PRESTIGE AUTOWORKS

TERMS & CONDITIONS FOR VEHICLE SERVICING, REPAIR, MAINTENANCE AND STORAGE

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Effective Date: 01/12/2019

These Terms and Conditions apply to all servicing, inspection, diagnostic, repair, maintenance, restoration, preparation, storage and associated automotive services supplied by Prestige Autoworks (“the Company”) to any customer (“the Customer”).

These Terms are intended for use in connection with prestige, luxury, performance, classic, modified and specialist vehicles. The Customer acknowledges that such vehicles often contain advanced mechanical, electronic and safety systems requiring specialist knowledge, diagnostic equipment and procedures.

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1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

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In these Terms:

“Company”, “we”, “us” or “our” means Prestige Autoworks.

“Customer”, “you” or “your” means the person, company, partnership or organisation requesting or receiving services from the Company.

“Vehicle” means the vehicle presented to the Company for inspection, servicing, repair, maintenance, storage or any other automotive service.

“Services” means any work undertaken by the Company, including but not limited to servicing, diagnostics, repairs, inspections, fault finding, programming, coding, restoration, preparation, detailing, recovery, storage and associated services.

“Authorised Work” means work expressly approved by the Customer, either verbally, electronically or in writing.

“Estimate” means an approximate indication of expected costs and is not a fixed quotation unless specifically confirmed as such in writing.

“Parts” means replacement components, consumables, fluids, materials and accessories supplied or fitted by the Company.

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2. ACCEPTANCE OF THESE TERMS

2.1

By instructing Prestige Autoworks to carry out any Services, the Customer agrees to be legally bound by these Terms.

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2.2

These Terms apply whether the Customer instructs the Company:

a) in person;

b) by telephone;

c) by email;

d) through an online booking system;

e) through a representative, agent or third party.

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2.3

No variation to these Terms shall be effective unless agreed in writing by an authorised representative of Prestige Autoworks.

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3. CUSTOMER AUTHORITY AND OWNERSHIP

3.1

The Customer confirms that they are:

a) the legal owner of the Vehicle; or

b) authorised by the legal owner to instruct the Company to carry out the Services.

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3.2

The Customer agrees to indemnify Prestige Autoworks against any claims, losses, costs or liabilities arising from any dispute regarding ownership, authority or permission to repair the Vehicle.

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3.3

The Customer must disclose any relevant information regarding:

• previous repairs;

• accident damage;

• modifications;

• performance upgrades;

• electrical alterations;

• tuning or remapping;

• water damage;

• warning lights;

• known faults;

• unusual operating conditions.

Failure to provide accurate information may affect the outcome of repairs and any applicable warranty.

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4. VEHICLE CONDITION AND PRE-EXISTING DAMAGE

4.1

Luxury and performance vehicles often contain delicate finishes, specialist materials and complex systems. The Customer accepts that existing deterioration, previous repairs, age-related defects and concealed damage may become apparent during inspection or repair.

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4.2

The Company may carry out a visual inspection of the Vehicle upon arrival and may record:

• photographs;

• videos;

• mileage;

• warning lights;

• visible damage;

• vehicle condition.

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4.3

Photographic and electronic records may be retained by the Company as evidence of the Vehicle’s condition before, during and after work.

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4.4

Where the Company identifies pre-existing defects or risks, it may notify the Customer and recommend further investigation.

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5. ESTIMATES, QUOTATIONS AND AUTHORISATION OF WORK

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5.1 Estimates

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Any estimate provided by Prestige Autoworks is based on information available at the time and may change if further faults, damage or required work is discovered.

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5.2

A quotation shall only become binding where:

a) it is clearly identified as a fixed quotation; and

b) it is confirmed in writing by Prestige Autoworks.

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5.3

The Customer authorises Prestige Autoworks to carry out reasonable diagnostic procedures necessary to identify faults.

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5.4

Diagnostic charges remain payable regardless of whether the Customer proceeds with repairs.

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5.5 Additional Work

Where additional repairs are identified, the Company will seek approval from the Customer before proceeding where reasonably practicable.

However, where immediate action is reasonably required to:

• prevent further damage;

• preserve vehicle safety;

• prevent deterioration;

• protect customer property;

the Company may undertake necessary work and charge the reasonable costs incurred.

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6. DIAGNOSTIC WORK

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6.1

The Customer acknowledges that diagnostic investigations on modern luxury vehicles can involve:

• manufacturer diagnostic equipment;

• software updates;

• electronic testing;

• system resets;

• programming;

• coding;

• component removal.

