Website
In N Out Autocentres has made every effort to ensure the accuracy of the information contained in this site.
Whilst every effort is made to produce up to date information and specifications, this site should not be regarded as an infallible guide to our products and services, nor does it constitute an offer for the sale of any particular item.
All rights, including copyright and database right, on the website and its contents, are owned by or licensed to In N Out Autocentres, or otherwise used by In N Out Autocentres as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from, In N Out Autocentres or the copyright holder.
You may not adapt, alter, or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.
In N Out Autocentres reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. In N Out Autocentres reserves the right to monitor submissions to the site and to edit or reject any submissions.
We try to ensure that information on our site is accurate, complete and up to date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use the site.
Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'AS IS' and on an 'IS AVAILABLE' basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.
In no event will In N Out Autocentres be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.
Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.
All third-party brand, product, service, and company names contained on this site are the trademarks, service marks and trade names of their respective holders. In N Out Autocentres does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
In N Out Autocentres does not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of In N Out Autocentres and you visit entirely at your own risk, the third parties Terms and Conditions will apply along with their privacy policy.
Any software downloads from this site have been thoroughly scanned and tested at all stages of production, but as with all new software we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. In N Out Autocentres cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.
If any of these Terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable.
In N Out Autocentres reserves the right to change any of its terms and conditions at any time by posting changes online.
If you do not accept these Terms in full, you must stop using this website immediately
Repairs and Servicing Work and Sale of Parts
1. INTRODUCTION
1.1. In N Out Autocentres ("the Company" "us" "our" or "we") sells and supplies goods to customers ("the Customer" "you" or "your") for use in conjunction with vehicles ("Parts") and also accepts vehicles for repair, servicing and for examination with a view to estimating or quoting for repairs or for any other purposes ("Repair and Servicing Work") only on and subject to the following terms and conditions (in addition to any condition stated on the face of this document).
1.2. In these conditions:
"Contract" means the contract for the Repair and Servicing Work and/or for the purchase and sale of the Parts.
"Business Customer" means a customer who is not a Consumer; and
"Consumer" means a customer who is a consumer within the meaning of the Consumer Rights Act 2015.These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.3. An order constitutes an offer by you to purchase the goods and services in accordance with these Conditions. You are responsible for ensuring that the terms of the order are complete and accurate.
1.4. The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract shall come into existence.
Clause 1.5 applies to Business Customers only with an Approved Agreement or Contract
1.5. These terms constitute the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by us or on our behalf which is not set out in the Contract.
2. PRICE
2.1. The price of the Parts shall be our quoted price. Quotations are valid for, and may be accepted by you within, 30 days. If no price has been quoted (or a quoted price is no longer valid) the price of the Parts shall be as listed on our price list current at the date of acceptance by us of your order, a copy of which is available on request.
2.2. In respect of the Repair and Servicing Work: -
2.2.1. All estimates and quotations made by us are based on the cost to us of labour, materials, and Parts current at the date of the estimate or quotation. If there is an increase in the cost to us of labour, materials or Parts which occurs before or after our acceptance of your order or before or after you accept our quotation, we shall immediately inform you of such increase and you shall have the right to cancel the Contract. If you accept such increase, we shall be entitled to charge you accordingly.
2.2.2. If no price is estimated or quoted or if only part of the Repair and Servicing Work covered by an estimate or quotation is carried out, we shall be entitled to charge you for the Repair and Servicing Work reasonably carried out (including any necessary stripping down to determine the practicability or otherwise of any Repair and Servicing Work and reassembly) and for any materials at our prices current at the date of our acceptance of your order or the date when you accept our quotation a copy of which is available on request.
2.2.3. Estimates and quotations in respect of Repair and Servicing Work in our premises are effective only for 30 days after quoting. If instructions are not received from you in response to an estimate or quotation within 30 days after despatch, we shall be entitled to charge our usual garaging rates of £15 per day from the date of expiry of the 30-day period until its collection.
2.3. The sums payable to us under these conditions are exclusive of any applicable VAT, which you shall be additionally liable to pay to the Company.
3. INTERRUPTIONS
If our performance of the Repair and Servicing Work is affected by an event circumstance or cause outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Repair and Servicing Work or Parts you have paid for but not received.
4. VARIATIONS
4.1. If you wish to make a change to the Repair and Servicing Work, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Repair and Servicing Work, their timing or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.2. We may change the services:
4.2.1. to reflect changes in relevant laws and regulatory requirements; and
4.2.2. to implement minor technical adjustments and improvements, for example to address a safety threat.
These changes will not affect your use of the services.
4.3. In addition to clause 4.2, we may make other changes to the Contract or the Repair and Servicing Work, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund for any Repair and Servicing Work or Parts you have paid for but not received before the changes take effect.
