Terms & Conditions
1 The meaning of some words used in these terms and conditions
- We, Us or Our is a reference to Courtwood Finance Limited (Company number 00917583) trading as Courtwood Car Services with Registered Address 17 Lancaster Road, Uxbridge, UB8 1AP;
- You or Your is a reference to the person to who We are providing Our Services and who is required to pay for the Services We provide;
- Parties is a reference to both Us and You collectively;
- Additional Services means any additional work recommended to be done to the Vehicles, as a result of the Service or Health Check and which will be quoted separately;
- Agreement/Terms means this agreement and the terms and conditions contained in it, including any Schedules to it;
- Bill means the additional payment that may be due when You bring Your Vehicle for the MOT and Service, should You need extra work done or Parts fitted that are not covered by the Package;
- Recurring Payment means the process whereby We automatically charge You the Fees on a prearranged schedule, using a payment processing platform such as Stripe;
- Fees means the amount payable to take part in the Package offer, being £17.95 per month for 12 months/£215.40 upfront;
- Health Check means a basic overview of the Vehicle to assess the need for any obvious or foreseeable repairs/replacements required. It may cover some aspects of a MOT and a Service but is not a comprehensive Original Equipment Manufacturer (“OEM”) warranty check, but does not include brake performance checks, emission checks and headlight alignment;
- MOT means annual test of Vehicle safety, certain roadworthiness aspects and exhaust emissions required in the United Kingdom for Vehicles over three years old in accordance with the MOT criteria published by the Ministry of Transport (UK) from time to time;
- Parts means any materials, goods, Parts or items We need to buy necessarily in order to perform the Services;
- Package means the MOT and car Service We will provide in connection with Your Vehicle registered on the Package. The precise Services We will be providing to You will be stated in the Quotation/Order Form and as We agree from time to time.
- Premises means the place where We will provide the Services, being Our Premises at 17 Lancaster Road, Uxbridge, Middlesex, UBB 1AP and/or any other Premises that We run Our operations from, from time to time;
- Service means a detailed inspection of Your Vehicle, limited to specific items related to Vehicle performance, safety and longevity as detailed in these Terms;
- Specialist Work means work which We do not have the expertise to do and is only carried out by a third party Specialist;
- Stripe means the payment processing platform known as Stripe
- Standard Terms of Service means the terms and conditions which is normally applicable to Services We provide to Our customers and will be applicable to the Additional Services, which You will be provided with when applicable or on request;
- Vehicle means a Vehicle (which will only include Class 4 type Vehicles up to a 2l engine capacity) registered under the Package as set out on Page 1 of these Terms (or as per amended Vehicle Additions). Each accountholder may register an unlimited amount of additional Vehicles under the Plan, subject to payment of the additional tiered pricing for each additional Vehicle as set out in Schedule C. Each additional Vehicle (which does not have to be owned by the owner of the first Vehicle registered) will qualify for a £15 discount on the yearly Fee;
- Vehicle Additions means the addition of a Vehicle to Your Package by You informing Us of such addition in writing or in a form as We may require;
2 What is the Go Car Package
2.1 The intention of this product We offer, is to lessen the financial burden of a yearly MOT and Service on You, by offering You a subscription Service, in terms of which You will pay 12 monthly instalments by way of a Recurring Payment to cover the costs of Your next MOT and Service (excluding Parts) as stated on Page 1 of these Terms;
2.2 A full MOT, including an oil filter as part of the Service, for Vehicles up to 2.0 litre Vehicles, Vehicle Service will be carried out once in every 12 month period (the Term of this Agreement) for You by Us in exchange for payment of Your Recurring Payment. Please note that some oil filters and engine oils may in certain circumstances be excluded from the Package if their price out-prices that of the Package Fees and they will be Billed separately in these circumstances;
2.3 Parts and Additional Services required which is not included in this Package, will be Billed to You separately after first getting Your permission to proceed and this will be payable when You collect or take delivery of Your Vehicle;
2.4 Your Vehicle will also be given a Mini Valet on the day that You book Your car in for on the Package (provided there is availability), which is a basic interior and exterior cleaning Service, or this can be scheduled separately.
