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1. The Company* reserves the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order).
*
2. All 'Special Orders' correctly supplied and of satisfactory quality will not be accepted for credit. All other goods supplied that are of satisfactory quality subject to those goods being in their original packaging, unopened and having not been used will not be accepted for credit more than 7 working days from the date of issue on production of this invoice/order.
3. Worn units will only be accepted in a clean and oil free condition.
4. All claims or queries pertaining to this invoice/order must be made within 7 working days of issue quoting this invoice/order number.
5. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery.
6. Except in so far as liability may be placed upon the Company by the Unfair Contract Terms Act 1997, or in respect of a vehicle subject to a manufacturer's Warranty or other written warranty, no warranty is given or implied as to the quality of goods or services or their fitness for any particular purpose, whether known to the Company or not. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s defaults or negligence and shown to be such to the Company’s satisfaction.
7. Subject to clause 8 below, the Company assigns to the customer, the benefits of any applicable manufacturer's warrant for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 12000 miles, whichever occurs sooner from the date of completion of work
8. The Company's obligation under clause 7 shall be mitigated or removed if any defect is caused or worsened by any of the following:-
i. Failure to notify the Company of the defect.
ii. Failure to afford the Company opportunity to rectify the problem within a reasonable timescale.
iii. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
iv. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
v. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
9. VARIATIONS TO ESTIMATE
This estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause.
Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
10. PAINTWORK
Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.
11. DELIVERY
The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time• cannot be met, although it can accept no responsibility for delays outside its control. "
12. PAYMENT
Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.
13. LIABILITY
Where the Company contracts to carry out a defined repair or diagnostic operation, the Company's liability shall be limited to the performance of such work as may be defined by the standard manufacturer's schedule as coming within the scope of such operation.
14. USE OF THE CUSTOMER'S VEHICLE
The Company and its employees and agents are expressly authorized to use the customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.
15. LIEN
The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.
16. RISK/DELAY
Subject to the provisions of the Unfair Contract Terms Act 1997 and any amendment thereof vehicles, including components, fittings and contents are left with the Company entirely at the customer's risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Company, its employees or agents.
17. BANKRUPTCY/ INSOLVENCY OF CUSTOMER
If the customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a receiver of his effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.
18. STORAGE CHARGES
If, following the completion of services the customer's vehicle(s) is not collected within 5 days of notification by the garage that the work is complete, the Company reserves the right to charge storage at £25 per day.
19. REPLACEMENT PARTS
The Company shall obtain the customer's express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
20. EXCHANGE UNITS
In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacturer's credit note is received, the surcharge will be cancelled.
21. DISPOSAL OF UNCOLLECTED GOODS
Any vehicle which is not collected by the customer and in respect of which payment for repairs carried out has not been made within one calendar month of the customer having been advised of the completion of the work may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the customer last known to the Company and shall be deemed to have been received by the customer on the day following the date of posting or if that shall be a Sunday or a Public Holiday to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the customer or orward the same to the customer at the customer's last known address.
22. STATUTORY RIGHTS
Your statutory rights under the Sale and Supply of Goods Act and consumer legislation are not affected by these terms and conditions.
23. DATA PROTECTION
The Company will hold the information overleaf for sales, service and warranty purposes as data Controllers. This information may be passed to other carefully selected third party organisations. We, or they, may contact you by email, telephone or letter to inform you of products or services which may be of interest to you, or you may be asked to participate in a customer survey by either the Company, your vehicle manufacturer or third party. If you do not want your information to be used in this way please notify us by writing to the department Manager at the branch you used which is either Flear & Thomson Ltd, 128-140 Pittencrieff Street, Dunfermline, Fife, KY12 8AN or Flear & Thomson Ltd, Kerse Road, Stirling, FK7 7LA
24. All the agreements between the Company and the customer are personal to customers who may not assign his rights or liabilities to any third party by any means.
