Terms & Conditions

 

INTRODUCTION

1.         Ownership & Operation

Bermuda Motors – The Bermuda Company Limited (“we”, “our”, or “us”) owns and operates its web site (the “Web Site”).  We are a part of the Gibbons group of companies. 

2.         Terms of Use of this Website

2.1      The use of this Web Site including all information, software, products and services available from this Web Site or offered as part of or in conjunction with any service we offer, to you, the user, is conditional upon the acceptance of all of these terms and conditions and policies stated herein and is subject to these Terms of Use, Service and Repair Terms and Conditions, General Terms and Conditions and Acceptable Use Policy (collectively referred as the “Terms”). 

2.2      This Web Site is provided to you on an “as is” basis and without warranty of any kind either express or implied and use of the Web Site is at your own risk. 

2.3      Neither us nor any of our affiliate or subsidiary companies, nor any of their shareholders, directors, employees, agents (“Group”), third-party information providers, merchants, licensors or the like, warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free.  No agent or representative has the authority to create any warranty regarding the Web site on our behalf.  We reserve the right to change or discontinue at any time any aspect or feature of the Web Site.

2.4      If you have not already done, so please take some time to familiarize yourself with these Terms, which may change at any time without notice to you.  You should visit our page periodically to review the Terms because they are binding on you.  If you do not agree to the Terms you should immediately discontinue any use of the Web Site.  Your access to and continued use of this Web Site constitutes your acceptance of and compliance to these Terms and any changes to the Terms made by us.

 SERVICE AND REPAIR TERMS AND CONDITIONS

1.         Definitions

'Fee(s)' means the sum(s) which you pay us in consideration of the performance of the Service & Repair which shall include the parts and labour identified to you by us and any applicable taxes payable.

         ‘Claims’ means any written or oral claims, actions or demands for money or services or for any allegation of a breach in rendering or failure to render any services performed or which ought to have been performed.  Claims also includes claims connected to loss or damage to Vehicle or equipment or materials in or on the Vehicle, costs, penalties, fees and expenses (including legal and professional fees, charges or expenses).

‘Loss’ means all losses, Claims, damages, costs, fees, charges, penalties, expenses (including legal and professional fees, expenses and disbursements, costs of investigation, litigation, settlement, judgment and interest), lost revenue, loss of opportunity to make money, loss of contracts or for the inability to fulfill customer contracts, lost or damaged data or other commercial or economic loss, whether based in contract, tort (including negligence) or any other theory of liability or other loss not limited to those contemplated at the time of using our services and whether such loss or liabilities are direct, indirect, incidental, special or consequential;

'Service & Repair' means the services that we provide to you in relation to the Vehicle.

'Service & Repair Technician' means the person providing the relevant Service & Repair for and on our behalf.

'Service & Repair Quote' means the quote provided to you by us, and which may be confirmed in writing or email to you.  The Service & Repair Quote will set out the work you have asked to be carried out (and that we are offering to provide) and based upon information that you provide to us in relation to the Vehicle and the Fee(s) payable for that work.

'Service & Repair Work' means the work, including any parts, identified on the Service & Repair Quote.

'Vehicle' means the vehicle in relation to which you instruct us to carry out the Service & Repair.

'You' and 'your' means the person who is viewing or using our website and requests the provision of our Service & Repair.

2.         Service & Repair Descriptions 

2.1      Vehicle Repairs and Maintenance

(a)       What is included:

The parts and labour required to perform the repair or maintenance of the Vehicle as detailed in the Service & Repair Quote.

(b)       What is not included:

Additional parts and/or labour not detailed in our Service & Repair Quote and which are required to repair the Vehicle.

Note: In providing an Service & Repair Quote we will often have to rely on information provided by you in order to identify the repair(s) or maintenance required. Where, on or following arrival at the Vehicle, it appears in the Services & Repair Technician's reasonable opinion that additional labour and/or different or additional parts (not identified in the Service & Repair Quote and which could not have been reasonably foreseen by us on the information you provided) are required to repair or to carry out the maintenance of the Vehicle then we will be entitled:

(i)    not to start work and to charge an attendance fee (including applicable tax), or

(ii)  to stop work and to charge you a reasonable sum for any work carried out by us (subject to our minimum charge (including applicable tax).

If, for any other reason, the Service & Repair Technician establishes, on or following arrival, that the Service & Repair Work would not repair the fault found and requires a third party garage, no charge will be made.

2.2       Vehicle servicing

(a)     What is included:

The parts and labour required to service the Vehicle for the level of service requested and referred to in your Service & Repair Quote.