3 Entering into a legally binding contract
3.1 A contract between You and Us will come into being in one of four ways:
3.1.1 when You sign these Terms (including by way of advanced electronic signature) We and You will enter into a legally binding contract in respect of the Package on the date You sign for the Term;
3.1.2 when You apply for this Package online and indicate Your acceptance of these terms by way of the “Accept/Agree” button and proceeding to submit Your application;
3.1.3 when You bring Your car for a MOT and Service, or hand over Your Vehicle if it is collected, You will be provided with a waiver form and Your signature or verbal agreement to it will be a binding contract from the date You sign or agree (in addition to these Terms);
3.1.4 where You and We agree orally that We should provide specific Services then there will be a legally binding contract on the date of Our oral agreement.
3.2 We suggest that before You sign these Terms or any Quotation or orally agree to Us providing Services, or click Accept/Agree online, that You read through these terms and conditions. If You have any questions concerning them please ask Us and don’t proceed (online) or physically until you are satisfied that you are in agreement;
3.3 You should keep a copy of these terms and conditions for Your records. They are downloadable here: www.gocarplan.co.uk;
3.4 You guarantee that You are either the Owner of the Vehicle or have the explicit right from the owner of the Vehicle to enter into these Terms;
3.5 If You enter into these Terms online, You warrant that You are legally capable of entering into a contract of sale and that You are at least 18 years old at the time and reside in the UK.
4 Term of this Agreement
4.1 These Terms will start on the date Your first payment of the Fees is successfully made after You were approved by Us to take part in the Package and will continue for a period of 12 calendar months, after which it will automatically terminate;
4.2 You must use the MOT, Service and all other Services included in the Package within the 12 month period, whereafter it will automatically lapse if not used;
4.3 You will only be able to start using the Services included in the Plan 14 (fourteen) days after Your Plan was approved;
4.4 At the end of the 12 months We will let You know in advance and You can choose to extend it for a further 12 month period at the price at that time (if different).
5 Providing Services to You under the Package
5.1 Once We and You have entered into a legally binding contract for the Term, We will provide the Services to You included in the Package as set out in these Terms;
5.2 The intention is to lessen the financial burden of a yearly MOT and Service on You, by offering You a subscription Service, in terms of which You will pay 12 monthly instalments by way of a Recurring Payment to cover the costs of Your next MOT and Service (inclusive of an oil filter but excluding any other additional Parts);
5.3 We recommend that You contact Us to book Your Service well in advance, due to high demand to ensure You get the date and Services You require;
5.4 Automated dates will be sent to You via email or SMS in advance for Your Services with Us and We need to be notified as soon as possible after receiving them if changes need to be made due to high demand;
5.5 In particular THE FOLLOWING IS INCLUDED in Your plan for the particular Vehicle listed:
5.5.1 1 yearly MOT;
5.5.2 1 Service;
5.5.3 1 free mini valet;
5.5.4 1 Health Check.
5.6 Occasionally the Services will be provided at some other date or time as requested, dependent on several different factors such but not limited to availability of Parts and capacity in the workshop.
5.7 Additional Services required (which becomes transparent once the Service has been carried out and the Vehicle assessed), may have to be provided at another date or time, dependent on the number of recommendations We make, as well as the availability of Parts and capacity in the workshop.
