premium protection plan (2).pdf · intermediate shaft (ims), rear main oil seal (rms), brakes,...
TRANSCRIPT
P R E M I U M P R O T E C T I O N P L A N
Unit 1, Prince of Wales Business Park, Birds Royd Lane, Brighouse, HD6 1LQ
t: 01484 717 [email protected]
C O N T E N T S
Introduction
Intelligent cover
Reap the benefits
Straight and true
Terms and Conditions
Service Interval
Notes
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I N T R O D U C T I O N
Congratulations! Your Porsche is now shielded with a Premium Protection Plan from Revolution.
Respected, renowned and independent, Revolution Porsche, specialise in looking after Porsche cars of any age and model across the UK.
Unlike most after-market Porsche warranties that reject many claims as ‘wear and tear’, your Revolution Porsche Premium Protection Plan gives you real peace of mind. No need to worry about large repair and servicing bills: your Revolution Premium Protection Plan has the labour covered for critical ‘wear and tear’ items such as the intermediate shaft (IMS), rear main oil seal (RMS), brakes, clutches and suspension faults.
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I N T E L L I G E N T C O V E R
The Revolution Porsche Warranty and Protection cover period entitles you to practical and valuable protection against rising motoring costs and unexpected outlay.
What does the Revolution Premium Protection Plan cover?
• Your annual MOT costs.
• Any labour costs related to repairs undertaken during the cover period (only payment for actual parts required).
• All labour, parts and materials required for all servicing including air, oil and fuel filters, spark plugs, drive belts, fluids plus more. (Only faulty parts will be chargeable)
• Gas required for a repair of the air conditioning.
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T E R M S & C O N D I T I O N Sconstitute acceptance of the terms and conditions
contained herein.
2.2 Upon acceptance of these terms and conditions by
the Owner the terms and conditions are irrevocable and
can only be amended with the written consent of the
Company.
3. Price And Payment
3.1 At the Company’s sole discretion the Price shall be
either:
(a) as indicated on invoices provided by the Company
to the Owner in respect of Works supplied; and / or
(b) the Company’s current Price, according to the
Company’s current Price list.
3.2 Time for payment for the Works shall be of the
essence and will be due to be paid quarterly in
advance on the first (1st) of the month for the following
three (3) months.
3.3 An initial inspection fee shall be charged by the
Company to the Owner,
3.4 Payment will be made by cash, or by cheque, or by
credit card, (plus a surcharge of 2% of the Price), or by
debit card, or by direct bank credit (BACS), or by any
other method as agreed to between the Owner and the
Company.
3.5 VAT and other taxes and duties that may be
applicable shall be added to the Price except when
they are expressly included in the Price.
1. Definitions
1.1 “Company” shall mean Revolution Porsche
Specialists Limited its successors and assigns or any
person acting on behalf of and with the authority of
Revolution Porsche Specialists Limited.
1.2 “Owner” shall mean the person or entity described as
such on the invoices, application for credit, quotation,
work authorisation or any other forms to which these
terms and conditions apply, and shall include any person
acting on behalf of and with the authority of such person
or entity.
1.3 “Works” shall mean Works supplied by the Company
to the Owner (and where the context so permits shall
include any supply of Parts as hereinafter defined) and
are as described on the invoices, quotation, work
authorisation or any other forms as provided by the
Company to the Owner.
1.4 “Parts” shall mean Parts supplied by the Company to
the Owner either separately, or as part of the Works.
1.5 “Vehicle” shall mean the Owner’s vehicle bearing the
VIN as provided by the Owner to the Company.
1.6 “Price” shall mean the cost of the Works as agreed
between the Company and the Owner subject to clause
3 of this contract.
2. Acceptance
2.1 Any instructions received by the Company from the
Owner for the supply of Works and/or the Owner’s
acceptance of Works supplied by the Company shall
under this agreement:
(a) water ingress and associated damage; and
(b) any repairs to the Vehicle required due to misuse,
over-revving, corrosion, competitive motor sport,
competition, track use, racing or use with dynamometer,
rolling road or testing; and
(c) upgrade or performance parts fitted by any supplier
other than the Company (unless specifically approved
by the Company in writing and in advance); and
(d) repairs required due to incorrect battery charging or
connection; and
(e) any recovery costs for the Vehicle or other personal
costs incurred during repairs; and
(f) anything deemed by the Company to be
inappropriate for the Vehicle; and
(g) tyre wear and tear and replacement; and
(h) any accident damage; and
(i) windscreen repair or replacement.
4.8 The Vehicle must be serviced by the Company in
accordance with the manufacturer’s specification.
4.9 In the event of the Vehicle exceeding its maximum
annual mileage allowance (as advised by the Company),
then the Owner (at the discretion of the Company) shall be
liable for an increase in the monthly fee.
4.10 It is the Owner’s responsibility to ensure all routine
services are carried out within the manufacturer’s
guidelines. In the event of any routine services being
4. Owner Responsibilities and Delivery Of Works
4.1 At the commencement of this agreement, the
Company shall carry out an inspection of the vehicle.
4.2 The Company shall carry out for the duration of the
agreement (subject to the terms and conditions
contained herein):
(a) Mechanical Breakdown repairs (as defined at the sole
discretion of the Company as the failure of a Part of the
Vehicle (subject to its age and mileage) prior to its next
scheduled service or the end of the period of this
agreement, causing, or likely to cause, a sudden
stoppage of its function for reason other than
negligence); and
(b) routine servicing of the Vehicle for the duration of the
contract.
