Please note that all photos, text, video and other Intellectual Property located on this website is Copyright Mr.P.Chapman. Most photos were taken by Mr.Chapman, but if you have any issue with any photo on this site then please raise the matter with us for immediate attention at email@example.com
Please note that our terms and conditions are separated into two areas depending upon wheather it is a mail order transaction, or we are working on your vehicle.
Mail Order Terms
1.GENERAL. All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions.
These conditions may not be modified or varied unless North Norfolk Accident Repair Centre Limited (hereinafter referred to as “the company”) Registration number 06095848 agrees in writing and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer. No person has authority on behalf of the Company to vary any conditions except Mr.Phillip Chapman, and then only in writing signed by Mr.Phillip Chapman on proper company headed notepaper. The Company offers a made-to-order service wherein the Customer places an order and goods are manufactured to the specification of the Customer specifically for the Customer.
2.VALIDITY OF QUOTATION. The Company reserves the right to amend any price quoted to cover an increase in costs of materials or labour or overhead expenses which may take place between the date of the quotation (or the date of the order where no quotation is made) and the date of dispatch which may effect the cost of manufacture and/or delivery of the goods and every quotation is made and every order is acknowledged on the condition that the goods will be invoiced at and the payment will be made at the price ruling when the goods are supplied.
3.NEW ACCOUNTS. At the company’s absolute discretion trade customers may open an account with the company for the purchase of goods.
The customer will be required to furnish two trade references and one banker’s reference. Until the opening of a trade account has been confirmed a remittance should accompany the order, otherwise delivery will note be made until the references have proved acceptable. Trade accounts are subject to minimum monthly purchase levels.
4.SETTLEMENT TERMS (a) Accounts are payable within 14 days of issue of the invoice for Trade Customers. Any variation to these terms will only be accepted where agreed by the Company and confirmed in writing. Where the credit terms are exceeded the company reserves the right to demand immediate payment of the account in full. The Company reserves the right to refuse credit at any time and demand payment of all monies outstanding. No receipt will be issued against payment made by cheque unless specifically requested. The Company, at its discretion reserves the right to charge interest on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 3% per annum over Lloyds Bank base lending rate. The company can exercise this right in addition to any other rights it may have in respect of the goods or non-payment for goods.
(b)Where the contract is to be or may be fulfilled in separate instalments, deliveries, or parts, payment for each instalment, delivery or part, shall be made as if the same constituted a separate contract.
5.PRICES. Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of dispatch and any price list of the company whether published or not shall not effect the right of the company to charge for goods in accordance with this clause.
6.ORDERS. Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the company as a result of such duplication of order will be charged to the buyer.
Acceptance of order cancellation is at the discretion of the company and will only be effective if notice is given in writing prior to any tooling up for production. Cancellation will not be accepted, for any reason, for goods which have ben produced or are in production and/or transit. All Private Orders are strictly by Payment with Order and in advance of any delivery. We always allow 10 working days for customers cheques to clear.
7.DELIVERY. (a) Delivery dates are promises given in good faith by the company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the company. Time is expressly not the essence of the contract.
(b)Goods are dispatched via various recognised carriers and are insured by weight to a level which may not cover the true value. Additional insurance is available at extra cost. It is the Customer’s responsibility to check all goods for damage before signing for acceptance of said goods. Once goods are signed for “accepted” the Company will not admit any liability for damage. Most carriers will not accept "unchecked" as a variation of their terms, and in this respect we accept their decision.
(c)The Buyer is advised not to book a professional fitting service, bodyshop, or garage until the goods have actually been received. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the Company.
(d)The Company will be deemed to have Delivered the goods in good condition 48 hours after the carrier leaves a card at the delivery address stating that delivery was attempted and was refused by the Buyer, or in the event that there is no-one available to accept delivery. It is the Buyers responsibility to arrange with the carrier for re-delivery or to collect the goods from the appropriate Depot. The Company reserves the right to charge the Customer for all expense incurred by the company as a result of such failure to accept delivery.
(e)In the case of export orders delivery shall take place at a port or airport on the mainland of Great Britain (delivery being deemed to have occurred when the goods are unloaded at the port or airport)
8.TITLE TO GOODS. The Company and the Buyer expressly agree that until the Company has been paid in full for the goods supplied:
The goods remain the property of the Company although the risk therein passes to the buyer at the point delivery is made. The Company may recover those goods at any time from the buyer in his possession if the Company judges the amount outstanding from the buyer on the general statement of account between the parties is in excess of the credit limit the Company is willing to accord to the buyer, and for that purpose the Company’s servants and agents may enter upon land or buildings upon which the goods are situated.
