01793 752 195

Cotswold Classic Car Restorations is conveniently situated on the edge of the Cotswolds near the market town of Cirencester and is an experienced car restoration company dedicated to producing the highest quality restored automobiles in the world.

Please contact us to make an appointment.

Please note always leave more than one contact detail to help us ensure we can return your enquiry.

 

sales@cccrestorations.co.uk

2015 TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

The Customer's attention is particularly drawn to the provisions of clause 8

1. INTERPRETATION

1.1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in 

London are open for business.

Charges: the charges payable by the Customer for the supply of the Services in 

accordance with clause 5.

Commencement Date: has the meaning set out in clause 2.2.

Conditions: these terms and conditions as amended from time to time in accordance 

with clause 12.7.

Contract: the contract between the Supplier and the Customer for the supply of 

Services in accordance with these Conditions.

Customer: the person or firm who purchases Services from the Supplier.

Deliverables: the deliverables set out in the Order produced by the Supplier for the 

Customer. 

Intellectual Property Rights: patents, rights to inventions, copyright and related 

rights, trade marks, business names and domain names, rights in get-up, goodwill and 

the right to sue for passing off, rights in designs, database rights, rights to use, and 

protect the confidentiality of, confidential information (including know-how), and all 

other intellectual property rights, in each case whether registered or unregistered and 

including all applications and rights to apply for and be granted, renewals or 

extensions of, and rights to claim priority from, such rights and all similar or 

equivalent rights or forms of protection which subsist or will subsist now or in the 

future in any part of the world.

Order: the Customer's written acceptance of the Supplier's Order. 

Services: the services, including the Deliverables, supplied by the Supplier to the 

Customer as set out in the Specification.

Specification: the description or specification of the Services provided in writing by 

the Supplier to the Customer.

Supplier: Cotswold Classic Car Restorations Limited registered in England and 

Wales with company number 08049199.

Supplier Materials: has the meaning set out in clause 10 b. 

Construction. In these Conditions, the following rules apply:

(a) a person includes a natural person, corporate or unincorporated body 

(whether or not having separate legal personality); 

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(b) a reference to a party includes its personal representatives, successors or 

permitted assigns;

(c) a reference to a statute or statutory provision is a reference to such statute or 

statutory provision as amended or re-enacted. A reference to a statute or 

statutory provision includes any subordinate legislation made under that 

statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including, include, in particular or any 

similar expression, shall be construed as illustrative and shall not limit the 

sense of the words preceding those terms; and

(e) a reference to writing or written includes faxes and e-mails.

2. BASIS OF CONTRACT

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance 

with these Conditions. 

2.2 The Order shall only be deemed to be accepted when the Supplier issues written 

acceptance of the Order at which point and on which date the Contract shall come 

into existence (Commencement Date). 

2.3 The Contract constitutes the entire agreement between the parties. The Customer 

acknowledges that it has not relied on any statement, promise, representation, 

assurance or warranty made or given by or on behalf of the Supplier which is not set 

out in the Contract. 

2.4 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and 

any descriptions or illustrations contained in the Supplier's website, catalogues or 

brochures, are issued or published for the sole purpose of giving an approximate idea 

of the Services described in them. They shall not form part of the Contract or have 

any contractual force. 

2.5 These Conditions apply to the Contract to the exclusion of any other terms that the 

Customer seeks to impose or incorporate, or which are implied by trade, custom, 

practice or course of dealing.

2.6 Any quotation given by the Supplier shall not constitute an offer, and is only valid for 

a period of 20 Business Days from its date of issue.

2.7 In the event that a Customer authorises any other party other than the Supplier to 

carry out work of any kind on the relevant vehicle the warranty applicable to that 

vehicle will become null and void and the costs of any further work will be the 

responsibility of the Customer.

2.8 The Company’s vehicle collection and delivery service is limited to the UK mainland 

unless specifically agreed otherwise. Subject to all invoices being satisfied in 

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advance, all vehicles will always be delivered by the Company to the collection 

address unless it has been otherwise agreed by the parties in advance.

2.9 Any warranty or guarantee for good or services in only valid with the Customer and 

cannot be assigned, transferred or relied upon by any third party.

3. SUPPLY OF SERVICES

3.1 The Supplier shall supply the Services to the Customer in accordance with the 

Specification in all material respects. 