4.3 The costs of in-house labour for such Works as
identified in clause 4.2 shall be borne by the Company.
Labour for work that has to be outsourced due to its
specialist nature will be chargeable at a rate agreed
prior to work commencing.
4.4 The Owner shall be responsible for the Price of any
Parts associated with any Mechanical Breakdown repairs.
4.5 The cost of consumables (oils, oil filters, spark plugs,
air filters, pollen filters, fuel filters, drive belts, brake fluids,
washer fluids and antifreeze) required during a routine
service shall be borne by the Company. The cost of any
other Parts required shall be payable by the Owner.
4.6 The costs for an MOT test shall be borne by the
Company however any costs necessary (except
in-house labour) for the Vehicle to pass an MOT test shall
be payable by the Owner.
4.7 Costs associated with the following is not covered
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authorised unless caused by the negligence of the
Company or the Company’s employees.
5.3 It is the Owner’s responsibility to ensure that the
Vehicle is insured against all possible damage (including,
but not limited to, the perils of accident, fire, theft and
burglary and all other usual risks) whilst stored on the
Company’s premises. The Vehicle is at all times stored
and repaired at the Owner’s sole risk.
5.4 The Owner agrees that any repair work carried out on
the Vehicle and/or the storage of the Vehicle at the
Company’s premises is done so at the Owner’s own risk
and releases to the full extent permitted by law the
Company, its employees and agents from all claims
and demands of any kind and from all liability which
may arise in respect of any accident, damage or injury
occurring to any person or property arising out of the
storage and/or repair of the Vehicle.
6. Title
6.1 It is the intention of the Company and agreed by the
Owner that ownership of the Parts shall not pass until:
(a) the Owner has paid all amounts owing for the
particular Works; and
(b) the Owner has met all other obligations due by the
Owner to the Company in respect of all contracts
between the Company and the Owner.
6.2 It is further agreed that:
(a) until such time as ownership of the Parts shall pass
from the Company to the Owner the Company may
late, the Company reserves the right to increase the
monthly fee.
4.11 Where any repairs, modifications, routine services or
other works are carried out by a supplier other than the
Company, then (at the Company’s sole discretion) the
Vehicle shall require a re-inspection (at the cost of the
Owner).
4.12 Delivery of the Works shall take place when the
Company provides the Works at the Company’s address.
4.13 The Owner shall make all arrangements necessary
to ensure the Vehicle is at the Company’s address at the
arranged time for the Works to be provided. In the event
that the Owner is unable have the Vehicle at the
Company’s address at the arranged time, then the
Company shall be entitled to charge a reasonable fee
for rearrangement.
4.14 The failure of the Company to deliver shall not
entitle either party to treat this contract as repudiated.
4.15 The Company shall not be liable for any loss or
damage whatever due to failure by the Company to
deliver the Works (or any of them) promptly or at all.
5. Risk
5.1 If the Company retains ownership of the Parts
nonetheless, all risk for the Parts passes to the Owner on
delivery.
5.2 The Company shall not be liable for the loss of or
damage to the Vehicle, its accessories or contents while
garaged or being driven in connection with the work
workmanship of the Company becomes apparent and
is reported to the Company within twelve (12) months of
the date of delivery (time being of the essence) then the
Company will either (at the Company’s sole discretion)
repair the defect or remedy the workmanship.
9.2 The conditions applicable to the warranty given by
Clause 9.1 are:
(a) The warranty shall not cover any defect or damage
which may be caused or partly caused by or arise
through:
(i) Failure on the part of the Owner to properly maintain
any Parts; or
(ii) Failure on the part of the Owner to follow any
instructions or guidelines provided by the Company; or
(iii) Any use of any Parts otherwise than for any
application specified on a quote or order form; or
(iv) The continued use of any Parts after any defect
becomes apparent or would have become apparent to
a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Company shall
thereafter in no circumstances be liable under the terms
of the warranty if the workmanship is repaired, altered or
overhauled without the Company’s consent.
(c) In respect of all claims the Company shall not be
liable to compensate the Owner for any delay in either
replacing or repairing the workmanship/Parts or in
properly assessing the Owner’s claim.
give notice in writing to the Owner to return the Parts or
any of them to the Company. Upon such notice the
rights of the Owner to obtain ownership or any other
interest in the Parts shall cease; and
(b) if the Owner fails to return the Parts to the Company
then the Company or the Company’s agent may enter
upon and into land and premises owned, occupied or
used by the Owner, or any premises as the invitee of the
Owner, where the Parts are situated and take possession
of the Parts.
7. Loan Car
7.1 In the event the Vehicle suffers a Mechanical
Breakdown and has not been repaired within 24 hours of
its delivery to the Company, the Owner shall be entitled
to request the use of a complimentary loan car subject
to availability. The Owner shall be responsible for the cost
of fuel and for their own comprehensive insurance cover.
8. Returns
8.1 The Company may (at its discretion) accept the
return of non-defective Parts for credit or refund but this
may incur a handling fee of 20% of the value of the
returned Parts plus any freight.
9. Warranty
9.1 Subject to the conditions of warranty set out in Clause
9.2 the Company warrants that if any defect in any
Company shall not be liable for any loss or damage
whatever arising from such cancellation.