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6.2

A diagnostic process may reveal additional faults that were not previously known.

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6.3

The Company does not guarantee that diagnostics will identify every fault, particularly where faults are intermittent, historical or caused by previous modifications.

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7. DAMAGE REPORTING AND CUSTOMER INSPECTION

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7.1

The Company takes reasonable care of all vehicles entrusted to it.

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7.2

The Customer must inspect the Vehicle promptly upon collection or delivery.

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7.3

Any alleged damage, loss or defect which the Customer believes occurred while the Vehicle was in the possession or control of Prestige Autoworks must be reported:

a) within 24 hours of collection or return of the Vehicle; and

b) with sufficient details, photographs and supporting evidence to allow investigation.

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7.4

Where the Customer fails to notify Prestige Autoworks within this 24-hour period, the Company reserves the right to reject liability for any alleged damage or loss, except where such exclusion is prohibited by law.

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7.5

The Customer acknowledges that after collection, the Vehicle may be driven, stored, modified or handled by third parties, making it difficult to establish when or how damage occurred.

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7.6

Failure to provide timely notification may prejudice the Company’s ability to investigate and verify any claim.

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8. PARTS AND COMPONENTS

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8.1 Supply and Fitting of Parts

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Prestige Autoworks may supply and fit parts from a range of sources depending on customer requirements, vehicle application, availability and suitability.

Parts may include:

a) Genuine Manufacturer Parts;

b) Original Equipment (OE) equivalent parts;

c) Approved aftermarket parts;

d) Specialist performance components;

e) Reconditioned or refurbished components where appropriate and agreed.

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8.2

Unless specifically agreed in writing, the Customer authorises Prestige Autoworks to select parts which it reasonably considers suitable for the intended use, vehicle condition and repair requirements.

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8.3 Customer-Supplied Parts

Where the Customer supplies parts, components or materials:

a) Prestige Autoworks does not guarantee compatibility, quality, durability or suitability;

b) the Customer remains responsible for ensuring the parts are correct;

c) delays caused by incorrect, defective or unavailable customer-supplied parts shall not be the responsibility of Prestige Autoworks;

d) no warranty shall apply to failures caused by customer-supplied parts.

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8.4

The Company reserves the right to refuse installation of any part which it considers:

• unsafe;

• unsuitable;

• counterfeit;

• damaged;

• incompatible;

• likely to compromise vehicle reliability or safety.

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9. REMOVAL AND REPLACEMENT OF COMPONENTS

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9.1

The Customer acknowledges that modern luxury vehicles contain highly integrated mechanical and electronic systems.

During diagnosis or repair, removal of components may be required to gain access to affected systems.

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9.2

The Company shall exercise reasonable care; however, the Customer accepts that:

a) aged clips, fasteners, trims, fixings and components may fail during removal;

b) previously repaired or weakened components may deteriorate when disturbed;

c) hidden defects may only become apparent once dismantling has commenced.

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9.3

Where additional replacement components become necessary due to age, condition or failure discovered during repair, the Company will notify the Customer where reasonably practicable.

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10. VEHICLES WITH MODIFICATIONS, PERFORMANCE UPGRADES OR ALTERATIONS

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10.1

The Customer must disclose all modifications, including but not limited to:

• engine tuning;

• ECU remapping;

• aftermarket exhaust systems;

• suspension modifications;

• brake upgrades;

• non-standard wheels or tyres;

• aftermarket electronics;

• track modifications;

• body modifications.

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10.2

The Customer accepts that modified vehicles may have increased risks of:

• component failure;

• inaccurate diagnostics;

• incompatibility with manufacturer systems;

• reduced reliability;

• accelerated wear.

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10.3

Prestige Autoworks shall not be responsible for failures caused by modifications not disclosed by the Customer.

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10.4

Where the Company considers a modification unsafe or unsuitable, it reserves the right to decline work.

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11. PERFORMANCE, CLASSIC AND LUXURY VEHICLE RISKS

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11.1

The Customer acknowledges that prestige, classic and performance vehicles require specialist handling and may have unique characteristics arising from:

• age;

• mileage;

• limited production status;

• specialist materials;

• complex electronics;

• previous maintenance history;

• storage conditions;

• driving style.

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11.2

The Customer accepts that servicing or repair work may reveal faults unrelated to the original instruction.

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11.3

Prestige Autoworks does not warrant that repairs will prevent future failures arising from unrelated components or systems.