3.2 The Supplier shall use all reasonable endeavours to meet any performance dates 

specified, but any such dates shall be estimates only and time shall not be of the 

essence for performance of the Services.

3.3 The Supplier shall have the right to make any changes to the Services which are 

necessary to comply with any applicable law or safety requirement, or which do not 

materially affect the nature or quality of the Services, and the Supplier shall notify the 

Customer in any such event.

3.4 The Supplier warrants to the Customer that the Services will be provided using 

reasonable care and skill. 

3.5 The Supplier carries insurance under a full motor trade policy. This covers loss or 

damage to the Customer’s vehicle resulting from our negligence only. All other risks 

must be covered by the Customer’s insurance policy which should be kept in force 

throughout the period that the Customer’s vehicle is with the Supplier to the value 

agreed with the insurer. In the event that the Customer’s vehicle is damaged and any 

loss results from the Supplier’s negligence, the Supplier’s liability is limited to the 

lesser the total of the invoices raised with the Customer on the relevant piece of work 

or the limit on the Supplier’s indemnity insurance. 

3.6 Warranties are only become valid when all outstanding invoices by the relevant 

Customer are paid in full.

3.7 In the event that a warranty is being relied upon and a Customer requires remedial 

work to be undertaken, the Customer is obliged to return the vehicle to the Supplier’s 

premises for inspection and validation of any warranty work.

3.8 The warranty on bodywork repairs, particularly paint work, carried out to your 

vehicle applies to bare steel repairs or new panels only. A warranty cannot be offered 

on paintwork applied to spot repairs.

3.9 Warranty periods start at the point that at which the Supplier informs the Customer 

that the vehicle is ready for collection by you or delivery by the Supplier.

4. CUSTOMER'S OBLIGATIONS 

4.1 The Customer shall:

(a) ensure that the terms of the Order and any information it provides in the 

Specification are complete and accurate;

(b) co-operate with the Supplier in all matters relating to the Services;

(c) provide the Supplier with such information as the Supplier may reasonably 

require in order to supply the Services, and ensure that such information is 

accurate in all material respects; 

4.2 If the Supplier's performance of any of its obligations under the Contract is prevented 

or delayed by any act or omission by the Customer or failure by the Customer to 

perform any relevant obligation (Customer Default):

(a) the Supplier shall without limiting its other rights or remedies have the right 

to suspend performance of the Services until the Customer remedies the 

Customer Default, and to rely on the Customer Default to relieve it from the 

performance of any of its obligations to the extent the Customer Default 

prevents or delays the Supplier's performance of any of its obligations;

(b) the Supplier shall not be liable for any costs or losses sustained or incurred 

by the Customer arising directly or indirectly from the Supplier's failure or 

delay to perform any of its obligations as set out in this clause 4.2; and 

(c) the Customer shall reimburse the Supplier on written demand for any costs 

or losses sustained or incurred by the Supplier arising directly or indirectly 

from the Customer Default.

5. CHARGES AND PAYMENT

5.1 The Charges for the Services shall be on a time and materials basis:

(a) the Charges shall be calculated in accordance with the Supplier's standard 

hourly fee rates, as set out in the original Order set out by the Supplier; and

(b) the Supplier shall be entitled to charge the Customer for any expenses 

reasonably incurred by the individuals whom the Supplier engages in 

connection with the Services including, but not limited to, travelling 

expenses, hotel costs, subsistence and any associated expenses, and for the 

cost of services provided by third parties and required by the Supplier for 

the performance of the Services, and for the cost of any materials.

5.2 The Supplier reserves the right to increase its standard daily fee rates, provided that 

such charges cannot be increased more than once in any 12 month period. The 

Supplier will give the Customer written notice of any such increase three months 

before the proposed date of the increase. If such increase is not acceptable to the 

Customer, it shall notify the Supplier in writing within four weeks of the date of the 

Supplier's notice and the Supplier shall have the right without limiting its other rights 

or remedies to terminate the Contract by giving four weeks written notice to the 

Customer. 

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5.3 The Customer may be asked to pay the Supplier in advance for any parts that are 

required.

5.4 Given the nature and sometimes substantial periods of time required for the full 

restoration of a vehicle The Supplier shall invoice the Customer monthly in arrears.

