NISSAN RETAIL GROUP UK LIMITED
TERMS AND CONDITIONS FOR SERVICING, REPAIRS AND PARTS
These are the terms and conditions on which we will supply scheduled maintenance and/ or repairs (Service(s) ) and provide parts to you. You should read them carefully and make sure you understand them before you submit your order to us (the Contract). These terms tell you who we are, how we will provide Services and parts to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. You should request that any changes to these terms and conditions are made in writing and signed by both parties.
Your attention is in particular drawn to the provisions of the condition headed ‘Extent of Our Liability’.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are Nissan Retail Group UK Limited a company registered in England and Wales. Our company registration number is 02304689 and our registered office is at Head Office, Renault London West, Concord Road, Western Avenue, London, W3 0RZ. Our registered VAT number is GB 627084438
Alternatively you can contact us by writing to the General Manager of the dealership you dealt with. Full postal addresses of all RRG Dealerships can be found on the Nissan Retail Group website.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
OUR CONTRACT WITH YOU
When you bring your vehicle to our garage for a Service we shall carry out a diagnosis of any faults to determine how to Service the vehicle. We shall inform you of the diagnosis results and provide you with a quote for the Service.
In certain circumstance we may charge you for carrying out the diagnosis, in those circumstances, we shall inform you of the cost prior to carrying out the diagnosis.
In providing you with a quote we will often have to rely on information provided by you in order to identify the Services required.
Our Contract with you shall arise when you sign the job card. The job card shall set out the Services and/ or parts, which we will require.
Where, it appears in our reasonable opinion that additional labour and/or different or additional parts (not identified in the quote and which could not have been reasonably foreseen by us based on the information you provided or in the diagnosis results) are required to for the Service then we shall contact you and inform you of the additional work and cost before commencing the work.
If, for any other reason, prior to carrying out the Service, we establish that we would not be able to repair the fault found or the fault requires the expertise of a third party garage, no charge will be made.
If your vehicle is provided to us via a service breakdown recovery company, we shall contact you in respect of the Services required. We shall carry out a diagnosis of any faults to determine how Services the vehicle. We shall contact you in respect of the diagnosis results and provide you with a quote for the Services.
Our acceptance of your order shall take place when you provide confirmation via telephone or email of the quotation we have provided to you. We shall provide you with service job card via email or post following your confirmation.
You shall be entitled to additional rights as set out in the Distance Selling Regulations 2000 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
What is included in the service:
The parts and labour required to Service the vehicle for the level of service requested and referred to in your job card.
What is not included in the service:
The cost of any additional parts and labour required to repair any faults or additional work identified during the Service.
We may give your vehicle a short road test as part of the Service.
BUYING AS A CONSUMER
If you are buying parts or Services (including, but not limited to, servicing and body shop repairs) as a Consumer, you are entitled to certain rights by law relating to the satisfactory quality, fitness for purpose and description of the parts and the provision of the Services being carried out with reasonable care and skill. Your available remedies are also set out in law and briefly in these terms. Nothing in these terms and conditions will affect those rights. If you have any doubts about your rights, you should seek advice from your local trading standards office.
You are also entitled to the benefit of any manufacturer’s guarantees that come with any parts purchased by you or used by us during the Services. For details, please refer to the manufacturer’s guarantee provided with the parts. These are in addition to your legal rights as Consumers as set out above.
OUR RIGHTS TO MAKE CHANGES
Prior to us commencing the Service, if you wish to make changes to your order in respect of the parts and/or Services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the parts and/or Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If, however, you wish to change the Services and we have already started the work, you will pay us any costs we reasonably incurred in commencing the Service.
OUR RIGHTS TO MAKE CHANGES
We may make any changes to your order in respect of the parts and/or Service:
(a) update the Services to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a safety risk or due to manufacturer recommendation; and
(c) make changes to the Services as requested by you or notified by us to you.
We reserve the right to refuse to carry out any Services or other works on any vehicle which we, in our sole opinion, consider the vehicle to be un-roadworthy or unsafe.
Unless we agree otherwise in writing, the price for parts or Services shall be the total price set out in the job card or as otherwise notified to you in writing. However, we reserve the right, prior to the commencement of the Services, to notify you of an immediate increase in the price where this results from an increase in the cost of parts or other charges beyond our reasonable control. In the event of an increase to the price you will have the right at cancel at any time prior to our commencement of the Services.
The price shall, unless otherwise agreed, be inclusive of any value added tax. If the rate of VAT changes between your order date and the date we supply the Services and/or parts, we will adjust the rate of VAT that you pay, unless you have already paid for the service and/or parts (including delivery costs) in full before the change in the rate of VAT takes effect.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the Contract and refund you any sums you have paid.
Unless we agree otherwise in writing, payment of the purchase price for parts and Services are due in pounds sterling on the date you place your order. Unless we agree otherwise in writing, payment of the price for services is due in pounds sterling on the date of completion of the Services.
Time for payment shall be of the essence and no payment shall be deemed to have been received by us until we have cleared funds.
DEFAULT INTEREST FOR LATE PAYMENT
If you fail to make any payments due under the Contract by the due date for payment then we may charge you interest on the overdue amount at the rate of 4% per annum above HSBC’s base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
The parts will not belong to you until we have received payment for the purchase price in full.
On termination of this Contract, howsoever caused, our rights contained in this clause and your rights set out in the Consumer Rights Act 2015 shall remain in effect.
