1.1 Set out below are the terms and conditions under which "the Company" carries out service and repair work on behalf of "the Customer".
1.2 No employee, servant or agent of the Company has any authority whatsoever except in writing to amend, vary, modify or waive any of these terms and conditions.
1.3 Nothing in these terms and conditions is intended to affect, nor will it affect the customer's statutory rights under the Sale of Goods Act 1979 or the Unfair Contracts Act 1977 and any amendment thereto.
1.4 "Goods means all Goods, parts and other things to be sold by the Company to the Customer whether or not supplied in conjunction with "the Work".
1.5 "Work" means any Work to be done by the Company whether by way of repair, servicing, fitting or otherwise.
2.1 Any estimate given by the Company shall be considered an approximation of the likely cost involved based upon such inspection as the Company can or is allowed to carry out at the time of giving the estimate.
2.2 Prices of Good are those current at the time of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the Goods.
2.3 Unless otherwise agreed in writing, if it appears during the process of any Work that the estimate will be exceeded by a significant amount, the Company will not continue the Work without further express permission (oral or written) from the Customer.
2.4 Unless otherwise stated all prices are exclusive of VAT and all prices are subject to VAT at the current rate.
The company will use its best efforts to do Work or supply Goods within any time period notified to the Customer but shall not be responsible for any delay in supplying the Goods or carrying out the Work howsoever caused and time shall not be of the essence.
4.1 Unless otherwise agreed in writing, delivery of the Goods shall be at the Company's premises.
4.2 All specially ordered Goods must be paid for at the time of ordering.
4.3 All Goods, other than specially ordered Goods, shall be paid for upon delivery or in accordance with any credit terms agreed in advance.
4.4 Work shall be deemed complete when the customer is advised by the Company that it has been completed and the Customer's motor vehicle is ready for collection. The Customer will pay for all Work done and Goods supplied and any storage charges before the vehicle may be removed from the Company's premises.
4.5 Interest at the rate of 4% above the Royal Bank of Scotland's base rate from time to time (both before and after judgment) will be charged from the due date of payment until payment.
5.1 If the Customer or their agent deposits a vehicle with the Company for an estimate, the storage charge based on the Company's current rate will be made to the Customer from the day after despatch of the estimate unless it is accepted by the Customer within three days of despatch or the vehicle is removed from the premises within three days of such despatch.
5.2 If the vehicle is not collected by the Customer within forty eight hours of being advised that all Work is complete, the Company may charge for storage of the vehicle at its current rate.
The Company may sell the vehicle if the Customer fails to pay any monies due to the Company after it has been notified that the Work has been completed and the Customer is given one month's notice of the Company's intention to proceed to sell it.
Upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after deducting all monies due to the Company (Whether arising for the latest or earlier Work) and all costs of sale.
6.1 The Customer should remove any items of value not related to the vehicle and in respect of any loss or damage which is not the responsibility of the Company must rely upon their own insurance. The Company's only responsibility for loss or damage to any vehicle or its accessories or contents caused by the negligence of the Company or its employees. Except in respect of death, personal injury, the liability of the Company to the Customer for any direct loss, damage, costs or expenses shall be limited to £2m in respect of any one event or series of connected events.
6.2 Except in respect of death or personal injury by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation or implied warranty condition or other term or any duty at common law or under these Terms for any consequential loss or damage (whether for loss of profits or otherwise) costs or expenses whatsoever (and whether caused by the negligence of the Company, its employees, agents or otherwise) arising out of or in connection with the supply of the Goods or the provision of Work or their use or resale by Customer except as expressly stated in these Terms.
6.3 The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in any failure to perform any of its obligations if they delay or failure is due to any cause beyond the Company's reasonable control.
7.1 Subject to clause 7.2 Goods will be accepted back for credit, provided that the Customer returns the Goods (in the same condition as when supplied) together with all original packaging within 5 working days of delivery and the Goods were not specifically ordered by the Customer. The Company reserve the right to charge a handling fee of 20% for goods accepted back for credit.
7.2 Goods which are not normally stocked and therefore specially ordered from a supplier cannot be accepted back for credit under any circumstances.