5.5 It is important that the Customer reviews itemised invoice received from the Supplier 

and reviews the work undertaken. Any enquiries regarding the itemised invoice 

and/or the work that has been undertaken will be dealt with promptly.

5.6 The Customer shall pay each invoice submitted by the Supplier:

(a) within 7 days of the date of the invoice; and

(b) in full and in cleared funds to a bank account nominated in writing by the 

Supplier, and

time for payment shall be of the essence of the Contract.

5.7 All amounts payable by the Customer under the Contract are exclusive of amounts in 

respect of value added tax chargeable for the time being (VAT). Where any taxable 

supply for VAT purposes is made under the Contract by the Supplier to the Customer, 

the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the 

Supplier such additional amounts in respect of VAT as are chargeable on the supply 

of the Services at the same time as payment is due for the supply of the Services. 

5.8 If the Customer fails to make any payment due to the Supplier under the Contract by 

the due date for payment, then the Customer shall pay interest on the overdue amount 

at the rate of 6 % per cent per annum above the Bank of England base rate and be 

liable for a £50 administrative charge associated with the time taken and costs 

incurred in corresponding with the Customer regarding the outstanding invoice. 

Interest shall accrue on a daily basis from the due date until actual payment of the 

overdue amount, whether before or after judgment. The Customer shall pay the 

interest together with the overdue amount.

5.9 Where arrangements have been made to deliver (or collect from our premises) a 

vehicle and through no fault of the Supplier the Customer postpones the 

arrangements, the Customer must accept an alternative date for delivery of the vehicle 

within fourteen days of the original date. Where this is not possible the Customer will 

be liable for a storage fee payable to the Supplier of £15 plus VAT per day for each 

day thereafter and until the date of delivery to the Customer or collection from our 

premises.

5.10 Where an estimate for work or Specification has been provided it must be declined or 

accepted within 30 days of the receipt by the Customer of that estimate or 

Specification or the Supplier is entitled to charge a fee of £15 plus VAT per day for 

the storage of the vehicle. 

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5.11 The Customer shall pay all amounts due under the Contract in full without any set-

off, counterclaim, deduction or withholding (except for any deduction or withholding 

required by law). The Supplier may at any time, without limiting its other rights or 

remedies, set off any amount owing to it by the Customer against any amount payable 

by the Supplier to the Customer.

5.12 The Supplier may retain (avoid returning to the Customer) and effectively take a lien 

over any vehicles or goods belonging to the Customer and may do so until all 

outstanding invoices (and interest) are paid in full by the Customer. If any vehicle or 

goods are retained by the Supplier in such circumstances, they will be retained in a 

safe and secure location until all invoices (and interest) are paid at which point any 

vehicle or goods will be released to the Customer.

6. INTELLECTUAL PROPERTY RIGHTS 

6.1 All Intellectual Property Rights in or arising out of or in connection with the Services 

shall be owned by the Supplier. 

6.2 The Customer acknowledges that, in respect of any third party Intellectual Property 

Rights, the Customer's use of any such Intellectual Property Rights is conditional on 

the Supplier obtaining a written licence from the relevant licensor on such terms as 

will entitle the Supplier to license such rights to the Customer. 

6.3 All Supplier Materials are the exclusive property of the Supplier.

7. CONFIDENTIALITY

A party (receiving party) shall keep in strict confidence all technical or commercial 

know-how, specifications, inventions, processes or initiatives which are of a 

confidential nature and have been disclosed to the receiving party by the other party 

(disclosing party), its employees, agents or subcontractors, and any other 

confidential information concerning the disclosing party's business, its products and 

services which the receiving party may obtain. The receiving party shall only disclose 

such confidential information to those of its employees, agents and subcontractors 

who need to know it for the purpose of discharging the receiving party's obligations 

under the Contract, and shall ensure that such employees, agents and subcontractors 

comply with the obligations set out in this clause as though they were a party to the 

Contract. The receiving party may also disclose such of the disclosing party's 

confidential information as is required to be disclosed by law, any governmental or 

regulatory authority or by a court of competent jurisdiction. This clause 7 shall 

survive termination of the Contract.

8. LIMITATION OF LIABILITY: 

8.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for: 

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(a) death or personal injury caused by its negligence, or the negligence of its 

employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and 

Services Act 1982 (title and quiet possession).

