Service and Aftersales Terms

1.1 Agnew Group is the overarching trading term for all the Agnew Group companies. Isaac Agnew (Holdings) Limited which is a company registered in Northern Ireland under company name NI000668 is the parent company for all the Agnew Group companies Our VAT number is (GB610625086)

1.2 The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of Agnew) shall constitute the entire contract between the parties.

1.3 Any person who is not a party to the contract may not in their own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned by you (“the Customer”).

1.4 These are the terms and conditions on which Agnew supplies the goods detailed on the face of the order form (the “Goods”) and any work to be done by Agnew whether by way of repairs, servicing, fitting or otherwise (“Work”). Nothing in these terms and conditions is intended to affect, nor will it affect, a consumer’s statutory rights.

1.5 The Customer will be deemed to have accepted these terms and conditions if he or his insurance company give instructions or place orders by any means for Work to be done or Goods to be supplied.

2.1 An estimate is a considered approximation of the likely cost involved for the Work and/or Goods and is valid for a period of 14 days from its despatch by Agnew to the Customer.

2.2 If the Customer or his agent deposits a vehicle with the Company for an estimate, a storage charge based on the Company’s current rates will be charged to the Customer from the 15th day after the despatch of the estimate by Agnew unless the estimate is accepted by the Customer within 14 days of such despatch, or the vehicle is removed by the Customer from the premises within that period.

2.3 Prices of the Goods are those current at the time of the estimate and Agnew reserves the right to increase such prices if the price to Agnew is increased between preparing the estimate and obtaining the Goods.

2.4 Unless otherwise agreed in writing, if it appears during progress of any work that the estimate will be exceeded by a significant amount Agnew will not continue the Work without further express permission (oral or written) from the Customer.

2.5 All prices are exclusive of any applicable Value Added Tax.

3.1 Agnew shall carry out the Work in accordance with the specifications as far as reasonably possible but shall have the right to make any changes to the Work which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or the quality of the Work. Agnew shall notify the Customer in any such event.

3.2 Any variation agreed between Agnew and the Customer in Work to be done or Goods to be supplied shall be deemed to be an amendment to this contract and shall not constitute a new contract.

3.3 Agnew shall use all reasonable endeavours to do Work or supply Goods within any time period notified to the Customer, but any such dates shall be estimates only and time shall not be of the essence. Agnew shall not be liable for delays.

3.4 If for any reason Work requested by the Customer is not carried out in full Agnew will charge a reasonable amount for any Work actually carried out and the then current price for any Goods supplied or fitted.

4.1 The Customer’s right to end the contract will depend on what they have bought, whether there is anything wrong with the Work or Goods purchased, how Agnew is performing and at what stage the Customer wishes to end the contract.

4.2 If the Customer is ending the contract for any of the reasons set out at (a) to (c) below, the contract will end immediately and Agnew will refund the Customer in full for any Goods which have not been provided and the Customer may also be entitled to compensation:
(a) Agnew has told the Customer about an error in the price or description of the Goods or Work and the Customer does not wish to proceed;
(b) There is a risk that supply of the Goods or the Work may be significantly delayed because of events outside Agnew’s control;
(c) The Customer has a legal right to end the contract because of something Agnew has done wrong.

4.3 Except as provided by law or these terms and conditions, no order which has been accepted by Agnew may be cancelled by the Customer, except with the agreement of the Company and on terms that the Customer indemnifies the Company in full against all loss (including loss of profits), costs, damages, charges and expenses incurred by Agnew as a result of cancellation.

5.1 All Work and Goods shall be paid for upon delivery or in accordance with any credit terms agreed in advance.

5.2 Work shall be deemed complete when the Customer is so advised by Agnew. The Customer will pay Agnew for all work done and Goods supplied as well as any storage charges before any vehicle may be removed from Agnew’s premises.