8.1 The Company warrants its Work free of defects in workmanship for a period of 12 months or 12 thousand miles, whichever occurs sooner from the date of completion of the Work.
8.2 Subject to clause 8.3, the Company warrants that all parts will be free from defects in material and Workmanship for 12 months from sale by the Company in respect of any parts fitted or other Goods the Company assigns to the Customer the benefit of the applicable manufacturer's warranty. Any Goods sold but not fitted will, subject to clause
8.3 be replaced from production of the invoice but the Company will not fit the Goods.
8.4 No warranty will apply if and to the extent that a defect is caused or worsened by any of the following:
8.5 If the Work includes painting, then if the metal to be painted is rusted every reasonable precaution will be taken to prevent the rust penetrating the paint after completion of the Work, but no warranty can be given in this respect or to the effect that the new paintwork will match existing paintwork exactly.
Gift Vouchers are issued by and are the property of The Garage (Whitburn) Limited (TGW) whose registered office is at Longridge Road, Whitburn, West Lothian, EH47 8JA, United Kingdom. TGW Gift Vouchers are sold subject to these Terms and Conditions and by purchasing a TGW Gift Voucher you will be deemed to have read and accepted these Terms and Conditions. TGW Gift Vouchers may be cancelled after issue if payment is declined or incorrect cardholder details and/or billing information have been supplied.
Each TGW Gift Voucher features a unique reference code, expiry date and:
The Garage (Whitburn) Limited Gift Vouchers are subject to the laws of Scotland and the courts of Scotland shall have exclusive jurisdiction in relation to any disputes.
The Garage belongs to the Motor Ombudsman, we have signed up to the Service and Repair Code. We are committed to: -
The Garage (Whitburn) Limited aim to always provide a very high standard of service to each and every customer. Accordingly, we attach great importance to ensuring that all complaints are resolved as quickly and efficiently as possible to the complete satisfaction of any customer in line with the Motor Ombudsman.
The following procedure explains how any complaint will be dealt with and what you are able to do in the event that you feel your complaint has not been resolved to your complete satisfaction.
If you have a complaint:
If you have a complaint about any aspect of our service then we would like to hear from you.
You can contact us by telephone or in writing, the appropriate person will then aim to resolve your complaint as quickly as possible.
To help us investigate and resolve your complaint without delay, in the first instance, please contact the person that you dealt with and provide the following information: -
Upon receiving all of the above listed information we will do our utmost to resolve your complaint immediately. However, sometimes this may not always be possible.
In the unlikely event that we are not able to resolve your complaint by the end of the next business day, we will keep you informed of our progress and provide a final response in writing to include all findings and any action we are taking to resolve matters.
If you have any questions or queries about our complaints handling procedure, please feel free to contact The Garage (Whitburn) Limited
To register a complaint contact us by: -
Telephone: 01501 744012
or write to: The Garage Whitburn Limited, Longridge Road, Whitburn, EH47 8JA
If you are not satisfied with our final response, you may refer the matter to the Motor Ombudsman Service.
The Motor Ombudsman is a certified Alternative Dispute Resolution (ADR) provider who can assist with disputes that arise between consumers and Code-accredited businesses.
First of all, you need to give the business the chance to sort things out.
Get in touch with them to explain what's happened and let them know how you would like things to be put right.
To make a complaint to the Motor Ombudsman you need to fill out their online enquiry form and provide copies of any relevant documentation – including a copy of the accredited business' final response if one has been received.
Download and complete their enquiry form:
Then email it to firstname.lastname@example.org
Alternatively you can post completed forms to:
The Motor Ombudsman
71 Great Peter Street
The form is important because it gives The Motor Ombudsman the authority to have a look into the complaint for you – and it means they should have all of the information they need to consider things.
You are welcome to use this website subject to the following terms and conditions.
You may view, use, download and store the material on this website for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without our prior written consent is prohibited.
The information in this website is given in good faith and is believed to be accurate. It is subject to change without notice. Nothing on this website is intended to be, nor should be considered to be an offer to enter into a contractual relationship.
This website may contain links to other websites. We accept no responsibility or liability for the content of other websites which are not under our strict control or for the content of any third party advertisements on the website. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website. You may not create a link to this website from another website or document without our prior written consent.