5.8 Our aim is to always provide You with the Services:
5.8.1 using reasonable care and skill that would be expected of a qualified person in Our industry in compliance with commonly accepted motor Vehicle repair industry standards;
5.8.2 in compliance with the laws of England and regulations in force for the duration of these Terms and at the time We are carrying out the Services;
5.9 The following IS NOT COVERED in terms of this Package:
5.9.1 Filters or related items such as spark plugs, air filters, fuel filters and pollen filters, these will be charged in addition to the Fees, if required or recommended. Any oil filters that is exceptionally expensive and/or will out-price the Package will also be chargeable to You (ie a filter that costs Us more to replace than Your Fee paid);
5.9.2 The Vehicle will NOT be road tested or approved if tyres are tested below the legal limit of 1.6mm and in this instance We will recommend for such tyre to be changed;
5.9.3 The Vehicle will not be road tested if the fuel light is flashing to be refuelled and in this instance We will charge £25.00 plus the reasonable fuel required to enable Us to test Your car;
5.9.4 If the Vehicle has brake drums, this will be removed and dedusted and charged at an extra cost which is not included in the Service Plan;
5.9.5 Any additional work recommended as a result of the Service or Health Check will be an extra cost, quoted to You before doing any work;
5.9.6 Any Vehicle which requires a special grade of engine oil and/or requires more than 4 (four) litres, which will be charged at an extra cost per litre;
5.9.7 Any Vehicle diagnostics, electronic dashboard lights or other electronic issues or underlying mechanical problems discovered are not covered under the Package and We will provide an estimate quote of the Additional Services work required and the cost of it, which shall be for the Customer’s account.
5.9.8 All excluded Services/Additional Services and the sale of Parts are subject to Our Standard Terms of Service.
5.10 The Vehicle will be collected and delivered from a place of Your choice for free, but strictly limited to within a 2 mile radius of Our Premises. If You require a collection and delivery further away, We can offer this up to a maximum of 5 (five) miles from Our Premises at a £10 charge which will be applied to Your Bill and payable on completion of the Services rendered that day. If the Vehicle is deemed not safe to drive back due to non-compliance with the MOT or Service check then the Vehicle will not be returned until appropriate repair works are completed or the Customer collects their own Vehicle;
5.11 Possession will only be returned to You on full payment being received by Us for any Additional Services agreed on by You and it is hereby specifically recorded that permitting You to inspect or test the Vehicle does not constitute giving possession;
5.12 A mini valet will be included in Your Package, which is a basic interior and exterior cleaning Service. It does not include specialist upholstery or leather cleaning or any exterior polishing and buffing or removal of resistant dirt. The mini-valet can scheduled separately.
5.12.1 You are required remove all personal belongings or make Us aware of any specific belongings in the Vehicle when handing over the Vehicle, failing which You leave such belongings in the Vehicle at Your own risk and We will take no liability for such items. You may be required to sign a waiver at the time, absolving Us of responsibility of such goods should they be damaged or lost and this will limit Your right to make a claim against Us;
5.12.2 This Service may be booked separately or together with a MOT or a Service, however it will be subject to availability and must be booked in advance. You will have no claims against Us if it is not available on the day that You have booked Your Package MOT and/or Service;
5.13 You are required to alert Us to anything which is not working and any long-standing problems with the Vehicle when You make an appointment and again on the day We receive the Vehicle.
6 Days and times when We normally provide the Services and performance of Services away from the Premises
6.1 Unless We agree otherwise We will provide the Services on normal working days (“days”) in England and start work no earlier than 8am and finish work no later than 5pm. A normal working day for Us means Mondays to Fridays, and Saturdays from 9am to 1pm, excluding any bank or other national holidays;
6.2 The performance of some of the Services may take place away from the Premises. For example, We may be able only to carry out some of the activities such as Specialist Work on a third party Premises. This will be discussed and agreed with You prior to Us sending the Vehicle to any third Parties.
7.1 At the time We perform the Services We may not have all the Parts We need to perform the Services. This may be for a number of reasons such as:
7.1.1 where We have not provided an estimate and could not reasonably establish what Parts would be necessary until We start performing the Services; or
7.1.2 where We have provided an estimate, it may not have been reasonably possible to establish the need for particular Parts at the time We provided the estimate, but those Parts may not be immediately available or need to be imported;
7.1.3 the need for the particular Parts may only be revealed when We start performing the Services; or
7.1.4 whether or not We have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when We start performing the Services and it was not reasonably possible to establish it until that point.
