Terms and Conditions
Terms & Conditions
- "We/our/us" are Elite Inspections Ltd and Elite Forensic Services Ltd, Ardroi, Church Road, California, Falkirk, FK1 2BD.
- "You" are an Elite Inspections customer who books a vehicle inspection ("the Inspection") (which may consist of an: Pre-Purchase, Dispute, Expert Witness, Fire Investigation, Component Failure or Court Appearance as the case may be)
- These terms and conditions, and our service to you are governed by Scottish Law.
- To ensure service quality, your telephone calls to and from us may be monitored and recorded.
Fees and Cancellation Charges
- You will be required to make full payment at the time of booking, either by credit, debit card or bank transfer in advance of the Inspection/Court appearance.
- You may cancel your Inspection in writing (email) at any time within 3 working days beginning the day after the date on which you have made a booking, except
- Where we have carried out a Car Data Check, we will deduct the cost of the check from the Inspection fee and refund the balance to you; and
- Where you cancel the inspection or the inspection/Court appearance is terminated within 3 working days (5 working days for Court) of the previously agreed timeframe (Monday to Friday) and in such circumstances, you will not be entitled to any refund.
- Elite Inspections may at their discretion agree if the inspection has been terminated within 5 working days period to arrange for another inspection to be carried out on the same or alternative vehicle within a 60 day period of the original inspection date but all Court appearance fees and expenses are non refunfable.
- If you wish to cancel please telephone Elite Inspections on 0800 288 9048 during working hours or email; firstname.lastname@example.org
- Our staff and contractors will use reasonable skill and care when providing the vehicle Inspection service.
- We cannot accept liability for defects not reasonably apparent in vehicles which have been subject to abnormal use which is not apparent during our Inspection and is not drawn to our attention. You accept that such vehicles are may be more prone than usual to latent defects.
- You agree that a lack of defect in any part of the vehicle at the time of the Inspection does not constitute a warranty or guarantee of durability in any part of the vehicle, nor is it a guarantee against defects arising in the future.
- If you are dissatisfied with any aspect of your Inspection or the services provided to you by Elite Inspections, please bring your complaint to our attention as soon as you can (if possible within 28 days) of becoming aware of it. If you have any dispute or query with our written report ("Report"), you agree to offer us the right to re-examine the vehicle before you carry out any repair or rectification work on the vehicle. This does not affect your statutory rights to take legal action or exercise any other legal remedy. Complaints should be made in writing to, Elite Inspections Ltd, Ardroi, Church Road, California, Falkirk, FK1 2BD.
- We reserve the right not to carry out or to continue with a vehicle Inspection if anyone behaves in a threatening or abusive way to our staff or contractors, or if the vehicle is situated in an unsafe or unsuitable position. In these circumstances, you will not be entitled to any refund.
- We will not be responsible for any unforeseeable losses, losses that were not caused directly by us or for any business losses. This does not reduce your statutory rights to claim compensation in relation to the services we provide.
- We will not be liable for any delay or failure to carry out the Inspection service if we are prevented from doing so in circumstances beyond our reasonable control including, without limitation, acts of God; legal restrictions which prevent us attending the vehicle; industrial dispute or severe weather conditions.
- It is your responsibility (unless otherwise agreed by ourselves) to notify the vendor of the date and location of our visit and the requirements as set out in paragraph 24 below and obtain any necessary consents. Failure to do so may mean that the Inspection cannot be carried out in full or in part on the date booked and we have the right to charge the full fee.
- We will carry out a vehicle Inspection and provide a Report of our findings to you. Our inspection consists of a visual, external check on the vehicle you have registered to be examined and does include a fault diagnosis and any dismantling or removal of parts (if allowed by the vendor). A road test is included in the inspection if safe to do so, we will conduct a road test of up to ten miles, which will be carried out within the local speed limits.
- Due to the visual nature of our Inspection, it may not be possible to carry out all checks in all cases. In the event that we are unable to carry out any element of the Inspection due to circumstances beyond our reasonable control or because you have not carried out your responsibilities under paragraph 24 below, we will not refund any part of the Inspection fee. Provided that where we have been unable to carry out the entire Inspection and we reasonably consider, at our sole discretion, that this was due to no fault on your part, we may offer to carry out the Inspection on an alternative date at no additional cost.
- We may analyse, dismantle or remove any part or component or mechanism from the vehicle when carrying out the Inspection (unless previously discussed) and therefore we do not accept liability for defects which arise in any part of the vehicle which is not included in our Inspection, or not reasonably apparent or capable of identification at the time of Inspection, nor for latent defects which are later discovered, nor for defects which arise after the
- Inspection if they were not reasonably detectable at the time the Inspection was carried out.
