Terms and Conditions
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This page (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website at www.classicstatusreport.com (our site) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
WHEN YOU RETURN TO THE ORDER FORM YOU MUST CHECK THE "I ACCEPT" BOX IF YOU ACCEPT THESE TERMS AND CONDITIONS. PLEASE UNDERSTAND THAT IF YOU REFUSE TO ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ORDER ANY SERVICES FROM OUR SITE.
1. INFORMATION ABOUT US
1.1 www.classicstatusreport.com is a site operated by CSR (UK) Limited (we or us). We are registered in England and Wales with company number 07095002 and with our registered office at c/o Wentworths & Associates, White Hart House, Silwood Road, Ascot, Berkshire SL5 0PY. Our VAT number is 981 8576 64.
2. INTERPRETATION
2.1 The definitions in this clause apply to these Terms:
Associate: the person, firm or company selected by you who supplies the inspection services and Classic Status Report to us.
Classic Car: the vehicle owned by a Vehicle Owner in respect of which the Services are carried out and which is the subject of the Classic Status Report.
Classic Status Report: the status report selected by you from the range of options made available by us (including the CSR Max), which will be prepared by the Associate in respect of the Classic Car and which will comprise only the matters referred to in our pamphlet "The CSR in Detail", a copy of which is available on our site for you to read prior to placing your Order.
Force Majeure Event: shall have the meaning given in clause 13.2.
Order: your order for the Services which is placed via our site.
Order Confirmation: shall have the meaning set out in clause 5.1.
Services: the inspection of the Classic Car by the Associate selected by you, and the provision to you of a Classic Status Report in respect of that Classic Car.
Terms: the terms and conditions set out on this page.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
Vehicle Owner: the owner of a Classic Car.
Writing or written: includes faxes but not e-mail.
You or your: the Vehicle Owner or the person who orders a Classic Status Report for a vehicle and makes it available for inspection with the consent of the Vehicle Owner.
2.2 Headings do not affect the interpretation of these Terms.
3. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the UK.
4. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You are resident in the United Kingdom; and
(d) You are accessing our site from the UK.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Service, which we are free to accept or decline at our absolute discretion. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail stating that your Order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
5.2 We consider these Terms and the Order to set out the whole agreement between you and us for the supply of the Services. These Terms only apply to our contracts with consumers.
5.3 Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
5.4 Please ensure that you read and understand these Terms before you place your Order, because you will be bound by the Terms once a Contract comes into existence between us, in accordance with clause 5.1.
5.5 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the Contract between you and us or any other contract between you and us for the supply of the Services.
5.6 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
5.7 We may at any time amend or cancel an Order if the Associate is not willing to undertake some or all of the inspection pursuant to clause 8.3(d) or because of health and safety concerns or because of the risk of causing damage to the Classic Car or to other property. If we amend or cancel an Order, we shall (in the case of an amendment) refund such proportion of the price you have paid as we consider reasonable in the circumstances and (in the case of cancellation) we shall refund the price you have paid in full.
5.8 In the event that we amend an Order pursuant to clause 5.7, you may cancel that Order by providing us with written notice. If you cancel your Order under this clause 5.8, we shall refund the price you have paid in full.
5.9 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, and changes in relevant laws and regulatory requirements. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, provided that you have not already arranged an appointment with an Associate for their inspection of the Classic Car to take place. If you have arranged an appointment within this seven working day period, you are confirming that you wish us to start providing the Services to you straight away and your right to cancel will end immediately. If you cancel within seven working days and you have not already arranged an appointment with an Associate for their inspection of the Classic Car to take place, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract, you must inform us in writing. You can do this either by writing to us at CSR (UK) Limited, Arena Business Centre, 9 Nimrod Way, Ferndown, Dorset BH21 7SH or by contacting us .
6.3 You will not have any right to cancel a Contract for the supply of any Service after seven working days or once you have arranged an appointment with an Associate for their inspection of the Classic Car to take place, as we will then have started to provide the Service to you.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
7. QUALITY OF SERVICES
7.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
(a) conform in all material respects with their description;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose we say the Services are fit for; and
(d) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
7.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.
7.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
7.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
7.6 We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.
8. PROVISION OF SERVICES
8.1 Once you have placed the Order, it is your responsibility to contact the Associate you have selected and to arrange with them a suitable time, date and (if applicable), location, for their inspection of the Classic Car to take place. Any dates you arrange with the Associate for the carrying out of the inspection and production of the Classic Status Report will be estimated dates only and not a guarantee of such dates. The Services will be carried out within a reasonable time of the date of the Order.
8.2 We reserve the right not to provide the Services in respect of Classic Cars that have a value exceeding £50,000. If the Classic Car has a value greater than £50,000 you must tell us before placing the Order so that we can determine whether or not we are able to provide the Services in respect of that Classic Car. If, in our sole discretion, we agree to provide the Services in such circumstances, there may be an additional charge payable by you directly to the Associate if an additional insurance premium is required by the Associate's insurer in relation to that Classic Car. If you order the Services without telling us that the Classic Car has a greater value, by placing the Order you are warranting to us that the value of the Classic Car does not exceed £50,000.
