Customer Terms and Conditions

Langlands Road Garage

Effective date  January 2017

These Terms and Conditions apply when Langlands Road Garage supplies vehicle inspection, MOT testing, diagnostics, servicing, repairs, tyres, parts, recovery-related assistance, or vehicle collection and delivery services. They explain how work is authorised, how charges are calculated, when payment and collection are due, and the rights and responsibilities of both the customer and the Garage.

Nothing in these Terms affects the customer’s statutory rights. In particular, where the customer is a consumer, services must be performed with reasonable care and skill and goods must meet the standards required by the Consumer Rights Act 2015.

1  About us

1.1  “Garage”, “we”, “us” and “our” mean the business trading as Langlands Road Garage at 307 Langlands Road, Govan, Glasgow G51 4AW.

1.2  Telephone: 0141 445 1468. Website: langlandsroadgarage.co.uk. Customers may also contact us using the contact details or messaging facilities shown on the website.

1.3  “Customer”, “you” and “your” mean the person or organisation requesting or authorising the Services. “Vehicle” includes a car, van, bus, camper van or other vehicle accepted by us. “Services” means the work, inspection, testing, parts, collection, delivery or other services agreed between us.

2  Bookings and formation of the contract

2.1  A booking request is not binding until we accept it. A contract is formed when we confirm a booking, accept the Vehicle, begin authorised work, or otherwise confirm that we will provide the Services.

2.2  You confirm that you own the Vehicle or have the owner’s authority to instruct us, approve work and incur charges. You must provide accurate contact, Vehicle and fault information and tell us about any relevant security device, modification, immobiliser, locking-wheel key or safety issue.

2.3  We may decline or cancel a booking where we cannot safely or lawfully carry out the work, required parts or equipment are unavailable, information supplied is materially incorrect, or circumstances outside our reasonable control prevent performance. We will notify you and refund any amount paid for Services not supplied.

3  Estimates quotations and authorisation

3.1  An estimate is an informed indication of likely cost and is not a fixed price. A quotation is a fixed price for the work expressly described, subject to any stated assumptions, expiry date and exclusions.

3.2  Unless agreed otherwise, diagnostic investigation, dismantling and inspection are chargeable even if you decide not to proceed with a repair. We will tell you the applicable charge or charging basis before undertaking chargeable diagnostic work.

3.3  If further faults, damage or necessary work become apparent, we will seek your approval before carrying out work that materially exceeds the agreed scope or price. Approval may be given in person, by telephone, email, text message, WhatsApp or another agreed method. We may carry out minor incidental work without further approval only where you have expressly agreed a spending limit.

3.4  If you do not authorise recommended work, we may reassemble the Vehicle where reasonably practicable and safe. You remain responsible for authorised diagnosis, labour, parts already ordered or fitted, reassembly and any other agreed charges.

4  Prices and payment

4.1  Prices will be stated in the booking confirmation, estimate, quotation, job card or invoice. Prices quoted to consumers include VAT unless clearly stated otherwise. Trade or business prices may be stated exclusive of VAT.

4.2  Unless we agree credit terms in writing, payment is due in full when the Services are completed and before the Vehicle is released. We may require a deposit or advance payment for special-order parts or substantial work.

4.3  Payment may be made using the methods we accept at the time. You must raise any genuine invoice query promptly; the undisputed amount remains payable.

4.4  To the extent permitted by law, we may retain possession of the Vehicle until all sums properly due for work carried out on that Vehicle have been paid. We will not exclude or restrict any remedy available to you under consumer law.

5  Storage charges and uncollected vehicles

5.1  Workshop and parking space is limited. You must respond promptly when we ask you to approve or decline further work, pay an amount due, or collect or arrange delivery of the Vehicle.

5.2  We may charge storage where: (a) you do not provide a decision on recommended or proposed work within a reasonable period after we request one; (b) payment is not made when due; or (c) the Vehicle is not collected or accepted for delivery after we tell you it is ready or ask you to remove it.

5.3  Storage charges will begin only after we have given you written notice stating when the charges will start and the exact daily rate. Except where a shorter period is reasonable because the Vehicle presents a safety, access or operational risk, charges will not begin earlier than two working days after that notice.

5.4  The storage rate will be between £20 and £50 per Vehicle for each calendar day or part of a day. The exact rate will be set reasonably by reference to the Vehicle’s size, the storage space required, whether indoor or specialist storage is necessary, and the circumstances of continued retention. The rate applicable to your Vehicle will be confirmed in the written notice before charges accrue and will include VAT where applicable.

5.5  Storage charges continue until the Vehicle is collected, accepted for delivery, or otherwise removed by lawful arrangement. Storage is provided only as an incident of the Services and does not make us a long-term vehicle storage provider.

5.6  If the Vehicle remains uncollected, we may take reasonable lawful steps to recover the Vehicle, the sums due and our reasonable recovery costs. We will not sell, dispose of or otherwise deal with the Vehicle except in accordance with applicable law and after any notices required by law have been given.

6  Parts and customer supplied items

6.1  We may use original equipment, equivalent-quality, remanufactured or other parts as agreed with you. Availability and manufacturer or supplier terms may affect timing.

6.2  Removed parts will be disposed of unless you ask us before work starts to retain them, provided they are safe and lawful to return and are not required for exchange, warranty or environmental disposal.

6.3  We may agree to fit a part supplied by you, but may refuse if it appears unsuitable, unsafe, counterfeit or incompatible. We are responsible for fitting it with reasonable care and skill, but are not responsible for defects in a customer-supplied part or losses caused by such defects, except where the law does not allow that responsibility to be excluded.

