Jaybee Motors Banbury Consumer Rights Act Terms & Conditions
- “The Company”,
the person designed overleaf who is the vendor of the services and or
goods to the customer.
- ”The Customer”,
the person designed overleaf, contracting for goods and services to be
supplied by the Company.
- “ Consumer”, a
Customer, being an individual who, for the purposes of the purchase, is
acting wholly or mainly outside of their trade, business, craft or
- ”Goods” means
all things to be sold by the Company to the Customer.
means all services, including repairs, provided by the company to the
- Whole Contract
These terms shall represent the whole contract between the Company and
the Customer. They may be varied only by written agreement between the parties.
The singular shall include the plural and the male shall include the
female or business entity as may be appropriate.
In the event of any one or more of these terms and conditions being
declared unenforceable, the remaining terms and conditions shall nonetheless
remain in full force and effect.
specifically agreed in writing, all work is agreed on an estimate basis.
specifically agreed in writing, time for completion of any work is
- Any estimate is
based on the costs of labour and materials relevant at this date and the
Company reserves the right to alter the charges to meet any variations,
whether due to increase in wages (controlled by national agreements),
materials or increased cost from any other cause outside of the Company
- Should any
additional work or materials be found necessary in the course of these
repairs or subsequent testing, it will be necessary to make an extra
charge. Where this additional work involves a substantial increase in the
amount estimated, a supplementary estimate will be submitted for
Where new paintwork is required and the metal work is found to be
rusted, every reasonable precaution will be taken to prevent this penetrating
through after completion of painting, but no guarantee can be given in this
respect. If partial paintwork only is required, every endeavour will be made to
match the existing colour schemes, but no guarantee can be given of a perfect
- Goods Supplied
- Where the
service includes the provision of goods, the Company reserves the right to
impose a handling charge on goods returned for credit (which have been
correctly supplied to order).
- All ‘Special
Orders’ correctly supplied and of satisfactory quality will not be
accepted for credit. Goods supplied that are of satisfactory quality will
not be accepted for credit more than 7 working days from the date of issue
of an invoice.
- Worn units will
only be accepted in a clean and oil free condition.
- All claims or queries
pertaining to this invoice must be made within 7 working days of issue of
an invoice quoting the invoice number.
- In the event of
cancellation, for any reason, the customer agrees to return any Goods to
the Company’s premises.
- The title in any
goods/services shall pass when payment has been received by the Company
(and all cheques/bankers drafts cleared) and not on delivery. Until such
time as the property in the goods passes to the Customer, the Company
shall be entitled at any time to require the Customer to deliver up the
goods and if the Customer fails to do so forthwith, to enter upon any
premises of the Customer or any third party (including where the Customer
is in administration/ receivership). The Customer must store the goods
separately from other goods until paid for.
Any variation agreed between the Company and the Customer regarding the
Goods to be supplied shall be deemed to be an amendment to this Contract and
shall not constitute a new contract.
- The Company
shall give the estimated time for the repair of a vehicle and shall make
every effort to inform the Customer if this estimated time cannot be met,
although the Company can accept no responsibility for delays outside its
- Unless otherwise
agreed in writing delivery of the Goods shall take place at the Dealer’s
Payment in respect of any services or work undertaken shall be made on
or prior to taking delivery of the vehicle unless a credit account has been
- Except where the
Customer is acting as a Consumer, in so far as liability may be placed
upon the Company by the Consumer Rights Act 2015 or any other statutory
provision, or in respect of a vehicle subject to a manufacturer’s warranty
or other written warranty, no warranty is given or implied as to the
quality of Goods or Services or their fitness for any particular purpose
whether known to the Company or not.
- The Company
will, however, without prejudice to its right hereunder, correct all
faults in goods or services carried out by the Company and occurring by
reason of the Company’s default or negligence and shown to be such to the
- Subject to
clause 11.4 below, the Company assigns to the Customer, the benefits of
any applicable manufacturer’s warranty for parts fitted to a vehicle in
the course of a repair or service. Further, the Company warrants its work
free of defects in workmanship for a period of 12 months or 15000 miles,
whichever occurs sooner from the date of completion of the work.