If the buyer incorporates such goods into other products, with the addition of his goods or those of others, or uses such goods as materials for other products, with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to the Company and the buyer as bailee of the Company will store the same for the Company without charge to the company. The buyer has the right to dispose of the goods or such other products in the course of his business for the account for the company and to pass good title to the goods or products to his customer being a bona fide purchaser for value without notice of the Company’s rights. In the event of such disposal the buyer has the fiduciary duty to the Company to account to the Company for the proceeds but may retain therefrom an excess of such proceeds over the amount outstanding and due to the Company and the Company has the additional right to recover the buyers price from the buyers customer to the extent unpaid; if the Company avails itself to this right, it will account to the buyer for any excess less any expenses incurred by effecting recovery.
9.DAMAGE IN TRANSIT. The company will repair or replace free of charge goods damaged in transit provided that the carriers and the Company receive written notification of such damage within seven days of delivery. Goods received in damaged or unsatisfactory condition must be signed for as such. On receipt, goods should be checked. Shortage claims will only be considered if the carriers and the Company receive written notification of such shortage within seven days of delivery, failing which no liability will be admitted. The packaging and contents must be retained for inspection.
10.RETURNS AND CANCELLATIONS. Goods to be returned must be notified to the Company in writing within seven working days of receipt of goods by the customer as goods correctly supplied may not be returned without the Company’s written agreement. Goods which have been correctly supplied and have been fitted, drilled, sanded, machined or otherwise modified will not be accepted for return under any circumstances. A returns note number must be obtained and the number clearly marked on the outside packaging. Goods so returned must be consigned “carriage paid” and accompanied by a packaging note stating your order reference number, and ideally the reason for the return. A restock/cancellation charge will be imposed to cover our direct costs. Any item which has been supplied to special requirements or is designated as special order cannot be accepted for credit or refund under any circumstances. All Orders cancelled will be subject to a restock/cancellation charge to cover the company’s direct costs. The customer is responsible for the safekeeping of the goods until signed for in good condition by the Company therefore we strongly suggest that all returns are sent with a fully insured service. Items damaged whilst being returned cannot be accepted by the Company.
11.WARRANTY. If on delivery there is any damage defect or shortage in the goods and the customer gives due notice under conditions 7 and 9 above and returns the damaged or defective goods to the Company, the Company shall replace the damaged or defective or missing goods or (at the Company’s option) credit the customer with the amount of the price attributed to those goods.
12.DESIGN AND SPECIFICATION. The Company may withdraw or modify any design or specification of the goods at any time without notice to the customer. Whilst every effort is made to ensure goods are a good fit all items may need modification/slight alteration to fit. All products require degreasing and sanding prior to painting. All items should be fitted prior to painting.
13.DESCRIPTIVE MATTER AND ILLUSTRATIONS. All descriptive and forwarding specification, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
Whilst every endeavour has been made to ensure that the goods are accurately described and believed to be fit for the purpose mentioned in promotional materials no warranty or representations to this effect is given either expressly or by implication, and no responsibility will be accepted in the event of an error or misdescription or any such unfitness or any damage resulting there from.
Whilst every care is taken at all stages of manufacture, the Company will not accept and responsibility to subsequent costs or expenses incurred as a result of the use or fitting of the Company’s products.
14.LIMITS OF CONTRACT. Any quotation includes only such goods, accessories and work as are specified therein.
15.BANKRUPTCY. In the event of the buyer committing any breach of contract with the company or if any distress or execution is levied upon the goods of the buyer or if he offers to make any arrangements with or for the benefit of his creditors or commits any act of bankruptcy or, being a limited company, has a receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall there upon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, or at the Company’s option to make partial deliveries.
16.DESIGNS. Many of the Company’s products are subject to patents, registered deigns, design rights, copyright or other intellectual property rights in the United Kingdom and abroad. The Company will take action against counterfeiters to protect the Company’s rights. The buyer will not copy, or allow the copying, or supply for the purpose of copying, of any of the Company’s products.
17.DISTANCE SELLING REGULATION. The Company offers a made-to-order service for the Buyer. The Buyer understands that under section 13 (1)(c) of the distance selling regulations no cooling off period will be allowed for these products.
18.ROAD TRAFFIC ACT. Under the Road Traffic Act (as amended) most modifications to cars are technically and specifically illegal. As such all the parts supplied are for show car and motor sport use and may not be used on the public highway. The Customer agrees not to use the parts supplied on the public highway.
19. FAILED CHEQUES. The Company may at its discretion charge for those costs incurred in dealing with cheques which fail to clear through banking system. Such charges are those that are in force at the time of presentation and at the time of printing are evaluated (but not limited to) £100 on first failed presentation, and £50 thereafter per presentation.
20.TELEPHONE CALLS. Abusive, Threatening, Significantly duplicated or otherwise malicious telephone calls are not tolerated by the company. Such calls are illegal and will be reported to the Police and British Telecom. Any such calls will be terminated immediately and the customer will forfeit any right to contact the company by telephone in the future. In such instances the company reserves the right to charge the customer as it sees fit to cover costs and losses and at the time of printing these costs are evaluated (but not limited to) £100 per call. All calls may be recorded for training or any other purpose.