7.2 In such cases, We may need to order and/or buy Parts. If Parts are available from a local supplier then We normally wish to travel to the supplier and buy the Parts and return to continue performing the Services. We normally charge for the travel time at £10.00/hour. Unfortunately, sometimes We have no other alternative but to wait for the supplier to deliver the Parts to Our premises and in this instance You indemnify Us for any claims arising from such delay;
7.3 if the Parts are not available from a local supplier We normally order the Parts and will You advise You to return on another occasion to enable Us to continue to perform the Services. If We feel the work carried out will render the Vehicle incapable of being driven, prior to commencing work. At times We cannot reasonably foresee this happening, or once We commence work a problem may be discovered causing a delay;
7.4 all Parts used will be new and will either be OEM standard, or those produced by a third party of OEM standard. If We have to deviate from this, We will inform You first and advise You why We have to deviate from it;
7.5 any Parts removed and replaced, will be available for Your inspection at Our Premises until such time as the Vehicle is either collected or delivered to You, but not after that, unless prior request by You was made. Should You wish to remove the Parts from Our Premises, We may charge you at that time for such removal;
7.6 all Parts and goods will remain Our absolute unencumbered property until such time as it has been fully paid for by You;
7.7 sometimes there may be delays caused due to it being necessary to order Parts, which can only be confirmed once a Part has actually been removed;
7.8 For any Additional Services ,We reserve the right to refuse and Parts supplied by You;
7.9 If We do decide to accept any Part that You supply (which will be Our exclusive decision), certain very specific EXCLUSIONS to Our Service warranties will apply such as that:
7.9.1 Should the Part be incorrect, We reserve the right to charge for storage and for down time;
7.9.2 no labour warranty will be given if the Part supplied becomes faulty due to any reason to the widest extent that the law permits;
7.10 Any Parts that need to be ordered especially for You, will be chargeable before ordering and booking the Vehicle, or if the work has been rescheduled, the part will have to be paid in advance of re-booking and ordering.
8.1 Our responsibility to perform the Services by particular dates
We aim to carry out the Services on the same date that Your Vehicle is booked in for the Service/MOT, however We cannot guarantee or provide a firm commitment that:
8.1.1 We will complete the performance of all the Services included in the Package by any specified date or time; or
8.1.2 the performance of any individual part of the Services will be completed by a specified date or time; or
8.1.3 that We have all the Parts necessary to fix Your particular make and model Vehicle.
8.2 What can happen if We cannot start performing the Services or complete performing the Services
8.2.1 If We do not start or complete performing the Package Services within a reasonable period from the date(s) We have agreed with You or on the date that the Vehicle is booked in, with Us, You may either choose to continue to wait until We can start performing the Services or complete performing them or You can remove Your Vehicle (or have it delivered) if it is at Our Premises, or choose another day/time.
8.2.2 Where We have started performing the Package Services and find that Additional Services or Parts that are NOT covered by the Package will be necessary, We will contact You on the number/e-mail You provide to Us on the day Your Vehicle is collected/dropped off at Our Premises. Two attempts to contact You will be made, but if You don’t reply to Us in time, We may not be able to do those Additional Services on that day;
8.2.3 If We do reach You, We will give You a quote to provide the Additional Services and You will either agree to or reject the quote for Us to do it. You will be required to sign the quote before we start with such Additional Services/order Parts;
8.2.4 What is a reasonable period of time depends on the types of Parts and their availability as well as the availability and capacity in Our workshop;
8.3 Situations/Events outside Our reasonable control
8.3.1 In addition, there are certain situations or events that occur that are not within Our reasonable control and which we could not be expected to foresee. Where one of these happen, We will normally attempt to continue performing the Package or Additional Services as soon as the situation which has stopped Us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before We can start or continue performing the Services.