11.2 The Owner agrees to provide three (3) months
written notice to the Company to cancel provision of the
Works. The Owner shall be liable for any loss incurred by
the Company (including, but not limited to, any loss of
profits) up to the time of cancellation.
11.3 This agreement shall be terminated with no refund
to the Owner in the event:
(a) the sale of the Vehicle to a motor trader or dealer; or
(b) the Vehicle being used for hire or rewards; or
(c) the Owner making any false or dishonest claim in
respect of the Vehicle or being unreasonable,
threatening or taking any action against the Company
that adversely affects the ability of the Company to fulfil
its obligations under the agreement; or
(d) the Vehicle failing to remain taxed and roadworthy for
use on the public highway; or
(e) the Vehicle having its odometer altered,
disconnected or tampered with or the Company having
reasonable suspicion that the Vehicle’s odometer has
been altered, disconnected or tampered with.
11.4 The agreement may be transferred with the Vehicle
for any unexpired period of the pre-paid quarter
remaining, providing the Vehicle does not pass through
a motor trader or dealer at any time and subject to a
£35 (plus VAT) administration fee.
9.3 For Parts not manufactured by the Company, the
warranty shall be the current warranty provided by the
manufacturer of the Parts. Whilst the Company shall
honour such warranty the Company shall not be bound
by nor responsible for any term, condition, representation
or warranty other than that which is given by the
manufacturer of the Parts.
10. Default & Consequences of Default
10.1 If the Owner defaults in payment of any invoice
when due, the Owner shall indemnify the Company from
and against all costs and disbursements incurred by the
Company in pursuing the debt including legal costs on a
solicitor and own client basis and the Company’s
collection agency costs.
10.2 Without prejudice to any other remedies the
Company may have, if at any time the Owner is in
breach of any obligation (including those relating to
payment), the Company may suspend or terminate the
supply of Works to the Owner and any of its other
obligations under the terms and conditions. The
Company will not be liable to the Owner for any loss or
damage the Owner suffers because the Company
exercised its rights under this clause.
11. Cancellation, Termination and Vehicle Transfer
11.1 The Company may cancel these terms and
conditions or cancel the provision of Works at any time
before the Works are provided by giving written notice.
On giving such notice the Company shall repay to the
Owner any sums paid in respect of the Price. The
13.2 These terms and conditions and any contract to
which they apply shall be governed by the laws of
England and Wales and are subject to the jurisdiction of
the courts of England and Wales.
13.3 The Company shall be under no liability whatever to
the Owner for any indirect loss and/or expense (including
loss of profit or goodwill) suffered by the Owner or any
third party arising out of a breach by the Company of
these terms and conditions.
13.4 In the event of any breach of this contract by the
Company the remedies of the Owner shall be limited to
damages and the Company’s liability (if any) whether in
contract, tort or otherwise in respect of any defect in the
Parts, or for any breach of these terms and conditions, or
of any duty owed to the Owner in connection with them
shall be limited to the amount of the Price.
13.5 The Company may license or sub-contract all or
any part of its rights and obligations without the Owner’s
consent.
13.6 The Company reserves the right to review these
terms and conditions at any time. If, following any such
review, there is to be any change to these terms and
conditions, then that change will take effect from the
date on which the Company notifies the Owner of such
change. Except where the Company supplies further
Works to the Owner and the Owner accepts such Works,
the Owner shall be under no obligation to accept such
changes.
13.7 Neither party shall be liable for any default due to
any act of God, war, terrorism, strike, lock out, industrial
action, fire, flood, drought, storm or other event beyond
the reasonable control of either party.
12. Data Protection Act 1998
12.1 The Owner and the Guarantor/s (if separate to the
Owner) authorises the Company to:
(a) collect, retain and use any information about the
Owner, for the purpose of assessing the Owner’s
creditworthiness or marketing products and services to
the Owner; and
(b) to disclose information about the Owner, whether
collected by the Company from the Owner directly or
obtained by the Company from any other source, to any
other credit provider or any credit reporting agency for
the purposes of providing or obtaining a credit reference,
debt collection or of listing a default by the Owner on
publicly accessible credit reporting databases.
12.2 Where the Owner is an individual the authorities
under (clause 12.1) are authorities or consents for the
purposes of the Data Protection Act 1998.
12.3 The Owner shall have the right to request the
Company for a copy of the information about the Owner
retained by the Company and the right to request the
Company to correct any incorrect information about the
Owner held by the Company.
13. General
13.1 If any provision of these terms and conditions shall
be invalid, void, illegal or unenforceable the validity,
existence, legality and enforceability of the remaining
provisions shall not be affected, prejudiced or impaired.
constitute acceptance of the terms and conditions
contained herein.
2.2 Upon acceptance of these terms and conditions by
the Owner the terms and conditions are irrevocable and
can only be amended with the written consent of the
Company.
3. Price And Payment
3.1 At the Company’s sole discretion the Price shall be
either:
(a) as indicated on invoices provided by the Company
to the Owner in respect of Works supplied; and / or
(b) the Company’s current Price, according to the
Company’s current Price list.
3.2 Time for payment for the Works shall be of the
essence and will be due to be paid quarterly in
advance on the first (1st) of the month for the following
three (3) months.
3.3 An initial inspection fee shall be charged by the
Company to the Owner,
3.4 Payment will be made by cash, or by cheque, or by
credit card, (plus a surcharge of 2% of the Price), or by
debit card, or by direct bank credit (BACS), or by any
other method as agreed to between the Owner and the
Company.