21.COMPLAINTS. Complaints should be put in writing and addressed to Mr.P.Chapman, NNARC Limited, The Works, The Triangle, Suffield, Norwich, NR11 7EQ.
22.VALUE ADDED TAX. If applicable Value Added Tax will be chargeable at the rate applicable at the date of dispatch. This will clearly be marked on your invoice. Prices currently do not include VAT, as none is charged on our products at the current time.
23.FORCE MAJEURE. In the event of a war, invasion, act of foreign hostilities, whether war has been declared or not, civil war, rebellion, revolution, insurrection or military or unsurped power the seller shall be relieved of liability incurred under his contract wherever and to the extant to which the fulfilment of such obligation be prevented, frustrated or impeded as a consequence of any such event or by any statute rules or regulation ordered or requisitions issued by any government department, council or other duly constituted authority or from lockouts, breakdowns or other causes (whether or not of a like nature) beyond the company’s control.
24.LEGAL CONSTRUCTION. Unless otherwise agreed by the Company in writing, these conditions shall in all respects be construed and operate as an English Contract, in conformity with English Law.
Terms and Conditions of Business (Vehicles).
1. This document constitutes terms and conditions which are additional to our Terms and Conditions of Business (Mail Order), and are applied to all vehicles delivered for work. Please read this document carefully as it contains important information regarding your vehicle.
2. For the purpose of this document the terms “the company”, “us”, “we”, “NNARC” refer to North Norfolk Accident Repair Centre Limited of The Works, The Triangle, Suffield, Norwich, NR11 7EQ, Registration number 06095848, Telephone number 01263 768824, email firstname.lastname@example.org.
3. For the purpose of these terms and conditions the terms “you”, “the client”, “the customer”, refers to the other party in the contract, whom will normally be named on an invoice, quote, or estimate, would normally be the vehicle owner or agent thereof, and constitutes the customer.
4. None of these terms and conditions may be varied in any way without the consent of the company in writing, and signed by a director. Failure to object to any modification made by the client shall not constitute acceptance of such alteration by the company.
5. The customer is entering into a legally binding agreement with NNARC for the work listed on the invoice, quote, or as discussed.
6. These works have been requested by the owner or agent of the owner with the full consent and permission of the vehicle owner.
7. At the outset we will endeavour to make sure you know how much your final bill will be either by an invoice, estimate or quotation either verbally or in writing. This may not be exact but should provide an indication of the likely cost. If you are unsure then please ask. Basic prices are also listed on the website for many items, but these prices are for illustration only and do not form part of any contract.
8. Work is often added during the course of the build. We will take steps to ensure there is a paper/electronic record of this work, but items discussed by phone will not always be confirmed in writing. These additions are always extra to the main contract and legally defined as “additions” for which additional charges will normally be levied. These will normally form part of your final bill. Any additions are also subject to these terms and conditions.
9. You should also be aware that some projects are discounted for various reasons and that sometimes a project cancelled or suspended prior to completion will attract the full charge despite the fact that work remains. This is because in the event of cancellation we charge all time and materials.
10. You have the right to cancel or suspend the project at any time. However you may be asked to bring your account up to date even though charges may not be due at that time. We also reserve the right to charge storage for projects which are suspended or cancelled, or remain unpaid for any reason. We are not in the business of vehicle storage and therefore these charges reflect lost income from lost space and not necessarily a competitive charge for storage.
11. We will be conducting modifications and upgrades to your vehicle which will take various aspects of the vehicle’s operation and/or performance well beyond those intended by the manufacturer. You must be aware and accept that it is your specific request that these modifications are made to your vehicle, and that you accept any repercussions following from those modifications.
12. Following the installation of some parts it is often necessary to conduct public highway test drives, and rolling road testing to set-up the vehicle engine management system. It should be pointed out that rolling road testing is very hard on the engines as they are stressed for a longer period of time than is possible on the road, and it is more akin to driving the car on the track. Because of this greater stress and the greater chance of failure neither ourselves nor the rolling road accept responsibility for failures whilst under test. To reduce the risk of any damage please ensure that your engine is in good condition, with regular oil and filter changes, and that your tyres and suspension are also in good condition.
13. Some parts fitted, and some modifications made to your vehicle may render it illegal for road use, under UK Law. In this case the vehicle is considered as a show and track car, and must not be used on the public highway. You should note that many modifications alter the vehicle from the specifications listed on the type approval certificate, and that any changes render the car illegal for road use, and in these circumstances, the car should not be used on public highways until it has been SVA tested to return it to legality.