8.2 Subject to clause 8.1:

(a) the Supplier shall under no circumstances whatever be liable to the 

Customer, whether in contract, tort (including negligence), breach of 

statutory duty, or otherwise, for any loss of profit, or any indirect or 

consequential loss arising under or in connection with the Contract; and

(b) the Supplier's total liability to the Customer in respect of all other losses 

arising under or in connection with the Contract, whether in contract, tort 

(including negligence), breach of statutory duty, or otherwise, limited to the 

lesser the total of the invoices raised with the Customer on the relevant 

piece of work or the limit on the Supplier’s indemnity insurance.

8.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 

are, to the fullest extent permitted by law, excluded from the Contract. 

8.4 This clause 8 shall survive termination of the Contract.

9. TERMINATION

9.1 Without limiting its other rights or remedies, either party may terminate the Contract 

by giving the other party one week’s written notice.

9.2 Without limiting its other rights or remedies, either party may terminate the Contract 

with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of any term of the Contract and (if 

such a breach is remediable) fails to remedy that breach within 14 days of 

that party being notified in writing to do so;

(b) the other party suspends, or threatens to suspend, payment of its debts or is 

unable to pay its debts as they fall due or admits inability to pay its debts or 

(being a company or limited liability partnership) is deemed unable to pay 

its debts within the meaning of section 123 of the Insolvency Act 1986 or 

(being an individual) is deemed either unable to pay its debts or as having 

no reasonable prospect of so doing, in either case, within the meaning of 

section 268 of the Insolvency Act 1986 or (being a partnership) has any 

partner to whom any of the foregoing apply;

(c) the other party commences negotiations with all or any class of its creditors 

with a view to rescheduling any of its debts, or makes a proposal for or 

enters into any compromise or arrangement with its creditors; 

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(d) the other party (being an individual) is the subject of a bankruptcy petition 

or order;

(e) an application is made to court, or an order is made, for the appointment of 

an administrator or if a notice of intention to appoint an administrator is 

given or if an administrator is appointed over the other party (being a 

company);

(f) the other party's financial position deteriorates to such an extent that in the 

Supplier's opinion the Customer's capability to adequately fulfil its 

obligations under the Contract has been placed in jeopardy; or

(g) the other party (being an individual) dies or, by reason of illness or 

incapacity (whether mental or physical), is incapable of managing his own 

affairs or becomes a patient under any mental health legislation.

9.3 Without limiting its other rights or remedies, the Supplier may terminate the Contract 

with immediate effect by giving written notice to the Customer if the Customer fails 

to pay any amount due under this Contract on the due date for payment and fails to 

pay all outstanding amounts within 21 days after being notified in writing to do so. 

9.4 Without limiting its other rights or remedies, the Supplier may suspend provision of 

the Services under the Contract or any other contract between the Customer and the 

Supplier if the Customer becomes subject to any of the events listed in clause 9.2(b)) 

to clause 9.2(g), or the Supplier reasonably believes that the Customer is about to 

become subject to any of them, or if the Customer fails to pay any amount due under 

this Contract on the due date for payment.

10. CONSEQUENCES OF TERMINATION

On termination of the Contract for any reason: 

(a) the Customer shall immediately pay to the Supplier all of the Supplier's 

outstanding unpaid invoices and interest and, in respect of Services supplied 

and/or parts purchased but for which no invoice has been submitted, the 

Supplier shall submit an invoice, which shall be payable by the Customer 

immediately on receipt; 

(b) the Customer shall return all of the Supplier Materials (any Deliverables 

which have not been fully paid for). If the Customer fails to do so, then the 

Supplier may enter the Customer's premises and take possession of them. 

Until they have been returned, the Customer shall be solely responsible for 

their safe keeping and will not use them for any purpose not connected with 

this Contract;

(c) the accrued rights, remedies, obligations and liabilities of the parties as at 

expiry or termination shall be unaffected, including the right to claim 

damages in respect of any breach of the Contract which existed at or before 

the date of termination or expiry; and 

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(d) clauses which expressly or by implication survive termination shall continue 

in full force and effect.

