Terms & Conditions

PHANTOM MOTOR CARS LIMITED
Terms of Business.

PARTS
1. WARRANTY
(i) The company warrants that all genuine parts supplied of fitted to the vehicle will be free of defects in accordance with the manufacturers’ warranty period. In respect of any other parts fitted the Company assigns the Customer the benefit of the applicable manufacturers warrant. Parts replaced will not be retained unless specific instructions to that effect are given.
(ii) Liability under this clause is wholly excluded if the vehicle has been: used for competitions, racing, or recorded speed attempts or otherwise than for private of commercial use of the owner or others with the owners’ permission; abuse in any way or damage by wear and tear, neglect, rust, improper use or failure to maintain in accordance with the manufacturers recommendations: or damage in any subsequent accident.

2. ESTIMATES.
(i) Estimates are effective only for 28 days after dispatch. If instructions are not received from the Customer (in response to an estimate) within 28 days from dispatch of the estimate, the company reserves the right to cancel the estimate.(ii) All estimates are based on current costs to the Company of labour, material and spare parts at the date of the estimate and in the event of any variation occurring before or after acceptance, the Company may, if it thinks fit, require the Customer to pay on completion of supply, any increase due to such variation.(iii) The Company reserve the right to charge for time taken on preparing all estimates / quotes, but may waive these charges at their discretion .

3. RETURNS
The Company reserves the right to make 15% handling charges on goods returned against orders correctly supplies.

4. NON-STOCKED ITEMS
Non-stocked items, specially ordered and of merchantable quality, cannot be returned for credit.

5. RESERVATION OF TITLE
All parts shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full in respect of them. If a part is mixed with or incorporated in other goods but remains capable of being dispatched or separated the Company shall continue to retain property in title to the part.

6. CUSTOMER RELATIONS
Any Customer who is dissatisfied with any part supplied should return the goods in their original condition within 7 days of supply, quoting the Company’s invoice number.

SERVICE
1. RESPONSIBILITY
(i) Customers are strongly advised to remove all items of value cot connected with the vehicle when leaving it on the Companies premises since the Company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by lack of reasonable care on the part of the Company.
(ii) Under no circumstances shall the Company be responsible for loss or damage in respect of the Customer’s vehicle or for any injuries, act or default by any employee of the Company unless such act, default, loss or damage could reasonable have been foreseen and avoided by the exercise of reasonable care and diligence on the part of the Company as his employer. Nor in any event shall the Company be held responsible for any loss suffered by the Customer through accident, fire, theft, frost or any cause accept is so far as such loss is solely attributable to the negligence of the Company’s employees acting in the course of their employment.
(iii)Any work done or goods supplied in relation to the vehicle, by the order of any driver in the Customers employ, or by any persons who is reasonably believed to be acting as the Customers agent, or by the order of any persons to whom, the Company is entitled to make delivery of the vehicle, shall be paid by the Customer.
(iv) Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss or damage resulting, on the grounds that such driver had in fact no authority, and not withstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any persons reasonably believed to be then, or have been at some time, connected with the Customer.
(v) In connection with any inspection, repair or contemplated repair, or other purpose for which a vehicle is accepted by the Company, testing, taking the vehicle to the coachbuilders, or other specialist, demonstrations, etc., the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.

2. DELIVERY
Although every effort is made to adhere to a Customer’s wishes as to time of delivery the Company is not contractually bound by any completion or delivery date agreed. The Company will use its best efforts to carry out work in the time notified to the Customer but time shall not be of the essence and no liability is accepted by the Company for any delays howsoever caused.

3. ESTIMATES AND REPAIR WORK
Estimated are effective only for 28 days after dispatch. If instructions are not received from a Customer (in response to an estimate rendered) within 28 days of dispatch of the estimate, the Company may charge its usual garage rates from the date the vehicle was received until its collection, (Note:- The Company dose not as a general rule make any such charge for garaging pending instruction, if the repairs are ultimately carried out by the Company and duly paid for.
(i) All estimates by the Company are based on the current costs to the Company of labour, materials and spare parts at the date of the estimate, and in the event of any variation occurring before or after acceptance the Company may, if it thinks fit, require the Customer to pay on completion of any work any increase due to such variation.
(ii) If no price is stated or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including and stripping down leading to determination as to the practically or otherwise of any work and reassembly) and for materials and spare parts supplied.
(iii) If in the opinion of the Company it is impractical for any reason to carry out any of the work it is instructed to carry out, it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given therefore) and to carry out such work as in the opinion for the Company to be practical.
(iv) Variation of any kind in the estimate, or the scope of the repair, or the process chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied.
(v) Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.