14. All the work that we carry out is guaranteed to be to a high standard of work. You must note that because many of the modifications are defined as experimental or customised that it is a specific term of business that we do not guarantee that all components will work without fault, failure or defect. In the event that any of our products or work fails we will repair that work or those parts provided that the vehicle is returned to our workshops for that work.
15. For the avoidance of doubt you should note that we will not cover the cost of parts not fitted by us, even if they fail as a result of parts that were fitted by us, and we will not cover the cost of transport, and we will not cover the cost of work conducted by third parties.
16. We will be happy to provide reasonable help and assistance to any third party working on your vehicle provide that we believe such third parties to be acting in your best interest, and in a safe and reasonable manner.
17. It is a basic fact with modified vehicles that components fail from time to time. If you cannot accept this basic fact then do not modify your car. Most modifications remove the safety margin that manufacturers build in. By removing this margin reliability is detrimentally affected. The point at which we consider that we have eaten into the safety margin without causing problems is a matter of opinion, based on experience. It is not guaranteed.
18. Increased maintenance is almost always required on many conversions, and recommended on all.
19. You must also inform your insurance company of all modifications made to your vehicle, or you run the very real risk of having no insurance, which is illegal on road going vehicles in the UK. All modifications should be declared.
20. On completion of the work you will be provided with verbal operating instructions which will also be confirmed in writing, in most instances.
21. Whilst in our custody please ensure that your vehicle is insured. Our insurance company will not cover your vehicle and you should make absolutely sure that they will cover it whilst your conversion/work is being conducted. We do have road cover to enable driving your car on the highway if and when needed for test driving, set-up, delivery or collection to and from yourself or suppliers.
22. All statements and recommendations in regard to performance, reliability or other quantified or non-quantified properties are made in good faith and from previous experience and are based entirely on that experience and are a matter of opinion. If you cannot accept those opinions then please do not modify your vehicle.
23. All parts that are not collected when your car is collected or your project complete or your final bill presented (which ever is first) will become the absolute property of NNARC after 7 days. We are not in the habit of storing parts and will dispose of such parts that are not collected as we see fit, and without recompense to the customer. In the event that costs are incurred in disposing of any parts then the cost will be passed on in a separate invoice as soon as practical.
24. Most projects of under 30 days will require a deposit of either 10% of the anticipated total or 100% of the parts costs (which ever is the higher) at the discretion of the company. This should normally be paid 30 days in advance of your booking or you risk loosing space in our diary.
25. Projects over 30 days in duration will attract the deposit as above, but will also have scheduled stage payments which will break the total into two or three stages normally. This is at the discretion of the company and will be by negotiation, and you will normally be informed prior to the commencement of work.
26. All vehicles must be paid in full by cleared payment prior to removal from our custody. This means in essence cash on collection. Please note that we do not accept cheques, drafts, postal orders or any other payment as cleared funds. If you wish to pay by cheque then please ensure that payment is received 7 days before you collect the vehicle in order to allow full clearance prior to release. Stage payments can be arranged if it makes things easier.
27. Time is not the essence of the project. These are very specialised customising operations, and any time indications provided are done so in good faith but no liability is accepted for our failure to meet indications. This applies to all jobs. Please ensure that you have alternative transport for longer than the anticipated project timescale.
28. We will endeavour to keep you informed regarding progress on your vehicle by whatever means is most appropriate in your case; however under no circumstances should you travel to collect your car until you have been informed that it is totally complete and ready for collection. Please also ensure that you are fully aware of your final bill and have sufficient funds to settle your account when collecting your vehicle. Vehicles with any outstanding amounts on them will not be released.
29. If you are unhappy with any of the work completed on your car, then please let us know at the address above, and the matter will be investigated. All work is complete subject to these terms and conditions. Warranty issues will be addresses ASAP, but you may be asked to bring the car back for inspection or to provide digital photos of any defects for the purpose of deciding what action is needed. If you have any problem please contact us sooner rather than later as these things tend to get worse without attention.
30. We prefer that all stereo and other valuable and delicate equipment (neons/leds) is removed from the vehicle prior to delivery to our premises. If such items are left in the vehicle then the customer accepts that whilst we will act with all reasonable care, no claim for damage will be accepted.
31. It is difficult to ensure that the interiors of vehicles do not get dusty and dirty whilst being worked on. Reasonable care is taken but the customer should be aware that we do not offer an in-house valet service and that you should budget for a valet on return of your vehicle, or else for an additional charge we can arrange for your vehicle to be professionally cleaned prior to collection. This can only be organised if the vehicle is not being returned to the workshop for storage. i.e on the day of collection.
32. The company may vary the terms of your project if circumstances dictate that such changes are necessary and will endeavour to inform you in writing in good time.
33. If you do not agree to these terms and conditions then you must not deliver your car for work, or pay a deposit. By delivering your car and/or paying a deposit or by paying in full you are specifically agreeing to the terms and conditions listed above.