STA Service and Repair Terms and Conditions
Definition of Words/Phrases Used In These Terms and Conditions
‘STA’, ‘our’, ‘we’ and ‘us’ means STA Vehicle Centre Limited whose registered office is at Halesfield 22Telford Shropshire. Registered in England and Wales number 04380295.
‘STA Group’ means STA and any holding company or subsidiary company within the STA group of companies.
‘Breakdown Assistance Contract’ means any agreement under which you are entitled to request breakdown assistance services from the STA.
‘Customer’ means you
‘Fee(s)’ means the sum(s) which you pay us in consideration of the performance of the STA Service & Repair which shall include the parts and labour identified to you by STA and any VAT and other applicable taxes payable.
`STA Premises’ means the Branch`s at Telford and Birmingham
‘STA Service & Repair’ means the services that STA provides to you in relation to the Vehicle.
‘STA Service & Repair Technician’ means the person providing the relevant STA Service & Repair for and on behalf of STA.
‘STA Service & Repair Estimate’ means the estimate provided to you by the STA, and confirmed in writing or email to you. The STA Service & Repair Estimate will set out the work you have asked to be carried out (and that we are offering to provide) in relation to the Vehicle and the Fee(s) payable for that work.
‘STA Service & Repair Work’ means the work, including any parts, identified on the STA Service & Repair Estimate.
‘Vehicle’ means the vehicle in relation to which you instruct us to carry out the STA Service & Repair.
‘You’ and ‘your’ means the person who requests the provision of STA Service & Repair.
The parts and labour required to carry out the repair of the Vehicle as detailed in STA Service & Repair Estimate.
STA Service & Repair Descriptions
1. Vehicle Repairs and Maintenance
What is included:
The parts and labour required to carry out the repair or maintenance of the Vehicle as detailed in STA Service & Repair Estimate.
STA are committed to environmental sustainability and employing waste disposal practices that reduce the environmental impact from our works. In order to ensure all waste is safely and responsibly handled and disposed of, waste disposal specialists with appropriate licenses are utilised.
What is not included:
Additional parts and/or labour not detailed in the STA Service & Repair Estimate and which are required to repair the Vehicle.
Note: In providing an STA Service & Repair Estimate we will often have to rely on information provided by you in order to identify the repair(s) or maintenance required. Where, on or following arrival at the Vehicle, it appears in the STA Services & Repair Technician’s reasonable opinion that additional labour and/or different or additional parts (not identified in the STA Service & Repair Estimate and which could not have been reasonably foreseen by us on the information you provided) are required to repair or to carry out the maintenance of the Vehicle then we will be entitled to stop work and to charge you a reasonable sum for any work carried out by us).
If, for any other reason, the STA Service & Repair Technician establishes, on or following arrival, that the STA Service & Repair Work would not repair the fault found and requires a third party garage, Then no charge will be made for inspection work done by the STA Service & Repair Technician .
2. Vehicle servicing
What is included:
The parts and labour required to service the Vehicle for the level of service requested and referred to in your STA Service & Repair Estimate.
What is not included:
The cost of any additional parts and labour required to repair any faults or additional work identified during the service.
3. Tyre Replacement
What is included:
The cost of the tyre(s) fitted, and the labour required to fit the same, as identified on the STA Service & Repair Estimate. The Fee(s) will also include balancing of the tyre(s) supplied and, unless you have asked to retain the tyres prior to their removal, disposing of any tyres replaced.
What is not included:
Wheel alignment. Wheel alignment is not included unless expressly requested and referred to in the STA Service & Repair Estimate.
Please note: If, on attendance, the STA Service & Repair Technician discovers:
- a. that you have provided incorrect information as to the tyre(s) required for the Vehicle, or
- b. that you cannot provide the appropriate locking wheel nut key for the removal of your wheels,
We will not be obliged to provide STA Service & Repair and will be entitled to charge you additional fees.
Removal of wheels without appropriate locking wheel nut: You should be aware that if you cannot provide the appropriate locking wheel nut key and request that we try to remove the wheel without it, there is an inherent risk of damage to the locking wheel nut and/or the wheel. If we agree to attempt a wheel removal, at your request and without the appropriate locking nut key, then this damage is at your risk and we, our agents or sub-contractors, shall not be liable for it. This does not exclude our responsibility for damage beyond what is reasonably commensurate with the attempted removal of the relevant wheel (for example damage to other areas of the vehicle).
General Terms of Contract
1. Terms and Conditions to Apply
- The contract governed by these Terms and Conditions is made between you and STA. If we agree to do any work for you not shown on the STA Service & Repair Estimate, we will agree the charges with you beforehand and these terms and conditions will apply.
All prices given by STA to the Customer shall be provided in a written estimate.
If when the vehicle arrives, additional work or parts are needed which were not mentioned in the original estimate, a new estimate will be provided with the additional costs.
Work will not start on the vehicle until the estimate has been accepted in writing. This also goes for additional costs, these will have to be accepted before work is continued.
All Customers are entitled to receive estimates from STA and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay STA the reasonable costs for the Services and/or Parts.
Should any dispute exist as to what would constitute the reasonable costs under the circumstances, the Customer will pay such costs pending resolution of the Dispute and will not be relieved from accumulating storage costs pending resolution of such Dispute.
Estimates are given subject to the Customer’s acceptance that costs may fluctuate in accordance with the actual costs of Parts provided and Services rendered.
All estimates will be emailed or texted to the Customer, and acceptance to the estimate can only be written confirmation. No parts will be ordered until confirmation of the estimate has been accepted.
3. Estimate validity
Unless otherwise stated in writing, the STA Service & Repair Estimate usually remains valid for 30 days from the date of the estimate. However, we reserve the right, prior to the commencement of STA Service & Repair, to notify you of an immediate increase in the estimate where this results from an increase in the cost of parts or other charges beyond our reasonable control. In the event of an increase to your estimate you will have the right at cancel at any time prior to our commencement of STA Service & Repair Work
4. Technical Advice
4.1 In the event of the Customer electing not to accept the technical advice given by STA, the Services are performed and Parts provided by STA at the Customer’s sole and absolute risk.
4.2 In an event described in the preceding paragraph 4.1, the Customer waives any/all rights to claim damages from STA, including consequential damages and pure economic loss and further indemnifies the Vendor against any loss or damage suffered by the Customer and/or any third party.
5.1. If a Customer elects not to receive an estimate for the costs of diagnostics, including disassembly and/or re-assembly of the Customer’s property, the Customer assumes the risk for the reasonable costs associated therewith.
5.2. Although STA will take all reasonable care in disassembly and/or re-assembly of the Customer’s property, the customer acknowledges that damage may occur to such property due to many reasons, including pre-existing defects or damage occasioned by virtue of the nature of the diagnostics process and agree that such diagnostics are performed strictly subject to the Customer’s waiver in favour of the Vendor of any/all rights to claim damages arising therefrom.
5.3. If the Customer elects not to proceed with any Work for whatsoever reason after diagnostics have been performed, including not accepting STA`s estimate, the Customer will accept and remove its property in a disassembled condition and if re-assembled, without warranty and under liability for the reasonable re-assembly costs.
5.4. The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable
6. Additional Services & Parts
6.1. Unless the parties agreed that no additional Services will be rendered or Parts provided without the Customer’s express consent, STA shall be entitled to render such additional Services and provide such additional Parts as may reasonably be required, the reasonable costs whereof the Customer undertakes to pay.
6.2. The rendering of additional Services and provision of additional Parts shall not, unless expressly agreed to the contrary, constitute a new agreement and shall be subject to these terms and conditions.
7. Customers Property left in or on Vehicle
7.1 Customers are always required to remove all valuables from any vehicle left with STA.
7.2 STA will not be responsible for any loss or damage of valuable items left by the customer
8. Vehicle/Area Restrictions
8.1 The STA Service & Repair is only available to repair certain vehicle faults, for certain makes and models of vehicle and in certain areas of the country. You will be advised of these, if relevant.
8.2 STA will, if agreed with you, conduct Service and Repairs away from STA Branch premises.
9. Hours of operation
Subject to availability, STA Service & Repair operate six days a week, (excluding Bank Holidays) and between the hours of 8am–6pm. We operate a 24 hour breakdown service for Iveco and Renault, through their platforms.
10. STA Service & Repair Location
The location for the provision of the STA Service & Repair, as requested by you, will be either at Telford or Birmingham branch and must meet the requirements advised by STA and, once agreed, cannot be changed unless otherwise agreed by the parties.
11. Payment of Fee(s)
11.1. If the Customer does not have an account. The Fee(s) can only be paid by debit or credit card and, unless otherwise advised, will be payable on completion of the relevant STA Service & Repair Work. A VAT receipt will be provided if requested.
11.2. Where the transaction value is over £1000 or a fraud alert is raised, STA reserve the right to ask for the payment to be made by BACS/CHAPS.
11.3. STA will not accept cash on Fees which are more than £100.
11.4. Possession of the vehicle will not be passed back to the customer until they have paid for the cost of the works.
11.5. If payment is not made, the garage is entitled to charge reasonable storage costs.
11.6. The Vendor is entitled to require a deposit, prior to rendering the Services and/or providing the Parts.
11.7. The Vendor’s willingness to accept payment in any form other than cash, constitutes an indulgence for the benefit of the Customer, which may be revoked at any time.
12. Agents etc.
The STA Service & Repair will be provided by STA and/or its agent(s) or sub-contractor(s). We will only accept responsibility for the actions of an agent or sub-contractor where they are acting on our instruction and providing STA Service & Repair under these Terms and Conditions.
13. Parts Availability
The parts which may be required to complete the STA Service & Repair Work are subject to availability and we will inform you as soon as reasonably possible if they are not available. In such circumstances we will be entitled to re-arrange the time and date of your appointment for the STA Service & Repair.
14. Owner’s authority
Where you are not the owner of the Vehicle:
- a. by instructing us to carry out the STA Service & Repair in relation to the Vehicle you warrant to us that you are authorised by the owner and registered keeper of the Vehicle to do so; and
- b. You agree to hold us harmless and make good any losses, costs or damages which we incur as a result of any claims against us by the owner or registered keeper of the Vehicle alleging that, or resulting from the fact that, you were not authorised to so instruct us and/or the provision by us of STA Service & Repair under your direction.
15. Road tests
STA may give the Vehicle a short road test as part of the STA Service & Repair Work.
16. Right to Cancel
If you wish to cancel an STA Service & Repair, please ring us on 01952 587285
If, with your agreement, we provide STA Service & Repair Work before the end of the cancellation period under the Distance Selling Regulations 2000, your right to cancel will end as soon as we start to provide the STA Service & Repair Work.
18. Extent of STA Service & Repairs
We will carry out the STA Service & Repair Work described in under “What is included”, as relevant for the service requested. No other services are included (for example, without limitation, those listed above under the relevant “What is not included” heading, or otherwise excluded under these Terms and Conditions).
19. Our Warranty
Subject to as set out below in this clause and in addition to your statutory rights as a consumer, we agree to correct, free of charge, any defect in the Vehicle which is caused by our faulty workmanship or any defects in the parts supplied provided that:
- a. the defect arises and is reported to us within 12 months of the completion of the relevant STA Service & Repair Work or within 12,000 miles of completion of such work, whichever the shorter; and
b. you arrange for the Vehicle to be inspected by us as soon as reasonably practicable after discovering the defect and you take all reasonable steps to reduce any damage which the faulty workmanship or defect may cause.
19.1. This warranty does not cover any damage caused by your use of the Vehicle after discovery of the defect.
19.2. This warranty will not cover defects arising from normal wear and tear, willful damage, negligence by your, or any third party, use otherwise than as recommended by us or the Vehicle’s manufacturer, failure to follow our or the Vehicle’s manufacturer’s instructions or any relevant alteration carried out without our approval.
19.3. If we recommend work which you do not authorise us to do then this warranty will not cover any defect or damage arising as a result of that work not being done.
19.4. This warranty is strictly limited to those works we carry out on your behalf under STA Service & Repair and we will not, under this warranty, accept charges for any repairs you have had undertaken by other garages/repairers.
19.5. This warranty does not apply to any tyres supplied or to any windscreen repairs carried out.
20. Replaced Parts
Save where the STA Service & Repair Estimate indicates that you are to retain a replaced part, we will be entitled to retain, to dispose of and to benefit from all replaced parts. In addition, where the following replaced part(s) are in such a condition that we cannot submit the same for reconditioning without paying a supplement we will be entitled to charge you a supplement, the amount of which will be advised in the relevant STA Service & Repair Estimate: parts affected: drive shaft; alternator; starter motor.
21.1. Possession of the Customer’s property is taken by STA strictly subject to the provisions of this agreement.
21.2. STA does not assume or accept any risk until the Customer’s property is delivered to STA`s regular business premises and any collection and/or delivery of the Customer’s property at any place other than such premises is done entirely at the Customer’s risk.
21.3. The Customer authorizes STA to transport its property from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics or transfer to and/or from any third party.
21.4. Any transportation of the Customer’s property is undertaken strictly subject to it being done at the Customer’s risk and under waiver of any/all claims arising therefrom, except if STA is grossly negligent.
21.5. Although all reasonable care will be taken with the Customer’s property in STA’s possession, STA shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.
21.6. Possession will only be returned to the Customer upon full payment being received by STA and allowing the Customer to inspect or test the property does not constitute giving possession.
22. Collection, Storage & Lien
22.1. The Customer will be notified upon completion and will collect the property as soon as possible, but within 7 days from being so notified.
22.2. STA will be entitled to charge a reasonable storage fee for uncollected property after said 7 days and uncollected property may be sold.
22.3. The Customer acknowledges that its property will at all times be subject to STA’s lien, which will only be extinguished upon receipt of full payment by STA, including third party costs incurred by STA on behalf of the Customer.
22.4. The Customer consents to a lien in favour of STA arising from unpaid storage costs and third party costs.
23. Rights to refuse service
STA has the right, at any time, to refuse to provide or arrange service of whatever nature where it reasonably considers that:
- a. You or anyone accompanying you is behaving or has behaved in a threatening or abusive manner to STA Group employees, or agents, or to any third party contractor;
- b. You have falsely represented that you are entitled to services that you are not entitled to;
- c. You have assisted another person in accessing STA services to which they are not entitled;
- d. You owe the STA Group money or have no ability to pay with respect to any services, spare parts or other matters provided or to be provided by the STA Group or by a third party on the STA’s instruction;
- e. the circumstances surrounding the Vehicle, for example, that provision of the STA Service & Repair would, in STA’s reasonable opinion, involve any breach of the law or of the rights of any third party, or there is a reasonably foreseeable health and safety risk to a third party or to any STA employee, agent or sub-contractor who is involved in providing the STA Service & Repair or where there is the potential for harm or damage to the environment;
- f. the Vehicle is in a dangerous, over-laden or un-roadworthy condition.
24. Matters outside the STA’s reasonable control
24.1. While STA seeks to meet the service needs of its customers at all times, its resources are finite and this may not always be possible. We will use all reasonable endeavours to complete the STA Service & Repair Work within the time estimates given to you. We will inform you of any delay as soon as reasonably practical.
24.2. STA shall not be liable for any failure where such failure results from circumstances outside STA’s reasonable control. Events which constitute circumstances outside STA’s reasonable control include (but are not limited to) acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of government or authority (including the refusal or revocation of any licence or consent), fire, subsidence, explosion, flood, snow, fog or other bad weather conditions, vehicle, equipment or systems failures, shortages of fuel or other necessary supplies, failure of telecommunications lines or systems, default of suppliers or subcontractors, theft, malicious damage, any refusal of access to (or inability to access) an agreed location for carrying out STA Service & Repair, strike, lock out or industrial action of any kind.
24.3. If weather conditions mean that either a) it is not safe for STA Service & Repair Technician to complete the STA Service & Repair, or b) the STA Service & Repair could not reasonably be carried out to required standards, then STA reserve the right to rearrange an appointment. In these situations, you will be given as much notice as possible.
25. Exclusion of liability for loss of profit
We, and our agents or sub-contractors, shall not be liable to you for any loss or damage caused by us, our employees, agents or sub-contractors where a) there is no breach of a legal duty owed to you by STA or its employees, agents or sub-contractors; b) such loss or damage is not a reasonably foreseeable result of such a breach; or c) any loss or damage, or any increase in the same, results from any breach or omission by you. STA, its employees, agents or sub-contractors shall not, in any event, be liable for losses relating to any business interests you may have including, without limitation, loss of profits, loss of opportunity or of business or losses relating to business interruption.
26. Possible effects of STA Service & Repair on 3rd party warranties
If you have the benefit of a warranty in respect of the Vehicle from another company (e.g. a manufacturer’s warranty or another repairer’s warranty) the carrying out of the STA Service & Repair Work may affect your rights under that other warranty. You should check, and will be deemed to have checked, the terms of any such warranty you may have before instructing us to carry out STA Service & Repair Work. We and our agents or sub-contractors will not be responsible for the effect of the work on any other warranty you may have.
27. Liability for Death or Injury
For the avoidance of doubt, nothing in these Terms and Conditions shall exclude or restrict STA’s liability for negligence resulting in death or personal injury or any other liability which cannot be lawfully excluded or restricted.
28. Enforcement of Terms and Conditions
Failure to enforce or non-reliance on any of these Terms and Conditions by STA on a particular occasion or occasions will not prevent STA from subsequently relying on or enforcing them.
30. Third Party Rights
Save for STA’s sub-contractor’s or agent’s being entitled to rely on, or enforce, any provision in these Terms and Conditions that expressly refers to such sub-contractors or agents, none of these Terms and Conditions is enforceable by anyone else other than you and STA. For the avoidance of doubt, and without limitation to the generality of the foregoing, any rights under The Contracts (Rights of Third Parties) Act 1999, or any replacement thereof, are hereby excluded.
31. Use of personal information
We reserve the right to provide details of STA Service & Repair provided to you to:
- a. the owner and/or registered keeper of the Vehicle (if not you),
- b. our customer (whether an individual or organisation (corporate or otherwise)) under any Breakdown Assistance Contract relevant to the Vehicle (if not you), and/or
- c. the individual or organisation (corporate or otherwise), if any, which arranged for you to receive assistance in relation to the Vehicle under any Breakdown Assistance Contract.
- d. In addition, information you provide or we hold (whether or not under these Terms and Conditions) may be used by our employees or agents to, amongst other things,:
- (i) identify you when you phone us;
- (ii) help us detect fraud or loss;
- (iii) write, phone, email or SMS you with information about other services and products. You will not be contacted in this way if you have previously told us not to do so.
32. Interpretation, use of English law & language
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of their contents.
These Terms and Conditions, and any agreement entered into in connection with the same, shall be interpreted in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the courts of England and Wales.
34. Mediation and dispute resolution
STA and you the Customer agree to disputes after attempts at trying to agree a resolution should be referred to Mediation through ADR
Compliments and Complaints
If you have a compliment or complaint we really want to hear from you. We welcome your comments as they give us the opportunity to put things right and to improve STA service.
Please phone us on: 01952 587285
Or write to: Customer Care, STA Vehicle Centre Limited, Halesfield 22 Telford Shropshire TF7 4QX