CONSUMER TERMS AND CONDITIONS

These terms and conditions apply to any Services or Products that we, ATS Euromaster Limited (“us”,” we” or “our”), supply to you and they set out what our responsibilities are to you. Please read them carefully.

If you are a retail customer these are the only terms and conditions that apply to our supply of Services or Products to you. If you want them changed, or for other conditions to apply, you must agree them in writing with us first.

If you are dealing with us in the course of your own or your employer’s business then these terms and conditions do not apply to you and you must refer to our trade terms and conditions. Our trade terms and conditions also apply to any Products or Services provided in relation to a vehicle, which is used for commercial or business purposes (for example, taxis and driving school cars) or which is owned by a business or company.

1. MEANINGS

When reading these terms and conditions, the word: “Products” means all products and parts (such as tyres, brake discs etc.) sold by us to you. This includes any parts or products which are supplied as part of any Services that we carry out. “Services” means servicing or repairs that we carry out and includes inspections, the supply and fitting of Products.

2. EXCLUSIONS

PLEASE NOTE THESE EXCLUSIONS. THEY ARE IMPORTANT. YOU SHOULD READ ALL THESE TERMS AND CONDITIONS AS OTHER EXCLUSIONS DO APPLY.

We will be legally responsible to you if our negligence causes death or personal injury.

Subject to the limitations and exclusions set out in these terms and conditions, we accept liability for any direct loss or damage you may suffer as a result of our negligence or beach of these terms and conditions provided such loss or damage was reasonably foreseeable at the date on which you placed your order.

We will not be liable for any loss or damage suffered which is nor a direct result of our negligence or beach of these terms and conditions or which was not reasonably foreseeable at the date on which you placed your order.

We will not under any circumstances be liable for any loss of income, business profits lost business or missed opportunities, loss of use or inconvenience, or other financial loss whether direct or indirect.

We will not be responsible if we cannot carry out our duties because of circumstances beyond our reasonable control.

We will not be responsible for any damage caused in carrying out any Services if this is caused by:

the vehicle’s condition
it having been incorrectly maintained or modified
any previous servicing or repairs which have not been properly carried out
any parts that have been wrongly fitted by someone other than us• some other reason not in our control

3. YOUR DUTY TO MITIGATE ANY LOSS OR DAMAGE

If you suffer damage or loss as a result of our negligence or breach of these terms and conditions you must allow us a reasonable opportunity to remedy that damage or loss. You must also take reasonable steps to minimise any damage or loss suffered as a result of our negligence or breach of these terms and conditions.

We will not be liable for any damage or loss if you fail to allow us a reasonable opportunity to remedy that damage or loss. We will not be liable for any damage or loss to the extent that you fail to take reasonable steps to minimise that damage or loss.

4. ESTIMATES

We will always try to give accurate estimates for the prices of Products or Services. We will not start work on the vehicle until you agree the estimate.

The prices that we give for Products will be current at the time that we give our estimate. However, we may adjust any price if the cost to us of the Product increases between the time that we give our estimate and the time we obtain the Products. We will always tell you if the price has increased and you shall not be obliged to buy any Product which has a higher price than estimated.

If during the provision of any Services we discover that the work we have to do will exceed the estimate, we will ask for your agreement to continue the Services on the basis of a revised estimate. You do not have to agree any revised estimate and, if you choose to cancel the work, we will return your vehicle as nearly as possible in the same condition as it was prior to the provision of the Services.

We will not be responsible for any loss or damage that is caused as a consequence of your cancelling work or instructing us not to carry out work that we have recommended.

5. RECOMMENDATIONS

As part of any Service we will carry out the inspections described in our Vehicle Health Check. We will then make a recommendation to you based on the inspection we have undertaken. We will not start any work identified as a result of the vehicle health check until you have approved the work and any estimate.

We will not be responsible for any loss or damage caused by anything which we did not find on our inspection unless it should have been found by the actual inspection we conducted. We shall not be responsible for conducting any other inspections other than those detailed in the vehicle health check.

6. DEPOSITS

A deposit may be required for certain orders, if this is the case you will be advised accordingly. Deposits paid on specially ordered items are non-refundable.

7. CANCELLING WORK

If we stop provision of any Services at your request we may charge a reasonable amount for any work actually carried out. We will also charge you for the price of any Products supplied or fitted.