7  MOT tests diagnostics and advisory work

7.1  An MOT test records whether the Vehicle meets the statutory test requirements at the time of testing. It is not a guarantee of the Vehicle’s general condition, future reliability or roadworthiness after the test.

7.2  Diagnostic findings reflect the information and symptoms available at the time. Some faults are intermittent or require staged investigation. We will explain further diagnostic work and charges where reasonably practicable.

7.3  You remain responsible for deciding whether to authorise advisory or recommended work. We may decline to release or drive a Vehicle where doing so would be unlawful, but any restriction on release will be applied only where permitted by law.

8  Completion dates and delays

8.1  Any completion date or time is an estimate unless we expressly agree in writing that it is fixed. We will perform the Services within the agreed time or, where no time is agreed, within a reasonable time.

8.2  We will keep you reasonably informed of material delays. We are not responsible for delay caused by parts shortages, supplier delays, hidden defects, additional authorised work, inaccurate information, or events outside our reasonable control, although this does not affect rights that cannot lawfully be limited.

9  Vehicle collection delivery and road testing

9.1  If we agree to collect or deliver the Vehicle, you must provide a safe, lawful and reasonably accessible location and ensure that an authorised person can release or receive it. Collection and delivery times are estimates.

9.2  You authorise us to drive, move and road-test the Vehicle where reasonably necessary for diagnosis, repair, quality control, MOT testing, collection or delivery. This may include a reasonable journey on public roads.

9.3  You must remove valuables and personal data or devices not needed for the Services. We are not responsible for items left in the Vehicle unless loss or damage results from our failure to take reasonable care.

9.4  When collecting the Vehicle, you should check it and promptly report any apparent concern. This does not reduce your statutory rights in relation to faults that were not reasonably apparent at collection.

10  Customer responsibilities and pre existing condition

10.1  You must tell us about known faults, unusual controls, modifications, dangerous contents and any issue that may affect safe working. The Vehicle must contain sufficient fuel or charge for necessary movement and testing.

10.2  We may record the Vehicle’s condition, mileage and fuel or charge level on arrival. We are not responsible for pre-existing damage, ordinary wear, or a failure that occurs because of the Vehicle’s existing condition, unless caused or worsened by our breach of contract or negligence.

11  Warranties and problems with our work

11.1  Any parts or labour warranty offered by us will be stated on the estimate, job card or invoice. A manufacturer’s or supplier’s warranty may apply to parts. Warranty coverage does not affect statutory rights.

11.2  If you believe our work is defective, contact us promptly and give us a reasonable opportunity to inspect the Vehicle and, where legally appropriate, repeat or remedy the work. Do not authorise another repairer to alter the relevant work before we can inspect it unless this is reasonably necessary for safety or to prevent further loss.

11.3  Warranty or remedial work does not cover unrelated faults, fair wear and tear, misuse, accident damage, failure to follow advice, unauthorised modification, or a defective customer-supplied part.

12  Liability

12.1  Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights, or any other liability that cannot lawfully be limited or excluded.

12.2  If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of contract or failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable, or for business losses where you use the Services wholly or mainly for personal purposes.

12.3  If you act wholly or mainly for business purposes, subject to clause 12.1, our total liability arising from the relevant Services will not exceed the total price paid or payable for those Services. We will not be liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, goodwill or anticipated savings. This clause applies only so far as it is reasonable and lawful.

13  Cancellation

13.1  You may cancel before work begins, but must pay for authorised work already performed and parts reasonably ordered for your job which cannot be cancelled or returned without cost. We will take reasonable steps to reduce avoidable costs.

13.2  Where a consumer contract is made entirely at a distance or away from our premises, statutory cancellation rights may apply. If you expressly ask us to begin Services during the cancellation period, you may have to pay a proportionate amount for Services supplied before cancellation. The right to cancel may be lost once Services have been fully performed with your prior express request and acknowledgement. Bespoke or specially ordered goods may also be subject to statutory exceptions.

14  Personal information

14.1  We use personal information to manage bookings, communicate about the Vehicle, supply Services, take payment, maintain service records, meet legal duties and handle complaints. Further information is available in our Privacy Policy on langlandsroadgarage.co.uk.

15  Complaints

15.1  Please raise a concern with us first so we can investigate. Contact Langlands Road Garage at 307 Langlands Road, Govan, Glasgow G51 4AW, telephone 0141 445 1468, or use the contact details on our website.

15.2  We will acknowledge and handle complaints within a reasonable time. This clause does not prevent you from seeking independent advice or using any court, ombudsman, alternative dispute resolution or enforcement process available to you.

16  General terms

16.1  If any provision is found unlawful or unenforceable, the remaining provisions will continue in effect. A delay in enforcing a right does not waive that right.

16.2  We may update these Terms from time to time. The version in force when the contract is formed will apply to that contract unless a change is required by law or is agreed with you.

16.3  No person other than you and us has a right to enforce these Terms.

17  Governing law and courts

17.1  These Terms and any dispute or claim arising from them are governed by Scots law.

17.2  If you are a consumer resident in Scotland, the Scottish courts will have jurisdiction. If you are a consumer resident elsewhere in the United Kingdom, you may bring proceedings in the courts of the part of the United Kingdom where you live, and any mandatory local consumer protections remain available to you. If you are acting for business purposes, the Scottish courts will have exclusive jurisdiction.

Important implementation note

Before publication, the Garage should confirm its full legal trading name, legal entity type, company number (if applicable), VAT number and customer-service email address. The exact storage rate must be stated in the written notice given to the customer before the charge starts. This draft should be reviewed by a Scottish solicitor to ensure that it matches the Garage’s actual booking, authorisation, warranty, insurance and vehicle-disposal procedures.