Terms and Conditions of Business and Website Use 

Individual Specialist Cars Limited

1. These Terms of Business constitute the contract between Individual Specialist Cars (The Company) and the Customer.  
   No party has relied on any representation except as expressly set out in this contract.
   The Terms of Business do not affect the Customers' Statutory rights.
   The Customer is deemed to have accepted these Terms of Business if they, or their representatives give us instructions or place an order for work to be             done/goods supplied, will only come into being upon acceptance of Individual Specialist Cars.
   No alteration of these Terms of Business will be valid unless confirmed in writing and approved by a representative of the Company. 
   
   
2. The Company will accept vehicles for repairs and examination with a view to estimating for repairs and for any other purpose necessary.
   A contract will be binding between Individual Specialist Cars and the Customer at the time of booking an estimate or repair or the arrival of the vehicle on site. 
   
   
3. Any person making an enquiry, via telephone, online at the website or in person, must be at least 18 years of age and resident in the UK.
   An estimate given for a repair approximates the likely cost of that repair without dismantling the vehicle for detailed inspection and is valid for 14 days.
   Prices of goods and services are current at the time of the estimate and The Company reserves the right to increase the Contract price should additional repairs be found to be necessary upon dismantling of the vehicle or if the price of goods to The Company increases between the time of the estimate and completing the repair works.
   If during the progress of work the estimate will be exceeded by any material amount, The Company will obtain permission from the Customer to continue. A charge may be made for the estimate, all costs quoted are subject to VAT. 
   
   
4. If the work/repair cannot be carried out within the quoted period due to circumstances beyond the control of Individual Specialist Cars, a member of the Team will contact the Customer and advise them accordingly. This may be caused by parts being unavailable and not delivered on time or that the repair required may take longer to complete or special parts may be required.
   Any variation will be deemed an amendment and shall not constitute a new contract.
   The company will endeavour to complete repairs by the date requested but cannot accept responsibility for any delay resulting from a cause beyond the Company's control.
   Any liability for additional costs and or inconvenience resulting from such delays are not the responsibility of the Company. 
   
   
5. All parts used will adhere to the manufacturer standards and will be original, therefore ensuring that warranties are validated, unless otherwise agreed either verbally or in writing.
   The Company reserves the right to ask for payment in advance for all special orders and reserves the right to make a handling charge for goods returned which have been correctly supplied in accordance with the original order.
   All parts which are replaced during the repair process, except where they have to be returned to the manufacturer or supplier become the property of the Company unless the customer requests their return prior to the start of the repairs. 
   
   
6. Individual Specialist Cars will not be held liable for any unforeseeable losses, any losses that were not caused by our employees, agents or representatives' negligence or for any business losses.
   This does not affect any claim that the customer may have for death or any personal injury. Customers' Statutory rights will not be affected, that the works are carried out with due skill, care and diligence and that all goods supplied are of satisfactory quality and fit for the purpose. 
   
   
7. The Company will not be held responsible for any loss of valuable items left by the Customer and are not connected to the vehicle or damage to such items. We shall take reasonable care of the vehicle while in our care.
   The Company cannot accept liability for the loss of or damage to personal property or business goods left in the vehicle. We advise that all items are removed from the vehicle prior to your visit to Individual Specialist Cars. 
   
   
8. Individual Specialist Cars will not be held liable for any damage or delay in the services provided in cases of 'Act of God', 'Industrial action/strikes' Government Disputes or factors deemed out of our control. 
   
   
9. Every care will be taken whilst working on your vehicle to provide you with the highest standard of workmanship, we will not be responsible for any extra costs incurred due to breakages, whether mechanical or electrical or software related, when the damage caused was unavoidable due to natural wear and tear or rust to the vehicle which was present but not visible prior to commencement of work.
   We will not accept responsibility for pre-existing damage or mechanical faults on the vehicle. Any mechanical faults due to wear and tear that may occur during collection or delivery remain the Customers' responsibility.
   Where new paintwork is required and the metal work is found to be rusted or has had previous work carried out, reasonable precaution will be taken to prevent this penetrating through after painting, but no guarantee can be given.
   If only partial paintwork is required, reasonable precaution will be taken to match the existing colour, no guarantee can be given of a perfect colour match at the time of repair or any time after.
   During the repair process, wheels may be removed and then refitted according to manufacturer settings. 
   