Use of this web site may require you to submit details such as your name, address, e-mail address and telephone number. We need this information to enable us to monitor your feedback on The Garage (Whitburn), and for MOT and services. We may use information you provide to advise you of special offers and inform you about new or improved garage products and services. We will NOT disclose your information to any third party, at any time. You should be aware that it is impossible to guarantee the security of any data disclosed via the internet. However, we have taken all reasonable steps to protect your personal information. The Garage (Whitburn) Limited is an independent Garage, Longridge Road, Whitburn, EH47 8JA Telephone 01501 744012.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.
Company: The Garage (Whitburn) Limited
Author: Catriona Robertson
Date Created: 18/06/2018
Version Number: V1.0
Change/Verification Frequency: Annual or upon any material change
Below are our policies to comply with GDPR legislation. Our Data Processing Officer is Catriona Robertson. All queries and information requests should be forwarded to her in writing.
Booking Information. We collect details of all garage appointments that are made in our company 12 month diary. We record the name, phone number, vehicle registration number, the purpose of the appointment, the date of the appointment and an estimate of costs where required. The system is paper based and the diaries are destroyed after 5 years.
Work Orders. We collect the vehicle registration number, the customer name and the work we undertake on the vehicle. The system is paper based and the work orders are destroyed after 12 months.
Quotations. The quotation contains the name of the customer, the date the invoice was prepared and the estimate for undertaking the work. The quotations are in paper form [and an electronic form stored on our Quotation system], paper based quotations are stored at our premises. Both formats are stored for 6 years after the customer account becomes dormant.
Invoices. The invoice contains the name of the customer, the date the work was completed and the charges. The invoices are in paper form, stored at our premises and in an electronic format at our designated accountants. Both formats are stored for the statutory 6 years after the end our financial year end. Records are then destroyed.
[Customer Records/Quotation System. We use 3rd Party software to maintain a customer file which contains customer name, address, phone number, email address, vehicle details, invoices and work carried out upon the vehicle. Our 3rd Party software supplier is GDPR compliant. Data is stored for 6 years after the end of our financial year end.]
[Customer Records/Quotation System. We use our own in-house software to maintain a customer file which contains customer name, address, phone number, email address, vehicle details, invoices and work carried out upon the vehicle. Our 3rd Party software supplier is GDPR compliant. . Data is stored for 6 years after the end of our financial year end.]
All of the data that we store and process is covered under a Contractual Requirement, A legislative Requirement or Legitimate Interest as defined under the provisions of the GDPR.
Data Sharing. Data is only shared with other organisations or entities as described above to comply with statutory record keeping.
Marketing. Data may be used to communicate with customers about MOT renewal dates, service reminders and promotional information relevant to the services we offer. These communications are included as they are classified as being of Legitimate Interest to the recipient. We will cease all communications to customers if the customer account is dormant for more than 3 years. Should the recipient wish to be excluded from these communications, they must write to us to confirm their request and we will exclude them for future communications within 40 days of receipt of the request.
In terms of subject access to view the data we hold
Subject Access. In terms of providing copies of the data we hold, we will upon receipt of a written request provide hard copies of any invoices, quotations and work orders within 40 days of receiving the request.
Individual Data Rights. In terms of providing the right to erase data, data portability and the right to object we are obliged to follow the request as determined by the nature of the data and its processing as defined in the table below.
All requests must be submitted in writing and will be actioned within 40 working days of receiving the request. The right to portability only applies to data that is processed electronically.
As an automotive workshop, our primary use for holding and processing Individual data is for contractual and legislative purposes.
We do not share data with any third parties outside of the provision of contractual or legislative services.
We may from time to time communicate with individuals to notify them when the Government mandated MOT inspection is due or to inform them of Legitimate Interest products or services.
We have a current registration with the ICO for the processing of data and follow the principles of the GDPR act in all matters related to the handling of personal data.
We have produced policy documents as listed below to cover specific areas of data use. The documents are listed below and are appendices of the General Policy Statement.
GDPR Customer policy
GDPR Staff Policy
GDPR Supplier Policy
GDPR Permissions Policy
GDPR Data Security Policy