1.1 The signature overleaf of the Customer (as defined overleaf) shall be deemed to be the Customer’s acceptance of these Terms and Conditions.
1.2 The details set out overleaf form the basis upon which Swiftune Engineering Limited (“Swiftune”) accepts (i) the Car and/or Engine (as defined overleaf) into its custody and/or (ii) the Customer’s instructions to Swiftune to carry out the Services (also as defined overleaf and, where applicable in these Terms and Conditions the word “Services” includes the supply of Parts (as defined overleaf) including the supply of parts via telephone or online ordering). These are the Terms and Conditions upon which Swiftune will provide the Services to the Customer.
- Customer’s Responsibilities
2.1 The Customer must inform Swiftune of any information relating to the Car and/or Engine which might be relevant or helpful to Swiftune in carrying out the Services and the Customer will be responsible for any incorrect information supplied to Swiftune or for failing to inform Swiftune of any relevant information.
2.2 If the Customer is not the legal owner of the Car and/or Engine it is responsible for ensuring that it has the legal owner’s permission for the Services to be carried out, but in any event the Customer remains subject to these Terms and Conditions including having liability for the payment of Swiftune’s invoices.
3.1 Swiftune may subcontract all or any part of the Services if, in its absolute discretion, specialist services are required for the purpose of completing the Services.
3.2 Swiftune shall retain the ownership of all parts and materials supplied to the Customer and/or fitted to the Car and/or Engine by it and ownership will only transfer to the Customer upon settlement in full the invoice(s) for the Services rendered by Swiftune.
3.3 Swiftune reserves the right to increase its labour rates without any prior notice.
4.1 Any estimate of cost for the provision of the Services is Swiftune’s considered estimate of the likely cost of the Services, but all estimates are estimates only and are not to be treated as firm quotations.
4.2 Any estimate will be based on the cost for the Services at the time the estimate is given and be valid for 30 days.
4.3 Unless otherwise agreed in writing, if it appears during the provision of the Services that the estimated cost will be exceeded by more than 20% then Swiftune will notify the Customer as soon as reasonably possible and will not continue with the Services unless and until the Customer authorises Swiftune to do so.
5.1 Swiftune will store the Car and/or Engine at its premises whilst it is working on it and will take all reasonable precautions to ensure its security.
5.2 Swiftune will not charge for storage when the Car and/or Engine is in the workshop and the Services are being performed.
6.1 Swiftune will inform the Customer when the Services are complete and give notice when the Car and/or Engine is ready for collection. If the Car and/or Engine is not collected within 30 days of notice being given Swiftune reserves the right to place the Car and/or Engine into storage and will have the right to charge the Customer for storage at the rate of £20 plus VAT for a car and £10 plus VAT for an engine per week. All invoiced costs and any storage charges must be fully paid before collection.
6.2 Swiftune will test drive the Car (if it is a road car and not a race car) prior to informing that the Services are complete. In the case of work performed to an Engine, this will be dyno tested by Swiftune.
6.3 If the Customer arranges for a third party to collect the Car and/or Engine, the Customer must ensure that Swiftune is informed of the name of person or company collecting in good time prior to collection.
6.4 If the Customer fails to collect the Car and/or Engine within 3 months of Swiftune’s first notice to collect, then Swiftune shall be entitled to dispose of it in the manner permitted by Section 12 of the Torts (Inference with Goods) Act 1977.
7.1 The Car and/or Engine shall remain at the Customer’s risk at all times notwithstanding that the Customer has entrusted the Car and /or Engine to Swiftune.
7.2 The Customer shall insure the Car and/or Engine on an all risks policy at all times whilst the Car and/or Engine is in the custody of Swiftune and the Customer shall, on request, provide documentary evidence of such insurance.
- Estimates, Invoicing and Payment
8.1 The price of the Services may be increased above that given in any estimate by an amount attributable to (i) any suspension or alteration to the Services due to the Customer’s delay in providing instructions or changing its instructions, (ii) any variation in taxes and duties or other costs between the date of the estimate and date of the completion of the Services and (iii) any additional work found necessary to complete the Services, but not specified in the estimate.
8.2 All Swiftune invoices shall be paid within 30 days of the date of the invoice and Swiftune reserves the right to stop work on the Car and/or Engine if outstanding invoices have not been paid and place the Car and/or Engine into storage – the charging provisions in clause 6.1 shall apply.