8.3 In order to enable us to carry out the Services it is your responsibility to:
(a) ensure that the Associate is provided with full access to the Classic Car and with the keys to the Classic Car;
(b) transport the Classic Car at your own cost to the Associate's normal place of work or as otherwise directed by the Associate;
(c) if you are not the owner of the Classic Car, you must provide us with the Vehicle Owner's written consent to the Services being performed in relation to the Classic Car prior to any inspection taking place;
(d) inform the Associate if the Classic Car or any part of it is known to be unsafe or liable to break, prior to any inspection taking place (in which case we reserve the right in our sole discretion to refuse to inspect the Classic Car or to limit the scope of inspection as the Associate deems appropriate in the circumstances and we will inform you of this fact).
8.4 You acknowledge and agree that if you fail to comply with any of the requirements of this clause, we will be unable to carry out the Services.
8.5 The Classic Status Report is a descriptive record of the car at the time of inspection by the Associate and does not constitute a valuation of the Classic Car, nor is it a warranty or guarantee of any kind in relation to the Classic Car's value, durability, status or condition, whether at the time of inspection or in the future. Please ask us for clarification if you are in any doubt as to what is covered by the Classic Status Report.
8.6 Inspection by the Associate does not replace any manufacturer or other servicing or maintenance requirements in respect of the Classic Car, nor does it replace any checks or licences that are required by law (including without limitation MOT testing).
8.7 It is your responsibility to select an Associate appropriate to carry out an inspection and prepare a Classic Status Report in respect of the Classic Car. We do not accept any responsibility in relation to the appropriateness of your selection.
8.8 In the event that you agree with the Associate to purchase further products and/or services from them, any such products and/or services are in addition to and outside the scope of the Services. We do not accept any responsibility for those further services and you must make your own contractual arrangements with the Associate in relation to them.
8.9 Any opinion given by the Associate other than as part of the Classic Status Report is the personal opinion of the Associate. We do not accept any responsibility for such personal opinions.
8.10 We will make every effort to ensure that the Services are completed on time but there may be delays due to circumstances beyond our control. In this case we will ensure that the Services are completed as soon as reasonably possible.
8.11 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
8.12 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will either provide you with a full or partial refund, depending on what is reasonable in the circumstances, or re-perform the Services.
8.13 These Terms will apply to any replacement Services we supply to you.
8.14 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
9. CHARGES AND PAYMENT
9.1 The price of the Services will be as quoted on our site from time to time, except in cases of obvious error. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. The price does not include:
(a) any travelling or transportation expenses incurred by you in making the Classic Car available for inspection by the Associate, and any such expenses are your sole responsibility;
(b) any additional products or services that you agree to purchase from the Associate, including (but not limited to) transportation of your Classic Car to and/or from the Associate's premises, where such service is provided by the Associate;
(c) any additional insurance premium payable by you to the Associate pursuant to clause 8.2.
9.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
9.3 Our site refers to a number of Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when providing the Service to you. If a Service's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before carrying out the Services, or reject your Order and notify you of such rejection.
9.4 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.5 We will require you to pay for the Services at the time that you place your Order, unless we have previously granted account facilities to you. If we have granted account facilities to you, we may invoice you for the Services at any time after we have provided the Services to you and you must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
9.6 If you do not make any payment due to us by the due date for payment as set out in clause 9.5, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Alliance and Leicester Commercial Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
9.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.
9.8 If you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it, then clauses 9.6 and 9.7 shall not apply for the period of the dispute.
10. OUR REFUNDS POLICY
10.1 When you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Service in full. If your payment was made by cheque, postal order or bank draft, we will not process the refund until your payment has reached our account in cleared funds. If your payment was made by cheque, we will wait until after the sixth working day has passed since your cheque was paid in before processing the refund, as a cheque can be returned, or a payment recalled by the originating bank, at any point until the end of the sixth working day after a cheque is paid in.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase, unless your payment was by postal order or bank draft, in which case we will refund your money by cheque.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The copyright and all other intellectual property rights in any Classic Status Report we prepare for you, or other materials and documents or items that we prepare or produce in connection with the Services, and in the site, will belong to us absolutely.
11.2 You may take one copy of the Classic Status Report for your own personal use, and this copy may be retained with the papers pertaining to the Classic Car in the event of a sale. A replacement copy can be provided on request for an additional fee in the event that your original copy is lost or destroyed.
11.3 Other than as set out in clause 6.2, the content of the Classic Status Report is personal to you and cannot be used, relied upon or transferred to any third party without our prior written consent. We accept no liability to any third party in connection with the Classic Status Report (including without limitation any future purchaser of the Classic Car), and you agree that you will inform third parties accordingly.
11.4 We reserve the right to reproduce the Classic Status Report and any related documents and supply these to third parties at our sole discretion and without further reference to you.
11.5 You may not use the Classic Status Report or other materials, documents or items detailed in clause 6.1 for any commercial purpose.
12. LIMITATION OF LIABILITY
12.1 Subject to clause 12.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
12.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
However, this clause 12.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
12.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
13.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
14. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. NOTICES
All notices sent by you to us must be sent in writing to CSR (UK) Limited at c/o Wentworths & Associates, White Hart House, Silwood Road, Ascot, Berkshire SL5 0PY. We may give notice to you at either the e-mail or postal address you provide to us in the Order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. DATA PROTECTION
We will only use the personal information you provide to us to provide the Services, to make improvements to our services, and to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, telephone or email. If you do not want us to use your personal information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form).
18. GENERAL
18.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
18.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
18.4 These Terms and all Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts in relation to both contractual and non-contractual disputes.
