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1. These Terms and Conditions
1.1 These terms and conditions (Terms) set out how we, FRANK G. GATES LIMITED supply vehicle repairs and services (Services) to you. Please read these Terms carefully before making a booking with us as they set out important information, including:
1.1.1 who we are;
1.1.2 how you can make a booking for Services;
1.1.3 how and when a contract is formed between you and us; and
1.1.4 how a contract between us can be brought to an end.
2. Where to find information about us and our services
2.1 You can find everything you need to know about us, Frank G. Gates Limited, and the Services on our website (www.gates.co.uk), from our customer services team and from staff at our dealerships.
2.2 If you make a booking with us, we will confirm the details of that booking with you in writing.
3. Business Customers and Consumer Customers
3.1 In these Terms, you will have different rights according to whether you are a consumercustomer or a business customer.
3.2 You are a consumer customer if you are not buying Services for a reason which are wholly or mainly in connection with your trade, craft, business or profession (i.e., you are buying the Services for non-commercial, personal, purposes). If you are buying Services for a reason which is wholly or mainly in connection with your trade, craft, business or profession, then you are a business customer.
3.3 Most clauses in these Terms apply to both business customers and consumer customers, however:
3.3.1 clauses 10, 16, 21 and 25 apply only to consumer customers; and
3.3.2 clauses 22 and 26 only apply to business customers:
4.0 Making a booking
4.1 You can make a booking for Services:
4.1.1 on our website;
4.1.2 via the Ford Pass app (available for download on Apple and Android);
4.1.3 by calling our customer service centre (the details for which are on our website); or
4.1.4 in person, at any of our dealerships.
4.2 Once you have made a booking with us, you will receive an email to confirm the booking and the Services you have requested (Booking Confirmation). However, please note receipt of a Booking Confirmation does not mean a binding contract is formed between us and you. A binding contract will only be formed between you and us when:
4.2.1 you drop your vehicle at the dealership set out in Booking Confirmation and hand the keys to your vehicle over to us; or
4.2.2 if you have chosen to have your vehicle collected, at the point at which we take your vehicle.
4.3 Please note that there may be times when we are unable to accept your booking. If this is the case, we will contact you to let you know and will refund you any amounts you paid when making the booking.
5. Quotations
5.1 Any quotation we provide you for Services is only valid for 24 hours from when the quotation is issued.
6. Drop off and collection
6.1 If you have chosen to drop off your vehicle at one of our dealerships, you must do so on the date and at the time as set out in the Booking Confirmation. If you fail to do so, we reserve the right not to accept your vehicle, to cancel your booking and in these circumstances no contract will be formed between us for the supply of the Services.
6.2 Similarly, if you have chosen to have us collect your vehicle, you must make your vehicle available for collection on the date, at the time and at the location as set out in the Booking Confirmation. If you fail to do so, we will not be able to collect your vehicle and will cancel your booking. In such circumstances, no contract will be formed between us and you for the supply of the Services.
6.3 You must ensure that, unless otherwise agreed between us and you in writing, your vehicle is in a legal, safe and roadworthy condition. Prior to either drop-off or collection you must notify us of any defects and/or modifications which could be considered dangerous.
6.4 If, on either drop-off or collection, we determine that your vehicle is not in a legal, safe and roadworthy condition (including if it us subject to a dangerous defect and/or modification) we reserve the right to cancel your booking. In such circumstances, no contract will be formed between us and you for the supply of the Services.
7. Personal belongings
7.1 Please ensure that you remove all personal belongings and other items from your vehicle before either dropping it off at one of our dealerships or allowing us to collect it.
7.2 You expressly acknowledge and agree that any items you do leave in your vehicle are left entirely at your own risk and that we shall have no liability to you, whatsoever, for any loss of, or damage to, such items whilst your vehicle is under our control.
8. Cancelling or amending a booking
8.1 If you need to cancel or amend a booking, please telephone us using the contact details on our website.
9. Failure to collect your vehicle
9.1 If you fail to collect your vehicle within seven days of us notifying you that it is ready for collection, we will do what we reasonably can to contact you in order to arrange returning your vehicle to you.