Where you are not the owner of the vehicle:
a. by instructing us to carry out the Services in relation to the vehicle you warrant to us that you are authorised by the owner and registered keeper of the vehicle to do so; and
b. you agree to hold us harmless and make good any losses, costs or damages which we incur as a result of any claims against us by the owner or registered keeper of the vehicle alleging that, or resulting from the fact that, you were not authorised to instruct us.
DELIVERY OF PARTS
The costs of delivery will be as told to you during the order process and set out in job card. The job card shall set out the estimated delivery date for the parts.
The parts ordered are subject to availability and we will inform you as soon as reasonably possible if they are not available. If the parts are required for the Services we will be entitled to re-arrange the Service.
If delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any parts you have paid for but not received.
Unless agreed otherwise, delivery of the parts will be at the premises advised when you placed your order, for collection by you. You can collect the parts from us at any time during our working hours.
DELIVERY OF SERVICE
We will supply the Services to you from the date set out in the job card until we have completed the Services. The estimated completion date for the Services are as informed to you during the order process and set out in the job card. If you have a delivery deadline you must notify us of this prior to signing the job card.
If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any services you have paid for but not received.
If you do not allow us access to your vehicle as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your vehicle we may end the Contract.
We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
If the vehicle is not collected, or arrangements are not made for its collection after completion of the Services has been notified in writing, weekly storage charges at the rate applicable at the time of expiry of the said notice may be imposed as if the vehicle Serviced had been left for storage. This provision may also apply if authority to proceed is not given within a reasonable time of an estimate having been submitted.
Before we begin to carry out the Services on your vehicle, if you wish to cancel the Services, you should contact us.
If, however, you wish to cancel the Services and we have already started the work, you will pay us any costs we reasonably incurred in commencing the Services. This amount will be deducted from any refund that is payable to you or, if no refund is due to you, invoiced to you.
You may contact us if you wish to cancel the Contract for parts, at any time before we have delivered or supplied it and you have paid for it.
You will always have rights where the parts are faulty or mis-described as set out in these terms.
Unless you have a right to end the Contract immediately, the Contract will not end until 30 days after the day on which you contact us.
We will refund any advance payment you have made for the parts which will not be provided to you.
If you end the Contract after the parts have been delivered to you, you must return them to us in good condition and in the original undamaged packaging.
IF THERE IS A PROBLEM WITH THE SERVICES AND/OR PARTS
If you have any complaints in relation to the parts you have purchased or the Services you have received you can contact the Service Manager at the branch where you purchased the parts or Services.
If you wish to exercise your legal rights to reject any parts you must return it to us in good condition and in the original undamaged packaging at the dealership you dealt with.
If there is a fault with your vehicle, following it the Services, you may have the right to require repeat performance or a reduction in price under the remedies provided within the Consumer Rights Act 2015.
You may also have rights under any manufacturer’s warranty to cover the costs of any repairs. Your warranty could be invalidated if you take the vehicle to a non-authorised repairer, you should contact the manufacturer before taking the vehicle to a non-authorised repairer.
You will not have a right to the remedies for any defects arising from normal wear and tear, wilful damage, negligence by you, or any third party, use of the vehicle other than as recommended by us or the vehicle’s manufacturer, failure to follow our or the vehicle’s manufacturer’s instructions or any relevant alteration carried out without our approval.
We will not be held reasonable for parts that are damaged as a result of incorrect fitting by a third party supplier.
EXTENT OF OUR LIABILITY
Nothing in these terms and conditions will exclude or limit our liability for death or personal injury caused by our acts or omissions or for fraud or fraudulent misrepresentation.
If you are buying the parts or Services as a Consumer, then we will be responsible for the loss or damage you suffer, which is foreseeable as a result of us breaking this Contact. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.We are not responsible for any loss or damages which are not foreseeable.
If you are a consumer we only supply the Services and/or parts for domestic and private use. If you use the Services and/or parts for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these terms and conditions will affect the statutory rights of a Consumer.
NON CONSUMER TRANSACTIONS
If you are purchasing the parts or services other than as a Consumer, then the following further conditions shall apply:
- · you will be entitled to the benefit of any express warranty or guarantee agreed in writing at the time of this Contract. Any such warranty or guarantee will be in substitution for your statutory rights and all other warranties, conditions and other terms implied by statutory common law (save for conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Contract;
- · we will not be liable to you for any loss of profit, loss of opportunity, loss of business, depletion of goodwill or loss of use, whether this arises as a direct, indirect or consequential loss nor for any consequential compensation whatsoever; and
- · you acknowledge that you have not entered into the Contract on the basis of any statements made by our employees or agents which have not been reduced to writing and signed by both parties.
EVENTS OUTSIDE OUR CONTROL
We reserve the right to defer the date of delivery of the parts and/or Services or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either yours or our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give us written notice to cancel the Contract.
If you have any complaints in relation to the parts you have purchased or the Services you have received you can contact the Service Manager at the dealership you dealt with.
We will use the personal information you provide to us:
(a) to supply the vehicle to you;
(b) to process your payment for the Services and/or parts;
(c) to share with any company within our group companies; and
(d) if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these communications at any time by contacting us.
We will only give your personal information to parties outside our group companies where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under the Contract to another organisation, This will not affect your rights or our obligations under this Contract.
You may only transfer your rights or your obligations under the Contract to another person if we agree in writing. We may not agree if the transfer substantiality affect our rights or obligations under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The Contract is governed by English Law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by English law. We both agree to the exclusive jurisdiction of England and Wales. However, if you live in Scotland you can bring legal proceedings in respect of the vehicle in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the vehicle in either the Northern Ireland or the English courts.