8.3 Payment must be made in Great British Pounds unless otherwise agreed by Swiftune in writing and all invoices are subject to VAT at the prevailing rate, where applicable.
8.4 Swiftune reserves the right to charge interest on all or any part of any invoice not settled in full by the due date at a rate of 4% above the base lending rate of the Bank of England until paid.
8.5 Where Services are provided for the Car and/or Engine which is subject to an insurance claim, the Customer agrees at Swiftune’s request to sign any documents required by the insurer of the Car and/or Engine to authorise payment for the Services. If the insurer does not pay some or all of Swiftune’s invoices the Customer will be responsible for prompt payment of all unpaid sums.
- Events Outside Our Control
9.1 Swiftune will not be liable for any failure to perform, or delay in performance of, any of our obligations, under these Terms and Conditions that is caused by an Event Outside Our Control (“EOOC”). For the purpose of these Terms and Conditions an EOOC means an act or event beyond Swiftune’s reasonable control, including without limitation, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation from war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, strikes, lock-outs or other industrial action, unavailability or parts or materials or personnel.
9.2 If an EOOC takes place which affects the performance of Swiftune’s obligations under these Terms and Conditions it will contact the Customer as soon as reasonably practicable to notify it and Swiftune’s obligations under these Terms and Conditions will be extended for the duration of the EOOC. Where the EOOC affects Swiftune’s performance of the Services it will endeavour to restart the Services as soon as possible after the EOOC is over.
- Refunds and Returns
10.1 Any Parts which are supplied by Swiftune and which prove unsuitable may be returned for refund or exchange if they are returned to Swiftune within 7 days of receipt, subject to the following conditions (i) Parts should be returned unused in their original condition and have not been fitted or tampered with in order to secure a refund; (ii) Parts must be returned complete with all packaging in good condition.
10.2 Any Parts supplied by Swiftune which prove unsuitable and which are returned after 7 days from receipt will only qualify for a refund or exchange if Swiftune in its absolute discretion agrees and may be subject to a restocking charge of not less than 10 per cent of the charge for the Parts in question.
10.3 Swiftune will not accept the return of any Parts which have been specially ordered for the Customer or manufactured to the Customer’s specification.
10.4 All returned Parts are to be accompanied by the Customer’s name and address, order reference number (these are found on the invoice), and reason for return.
10.5 All carriage costs relating to returned Parts are to be borne by the Customer and Swiftune does not cannot accept responsibility for returned Parts which are undelivered (Customers should retain proof of postage etc in order to make a claim against their carrier).
10.6 Swiftune is not responsible for any labour or other charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied) Parts.
10.7 Customers must advise Swiftune’s Parts Department of any problems with shortages or carrier damage within 5 days of receipt. Swiftune regrets that beyond this time, due to circumstances beyond its control, it may be unable to process any returns request after that time.
11.1 If Swiftune fails to comply with these Terms and Conditions, it shall only be responsible for loss or damage suffered by the Customer which is a directly foreseeable result of Swiftune’s breach of these Terms and Conditions or Swiftune’s negligence, in either case up to the value of the charges for the Services only, and Swiftune is not responsible for any loss or damage that is not directly foreseeable, including any economic loss, or which is not the result of its breach of these Terms and Conditions or its negligence or any costs of removal or refitting of any Parts or replacement parts. Any particular loss or damage is directly foreseeable only if at the time of entering into this agreement it was an obvious consequence of Swiftune’s breach or negligence or it was clearly contemplated by both the Customer and Swiftune at the time of making this agreement. The Customer must make every effort to mitigate any loss and time shall not be of the essence in respect of the Services and accordingly Swiftune shall not be liable for any delay in supplying the Services.
11.2 Swiftune accepts no liability for any advice given to the Customer by any of its employees or agents (in any format) as to the application or use of any parts, unless such advice is confirmed in writing by Swiftune.
11.3 All risk in any Services (to include the provision of Parts) shall pass to the Customer on completion of the Services or earlier collection of the Car and/or Engine and/or delivery of the Parts. The Services (to include the provision of Parts) shall be deemed completed when the Customer or its agent collects the Car and/or Engine and/or Parts from Swiftune or when Swiftune dispatches the Parts to the Customer.