3.5 VAT and other taxes and duties that may be
applicable shall be added to the Price except when
they are expressly included in the Price.
1. Definitions
1.1 “Company” shall mean Revolution Porsche
Specialists Limited its successors and assigns or any
person acting on behalf of and with the authority of
Revolution Porsche Specialists Limited.
1.2 “Owner” shall mean the person or entity described as
such on the invoices, application for credit, quotation,
work authorisation or any other forms to which these
terms and conditions apply, and shall include any person
acting on behalf of and with the authority of such person
or entity.
1.3 “Works” shall mean Works supplied by the Company
to the Owner (and where the context so permits shall
include any supply of Parts as hereinafter defined) and
are as described on the invoices, quotation, work
authorisation or any other forms as provided by the
Company to the Owner.
1.4 “Parts” shall mean Parts supplied by the Company to
the Owner either separately, or as part of the Works.
1.5 “Vehicle” shall mean the Owner’s vehicle bearing the
VIN as provided by the Owner to the Company.
1.6 “Price” shall mean the cost of the Works as agreed
between the Company and the Owner subject to clause
3 of this contract.
2. Acceptance
2.1 Any instructions received by the Company from the
Owner for the supply of Works and/or the Owner’s
acceptance of Works supplied by the Company shall
under this agreement:
(a) water ingress and associated damage; and
(b) any repairs to the Vehicle required due to misuse,
over-revving, corrosion, competitive motor sport,
competition, track use, racing or use with dynamometer,
rolling road or testing; and
(c) upgrade or performance parts fitted by any supplier
other than the Company (unless specifically approved
by the Company in writing and in advance); and
(d) repairs required due to incorrect battery charging or
connection; and
(e) any recovery costs for the Vehicle or other personal
costs incurred during repairs; and
(f) anything deemed by the Company to be
inappropriate for the Vehicle; and
(g) tyre wear and tear and replacement; and
(h) any accident damage; and
(i) windscreen repair or replacement.
4.8 The Vehicle must be serviced by the Company in
accordance with the manufacturer’s specification.
4.9 In the event of the Vehicle exceeding its maximum
annual mileage allowance (as advised by the Company),
then the Owner (at the discretion of the Company) shall be
liable for an increase in the monthly fee.
4.10 It is the Owner’s responsibility to ensure all routine
services are carried out within the manufacturer’s
guidelines. In the event of any routine services being
4. Owner Responsibilities and Delivery Of Works
4.1 At the commencement of this agreement, the
Company shall carry out an inspection of the vehicle.
4.2 The Company shall carry out for the duration of the
agreement (subject to the terms and conditions
contained herein):
(a) Mechanical Breakdown repairs (as defined at the sole
discretion of the Company as the failure of a Part of the
Vehicle (subject to its age and mileage) prior to its next
scheduled service or the end of the period of this
agreement, causing, or likely to cause, a sudden
stoppage of its function for reason other than
negligence); and
(b) routine servicing of the Vehicle for the duration of the
contract.
4.3 The costs of in-house labour for such Works as
identified in clause 4.2 shall be borne by the Company.
4.4 The Owner shall be responsible for the Price of any
Parts associated with any Mechanical Breakdown repairs.
4.5 The cost of consumables (oils, oil filters, spark plugs,
air filters, pollen filters, fuel filters, drive belts, brake fluids,
washer fluids and antifreeze) required during a routine
service shall be borne by the Company. The cost of any
other Parts required shall be payable by the Owner.
4.6 The costs for an MOT test shall be borne by the
Company however any costs necessary (except
in-house labour) for the Vehicle to pass an MOT test shall
be payable by the Owner.
4.7 Costs associated with the following is not covered
T E R M S & C O N D I T I O N S c o n t .authorised unless caused by the negligence of the
Company or the Company’s employees.
5.3 It is the Owner’s responsibility to ensure that the
Vehicle is insured against all possible damage (including,
but not limited to, the perils of accident, fire, theft and
burglary and all other usual risks) whilst stored on the
Company’s premises. The Vehicle is at all times stored
and repaired at the Owner’s sole risk.
5.4 The Owner agrees that any repair work carried out on
the Vehicle and/or the storage of the Vehicle at the
Company’s premises is done so at the Owner’s own risk
and releases to the full extent permitted by law the
Company, its employees and agents from all claims
and demands of any kind and from all liability which
may arise in respect of any accident, damage or injury
occurring to any person or property arising out of the
storage and/or repair of the Vehicle.
6. Title
6.1 It is the intention of the Company and agreed by the
Owner that ownership of the Parts shall not pass until:
(a) the Owner has paid all amounts owing for the
particular Works; and
(b) the Owner has met all other obligations due by the
Owner to the Company in respect of all contracts
between the Company and the Owner.
6.2 It is further agreed that:
(a) until such time as ownership of the Parts shall pass
from the Company to the Owner the Company may
late, the Company reserves the right to increase the
monthly fee.
4.11 Where any repairs, modifications, routine services or
other works are carried out by a supplier other than the
Company, then (at the Company’s sole discretion) the
Vehicle shall require a re-inspection (at the cost of the
Owner).
4.12 Delivery of the Works shall take place when the
Company provides the Works at the Company’s address.