4. MATERIALS AND INCIDENT WORK
It is a condition of acceptance of a Customers instructions that the Company is authorised (i) to carry out additional work of a minor or incidental nature that the Company in its absolute discretion considers necessary to properly comply with the Customers instructions; and (ii) to supply and fit any parts and materials necessary for such purpose.

5. PARTS
All parts supplied and/or fitted subject to the manufacturers conditions of sale, and no warranty whatsoever, accept as contained therein, is given or implied. Parts replaced will not be retained unless specific instructions to that effect are given.

6. STORAGE CHARGES
The Customer shall remove his vehicle from the Companies premises within 7 days of notification by the Company of completion of the work agreed. Notwithstanding any lien that the Company may be asserting, the Company reserves the right to charge storage rent at the prevailing rate per day at the expiry of 7 days from the said notification. Any notice required by the terms of this paragraph to be given to the Customer is deemed to be effected on the day following the sending of a written notice by ordinary pre-paid post to the Customers address given overleaf. No question, dispute or complaint that may arise concerning the work done by the Company or completion thereof shall relieve the Customer of any obligation indebtedness arising under this paragraph. Storage will also be charged against vehicles for “Preservation” (Undercover, secure storage, battery conditioning etc.) to preserve the condition of any vehicle or to prevent deterioration.

7. PAYMENT
All charges, unless on an approved credit account or otherwise agreed in writing are due at or before delivery and the Company may demand a deposit before commencing or during the course of any work. The Company reserves a general lien over all property of the Customer in the Company’s possession for the total indebtedness of the customer to the Company by way of money due for work done and materials or goods supplied, storage charges and any other expense and cost arising in relation to each and any vehicle of the Customer. Any vehicle removed from the Company’s premises without their permission will be considered to have been stolen.

8. POWER OF SALE
The Company shall have the right, without giving any notice, to sell a Customer’s vehicle if any sums due for work done and materials supplied remain unpaid for three months after the Company’s account for said work and materials has been rendered to the Customers address given overleaf, and thereafter to satisfy and debt owed to the Company in respect of the vehicle, and the expenses of sale, out of the sale price of the vehicle.

9. GUARANTEE WORK
The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturers of parts and materials supplied or any sub-contractor. If the manufacturer for any reason whatsoever does not allow such claim the customer shall be responsible for paying all relevant costs and charges. The Company further reserves the right to charge for such repairs in full pending acceptance of a claim by the appropriate guarantor. No claims under warranty can be made unless a specific request for such is made by the Customer at the time of completing the instructions for the repair overleaf and the necessary information given. All the work carried out by the Company is warranted against failure due to defective workmanship for a prior of 3 months / 3,000 miles, whichever occurs first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.

10. VARIATION OF TERMS
No variation of these terms shall be effective unless in writing, signed on behalf of the Company by a Partner, Director of duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed terms.

11. CUSTOMER SATISFACTION
Any customer who is dissatisfied with the Company’s level of repair or service should ensure that the complaints are made in writing to the Company within seven days of the delivery of the vehicle or seven days of receipt of invoice, whichever is earlier. Nothing contained within these terms of business shall affect the Customers statutory rights.

SALE OF CUSTOMERS CARS ON CONSIGNMENT / COMMISSION BASIS.
Consignment and Commission sales will attract a 5% – 10% commission fee based on the sale price achieved or invoiced. The commission %  may be agreed before acceptance for sale of a vehicle whether verbal or in writing.

Vehicles placed with Phantom Motor Cars Ltd (PMC – The Company) for Consignment or Commission sale may be subject to corrective works which will be done entirely at the discretion of The Company to ensure the vehicle is of Merchantable Quality, Safety standards are met and to uphold the good name of the company. Any corrective works deemed necessary by The Company to facilitate a sale, are fully chargeable to the owner. These works may be of a mechanical, electrical or cosmetic nature and may include goods supplied (Parts) and labour, and will be charged at the companies’ usual rate.

Additional fees may be levied to cover storage, MOT’s and fuel, and are entirely at the discretion of The Company. This may include cleaning and all aspects of valeting.

