Standard Terms and/or Conditions Of Business
These Standard Terms apply to the supply of all products and or services by Automotive Consulting Engineers Ltd, ACE (Assessors) Ltd, ACE Solutions and or any subsidiaries, unless we otherwise agree in writing. The above will be referred to as ACE or ACE Group from here on. All contracted clients will be supplied with an SLA for agreement to comply with FSA requirements.
We accept orders and instructions only on the basis that those instructing do so as principals and are liable without exception to us for payment of our reasonable account, within our terms detailed below or amended in our SLA (Service Level Agreement).
3. Use of Third Party Contractors
We may, as your agent, directly or through an intermediary ask another contractor and or consultants / experts (Third Party Contractor) to carry out some or all of any work, which you instruct us to complete on your behalf. We will pay the charges of Third Party Contractors on your behalf and recharge them to you within our own fees. The fee quoted in our SLA (Service Level Agreement) will take these costs into account unless we quote differently either verbally or in writing prior to completion of the work instructed. We will take all reasonable care in selecting and instructing a Third Party Contractor and will be responsible for the completion of the work with regard to the instructions. However, we reserve the right to take action against any 3rd party for omissions or errors in their work.
4. Adequacy of Instructions
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly. All instructions must be in writing either by post, fax, email or other to comply with our professional damage insurers requirements.
5. Printing / Publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
6. Third Party Reliance
Our services, may include search reports and information services, are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
7. Delivery of Products and Services
Products / services are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care.
The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice despatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.
We may require payment in advance before providing any goods or services unless the client has requested and been granted an account. Where we have agreed credit terms for you, our invoices are due for payment 30 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
9. Search and Other Reports
We accept no responsibility for the accuracy of any part of any search or other reports where it is apparent that it is not derived from information in a public register, or for any inaccuracy, omission or other error in any public register upon which our search or report is based.
10. Non Completion of Services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion. Unless otherwise stated in our Service Level Agreement.
11. Right to Cancel
Under the terms of the Consumer Protection (Distance Selling) Regulations 2000 you may have the right to cancel the contract between us within 7 working days of the day after the date on which you receive any product from us or the date on which the contract for the provision of services is concluded. This right to cancel does not apply to products, which have been personalised or made or supplied to your specifications or to services once performance of those services has started with your approval or in compliance with our SLA (Service Level Agreement). Where we provide a product to you, if you cancel you must return the product to us, at your own cost, in its original condition.
Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services under these Terms and Conditions shall not exceed £500,000.00.
Save as precluded by law, we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with our services or these Terms and Conditions.
13. Data Protection
ACE will not use personal information, which we hold about you to provide our services and products to you, apart for credit control and market research purposes and to inform you about our services and products, legal developments and training sessions or events, which we believe, may be of interest to you.
ACE understands that you will be providing data in relation to your customers and that this will include personal data.
ACE shall comply with the requirements of the Data Protection Laws (until the Data Protection Act 1998 is no longer directly applicable in the UK, the Data Protection Act 1998 and then with affect from 25 May 2018 the General Data Protection Regulations (EU 2016/679)
In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area in countries, which do not have data protection laws equivalent to those in the UK. Where this is the case, we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available and which is incorporated into our search products) to any third party without your prior consent.
You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998), which we might hold about you.
14. Due Diligence
In certain circumstances, we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence, which we request, we will be unable to provide services to you.
15. Customer Services
If you are unhappy with any aspect of our service, please contact
AUTOMOTIVE CONSULTING ENGINEERS LTD, Allenby House, Knowles Lane, Bradford, BD4 9AB., Tel: 08450 743644 Fax: 08450 743645 E-mail: email@example.com
All complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
16. Changes to Standard Terms
We reserve the right to make changes to these Standard Terms from time to time.
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
ACE is fully committed to the requirement and spirit of CPR35, as we understand them and endeavour to comply with the requirements.
E-mail for Accounts Dept: firstname.lastname@example.org
E-mail for New Instructions: email@example.com
Email for Customer Services: firstname.lastname@example.org
19. Inspection Criteria
The inspection completed will be a visual of parts already removed or of the vehicle as presented for examination. We are not allowed under our professional damage insurance to complete any dismantling and must deal with issues within a strict framework, which does not prejudice either party involved. We will always try to mitigate the cost by inspecting at the least costly situation but this may lead to a further inspection, often at a reduced cost.
20. Report Time Scales
We will always endeavour to complete inspections promptly but there is a due process and sometimes this will be affected by workload, sickness and holiday provisions. The process from the visit date to completion can be up to 5 - 7 working days but often sooner. The report will go through several checking steps including senior management review and signing off by the field engineer. This is to provide the best possible chance for the client to achieve their goal.