- The Company’s
obligations under the contract shall be mitigated or removed if any defect
is caused or worsened by any of the following:-
- Failure to notify
the Company of the defect.
- Failure to
afford the Company opportunity to rectify the problem.
- Subjecting the
goods to misuse, negligence or accident or using the vehicle for racing,
rallying or similar sports.
- Installation of
a part into the goods not approved by either the manufacturer or the
Company, or altering them in a way not approved by either the
manufacturer or the Company.
- Failure to
adhere to maintenance instructions regarding the care, treatment or
upkeep of the goods, or in failing to have servicing and preventative
maintenance carried out as recommended by either the manufacturer or the
Where the Company contracts to carry out a defined repair or diagnostic
operation, the Company’s liability shall be limited to the performance of such
work as may be defined by the standard manufacturer’s schedule as coming within
the scope of such operation.
- Use of the Customer’s Vehicle
The Company and its employees and agents are expressly authorized to use
the customer’s vehicle on the highway and elsewhere for all purposes in
connection with the work outlined. The Company undertakes to take reasonable
care of the vehicle so used, and to provide legally required insurance of the
- Authority to Contract
Goods supplied by the order of any person in the Customer’s employment
or by any person reasonably believed by the Company to be the Customer’s agent
or by any person to whom the Company is entitled to make delivery of the
vehicle, shall be paid for by the Customer.
- Authority to Uplift
Where a person who, so far as the Company is aware, has authority to
uplift Goods or Vehicles and does so, the Company shall have no liability to
the Customer for any loss or damage resulting on any grounds whatsoever. It
shall not be obligatory upon the Company to confirm the authority of any person
reasonably believed to be the agent, or to have been at some time, connected
with the Customer.
The customer acknowledges that the Company has a legal lien upon any
vehicle or vehicles left with the Company for supply of goods and services for
all monies due from the customer on any account.
- Risk / Delay
Subject to the provisions of the Consumer Rights Act 2015 and any
amendment thereof, vehicles, including components, fittings and contents are
left with the Company entirely at the Customer’s risk. The Company shall in no
circumstances be liable for loss or damage thereto or for delay in completing service
or repairs unless the same is caused by the negligence or default of the
Company, its employees or agents.
- Bankruptcy / Insolvency of Customer
If the Customer shall become bankrupt or insolvent or make any
agreements with the creditors or allow a Receiver of their effects to be
appointed or being a body corporate enter into liquidation, the Company shall
have the right to terminate any agreement with the Customer subject to these
conditions and henceforth cease to have any further obligation under the
contract. In these circumstances the price for all the services rendered and
goods supplied shall immediately become payable.
- Storage Charges
If, following the completion of services the Customer’s vehicle(s) is
left at the Company’s premises or the premises of the Company’s agent, then the
Company reserves the right to make a reasonable daily charge for the storage of
the vehicle or vehicles.
- Replacement Parts
The Company shall obtain the Customer’s express permission to repair or
to fit repaired units where new parts quoted for are unavailable or not
obtained within a reasonable time.
- Exchange Units
In the event of a factory reconditioned unit being fitted, a surcharge
may be made pending examination by the manufacturers to confirm that the unit
is, in their opinion, fit for reconditioning within the Exchange Scheme.
If the unit is accepted for reconditioning, and the manufacture’s credit note is
received, the surcharge will be cancelled
- Disposal of Uncollected Goods
Any vehicle which is not collected by the Customer and in respect of
which payment for repairs carried out has not been made within three calendar
months of the Customer having been advised of the completion of the work, may
be sold by the Company and the cost of the repairs and any storage charges may
be deducted by Company from the net proceeds of the sale of the vehicle.
However, before proceeding to sell the vehicle the Company shall first give the
Customer seven days written notice of its intention to do so which notice shall
be sent by prepaid first class post to the address of the Customer last known
to the Company and shall be deemed to have been received by the Customer on the
day following the date of posting, or if that shall be a Sunday or a Public
Holiday, to be the first working day thereafter. Any sale of the vehicle under
this clause shall be by Public Auction and the Company shall after discharging
the costs of the sale, the repairs and the storage charges, at its absolute
discretion, either retain the balance for the benefit of the Customer or
forward the same to the Customer at the Customer’s last known address.
