Terms and Conditions

Terms and Conditions for Website use and Business dealings with CNB Motor Engineering / Chandraseka Bholah (referred to as CNB MOTs)

Last updated: 12th September 2020

Premises – The main physical location of CNB MOTs, namely The Barn (Unit 1), Castle Ln, North Baddesley, Southampton SO52 9LY.

Legal Intention –

1. CNB Motor Engineering, also known as CNB MOTs is the business name for Chandraseka Bholah (self-employed). All correspondence should be addressed to The Barn (Unit 1), Castle Ln, North Baddesley, Southampton SO52 9LY.

2. These terms and conditions apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. All users will be referred to as the Customer for the remainder of these terms and conditions.

3. These terms and conditions should be read before engaging in any Business with us, including when booking through the Website and when agreeing for work to be undertaken elsewhere. This includes, but is not limited to, when agreeing for work to be undertaken in-person at our Premises.

4. In the event of any contradiction or inconsistency between these terms and conditions and any other terms created and endorsed by CNB MOTs, these terms and conditions shall prevail.

5. These terms and conditions are intended to be a legal contract between the Customer (“you”, “your”, “yours”, the “Customer”, “his”, “her”), and us, the Garage, CNB MOTs and its employees and agents (“us”, “we”, “our”, the “Garage”).

6. Words importing any gender include every gender, words importing the singular include the plural and vice versa, and words importing persons include firms, companies and corporations and vice versa.

7. Any legal disputes are to be decided within the legal jurisdiction of England and Wales. An independent arbitrator must be appointed before entering into a legal dispute.

8. The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.

Introduction –

9. CNB MOTs are a Garage based in North Baddesley, Southampton, Hampshire, who conduct repair work on all classes of vehicles and MOT tests for Class 4 vehicles (cars). Our Premises is based at The Barn (Unit 1), Castle Ln, North Baddesley, Southampton SO52 9LY. Our vision is to ‘To ensure every vehicle in Hampshire is maintained to an excellent standard, helping keep every vehicle, driver, passenger and member of public safe.’

Applicability –

10. CNB MOTs offer this Website, including all information, tools and services available conditional upon your acceptance of these terms and conditions. By visiting our site and/or booking Business through our Website or any other means, you agree to be bound by these terms and conditions.

11. Should you disagree or object to any clauses within these terms and conditions (including any subsequent amendment or modification), please do not use the Website and do not engage in Business with CNB MOTs.

Website Content –

12. CNB MOTs will endeavour to ensure that this Website is available online with minimum disruption. There may be occasional and variable periods of time when the Website become unavailable or dysfunctional due to reasons including unforeseen technical problems, malicious or criminal actions. CNB MOTs do not commit to ensuring that the Website remains available.

13. CNB MOTs accepts no responsibility or liability whatsoever for any claim, loss, damage, injury or inconvenience whatsoever whether direct, indirect or consequential and howsoever sustained or caused as a result of the Website being temporarily unavailable at any time.

14. To the fullest extent permitted by law, CNB MOTs:

14 (a). Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or CNB MOT’s literature; and

14 (b). Excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised CNB MOTs of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

15. CNB MOTs reserves the right to make any amendments or alterations to the Website, including but not limited to the specifications, fees, rewards and special offers contained within the Website. Amendments are permitted by CNB MOTs with or without notice or announcement.

16. These terms and conditions may change over time. It is the Customer’s responsibility to periodically review these terms and conditions. Any dated information that may be included in the content of this Website is published as of its date only. CNB MOTs will not have any obligation or responsibility to update or amend the information or for the accuracy of any information on the Website.

Business booked through the Website –

17. It is the Customer’s responsibility to ensure that all information is accurate, correct and complete when making a booking for Business through the Website. CNB MOTs reserves the right to refuse or charge additional fees where the booking has been made inaccurately. This includes but is not limited to, the wrongful booking of an MOT as a commercial vehicle, as defined by CNB MOTs, under a private vehicle.

18. It is the Customer’s responsibility to ensure that any email correspondence, including confirmation of Bookings are received and are not sent to their junk email folders. CNB MOTs recommends the Customer checks their junk email folder after making a booking.

Online payment –

19. Bookings and payments made through this Website are hosted by Wix.com LTD, registered at 40 Namal Tel Aviv, 6350671 Israel. By reference to support.wix.com, the Wix Bookings checkout process is secured by HTTPS/SSL technology and offers the highest level of security, PCI DDS Level 1. For further information regarding online payments, please refer to Wix.com.

20. All other content (i.e. not payment information made through Wix Bookings) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Vehicle transportation –

21. It is the Customer’s responsibility to arrange any transportation, pick up or delivery (possibly including any costs) to and from the Garage, unless otherwise agreed between CNB MOTs and the Customer.