4.13 The Owner shall make all arrangements necessary
to ensure the Vehicle is at the Company’s address at the
arranged time for the Works to be provided. In the event
that the Owner is unable have the Vehicle at the
Company’s address at the arranged time, then the
Company shall be entitled to charge a reasonable fee
for rearrangement.
4.14 The failure of the Company to deliver shall not
entitle either party to treat this contract as repudiated.
4.15 The Company shall not be liable for any loss or
damage whatever due to failure by the Company to
deliver the Works (or any of them) promptly or at all.
5. Risk
5.1 If the Company retains ownership of the Parts
nonetheless, all risk for the Parts passes to the Owner on
delivery.
5.2 The Company shall not be liable for the loss of or
damage to the Vehicle, its accessories or contents while
garaged or being driven in connection with the work
workmanship of the Company becomes apparent and
is reported to the Company within twelve (12) months of
the date of delivery (time being of the essence) then the
Company will either (at the Company’s sole discretion)
repair the defect or remedy the workmanship.
9.2 The conditions applicable to the warranty given by
Clause 9.1 are:
(a) The warranty shall not cover any defect or damage
which may be caused or partly caused by or arise
through:
(i) Failure on the part of the Owner to properly maintain
any Parts; or
(ii) Failure on the part of the Owner to follow any
instructions or guidelines provided by the Company; or
(iii) Any use of any Parts otherwise than for any
application specified on a quote or order form; or
(iv) The continued use of any Parts after any defect
becomes apparent or would have become apparent to
a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Company shall
thereafter in no circumstances be liable under the terms
of the warranty if the workmanship is repaired, altered or
overhauled without the Company’s consent.
(c) In respect of all claims the Company shall not be
liable to compensate the Owner for any delay in either
replacing or repairing the workmanship/Parts or in
properly assessing the Owner’s claim.
give notice in writing to the Owner to return the Parts or
any of them to the Company. Upon such notice the
rights of the Owner to obtain ownership or any other
interest in the Parts shall cease; and
(b) if the Owner fails to return the Parts to the Company
then the Company or the Company’s agent may enter
upon and into land and premises owned, occupied or
used by the Owner, or any premises as the invitee of the
Owner, where the Parts are situated and take possession
of the Parts.
7. Loan Car
7.1 In the event the Vehicle suffers a Mechanical
Breakdown and has not been repaired within 24 hours of
its delivery to the Company, the Owner shall be entitled
to request the use of a complimentary loan car subject
to availability. The Owner shall be responsible for the cost
of fuel and for their own comprehensive insurance cover.
8. Returns
8.1 The Company may (at its discretion) accept the
return of non-defective Parts for credit or refund but this
may incur a handling fee of 20% of the value of the
returned Parts plus any freight.
9. Warranty
9.1 Subject to the conditions of warranty set out in Clause
9.2 the Company warrants that if any defect in any
Company shall not be liable for any loss or damage
whatever arising from such cancellation.
11.2 The Owner agrees to provide three (3) months
written notice to the Company to cancel provision of the
Works. The Owner shall be liable for any loss incurred by
the Company (including, but not limited to, any loss of
profits) up to the time of cancellation.
11.3 This agreement shall be terminated with no refund
to the Owner in the event:
(a) the sale of the Vehicle to a motor trader or dealer; or
(b) the Vehicle being used for hire or rewards; or
(c) the Owner making any false or dishonest claim in
respect of the Vehicle or being unreasonable,
threatening or taking any action against the Company
that adversely affects the ability of the Company to fulfil
its obligations under the agreement; or
(d) the Vehicle failing to remain taxed and roadworthy for
use on the public highway; or
(e) the Vehicle having its odometer altered,
disconnected or tampered with or the Company having
reasonable suspicion that the Vehicle’s odometer has
been altered, disconnected or tampered with.
11.4 The agreement may be transferred with the Vehicle
for any unexpired period of the pre-paid quarter
remaining, providing the Vehicle does not pass through
a motor trader or dealer at any time and subject to a
£35 (plus VAT) administration fee.
9.3 For Parts not manufactured by the Company, the
warranty shall be the current warranty provided by the
manufacturer of the Parts. Whilst the Company shall
honour such warranty the Company shall not be bound
by nor responsible for any term, condition, representation
or warranty other than that which is given by the
manufacturer of the Parts.
10. Default & Consequences of Default
10.1 If the Owner defaults in payment of any invoice
when due, the Owner shall indemnify the Company from
and against all costs and disbursements incurred by the
Company in pursuing the debt including legal costs on a
solicitor and own client basis and the Company’s
collection agency costs.
10.2 Without prejudice to any other remedies the
Company may have, if at any time the Owner is in
breach of any obligation (including those relating to
payment), the Company may suspend or terminate the
supply of Works to the Owner and any of its other
obligations under the terms and conditions. The
Company will not be liable to the Owner for any loss or
damage the Owner suffers because the Company
exercised its rights under this clause.
11. Cancellation, Termination and Vehicle Transfer
11.1 The Company may cancel these terms and
conditions or cancel the provision of Works at any time
before the Works are provided by giving written notice.
On giving such notice the Company shall repay to the
Owner any sums paid in respect of the Price. The
13.2 These terms and conditions and any contract to
which they apply shall be governed by the laws of
England and Wales and are subject to the jurisdiction of
the courts of England and Wales.
13.3 The Company shall be under no liability whatever to
the Owner for any indirect loss and/or expense (including
loss of profit or goodwill) suffered by the Owner or any
third party arising out of a breach by the Company of
these terms and conditions.
