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 dispatch 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.
Here at Fish Brothers (Swindon) Ltd, registered office, Ashworth Road, Swindon, SN5 7UZ, we take your privacy seriously and will only use your personal information for the following purposes to administer your account and to provide the products and services you have requested from us. Informing you during contact and for marketing purposes, gaining your consent about the way your data is obtained and processed by us, is a legal requirement of The General Data Protection Regulation (GDPR) which becomes law in May 2018.
We will contact you as advised with manufacturer and our nominated partner supplier to ensure the ongoing safety and care of your vehicle and any policies are maintained, and where consent is provided the replacement of your vehicle and car care related products.
We cross check your data with the DVLA to ensure accurate and timely communications can be made. We track data around email interaction to understand whether communications have reached you e.g. MOT reminders. We check driver and vehicle profiles including drive time, vehicle age and type of work due to help prioritise customer contact. We combine data from various sources into one place, to deliver a more personalised experience to you. We take steps to ensure that any businesses that we work with have security protocols and policies in place to manage and record your data privacy and preferences correctly and that your data is stored securely. The security of your data is paramount. Documentation can be supplied on request from our Data Protection Officer at – email@example.com.
Under the General Data Protection Regulation you have the right to:-
Request copies of your data, rectification of your data, erasure of your data, object to us or restrict the processing your data and where our systems allow, give electronic access to copies of your data in a digital format.
Full listing of our "Manufacturer(s) together with the Various Sources e.g. service plan and vehicle health check data can be found on our website www.fish-bros.co.uk. Further information on the GDPR policies we have produced is available on request by emailing firstname.lastname@example.org.
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 responsibility 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.
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Links to other websites
Our website contains or may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
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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 Ombudsman. Motor Ombudsman 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.themotorombudsman.org/ or on their advice line 0345 241 3008.
Their decision will be legally binding on both Fish Brothers (Swindon) Ltd and you, as the customer.