Premises –

22. To the fullest extent permitted by law, CNB MOTs accepts no responsibility regarding the loss or damage to personal property of any person (including Customers) within or in the vicinity of the Premises of CNB MOTs. All persons enter the premises at their own risk.

Booking Cancellations and Amendments –

23. If the Customer needs to make a cancellation or amendment, he or she must do so by speaking and agreeing with CNB MOTs with at least 24 hours’ notice. Please speak with a member of staff over the telephone (see our contact information).

24. Cancelling with at least 24 hours’ notice will entitle the Customer to a full refund of the fee paid. If the Customer cancels their booking within 24 hours from the booking time, the Customer will not be entitled to receive a refund.

Right to refusal –

25. CNB MOTs will endeavour to honour your booking(s) but we reserve the right to refuse service to anyone, for any reason at any time. This includes when booking availability has mistakenly been indicated.

26. It is the responsibility of the Customer to ensure that they arrive on time for their booking. It is recommended the Customer arrives 15 minutes before the booking time.

27. If you arrive late to the booking time, CNB MOTs reserve the right to refuse to carry out the Business booked without a refund.

Repairs –

28. CNB MOTs will endeavour to make accurate Estimates for any work that has been agreed for completion. These Estimates are not a quotation and CNB MOTs are not obligated to honour any Estimate provided to the Customer.

29. Our fees will be calculated after the agreed Business has been completed by reference to the time spent by CNB MOTs dealing with the matter, as well as any additional costs, such as materials. CNB MOTs reserves the right to alter fees. This includes in order to meet any variation(s) in price, whether that be due to an increase in materials, wages, or cost from any other cause outside of CNB MOTs reasonable control.

30. Where general authorisation for work has been agreed by the Customer, CNB MOTs will endeavour to inform the Customer of any additional work (including time and materials) is required but are not under an obligation to do so. Should any additional work or materials be found necessary in the course of the agreed Business, it will be necessary to charge additional fees, as appropriate.

31. During the course of any Business undertaken, CNB MOTs may be required to use the customer’s vehicle outside of the regular Premises, including on any road or public highway. These terms and conditions authorise CNB MOTs to do so, for such purposes in connection with the Business undertaken.

Estimated Completion times –

32. CNB MOTs will endeavour to provide the customer with an estimation of time for the completion of any Business. These are estimations only and CNB MOTs cannot accept responsibility for any delays, whether within or outside of CNB MOTs reasonable control.

Payment of fees for any Business undertaken –

33. Payment for all fees owed to CNB MOTs by the customer must be paid in full before the customer can take possession of the vehicle. This includes any additional fees that exceed the Estimates provided before any work was undertaken.

Legal lien –

34. The customer acknowledges that CNB MOTs has a legal lien upon any vehicle(s) left with CNB MOTs until all fees are paid in full. This includes but is not limited to: the costs of all Business undertaken including Repairs, MOTs, Servicing, the cost of labour, sourcing and purchasing materials (including parts and components) and storage costs of the customer’s vehicle(s).

Storage costs –

35. On completion of the works requested, if the customer does not collect their vehicle within 10 working days, CNB MOTs reserves the right to apply a reasonable, additional daily fee for the storage of the vehicle(s). This fee is currently £15 per day. Such fee will remain payable in full before the vehicle(s) is released from legal lien, as mentioned in the clause above.

36. Upon reasonable attempts of notification by CNB MOTs to the customer that his or her vehicle is being charged additional storage fees, a further release fee may be applicable if the duration of storage of the vehicle(s) exceeds three calendar months.

37. Any vehicle(s) which is not collected by the customer after exceeding three calendar months, regardless of whether (part or full) fees have been paid or not, a final reasonable attempt will be made by CNB MOTs to notify the customer. After such notification or reasonably attempted notification is made, CNB MOTs reserves the right to sell the vehicle(s). Proceeds from the sale will be used to recover all fees owed to CNB MOTs. Where the fees are not recovered in full from the sale of the vehicle(s), legal proceedings may be initiated.

Warranties and liabilities -

38. CNB MOTs is subjected by law, to a number of requirements. This includes but is not limited to our responsibility and liability as an MOT station and authorised examiner under the Motor Vehicles (Tests) Regulations 1981 (SI 1981 No 1694) as amended.

39. Nothing in these terms and conditions shall:

39(a). Exclude or restrict our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation; or

39(b). Affect your statutory rights if you are transacting as a consumer.

40. Subject to the clause above, CNB MOTs entire liability shall be capped at the fees paid by you for any Business undertaken. In no event shall we be held liable to you for any special, indirect or consequential damages, loss of profits or goodwill.

Breaches by the customer –

41. Without prejudice to the other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach. This includes suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Intellectual property –

42. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of CNB MOTs unless otherwise stated. Except as explicitly provided herein, nothing in these terms and conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

For further information –

43. Please speak with a member of staff at our Premises or contacting us via telephone.