The Title in any goods or services does not pass to the customer until all monies are received in full and all cheques cleared. Nothing contained herein is designed to nor will it affect a customer’s statutory rights. Vehicle Sales: Please refer to your order form and our standard trading conditions. Service Sales: Please refer to conditions below. Parts Sales: Subject as detailed below all goods correctly supplied which are of satisfactory quality will not be accepted for credit unless returned within 14 days of issue quoting the invoice number overleaf. In such cases and where the parties contracted in person, the dealer has the right to refuse to accept any returns for credit or refund except where clause 16 below applies, all parts returned will be subject to a handling charge. Bespoke goods (i.e. unique to the customer or the vehicle) cannot be returned for credit or refund.
1. In these conditions "the Dealer" shall mean the Company (authorised by the Importer of Volkswagen and Audi vehicles, VOLKSWAGEN Group United Kingdom Limited to be an authorised Volkswagen & Audi dealer) by whom this form is used "the Customer" shall mean the person or body by or on whose behalf this form is signed on the reverse side hereof and "the Manufacturer" shall mean Volkswagen AG Wolfsburg Germany and subsidiaries thereof or its successors.
2. Where the Dealer contracts to carry out any Volkswagen Standard Inspection Service or Diagnostic Operation by name the Dealer’s liability shall be limited to the performance of such work as may be prescribed from time to time by the manufacturer or the Importer for the United Kingdom as coming within the scope of such operation.
3. All contracts with the Dealer shall be valid and binding only if made in writing upon the Dealer's Workshop Instructions Form and shall be subject to these conditions of business and no other. A contract shall exist when and only when the Dealer's Workshop Instructions Form has been signed by or on behalf of the Customer. No variation of any contract shall be valid unless agreed in writing and signed by or on behalf of the Customer and the Dealer.
4. The Dealer and its servants and agents are expressly authorised by the Customer to use the vehicle or vehicles referred to overleaf on the highway and elsewhere for all purposes in connection with the Inspection Service and Repair thereof.
5. All monies due to the Dealer in respect of Inspection Service or Repair operations carried out on the vehicle or vehicles referred to overleaf shall become payable when such operations are completed and the customer has been notified either overleaf or otherwise that the vehicle or vehicles are ready for collection. Unless otherwise agreed all payments to the Dealer shall be made before the vehicle or vehicles are released to the Customer.
6. The Customer acknowledges the Dealer to have a legal lien upon any vehicle or vehicles left with the Dealer for Service Inspection or Repair and upon the fittings or contents thereof for all monies due to the Dealer from the customer on any account.
7. Subject to the provisions of the Unfair Contract Terms Act 1977 and any amendment thereof vehicles and the components fittings and contents of vehicle are left with the Dealer entirely at the Customer's risk. The Dealer shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Dealer its servants agents or otherwise.
8. If, after the date of any contract made subject to these conditions of business but before payment is made by the Customer the recommended list prices of the Manufacturer or its United Kingdom importer for any work carried out or parts supplied shall rise, then the contract price shall rise accordingly notwithstanding the terms of any estimate or quotation the Dealer may have given.
9. Except in so far as liability may be placed upon the Dealer by the Unfair Contract Terms Act 1977 or in respect of a vehicle subject to the Manufacturer's Warranty or a replacement component fitted to a vehicle in the course of service or repair and similarly subject or by law no conditions or warranties are given or implied as to the quality of goods or services supplied by the Dealer or their fitness for any particular purpose whether such purpose shall be known to the Dealer or not. The Dealer will however without prejudice to its rights here under correct all faults in Inspection Service or Repairs operations carried out by the Dealer and occurring by reason of the Dealer's default or negligence and shown to be such to the Dealer's reasonable satisfaction.
10. All agreements made between the Dealer and the Customer, or as provided by the Unfair Contract Terms Act 1977 or similar enacted Legislation, Regulations and Directives, are personal to the Customer who shall not assign his rights or liabilities under an agreement made subject to these conditions.
11. If in the Dealer's reasonable opinion the operations ordered to be carried out by the Customer cannot be carried out without the vehicle or any part there of being washed or otherwise cleaned the cost of such washing or cleaning shall be chargeable to the Customer as if the same had been specifically ordered by him.
12. If the Customer shall become bankrupt or insolvent or make any arrangement with creditors or suffer a receiver of his effects to be appointed or being a body corporate enters into liquidation other than for the purpose of amalgamation or reconstruction the Dealer shall have the right to terminate any agreement with the Customer subject to these conditions and shall thenceforth cease to have any further obligation under the contract and the price for all work done and goods and services rendered by the Dealer shall immediately become payable.
13. If by reason of the Customer's instructions or lack of such instructions any vehicle or vehicles left with the Dealer for any Inspection Service or Repair operation are not collected by the Customer from the Dealer within 7 days of the Dealer's having notified the Customer either overleaf or otherwise that such operations have been completed the Dealer shall be at liberty to charge the Customer a reasonable daily sum for the storage of such vehicle or vehicles.
14. Subject to 15, the Dealer warrants that all genuine Volkswagen parts will be free of defects in material or workmanship for 24 months from sale by the Dealer. In respect of any other parts fitted or other Goods, the Dealer assigns to the Customer the benefits of the applicable manufacturer's warranty. The Dealer warrants its work free of defects in workmanship for a period of 12 months or 12,000 miles, whichever occurs sooner, from the date of completion of the work.
15. No warranty will apply if and to the extent that a defect is caused or worsened by one or more of the following, namely (a) a failure to inform the Dealer of the defect or to have it examined by the Dealer and a failure to give the Dealer the opportunity to remedy it; (b) if the Goods have been subjected to misuse, negligence or accident or used in a vehicle for racing, rallying or similar sports; (c) the installation of a part into Goods, the use of which has not been approved by Volkswagen AG or the alteration of Goods in a manner not approved by Volkswagen AG; (d) non-adherence to instructions concerning the treatment, maintenance and care of the Goods or a failure to have the relevant vehicle serviced in accordance with Volkswagen AG recommendations; or (e) the repair or maintenance of the Goods by a person other than a Dealer or a person authorised by Volkswagen UK Limited.
16. 'If this agreement has been concluded without any face to face contact between the Dealer and the Customer or anyone acting on their respective behalves, the Customer may give notice in writing cancelling this Agreement within 14 days of taking delivery of the goods or contracting for the service (always providing that such service has not been discharged by the Dealer), whereupon, in the case of goods, the Customer must either return them to the Dealer or make them available for the Dealer to collect at the Customer's expense. The Customer must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered to the Customer until they are returned to the Dealer.'
17. The Dealer reserves the right to refuse to carry out any repairs, servicing or other works on any vehicle which, in their sole opinion, they consider to be unroadworthy or unsafe. Furthermore, the Dealer may refuse to carry out any works which may, in their sole opinion, render a vehicle unsafe or which may have a detrimental effect on other parts of the vehicle. Where the Dealer is undertaking works for the Customer and identifies, in its sole opinion, a need for further essential safety related repair, the Customer will be advised accordingly. Should the Customer decline to authorise such further repair, then the Customer will be required to sign the requisite documentation. Should the Customer refuse to sign such said requisite documentation, then the Customer will be obliged to arrange transportation of the vehicle from the Dealer's premises; in the alternative, the Dealer may arrange for the vehicle to be transported to the Customer's home address at the Customer's cost.'