13.4 In the event of any breach of this contract by the
Company the remedies of the Owner shall be limited to
damages and the Company’s liability (if any) whether in
contract, tort or otherwise in respect of any defect in the
Parts, or for any breach of these terms and conditions, or
of any duty owed to the Owner in connection with them
shall be limited to the amount of the Price.
13.5 The Company may license or sub-contract all or
any part of its rights and obligations without the Owner’s
consent.
13.6 The Company reserves the right to review these
terms and conditions at any time. If, following any such
review, there is to be any change to these terms and
conditions, then that change will take effect from the
date on which the Company notifies the Owner of such
change. Except where the Company supplies further
Works to the Owner and the Owner accepts such Works,
the Owner shall be under no obligation to accept such
changes.
13.7 Neither party shall be liable for any default due to
any act of God, war, terrorism, strike, lock out, industrial
action, fire, flood, drought, storm or other event beyond
the reasonable control of either party.
12. Data Protection Act 1998
12.1 The Owner and the Guarantor/s (if separate to the
Owner) authorises the Company to:
(a) collect, retain and use any information about the
Owner, for the purpose of assessing the Owner’s
creditworthiness or marketing products and services to
the Owner; and
(b) to disclose information about the Owner, whether
collected by the Company from the Owner directly or
obtained by the Company from any other source, to any
other credit provider or any credit reporting agency for
the purposes of providing or obtaining a credit reference,
debt collection or of listing a default by the Owner on
publicly accessible credit reporting databases.
12.2 Where the Owner is an individual the authorities
under (clause 12.1) are authorities or consents for the
purposes of the Data Protection Act 1998.
12.3 The Owner shall have the right to request the
Company for a copy of the information about the Owner
retained by the Company and the right to request the
Company to correct any incorrect information about the
Owner held by the Company.
13. General
13.1 If any provision of these terms and conditions shall
be invalid, void, illegal or unenforceable the validity,
existence, legality and enforceability of the remaining
provisions shall not be affected, prejudiced or impaired.
p_11p_10
constitute acceptance of the terms and conditions
contained herein.
2.2 Upon acceptance of these terms and conditions by
the Owner the terms and conditions are irrevocable and
can only be amended with the written consent of the
Company.
3. Price And Payment
3.1 At the Company’s sole discretion the Price shall be
either:
(a) as indicated on invoices provided by the Company
to the Owner in respect of Works supplied; and / or
(b) the Company’s current Price, according to the
Company’s current Price list.
3.2 Time for payment for the Works shall be of the
essence and will be due to be paid quarterly in
advance on the first (1st) of the month for the following
three (3) months.
3.3 An initial inspection fee shall be charged by the
Company to the Owner,
3.4 Payment will be made by cash, or by cheque, or by
credit card, (plus a surcharge of 2% of the Price), or by
debit card, or by direct bank credit (BACS), or by any
other method as agreed to between the Owner and the
Company.
3.5 VAT and other taxes and duties that may be
applicable shall be added to the Price except when
they are expressly included in the Price.
1. Definitions
1.1 “Company” shall mean Revolution Porsche
Specialists Limited its successors and assigns or any
person acting on behalf of and with the authority of
Revolution Porsche Specialists Limited.
1.2 “Owner” shall mean the person or entity described as
such on the invoices, application for credit, quotation,
work authorisation or any other forms to which these
terms and conditions apply, and shall include any person
acting on behalf of and with the authority of such person
or entity.
1.3 “Works” shall mean Works supplied by the Company
to the Owner (and where the context so permits shall
include any supply of Parts as hereinafter defined) and
are as described on the invoices, quotation, work
authorisation or any other forms as provided by the
Company to the Owner.
1.4 “Parts” shall mean Parts supplied by the Company to
the Owner either separately, or as part of the Works.
1.5 “Vehicle” shall mean the Owner’s vehicle bearing the
VIN as provided by the Owner to the Company.
1.6 “Price” shall mean the cost of the Works as agreed
between the Company and the Owner subject to clause
3 of this contract.
2. Acceptance
2.1 Any instructions received by the Company from the
Owner for the supply of Works and/or the Owner’s
acceptance of Works supplied by the Company shall
under this agreement:
(a) water ingress and associated damage; and
(b) any repairs to the Vehicle required due to misuse,
over-revving, corrosion, competitive motor sport,
competition, track use, racing or use with dynamometer,
rolling road or testing; and
(c) upgrade or performance parts fitted by any supplier
other than the Company (unless specifically approved
by the Company in writing and in advance); and
(d) repairs required due to incorrect battery charging or
connection; and
(e) any recovery costs for the Vehicle or other personal
costs incurred during repairs; and
(f) anything deemed by the Company to be
inappropriate for the Vehicle; and
(g) tyre wear and tear and replacement; and
(h) any accident damage; and
(i) windscreen repair or replacement.
4.8 The Vehicle must be serviced by the Company in
accordance with the manufacturer’s specification.
4.9 In the event of the Vehicle exceeding its maximum
annual mileage allowance (as advised by the Company),
then the Owner (at the discretion of the Company) shall be
liable for an increase in the monthly fee.
4.10 It is the Owner’s responsibility to ensure all routine
services are carried out within the manufacturer’s
guidelines. In the event of any routine services being
4. Owner Responsibilities and Delivery Of Works
4.1 At the commencement of this agreement, the
Company shall carry out an inspection of the vehicle.