5. CUSTOMER'S AGENTS
Any Repair and Servicing Work and Parts supplied in relation to a vehicle pursuant to the order of any driver of the vehicle in your employment, or of any person who is acting as your agent, shall be paid for by you.
6. PAYMENT
6.1. If the Contract is for Parts alone and does not comprise any Repair and Servicing Work, payment for the Parts shall be due immediately on our Invoice date or pre-paid via our website.
6.2. If the Contract comprises wholly or partly Repair and Servicing Work, then payment for all elements of the Contract including Parts shall be due upon completion of the Repair and Servicing Work and we shall be entitled to retain possession of the vehicle until payment is made in full.
6.3. If you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due we shall be entitled to end the contract.
6.4. If payment is not made when due then interest will accrue on our charges from the day after the due date until payment in full is made at a rate of 3% above the Base Rate of HSBC Bank Plc from time to time. Any reference to our charges or account or monies owing in indebtedness to us in these conditions shall include such interest.
6.5. We shall be entitled to demand from you a deposit of up to 50% of the estimated charges on account of the price or Parts and/or Repair and Servicing Work, and the Company shall be entitled to set off such deposit against the price due from the Customer. Where you are entitled under the Contract or any applicable statute to receive a full or partial refund the deposit, or an appropriate portion of it, shall be returned to you as part of that refund.
NOTE - Special order parts, Special order parts are parts that we must pre order from suppliers outside of our normal preferred suppliers. These parts must be paid for in full before the order is placed by us to the supplier in the knowledge that these parts are non-returnable and non-refundable, the part however remains the property of the customer.
7. GARAGING CHARGES
7.1. If a vehicle is not collected within 48 hours after the time indicated or agreed for delivery of the vehicle, we shall be entitled to charge you for garaging the vehicle at our usual rates of £15 per day until collection.
7.2. If no such time for delivery of the vehicle has been indicated or agreed if the vehicle is not collected within 7 days from the time, we notify you that the vehicle is ready for collection, we shall be entitled to charge you for garaging the vehicle at our usual rates of £15 per day until collection.
7.3 Parking Charges
7.4 Customers, contractors, and others using one of our facilities that has parking cameras installed, must ensure that they register their vehicles on the parking system straight away on arrival. Any parking charges are the sole responsibility of the registered keeper of the vehicle and in no way the responsibility of In n Out Autocentres. Any disputes must be taken up directly with the parking company concerned.
8. LIEN
We shall have a general lien on any vehicle on which we have carried out Repair and Servicing Work and on any other property in our possession belonging to you for all monies due and owing to us by you on any account or invoice whatsoever. We shall be entitled to charge for garaging the vehicle at our usual rates of £15 per day during any period in which the vehicle is retained by us in exercise of any lien.
9. SALE OF GOODS
If your indebtedness to us is not satisfied within three months of the date of the first account or invoice rendered to you in respect of all or part of that indebtedness, we shall, without notice be entitled to sell any of your property upon which we have exercised our lien by public auction or private treaty (at our unfettered option). The net proceeds of sale shall first be applied to satisfying your indebtedness to us and any balance shall be paid by us to you on demand.
10. DELIVERY
10.1. We will supply the Repair and Servicing Work to you from the date we accept your order or you accept our quotation until we have completed the Repair and Servicing Work or the Contract otherwise comes to an end. The estimated completion date for the services is as told to you during the order process. Repair and Servicing Work is completed for the purposes of these conditions when written or verbal notice has been given that the vehicle is ready for collection.
10.2. We shall obtain a copy of photographic ID for any individual whom we have not previously met who collects the vehicle or parts, but we shall not be obliged to seek further confirmation of the authority of any person whom we reasonably believe has your authority to collect the vehicle or Parts.
10.3. Delivery of Parts shall be made by you collecting the parts at our premises at any time after we have notified you that the Parts are ready for collection or, if some other place or delivery has been agreed, by our delivering the parts to that place.
Clause 10.4 applies to Business Customers only
10.4. We shall not be responsible to the Customer for any loss or damage if such person in fact had no such authority.
FINES
Clause 10.5 applies to Consumers only.
10.5. You have legal rights if we deliver any goods or services late. If we miss the delivery deadline for any goods or services, then you may treat the contract as at an end straight away if any of the following apply:
10.5.1. we have refused to deliver the Parts or carry out the Repair and Servicing Work.
10.5.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
Note – All payments are due before or on collection of vehicles.
11. SUB-CONTRACTORS
11.1. We shall be entitled at our sole discretion to employ or make use of sub-contractors including but not limited to radiator specialists, electrical specialists, coach builders and testers for all or part any part of the Repair and Servicing Work on a vehicle.