9.2 If, after 21 days of us having notified you that your vehicle is ready for collection and, despite us doing what we reasonably could to arrange the return of your vehicle to you, you have still not collected your vehicle, then you authorise us to do one of the following:
9.2.1 return the vehicle to the address you provided us with when making your booking (in which case you will be responsible for all costs reasonably incurred by us in doing so); or
9.2.2 request the logbook from the DVLA and sell the vehicle.
9.3 If we sell your vehicle under clause 9.2.2, we shall account to you for the proceeds of sale, but shall deduct from such proceeds of sale an amount equal to:
9.3.1 any outstanding amounts you owe to us in respect of Services supplied but not paid for (if any); and
9.3.2 our reasonable costs incurred in selling your vehicle.
10. Consumer Right to Cancel
10.1 This clause 10 applies only to consumer customers.
10.2 If you chose to have your vehicle collected (rather than dropping it off at one of our dealerships) and you are a consumer customer, you have the right to cancel the contract formed between us and you within 14 days of the day we collected your vehicle (the so-called “cooling-off period”).
10.3 By handing your vehicle over to us when we come to collect it, you are expressly permitting us to start providing the Services during the cooling-off period. This means that:
10.3.1 if you exercise your right to cancel during the cooling-off period, you will have to pay us for the Services we have performed up to the date of cancellation; and
10.3.2 if we completed the Services within the cooling-off period, you will lose your right to cancel and will be required to pay for the Services we have performed in full.
10.4 To exercise your right to cancel, you must inform us of your decision to cancel the contract within the cooling-off period by a clear statement (e.g. by contact our customer service team). You may use the model cancellation form which can be found here, but you are not obliged to do so.
10.5 Exercising your right of cancellation during the cooling-off period will not affect the rights you have if we were defective in our supply of the Services.
11. Supply of Services and Goods
11.1 We will perform the Services as set out in the Booking Confirmation or as otherwise agreed between you and us.
11.2 As part of the Services, we may be supplying you with certain goods (e.g., replacement parts). We will ensure that any goods supplied by us are of satisfactory quality and fit for purpose.
11.3 You will own, and be responsible for, any goods we supply you from the point at which you pay us in full for them.
11.4 Parts, if “manufacturer approved” may benefit from a warranty. For more information on this please see https://www.gates.co.uk/service-repair/manufacturer-approved-parts/ or otherwise speak to a member of our customer service team.
11.5 In these Terms, when we refer to Services, we are also referring to any goods we may be suppling to you in connection with those Services.
12. Removal of parts
12.1 Unless you specifically ask us to do otherwise, all parts we remove from your vehicle for replacement will either be disposed of by us or otherwise returned to the manufacturer. If we are disposing of any part, we will do so in accordance with all applicable environmental laws and regulations.
13. Increases in VAT
13.1 If the rate of VAT changes between the date on which we send you a Booking Confirmation and the date we supply the Services (as set out in the Booking Confirmation), we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
14. Price and Payment
14.1 The price you will pay for the Services will either:
14.1.1 be as set out in the Booking Confirmation; or
14.1.2 otherwise confirmed with you either in writing or over the telephone (this will be the case if we discover a problem with your vehicle during the course of performing the Services).
14.2 Depending on the Services, you may be required to make payment at the time of making your booking. However, in some circumstances payment may not be due until we have completed the Services. If this is the case, we will not release your vehicle to you until you have paid us in full for the Services provided. If you fail to pay us within seven days of us completing the Services, we will have the right to charge you our reasonable costs incurred in storing your vehicle until such time as you do pay us and take your vehicle.
14.3 Please note that if you have in place a valid service plan (either with us, Ford or another provider), the amount you pay to us for the Services will be reduced according to the terms of such service plan. However, you will be responsible for any shortfall between the price payable for the Services and what your service plan covers.
15. We Are not responsible for delays outside our control
15.1 If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial, you can contact our customer service team (using the contact details on our website) to end the contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.
16. You have rights if there is something wrong with your service
16.1 This clause 16 applies only to consumer customers.
16.2 If you think there is something wrong with the Services we have provided, please contact our customer service team (using the contact details on our website) who will do their best to assist.
16.3 We honour our legal duty to provide services and goods that are as described and that meet all the requirements imposed by law.
17. Changes to the services and these terms
17.1 We can always change the Services:
17.1.1 to reflect changes in relevant laws and regulatory requirements; and
17.1.2 to make minor technical adjustments and improvements (provided such changes do not affect your receipt of the Services).
