Terms of Business

1. Definitions and Interpretation

1.1 Definitions

In these terms unless the context shall require otherwise:

• "Company" means Vogue Technics LTD and its successors and assigns
• "Completion" means the date of the Company's notice to the Customer that Work has been completed or the date Goods are supplied
• "Contract" means the contract between the Company and the Customer for the sale or supply of Work and/or Goods
• "Customer" means the person, firm or company at whose request the Work is to be performed or Goods supplied
• "Estimate" means an estimate in writing given by the Company to the Customer
• "Genuine Parts" means vehicle parts manufactured by or for the Manufacturer
• "Goods" means any goods or replacements to be supplied by the Company under the Contract
• "Manufacturer" means the manufacturer of the Vehicle
• "Order" means the instructions written or otherwise received by the Company from the Customer
• "Price" means the price of the Goods and/or the charge for the Work
• "Vehicle" means a vehicle delivered to the Company upon which the Customer has requested Work
• "Work" means any works to be performed on a Vehicle at the Customer's request
• "Working Days" means all days other than Saturdays, Sundays and public holidays

1.2 Terms of Contract

These terms constitute the only terms of the Contract and no amendment or additions thereto shall be effective unless agreed in writing by an authorised representative of the Company.

1.3 Interpretation

Headings are for convenience only and shall not affect the construction of these terms; the masculine shall include all genders and the singular shall include the plural.

1.4 Errors

Any typographical, clerical or other error or omission in any Estimate, Order, acknowledgement of Order, invoice or other document issued by the Company shall be subject to correction without liability on the part of the Company.

1.5 Amendments

The Company reserves the right to amend these terms at any time without any notice. Any changes are effective from the date the amendments are made.

2. Formation of Contract

The Customer's request to the Company to carry out Work or supply Goods is an offer to enter into a contract upon these terms. Acceptance occurs and the Contract is formed upon the first of the following to occur:

• The Company accepting the Customer's duly signed authority to proceed with Work and accepting delivery of the Vehicle
• The Customer submitting a quote request through the Company website
• The Company accepting the Customer's authorisation to proceed with Work that they have been quoted via telephone, email or any other form of communication
• The Company commencing the Work
• The Company issuing to the Customer an acknowledgement of the Order signed and dated by an authorised representative
• In the case of Goods only, the Company proceeding to fulfill the Order

2.2 Personal Contract

The Contract is personal to the Customer and the Customer shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Company.

3. Customer's Insurer

In the event the Company carries out Work and/or supplies Goods on the authority of the Customer's insurer, the Customer's insurer will be deemed to be the Customer. The Customer remains liable to pay any amount not recovered from the insurer.

4. Estimates/Quotation

Any Estimate is a considered approximation of the likely costs of Work and/or Goods. Estimates do not constitute an offer by the Company and are valid for seven (7) days from the date stated thereon unless otherwise agreed in writing.

If the Customer delivers the Vehicle to the Company for the purposes of an Estimate and does not either give instructions for the Work or collect the Vehicle within seven (7) days from the date of the Estimate, the Company shall be entitled to store the Vehicle and charge the Customer the cost of storage. Storage charges shall be paid before the Vehicle may be removed.

If during progress of the Work, it appears that the Estimate will be exceeded by a significant amount, the Company will cease performing Work and notify the Customer of the anticipated costs and will not resume performance of Work until it has received the Customer's express permission to do so.

5. Price and Variation

Prices stated in any Estimate are based on the prices current at the date of the Estimate. The Company reserves the right to vary the Price by any amount attributable to a change in the Customer's instructions or any variation in cost to the Company of goods, materials, labour required or taxes between the date of the Contract and the date of Completion.

If the Price increases by more than 5% prior to completion of Work, the Company will notify the Customer. The Customer may then cancel the Contract in writing and pay only for Works carried out and Goods delivered up to that time.

6. Time for Performance

Dates and times given for completion of Work and/or delivery of Goods are approximate/estimates only. Time is not of the essence. The Company will use reasonable endeavors to perform Work or supply Goods within the specified time. The Customer shall not be entitled to reject Work/Goods completed or delivered later than the estimated date.

7. Completion and Payment

Payment of the Price shall be in either Debit card, Bacs Transfer or Cash. Upon completion of Work, the Company shall advise the Customer when the Vehicle is ready for collection. The Customer shall be obliged to pay for Work and/or Goods supplied and collect the Vehicle.

The Customer will pay the Company for all Work done and Goods supplied and any storage charges and all other amounts payable before the Vehicle may be removed from the Company's premises.

If the Customer fails to pay or collect the Vehicle within seven (7) days after Completion, the Company may store the vehicle and charge the Customer with the cost of storage. Storage charges shall be added to and form part of the Price.