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11.4

The Company shall not be responsible for mechanical, electrical or electronic failures occurring after completion where such failures are caused by:

• age-related deterioration;

• wear and tear;

• pre-existing defects;

• misuse;

• neglect;

• modifications;

• competition or track use.

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12. HYBRID AND ELECTRIC VEHICLES

12.1

The Customer acknowledges that hybrid and electric vehicles contain high-voltage electrical systems which require specialist procedures.

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12.2

The Customer must disclose:

• previous electrical repairs;

• battery issues;

• charging faults;

• accident history;

• water ingress;

• warning messages.

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12.3

Prestige Autoworks shall not be liable for failures arising from:

• undisclosed electrical faults;

• battery degradation;

• manufacturer software issues;

• previous incorrect repairs.

12.4

High-voltage components may require specialist assessment and additional charges.

13. SOFTWARE, CODING, PROGRAMMING AND ELECTRONIC SYSTEMS

13.1

The Customer acknowledges that modern vehicles rely heavily on software-controlled systems.

Work may include:

• ECU programming;

• software updates;

• module coding;

• calibration;

• diagnostics;

• system resets.

13.2

The Customer accepts that electronic procedures may expose existing faults or require additional corrective work.

13.3

Prestige Autoworks will take reasonable precautions; however, the Company shall not be responsible for:

• manufacturer software failures;

• pre-existing electronic faults;

• unsupported modifications;

• corrupted modules caused by previous programming;

• failures outside the Company's reasonable control.

13.4

Where programming or updating is requested by the Customer, the Customer accepts responsibility for the potential effects on modified vehicles.

14. ROAD TESTING AND VEHICLE OPERATION

14.1

The Customer authorises Prestige Autoworks to drive the Vehicle where reasonably necessary for:

• diagnosis;

• confirmation of repairs;

• safety checks;

• quality control;

• vehicle assessment.

14.2

Road testing may be carried out on public roads in accordance with applicable laws.

14.3

The Customer confirms that the Vehicle is insured and legally permitted to be driven unless alternative arrangements have been agreed.

14.4

Where a vehicle is uninsured, untaxed, modified or unsuitable for road use, the Company may restrict testing or require alternative arrangements.

15. VEHICLE SECURITY AND CUSTOMER PROPERTY

15.1

The Customer should remove all valuables and personal belongings before leaving the Vehicle with Prestige Autoworks.

15.2

The Company accepts no responsibility for loss or damage to personal items left inside the Vehicle unless caused by negligence.

15.3

The Customer acknowledges that vehicles may be moved, stored, accessed and inspected as reasonably required for operational purposes.

16. LABOUR WARRANTY

16.1

Prestige Autoworks warrants that all Services will be carried out with reasonable care and skill by suitably trained personnel.

16.2

Unless otherwise stated in writing, labour supplied by Prestige Autoworks is warranted for a period of:

3 months or 3,000 miles (whichever occurs first)

from the date of completion of the relevant work.

16.3

This warranty applies only to the specific repair or service work carried out by Prestige Autoworks and does not extend to unrelated vehicle components, systems or subsequent failures arising from age, wear and tear, misuse, modifications or pre-existing conditions.

16.4

Any warranty claim must be reported to Prestige Autoworks as soon as reasonably practicable after discovery of the issue.

16.5

The Customer must allow Prestige Autoworks a reasonable opportunity to inspect the vehicle and, where appropriate, rectify any alleged defect.

16.6

The Customer must not authorise another repairer to investigate, dismantle or repair the relevant work without first providing Prestige Autoworks with the opportunity to inspect the vehicle.

Failure to provide this opportunity may invalidate any warranty claim.

17. WARRANTY EXCLUSIONS

The Company’s warranty does not cover failures arising from:

a) normal wear and tear;

b) misuse, neglect or incorrect operation;

c) accident damage;

d) racing, competition or track use;

e) vehicle modifications;

f) customer-supplied parts;

g) subsequent repairs carried out by another party;

h) failure of unrelated components;

i) manufacturer defects;

j) pre-existing faults;

k) corrosion, water ingress or environmental damage;

l) lack of routine maintenance.

17.2

Luxury and performance vehicles frequently contain interconnected systems. Replacement of one failed component does not guarantee that other aged or worn components will not subsequently fail.

18. MANUFACTURER WARRANTIES AND SPECIALIST REPAIRS

18.1

Where the Customer requests work outside manufacturer recommendations, the Customer accepts responsibility for any effect this may have on manufacturer warranty coverage.

18.2

Prestige Autoworks does not provide any guarantee that repairs or modifications will preserve manufacturer warranty status.

18.3

The Customer remains responsible for obtaining manufacturer approval where required.