4.2 The Company shall carry out for the duration of the
agreement (subject to the terms and conditions
contained herein):
(a) Mechanical Breakdown repairs (as defined at the sole
discretion of the Company as the failure of a Part of the
Vehicle (subject to its age and mileage) prior to its next
scheduled service or the end of the period of this
agreement, causing, or likely to cause, a sudden
stoppage of its function for reason other than
negligence); and
(b) routine servicing of the Vehicle for the duration of the
contract.
4.3 The costs of in-house labour for such Works as
identified in clause 4.2 shall be borne by the Company.
4.4 The Owner shall be responsible for the Price of any
Parts associated with any Mechanical Breakdown repairs.
4.5 The cost of consumables (oils, oil filters, spark plugs,
air filters, pollen filters, fuel filters, drive belts, brake fluids,
washer fluids and antifreeze) required during a routine
service shall be borne by the Company. The cost of any
other Parts required shall be payable by the Owner.
4.6 The costs for an MOT test shall be borne by the
Company however any costs necessary (except
in-house labour) for the Vehicle to pass an MOT test shall
be payable by the Owner.
4.7 Costs associated with the following is not covered
authorised unless caused by the negligence of the
Company or the Company’s employees.
5.3 It is the Owner’s responsibility to ensure that the
Vehicle is insured against all possible damage (including,
but not limited to, the perils of accident, fire, theft and
burglary and all other usual risks) whilst stored on the
Company’s premises. The Vehicle is at all times stored
and repaired at the Owner’s sole risk.
5.4 The Owner agrees that any repair work carried out on
the Vehicle and/or the storage of the Vehicle at the
Company’s premises is done so at the Owner’s own risk
and releases to the full extent permitted by law the
Company, its employees and agents from all claims
and demands of any kind and from all liability which
may arise in respect of any accident, damage or injury
occurring to any person or property arising out of the
storage and/or repair of the Vehicle.
6. Title
6.1 It is the intention of the Company and agreed by the
Owner that ownership of the Parts shall not pass until:
(a) the Owner has paid all amounts owing for the
particular Works; and
(b) the Owner has met all other obligations due by the
Owner to the Company in respect of all contracts
between the Company and the Owner.
6.2 It is further agreed that:
(a) until such time as ownership of the Parts shall pass
from the Company to the Owner the Company may
late, the Company reserves the right to increase the
monthly fee.
4.11 Where any repairs, modifications, routine services or
other works are carried out by a supplier other than the
Company, then (at the Company’s sole discretion) the
Vehicle shall require a re-inspection (at the cost of the
Owner).
4.12 Delivery of the Works shall take place when the
Company provides the Works at the Company’s address.
4.13 The Owner shall make all arrangements necessary
to ensure the Vehicle is at the Company’s address at the
arranged time for the Works to be provided. In the event
that the Owner is unable have the Vehicle at the
Company’s address at the arranged time, then the
Company shall be entitled to charge a reasonable fee
for rearrangement.
4.14 The failure of the Company to deliver shall not
entitle either party to treat this contract as repudiated.
4.15 The Company shall not be liable for any loss or
damage whatever due to failure by the Company to
deliver the Works (or any of them) promptly or at all.
5. Risk
5.1 If the Company retains ownership of the Parts
nonetheless, all risk for the Parts passes to the Owner on
delivery.
5.2 The Company shall not be liable for the loss of or
damage to the Vehicle, its accessories or contents while
garaged or being driven in connection with the work
workmanship of the Company becomes apparent and
is reported to the Company within twelve (12) months of
the date of delivery (time being of the essence) then the
Company will either (at the Company’s sole discretion)
repair the defect or remedy the workmanship.
9.2 The conditions applicable to the warranty given by
Clause 9.1 are:
(a) The warranty shall not cover any defect or damage
which may be caused or partly caused by or arise
through:
(i) Failure on the part of the Owner to properly maintain
any Parts; or
(ii) Failure on the part of the Owner to follow any
instructions or guidelines provided by the Company; or
(iii) Any use of any Parts otherwise than for any
application specified on a quote or order form; or
(iv) The continued use of any Parts after any defect
becomes apparent or would have become apparent to
a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Company shall
thereafter in no circumstances be liable under the terms
of the warranty if the workmanship is repaired, altered or
overhauled without the Company’s consent.
(c) In respect of all claims the Company shall not be
liable to compensate the Owner for any delay in either
replacing or repairing the workmanship/Parts or in
properly assessing the Owner’s claim.
give notice in writing to the Owner to return the Parts or
any of them to the Company. Upon such notice the
rights of the Owner to obtain ownership or any other
interest in the Parts shall cease; and
(b) if the Owner fails to return the Parts to the Company
then the Company or the Company’s agent may enter
upon and into land and premises owned, occupied or
used by the Owner, or any premises as the invitee of the
Owner, where the Parts are situated and take possession
of the Parts.
7. Loan Car
7.1 In the event the Vehicle suffers a Mechanical
Breakdown and has not been repaired within 24 hours of
its delivery to the Company, the Owner shall be entitled
to request the use of a complimentary loan car subject
to availability. The Owner shall be responsible for the cost
of fuel and for their own comprehensive insurance cover.
8. Returns
8.1 The Company may (at its discretion) accept the
return of non-defective Parts for credit or refund but this
may incur a handling fee of 20% of the value of the
returned Parts plus any freight.
