1. Definitions
In these Terms, ‘Company’ means A3E Auto Ltd. ‘Customer’ means the person or entity instructing the Company to carry out work. ‘Vehicle’ means the vehicle delivered to the Company. ‘Services’ means all inspections, diagnostics, servicing, repairs, testing, programming and associated works undertaken by the Company.
2. Acceptance of Terms
By delivering a Vehicle for inspection or repair, approving an estimate or authorising work (whether verbally, electronically or in writing), the Customer accepts these Terms and Conditions. These Terms constitute the entire agreement unless varied in writing by a Director of the Company.
3. Estimates and Quotations
Any estimate is provided in good faith based upon defects reasonably identifiable at the time of inspection. Unless expressly stated to be a fixed quotation, all estimates are indicative only. The Customer acknowledges that vehicle repairs are investigative by nature and that dismantling may reveal hidden defects, latent failures, corrosion, prior poor workmanship or consequential damage not capable of being identified during the initial inspection. Where further work becomes necessary, the Company shall seek the Customer’s authority before undertaking additional chargeable work where reasonably practicable.
4. Diagnostic Services
Diagnostic services are chargeable irrespective of whether a fault is ultimately identified or repaired. Intermittent faults, electrical issues, software faults and CAN communication faults may require extended testing over several visits. No guarantee is given that every fault can be diagnosed without further dismantling or specialist investigation.
5. Customer Authorisation
Authorisation may be provided verbally, by email, text message or any other recorded communication. The Company may rely upon such authorisation when proceeding with work.
6. Parts
Unless otherwise agreed, parts supplied by the Company shall be new OE, OEM or equivalent quality components. Customer-supplied parts are installed entirely at the Customer’s risk. The Company gives no warranty whatsoever in relation to customer-supplied parts and accepts no liability for defects, incompatibility or consequential damage arising from their use.
7. Engine Rebuilds
Engine rebuilds are limited strictly to the components identified on the invoice or estimate. Hidden casting defects, cracked cylinder heads or blocks, contaminated lubrication systems, injector failures, turbocharger failures, emissions system defects and ancillary component failures remain excluded unless specifically supplied and invoiced by the Company.
8. Running-In Requirements
Following an engine rebuild or replacement engine installation, the Customer shall comply with all written running-in instructions, including early oil and filter changes, correct lubricant specification and avoidance of excessive engine load. Failure to comply may invalidate the warranty.
9. Warranty
Unless otherwise stated in writing, qualifying repairs supplied and fitted by the Company benefit from a warranty of twelve (12) months or twelve thousand (12,000) miles, whichever occurs first. Warranty is limited to rectification of the specific defect in workmanship or parts supplied by the Company.
10. Warranty Exclusions
Warranty excludes normal wear and tear, consumables, servicing, software updates, manufacturer recalls, unrelated component failures, overheating, misuse, neglect, motorsport use, modifications, poor maintenance, contaminated fuel or lubricants, customer-supplied parts and any consequential damage resulting from continued use after a defect has become apparent.
11. Customer Duty to Mitigate
The Customer shall cease using the Vehicle immediately where continued operation could reasonably be expected to cause further damage. The Company shall not be liable for damage caused by the Customer’s failure to mitigate losses.
12. Payment
Unless otherwise agreed in writing, payment is due immediately upon completion of the Services. The Company reserves a common law lien over the Vehicle and may retain possession until all sums due have been paid in cleared funds.
13. Retention of Title
Legal and beneficial title in all parts supplied shall remain vested in the Company until payment has been received in full.
14. Storage
Storage charges may be levied on Vehicles not collected within forty-eight (48) hours of notification that the Services have been completed. The prevailing daily storage rate shall apply.
15. Abandoned Vehicles
Where a Vehicle remains uncollected for an unreasonable period, the Company reserves all rights available under the Torts (Interference with Goods) Act 1977, including the right to recover outstanding charges following service of the appropriate statutory notices.
16. Limitation of Liability
To the fullest extent permitted by law, the Company’s aggregate liability shall not exceed the amount paid by the Customer for the specific Services giving rise to the claim. The Company shall not be liable for indirect, incidental or consequential loss including loss of earnings, vehicle hire, recovery costs, accommodation, business interruption or loss of profit. Nothing excludes liability which cannot lawfully be excluded under the laws of England and Wales.
17. Photographic Evidence
The Company may photograph, video record and retain images of the Vehicle, removed parts and repair process for evidential, warranty, training, quality assurance and dispute resolution purposes.
18. Force Majeure
The Company shall not be liable for delays caused by events beyond its reasonable control including supply shortages, manufacturer backorders, transport disruption, software outages, industrial action, severe weather or governmental restrictions.
19. Dispute Resolution
The parties shall endeavour to resolve disputes amicably before commencing legal proceedings. The Company may participate in recognised automotive alternative dispute resolution schemes where appropriate.
20. Governing Law
These Terms shall be governed exclusively by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.