19. PAYMENT TERMS

19.1

Payment for completed work is due immediately upon notification that the Vehicle is ready for collection unless alternative written arrangements have been agreed.

19.2

The Company may require:

• deposits;

• staged payments;

• advance payment for specialist parts;

• payment before ordering non-returnable components.

19.3

The Vehicle will not normally be released until all outstanding invoices, charges and expenses have been paid in full.

19.4

Accepted payment methods shall be those specified by Prestige Autoworks at the time of payment.

20. RETENTION OF VEHICLE AND GARAGE KEEPER’S LIEN

20.1

Where payment remains outstanding, Prestige Autoworks reserves the right to retain possession of the Vehicle and any keys, documents or items supplied with it until payment is received.

20.2

The Customer acknowledges that the Company may exercise any lawful rights available, including any applicable garage keeper’s lien.

20.3

The lien applies to:

• repair charges;

• diagnostic charges;

• storage charges;

• recovery charges;

• administrative costs;

• other reasonable expenses incurred.

21. STORAGE AND COLLECTION OF VEHICLES

21.1

The Customer must collect the Vehicle within 3 working days of being notified that work has been completed unless another arrangement has been agreed.

21.2

Where a Vehicle remains on Company premises beyond this period, storage charges may apply.

21.3

Storage charges shall be payable at:

£[Insert Amount] per day

or such other rate notified to the Customer.

21.4

Storage charges apply regardless of whether delay is caused by:

• failure to collect;

• failure to arrange payment;

• insurance delays;

• finance delays;

• disputes unrelated to completed work.

21.5

The Customer remains responsible for ensuring the Vehicle is collected promptly.

22. UNCOLLECTED OR ABANDONED VEHICLES

22.1

Where a Vehicle remains uncollected for an extended period despite reasonable attempts by Prestige Autoworks to contact the Customer, the Company reserves all rights available under applicable law.

22.2

The Customer remains liable for:

• repair costs;

• storage charges;

• recovery costs;

• administrative expenses.

22.3

The Company may take reasonable steps to recover sums owed, including seeking legal remedies.

23. LIABILITY

23.1

Prestige Autoworks accepts responsibility for losses caused by its negligence, breach of contract or breach of legal duty where such liability cannot lawfully be excluded.

23.2

Nothing in these Terms excludes or limits liability for:

a) death or personal injury caused by negligence;

b) fraud or fraudulent misrepresentation;

c) any liability which cannot legally be excluded.

23.3

Subject to clause 23.2, Prestige Autoworks shall not be liable for:

• loss of profits;

• loss of business;

• loss of opportunity;

• loss of anticipated savings;

• indirect or consequential losses.

23.4

The Company’s liability shall be limited to losses which are reasonably foreseeable and directly connected with the Services provided.

24. VEHICLE DAMAGE CLAIMS

24.1

The Customer must comply with the damage notification requirements contained within these Terms.

24.2

Any claim for alleged damage must include:

• date discovered;

• photographs;

• description of damage;

• supporting evidence;

• reasonable opportunity for inspection.

24.3

Prestige Autoworks reserves the right to investigate all claims before accepting responsibility.

24.4

Where damage is reported outside the required notification period, the Company may decline responsibility where the delay prevents a fair investigation.

25. INSURANCE

25.1

The Customer remains responsible for maintaining appropriate insurance cover for the Vehicle.

25.2

The Customer must inform Prestige Autoworks of any insurance restrictions affecting the Vehicle.

25.3

Prestige Autoworks does not provide insurance cover for:

• theft of personal items;

• vehicle depreciation;

• mechanical failure unrelated to Company negligence;

• damage occurring after collection.

26. DATA PROTECTION AND PRIVACY

26.1

Prestige Autoworks is committed to protecting Customer information and handling personal data responsibly in accordance with applicable UK data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

26.2

The Company may collect and process information including:

• Customer name and contact details;

• Vehicle registration details;

• Vehicle identification number (VIN);

• Service and repair history;

• Diagnostic information;

• Photographs and videos of the Vehicle;

• Payment records;

• Communications relating to the Services.

26.3

Customer information may be used for:

a) providing requested Services;

b) contacting the Customer regarding repairs, servicing and vehicle status;

c) maintaining accurate service records;

d) warranty administration;

e) protecting the Company against fraudulent or disputed claims;

f) complying with legal obligations.

26.4

The Customer authorises Prestige Autoworks to retain vehicle records, photographs, diagnostic reports and repair information for reasonable business purposes.