   
10. Health and Safety laws will apply where applicable when carrying out repairs to Customers vehicles. 
    
    
11. Collection and Delivery of your vehicle (If required) is not charged within a certain radius, please check with a member of the Team.
    The Customer must arrange Insurance cover for the use of our Courtesy Cars, unless agreed in writing by Individual Specialist Cars.
    If Insurance is covered by Individual Specialist Cars, in the event of a claim, the Customer will be liable to pay the Insurance excess at that time, please confirm this with a member of the Team.
    It is the Customers' responsibility to ensure all Driver details are correctly provided for our records.
    The Customer must adhere to the Terms and Conditions placed by Individual Specialist Cars.
    The Customer will be responsible for any fuel used, parking fines and driving offences whilst the courtesy car is in their custody.
    Should the Customer decide not to proceed with the repairs after the courtesy car has been provided, Individual Specialist Cars reserve the right to make an administration charge for the duration the time the vehicle is in the Customers' possession.
    The courtesy car can only be used in the UK and cannot be taken abroad without written consent from a Director at Individual Specialist Cars.
    Courtesy cars are subject to availability, our Team will endeavour to liaise with you to avoid any inconvenience, however delays may incur due to unforeseen circumstances. 
    
    
12. Parts and other goods supplied must be paid for in full on collection or delivery.
    All monies relating to services provided must be paid upon delivery or when the Company notifies the Customer that the work is complete.
    Title and ownership of goods and services supplied will pass only when payment has been received and monies cleared. Payment for all Goods and or Services, Repairs and or parts supplied is due on completion of work.
    All Goods/Services shall remain the property of the Company until such time as the Company has received cleared payment in full from the Customer. Cheques are not accepted; some card payments may incur charges (we do not accept AMEX).
    If payment is not received for Insurance excess, VAT or total invoice amount within 5 days of repair completion, a late payment interest will be applied along with administration costs.
    Vehicles will not be released until payments/cleared funds have been received in full. 
    
    
13. If, following the completion of services, the Customer's vehicle(s) is left at the Company's premises, the Company reserves the right to make daily charge for the storage of the vehicle(s).
    Any vehicle which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within 6 calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of repairs and any storage charges may be deducted by the Company from the net proceeds of the sale of the vehicle. before proceeding to sell the vehicle, the Company will give the Customer 7 working days written notice of its intention to do so. 

 

We, Individual Specialist Cars Ltd, own and operate this Website. We're a limited company registered in England and Wales under company number: 05778160 having our registered office at 121 Livery Street, Birmingham, West Midlands, B3 1RS. Our VAT Number is: 887699820. Our business address is 43-59 Western Road, Hockley, Birmingham, West Midlands, B18 7QD.

1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website. You must not use the Website if you do not agree to comply with and be bound by these Terms.

1.2 Use of the Website includes accessing or browsing the Website.

1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it. 

1.4 These Terms refer to the following, which also apply when using this Website:

1.4.1 Privacy Policy, which can be found at https://www.individualsc.co.uk/privacy-policy

2.1 You are responsible for making all arrangements necessary for you to have access to the Website. 

2.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them. 

2.3 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The 2 Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, required updating, maintenance or repair.

2.4 Where possible, we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

3.1 In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Individual Specialist Cars Ltd, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world). 

3.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.

3.3 Subject to clause 4 you may: 

3.3.1 retrieve and display materials on the Website on a computer screen;

3.3.2 download and store in electronic form materials on the Website; and

3.3.3 copy and print one copy only of materials on the Website.