8. TIME

We will try to carry out any Services or deliver and fit Products within the time we have agreed or, if no time is agreed, within a reasonable period. However, if we are late or cannot carry out the Service or the delivery or fitting of Products, we will have no liability or responsibility to you for any loss or any inconvenience you may suffer as a result.

If the carrying out of any Service or the delivery or fitting of Products has been arranged to be carried out by one of our mobile fitters and our mobile fitter does not attend at the location and between the times we have agreed with you, we shall pay you compensation limited to £10. We shall have no other liability or responsibility to you for any loss or inconvenience that you may suffer as a result of our mobile fitter not attending or not attending within the agreed times.

9. PAYING US

You must pay us for any Service carried out and Products supplied before you remove your vehicle from our premises. If any Service is carried out or Products supplied away from our premises then you must pay us before we release your vehicle to you. Our charges are subject to VAT at the current rate. If payment is not made on time, we may charge simple interest at 5% a year above our bank’s current base rate from time to time calculated on a daily basis.

10. COLLECTING PROPERTY

If a vehicle is not collected by the time that we close on the day we advise you that the Services have been completed we may store it or, if we choose, have it stored by somebody else. Any cost of storage will be added to our charge for the Services. If the vehicle is stored by us our storage charges will be those current at the time of storage.

However, we will not be required to store any vehicle left with us in secure premises and, if we think that a vehicle is not going to be collected then we may, if we choose, park the vehicle on the public highway. We shall have no liability or responsibility to you for any losses that you suffer as a consequence of any vehicle being left or parked on our premises or stored by us as long as we have ensured that the vehicle is locked and, if left on the public highway, safely parked.

If you leave any other item with us but fail to collect it after three months, we may dispose of that item as we see fit and we shall not be accountable to you for its value. We shall not be responsible for loss of or damage to any items or other goods left on our premises.

11. OWNERSHIP OF PRODUCTS

Any Products we sell to you will not belong to you until you have paid for them and any related Services in full. If payment is not made on time we may remove from the vehicle any Products we have fitted.

12. REPLACED ITEMS

All items replaced by us during the provision of any Services become our property. We may deal with such items as we see fit.

13. HEALTH AND SAFETY

Our premises contain equipment and substances, which are potentially dangerous. As a consequence, you must comply with any instructions instructions given by our staff and any cautionary notices which are displayed at our premises.

You must comply with any instructions relating to the use, care and maintenance of any Products that we supply.

14. GUARANTEE

Products and Services are covered by the ATS Euromaster Guarantee, the conditions of which can be found under the heading of “Guarantee Conditions”. The ATS Euromaster Guarantee is also subject to these terms and conditions.

15. YOUR STATUTORY RIGHTS

These terms and conditions and the terms of our guarantee do not affect your statutory rights as a consumer.

If you are a consumer, any Products we supply must (i) match the description we give them (ii) be of satisfactory quality and (iii) be fit for their purposes. Any Service we provide must be carried out to a reasonable standard.

You should contact your local Trading Standards Department or Citizens’ Advice Bureau if you need any more information about your statutory rights.

16. DATA PROTECTION

Any personal information that you provide to us is used only to:

enable us to meet our obligations to you
let you know of products or special offers that may be of interest to you
to administer and improve our services

We may use third parties or credit reference agencies to help us meet our obligations to you, make decisions or to prevent fraud. We may give information about you, your account and your financial affairs to these third parties and agencies who may share this information with their customers.

For further information as to how we use personal data please see the ATS Euromaster Privacy Notice which can be found at https://www.atseuromaster.co.uk/consumer/privacy-policy.

If you phone us, we may monitor or record your call for training and security purposes.

17. LAW

These terms and conditions are governed by English law which will apply any dispute or claim in relation to the Services or Products, and the English courts shall have non-exclusive jurisdiction. However, if you live in Scotland you may issue proceedings in Scotland.

CONTACTING US

Your first point of contact with any enquiries or complaints should be your local ATS Euromaster Service Centre Manager.

Alternatively, you can call us on 0870 608 8668

If you need to write to us then you should write to:

ATS Euromaster Limited
Customer Relations Team
First Floor
Aqueous II
Aston Cross Business Village
Birmingham
B6 5RQ

Email: customer.relationship@ats.euromaster.com