Terms And Conditions

Kirkham Motor Company Ltd

 


 

What is this Privacy Policy for?

This privacy policy is for this website www.kmco.co.uk and served by Kirkham Motor Company Ltd and governs the privacy of its users who choose to use it.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

 

The Website

This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.

 

Use of Cookies

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html ].

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

 

Contact & Communication

Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.

This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

 

Email Newsletter

This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].

This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

 

External Links

Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites)

The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

 

Adverts and Sponsored Links

This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.

Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

 

Social Media Platforms

Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

 

Shortened Links in Social Media

This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).

Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

 

STANDARD TERMS AND CONDITIONS

1. DEFINITIONS

In this document the following words shall have the following meanings:

1.1 “Agreement” means these Terms and Conditions;

1.2 “Premises” means Unit 3,12 High Pavement, Lace Market, Nottingham, NG1 1HN and any other premises that may be occupied by Kirkham Motor company Ltd from time to time to perform services (defined below);

1.3 “Services” means the vehicle service(s) selected by you and those offered by us from time to time;

1.4 “Vehicle” means any car, motorcycle or any other form of transport accepted by us;

1.5 “We”, “us” or “Supplier” means Kirkham Motor Company Limited;

1.6 “You”, “your” or “Customer” means the customer we make this agreement with, including any persons we reasonably believe is acting on behalf of the Customer and the with the Customer’s authority and knowledge.

2. GENERAL

2.1 This Agreement shall apply to all contracts for the supply of services by the Supplier to the Customer.

2.2. Before commencement of the Services the Customer and the Supplier shall agree the

Services to be carried out on the Customer’s vehicle and the price payable for agreed Services.

2.3 The Supplier shall use all reasonable endeavours to complete the Services within estimated time frames.

3. PRICE AND PAYMENT

3.1 The price for the Services must be agreed by the Supplier prior to the Supplier taking possession of the Customer’s Vehicle. By leaving your Vehicle with the Supplier, you

have entered into a verbal agreement with the Supplier for the Service at the agreed price.

Your Vehicle will be assessed by a member of staff or a partner representative upon taking possession and if it is not as previously described or additional Services are requested by the Customer, the Customer may be subject to an increase in price for the Services.

3.2 The Supplier shall invoice the Customer following completion of the work.

3.3 Invoiced amounts shall be due and payable within 7 days of completion of the

work. Non-payment will result in refusal to release your Vehicle and additional charges for storage at a daily rate of £50 exclusive of VAT per day shall apply to any Vehicles that you fail to collect within the required time frame.

4. CANCELLATIONS

The Customer agrees to use its best endeavours to give the Supplier twenty four (24)hours notice should the Customer wish to cancel its appointment with the Supplier.

5. DELIVERY

5.1 The date of delivery specified by the Supplier is an estimate only and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Services.

5.2 Responsibility of the Vehicle will pass to the Customer upon delivery.

6. VEHICLE CONTENTS

The Supplier shall not be held responsible for any personal items left in the Customer’s Vehicle. The Supplier will endeavour to bag any such items that are left in such Vehicle, but we respectfully ask that you remove such items prior to leaving your Vehicle with us.

7. OBLIGATIONS OF THE CUSTOMER

7.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:

7.1.1 co-operate with the Supplier;

7.1.2 provide the Supplier with any information reasonably required by the Supplier;

7.2.3 obtain all necessary permissions and consents which may be required before the commencement of the Services

7.2.4 comply with such other requirements as agreed between the parties.

7.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.

7.3 Without prejudice to any other rights to which the Supplier may be entitled, in the

event that the Customer unlawfully terminates or cancels the Services agreed to, the Customer shall be required to pay to the Supplier as agreed damages and the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than give (5) working days’ notice, the full amount of the Services agreed to. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the Services and subject to the payment of damages set out in this Clause 7.3.

7.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:

7.4.1 the Supplier shall have no liability in respect of any delay to the completion of the work;

7.4.2 if applicable, the timetable for the work will be modified accordingly; and

7.4.3 the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.

7.5 It is this Customer’s duty to disclose to the Supplier any defects, damage or weakness in

the Customer’s Vehicle, either known or suspected which may affect any work that the Supplier undertakes during the carrying out of agreed Service(s).

7.6 Insurance of the Customer’s Vehicle is the Customer’s responsibility at all times. The

Supplier does not undertake to insure such Vehicle against loss or damage whilst it is at

the Premises. The Supplier will however ensure that the Vehicle is locked at all times.

8. KEYS

You confirm that you have a spare set of keys for your Vehicle and that we shall not be liable for loss or damage caused to you or your Vehicle as a result of us locking them in your

Vehicle.

9. REFUSAL

The Supplier reserves the right to refuse to undertake the Service(s) on a Vehicle and no further contracts will be undertaken for the Customer concerned.

10. WARRANTY

10.1 The Supplier warrants that the Services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

10.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by the Supplier.

11. INDEMNIFICATION

The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement.

12. LIMITATION OF LIABILITY

12.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.

12.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of

opportunity or loss of profits or for any other indirect or consequential loss or damage

whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

12.3 For the avoidance of doubt, the Supplier shall not be held liable for the following:

12.3.1 Damage or loss to the Customer’s Vehicle resulting from acts of third parties who are neither employees or persons acting under the instruction of the management of the Supplier;

12.3.2 Damage or loss to the Customer’s Vehicle if such Vehicle is left outside our premises before or after our usual opening hours;

12.3.3 Loss or damage to the Customer or the Customer’s Vehicle caused by us which is attributed to defects, damage or weakness in the Customer’s Vehicle which has not been disclosed to the Supplier, irrespective of whether such defects were previously known to the Customer;

12.4 Nothing in this Agreement shall exclude or limit the Supplier’s liability for death or

personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

13. TERMINATION

13.1 Either party may terminate this Agreement forthwith by notice to the other party if:

13.1.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;

13.1.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;

13.1.3 the other party passes a resolution for winding up, or a court of competent jurisdiction makes an order to that effect;

13.1.4 the other party ceases to carry on its business or substantially the whole of its business; or

13.1.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.2 The Supplier may terminate this Agreement at any time by providing 48 hours notice (oral or written) to the Customer.

14. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment

or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

15. INDEPENDENT CONTRACTORS

The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the Services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this

Agreement.

16. ASSIGNMENT

The Customer shall not be entitled to assign its rights or obligations or delegate its duties

under this Agreement without the prior written consent of the Supplier.

17. SEVERABILITY

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

18. NOTICES

Any notice to be given by either party to the other may be served orally or by email or post

to the address of the other party as set out on the Customer’s invoice or such other address

as such party may from time to time have communicated to the other in writing, and if

sent by email shall unless the contrary is proved be deemed to be received on the day it

was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission

report, if given by letter shall be deemed to have been served at the time at which the

letter was delivered personally or if sent by post shall be deemed to have been delivered

in the ordinary course of post.

19. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

20. NO THIRD PARTIES

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

21. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.