(b)     What is not included:

The cost of any additional parts and labour required to repair any faults or additional work identified during the service.

2.3      Tyre Replacement

(a)     What is included:

The cost of the tyre(s) fitted, and the labour required to fit the same, as identified on the Service & Repair Quote. The Fee(s) will also include balancing of the tyre(s) supplied and, unless you have asked to retain the tyres prior to their removal, disposing of any tyres replaced.

(b)     What is not included:

Wheel alignment. Wheel alignment is not included unless expressly requested and referred to in the Service & Repair Quote.

Please note:  If, on attendance, the Service & Repair Technician discovers:

(ii)       that you have provided incorrect information as to the tyre(s) required for the Vehicle, or

(ii)       that you cannot provide the appropriate locking wheel nut key for the removal of your wheels,

we will not be obliged to provide Service & Repair and will be entitled to charge you an attendance fee (including applicable tax).

Removal of wheels without appropriate locking wheel nut: You should be aware that if you cannot provide the appropriate locking wheel nut key and request that we try to remove the wheel without it, there is an inherent risk of damage to the locking wheel nut and/or the wheel.  If we agree to attempt a wheel removal, at your request and without the appropriate locking nut key, then this damage is at your risk and we, our agents or sub-contractors, shall not be liable for it.  This does not exclude our responsibility for damage beyond what is reasonably commensurate with the attempted removal of the relevant wheel (for example damage to other areas of the vehicle).

3.         Additional Work

The contract governed by these Terms is made between you and us.  If we agree to do any work for you not shown on the Service & Repair Quote, we will agree the charges with you beforehand and these Terms will apply where we undertake any work for you or on your behalf.

4.         Quote validity: Unless otherwise stated in writing, the Service & Repair Quote usually remains valid for 30 days from the date of the quote.  However, we reserve the right, prior to the commencement of the Service & Repair, to notify you of an immediate increase in the quote where this results from an increase in the cost of parts or other charges beyond our reasonable control.  In the event of an increase to your quote you will have the right at cancel at any time prior to our commencement of the Service & Repair Work

5.         Vehicle/Area Restrictions etc.: The Service & Repair is only available to repair certain vehicle faults, for certain makes and models of vehicle. You will be advised of these, if relevant.

6.         Hours of operation etc.: Subject to availability, Service & Repair operate seven at the times and hours as set out on our Web Site.

7.         Service & Repair Location: The location for the provision of the Service & Repair, as requested by you, must meet the requirements advised by us and, once agreed, cannot be changed unless otherwise agreed by the parties. You must ensure that you have any necessary permission(s) from the owner or occupier of the agreed location for the Service & Repair to be carried out there.

8.         Payment of Fee(s):  The Fee(s) can only be paid by cash, debit or credit card and, unless otherwise advised, will be payable on completion of the relevant Service & Repair Work.  

9.         Agents etc.:  The Service & Repair will be provided by us or our agent(s) or sub-contractor(s). We will only accept responsibility for the actions of an agent or sub-contractor where they are acting on our instruction and providing Service & Repair under these Terms.

10.      Parts Availability:  The parts which may be required to complete the Service & Repair Work are subject to availability and we will inform you as soon as reasonably possible if they are not available. In such circumstances we will be entitled to re-arrange the time and date of your appointment for the Service & Repair.

11.      Owner's authority:  Where you are not the owner of the Vehicle:

11.1   by instructing us to carry out the Service & Repair in relation to the Vehicle you warrant to us that you are authorised by the owner and registered keeper of the Vehicle to do so; and

11.2   You agree to hold us harmless, keep us harmless and defend us and make good on any losses, penalties, charges, costs or damages which we incur as a result of any claims against us by the owner or registered keeper of the Vehicle alleging that, or resulting from the fact that, you were not authorised to so instruct us and/or the provision by us of Service & Repair under your direction.

12.      Road tests:  We may give the Vehicle a short road test as part of the Service & Repair Work.

13.      Right to Cancel:  If you wish to cancel a Service & Repair appointment, please call us promptly.  If, with your agreement, we provide the Service & Repair Work before the end of the cancellation period, your right to cancel will end as soon as we start to provide the Service & Repair Work.

14.      Extent of Service & Repair:  We will carry out the Service & Repair Work described in under "What is included", as relevant for the service requested. No other services are included (for example, without limitation, those listed above under the relevant "What is not included" heading, or otherwise excluded under these Terms and Conditions).