3.4 Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 4.2.2 is expressly prohibited.

3.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.

3.6 No licence is granted to you to use any of our trade marks or those of our affiliated companies.

3.7 You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.

4.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms as may be amended from time to time without notice to you.

4.2 Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website: 

4.2.1 for your own private use; or

4.2.2 to draw attention to the content of our website to members of your organisation. 

4.3 You must not:

4.3.1 download or print pages of the Website for commercial use other than use permitted by clause 4.2.2;

4.3.2 alter the content of any webpage you download or print; or 

4.3.3 use any images, videos or photographs on the webpage without the accompanying text.

4.4 You must: 

4.4.1 keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;

4.4.2 acknowledge us as the owners of the content of the Website;

4.4.3 erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and

4.4.4 destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.

4.5 You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.

4.6 We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law. 

4.7 We reserve the right to:

4.7.1 Make changes to the information or materials on this Website at any time 

4.7.2 Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party 

4.7.3 Refuse to post material on the Website or to remove material already posted on the Website

4.8 You may not use the Website for any of the following purposes: 

4.8.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material

4.8.2 Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy

4.8.3 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise   

4.8.4 Breaching any applicable local, national or international laws, regulations or code of practice

4.8.5 Gaining unauthorised access to other computer systems

4.8.6 Interfering with any other person's use or enjoyment of the Website 

4.8.7 Breaching any laws concerning the use of public telecommunications networks

4.8.8 Interfering with, disrupting or damaging networks or websites connected to the Website

4.8.9 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website

4.8.10 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation 

4.8.11 To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website

4.8.12 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner

4.8.13 Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website

4.8.14 To represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you

4.9 In addition, you must not: 

4.9.1 Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website 

4.9.2 Impersonate any other person or fraudulently provide us with incorrect information

4.9.3 Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it 

4.9.4 Attack the Website via a denial-of-service attack or a distributed denial-of service attack

4.9.5 Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website

4.9.6 Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website

4.10 A breach of clause 4.9 or 4.8 may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if: 

5.1 You breach these Terms (repeatedly or otherwise) 

5.2 You are impersonating any other person or entity

5.3 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity 

5.4 We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website

6.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

6.2 Any agreed link must:

6.2.1 Be to the Website's homepage and not to any other page on the Website

6.2.2 Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

6.2.3 Be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

6.2.4 Not suggest any form of association, approval or endorsement on our part where none exists

6.2.5 Not cause the Website or content on the Website to be embedded in or 'framed' by any other website

6.2.6 Not cause the content of the Website to be displayed differently from the way it appears on the Website

6.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

6.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done. 

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

7.1 The privacy practices of such websites

7.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources 

7.3 The use which others make of these websites

7.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

8.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

8.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).

8.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. 

8.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

8.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

9.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.

9.2 We cannot exclude or limit our responsibility to you for: 

9.2.1 Death or personal injury resulting from our negligence

9.2.2 Fraud or fraudulent misrepresentation

9.2.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987

9.2.4 Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015

9.2.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability

9.3 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:

9.3.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

9.3.2 Any loss of goodwill or reputation

9.3.3 Any special or indirect losses

9.3.4 Any loss of data

9.3.5 Wasted management or office time

9.3.6 Any other loss or damage of any kind

9.4 If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 9.2. 

9.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. 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 before using the Website. We are not responsible for unforeseeable losses.

9.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority. 

9.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party. 

10.1 We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Policy, which can be found at https://www.individualsc.co.uk/privacy-policy. 

10.2 In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our Privacy Policy, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only process it with your consent. Before receiving your information, we'll endeavour to provide the information required by the GDPR. 

11.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time. 

11.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.

11.3 These Terms are in English only. 

11.4 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.

11.5 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.

12.1 The Website is controlled and operated in the United Kingdom.

12.2 If you are a business, these Terms are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.

12.3 If you are a consumer, these Terms are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in either the courts of your home country or England and Wales.