26.5

The Company may use third-party suppliers where necessary to provide Services, including:

• parts suppliers;

• diagnostic providers;

• payment providers;

• specialist contractors.

Such parties will only receive information necessary for the relevant purpose.

27. CCTV, PHOTOGRAPHY AND VEHICLE RECORDING

27.1

The Customer acknowledges that Prestige Autoworks premises may operate CCTV systems for:

• security;

• crime prevention;

• protection of vehicles;

• monitoring access;

• investigating incidents.

27.2

The Company may photograph or record vehicles while in its possession for:

• condition reports;

• repair records;

• evidence of damage;

• technical documentation;

• warranty records.

27.3

Photographs and recordings remain the property of Prestige Autoworks and may be retained for legitimate business purposes.

27.4

The Company will not publish identifiable images of customer vehicles for marketing purposes without appropriate consent.

28. VEHICLE SECURITY AND KEYS

28.1

The Customer must provide all necessary keys, security devices, access codes and information required to carry out the Services.

28.2

Where additional keys, remote controls or security devices are required, the Customer remains responsible for providing these.

28.3

Prestige Autoworks will take reasonable care of keys while they are in its possession.

28.4

The Company accepts no responsibility for failure of keys, remote controls, batteries or security systems unrelated to negligence by Prestige Autoworks.

29. PARTS REMOVAL AND OWNERSHIP

29.1

Unless otherwise agreed, replaced parts removed from the Vehicle will become the property of Prestige Autoworks upon completion of the repair.

29.2

The Customer may request to inspect replaced parts before disposal where reasonably practical.

29.3

Where parts are subject to manufacturer exchange schemes, warranty returns or environmental disposal requirements, the Company may retain such components as required.

30. DELAYS AND COMPLETION TIMES

30.1

Prestige Autoworks will provide estimated completion times where possible.

30.2

The Customer acknowledges that completion dates are estimates only and may be affected by:

• parts availability;

• manufacturer delays;

• hidden faults;

• specialist repairs;

• diagnostic findings;

• third-party suppliers;

• unforeseen complications.

30.3

The Company shall not be liable for delays outside its reasonable control.

30.4

The Customer accepts that specialist and luxury vehicles may require additional time due to the complexity and rarity of components.

31. COURTESY VEHICLES AND LOAN VEHICLES

31.1

Where Prestige Autoworks provides a courtesy or loan vehicle, the Customer agrees:

a) to use the vehicle responsibly;

b) to comply with all applicable laws;

c) not to permit unauthorised drivers;

d) not to modify or misuse the vehicle;

e) to return the vehicle in the same condition, allowing for reasonable use.

31.2

The Customer is responsible for:

• fuel costs;

• traffic penalties;

• parking charges;

• damage caused during use;

• insurance excess where applicable.

31.3

The Company reserves the right to charge for cleaning, repairs or losses arising from misuse or negligence.

32. COMPLAINTS PROCEDURE

32.1

Prestige Autoworks aims to resolve any concerns quickly and professionally.

32.2

Any complaint should be submitted in writing and include:

• Customer details;

• Vehicle details;

• invoice number;

• description of the concern;

• supporting evidence.

32.3

The Customer must provide Prestige Autoworks with a reasonable opportunity to investigate and respond.

32.4

The Customer agrees not to remove, dismantle or authorise third-party repairs relating to a disputed matter before the Company has had an opportunity to inspect the Vehicle.

33. DISPUTE RESOLUTION

33.1

The parties shall attempt to resolve any dispute through good faith discussion before commencing legal proceedings.

33.2

Where appropriate, the parties may consider alternative dispute resolution methods.

33.3

Nothing in these Terms prevents a consumer from exercising any statutory rights available under applicable law.

34. GOVERNING LAW AND JURISDICTION

34.1

These Terms and any contract between Prestige Autoworks and the Customer shall be governed by the laws of England and Wales.

34.2

The courts of England and Wales shall have jurisdiction to determine any dispute arising from these Terms, subject to any mandatory consumer rights.

35. CUSTOMER ACCEPTANCE DECLARATION

By authorising Prestige Autoworks to undertake Services, the Customer confirms that:

☐ They have read and accepted these Terms & Conditions.

☐ They authorise Prestige Autoworks to carry out diagnostic, inspection and repair work as agreed.

☐ They understand that additional faults may be discovered during inspection or repair.

☐ They understand that luxury and performance vehicles may require specialist procedures and may have age-related risks.

☐ They agree to the payment, storage and vehicle collection requirements.

☐ They understand the warranty limitations and exclusions.

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