5.3 If the total price or any part of the price for the Goods and/or Work carried out is to be paid by cheque whether bank or building society then prior notice of such payment must be made to Agnew and the cheque paid to Agnew no less than 5 working days in advance of the estimated delivery date. A cheque given in payment or part payment shall not be treated as a discharge until same has been cleared.

6.1 If the Customer shall fail to collect and/or pay for the Goods within 7 days of being advised that Work is complete, Agnew may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss of expenses which Agnew may have suffered or incurred by reason of the Customer’s default and/or other storage costs and Agnew shall be under no further liability to the Customer.

6.2 Agnew may sell the vehicle if the Customer fails to collect it within 3 months of being notified that the Work has been completed and the Customer fails to pay any monies due to the Company. Upon any sale Agnew shall pay the balance of the proceeds of sale to the Customer after deducting all monies due to Agnew (whether arising for the latest or an earlier bailment) and all costs of sale.

6.3 Interest at the rate of 3% over Ulster Bank Limited base rate from time to time (both before and after judgement) will be charged from the due date until payment.

7.1 Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until the total price payable has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.

7.2 Until such times as the property in the Goods passes to the Customer, the Customer shall keep the Goods properly stored, protected and insured and identified as Agnew’s property. Until full payment of the price has been received by Agnew, the Customer shall hold the Goods supplied hereunder in a fiduciary capacity for Agnew. Further, Agnew shall be entitled at any time to require the Customer to deliver up the Goods to Agnew and if the Customer fails to do so forthwith, the Customer grants Agnew an irrevocable licence to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

7.3 The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of Agnew, but if the Customer does so all monies owing by the Customer to Agnew shall (without prejudice to any other right or remedy of Agnew) forthwith, become due and payable.

7.4 The Customer’s right to possession of the Goods supplied hereunder shall cease if, not being a company, he does anything or fails to do anything which would entitle any person to present a petition for bankruptcy or being a company, it does anything or fails to do anything which would entitle an administrator or administrative receiver to take possession of any assets or would entitle any person to present a petition for winding up.

Unless otherwise agreed in writing delivery of the Goods shall be at Agnew’s premises.

9.1 Except in respect of death or personal injury caused by Agnew’s negligence, or any loss caused by the fraud of Agnew, Agnew shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for (a) any loss or damage incurred by the Customer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if Agnew was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract which arose out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude Agnew’s liability or limit the Customer’s rights in any way that cannot be restricted but only to the extent that the Customer is a consumer.

9.2 Agnew is only responsible for loss of or damage to any vehicle or its accessories or contents caused by the negligence of Agnew or its employees. Except in respect of death or personal injury, the liability of Agnew to the Customer for any direct loss, damage, cost or expense shall be limited to £1,000,000 in respect of any one event or series of connected events. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely on his own insurance.

9.3 Agnew shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations, if the delay or failure is due to any cause beyond Agnew’s reasonable control.

All parts replaced during any Work done, except those to be returned under warranty or service exchange arrangements, will be retained by Agnew until the vehicle is collected. If the Customer does not specifically ask to have such replaced parts when collecting the vehicle, they will become the property of Agnew to dispose of as it deems

11.1 Goods will be accepted back for credit provided that the Customer returns the Goods (in the same condition as when supplied) within 5 working days of delivery, the original invoice is produced, the Customer pays Agnew’s current handling charges for returned Goods and the Goods were not specifically ordered by the Customer.

11.2 Save as in the above circumstances, Goods will not be accepted back by Agnew.

The instructions for use, cautionary notices and other technical notices and information as supplied to the Customer with the Goods must be strictly observed.

13.1 Subject to clause 13.2, Agnew assigns to the Customer the benefit of the applicable manufacturer’s warranty in respect of any genuine vehicle manufacturer parts fitted during the Work. Agnew warrants its Work to be free of defects in workmanship for a period of 3 months or 3,000 whichever occurs sooner, from the date of completion of the work.