11.2. We will exercise reasonable skill and care in the selection of sub-contractors, and we will accept liability for the Repair and Servicing Work carried out by, and any materials or Parts supplied by, such sub-contractors in accordance with clause 11.1.
12. DRIVING OF VEHICLES
For the purpose of any inspection, repair or contemplated repair, testing of the vehicle, taking the vehicle to sub-contractors, demonstrations, or other purposes for which the vehicle is accepted by us, and you hereby authorise the driving of the vehicle by us, our employees, agents and sub-contractors on the public highway and elsewhere.
13. WARRANTIES AND LIMITATIONS ON LIABILITY
13.1. You shall be entitled (as far as the Company can secure) to the benefit of any warranty to which we are entitled as against the manufacturer of Parts supplied or as against any sub-contractor engaged by the Company.
13.2. All Repair and Servicing Work carried out by us and by any sub-contractor engaged pursuant to clause 11 is only warranted against failure due to defective workmanship for a period of 12 months or 12,000 miles whichever occurs first. All original parts are warranted for 12 months or 12,000 miles whichever occurs first. The warranty in this clause 13.2 extends only to Repair and Servicing Work actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights of a Consumer.
13.3 If we agree to the fitting of 2nd hand or remanufactured / green parts the guarantees offered by the suppliers of these parts will be passed on to the customer. These parts are fitted in the knowledge and understanding that fall outside our normal guarantees.
13.4 We reserve the right to fit customer supplied parts. However, in the event we fit customer supplied parts no guarantee will be offered as to the fitment of these parts.
Clause 13.3 to 13.6 inclusive applies to Business Customers only.
13.3. Unless expressly provided in these conditions, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
13.4. We will exercise reasonable care in the selection of best quality parts and materials as are available but provided that we have exercised such care we shall not be liable for any defects in such parts or materials.
13.5. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law under the express terms of the Contract, for any consequential loss or damage (including loss of profit), costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Company, our employees or agents or otherwise) which arise out of or in connection with the supply of the Parts or their use or re-sale by you, or which arise out of or in connection with the Repair and Service Work expect as expressly provided in these conditions.
13.6. The aggregate liability of the Company in contract, tort (including negligence), statute or otherwise (other than for death or personal injury caused by the negligence of the Company) shall not exceed the greater of the price of the Parts and Repair and Servicing Work under the Contract or the value of £10,000.
Clause 13.7 to 13.9 inclusive applies to Consumers only
13.7. We are under a legal duty to provide goods and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
If your product is goods, for example vehicle parts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
If your product is services, for example repair works to your vehicle, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
- if you haven't agreed a price upfront, what you are asked to pay must be reasonable.
- if you haven't agreed a time upfront, it must be carried out within a reasonable time.
13.8. If you wish to exercise your legal rights to reject Parts you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
13.9. If you are a Consumer then we will supply the Parts to you for domestic and private use. If you use the Parts or the vehicle they are used in for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. SECURITY
14.1. Subject to Clause 14.2 we will exercise reasonable care in respect of the safety and security of your vehicles and other property.
Clause 14.2 applies to Business Customers only
14.2. The Company shall have no liability for loss of or damage to Customers' vehicles and other property howsoever caused, including damage caused by negligence on the part of the Company, if:
14.2.1. it is not aware at the time of the damage or loss that the Customer has entrusted or sought to entrust the vehicle or such other property to it; or
14.2.2. the vehicle remains on our premises more than 48 hours after we notify you that the vehicle is ready for collection.
15. REMOVED PARTS
All parts removed by us from a vehicle in the course of Repair and Servicing Work shall, unless prior written notice to the contrary has been given by you, be deemed to be wholly abandoned to us with immediate effect and become our absolute property.
16. RISK AND RETENTION OF TITLE
16.1. Although all Parts sold and all Parts and materials supplied in the course of Repair and Servicing Work by us ("the Goods") remain the Company's property until payment is received in full, risk in them shall pass to you from the time of delivery to you or your agent and you shall keep them properly insured against loss or damage and in the event of such loss or damage occurring shall hold the insurance proceeds on our behalf as trustee for us and keep such insurance proceeds separate from any monies or property belonging to you or third parties.
16.2. Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain our property until you have paid the full price for the Goods and all other sums you owe us under any contract or on any account together with any interest payable under the relevant contract in respect of the Goods or Repair and Servicing Work and any other contract or arrangement or account.