- Your Inspection does not replace manufacturer or other servicing or maintenance requirements or any legal checks (including without limit LOLER & MOT). Your vehicle will not be checked for compliance with
- Construction and Use Regulations nor with the requirements of qualified bodies such as DPTAC). Your Inspection does not include stress or weight tests on any part of your vehicle including, without limit: seat fitting, belt, strap, grab rails, mountings, harness or adaptation, or their security. We do not examine tail lifts or fire extinguishers or their functionality or the contents of first aid kits. A thorough inspection of tail lifts is required under the Lifting Operations and Lifting Equipment Regulations (LOLER) every six months and you must arrange for this specialist inspection to be carried out by a competent person.
- We are unable to verify the accuracy of the vehicle's mileometer reading and can merely report the mileage reading.
- We will send by electronic e-mail a Report of the findings of the vehicle Inspection normally within one working day of the Inspection.
- To carry out the Inspection we require, and it is your responsibility to arrange (unless previously agreed by us) the following (and you agree that if you fail to arrange for these to be available it may restrict the scope of the Inspection and that the full Inspection fee will remain payable):
- The keys to the vehicle
- Sufficient fuel for the Road Test.
- The vehicle will be located on a hard, level surface off the public highway - if this is not possible, the Inspection may be restricted.
- The vehicle must be present at the address of the Inspection as provided at the time of the booking and ready for inspection.
- For the best results the use of a hoist or pit. (If neither is available we will use a jack but the Inspection may be restricted) classic, high performance, prestige and vehicles over 15 years old will normally require the use of a jack or pit at all times.
- Please notify us at the time of the booking, if the vehicle is convertible, over 7 years old, a prestige/classic or high performance vehicle, or a modified or non-standard vehicle, imported vehicle or a 4x4. (Failure to do so may result in our being unable to carry out the Inspection either in full or part). If we are required to use a ramp to enable us to carry out the Inspection, We reserve the right to pass any additional charge on to You.
- Inspection during daylight hours in good weather conditions. Poor weather conditions or visibility may mean the Inspection is restricted.
- The vehicle to be in a reasonably clean condition.
- The vehicle to be in a roadworthy and driveable condition.
- A valid MOT Certificate (where applicable) and the vehicle's DVLA registration documents should also be available for inspection.
- Any dates discussed with you for the carrying out of the vehicle Inspection and production of our Report will be estimated dates only and not a guarantee of such dates.
- A verbal report may be included as part of your Inspection. In this case, our Examining engineer will use reasonable endeavours to give the verbal report to you before 7.00pm on the day of the Inspection. In the event of any discrepancy between the content of our Report and any verbal report, the Report will prevail.
- We can only examine vehicles up to 7.5 tonnes gross vehicle weight.
- No inspection will take place of the internal fittings or the workings of the roof hatch of a campervan (unless previously discussed). Vehicles should be unladen for the purposes of the Inspection.
- The agreement to carry out the vehicle Inspection and the content of the Report are personal to you and cannot be used, relied upon nor transferred to anyone else without our advance written consent. We accept no liability to any third party. You agree that you will make no representation to the contrary and that you will advise third parties accordingly.
- If a Car Data Check is included in your vehicle Inspection, it will check on the following registers:
- Plate Transfer Register since 1990
- Outstanding Finance Register
- Vehicle Condition Alert (VCAR) (Vehicle write off ) Register
- Condition Inspected Register (vehicle previously written off and repaired to a standard considered safe by AUTOLINE)
- Date of first registration in the UK
- Stolen Vehicle Register
- Security Watch Register
- Vehicle Identity check
- Register - make, model, colour, engine size and number, where recorded (records of VIN number are not available).
- All vehicle dispute/litigation and Expert Witness Report inspections will be discussed in a seperate process from that of our Pre-Purchase Inspection conditions as listed above.
Terms of Engagement
1.1 Consultant will be able to commence work for Client upon receipt of a retainer.
1.2 Consultant agrees not to accept instruction from any other party involved in this case or matters relating to this case for two (2) weeks after he is verbally retained, or upon acceptance of the retainer set forth below. Should these two (2) weeks lapse without receipt of a retainer, Consultant is free to accept work from any other party.