If an owner  places a vehicle  with The Company for a Consignment or Commission sale, and then decides not to complete the sale, for whatever reason, the owner agrees to pay The Company any and all costs associated with the pursuance of the sale, to cover time, parts, labour, advertising and storage  already put into the pursuance of the sale, at a fair and reasonable rate.

All charges and fees are subject to VAT at the current rate.

Power of Sale
The Company shall have the right, without giving any notice, to sell a Customer’s vehicle if any sums due for work done and materials supplied remain unpaid for three months after the Company’s account for said work and materials has been rendered to the Customers address given overleaf, and thereafter to satisfy and debt owed to the Company in respect of the vehicle, and the expenses of sale, out of the sale price of the vehicle.

 

WEBSITE

By entering this website you agree to be bound by all of the Terms and Conditions as set out below. If you do not accept these Terms and Conditions of use please leave this website.

1. About us

Phantom Motor Cars Limited (“we”, “us”) is a company registered in England and Wales (Company Registration Number 5514596, VAT number: 572 7380 22).

2. Accuracy of information on this website and third party websites

We attempt to keep all information on this website up-to-date. The product specifications contained in this website, however, are for information purposes only. As we continually enhance our products, alterations in our models or standard or optional equipment may occur. We reserve the right to change these product specifications at any time without notice.

We are not responsible for the content of any third party website.

3. No contract formation

As the content of this website is solely provided for general information purposes it is not intended to constitute an offer for the sale of any specific goods.

5. Safety advice

Any reference to the performance or speed of our vehicles on this website shall not constitute an encouragement to drive hazardously or to violate traffic laws. This website is not intended to be a substitute for the important safety information which is contained in the vehicle handbook provided with our vehicles.

6. Intellectual Property Rights – Copyright and Trademarks

All rights in the content of this website including copyrights, design rights, database rights, patents, inventions, know-how, source codes and any other intellectual property rights are owned by or are licensed to us. You are permitted to display these materials on a computer screen and to download and print a hard copy for using this as an information resource on us.

You undertake not to:
alter or remove any copyright, trademark or other proprietary notices;
replicate, download, relay, dispatch, distribute or publicise any text, illustration, chart, graphic, icon, logo, image, and the arrangement thereof, and any underlying source code and software, for any commercial or public purpose without our prior written consent or the respective copyright holder;
use this website to upload or distribute any material that contains viruses or the like or to do anything that may interfere with or disrupt this website or its services;
establish a link to this website from any other website, intranet or extranet site without our prior written consent.

7. Website reliability

Whilst we attempt to avoid any errors on this website, no guarantee can be made as to its uninterrupted and error free usage. We reserve the right to suspend or withdraw the entire or any part of the website at any time without notice without incurring any liability.

8. Disclaimer of Warranties

ALL EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OF ANY KIND OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

WE SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR PROFIT OR LOSS OR OTHERWISE) COSTS, CLAIMS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER, WHETHER CAUSED BY THE ACTS, OMISSIONS OR THE NEGLIGENCE OF PHANTOM MOTOR CARS LIMITED, ITS EMPLOYEES OR AGENTS, WHICH ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE INFORMATION, CONTENT MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE.

WE DO NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR ACCESS TO OR MATERIAL ON ANY WEBSITE THAT IS LINKED FROM OR TO THIS WEBSITE.

9. Variation

We reserve the right to change these Terms and Conditions at any time without prior notice. The new version will be posted on the website and will take effect and govern all use of the website immediately upon posting.

10. Survival of Conditions

If any provision of these Terms and Conditions is or becomes illegal, invalid or otherwise unenforceable under the laws of any state or country, it shall be removed from these Terms and Conditions. The legality, validity and enforceability of any other provision under the law of that jurisdiction and the legality, validity and enforceability of that or any other provision under the law of that jurisdiction shall not be concerned or harmed.

11. Jurisdiction

These Terms and Conditions will be solely governed by and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction to resolve any disputes relating to these Terms and Conditions.

12. How to contact us

If you require further information or have any comments or questions about this website or any aspect of our services please contact:

Registered Office Address

Phantom Motor Cars Ltd
Pankridge Street
Crondall
Farnham
Surrey
GU10 5QT
England

Tel: +44 (0) 1252 850231
Fax: +44 (0) 1252 850516
Email: phantommotorcars@aol.com