Terms of Business
1. These are the sole conditions on which Fish Brothers (Swindon) Ltd, incorporating Faringdon Garage, Orbit Vehicle Services, and any franchise operated, hereafter called ‘The Company’ contracts with the Customer as named on forms and contracts.
2. All estimates for work done are valid for 14 days from the date of dispatch of the estimate by the Company to the Customer. If a customer deposits a vehicle with the Company for the purpose of the company preparing an estimate, then a storage charge based on the Company’s storage rates will be made to the Customer operating from the Fifteenth day, unless the estimate is accepted by the customer within fourteen days of its despatch by the Company, or the vehicle moved from the premises by the Customer within that time.
3. All prices quoted by the Company for parts are based on the prices current at the time of preparing the estimate and the Company reserves the right to increase such prices to the Customer, if the price to the Company is increased between preparing the estimate and obtaining the parts in order to carry out the work. The Company reserves the right to sub-contract all or any of the work.
4. If for any reason the work requested by the Customer is not carried out in full, the Company will charge a reasonable amount for the work carried out.
5. Any variation agreed between the Company and the Customer in the work to be carried out will be deemed to be an amendment to this contract and shall not constitute a new contract.
6. The company will use its best efforts to carry out the work in the time notified to the Customer but time shall not be of the essence and no liability is accepted for any delays.
7. Work will be deemed to be complete when the Customer is advised by the Company that such work is complete. The Customer will pay for the Company for all of the work done and materials supplied as well as any storage charges, before the vehicle may be removed from the premises. If the customer fails to pay the amount due and fails to collect the vehicle within seven days of being advised that the repairs have been completed, the Company will charge for storage as its current rates. The Company may sell the vehicles if Customer fails to pay and collect it within three months of being notified that the work has been completed and the Company’s intention to sell it. Upon such a sale the Company shall pay the balance of the proceeds of the sale to the Customer after deducting all its charges.
8. The Company is only responsible for loss or damage to any vehicle or its accessories or contents caused by its negligence. The Company advises the Customer to remove from the vehicle all items of value not related to the vehicle.
9. All parts replaced during service or repair except those that have to be returned to the manufacturer or suppliers under warranty or service exchange arrangements will be retained by the Company for the Customer until the time when the vehicle is collected by the Customer. If the Customer does not specifically ask to take possession of such replacement parts when collecting the vehicle they will become the property of the Company to dispose of as it deems fit.
10. 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 Customers recorded address.
11. The Company warrants that all genuine franchise parts fitted to a vehicle under warranty will be free from defects for the remainder of that vehicle’s warranty. In respect of the parts that are supplied or fitted the Company assigns to the Customer the benefit of any applicable manufacturer’s warranty. The Company warrants its work free of defects for a period of 6 months or 6,000 miles, whichever occurs the sooner from the date of the completion of the work.
12. It is a condition of acceptance of a Customer’s instructions that the Company is authorised (1) to carry out any additional work of a minor or incidental nature, which the Company in its absolute discretion considers necessary to properly comply with the Customers instructions and (2) to supply and fit any materials necessary for such purpose.
13. The Company reserves the right to make a 17.5% handling charge on goods returned against orders correctly supplied. Non stock orders specially supplied and of mercentable quality cannot be returned for credit.
14. All parts shall remain the absolute and unencumbered property of the Company until such time that the Company has received clear payment in full respect of them. If a part is mixed with or incorporated in other goods but remains capable of being detached or separated the company shall continue to retain property in and title to the part.
15. If the Customer shall become bankrupt or insolvent or make any arrangements with creditors or suffers a receiver of its effects to be appointed or being a body corporate enters into liquidation other for the purpose of amalgamation the Company 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 of all work done and the goods and services rendered by the Company shall immediately become payable. In the case of reciprocal trading the Company shall retain the right to deduct any monies owing to it from the Customer’s reciprocal account immediately in the case of the Customer’s insolvency or when monies owed to the Company become overdue.
16. All charges unless on an approved credit account or other agreed in writing are strictly nett and are due at or before delivery and the Company may demand deposit before commencing or in the course of any work. The Company reserves a general lieu over all property of the Customer in the company’s possession for the total indebtedness of the Customer to the Company by way of money or due for work done or materials and goods supplied, storage charges and any other expenses and costs arising in relation to each and any Vehicle of the Customer. Any vehicle removed from the Company’s premises without permission will be considered to have been stolen.
17. The Company reserves the right to charge the Customer the prevalent court rate on invoices outstanding after their due date.
18. Non stock items specially ordered and of mercentable quality cannot be returned for credit
19. Nothing contained herein shall affect the Customers statutory rights
20. For supply or parts or repairs to Private Hire or Taxi vehicles, no warranty is given or implied. Fish Brothers (Swindon) Ltd will accept no responsibility for loss of earnings or associated costs in the event of mechanical failure on such vehicles.
The Data Protection Act
Under the terms of the Data Protection Act 1998, we have a legal duty to protect any information from you and to inform you of the circumstances under which we will use it. The information you have provided to us will be stored on our internal computer system which will be accessed only by Fish Brothers and will be used from time to time for sending you relevant information which we believe you may be interested in. This information will not be disclosed to any other parties and will not be used for any purpose other than the above. This statement was last updated on 19th August 2004.
Website Privacy and Legal Information
Fish Brothers has made every effort to ensure the accuracy of the information contained in this site.
Whilst every effort is made to produce up to date products and specifications, this site should not be regarded as an infallible guide to our vehicles products and services, nor does it constitute an offer for the sale of any particular vehicle.
All rights, including copyright and database right, in the website and its contents, are owned by or licensed to Fish Brothers, or otherwise used by Fish Brothers as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from Fish Brothers or the copyright holder.
You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.
Fish Brothers reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. Fish Brothers reserves the right to monitor submissions to the site and to edit or reject any submissions.
We try to ensure that information on our site is accurate, complete and up-to-date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use the site.
Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'AS IS' and on an 'IS AVAILABLE' basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.
In no event will Fish Brothers be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.
Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.
All names, images, logos identifying Fish Brothers are proprietary marks of Fish Brothers. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. Fish Brothers does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
Fish Brothers does not represent, warrant, endorse or hold esponsibility over any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of Fish Brothers and you visit entirely at your own risk.
The software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software - we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. Fish Brothers cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.
Aggregated Site Usage Statistics
Cookies may be placed on your computer, phone or other Internet device to provide us with aggregated data of the usage of this site and the mediums which are driving traffic to the site. The data gathered by these is aggregated and therefore your individual usage of this site cannot be attributed to you.
Essential Site Features
Cookies may be placed upon your computer, phone or other Internet device in order to provide essential site features such as allowing you to compare different cars in stock and complete enquiry forms quickly.
Complimentary Site Features
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.
Fish Brothers reserves the right to change any of its terms and conditions at any time by posting changes online.
If you do not accept these terms in full, you must stop using this website immediately.
ALTERNATIVE DISPUTE RESOLUTION
Whilst we always aim to help customers wherever possible, if you remain dissatisfied with the outcome and explanation we have provided, we would recommend you contact Motor Codes. Motor Codes is a member of the Chartered trading Standards Institute approved consumer codes scheme and is a provider of Alternative Dispute Resolution (ADR), offering conciliation and arbitration. You can contact them via www.motorcodes.co.uk or on their advice line 0800 692 0825.
Their decision will be legally binding on both Fish Brothers (Swindon) Ltd and you, as the customer.