TERMS AND CONDITIONS OF BUSINESS
The following expressions shall have the following meanings:
1.1 “Silverfield Cars Limited, Silverfield Cars, Silverfield or We” means a company registered in England, registered number 07907950, with the registered office 49 Welby Drive, Durham DH7 7GA;
1.2 “You” means any person who purchases Services from Silverfield Cars Limited;
1.3 “Services” means those services as described in this agreement;
1.4 “Our Suppliers” means the person or persons we are contracted to for providing services described herin
1.5 “Contract” means this contract or any contract issued from time to time;
1.6 “Fees” means the non-refundable amount paid in advance or any other monies to Silverfield Cars Limited for providing the Services;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by The Silverfield Cars Limited;
1.8 “Agreement” means the contract between Silverfield Cars Limited and you for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by Silverfield Cars Limited to you shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by Silverfield Cars Limited
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Silverfield Cars Limited may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3.1 Any variation to the Services must be agreed by Silverfield Cars Limited in writing.
3.2 The Services shall commence on the date of this agreement until terminated according to the terms of this Agreement in accordance with section 9.
3.3 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and Silverfield Cars Limited shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4 PRICE AND PAYMENT OF FEES
4.1 The price for Services is as specified in writing and will depend on services taken.
4.2 Silverfield Cars Limited is also entitled to recover all reasonable expenses incurred in obtaining payment You where any payment due to Silverfield Cars is late.
4.3 You are not entitled to withhold any monies due to Silverfield Cars Limited
4.4 Silverfield Cars Limited is entitled to vary the price to take account of changes in prices beyond our control. Any such change in price will be agreed with you in advance unless any amount is below £250 and in which case you authorize us to make these adjustments
4.5 Silverfield Cars Limited reserve the right to charge any hourly, daily or set rates, if applicable;
4.6 In the event that You seek to cancel the Agreement for Services after we have commenced work or incurred any cost within 7 of the date of this agreement you will pay us these costs plus an amount of 25% of that amount to cover our administration
4.7 In the event that you cancel this agreement within a 7 day period of the date of this agreement and we have contracted to 3rd parties, you will be liable for any costs we have paid on your behalf plus those fees outlined in section 4.6 above
4.8 In the event the You seek to cancel the Agreement for Services prior to commencement of the service Silverfield Cars Limited will refund any payment made. If cancellation is made after Services have commenced will not be entitled to a refund, a refund may be made however in certain circumstances at the discretion of Silverfield Cars Limited.
4.9 Requests for refunds under the Money Back Guarantee must be made in writing within 30 days of the date that this guarantee becomes payable.
4.10 Prices on this website are subject to change without notice and any such prices should be checked with Silverfield Cars Limited prior to ordering.
5 YOUR OBLIGATIONS
5.1 You agree to co-operate with Silverfield Cars Limited as may be required.
5.2 You shall remain responsible for the insurance of any vehicle that you have given to us whilst it is in our possession
6 OUR AND OR OUR SUPPLIERS OBLIGATIONS
6.1 The Silverfield Cars Limited shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
7. Refund Policy
7.1Under the distance selling regulations we must inform all users of the following refund policies relating to the purchase of Services. The refund policies relating to other services are covered within the specific terms and conditions for those services.
7.2 Where a user agrees taking services on an agreed date and the date for these services is within 7 days of ordering the user acknowledges that the service begins immediately and they waive their right to cancellation, the decision to issue a refund will be held at the sole discretion of Silverfield Cars Limited and will be based on the current status of the order in question. Silverfield Cars enter into legally binding contracts with third party organisations to deliver a service to the user therefore no automatic refund rights exist. The user undertakes to ensure that the decision to order and use our services has been fully considered and Silverfield Cars reserve the right to issue a refund at its sole discretion.
