Terms & Conditions

The Company

‘The Company’ means Cowan Recovery Limited T/A CMG and all customers herby agree to be bound by these terms on their own behalf and (where applicable) on behalf of their principles.

Arbitration

Should a customer dispute any charge made by the Company in respect of work carried out or part(s) supplied then that dispute shall be determined by an arbitrator appointed by the institute of Arbitrators.

Collection

The Company will only release the vehicle to the customer after payment has been made, unless in writing by the customer to release the vehicle to the customer’s agent who will arrange payment.

Completion Date/Time

While the Company will use its best endeavours to comply with any attendance / completion date/time suggested or stipulated the Company will not be bound to complete / attend. Any mention of any date / time shall be construed as no more than a guide or estimate and without prejudice to the generality of the foregoing no responsibility can be accepted for any delays caused by other means or the late supply of parts beyond the Company’s control.

Driving or moving of Vehicles by the Company’s Servants

Vehicles are driven or moved by the Company’s servants or agents and the customer duly authorised them to do so.

Delays

CMG will do its utmost to attend / repair / deliver / collect the vehicle by the date and time requested, but cannot accept any responsibility for delays resulting from the non or late availability of spares, or other reasons beyond its control.

Estimates

A verbal estimate does not constitute an offer to do the work at that price quoted and is not to be taken as legally binding in any way, but only as an approximate guide to the cost of work undertaken. A written estimate given for the attendance / repair / collection / delivery shall be provisional and will be subject to variation in the price of parts material between the date of estimate and the date of service. It will also depend on further service or parts which are found to be necessary. A charge may be made for an estimate.

Guarantee

The Company will guarantee all repair work against failure of materials or workmanship for a period of three months or 3,000 miles, whichever first occurs, provided that the vehicle is taken back to the Company, or a third-party repairer authorised by the Company. This EXCLUDES all roadside and temporary repairs.

Liability

a) The Company will take responsible care of the vehicle, while in its custody. This duty does not extend to items of personal property or business goods left in the vehicle. Customers should therefore ensure that all valuable items of personal property or business goods are removed from the vehicle prior to storage or commencement of repairs.

b) Where by agreement with, or on the instructions of the customer, the vehicle is left outside the Company’s or other premises, before or after normal business hours any risk or damage howsoever occasioned, will be the customers responsibility.

Lien

The Company shall have a general lien over all property of the customer lawfully in its possession for the indebtedness of the customer to the Company. The Company shall also have a right of sale by public auction without reserve over all such property if such indebtedness is not paid within 3 months of being notified by letter sent Recorded Delivery to the customer’s last known address. Following such a sale the Company will after deducting all sums due pay the balance (if any) of the proceeds to the customer.

Other Fees

Fees may be chargeable for waiting time, redelivery and jobs that are aborted outside of agreed rates.

Damage

CMG will only cover damages that have been noted on the delivery POD clearly and is backed up by photos on the MoDel System. We will not take liability for any damages noticed once or delivery agent has left the scene. If the weather is too bad to inspect the vehicle correctly, we will give 24hr grace to check the vehicle.

Payment

a) Cash Customers. Unless other arrangements have been agreed, all repairs & charges must be paid in full before collection. Payment can be made in cash or by Debit / Credit Card. Handling charges for Credit Cards will be applied at the rate applicable (as stated in on the Company notice boards) at the time of the enquiry of the said notice.

b) Account Customers. Unless other arrangements have been made, all payments are due on the 20th day of the following month. Payment can be made by cheque or BACS.

In respects of all goods supplied by the Company on credit or upon payment by cheque, the legal title to such goods shall remain the Company’s until payment has been received in full; CMG may not release the vehicle until the cheque has been cleared.

Restrictions

The Company reserves the right to refuse to carry out any work on any vehicle which, in its opinion, it considers to be unroadworthy or work which would make the vehicle unsafe. It may refuse to carry out work which might have a detrimental effect on other parts of the vehicle. The Company reserves the right not to carry out any action which is unlawful or may lead to prosecution of the Company or Company employee.

Replacement parts

All parts replaced, other than those exchanged replacement parts, or those subject to a warranty claim, become the property of the Company unless the customer requests their return prior to commencement of repairs.

Storage Parking

If the vehicle is not collected or arrangements are not made for collection notification in writing, daily storage charges at the rate applicable (as stated in on the Company notice boards) at the time of the enquiry of the said notice, may be imposed as if the vehicle had been left for storage.

Third Party Contract Obligations

Where third party contractual obligations occur i.e., Police Contract Scheme, then the terms and conditions which apply within will be operated.

Sub-Contract

The company is entitled at all times and without giving notice to the customer to sub contract all or any part of the servicing, repair, roadside assistance, recovery, collection, delivery and any other maintenance work the subject of this contract to a specialist or other repairer.

Uncollected Goods

The Company may exercise its rights as regards uncollected goods under the Torts (Interference with Goods) Act 1997 and if the goods are not collected when the work is completed or before any notice to that effect expires, the Company may proceed to sell the goods subject to any notice under the Act. In this event the vehicle will be sold at best market price and after deduction of the cost of work carried out, plus any other charges and expenses in connection with the sale, the balance will be returned.

VAT

Any VAT on the estimate is at the rate in force at the time the estimate was prepared. The VAT charged at point of sale will be at the rate applicable at that time. Vat will be charged at the rate in force on all invoices that are VAT applicable.