If the Customer is in breach of any obligation to take delivery of the Vehicle, the Company may serve notice of its intention to sell/scrap the Vehicle upon the expiry of three months from the date of such notice. If the Customer fails within such period to pay all monies due and take delivery, the Company may sell/scrap the Vehicle. Upon any such sale, the Company shall pay the balance of the proceeds to the Customer after deduction of all monies due, interest and all costs of sale.

Interest will be charged on all sums due at the rate of 2% per annum above the base rate of Lloyds TSB Bank Plc from the date payment fell due until payment.

VAT will be charged on the Price at the rate ruling at the time of delivery of the Goods or Completion.

8. Risk and Retention of Title

Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer.

Until the Company has received payment in full of all sums owed to it on any account by the Customer, legal and beneficial title to the Goods shall remain in the Company. The Customer may use such Goods ("Retained Goods") as a bailee for the Company.

The Customer will store Retained Goods separately from their own Goods, keep them safe, in good condition and clearly identifiable as the Company's property with all identifying marks intact and legible.

9. Loss or Damage

The customer is strongly advised before delivering the Vehicle to the Company to remove from the Vehicle any items of property not related to the vehicle. The Company shall not be liable for loss or damage to any such item remaining in the Vehicle.

10. Replacement Parts

All parts replaced during performance of Work, except those that have to be returned to manufacturers or suppliers under warranty or service exchange arrangements, will be retained by the Company for return to the Customer upon collection of the Vehicle. If the Customer does not ask to take possession of such replaced parts when collecting the Vehicle, replaced parts shall become the property of the Company.

11. Cancellation

You may withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 14 days after you receive the product by sending notice of cancellation by email with your name, address and order reference number.

• Any items which have physically left the premises for dispatch will be subject to a cancellation fee which includes delivery charges and a restocking fee
• Any items which are returned without original packing, missing contents or not in their original condition will not be refunded
• VOGUE TECHNICS reserves the right to charge a 20% restocking fee for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order
• This does not include delivery and collection charges which are in addition to the handling fee

In relation to engine orders: All engines are supplied 'bare' (unless otherwise stated). A handling fee of 20% (minimum) will be applied in instances where a bare engine has no fault (such as swapping over sump, oil pickup pipe, timing case cover etc).

12. Returned Goods

The Company may (in its absolute discretion) agree to rescind the Contract to the extent that it is for the supply of Goods and accept return of Goods upon the following conditions.

13. Sub-Contracting

The Company shall be entitled to appoint sub-contractors for the performance of its obligations under the Contract.

14. Health & Safety

Upon delivery of a Vehicle to the Company, the Customer shall immediately inform the Company of any circumstances or matters known to him which render the Vehicle unsafe or in a hazardous condition.

The instructions for use, cautionary notices and other technical notices supplied to the Customer with the Goods have been prepared by the relevant manufacturer. The Company shall not be liable for any loss or damage suffered by the Customer through the Customer's failure to read and comply with instructions specified in such notices.

15. Warranties

15.2 Warranty Coverage

The Company's liability for defective Work and/or Goods is limited in all circumstances to remedying the Work and/or Goods and supplying (where necessary) replacement parts and/or Goods.

15.3 Warranty Conditions

The Company's liability applies only to defects appearing whilst the Vehicle has been used and driven in a proper manner and serviced in accordance with the Manufacturer's recommendations. The Company shall not be liable for defects arising out of normal deterioration, failure to follow the Company's instructions or improper or faulty handling of the Vehicle.

15.6 Engine Rebuild Warranty

On all Re-Build Engines warranty will be void if:

• Vehicle has a tow bar found on it or if vehicle is used for towing
• Vehicle has been remapped or modified in any way
• Vehicle has a LPG Kit fitted to the vehicle
• Vehicle has a nonstandard Fuel system

15.7-15.11 Additional Warranty Exclusions

• Warranties do not cover any hired/rented vehicles
• 'Vogue Technics' does not cover Recovery costs
• 'Vogue Technics Ltd' Warranty covers only The Bare Block and Cylinder Head and everything internal to these components only. Customers ancillaries are not covered
• Warranties are not transferable
• Warranty covers Cylinder Head, Engine Block & Sump only - all ancillaries are excluded
• Vehicle recovery is not included under any circumstances

15.12 Warranty Terms & Conditions

Warranty provided will only be valid should the following be adhered to once the Customer receives their vehicle:

• Customer must allow Vehicle to idle for a minimum of five (5) minutes before setting off
• Customer must ensure the correct fuel is used for their Vehicle
• Customer must not exceed sixty (60) mph for the first two thousand (2,000) miles
• Customer must ensure Vehicle's engine oil and coolant levels are checked on a daily basis - any signs of leakage must be reported immediately
• Customer must ensure the Vehicle has an interim service carried out at two thousand (2,000) miles to validate the remainder of the warranty (failure to do so will void the warranty)
• Customer must ensure the Vehicle is serviced every five thousand (5,000) miles or every six (6) months after the interim service has been carried out
• Customer must notify the Company within fourteen (14) days after discovery giving particulars and return the Vehicle for inspection
• If any ancillary develops a fault that causes damage to the Work/Goods completed by the Company, the warranty will be void
• Damage caused by misuse, improper fitting, neglect and accident will invalidate the warranty
• Vogue Technics does not cover any component which has been dismantled or tampered with (unless otherwise requested)
• Our warranty covers 'normal usage' and DOES NOT cover track/race usage, overloading due to excessive weight, driver misuse (i.e. over revving) and 'over usage'
• All engines should be fitted by specifically trained mechanics within a VAT registered garage
• All our engines are sold on an exchange basis - we require your old unit as part of the transaction and is a condition of the sale
• Surcharges/Deposits are refundable on the exchange of the old unit (on the condition the old unit is economically serviceable) up to a maximum of 14 days from invoice date
• All our engines are supplied with heat tags which assess engine temperature - any removal/tampering of the tags will VOID warranty
• Any engine failure due to OVERHEATING will VOID warranty
• Any Engine failure due to low oil levels will VOID warranty
• In the event of a warranty claim, client must bring vehicle to Vogue Technics for inspection and analysis
• The warranty does NOT include vehicle hire/lease charges, recovery charges etc
• Engines must be correctly fitted with new cam & auxiliary belts, oil, oil filters & spark plugs
• All engines are supplied 'bare' (unless otherwise stated) - fitters must be prepared that they may be required to swap over the sump, oil pick-up pipe, timing case cover etc
• In cases where engines are delivered to a client, customers have up to 14 days from the transaction date to cancel their order. A 20% handling fee on top of reimbursement of courier charges will be applied on any items cancelled once they have been dispatched

16. Force Majeure

The Company shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control or owing to any inability to procure parts or materials required for the performance of the Contract.

Should such contingency continue for more than one month, either party may cancel the Contract and, subject to payment for any Goods supplied and Work done, the Customer may collect the Vehicle and the parties' respective obligations shall be deemed discharged.

17. No Waiver

No waiver of any of the Company's rights under the Contract shall be effective unless in writing signed by an authorised person on behalf of the Company.

18. Notices

Any notice under these Conditions shall be properly given if in writing and sent by first class post or facsimile to the address of the intended recipient and shall be deemed served on the expiry of forty-eight (48) hours from time of posting.

19. Third Party Rights

A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

20. Construction and Jurisdiction

English Law shall govern construction and operation of the Contract and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.

21. Service and Repairs Terms and Conditions

• In the event of a warranty claim, client must bring vehicle to Vogue Technics for inspection and analysis
• The warranty does NOT include vehicle hire/lease charges, recovery charges etc
• Any warranty provided is non-transferable
• Damage caused by misuse, neglect and accident will invalidate the warranty
• VOGUE TECHNICS does not cover any component which has been dismantled or tampered with (unless otherwise requested)
• Our warranty covers 'normal usage' and DOES NOT cover track/race usage, overloading due to excessive weight, driver misuse (i.e. over revving) and 'over usage'
• Warranty is for ONLY 6000 miles or 6 months (whichever comes first) on the parts ONLY which VOGUE TECHNICS has provided
• Our hourly rate is £75+VAT in the workshops
• Clients must collect their vehicle within 3 days of completion of work otherwise daily storage charges of £35 per day will apply

22. Engine Rebuilds and Reconditioned Engines Terms and Conditions

• In the event of an Engine failure a replacement Engine will be supplied
• Replacement or refund will only be given on the production of the original invoice
• Replacement or refund will only be given if the goods are returned in the same condition as they were supplied
• The warranty does NOT COVER any labour costs/charges involved with fitting, removal and/or changing of parts, vehicle hire/lease charges etc
• Warranty is applicable to Bare Engine ONLY unless otherwise stated (i.e. does not include ancillaries, service parts etc)
• Engines must be correctly fitted with new cam & auxiliary belts, oil, oil filters & spark plugs. Any failure to adhere to these terms will invalidate this warranty
• All engines are supplied 'bare' (unless otherwise stated) - a bare engine is simply made up of the block and the head
• Fitters must be prepared that in certain cases they may be required to swap over the sump, oil pick-up pipe, timing case cover etc
• Any cancellations due to unwillingness to proceed will result in a minimum handling fee of 20% on top of the reimbursement of courier charges
• In cases where engines are delivered to a client, customers have up to 14 days from the transaction date to cancel their order
• A 20% handling fee on top of reimbursement of courier charges will be applied on any items cancelled once they have been dispatched

23. Selling the Vehicle

Torts (Interference with Goods) Act 1977 – UK law

If the customer refuses to collect or pay, the law gives garages a process to dispose of the car:

• Written notice must be given to the owner, stating the debt owed and that you intend to sell the vehicle if it's not collected/paid for by a specific date
• If no response after a reasonable period (often 14–28 days), you can sell the car
• The proceeds must be used to settle the debt, but any surplus belongs to the customer