8.3.2 The following are examples of events or situations which are not within in Our reasonable control:
(a) where weather conditions make it impossible or unsafe for Us to perform any of the Services or any other impediment situations such as, but not only:
(i) pandemics, epidemics, government lock-downs, Acts of God such as natural disasters such as violent storms, cyclones, earthquakes, heavy snowfall affecting travel, floods, lightning destruction, war, (whether declared or not), civil war, civil violence, riots and revolutions, acts of sabotage, explosions, fires, destruction of machines, factories and any kind of installations, boycotts, strikes and lock-outs of all kinds, go-slows, occupation of factories and Premises and work stoppages; Acts of authority;
(b) illness of staff, technical problems or equipment failure in Our workshop;
(c) if the Parts are not delivered on the date or at the time agreed with the supplier of the Parts (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
(d) where You make a change in the Services You wish Us to perform (and this results in, for example, Us having to do Additional Services or wait for new or different Parts);
(e) where We have to wait for other providers of Services (who have been engaged by You) to complete their work before We are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
8.3.3 If We expect Our delay in re-starting the Services will be too long, then We will offer You the option of either:
(a) continuing to wait until We are able to re-start performing the Services. If You are required to make any payments during this period (for example if We and You have agreed that You will pay Us in staged amounts), then We will not require You to make any of the payments required until We are able to restart performing the Services; or
(b) cancelling the contract if We cannot offer You the Services within 14 (fourteen) days. If You choose this option then You will only have to pay for any Additional Services We have performed up to the date of cancellation and for any Parts for which We have a legal obligation to pay. If You have made payment(s) to Us in excess of the amount of the Additional Services We have performed or Parts We have purchased, We will return the difference to You within 14 (fourteen) days of cancellation.
9 Price, estimates and payment
9.1 Additional Services
All Additional Services will be provided based on Our Standard Terms of Services
9.2 When payment is required
9.2.1 Payment for Our Package Services is possible by way of monthly Recurring Payment instalments to the amount of £17.95 per month, (facilitated through a payment provider such as Stripe).
(a) You will be required to sign/electronically agree to a Recurring Payment authorisation form at the same time that You sign/agree to these Terms or an electronic version of it;
(b) These Terms and Agreement are subject to Your signature of such Recurring Payment authorisation/putting in place this method of payment to Our satisfaction or alternatively paying the full Fees upfront. Without it, there will be no agreement between Us.
9.2.2 If You don’t agree to or put in place a Recurring Payment authorisation/pay upfront, you cannot take part in the Package;
9.2.3 at the time We finish performing the Additional Services (approved by You) You will have to make payment for such Services under an Invoice issued, that are not covered under the Package as set out below; or
9.2.4 You may apply for interest free finance from Our external third party finance provider on any Bill for Additional Repairs which are not covered under the Package, subject to the following conditions:
(a) applicants must be 18 years or older;
(b) applicants agree to be credit checked and approved;
(c) payments may be made in instalments of between 2 to 6 months;
(d) finance is for a minimum of £80.00 to a maximum of £3,000.00;
(e) finance is subject to the third party finance provider’s terms from time to time which You will be provided with and agree with the finance company at that time;
(f) finance required for more than 4 months will require a 25% deposit payment upfront to the finance company; and
(g) Courtwood Cars do not offer this and have no liability for any claim that may arise between You and this third party provider;
9.2.5 If You are not approved for such third party finance, You will still have to pay Our Bill for the Additional Services which may include a credit check and application to be carried out before We commence work;
9.2.6 We do NOT provide the finance and the agreement will only be between You and such third party finance provider and not include Us. We will have no liability for such finance arrangement whatsoever;
9.2.7 Payment may be made by way of debit or credit card, EFT or cash;
9.3.1 If You are required to collect the Vehicle You must do so within 2 (two) days of date of notification to collect, failing which We will be entitled to charge a reasonable storage Fee for the uncollected Vehicle at £20 plus VAT per day;
9.3.2 If the Vehicle is to be delivered in terms of the free/paid delivery Service, You must be available to take delivery of the Vehicle within 2 (two) days of date of notification that it is ready to be delivered, failing which We will be entitled to charge a reasonable storage Fee for the uncollected Vehicle at £20 per day;
All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force;
9.5 If You do not pay when required to
If You fail to make payment by the date or time We and You agree We may:
9.5.1 charge You interest (at Barclays’ base interest rate plus 3%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 (seven) days from the date of Our invoice or when We asked You first to pay them; and/or
9.5.2 if the amounts not paid represent more than 10% of the total value of the Fees and there remain some Services in the Package which We have not yet performed, then We may suspend performing the remaining Services until You make payment or decide to cancel this Agreement and keep all payments made up to that date;
9.5.3 You will not refuse to pay any amount owing to Us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due;
9.5.4 The Vehicle is subject to a general repair lien in Our favour, which will only be extinguished upon receipt of full payment. You further consent to a lien in Our favour arising from Additional Services, Parts and unpaid storage costs.
