The following Terms and Conditions apply to all Agreements between ‘Hilton & Moss’, a trading name of ‘Hilton & Moss Sportscars Limited’ whose registered office and correspondence address is at Unit 2 Raynham Road Industrial Estate, Bishops Stortford, CM23 5PJ and the ‘Customer’.
- ‘We’, ‘Us’, ‘Our’ or ‘The Company’ means Hilton & Moss and any representatives of Hilton & Moss.
- ‘Customer’ means any person, persons or entity entering into an Agreement with Hilton & Moss.
- ‘Agreement’ means any agreement entered into between the Customer and Hilton & Moss. The Agreement consists of, but is not limited to, a Restoration Authorisation Form, Estimate or Estimates, the Prices and these Terms & Conditions, as well as any additional agreement made in writing between the Customer and Hilton & Moss.
- ‘Estimate’ means an approximation of the cost involved to carry out an itemised scope of Work to a Vehicle. Estimates are provided to the best of Our ability, however should not be considered final.
- ‘Work’ means any work that is to be, or has been carried out to a Vehicle.
- ‘Services’ means any service provided by Hilton & Moss. Including, but not limited to vehicle transportation, servicing, restoration, storage or sales.
- ‘Goods’ means any parts, products or items required in the provision of Services or Work.
- ‘Vehicle’ means any car, motorcycle or other means of transport belonging to, or used by the Customer.
- ‘Prices’ means the price for any Services or Goods provided by Hilton & Moss, as set out in writing to the Customer, or by any other means.
- ‘Facility’ means any location in use by Hilton & Moss for the provision of Work on Vehicles, or otherwise in line with the Services being provided.
- Any Estimate provided to the Customer is to be considered an approximation of the costs involved for the work desired. All estimates are valid for 28 days from the date of sending by The Company to the Customer.
- Prices of Goods and Work are based on current Prices at the time of preparation of the Estimate and The Company reserves the right to increase such Prices if the price to The Company is increased between preparing the estimate and obtaining the Goods or completing the Work.
- Unless otherwise agreed in writing, if it appears during progress of any Work that the Estimate will be exceeded by a significant amount, The Company will not continue the Work without further consent from the Customer. Such permission may be given in writing (email or otherwise) and signed by the Customer, or verbally, so long as the permission is thereon recorded in writing on the face of this Agreement or on the Restoration Authorisation Form which shall form part of this Agreement.
- The Customer acknowledges and understands that motor vehicles, and their components, are complex pieces of machinery and that to repair any defects it is appropriate to try the least complex solution first and that further chargeable Work may be necessary if the initial solution does not cure the fault in the first instance.
- The Company reserves the right to request a deposit against anticipated charges before agreeing to proceed with any Work.
- All prices are exclusive of any applicable Value Added Tax (VAT) which is shown separately and at the prevailing rate.
Vehicles shall be in a condition that presents no likelihood of risk, damage or injury to any staff or representative of
The Company, any other vehicles within the Facility, or the Facility itself. Any explosive or dangerous materials must be
removed from the vehicle prior to arrival. In the event such materials are found within the Vehicle and require removal
and/or disposal, this will be charged to the Customer in line with the costs incurred to do so. The Customer accepts
these costs and understands that Work shall not continue on the Vehicle until all such materials have been removed
from the Vehicle.
- When circumstances dictate, secure or isolated storage of the Vehicle may be required once explosive or dangerous material have been identified. Charges to facilitate such storage shall be charged in line with the costs outlined in Clause 8 of these Terms & Conditions.
- You may not place a stolen, or illegally possessed vehicle with us. Any such attempt to do so will be reported to the Police and any other relevant authorities as deemed necessary.
- If the Vehicle has any specific requirements whatsoever, mechanical, electrical or otherwise, We must be informed in writing of these prior to, or on arrival of the Vehicle. Any loss or damages incurred through failure to disclose any specific details or instruction in relation to a Vehicle, will not be the responsibility of Hilton and Moss.