9. Warranty
9.1 Subject to the conditions of warranty set out in Clause
9.2 the Company warrants that if any defect in any
T E R M S & C O N D I T I O N S c o n t .Company shall not be liable for any loss or damage
whatever arising from such cancellation.
11.2 The Owner agrees to provide three (3) months
written notice to the Company to cancel provision of the
Works. The Owner shall be liable for any loss incurred by
the Company (including, but not limited to, any loss of
profits) up to the time of cancellation.
11.3 This agreement shall be terminated with no refund
to the Owner in the event:
(a) the sale of the Vehicle to a motor trader or dealer; or
(b) the Vehicle being used for hire or rewards; or
(c) the Owner making any false or dishonest claim in
respect of the Vehicle or being unreasonable,
threatening or taking any action against the Company
that adversely affects the ability of the Company to fulfil
its obligations under the agreement; or
(d) the Vehicle failing to remain taxed and roadworthy for
use on the public highway; or
(e) the Vehicle having its odometer altered,
disconnected or tampered with or the Company having
reasonable suspicion that the Vehicle’s odometer has
been altered, disconnected or tampered with.
11.4 The agreement may be transferred with the Vehicle
for any unexpired period of the pre-paid quarter
remaining, providing the Vehicle does not pass through
a motor trader or dealer at any time and subject to a
£35 (plus VAT) administration fee.
9.3 For Parts not manufactured by the Company, the
warranty shall be the current warranty provided by the
manufacturer of the Parts. Whilst the Company shall
honour such warranty the Company shall not be bound
by nor responsible for any term, condition, representation
or warranty other than that which is given by the
manufacturer of the Parts.
10. Default & Consequences of Default
10.1 If the Owner defaults in payment of any invoice
when due, the Owner shall indemnify the Company from
and against all costs and disbursements incurred by the
Company in pursuing the debt including legal costs on a
solicitor and own client basis and the Company’s
collection agency costs.
10.2 Without prejudice to any other remedies the
Company may have, if at any time the Owner is in
breach of any obligation (including those relating to
payment), the Company may suspend or terminate the
supply of Works to the Owner and any of its other
obligations under the terms and conditions. The
Company will not be liable to the Owner for any loss or
damage the Owner suffers because the Company
exercised its rights under this clause.
11. Cancellation, Termination and Vehicle Transfer
11.1 The Company may cancel these terms and
conditions or cancel the provision of Works at any time
before the Works are provided by giving written notice.
On giving such notice the Company shall repay to the
Owner any sums paid in respect of the Price. The
13.2 These terms and conditions and any contract to
which they apply shall be governed by the laws of
England and Wales and are subject to the jurisdiction of
the courts of England and Wales.
13.3 The Company shall be under no liability whatever to
the Owner for any indirect loss and/or expense (including
loss of profit or goodwill) suffered by the Owner or any
third party arising out of a breach by the Company of
these terms and conditions.
13.4 In the event of any breach of this contract by the
Company the remedies of the Owner shall be limited to
damages and the Company’s liability (if any) whether in
contract, tort or otherwise in respect of any defect in the
Parts, or for any breach of these terms and conditions, or
of any duty owed to the Owner in connection with them
shall be limited to the amount of the Price.
13.5 The Company may license or sub-contract all or
any part of its rights and obligations without the Owner’s
consent.
13.6 The Company reserves the right to review these
terms and conditions at any time. If, following any such
review, there is to be any change to these terms and
conditions, then that change will take effect from the
date on which the Company notifies the Owner of such
change. Except where the Company supplies further
Works to the Owner and the Owner accepts such Works,
the Owner shall be under no obligation to accept such
changes.
13.7 Neither party shall be liable for any default due to
any act of God, war, terrorism, strike, lock out, industrial
action, fire, flood, drought, storm or other event beyond
the reasonable control of either party.
12. Data Protection Act 1998
12.1 The Owner and the Guarantor/s (if separate to the
Owner) authorises the Company to:
(a) collect, retain and use any information about the
Owner, for the purpose of assessing the Owner’s
creditworthiness or marketing products and services to
the Owner; and
(b) to disclose information about the Owner, whether
collected by the Company from the Owner directly or
obtained by the Company from any other source, to any
other credit provider or any credit reporting agency for
the purposes of providing or obtaining a credit reference,
debt collection or of listing a default by the Owner on
publicly accessible credit reporting databases.
12.2 Where the Owner is an individual the authorities
under (clause 12.1) are authorities or consents for the
purposes of the Data Protection Act 1998.
12.3 The Owner shall have the right to request the
Company for a copy of the information about the Owner
retained by the Company and the right to request the
Company to correct any incorrect information about the
Owner held by the Company.
13. General
13.1 If any provision of these terms and conditions shall
be invalid, void, illegal or unenforceable the validity,
existence, legality and enforceability of the remaining
provisions shall not be affected, prejudiced or impaired.
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S E R V I C E I N T E R V A L S
N O T E S
Max. annual
12,000
12,000
20,000
12,000
20,000
20,000
Service interval
12k/12 months
12k/24 months
20k/24 months
12k/12 months
12k/24 months
20k/24 months
Year
Up to 2003
From 2004
From 2005
Up to 2003
2003 - 2004
From 2004
Model mileage
996
996
997
Boxster 986
Boxster 986
Boxster 987/Cayman
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