17.2 We may also need to make more substantial changes to the Services and to these Terms. If we need to do this, we will give you as much notice as possible. If you do not agree with the proposed changes, you can cancel your booking or the contract and receive a full refund of any money paid for Services we have not provided.
18. Suspending the supply of the services
18.1 We may need to suspend the supply of the Services and this may be to:
18.1.1 deal with technical problems or make minor technical changes;
18.1.2 update the Services to reflect changes in relevant laws and regulatory requirements; or
18.1.3 make other changes to the Services (see clause 17.2).
18.2 We will contact you in advance to tell you we are suspending supply of the Services, unless the problem is urgent or an emergency. If we suspend the Services for more than one week, you can contact our customer service team to either cancel your booking or end the contract and we will refund any sums you have paid in advance for Services you will not receive.
19. We can withdraw services
19.1 We can stop providing the Services, and if we do this, we will give you as much notice as we can. If we do this, we will automatically cancel your booking or the contract and will refund any sums you have paid in advance for Services you will not receive.
20.Our right to end the contract
20.1 We can end the contract with you and claim any compensation due to us if:
20.1.1 you fail to make any payment to us when it is due and you still do not make payment within seven days of our reminding you that payment is due; or
20.1.2 you do not, within a reasonable time of us asking for it, provide us with the information or cooperation we require to provide the Services.
21. Our liability to you if you are a consumer customer
21.1 This clause 21 only applies if you are a consumer customer.
21.2 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
21.2.1 unexpected, i.e., it was not obvious that it would happen and nothing you said to us before we commenced supplying the Services should have expected it (so, in the law, the loss was unforeseeable);
21.2.2 caused by a delaying event outside our control, as long as we have taken the steps set out in clause 15;
21.2.3 avoidable, i.e., something you could have avoided by taking reasonable action, including following our reasonable instructions; or
21.2.4 a business loss, (in which case our liability will be as set out in clause 22).
22. Our liability to you if you are a business
22.1 This clause 22 only applies if you are a business customer.
22.2 Subject to clause 22.3 and clause 22.4, our maximum aggregate liability to you for all claims arising out of or relating to this contract (howsoever arising) shall be limited to 100% of the price paid or payable under the contract.
22.3 Nothing in these Terms shall exclude or limit the liability of either you or us for:
22.3.1 death or personal injury arising from negligence;
22.3.2 fraud or fraudulent misrepresentation; and/or
22.3.3 any liability which may not otherwise be limited or excluded under applicable laws.
22.4 Subject to clause 22.2 and clause 22.3, we will not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise for any: loss of profits; loss of sale or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; and/or indirect or consequential loss
23. Personal Data
23.1 How we use any personal data you give us is set out in our privacy notice which can be found at https://www.gates.co.uk/site/privacy-policy/.
24.Complaints and Disputes
24.1 If you have a problem with the Services you have received, please contact our customer services team (using the details on our website). Our customer service team will deal with any complaint you may have to the best of their ability and in accordance with our complaints policy, a copy of which can be found at https://www.gates.co.uk/site/complaints-procedure-general/.
24.2 If you are unhappy with how we have dealt with any problem you had with the Services, you can try and settle the dispute via alternative dispute resolution. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Motor Ombudsman through their website at https://www.themotorombudsman.org/kb-cats/dispute-resolution. If you are not satisfied with the outcome you can still go to court.
25. Applicable law if you are a consumer customer.
25.1 This clause 25 applies only to consumer customers.
25.2 These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
26. Applicable law if you are a business customer.
26.1 This clause 26 applies only to consumer customers.
26.2 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
26.3 We and you irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
27. Other Important Terms
27.1 We can transfer a contract with you, so that a different organisation is responsible for supplying the Services. We will tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
27.2 However, you can only transfer a contract to someone else with our consent. However, you may be able to transfer a guarantee/ warranty relating to a specific part (see clause 11.4) to a new owner of your vehicle, but this will depend on the terms of the particular guarantee/ warranty.
27.3 This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
27.4 If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
27.5 We might not immediately enforce any of our rights under a contract (for example, seeking payment from you on the date payment is due). However, this doesn’t mean we can’t enforce our rights later.