TERMS OF BUSINESS: ECURIE BERTELLI
1. PAYMENT & PRICING
Parts: Payment for parts is strictly before despatch.
Service & Restoration: Invoices for repair and restoration are payable within 14 days of receipt.
Payment Methods: Bank transfer or Cresco (details provided on invoices).
Currency: All prices are in sterling and exclude VAT, which is charged at the prevailing rate.
Price Adjustments: We reserve the right to amend prices without notice if necessary, with goods invoiced at prices ruling at the date of despatch.
Late Payment: Payments not received by the due date incur interest at 8% per annum above the Bank of England base rate, calculated daily.
Administrative Fees: An administration charge of £100 applies to late payments. Additionally, we reserve the right to charge £50 + VAT per letter for correspondence regarding outstanding accounts.
Debt Collection: Costs for debt collection measures will be charged in addition to the outstanding balance.
2. DELIVERY & EXAMINATION
Timescales: Any delivery times or restoration timescales are estimates only and are not guaranteed.
Method: Carriage in the UK is via Post/Road unless otherwise agreed; overseas or next-day delivery incurs extra charges.
Vehicle Collection: Vehicles are returned to the original collection address unless specific prior arrangements are made.
Inspection: Customers must sign for goods as "contents unexamined" if damage is suspected. Any damage or shortage must be reported within 3 working days. Non-delivery must be reported within 10 days of the advice note.
3. WORKSHOP & STORAGE
Vehicle Use: Customers must inform us in writing of any dates they require use of the vehicle before delivering it to us.
Storage Charges: A storage charge of £15 + VAT per day applies if:
A customer postpones a delivery/collection arrangement and does not accept an alternative date within 14 days.
An estimate for work is not accepted or declined within 14 days of receipt.
Lien: We reserve a right of lien over any vehicle or parts in our possession until all outstanding sums are paid.
Disposal: We reserve the right to dispose of vehicles or parts to recover unpaid debts in accordance with the Torts (Interference with Goods) Act 1977.
4. WARRANTY & LIABILITY
Warranty Periods: * New Parts: 12 months.
Reconditioned Parts: 6 months.
Service Parts: 3 months.
Second-Hand Parts: 1 month.
Labour: Runs for the same period as the associated parts.
Warranty Conditions: * Valid only when all monies have been paid in full; non-payment voids all warranties.
Warranties are personal to the original purchaser and are non-transferable.
Any rectification work authorized by a third party (other than Ecurie Bertelli) voids the warranty.
Exclusions: Warranty does not cover third-party labour, competition/speed trial use, misuse, or indirect/consequential loss. Paintwork warranty applies to new panels only, not spot repairs.
Insurance: Our insurance covers loss/damage resulting from our negligence only. Customers must maintain their own "Agreed Value" policy for all other risks.
5. RETURNS & CANCELLATIONS
Restocking: Correctly supplied goods returned at our discretion are subject to a minimum 15% re-stocking charge.
Special Orders: Non-stock items require a 50% non-refundable deposit and cannot be returned unless faulty.
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PROPOSED: COMMISSION SALES TERMS
I have drafted these to integrate seamlessly with the section logic above.
6. COMMISSION SALES (VEHICLE CONSIGNMENT)
Agency Agreement: Ecurie Bertelli acts as an Agent for the Owner. The contract of sale is between the Owner and the Buyer.
Owner Warranties: The Owner warrants they have full legal title to the vehicle, free of finance/liens, and that all historical information provided is accurate.
Commission & Deductions: Commission is charged at 7.5% of the gross sale price (or as otherwise agreed in writing) plus VAT if applicable. We reserve the right to deduct commission, agreed marketing costs, and workshop preparation fees from the sale proceeds before remitting the balance to the Owner.
Insurance & Risk: The Owner must maintain their own insurance for the duration of the consignment. Ecurie Bertelli's insurance covers the vehicle only during staff handling or authorized test drives.
Withdrawal: If the Owner withdraws the vehicle from sale before the expiry of the agreed term, a withdrawal fee of £1,000 plus any incurred marketing/detailing costs shall apply.
Unsold Vehicles: Vehicles not sold within the agreed period must be collected within 14 days of notice, after which standard storage charges of £15 + VAT per day apply.