DEFINITIONS:

"Conditions" means the conditions set out in this document

"Used Car Checks" means the vehicle inspection to be carried out by Us in accordance with the Used Car Check list set out on the Used Car Checks Report

"We/Us/Our" means the garage carrying out this Used Car Checks service

"You/Your" means You the person firm or company who requests Used Car Checks from Us

CONDITIONS APPLICABLE

1. The Conditions shall apply to the provision of the Used Car Checks to the exclusion of all other terms and conditions and no variation to these Conditions shall be binding unless agreed in writing by Our authorised representative. If you require any changes please make sure you ask for these to be put in writing.
   
2. Unless agreed in writing by Us the Used Car Checks shall not be deemed to incorporate any opinion expressed by Us in relation to vehicle values or rectification or repair costs. Any estimates for repair/rectification or values given by the engineer in connection with a check reflect the subjective opinion of the engineer concerned and are given solely as a matter of goodwill.
   
3. Any times given for the Used Car Checks are approximate only and We shall not be liable for any reasonable delay and time for performance shall not be of the essence unless previously agreed by Us in writing
   
4. Used Car Checks is not available for commercial vehicles.

USED CAR CHECKS

1. Except as provided below, We shall inspect those items listed on the Used Car Checks sheet and report to You in respect of any defects We identify.
   
2. Repairs and replacement panels shall not be deemed a defect if carried out to a professional standard and We shall not be obliged to report to You in respect of such repairs/replacement panels.
   
3. The durability of an exhaust or clutch system is difficult to predict and the fact that such items have not been identified as faulty should not be taken to imply that such systems will be have an indefinite life expectancy from the time of the Used Car Checks.
   
4. We shall only undertake road tests on vehicles in circumstances where You have provided Us with a valid MOT certificate and We are of the reasonable opinion that it is safe to do so. We will not be obliged to carry out a test drive if the customer is unable to confirm that the vehicle concerned has a valid MOT. The carrying out of a test drive does not mean that we have seen a valid MOT certificate.
   
5. We shall not be responsible for rectifying any defects or carrying out any repairs and it shall be Your responsibility to make appropriate arrangements for the delivery of the vehicle prior to the time notified by Us for the Used Car Checks and promp
   collection of the vehicle following the Used Car Checks.
   
6. We shall only inspect those items reasonably accessible and (without limitation) We shall not inspect or report on:
   
   • internal mechanical items or items where inspection would require Us to disassemble any parts or components
     
   • in car entertainment systems
     
   • air conditioning or climate control units/systems
     
   • alarm systems
     
   • computer and satellite navigation systems
     
   • oil/fuel consumption
     
   • source of oil leaks
     
   • exhaust emissions
     
   • brake lining material.
     
   • brake fluid contamination.
     
   • cylinder compression
     
   • vehicle electrics and electronics.
     
   • heated seats

CANCELLATION

Either party shall be entitled to cancel the provision of the Used Car Checks by giving the other party at least 5 days written notice prior to any date given for performance.

WARRANTIES AND LIABILITIES

1. We warrant that Used Car Checks will be carried out with reasonable skill and care.
   
2. Any warranty or guarantee given by Us in respect of the Used Car Checks shall be subject to the following conditions:
   a) We shall not be responsible for verifying the accuracy of odometer readings or confirming the service history of any vehicle.
   b) We shall be under no liability or in any way responsible for any defects which would not have been apparent on the inspection of the vehicle.
   c) We shall be under no liability in respect of any defect arising from wear and tear or where, at the date of inspection, performance of the item was satisfactory.
   d) We shall be under no liability in respect of any opinion expressed by Us as to the likely costs of any repairs or costs of rectification (and any such opinions expressed by Us shall not be deemed to be comprised in the Used Car Checks).
   e) We shall be under no liability under any condition warranty or guarantee if the Fee has not been paid.
   
3. We shall not be liable to You for any loss of profits, economic loss and loss of goodwill (whether direct or indirect) or for any indirect, purely economic losses incurred as a result of or in connection with any Used Car Checks whether resulting from breach of contract, negligence, breach of statutory duty or otherwise.
   
4. Our liability hereunder for any delay in performing or any failure to perform any of Our obligations in relation to the Used Car Checks shall be limited to the excess (if any) of the cost to You in the cheapest available market to replace the services not performed.
   
5. Nothing in these Conditions is intended to nor shall it limit any liability on Our part in respect of death or personal injury caused by Our negligence.
   
6. Where You are dealing as a consumer Your statutory rights are not affected by these Conditions.

GENERAL

1. If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
   
2. Any notice given hereunder must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed.
   
3. Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.
   
4. The Contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.
   

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