15.      Warranty:  Subject to clause 17 below and in addition to your statutory rights as a consumer, we agree to correct, free of charge, any defect in the Vehicle which is caused by our faulty workmanship or any defects in the parts supplied provided that:

15.1   the defect arises and is reported to us within 3 months of the completion of the relevant Service & Repair Work; and

15.2   you arrange for the Vehicle to be inspected by us as soon as reasonably practicable after discovering the defect and you take all reasonable steps to reduce any damage which the faulty workmanship or defect may cause.

16.      This warranty does not cover any damage caused by your use of the Vehicle after discovery of the defect.

17.      This warranty will not cover defects arising from normal wear and tear, your error, your omission to act, your willful damage, negligence by you, negligence by any third party, use otherwise than as recommended by us or the Vehicle's manufacturer, failure to follow our or the Vehicle's manufacturer's instructions or any relevant alteration carried out without our approval.

18.      If we recommend work which you do not authorise us to do then this warranty will not cover any defect or damage arising as a result of that work not being done.

19.      This warranty is strictly limited to those works or service we carry out on your behalf under the Service & Repair and we will not accept any charges or other liability, for any repairs or service you have had undertaken by other garages/repairers. 

20.      This warranty does not apply to any tyres supplied or to any windscreen repairs carried out.

21.      Replaced Parts.  Save where the Service & Repair Quote indicates that you are to retain a replaced part, we will be entitled to retain, to dispose of and to benefit from all replaced parts. In addition, where the following replaced part(s) are in such a condition that we cannot submit the same for reconditioning without paying a supplement we will be entitled to charge you a supplement, the amount of which will be advised in the relevant Service & Repair Quote: parts affected: drive shaft; alternator; starter motor.

22.      Rights to refuse service

We have the right, at any time, to refuse to provide or arrange service of whatever nature where it reasonably considers that:

22.1   You or anyone accompanying you is behaving or has behaved in a threatening or abusive manner to any of our employees, agents or contractor; or

22.2   You have falsely represented that you are entitled to services that you are not entitled to; or

22.3   You have assisted another person in accessing our services to which you or they are not entitled; or

22.4   You owe us money or have no ability to pay with respect to any services, spare parts or other matters provided or to be provided by us or by a third party on our instruction; or

22.5   the circumstances surrounding the vehicle, for example its location, are such that provision of the services would, in our reasonable opinion, involve any breach of the law or of the rights of any third party, or there is a reasonably foreseeable health and safety risk to a third party or to any of our employees, agent or sub-contractor who is involved in providing the services & repair or where there is the potential for harm or damage to the environment; or

22.6   the vehicle is in a dangerous, over-laden or un-roadworthy condition.

23.      Matters outside of our reasonable control

While we seek to meet the service needs of our customers at all times, our resources are finite and this may not always be possible.  We will use all reasonable endeavours to complete the Service & Repair Work within the time estimates given to you.  We will inform you of any delay as soon as reasonably practical.

24.      We shall not be liable for any failure where such failure results from circumstances outside of our reasonable control.  Events which constitute circumstances outside our reasonable control include, but are not limited to, acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of government or authority (including the refusal or revocation of any licence or consent), fire, subsidence, explosion, flood, snow, fog, hurricane, storms or other bad weather conditions, vehicle, equipment or systems failures, shortages of fuel or other necessary supplies, failure of telecommunications lines or systems, default of suppliers or subcontractors, theft, malicious damage, any refusal of access to (or inability to access) the agreed location for carrying out service & repair, strike, lock out or industrial action of any kind.

25.      If weather conditions mean that either a) it is not safe for us to provide a Service & Repair Technician to complete the Service & Repair, or b) our Service & Repair could not reasonably be carried out to required standards, then we reserve the right to rearrange an appointment.  In these situations, you will be given as much notice as possible.

26.      Possible affects of service & repair on 3rd party warranties

If you have the benefit of a warranty in respect of a vehicle from another company (e.g. a manufacturer's warranty or another repairer's warranty) the carrying out of our service & repair work may affect your rights under that other warranty.  You should check, and will be deemed to have checked, the terms of any such warranty you may have before instructing us to carry out any service & repair work. We and our agents or sub-contractors will not be responsible for the effect of the work on any other warranty you may have.

27.      For the avoidance of doubt, nothing in these Terms shall exclude or restrict our liability for negligence resulting in death or personal injury, or any other liability which cannot be lawfully excluded or restricted.