- We reserve the right to refuse entry of any Vehicle into the Facility, without reason.
- Vehicles shall be in a condition that presents no likelihood of risk, damage or injury to any staff or representative of The Company, any other vehicles within the Facility, or the Facility itself. Any explosive or dangerous materials must be removed from the vehicle prior to arrival. In the event such materials are found within the Vehicle and require removal and/or disposal, this will be charged to the Customer in line with the costs incurred to do so. The Customer accepts these costs and understands that Work shall not continue on the Vehicle until all such materials have been removed from the Vehicle.
Payment, Invoices and Lien
- If we require a deposit or similar prepayment, we shall state it clearly in the Estimate or Restoration Authorisation Form and you must pay this within 7 days of confirmation of the Agreement.
- From the point at which Work on the Vehicle commences up until the point at which you have paid in full all sums due, we shall have a general lien on the Vehicle (i.e. a right to possession of property until payment is made for work done to that property) for all sums due.
- Following our completion of the Work, we shall issue an invoice to you or we may issue interim invoices for extensive Work, such as a vehicle restoration.
- The invoice/s will provide a comprehensive summary of all Work done and will provide full details of all Goods and labour including the Price payable for it with the VAT element applicable shown separately.
- All sums due will be payable within 7 days of the invoice date or, by cleared funds, prior to the release of the Vehicle or Goods, which ever falls first.
- You may make payments by various methods which will be advised to you. BACS payment is Our preferred method.
In addition to our rights under Clause 4.2, we shall have the right to sell the Vehicle at the Customers expense if any
sum due remains unpaid following Our written notice to the Customer of 45 days. That notice period will begin no
earlier than 45 days after the date of the relevant invoice. Should the Customer become aware of any reason that will
prevent payment of an issued invoice, we require the Customer to inform Us of any such situation, so that alternative
payment terms can be discussed. Failure to inform Us of any such information, may result in action being taken as
described to recover any outstanding balance on account.
- The Customer accepts that in the event of non-payment, and where notice has been given to the Customer in line with Clause 4.7, The Company may seek to sell the Vehicle at the going market rate, or at auction, in order to recover any amounts due or to meet the costs associated with a claim against the Customer, and the Customer accepts the result of the sale. In the event the Vehicle is sold, the proceeds of the sale shall first be used to pay any amounts due under the Agreement, then to meet any costs of a claim and finally to meet any costs of administering the Customer’s account. After all amounts due have been recovered, any balance remaining shall be paid to the Customer. If the proceeds of the sale are insufficient to satisfy the full amount due to The Company, the remaining debt shall remain with the Customer and The Company shall continue to seek settlement by any means permitted by law.
- From the due date of payment until we take the action set out in Sub-Clause 4.7 and 4.7.1, any outstanding sum will incur interest on a daily basis at 2% above the base rate of the Bank of England from time to time until you make payment in full.
- Where you are a Company, should you fail to make payment to us of any amount due, we reserve the right to charge you interest and administration costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
- Upon arrival of the Vehicle at Our Facility, the Customer will be asked to sign a Restoration Authorisation Form, if not already done so beforehand. A signed form will be required for the Vehicle before any Work commences. By signing the form, you are confirming that you have ownership or legal charge over the Vehicle. If requested, you confirm that you will be able to provide suitable documentation to evidence ownership or legal charge, such as a V5C, Power of Attorney or other relevant documentation.
- We will usually carry out an Inbound Condition Report and photograph the condition of the Vehicle, although We are under no obligation to do so.
- Vehicles should be delivered to the Facility with a sufficient amount of fuel to satisfy any movements required, whilst within the Facility. If required, We may purchase fuel for a Vehicle, with the costs being applied to the next invoice period for the Customer’s account.