- Data Protection
- The Company will
hold the information overleaf for sales, service and warranty purposes as
Data Controllers. This information may be passed to other carefully
selected third party organizations. The Company, or they, may contact the
Customer by email, telephone or letter to inform the Customer of products
or services which may be of interest to the Customer, or the Customer may
be asked to participate in a customer survey by either the Company, your
vehicle manufacturer or third party. If the Customer does not want their
information to be used in this way please notify us by writing to the
Dealer Principal at the address shown overleaf.
- All the
agreements between the Company and the Customer are personal to the
Customer. The Customer may not assign his rights or liabilities to any
third party by any means.
- Distance Selling Regulations
- Where the
Customer is acting as a Consumer, if this Agreement has been conducted
without any face to face contact between the Company and the Customer, or
anyone acting on each party’s respective behalf, the Customer has the
right to cancel this Agreement without giving any reason. The cancellation
period will expire 14 days from the day on which the Customer first
instructs us to carry out the service and no service can be performed
within this period unless the Customer expressly requests we do so.
- To exercise the
right to cancel, the Customer must inform the company of their decision to
cancel this Agreement in writing by clear statement (e.g. a letter sent by
post, fax or email). The Customer may use the model cancellation
- If the Customer
requests any service to be provided during the 14 day period then they
will lose the right to cancel this Agreement. The Customer shall pay
the Company an amount which is in proportion to that service performed
until they communicated their cancellation of the Agreement.
- If the Customer
cancels this Agreement, the Company will reimburse to the Customer all
payments received from the Customer under this Agreement, without undue
delay, and not later than:-
- 14 days after
the date on which the Company receives any Goods back; or
- (if earlier) 14
days after the day you provide evidence that the Customer has returned
any Goods; or
- if there were
no Goods supplied, 14 days after the day on which the Company are
informed about the Customer’s decision to cancel this Agreement.
- The Company will
make the reimbursement using the same means of payment as the Customer has
used for the initial transaction, unless the Customer has expressly agreed
otherwise, but in any event the Customer will not incur any fees as a
result of the reimbursement.
- The Company may
withhold reimbursement until the Company has received any Goods back or
the Customer has sent evidence of having sent back any Goods to the
Company, whichever is the earliest. The Customer should send back
any Goods or deliver them back to the Company at the address shown
overleaf, without undue delay and in any event not later than 14 days
after the day on which the Customer communicates cancellation of this
Agreement to the Company.
- This deadline is
met if the Customer sends back any Goods before the period of 14 days has
expired. The Company will require that the Customer bears the cost
of returning any Goods to the Company.
25. Return of Parts
- The Customer
must take reasonable care of any Goods whilst they are in the Customer’s
possession. The Customer will be responsible for any loss or damage from
when they are delivered to the Customer until and when they are returned
to the Company.
- The Customer is
liable for any diminished value of any Goods resulting from the handling
other than what is necessary to establish the nature, characteristics and
functioning of the Goods.
- Dispute Resolution
26.1 In the event of a complaint or dispute of any kind our complaints
handling procedure which can be found on our website at
www.jaybee.co.uk and is
available from the Company on request.
26.2 Where the Customer’s complaint cannot be resolved, once the
Customer has exhausted the Company’s internal process the Customer may refer
the dispute to the following ADR processes,
26.2.1 where the Customer’s complaint does not relate to a financial service
our ADR provider is
the National Conciliation Service
who can be contacted on 01788 538317 should a dispute arise.
For details of this service the Customer can
contact them on 01788 538317
26.2.2 where the Customer’s complaint relates to Financial Services, the
Financial Ombudsman Service. This service is free to use. Their consumer
helpline is available on 0800 023 4 567 or 0300 123 9 123 or you can visit
their website at
email them at
or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
26.3 Where any dispute cannot be resolved through ADR, this Purchase
Order and Contract shall be governed by and construed in accordance with the
laws of England and Wales and shall be subject to the exclusive jurisdiction of
the English Courts.
- Statutory Rights
Where the Customer is acting as a consumer, nothing in this contract is
intended to exclude or limit the Customer’s statutory rights.