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Flear & Thomson Ltd relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Flear & Thomson ‘or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Flear & Thomson Ltd, 128-140 Pittencrieff Street, Dunfermline, KY12 8AN company registration number is SC28660. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Distance Selling Regulations:If you 'customer' show interest in a car, Flear & Thomson on occassions will take a 'holding deposit' until the vehicle is physically viewed by you ,meaning we will not sell the car to anyone else. You will be under no obligation to buy until you have physically seen the car and are happy with it. If Distance Selling Regulations are applicable the following applies: a) Cancellation right upto 7 days after you take delivery of the vehicle; b) the car must be returned to us Flear & Thomson, 128-140 Pittencrieff Street, Dunfermline, KY12 8AN or if not, then you must pay the cost of collecting it.
We do not store credit card details nor do we share customer financial details with any 3rd parties”)
REFUND & CANCELLATION The Consumer Protection (Distance Selling) Regulations 2000 permits consumers to cancel a contract after it is has been entered into subject to certain limitations and requirements. Your right to cancel will depend on the type of goods and services you are purchasing from us, and are detailed as follows:
i. Provision of parts; where the part is ordered at a distance you will have the right; subject to some statutory exclusions, to cancel the contract and return the goods within 7 working days of receipt.
ii. Provision a of service/parts fitted: where the service is ordered at a distance you will have the right to cancel; subject to some statutory exclusions, within 7 working days as long as the service is not provided within that time.
If you have the right to cancel then:
i. You will need to send a notice/letter in writing to us stating that you wish to cancel the contract between us Flear & Thomson and you; and
ii. you will need to send us Flear & Thomson the notice of cancellation within 7 working days, with the 7-day period starting with the day after you receive our confirmation that there is a binding contract between you and Us Flear & Thomson;
iii. you can send us the notice of cancellation by e-mail or by post marked for the attention of the Department Manager (Sales Manager, Parts Manager,Service Manager or Aftersales Manager;
iv. after we receive your notice of cancellation we will refund any money you have paid to us within (number not more than) 30 days.
Once safe receipt of the goods has been established by Flear & Thomson a refund will be processed. This refund will be executed in the same way that payment was made originally by you and will be made 30 days following delivery. Should any of the above conditions fail to be met then the deductions, as specified, will be made from the refund accordingly. The cost of collection will also be deducted.
Customer Satisfaction and Complaint. Flear & Thomson Ltd subscribe to The Motor Ombudsman:
Flear & Thomson ltd subscribe to the The Motor Ombudsman (Motor Industry Code of Practice for Service and Repair).
In the first instance, should you feel that we have not provided a satisfactory standard with regards to Service and Repair please contact us on;
• Flear & Thomson Ltd Dunfermline 01383 441438
• Flear & Thomson Ltd Stirling 01786 476290
Most complaints will manage to be resolved through your Sales Advisor or Service Advisor. At Dunfermline & Stirling, we have both a Sales Manager & Aftersales Manager, who will be only too happy to communicate with you should you wish. If you feel you wish to escalate it further, you should direct it up to Dealer Principal level (Stirling store only) (Dunfermline store, please refer to Sales & Aftersales Manager).
Once our contact over an issue has concluded, should you feel we have not provided a satisfactory solution, we would refer you to the Motor Ombudsman (Motor Industry Codes Advisory and Conciliation Service). Their role is to ensure that we are acting responsibly and fulfilling our obligations under the Motor Industry Code of Practice for service and repair. Motor Ombudsman (The Motor Codes Advisory and Conciliation Service) will offer free impartial advice and when appropriate an Alternative Dispute Resolution (ADR) service that we are fully committed to in the event that you are not satisfied with the outcome of a dispute.
The Code Advisory and Conciliation Service can be contacted using the Advice Line number below, and will offer free impartial advice.
For further information you can visit their website at www.TheMotorOmbudsman.org or call their Code Advisory and Conciliation Service Consumer Advice Line free phone number: 0843 910 9000.
Code Advisory and Conciliation Service address: The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN
