1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions (“Terms”) on which Spinroute Limited (“CCM”, “us” or “we”) will supply goods or services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
3. SALES CONTRACTS
3.1 How we will accept your online order. Our acceptance of your order will take place when we email you a specific confirmation of your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your online order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods or services. This might be because the individual good is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or services or because we are unable to meet a delivery deadline you have specified.
3.3 Your order or job number. We will assign an order or job reference to your order, usually your vehicle registration number, and tell you what it is when we confirm acceptance of your order. It will help us if you can tell us the order or job reference whenever you contact us about your order.
3.4 How we will accept your in-garage or telephone order. Our acceptance of your order will take place when we tell you that we are able to provide you with the goods or services, and which good or service you then pay us for in full, or which acceptance we agree to confirm (verbally or in writing) to you, which includes an estimate to provide the goods or services, at which point a contract will come into existence between you and us.
3.5 We only sell to the UK. We only sell to the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of individual goods (and any packaging) on our website are for illustrative purposes only. Your individual goods may vary slightly from those images.
4.2 Making sure your specifications are accurate. If we are making or adapting goods or performing services to your specification you are responsible for ensuring that these specifications are correct. There are restrictions in these terms as to our ability and right to offer you a refund or repair for goods or services made to a specification.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the goods or services you have ordered 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 goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 If you have bought the goods or services online and we cannot make the change or the consequences of making the change are unacceptable to you, you may have a right to end the contract (see Clause 8. – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Changes and Minor Changes to the goods or services We may change the goods or services:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements, for example to address a security or safety issue or use comparable parts. These changes will not affect your use of the goods.
We may also undertake Minor Changes as we perform a service or repair, but we will always endeavour to seek your permission before we undertake anything more than a Minor Change.
6.2 More significant changes to the goods or services and these terms. In addition, if we have to make significant changes to these terms or the goods or services, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods or services paid for but not received.
7. PROVIDING THE GOODS
7.1 Delivery Cost The costs of delivery will be as displayed to you on our website or as told to you or displayed in-garage.
7.2 When we will provide the goods or services. During the order process we will let you know when we will provide the goods or services to you. If you are a business, time shall not be of the essence for any goods or service delivery:
(a) If you have purchased goods. We will deliver goods to you as soon as reasonably possible and in any event we will contact you with an estimated delivery date or to agree a delivery date, which will normally be within 2 weeks after the day on which we accept your order.
(b) If you have purchased one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If you have purchased ongoing services (for example, fleet maintenance). We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8. or we end the contract by written notice to you as described in Clause 10.
7.3 We are not responsible for delays outside our control. If our supply of the goods or services is delayed by an event outside our control (for example, a delayed part delivery) 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 goods you have paid for but not received.
7.4 Collection by you. If you have asked to collect goods from one of our garages, you can collect them at any time during our opening hours – see our contacts page for more details.
7.5 If you are not at the delivery address when the goods are delivered. If no one is available to take delivery and the goods cannot be posted through a letterbox, our delivery provider will leave you a note informing you of how to rearrange delivery or alternatively you may be able to arrange collection from one of our garages.
7.6 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot or a garage we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us to perform the services as arranged – for example by denying us access to your premises or vehicle location, or do not bring the vehicle as agreed to us – (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access we may end the contract and Clause 10.2 will apply.
7.8 When you become responsible for goods. It will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect it from us.
7.9 When you own goods You own a good once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods or services to you (for example, if we are ordering bespoke goods or we are adapting goods or providing services to your specification). If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of goods or services to you We may have to suspend the supply of a goods or service to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the goods or service as requested by you or notified by us to you (see Clause 6).
7.12 Your rights if we suspend the supply of goods or services. We will contact you in advance to tell you we will be suspending supply of the goods or service, unless the problem is urgent or an emergency. If we have to suspend the goods or service we will adjust the price so that you do not pay for goods or services while they are suspended. You may contact us to end the contract for a goods or service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the goods or services in respect of the period after you end the contract.
7.13 We may also suspend supply of the goods or services if you do not pay. If you do not pay us for the goods or services when you are supposed to (see Clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods or services. We will not suspend the goods or services where you dispute the unpaid invoice (see Clause 14.6). We will not charge you for the goods or services during the period for which they are suspended. As well as suspending the goods or services we can also charge you interest on your overdue payments (see Clause 14.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12 if you are a consumer and Clause 13. if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you are a consumer and have just changed your mind about a good or service, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) If you bought goods or a service in a garage, you may contact us to end your contract for goods or services at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so or you may not be entitled to a refund or a full refund (for example, if we have ordered bespoke goods, adapted goods or performed a specific service to your specification). Of course, you always have rights where a good is faulty or misdescribed (see Clause 8.1(a) above).
(e) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods or services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, for most goods or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by CCM to its UK customers, which may be more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods:
CCM Goodwill GUARANTEE
(a) Used automatic or manual gearboxes supplied and fitted as used parts are warranted for the parts cost only and such warranty is given by the supplier and not by CCM – as such any labour costs incurred to rectify issues caused by faulty parts shall be borne by the customer.
(b) Engines, gearboxes, transfer box, ECU or ABS which are repaired but not replaced have a restricted warranty applying only to those parts which have been replaced as part of the repair.
(c) Spare or replacement parts sold as used or second hand, or sourced by the customer, carry no warranty.
(d) Any other parts supplied by CCM carry the manufacturer's warranty only.
(e) Note that any unauthorised modifications to vehicles may render the CCM and supplier warranty invalid.
Subject to these terms, CCM shall accept no responsibility for any parts failure that was not apparent at the time of inspection by CCM (see also clause 19, CCM Warranty – Spare & Replacement Parts).
8.5 When consumers do not have the right to change their minds Your right as a consumer to change your mind does not apply in respect of:
(a) goods made or adapted to your specification; bespoke goods ordered, specific request for an on-site visit from CCM for carrying out urgent repairs or maintenance, or for repairs already begun;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed computer software, once these goods are unsealed after you receive them, or computer software downloaded onto your vehicle at your request; and
(e) any goods which become mixed inseparably with other items after their delivery.
8.6 How long do consumers have to change their minds? If you are a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered (subject to Clause 8.5):
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have begun to deliver or perform the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind, which may include a Mobility Charge.
(b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even Even if we are not at fault and you are not a consumer who has a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, contact us to let us know.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS
CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01483 278 166 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post Call customer services on 01483 278 166 or email us at firstname.lastname@example.org and request a form which we will send to you and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning goods after ending the contract If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at the appropriate depot from which goods were dispatched or to our head office address at CCM, Somersbury Lane, Ewhurst, Surrey GU6 7SR or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01483 278 166 or email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 Returning goods after ending the contract if you bought them at one of our garages. If you end the contract after goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9.4 When we will pay the costs of return We will pay the costs of return:
(a) if the goods are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or,
(c) if you are a consumer exercising your right to change your mind.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.6 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a garage. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where we are supplying a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind, or a Mobility Charge. The amount retained will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If you have purchased goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it We may end the contract for goods and services at any time by writing to you if:
(a) 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.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or services, for example, the delivery address, the make or type of vehicle, any bespoke specification or precise description of the fault.
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us, or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for goods or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the goods or service. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 14 days in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
11. IF THERE IS A PROBLEM WITH THE GOODS OR SERVICE
11.1 How to tell us about problems If you have any questions or complaints about the goods or services, please contact us. You can telephone our customer service team at 01483 278 166 or email us at firstname.lastname@example.org. Alternatively, please speak to one of our staff in our garages.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER
12.1 Summary of your legal rights If you are a consumer, we are under a legal duty to supply goods and services that are in conformity with this contract. Nothing in these terms will affect your statutory legal rights.
12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods 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. We will pay the costs of postage or collection. Please call customer services on 01483 278 166 or email us at email@example.com for a return label or to arrange collection.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS
13.1 Subject to clause 19, if you are a business customer we warrant that on delivery, and for a period of 6 months from the date of delivery – or the term of any applicable manufacturer’s warranty – (warranty period), any goods shall:
(a) conform with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a good does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such goods; and
(c) if we ask you to do so, you return such goods to us at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
13.3 We will not be liable for a goods’ failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such goods after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the goods without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions, or
(f) the goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a good’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement goods supplied by us under Clause 13.2.
13.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
14. PRICE AND PAYMENT
14.1 Where to find the price for the goods or service. The price of the goods or service (which includes VAT, if applicable) will be the price indicated or estimated on the order pages when you placed your order. However please note that jobs can grow as a result of diagnosed faults, resulting in additional charges, also see Clause 12.3 for what happens if we discover an error in the price of the goods or service you order. Note also that labour rates may vary between location to location.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods or service, we will adjust the rate of VAT that you pay, unless you have already paid for the goods or service in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods or services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. Note that as regards services, we will usually only ever give an estimated price to perform the work, which price will be based on the information provided to us before we commence the work – if new issues or undiagnosed faults arise or are discovered as the job progresses, this may likely result in additional cost implications, approval for which we will always endeavour to receive from you before undertaking any such work
14.4 When you must pay and how you must pay. We accept payment with debit or credit card, with cash and with most leading payment methods. In addition, payment may be made via trade account if previously applied for and accepted. When you must pay depends on what goods or services you are buying:
(a) You must pay for goods before we dispatch them or on collection.
(b) For services, we may require you to pay in full in advance or on collection of your vehicle.
(c) If you are a business customer, with a pre-approved trade account, we may invoice you in advance for the services until the services are completed. You must pay any invoice supplied in relation to the services within the period specified on the invoice.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% above the base lending rate of the Bank of England 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 any overdue amount.
14.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.7 What to do if you think an invoice is wrong If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.8 What if you don’t turn up for a scheduled appointment. We reserve the right to retain any fees paid in advance for a scheduled appointment that you fail to keep, and we are unable to fill, or if you fail to contact us to make alternative arrangements or properly cancel in accordance with these terms.
14.9 hat if we have to cancel an appointment. Should we need to cancel or amend an appointment for any reason beyond our control then we give you as much notice a we are reasonably able to re-arrange the next most convenient time for the appointment.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A
15.1 We are responsible to you for foreseeable loss and damage caused by us. If If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at Clause 12.1; and for defective goods under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. If we are providing services in or to your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property, or for previously undiagnosed faults or faults not expressly made known to us before we commenced the services, or that we discover while providing the services – in addition, you may be liable for any applicable Mobility Charge.
15.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage, as a result of a delivery issue with the digital content supplier, or which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in Clause 16.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.2 Subject to Clause 16.1 we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.3 Subject to Clause 16.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the goods paid (or for any service offerings, the fees paid in the previous 12 months).
16.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the goods or services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods or services are suitable for your specific purposes.>
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods or services to you;
(b) to process your payment for the goods or services; and
(c) if you actively consented to this during the order process, to give you information about goods or services that you have expressed a clear interest in, but you may stop receiving this information at any time by contacting us.
17.4 Additional terms and conditions may apply for prize competitions, online bidding, pre-release orders and our added value services and offers. If so, you will be alerted to them at the relevant order time.
18. COURTESY VEHICLES & PARKING CHARGES
18.1 Courtesy vehicle loans Customers may be offered a courtesy vehicle whilst their vehicle is with us for repair, customers are not entitled to a courtesy vehicle, courtesy vehicles are supplied subject to availability and at our sole the discretion.
18.2 Who is liable for damage caused to courtesy vehicles. Customers are liable for any and all damage caused to a courtesy vehicle whilst in their custody and until checked back in with an authorised CCM staff member. Any courtesy vehicle returned to one of our locations out of business hours will remain in the customer’s custody until properly checked in with an authorised CCM staff member.
18.3 Who can drive courtesy vehicles Courtesy vehicles must not be driven by anyone aged 23 or less or over 70, subject to our discretion and written consent. All customers taking a courtesy vehicle must hold a current valid driving licence appropriate for the vehicle they have been given and warrant that they will not let anyone else have custody or drive the vehicle without the express written consent of CCM.
18.4 Who is liable for fuel. Customers are liable for all fuel used in courtesy vehicles and must return the vehicle with the same or greater fuel level as when they were given the vehicle. Customers returning courtesy vehicles with less fuel than was in the vehicle than when they received it from CCM will be charged the cost of replacement fuel plus an administration fee of £25 + VAT for the time spent administering and replacing the fuel.
18.5 Charges for vehicle damage. Customer’s will be charged for all repairs for damage incurred by a courtesy vehicle while in their custody. Repairs will be charged at trade price plus 10% where such damage amounts to a total claim of less than £1,000 plus VAT. Where the total value of the repair is greater than £1,000 plus VAT the customer will be liable for the insurance excess at £500 per claim plus will be liable for any increased insurance premium added to our policies as a result of such damage or the customer’s negligence.
18.6 Cleaning of courtesy vehicles Courtesy cars returned in a dirty or inappropriate condition, as determined by CCM, will be cleaned by CCM staff and the customer will be charged at the standard CCM hourly labour rate at that time.
18. 7 Liability for parking or other charges incurred. Customers are liable for any parking or traffic convention fine or charge incurred during their period of custody of any courtesy vehicle. An administration fee of £25 + VAT will apply for each fine or charge incurred.
19. SPARE & USED PARTS & COMPONENTS
19.1 What happens if a used part supplied by us is faulty. We shall have no liability for any parts supplied by the customer or which are sourced on request from auction or online marketplaces. Where any other used parts are supplied and fitted by us those used parts are warranted for the parts cost only and such warranty is given by the parts supplier and not by CCM. As such any labour costs incurred to rectify issues caused by faulty parts, whether supplied by CCM or the customer, must be borne by the customer.
19.2 What happens if incorrect parts are supplied Where parts are supplied new by a supplier to CCM those parts are warranted by the supplier, however customer must be aware that if a warranty claim is made the supplier may not cover the full cost of repair, in such instances the customer will be liable for any short fall between the monies paid via the supplier warranty and the CCM invoice cost for the works conducted to rectify any issue.
19.3 After-market warranties. Where a vehicle is presented with a fault that is perceived by the customer to be covered by an after-market warranty, but the warranty is not honoured by the warranty company, then the customer shall be liable for all costs incurred in diagnosis and/or repair of the vehicle. Where a vehicle is presented with a fault which is perceived by the customer to be covered by an aftermarket warranty and is subsequently agreed as a warranty repair by the warranty company there may be a difference between the monies offered by the warranty company and the full cost of the diagnosis / repair by CCM. In such a situation, the customer shall be liable for the difference between the warranty contribution and the cost of the diagnosis / repair.
19.4 Who pays for vehicles diagnosis/ repairs. The customer is responsible for full payment of a CCM invoice at the time of vehicle collection and the customer must itself reclaim any warranty contribution direct from the warranty company.
19.5 Clutch replacement. Following a clutch replacement we recommend a bedding-in period of 5OO miles. During this period, you should release the clutch gently. You will find that the 'biting point' and the pressure of the clutch pedal has changed and can be 'fierce' as it is engaged. Whilst all efforts are made to identify potential issues at the time of replacement not all issues may be apparent at the time of repair.
19.6 Brake replacement. Following a brake replacement we recommend a bedding-In period of 250 miles. During this period, you should brake gently and leave a greater braking distance as heavy braking may cause damage to the friction linings, causing the brakes to squeal. You may also find that your brake pedal will feel soft and spongy but will soon return to normal. If you have had your brake shoes replaced or your handbrake repaired, your brake shoes may need time to bed into their normal operating position. In this case, we recommend that you return after 250 miles to have your handbrake checked and re-adjusted if necessary.
19.7 Gearbox replacement. Following a gearbox replacement, it is usual to find that selection of gears is tighter due to the new components installed. We, recommend that after a bedding in period of 500 miles your vehicle is returned to be checked.
19.8 General parts replacement. Following any parts replacement, if you should find any issue with your vehicle as a result of services performed please contact CCM immediately. If any issue is apparent you must return your vehicle immediately to us for rectification. If your vehicle is not returned to us within a reasonable time we cannot be liable for any expenses or costs incurred by you. For warranty repairs we may supply you with a courtesy vehicle, solely at our own discretion, and subject to insurance acceptance.
19.9 Aluminium wheel rim repairs Aluminium wheel rims are not guaranteed to not crack following repair. Due to the construction of modern tyres, road impact may cause cracks to aluminium wheel rims along previously welded joints. Such damage will not be repaired by CCM free of charge.
19.10 Repairs not undertaken by CCM. Any vehicles taken by the customer or repaired by another garage without the prior written consent, not to be unreasonably refused, of CCM will be out of CCM’s control and we cannot be liable for any subsequent or additional costs incurred.
20. SCOPE OF WORKS & DIAGNOSTIC LIMITS
20.1 Scope of work limits Where CCM is instructed to conduct a specific repair or replacement on a vehicle we cannot be liable for a failure to notify any other faults.
20.2 Best practice and reasonable awareness. CCM cannot be held liable for loss or damage arising from undiagnosed faults where a full service or repair has been proposed but not authorised by the customer, or for works performed specifically to a customer’s express request, or in the absence of specialist vehicle knowledge not made known to us at the time of order.
20.3 Self diagnostics. Where customers have conducted their own diagnostics and have requested that CCM conduct a specific repair or replacement on a vehicle as a result of this self-diagnosis we will not be liable for the outcome of this repair where the requested work has not resolved the customer’s issue. Where a customer has conducted self-diagnostics and requested us to repair a particular part we reserve the right to conduct our own diagnostics which will be chargeable to the customer or to charge a Mobility Charge.
20.4 Uneconomical repairs Where CCM is instructed to carry out diagnostic work or other work that requires stripping a vehicle we will notify the customer of our findings at the end of that appraisal. If the customer decides not to go ahead with the diagnosed repairs or works then we shall be entitled to charge a Mobility Charge or charge for any works required to put the vehicle back together.
20.5 Modern components and additional work requirements. Vehicles are increasing complicated in all areas, with the various component systems becoming more reliant on one another. Such a scenario increases the potential for a requirement for additional work or replacement parts as a repair, for example, progresses. CCM cannot be liable for additional time costs or parts required regardless of initial diagnosis and or price estimate. Every effort is made to liaise with customers throughout works, but where works done to remedy one fault lead to the discovery of further or additional issues and where an estimate is given for the works, that estimate is only valid for repairs previously known to us or known at that stage of the process. Where extra works are required or performed these will be detailed and may result in additional costs for which the customer shall be liable.
20.6 Abandoned vehicles. From time to time vehicles are presented for repair the cost of which may exceed the value of the vehicle. If a customer does not wish to authorise full repair, any invoice for works carried out remains unpaid for 28 days, and the vehicle is on our premises, then we reserve the right to seek to recover our fees including by way of a lien over the vehicle and to market the vehicle for auction without reserve.
20.7 Electrical and electronic diagnosis. With electrical and electronic diagnosis it may not be cost-effective to prove beyond 90% certainty what the cause of a particularly fault may be. This is due to the number of variables and the limit of information available (whilst CCM can access the relevant diagnostic information and data, manufactures may not make public the actual parameters a vehicle operates under). As such, CCM cannot be held liable for additional time or costs incurred in tracing and repairing faults of this nature. Every effort is made to liaise with customers throughout works but where extra works are required or performed these will be detailed and may result in additional costs for which the customer shall be liable.
20.8 Additional work and sub-contracted work Sometimes it is necessary to sub-contract out specific works, in which case the customer may be required to enter into a direct contractual relationship with the sub-contractor. In such an instance, CCM will not be a party to the contract and cannot be liable for any issues arising from the sub-contractor’s performance. If the customer chooses not to proceed with the sub-contracted work then CCM retains the right to terminate the contract with the customer who shall be liable for all works performed by CCM to date.
21. WARRANTIES & VALIDITY
21.1 How to claim under a CCM warranty In the event of a component failure during a Warranty Period;
(a) You must immediately inform CCM if we carried out the original replacement, and (b) You must return the vehicle to CCM for inspection / repair within 5 business days.
21.1 What may void a warranty Any warranty offered by CCM or a parts supplier may become void If:
a) A component is misused or tampered with.
b) (Clutches only) Clutch adjustments are not carried out by CCM as directed at the relevant mileage points – please present your invoice when returning your vehicle for each adjustment.
c) (Gearboxes only) A gearbox has been used with the incorrect grade or level of oil / lubricant.
d) A component failure is caused by other faulty parts (e.g. hydraulics, clutch forks, clutch or brake cables) which were not apparent at the time of the component replacement.
e) A component failure is caused by other faulty parts reported on your invoice or diagnosis but which were not rectified.
f) Failure as a result of undue wear and tear.
g) You do not produce your invoice when making a claim under a warranty, or
(h) You do not inform us of a fault immediately on discovery or you do not return the vehicle to us for inspection/ repair within the stated period.
21.2 Warranty extensions. If CCM repair or exchange a component under a warranty the original warranty period shall not be extended.
21.3 Statutory rights If you are a consumer a CCM warranty does not affect your statutory rights.
22. OTHER IMPORTANT TERMS
22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
22.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at Clause 8.4 to a person who has acquired the goods or services, or any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
22.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 If a court finds any part of this contract invalid, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are invalid or unlawful, the remaining paragraphs will remain in full force and effect.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
22.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
22.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
22.8 Linking from our websites. These terms cover Spinroute Ltd Trading as CCM, cayennepropshaft.co.uk or other website that brought you to these Terms and sales and information provided via www.ccmhelp.co.uk. Any other websites which are linked to or from these websites may be governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites, which are not under our control.