2. Services to be performed
2.1 Consultant agrees to perform consulting and / or expert witness services as requested by Client and in connection with such services agrees to perform such investigation, document preparation, review, studies and research so as to be able to consult with Client and / or advise Client as an expert witness with respect to Consultants findings. Consultant agrees to verbally report his facts, conclusions and findings to Client and, if desired by Client or directed by Court, Consultant will prepare written reports and cause them to be delivered to Client. Consultant also agrees to assist in trail preparation and to testify as an expert witness in those areas in which he is qualified.
2.2 The scope of Consultants work will be determined as the matter proceeds, and will be subject to the requests and needs of Client. Consultant and Client both agree that Consultant will be performing such services to this agreement as an independent contractor.
2.3 Upon request, Consultant will provide an estimate of the time and costs required to perform the work outlined by Client. Should it become apparent to Consultant that he will need to exceed the estimates provided to complete his work, he will provide Client with a revised estimate and shall proceed only after being granted permission by Client.
3.1 Consultant agrees to retain all non-public information obtained from Client as confidential and agrees not to release or discuss any of such information unless Consultant has obtained the prior consent of Client or is otherwise forced, compelled or required to disclose this information by law or the intervention of any applicable government authority.
4.1 A retainer of £2000.00 is normally charged at the commencement of this agreement. This amount is a non-refundable minimum fee charged. Billings for subsequent services performed or expenses incurred will be charged against the retainer until such time as it is exhausted.
4.2 Fees in respect of on site vehicle inspection will be billed to the Client by the hour at a rate of £200.00 Time is billed from when Consultant leaves his office until the time of return.
4.3 All work including research, report preparation, discussions with Client's legal representatives, and use of Consultants support staff will be billed at £150.00 per hour.
4.4 Travel expenses will be billed at a rate of £01.10 per mile.
4.5 Permission to use Consultants name, or in any way indicate that he is an Expert Witness or Consultant for Client's side of the case, either informally or formally with other parties, is not granted until the retainer has been paid.
4.6 Notwithstanding the agreement of Consultant to invoice Client at an hourly rate for services performed, the following minimum fees will be in accordance with the following schedule:
4.6.1 Attendance at a deposition either to assist Client or to testify as an expert witness - £1200.00 per day.
4.6.2 Attendance in Court to assist Client, testify as an expert witness, or while waiting at Court for an opportunity to testify or assist Client - £1200.00 per day
4.6.3 The above are minimum billings and if actual time spent results in an amount due which exceeds these minimum's, then the actual amount will be due.
4.6.4 Fees and rates once established for an assignment, will not be increased for that assignment even though fees or rates may increase for new assignments for a period of one year.
5.1 Miscellaneous expenses, including telephone calls, emails and postage are charged at cost.
5.2 No travel expense will be billed while in Consultants local area.
6.1 Invoices will be tendered at the end of service. A detailed breakdown will be provided in respect of each charge. Payments made out to Elite Inspections Ltd or Elite Forensic Services Ltd are due on presentation following the invoice date. Late charges at a rate of 19.5% per month will be added to bills not paid within 15 days.
6.2 Payment of all fees and expenses is the responsibility of the Client notwithstanding Client's relationship with third parties, contingency arrangements, subrogation, etc. As a convenience, Consultant may agree to prepare separate billing for a solicitor taking Consultants discovery deposition, but the responsibility for payment remains that of Client. Failure to include a chargeable item in one billing shall not constitute a waiver of the right to assess the charges in a subsequent billing.
6.3 Queries concerning invoices and requests for adjustments or corrections must be submitted within 15 days after date of the billing in question.
7.1 This agreement may be terminated by Client upon fifteen (15) days written notice for any reason. Upon termination of Consultants services by Client, Client shall immediately pay all fees and expenses incurred by Consultant, subject to receipt of an appropriate invoice.
7.2 Consultant may terminate this agreement upon fifteen (15) days written notice if payments are not made within 30 days of the date invoices are delivered. This does not relieve Client in any way from payment for services rendered or expenses incurred.
8. FORCE MAJEURE
8.1 The parties agree that any action which is required to be filed to enforce the terms of this agreement may be filed in Falkirk Sheriff Court, but this shall not preclude either party from bringing an action in any other county which represents the proper venue for such an action.
8.2 In the event that either party is required to retain the services of a solicitor to enforce the provisions of this agreement, then in such case the Client agrees to pay reasonable solicitors fees and all costs and expenses incurred by Consultant including collection costs, provided that Consultant is the prevailing party in said matter either by settlement, litigation or otherwise.
9. GOVERNING LAW
9.1 All actions arising out of the performance of this agreement shall be governed by the laws of Scotland.