| 1 In these terms and conditions: the terms “Pure Service”, “Customer” “Estimated Date” and “Vehicle” are defined in the Order Form; “Services” and “Parts” are specified in the Order Form; “Contract” means any order for Services placed by the Customer and accepted in writing by Pure Service incorporating these terms and conditions of business; “Manufacturer” means the Vehicle’s manufacturer; and “Price” means the price of the Services and Parts as specified in the Order Form. |
| 2 Pure Service shall provide the Customer with Services and Parts in accordance with the terms set out in the Order Form and these terms and conditions. No other terms, promises, proposals or statements, whether written or oral, shall apply to any Contract. |
| 3 Pure Service offers two main types of services: “Warranty Plus” and “Three Year Plus”. |
| 4 The “Warranty Plus” service shall, unless the Customer instructs Pure Service to the contrary, be carried out in accordance with the Manufacturer’s specification and Pure Service shall use only those parts and lubricants specified by the Manufacturer in order to maintain the Vehicle’s three-year Manufacturer warranty. The “Warranty Plus” service is comparable in all material respects to that carried out by a main dealer. |
| 5 The “Three Year Plus” service allows the Customer to choose whether Pure Service shall carry out the Services in accordance with the Manufacturer’s specifications for lubricants, parts and services or use parts and lubricants of a similar specification and quality. |
| 6 Pure Service does not accept liability for the Customer’s failure to book the Vehicle for a service in accordance with the Manufacturer’s time or mileage specifications. |
| 7 The Customer and Pure Service shall complete and sign Pure Service’s vehicle condition form at the time the Vehicle is delivered by the Customer or, as the case may be, collected by Pure Service. |
| 8 Pure Service shall endeavour to provide the Services and Parts by the Estimated Date. Pure Service shall notify the Customer within 24 hours of it becoming aware that it is unable to provide the Services and Parts by the Estimated Date. Pure Service shall not be liable for any delay in providing the Services and Parts by the Estimated Date if the delay is due to circumstances that were unforeseen by Pure Service at the time the Contract was entered into. |
| 9 Pure Service shall notify the Customer if it becomes aware that the Vehicle requires services or parts not specified on the Order Form. Pure Service shall not undertake additional services or provide such additional parts until the Customer agrees to such further services/parts being provided. |
| 10 The Price shall be payable once Pure Service has provided the Services and Parts. The Customer shall pay the Price to Pure Service in full before the Vehicle is released to the Customer by Pure Service. Payment must be in the form of cash, debit or credit cards of a type accepted by Pure Service or cheque supported by cheque guarantee card. |
| 11 If the cost of Pure Service providing Parts increases between the time the Contract is made and the time that the Services are provided because of an increase in the price of such Parts charged by a third party, the Customer shall pay an amount equal to such increase at the time they make payment of the Price. |
| 12 The Customer shall pay for any part of the Services and any Parts provided by Pure Service where the Customer cancels the Contract or instructs Pure Service to stop providing the Services and Parts after Pure Service has begun to provide the Services and Parts. |
| 13 The Customer shall pay all reasonable storage costs charged by Pure Service in the event that the Customer does not collect the Vehicle within 7 days of the Services being provided unless such failure to collect is wholly or mainly the fault of Pure Service. |
| 14 Pure Service warrants that the Services shall be free of defective workmanship. This warranty shall be valid until the sooner of three months from the date that the Services are completed or until the Vehicle travels 3,000 miles after the Services have been provided. |
| 15 The Customer shall notify Pure Service of any suspected fault or defect in the Services or Parts within 48 hours of the Customer becoming aware of such suspected fault or defect. The Customer must, in the event that they suspect that there is a fault or defect in relation to the Services or Parts provided, allow Pure Service to inspect the suspected fault and repair or replace any Part which Pure Service agrees is faulty and/or make good any deficiency in the relation to the Services. Pure Service shall have no further liability for any fault or defect which it repairs, replaces or makes good. |
| 16 Pure Service shall not be liable for any delay or failure to perform the Services or provide the Parts as a result of any cause beyond its reasonable control. |
| 17 Pure Service may assign the Contract to any person(s) or corporate body who acquires its business or any part of it. |
| 18 Pure Service and the Customer acknowledge that they do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the Contract. |
| 19 If any provision of the Contract is found by any court or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. |
| 20 Pure Service shall not waive or be deemed to have waived any breach or default of the Customer unless such waiver is confirmed in writing and signed by one of its authorised agents. |
| 21 Nothing in the Contract excludes or limits the liability of either party for death or personal injury caused by such party’s negligence or for fraudulent misrepresentation nor are the Customer’s statutory rights affected. |
| 22 The laws of England shall govern the Contract and Pure Service and the Customer submit to the jurisdiction of the English courts. |
