Terms of business

1] Parties, Definitions and interpretation
In these terms and conditions (which are referred to in this document as "these terms"), "Client" or "Clients" means the client for whom the Works are to be carried out by the Company, "Company" means Regal Coachworks Ltd, "Contract" means the agreement between the Client and the Company to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Client and the Company ("the Agreement") the Agreement, "Works" means the works described in the Company's estimate and/or as referred to in the Company's Work Detail Sheet or any other document or email issued by the Company, as may be varied by agreement verbally or in writing between the parties.

[2] General
[2.1) The Client will be treated as an Account Client or a Non-Account Client, according to the Company's reasonable discretion. [2.21All estimates given by the Company, all orders and instructions given by the Client, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Client, whether in the order or instructions or in any negotiations or in any course of dealing established between the Company and the Client, except where these terms are a schedule to a signed Agreement between the Client and the Company, in which event these terms apply only to the extent they are not inconsistent with that Agreement.
[2.3) The Client acknowledges that the Company has not made any representations (other than any expressly stated in the Contract and/or in the Company's estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Client and the Company for the performance of the Works (and detailed in paragraph 4 below).
[2.4] No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of the Company of any documentation of the Client shall not imply any modification of the Contract. [2.S]Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act. [2.6] Sending an instruction to the Company to quote or carry out works constitutes as an acceptance of these terms and conditions.
[2.7) In the context of larger conversion undertakings, making part payments in advance or arears will also constitute as acceptance of these terms and conditions.

[3] Estimates, variations to the price and standard fees
[3.l]Any estimate by the Company is subject to withdrawal by the Company at any time before receipt of an unqualified acceptance from the Client and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
[3.2]Unless otherwise specified by the Company in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to the Company at the time of the estimate. [3.3)The Company's final price will be calculated on the basis specified in the estimate, if any, or ,if none, in accordance with the Company's standard Account Rates Card applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price.
[3.4]Furthermore, the Company reserves the right to increase the price before carrying out the Works by an amount equivalent to any
increase to the Company in the cost of relevant materials, labour, equipment hire or transport since the date upon which the Company's estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Client may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
[3.5] The Company reserves the right to charge a fee for the collection of materials from its supplier except with respect to works for which there is an estimate.
[3.6]If the collection occurs whilst the Company is on site, the time taken will be treated as an addition to the Works and charged at the relevant rate
[3.7]1f the materials are ordered for subsequent collection and delivery, a charge may be made by the Company of £50 (plus VAT) Materials will be supplied at cost net after Company discounts plus the Company's normal mark-up to cover handling, stock maintenance, etc.
[3.8]AII estimates will carry no charge unless subject to [3.10] below.
[3.9]The Company will charge a standard fee when not providing a quote as outlined below

£40 (plus VAT) per hour (rounded up to the nearest hour) Plus parts

[3.10] When carrying out a quote where itis deemed that investigation to an issue will be required the Company will not carry out investigations unless an acceptance by the client has been expressly made to a standard charge of £40 (Plus VAD Per hour for diagnosis

[4]The Works
All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Client, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.

[S] The Price
[5.] The price payable by the Client is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates provided by the Company are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable.
[5.2]Where an element of research and development is required for more bespoke and unique works the company reserves the right to charge a fee of £40 (Plus VAT) per hour spent on said research and development.
[6] Payment
[6.1) Non-Account Clients: Payment by the Client is due on completion of the Works. Payment must be made on such completion. On larger undertakings part payment will be required to be made throughout the duration of the contract of works and a final bill will be produced upon completion for any outstanding works not yet paid for. The Company will produce a full breakdown of works completed with an accurate costing breakdown at this point only.
[6.2] Account Clients: The Company will seek to submit invoices to the Client within 14 days of completion of the Works and, subject to
Sub section 6.4 and paragraph 8 below, payment must be made by the Client within 30 days after the date of issue of the invoice or the timescale stated on the invoice, whichever is the lesser.
[6.3] In instances where the Company requires full payment up front for works these terms and conditions shall
Supersede any written on our invoicing system. Instances where payment are required up front include but are not limited to Vehicle MOT, Purchase of our Equi­ Box"' vehicles, Purchase of any parts or hand built replacement parts which are not to be fitted by the Company. The Company will inform the client at the time of quoting of any other works that will require full upfront payment.
[6.4)The Company shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 8% above the Bank of England base rate at the relevant time. In addition to the interest, the Company reserves the right to charge the client costs for debt recovery. The amount we will charge depends on the whole amount of debt:
Up to £999.99 outstanding = £40+VAT plus any court fees. Between £1000 and £9999.99 = £7o+VAT plus any court fees. £10000 or more =£100 +VAT plus any court fees
[6.5) The Company shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works
Until payment has been made in full including interest and all other fees.
[6.6]Any vehicle that is deemed to have an Equitable Lien in the companies favour shall in no instances be handed back to the client until all outstanding monies are paid to the company in full and cleared funds and the Lien is satisfied.

[7) Commencement/completion dates and appointment times
[7.l]Dates specified for the commencement and completion of the Works are estimates only. The Company shall use all reasonable endeavour to ensure that it will complete works on the date and time agreed. However, it accepts no liability in respect of last minute changes made to the design or finishing of a project or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 16 below.
[7.2]When booking an appointment to quote, the Company expressly requests that the client ensures that they are available on site for
the allocated time, should the client be late for an appointment then the Company will not guarantee the quote will be carried out on the date and time arranged

(8) Inspection of Works
[8.l]The Client shall inspect the Works as far as itis reasonably possible to do so immediately upon their completion and sign either our electronic work sheet or paper form to confirm they are completely satisfied with the works carried out.
[8.2]1f the client considers that the Works or any part thereof are not in accordance with the Contract, It shall within 14 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.

[9]Indemnity
The Client shall indemnify the Company against all actions, suits, claims, demands, losses, charges, costs and expenses which the Company may suffer or incur in connection with a claim by any third party resulting from a breach of the Client's obligations, undertakings, representations and warranties in connection with this Contract.

(10] Whole agreement and Exclusion of liability
Save for the statutory rights of the Client these terms set out the Company's entire liability in respect of the Works and the Company's liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.

(11) Limitation of Liability, and lability of the Company The Company's liability shall be limited to:
[11. The repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above;

[ll.2]Liability for death or personal injury resulting from negligence in the course of carrying out the Company's duties, and;
[11.3]The reasonable costs of repair or reinstatement of any loss or damage to the Client's property but not loss of profit if such loss or damage results from the Company's negligence or that of its employees, agents or sub-Contractors and the Client incurs such costs.
[11.4]AII repairs are guaranteed for 3 months from the invoice date and new parts are guaranteed for 12 months from the invoice date

(12) Title.
The Company shall retain title to all Works until paid for in full
(13) Defects
[13. ]Subject to paragraph 8 above and the exclusions listed below, the Company undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of the Company's obligations under this Contract and provided that details of the defect are notified by the Client to the Company in writing within such period and that the Company and its insurers are given the opportunity of inspecting the work and the alleged defect. [13.2)This undertaking shall only apply to work carried out and completed and invoiced by the Company and which is paid for by the Client by the due date for payment ascertained in accordance with paragraph 6 above.
[13.3]1f the client returns a vehicle to the company to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of this Contract on the part of the Company then the Company reserves the right to charge the Client for the visit at its standard rate as per paragraph 3 above. In addition the Company reserves the right not to carry out any work under this paragraph 13 where the Client cannot evidence that the work was originally carried out and completed by the Company or where payment has not been made in full for such work or where further work has been undertaken by a third party.
(14] Force Majeure
The Company will use all reasonable effort to carry out the works on the agreed dates but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god, changes made to the requirements of works by the client or any other event or occurrence beyond the Company's control.

(15) Client's Liability
[15.1] The Client shall be liable for:
Any l loss, damage injury, whether direct indirect or consequential, resulting from failure or delay in the performance of the Client’s obligations under these terms.

(16] Cancellation
[16.l] lf the Client cancels the Contract t other than pursuant to paragraph 3.2 above, the Client shall indemnify the Company against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to the Company's right to payment in accordance with paragraph 6 above.
[16.2Jlf the Client cancels work to be undertaken pursuant to an estimate accepted by the Client, subject to paragraph 3.2 above the Client
will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.

(17] Waiver, Variation etc.
[19.1) No waiver by the Company of any breach by the Client shall operate as a waiver of any preceding or subsequent breach by the Client. No variation shall be effective against the Company unless sanctioned in writing by the Company. No forbearance or delay on the Company's part shall prejudice the Company's rights and remedies under this Contract.

(18) Notices
(18.1] Any Notices served pursuant to these terms and conditions shall be in writing and shall be sent to the registered office of the Company and the address of the Client on the Contract and shall be either delivered by hand or sent by pre-paid first class post or registered post and shall be deemed to have been delivered at the time at which it would have been delivered in the normal course of the post.

(19) Governing Law and Jurisdiction
(19.1] These terms and conditions shall be governed by and construed in accordance with the Laws of England and Wales and the parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising or in connection with these terms and conditions.