10 Exclusion and limitation of liability
10.1 We do not exclude or limit liability for Our negligence or negligent omission which causes You personal injury or results in death;
10.2 We will only be liable for any loss or damage suffered by You which is a reasonably foreseeable consequence of a breach by Us of these Terms. In the event that any loss or damage suffered by You relates to Your business activities, then We exclude all liability for any business loss and in particular We exclude all liability for loss of profits or other economic loss arising out of a breach of this contract. We exclude liability for all consequential damages to the maximum extent as is legally permissible;
10.3 We will not be liable for any loss or damage suffered by You arising out of or in connection with any breach of the Agreement by You or any act, misrepresentation, error or omission made by or on behalf of You or Your representatives;
10.4 Nothing in these Terms will affect Your statutory rights as a consumer, that the works are performed with due skill and care, of satisfactory quality (if supplied) and are fit for their purpose and that the Parts and Services correspond with their description;
10.5 We will not be liable for mechanical, electrical or software related damage caused unavoidably by wear and tear and usage which may not have been visible to you before We started servicing the Vehicle.
11 Communicating with Us & Data Protection
11.1 You can telephone Us on 01895 236 567;
11.2 However, for important matters We suggest that You use writing and send any communications by post to 17 Lancaster Road, Uxbridge UB8 1AP or by email to [email protected];
11.3 All Your personal information that We may use will be collected, processed, and held in accordance with the provisions of the latest data protection legislation applicable in the UK;
11.4 We undertake that We will not use Your personal information for any purpose other than to the extent necessary to provide the Services to You under this Agreement;
11.5 We have the right to share Your information with the DVLA and other authorities such as the police or credit agencies (where You are in arrears or in breach of these Terms);
11.6 If You wish to send Us any notice or letter then it needs to be sent to and should be marked for the attention of the Operations Director. If We wish to send You a letter or notice We will use the address You have given in the Application Form.
12 Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
12.1 We need to do so in order to comply with changes in the law or for regulatory reasons; or
12.2 We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the Agreement; or
12.3 There is a substantial change in how We operate/Our procedures;
12.4 Where We are making any amendment We will give You 30 days’ prior notice (unless the contract is terminated before that period).
13 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a Party to it any right to enforce any of its provisions.
14 Law and jurisdiction and Dispute Resolution
14.1 This contract shall be governed and construed by the law of England and You and We agree to submit to the jurisdiction of the courts of England and Wales;
14.2 Any dispute that arises in relation to these Terms will first be attempted to be resolved between the Parties by way of meeting between You and a senior employee of Ours within 28 days of the dispute arising, at Our Premises, whereafter We will make a suggestion as to resolution to You;
14.3 Should You not be satisfied with the outcome of the above resolution suggested or the suggestion itself, You may refer the matter to an independent body (who We are members of – We are members of a few) for alternative dispute resolution;
14.4 FOR MORE INFORMATION ON YOUR RIGHTS, PLEASE CONTACT THE CITIZENS’ ADVICE BUREAU OR MOTOR OMBUDSMAN.
15 Right to Cancel
15.1 You have the right to cancel this contract within 14 days (days that the banks normally operate in England) without giving any reason. The cancellation period will expire after 14 days from the day of conclusion of this Agreement.