GENERAL TERMS AND CONDITIONS

28.      Disclaimer

28.1   While we make efforts to present accurate and reliable information to you as part of our services and as available on this Web Site, we do not endorse, approve or certify such information nor do we or any third parties, provide any warranty or guarantee as to the accuracy, efficacy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Web Site for any particular purpose and we will not be liable to you as a result of your reliance on any of our information. Use of such information is voluntary and reliance on it should only be undertaken after you have conducted an independent review of its accuracy, completeness, efficacy and timeliness.

28.2   Forms: While we can assist you in completing any forms e.g. insurance or financing forms, you will remain fully responsible and liable for all consequences related to information that you are required to provide or omit to provide, to any person in regards to any forms that you are required to complete.

29.      No Representations or Warranties

We assume no obligation to update the Content of this Web Site, advise on further developments concerning topics mentioned or update the functionality of the services that we provide.  The information contained on this Web Site may contain typographical errors.  The Content and services contained in this Web Site and provided by us are on an “as is” basis without any representations, warranties or conditions of any kind, whether express or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement.  Further, no representations or warranties are made concerning the accuracy, completeness, timeliness or reliability of any Content or services, or of any information contained in any site linked to this Web Site.  If you use this Web Site from other jurisdictions, you are responsible for compliance with applicable local laws.  The fact that information or services are shown on this Web Site does not necessarily mean that:

(i)        You should rely on the information.

(ii)       our services are suitable for you.

(iii)     our services are still available.

29.1   We do not warrant or guarantee uninterrupted access to the Web Site, any site linked to this Web Site or to the availability of internet e-mail links provided on the Web Site. In no event shall the Group, licensors or internet service provider(s) (collectively “representatives”) be liable to you or any third party for any Loss. The foregoing limitation shall apply even if we or our representatives have been advised or should have known of the possibility of such damage.

30.      Indemnification and Limitation of Liability

30.1   Your use of any information, materials or service provided by us or available on this Web Site is used entirely at your own risk, for which we shall not be liable and you shall indemnify, keep indemnified and defend us against:

a)     any Claims or Loss arising from any breach by you or any person acting on your behalf;

b)    any Claims or Loss from a third party as a result of negligent act, errors, omission or wilful misconduct by you or any person engaged by you.

30.2   It shall be your own responsibility to ensure that any products, services or information available through this Web Site or as provided to you by us, meet your specific requirements. 

30.3   Other than the warranty contained in the Service Repair Terms and Conditions,  we make no other warranty, express or implied, relating to our services including but not limited to any warranty or merchantability and fitness for a particular purpose are hereby expressly disclaimed and we disclaim any other express, implied, or statutory warranties, including warranties of quality, title, non-infringement, merchantability, fitness for a particular purpose breach of contract, negligence, misrepresentation, misstatement, strict liability or otherwise and whether based on any provision of these Terms or any other agreement between the parties relating to the services or any other transaction performed or undertaken under or in connection with these Terms.  Our aggregate liability for actual damages regardless on the form of action shall be limited to $50. 

31.      Exclusion of liability for loss of profit

We, and our agents or sub-contractors, shall not be liable to you for any Claim or Loss caused by us, our employees, agents or sub-contractors where a) there is no breach of a legal duty owed to you by us or our employees, agents or sub-contractors; b) such Claim or Loss is not a reasonably foreseeable result of such a breach; or c) any Claim, Loss or any increase in the same, results from any breach or omission by you.  We, our employees, agents or sub-contractors shall not, in any event, be liable for any Claim or Loss.

32.      Enforcement of Terms

32.1   Failure to enforce or non-reliance on any of these Terms on a particular occasion or occasions will not prevent us from subsequently relying on or enforcing them.

32.2   Save for our sub-contractor's or agent's being entitled to rely on, or enforce, any provision in these Terms that expressly refers to such sub-contractors or agents, none of these Terms is enforceable by anyone else other than you and us.

33.      Use of personal information

         We reserve the right to provide details of the Service & Repair provided to you to:

33.1   the owner and/or registered keeper of the Vehicle (if not you);

33.2   our customer (whether an individual or organisation (corporate or otherwise)) under any breakdown assistance contract relevant to the Vehicle (if not you); and/or

33.3   the individual or organisation (corporate or otherwise), if any, which arranged for you to receive assistance in relation to the Vehicle under any breakdown assistance contract.

33.4   In addition, information you provide or we hold (whether or not under these Terms) may be used by our employees or agents and by the Group to, amongst other things:

(a)       identify you when you phone us;

(b)       help us detect fraud or loss;

(c)       write, phone, email or SMS you with information about other services and products the Group or its partners offer. You will not be contacted in this way if you have previously told us not to do so.

