remainder of this Agreement shall not be affected.
19. THIRD PARTY RIGHTS
19.1 Nothing in this Agreement shall confer any rights upon any person who is not a party to this Agreement unless expressly provided.
20. PROPER LAW AND JURISDICTION
21.1 This Agreement shall be governed and construed in accordance with Indian law and the parties agree to submit to the exclusive jurisdiction of the Indian Courts.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.