15.2 To exercise Your right, You must inform Us by advising Us in written form to The Motor Vehicle Academy Limited, 17 Lancaster Road, Uxbridge, UB8 1AP before expiry of Your right to cancel. For ease of use We attach a model cancellation form attached as Schedule B as an example for You.
15.3 If You cancel this Agreement within the 14 day period mentioned above, We will reimburse to You all payments received from You up to that date. We will make the reimbursement without undue delay and not later than 14 days after the day on which We are informed about Your decision to cancel this Agreement.
15.4 You will not incur any Fees as a result of such reimbursement.
16 Cancellation by you (beyond the 14 day statutory right)
16.1 Once We and You enter into a binding contract You will normally not be able to cancel the contract after Your 14 day statutory cancellation right, except where We agree or as otherwise provided for in this contract or by law;
16.2 If We agree to cancel then You will be responsible for the cost of:
16.2.1 any of Our time in performing the Services included in the Package or the Additional Services at Our normal rate charged to walk-in customers at that time, up to the date We stop providing the Services; For example, if You have already had a MOT done and then cancel, You will be liable for the cost of a MOT charged to any walk-in customer at that time or the full Fee payable in terms of this, whatever is less;
16.2.2 any Parts We are contractually committed to buying up to the date of termination (whether or not We need to pay for them before or after the date the contract between Us and You is cancelled). Any Parts We have purchased (but not used in performing the Services) will be delivered to You once received.
16.3 In the circumstances stated in clause 16.2.2Error! Reference source not found. We will first deduct the amounts for which You are responsible for from any monies You have already paid;
16.4 If You:
16.4.1 Allege/purport to cancel the contract after the 14 day statutory cancellation period; or
16.4.2 give notice purporting to cancel (after the 14 day period set out above); or
16.4.3 otherwise do not fulfil Your obligations (such as by not paying any sums due to be paid to Us) in a way which amounts to You cancelling the contract.
17.1 Any reference to this Agreement/Terms includes all Schedules and Annexures which will be considered to have been incorporated into this document and will form an integral part hereof. Expressions defined in the main Agreement will also apply to a Schedule unless it states differently;
17.2 A reference to a Party will include a reference to that Party’s successors and assigns. This Agreement will be binding on and enforceable by the heirs, trustees, estates, executors, administrators and liquidators of the Parties as fully and effectively as if they had signed this Agreement in the first place and reference to any Party will also be to them, as the case may be;
17.3 Any reference to legislation or subordinate legislation or to any other agreement is to such legislation or subordinate legislation or any other agreement at the Signature Date hereof and as amended and/or re-enacted from time to time;
17.4 Where the day on or by which anything is to be done is not a day on which We normally do business, it will be done on or by the first day We do business on after;
17.5 When any number of days is agreed in this Agreement, they will be calculated exclusively of the first and inclusively of the last day, unless the last day falls on a day We don’t do business such as a Sunday or Bank Holiday, in which case the last day will be the next day which is a business day for Us;
17.6 A reference to a document will include an amendment or supplement to or a replacement or novation of that document;
17.7 If any provision of this Agreement or of any part hereof to any extent is or becomes invalid or unenforceable, the Parties will agree on such adjustments as are necessary and reasonable in order to ensure continued delivery of the unaffected portions and to secure the vital and strategic interests of the Parties, taking into account the main objectives fundamental at the time of execution of this Agreement;
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, You must inform Us of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If You cancel this contract, We will reimburse to you all payments received from You.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about Your decision to cancel this contract.
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any Fees as a result of the reimbursement.