11.4 Title to any Parts Swiftune supplies to the Customer shall only pass once the Customer has paid the relevant invoice in full. Until ownership of the Parts has passed to the Customer, the Customer shall:
11.4.1 store them so that they remain readily identifiable as belonging to Swiftune;
11.4.2 not remove, deface or obscure any identifying mark or packaging on or relating to them; and
11.4.3 maintain them in satisfactory condition, keep them insured for their full value with a reputable insurer and ensure Swiftune’s interest is noted on the policy and on request allow Swiftune to inspect the Parts and the policy.
11.5 If before ownership of the Parts passes to the Customer it is the subject of bankruptcy, winding-up or other insolvency proceedings, application or event, then without limiting any other right Swiftune may have it may at any time require the Customer to deliver the Parts to Swiftune.
12.1 In relation to the supply of Parts, Swiftune warrants only that they are free from defects at the point of sale. Any Parts supplied are sold as seen and they should be carefully inspected by the Customer prior to fitting and use. Any warranty from Swiftune ceases once the Parts have been fitted.
12.2 As regards the provision of the Services (excluding, for the purposes of this clause 12 only, the supply of Parts), Swiftune gives no warranty.
12.3 Where any claim is made against Swiftune, it will be given a reasonable opportunity by the Customer to examine the Car and/or Engine and/or the Parts as applicable or, if necessary, opportunity to designate a subcontractor for further examination of the Car and/or Engine and/or Parts at Swiftune’s expense.
12.4 Subject always to clause 11, for all Services carried out by Swiftune (excluding any Services not carried out by Swiftune) it will make good, solely by means of repair or replacement at its cost (and not by a third party), any defects which are both notified by the Customer within 60 days from the date of collection of the Car and/or Engine and are thereafter accepted by Swiftune as being attributable to faulty design, materials or workmanship on the part of Swiftune.
12.5 If the Car and/or Engine has in Swiftune’s opinion been subject to misuse, neglect or accident which has caused the damage, or has been repaired by anyone other than Swiftune, then Swiftune reserves the right to refuse to repair the Car and/or Engine.
If you wish to contact Swiftune in writing, or if a clause of these Terms and Conditions requires you to give Swiftune notice, you can send this to Swiftune by hand or by post to Swiftune Engineering Limited, Sportsman Farm, St Michaels, Tenterden, Kent TN30 6SY or by email to firstname.lastname@example.org. Any notices to be given by Swiftune to the Customer may be given by email or by post using the details for the Customer given overleaf.
Swiftune shall have a lien on the Car and/or Engine and any other of the Customer’s property or assets in Swiftune’s possession until all sums due to Swiftune have been paid. After giving the Customer notice Swiftune shall have the right to sell or dispose of the Car or any other assets as the Customer’s agent and at the Customer’s expense and apply the proceeds towards the payment of the sums due to Swiftune. Upon accounting to the Customer for any balance remaining after payment of all sums due to Swiftune (including all and any costs of sale or disposal), Swiftune shall be discharged of all liability in respect of the Car and/or Engine and any other of the Customer’s assets previously in its possession.
15.1 The Customer may terminate this agreement at any time by giving Swiftune 14 days notice, but the Customer will remain liable to pay all invoiced costs and any storage charges, along with any further charges made by Swiftune to ready the Car for collection.
15.2 Swiftune may terminate this agreement at any time and for any reason with immediate effect by giving notice of the termination to the Customer and the Customer shall remain liable to pay all invoiced costs and any storage charges, along with any further charges made by Swiftune to ready the Car and/or Engine for collection.
16.1 This agreement is between Swiftune and the Customer. No other person shall have any rights to enforce any of its terms.
16.2 Only Swiftune may transfer its rights and obligations under these Terms and Conditions to another party. Swiftune will notify the Customer if this happens but this will not affect the Customer’s rights or Swiftune’s obligations under these Terms and Conditions.
16.3 If Swiftune fails to insist that the Customer perform any of the Customer’s obligations under these Terms and Conditions, or if Swiftune does not enforce its rights against the Customer, or if Swiftune delays in doing so, that will not mean that Swiftune has waived its rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If Swiftune does intend to waive a default by the Customer, it will only do so in writing, and that will not mean that Swiftune will automatically waive any later default by you.
16.4 Each clause of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect.
16.5 These Terms and Conditions shall be governed by the law of England and Wales and any dispute in connection with them or any claim by either party against the other (whether in contract, tort or otherwise) shall be determined exclusively by the courts of England and Wales to whose jurisdiction both Swiftune and the Customer irrevocably submit.