13.2 No warranty will apply if and to the extent that a defect is caused or worsened by one or more of the following, namely (a) a failure to inform Agnew of the defect or have it examined by Agnew and a failure to give Agnew the opportunity to remedy it; (b) if the Goods have been subjected to misuse, negligence or accident or used in a vehicle for racing, rallying, or similar sports; (c) the installation of a part into Goods, the use of which has not been approved by Agnew or the alteration of the Goods in a manner not approved by Agnew; (d) non-adherence to instructions concerning the treatment, maintenance and care of the Goods or a failure to have the relevant vehicle serviced in accordance with Agnew’s recommendations; or (e) the repair or maintenance of the Goods by a person other than a person authorised by Agnew.

13.3 If the Work includes painting and the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the Work but no warranty can be given in this respect or to the effect that the new paintwork will match existing paintwork exactly.

13.4 The warranties contained in this clause 13 are in addition to any other remedies the Customer has under the contract.

14.1 In certain circumstances a contract for the purchase of Goods or for Work may take place by phone or by email (or both). Agnew’s acceptance of the Customer’s order will take place when Agnew emails the Customer to accept it at which point a contract comes into existence between the Customer and Agnew. In some circumstances acceptance may be confirmed by telephone. If the Customer falls under the definition of “consumer” as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and has placed an order for Goods or for Works without face to face contact with Agnew, the Customer may cancel the order at any time up to (i) the fourteenth day after collection of the Goods in the case of a purchase for goods or (ii) in the case of the provision of services, the fourteenth day after the date Agnew confirms acceptance of the contract. However, once Agnew have completed any services the Customer cannot change its mind, even if the period is still running. If the Customer cancels after Agnew has started the services, those services must be paid for up to the date of cancellation. To cancel the Customer may complete the cancellation form attached to these terms and conditions. Upon cancellation any related credit agreement will be cancelled.

14.2 Upon cancellation the Goods must be immediately returned to Agnew at the Customer’s cost. The Customer must take reasonable care of the Goods and remains liable for the Goods until they are returned to Agnew. Agnew will pay the costs of return of the Goods if cancellation is as a result of the products being faulty. In all other circumstances (including where the Customer is exercising his right to change his mind) the Customer must pay the costs of return.

14.3 The cost of delivery (if available) will be made known to the Customer at the time of purchase. Should delivery be available, Agnew will deliver the Goods to the Customer as soon as reasonably possible.

14.4 If the Customer has requested to collect the Goods from Agnew’s premises, they can be collected at any time during Agnew’s normal working hours.

14.5 The Customer will be responsible for the Goods from the time of delivery to the address given by the Customer (or a carrier organised by the Customer) or the Customer collects the Goods.

14.6 The Customer shall indemnify Agnew for any loss suffered as a result of alteration, modification or things done to the Goods.

14.7 It should be noted by the Customer that if the Goods are made to the Customer’s specifications or are clearly personalised the Customer will not have the right to cancel the contract in accordance with this clause 14.

Agnew shall be entitled to carry out its obligations under this contract by sub-contractors but shall be responsible for the quality of their work.

In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, Agnew has selected Motor Codes Limited as its certified alternative dispute resolution provider should you have any complaint. In the event that any complaint between the Customer and Agnew cannot be satisfactorily resolved, the Customer may refer the matter to The Motor Codes Dispute Resolution Service (please visit www.adr.motorcodes.co.uk). This access to conciliation or arbitration services applies only if the Customer is a consumer and does not apply to businesses or traders.

The Company will retain the information shown on the job card and invoice for sales, service and warranty purposes as Data Controllers. This information will be shared with the vehicle manufacturer. The Company, or the vehicle manufacturer, may contact the Customer to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by the Company or the vehicle manufacturer. The Customer has a right to object to the processing of their information for these purposes at any time. Please see our privacy notice published on the Agnew Group website www.agnewcars.com/legal/ for further information about how we use, process and share your data or to object to processing of your personal data.

Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received. In the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

Any waiver by Agnew or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted without the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause

This contract shall be governed by the laws of Northern Ireland and the parties shall submit to the jurisdiction of the Northern Irish courts.