7.3 Should we have taken payment from a you after verbal or written conformation that you wish us to commence work and you subsequently cancel this agreement and that notice is given within 7 days we will refund any monies that we have taken minus any payment that we have made on your behalf to our suppliers plus any amount to cover our administration. Refunds after 7 days are made at the sole discretion of Silverfield Cars Limited and no automatic right to a refund exists after 7 days or if more than 25% of that work has been carried out within that 7 day period.
7.4 Silverfield Cars into legally binding contracts with third party organisations to deliver a service to the user therefore no automatic refund rights exist
Your statutory rights are not affected.
8 Payment Terms
8.1 Those payments that are paid in part and not in full will not be subject to any additional cost or interest provided that:
Upon demand and within 7 days of that demand, any payment requested by us to complete the work as agreed is paid by you.
8.2 Payment terms vary and will be notified to you in writing Ordinarily payment of 50% of the total cost for services provided is payable in advance.
8.3 Upon completion of an agreed amount of work which will be given in writing to you, you must and within 7 days of our request;
8.3.1 Make any payment to us to complete the work
8.3.2 Should you not want the remainder of the work completed then you should;
8.3.2a Collect any of the part completed product that you have requested from us and remove it from our/our suppliers place of business. Collection is at your cost
8.3.2b We will charge a release fee of 15% of the remaining balance that you will not be paying.
8.3.2cIf after 14 days you have not collected your product(s) from our / our suppliers place of business, we will store these items on your behalf and at your cost. We will store your products for a maximum of 12 months from our original notice to you.
8.3.2d Failure to remove these items as well as paying our storage costs as well as any outstanding monies owed will result in that property being sold to recover those monies owed.
8.3.2e Upon the sale of your product by us due to the failure of you not collecting the same, we will, after covering those aforementioned costs plus administration and legal fees:
8.3.2e(i) We will pay you any monies left
8.3.2e (ii) Recover from you any monies owed.
9.1 Should You wish to terminate this Agreement You are required to give Silverfield Cars Limited 2 weeks’ written notice of the termination.
9.2 Silverfield Cars Limited is required to give you 2 weeks’ written notice to terminate this Agreement.
9.3 You may terminate the Agreement if Silverfield Cars Limited fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
9.4 Silverfield Cars Limited may terminate the Agreement if you have failed to make over any payment due within 2 weeks of the sum being requested.
9.5 Either party may terminate the Agreement by notice in writing to the other if:
9.5.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
9.5.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
9.5.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
9.5.4 the other party ceases to carry on its business or substantially the whole of its business; or the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
9.6 In the event of termination you must make over to Silverfield Cars Limited any payment for work done and expenses incurred up to the date of termination.
9.7 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Complaints can be made in writing to Silverfield Cars Limited 49 Welby Drive Durham DH7 7GA
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
12 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of Silverfield Cars Limited for death or personal injury, however Silverfield Cars Limited shall not be liable for any direct loss or damage suffered by you or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by Silverfield Cars Limited in the insurance year in which your claim is first notified.
Silverfield Cars Limited will instruct third parties to complete work on its behalf. Liability will remain with that third party and any claim against Silverfield Cars Limited is limited to that of the service that it has provided and not that of third parties. Silverfield Cars Limited reserve the right to bring to the claim any party to which that complaint has been made against into any subsequent proceedings in accordance with the governing law in England and Wales
13 INDEMNITY You shall indemnify Silverfield Cars Limited against all claims, costs and expenses which Silverfield Cars Limited may incur and which arise directly or indirectly from your breach of any of its obligations under these Terms and Conditions.
14 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
15 ASSIGNMENT You shall not be entitled to assign your rights or obligations or delegate its duties under this Agreement without the prior written consent of Silverfield Cars Limited.
16 THIRD PARTY RIGHTS Nothing in these Terms and Conditions intend to or confer any rights on a third party.
17 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 WAIVER The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
19 NOTICES Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
20 ENTIRE AGREEMENT These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
21 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.