34.      Intellectual Property Rights and Copyright

34.1   This Web Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this Web Site which are not the property of, or licensed to, the operator are acknowledged on the Web Site.  Unauthorized use of this Web Site may give rise to a claim for damages and/or be a criminal offense.

34.2   All material on the Web Site, including text, publications, newsletters, articles, opinions, views, graphics, images, HTML code, all software, Java applets, Active X controls and other code as multimedia clips, and the selection and arrangement of information (the “Content”), are protected by copyright and other intellectual property laws under both Bermuda and foreign laws.

34.3   From time to time this Web Site may also include links to other websites.  These links are provided for your convenience to provide further information. They do not signify that we endorse those other website(s).  We have no responsibility for the Content of the linked website(s).

34.4   Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. Unauthorized use of the Content may violate copyright, trademark, patent and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of it.

34.5   None of the material or Content contained on this Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. Violation of this provision may result in severe civil and criminal penalties.

35.      Extension of Defences

         Every right, including right to be indemnified, exemption from liability and defense of whatsoever nature applicable to us or to which we are entitled hereunder extends to and for the benefit of our directors, officers, employees, agents, shareholders, affiliates, suppliers (including any party involved in creating, producing or delivering the web Site or the Content), successors and assigns.

36.      Confidentiality

The internet is not a secured medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception, hacking and forging. We will not be responsible for any loss, interruption or damage you or any third party may suffer as a result of the transmission of confidential information that you make to any third party through the internet e-mail links provided on this Web Site.  We are not responsible for any errors or any changes made to any transmitted information. Should you decide to transmit information using internet e-mail links, you do so at your own risk.

37.      Computer Viruses

While we make efforts to ensure that all Content and services provided on this Web Site do not contain computer viruses of any nature or kind, you are responsible to take the appropriate precautions to scan for computer viruses, update your computer security and to ensure that you have a complete and current back up of the applicable items contained on your computer system.

38.      Miscellaneous Terms

38.1   Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Web Site, and you agree to abide by such other terms and conditions.

38.2   If we take any action to enforce these terms and conditions, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.

38.3   We may at any time modify these Terms, and your continued use of this Web Site will be conditioned upon the Terms in force at the time of your use. Accordingly, you agree to review these Terms periodically, and your continued access and/or use on this Web Site shall be deemed your acceptance of the changed terms.

39.      Interpretation, use of language and Governing law

39.1   The headings used in these Terms are for convenience only and shall not affect the interpretation of their contents.

39.2   Any disputes arising out of or related to the Web Site or services shall be governed by and construed and enforced in accordance with, the laws of the Bermuda applicable to contracts entered into and to be performed entirely within the islands of Bermuda. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.  All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Web Site or services, shall be resolved individually, without resort to any form of class action. 

ACCEPTABLE USE POLICY - WHAT YOU MUST NOT DO OR COMMUNICATE

1.          You must not violate this Acceptable Use Policy.  Any violations of this Acceptable Use Policy may mean suspension, restriction or termination of your eligibility to access the Web Site and to use our services.

2.          Without limiting the generality of the foregoing, you must not post, upload, publish, reproduce, transmit or otherwise distribute any material or content on the Web Site that:

(a)        is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability;

(b)        you do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute;

(c)         passes off or infringes any copyright, trade mark, patent or other intellectual property right of another person;

(d)        is in contempt of any legal proceedings;

(e)        impersonates any person or misrepresents your relationship with any person or authority;

(f)         contains unsolicited or unauthorized advertising;

(g)        contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; or

(h)        interrupts or interferes with or adversely affects any software or hardware or use of the web Site or the internet by others or us.

You must also not use the Web Site:

A.        in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the service in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907 or the Proceeds of Crime Act 1997; or

B.         to access, or enable others to access, parts of the Web Site or content to which you are not authorized to access, including the personal information of other users of the Site.

2.         Security Safeguards & Confidentiality of Communications

2.1      Please note that communications sent over the internet, particularly unencrypted e-mail, are subject to possible interception, loss, change or forging.

2.2      We will not be responsible for any Loss you may suffer from the transmission of confidential information that you make to us or any third party, or request us or any third party to make to you through the e-mail links provided or addresses given on the web Site.  We are not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is made at your own risk.

3.         Links to Other Sites

The Web Site may contain links to other sites as well as e-mail links. These links are provided solely as a reference to help you identify and locate other internet resources that may be of interest to you. These other sites were independently developed by third parties and we assume no responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another website does not imply endorsement by us. Any mention of another party or its product or service on the Web Site should not be construed as an endorsement of that party or its product service. If you decide to access linked third party web sites, you do so at your own risk.