- We strongly advise that all personal items, valuable items and any other items are removed from the car prior to, or upon arrival at the Facility, unless vital in the provision of using or storing the Vehicle, such as a charging cable or locking wheel nut key.
- We may, at our discretion, sub-contract any of our obligations under these Terms and Conditions, provided that any sub-contractor we use is reasonably skilled in the relevant practices and provided that we do not pass on to you any substantial additional charges, outside the scope of works agreed, without your prior consent.
Authority to Drive Vehicles
- The Company reserves the right to undertake reasonable mileage to road test any Vehicle in its possession which it deems necessary for, but not limited to, the purpose of diagnosis, restoration, repair and testing.
- The Company, and its employees, are insured to drive Vehicles on private and public roads in relation to the provision of Work being carried out on the Vehicle.
- In the event extensive mileage is required by means of road testing, the Customer shall be informed beforehand and permission requested to cover such mileage. In the event such request is declined, We cannot be held responsible for any failure or otherwise, occurring to the Vehicle.
- The Company will use its best efforts to carry out the Work or supply Goods within any time period notified to the Customer. However, time shall not be of the essence and it is understood that unforeseen circumstances may cause delays in the provision of Work.
We aim to carry out the Services by the dates and times we either agree with you or notify to you. We cannot
guarantee or provide a firm commitment that we will start performing the Services by a specified date or time or that we will complete the performance of all the Services by any specified date or time or that the performance of any
individual part of the Services will be completed by a specified date or time.
- In addition, there are certain situations or events which occur which are not within our reasonable control. Where such situation occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
- The Company shall make all reasonable efforts to keep the Customer informed of such delays, and seek to provide regular updates as to when Work or Services may recommence. Any date or time provided will be as an indication only, and is not to be considered definite.
- Where there is delay to our undertaking the Work, which is caused by your delay in providing us with information, parts or anything else requested by us, or where Manufacturers or Insurers delay in providing us with requested documentation/information, we will provide you with 14 days notice that storage charges will begin to accrue.
- Storage will be charged at a daily rate of £5.00 plus VAT and is invoiced and payable on receipt.
Personal Data and Confidentiality
- We will only utilise your personal data for internal purposes in order to fulfill Our obligations under our contracted terms. The ‘Data Protection Act 1998’ and the General Data Protection Regulations 2018 (GDPR) define our responsibilities with regards to the security of your personal data which we respect with the greatest of importance.
- Your data will not be shared with third parties, unless required to provide the Services confirmed as part of the Agreement. Only if required by law, will your information be disclosed to the Police or other UK governing authorities.
- The Customer must provide Us with any and all updates to information held on file to ensure that such is current and accurate. For example, a change of address or contact details.
- All financial information relating to the Customer will be erased from our files following the settlement of any outstanding and final balances due.
- Except as provided by law, no Work which has been accepted by The Company may be cancelled by the Customer except with the express permission from a manager, in writing from The Company and on terms that the Customer’s deposit shall be forfeit and further, that the Customer shall indemnify The Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by The Company as a result of cancellation.
- Where any Cancellation is granted, the Customer shall have 5 working days to make arrangements for the removal of the Vehicle, and any associated Goods and parts from the Facility. If the Vehicle remains within the Facility following this period, and no attempt to make such arrangements have been made, storage charges will start to incur in line with Clause 8 of these Terms & Conditions.
- The Company shall use all reasonable endeavors to promptly resolve any problems or complaints that a Customer may have. Any issues must be raised to a representative of The Company, in writing, by the Customer within 7 days of the issue being brought to their attention. Any claims not brought to the attention of The Company within this time frame, shall be considered waived.
- If a dispute has not been resolved after 21 days since the first written contact, the dispute shall be referred to Senior Management within the Company for further resolution. Any decisions made by Senior Management shall be considered final.
- Any failure by the Company to perform any of its obligations under this Agreement by reason of the performance of any clause being beyond the control of the Company shall be deemed not to be a breach of this Agreement