Clause 16.3 applies to Business Customers only
16.3. Until such time as the property in the Goods passes to you:
16.3.1. you shall hold the Goods as our fiduciary agent and bailee and shall keep them separate from your own goods and those of third parties and keep them properly stored, protected and marked in such a way as they can be identified as tour property. You shall be entitled to resell or use the Goods in the ordinary course of your business but shall account to us for the proceeds of sale or otherwise the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of your own and third parties, and in the case of tangible proceeds, properly stored, protected and insured. We shall be entitled to trace all such proceeds of sale or otherwise of the Goods received by you through any bank, or other account maintained by you.
16.3.2. if you re-sell or use the Goods you shall assign your rights to recover the proceeds of sale or otherwise of the Goods from the third parties concerned to us if we require you to do so in writing.
16.3.3. Provided the Goods are still in existence and have not been resold, we shall be entitled at any time to require you to deliver up the Goods to us, at your expense. If you fail to do so we shall have the right (save in relation to Customers situated in Northern Ireland) forthwith to enter upon any of your premises or any third party’s premises where the Goods are stored and repossess the Goods, at your expense.
17. RETURN OF PARTS
We will accept the return of Parts and give credit for the price subject to the Parts being returned in perfect condition within 7 days of the date of collection of the Parts by the Customer. The Company reserves the right to make a handling charge of 15% of the value of any parts so returned. Returns are not accepted of non-stock items which have been specially ordered by the Company for the Customer. The rights contained in this clause are in addition to and will not limit the statutory rights of a Consumer.
18. YOUR INSOLVENCY
18.1. This clause applies if:-
18.1.1. You, (being a company) make any voluntary arrangement with your creditors, or an application is made or a person becomes entitled to appoint an administrator, administrative receiver or receiver or go into liquidation (other than for an amalgamation or reconstruction) or (being an individual) become bankrupt; or
18.1.2. An encumbrancer takes possession of or a receiver is appointed over, any of your property or assets; or
18.1.3. You cease, or threaten to cease, to carry on business or are unable to pay your debts as they fall due; or
18.1.4. We reasonably apprehend that any of the events mentioned above is about to occur to you and notify you; accordingly, or
18.1.5. You take any similar action in consequence of debt.
18.2. If this clause applies then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries and Repair and Servicing Work under the Contract without any liability to you and if Parts have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
The whole of clause 19 applies to Consumers only
20. GENERAL
20.1. Any notice or other communication given or made under or in connection with these conditions shall be in writing and shall be given or made to the Customer or the Company, as the case may be, at its last known address and, if by facsimile, sent to the facsimile number as either party may from time to time notify to the other. Every notice or other communication, if so addressed, shall be deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party if sent by prepaid first-class post, two business days after the date of posting and, if transmitted by facsimile, at the time of transmission. Notice may not be validly served by electronic mail.
20.2. No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.
20.3. We may at any time, without limiting any other rights and remedies we may have, set off any amount you owe to us against any amount payable by us to you.
20.4. The headings in these conditions are for convenience only and shall not affect their interpretation.
20.5. If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts of the provision shall continue to full force and effect.
20.6. Save where the context forbids, the expression, "vehicle" used in these terms includes any car, lorry, van, trailer, caravan, invalid carriage or cycle, and as a separate unit or otherwise, any engine, axle, gear box, clutch, generator, starter, battery and each and every component on a vehicle.
20.7. No alterations or qualification of these printed conditions shall be effective unless made in writing and signed by each party or a duly authorised representative of each party.
20.8. 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.
20.9. These terms shall be governed by the laws of England the parties submit to the exclusive jurisdiction of the English courts.
20.10 Complaints Policy
COMPLAINTS POLICY
The business always endeavours to provide the best service. However, on rare occasions there may be times where a customer may not be completely satisfied.
To ensure the business can put things right for you, as soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out based on the contract terms and to the high standards the business aims to achieve.
Please contact the business straight away with any concerns either by phone, email or write to us. If writing, get proof of posting.
Business Complaint Procedure
On receipt of your complaint the business aims to respond within 5 days.
The business will arrange a convenient date to come and view and/or remedy the situation within 28 days.
In the unlikely event the business is unable to resolve your complaint having exhausted the business complaints procedure, it may be necessary to use another complaint service. Where the business cannot resolve the complaint to your satisfaction and/or agree to the final resolution requests confirmed to us; and both parties agree a ‘deadlock’ has been reached, you can then escalate your complaint.
The business has access to an Alternative Dispute Resolution (ADR) service for our domestic installation, service, repair, and maintenance contracts as part of the Which? Trusted Traders Endorsement. If you choose to you can refer your complaint to Which? Trusted Traders’ Alternative Dispute Resolution. You will need to contact Which? Trusted Traders on 02922670040 who can explain if you are eligible to use their Alternative Dispute Resolution.