11. FORCE MAJEURE

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the 

reasonable control of the Supplier including but not limited to strikes, lock-outs or 

other industrial disputes (whether involving the workforce of the Supplier or any 

other party), failure of a utility service or transport network, act of God, war, riot, 

civil commotion, malicious damage, compliance with any law or governmental order, 

rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, 

storm or default of suppliers or subcontractors. 

11.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to 

perform its obligations under this Contract as a result of a Force Majeure Event.

11.3 If the Force Majeure Event prevents the Supplier from providing any of the Services 

for more than eight weeks, the Supplier shall, without limiting its other rights or 

remedies, have the right to terminate this Contract immediately by giving written 

notice to the Customer.

12. GENERAL

12.1 Assignment and other dealings.

(a) The Supplier may at any time assign, transfer, mortgage, charge, 

subcontract or deal in any other manner with all or any of its rights under 

the Contract and may subcontract or delegate in any manner any or all of its 

obligations under the Contract to any third party or agent.

(b) The Customer shall not, without the prior written consent of the Supplier, 

assign, transfer, mortgage, charge, subcontract, declare a trust over or deal 

in any other manner with any or all of its rights or obligations under the 

Contract.

12.2 Notices.

(a) Any notice or other communication given to a party under or in connection 

with the Contract shall be in writing, addressed to that party at its registered 

office (if it is a company) or its principal place of business (in any other 

case) or such other address as that party may have specified to the other 

party in writing in accordance with this clause, and shall be delivered 

personally, sent by pre-paid first class post or other next working day 

delivery service, commercial courier, fax or e-mail.

(b) A notice or other communication shall be deemed to have been received: if 

delivered personally, when left at the address referred to in clause 12.2(a); if 

sent by pre-paid first class post or other next working day delivery service, 

at 9.00 am on the second Business Day after posting; if delivered by 

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commercial courier, on the date and at the time that the courier's delivery 

receipt is signed; or, if sent by by fax or e-mail, one Business Day after 

transmission.

(c) The provisions of this clause shall not apply to the service of any 

proceedings or other documents in any legal action.

12.3 Severance.

(a) If any provision or part-provision of the Contract is or becomes invalid, 

illegal or unenforceable, it shall be deemed modified to the minimum extent 

necessary to make it valid, legal and enforceable. If such modification is not 

possible, the relevant provision or part-provision shall be deemed deleted. 

Any modification to or deletion of a provision or part-provision under this 

clause shall not affect the validity and enforceability of the rest of the 

Contract.

(b) If one party gives notice to the other of the possibility that any provision or 

part-provision of this Contract is invalid, illegal or unenforceable, the 

parties shall negotiate in good faith to amend such provision so that, as 

amended, it is legal, valid and enforceable, and, to the greatest extent 

possible, achieves the intended commercial result of the original provision.

12.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in 

writing and shall not be deemed to be a waiver of any subsequent breach or default. 

No failure or delay by a party in exercising any right or remedy provided under the 

Contract or by law shall constitute a waiver of that or any other right or remedy, nor 

shall it prevent or restrict its further exercise of that or any other right or remedy. No 

single or partial exercise of such right or remedy shall prevent or restrict the further 

exercise of that or any other right or remedy. 

12.5 No partnership or agency. Nothing in the Contract is intended to, or shall be 

deemed to, establish any partnership or joint venture between the parties, nor 

constitute either party the agent of the other for any purpose. Neither party shall have 

authority to act as agent for, or to bind, the other party in any way.

12.6 Third parties. A person who is not a party to the Contract shall not have any rights 

to enforce its terms.

12.7 Variation. Except as set out in these Conditions, no variation of the Contract, 

including the introduction of any additional terms and conditions, shall be effective 

unless it is agreed in writing and signed by the Supplier.

12.8 Governing law. This Contract, and any dispute or claim arising out of or in 

connection with it or its subject matter or formation (including non-contractual 

disputes or claims), shall be governed by, and construed in accordance with the law 

of England and Wales. 

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12.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales 

shall have exclusive jurisdiction to settle any dispute or claim arising out of or in 

connection with this Contract or its subject matter or formation (including non-

contractual disputes or claims).

Conditions of the Supplier’s free extended warranty on body work and engine rebuilds

The Supplier provides a three year warranty subject strictly to the following terms and 

conditions in addition to the general terms and conditions (above):

Re-paint – The vehicle must be returned to us (at the Customer’s own expense and upon 

payment of the inspection fee advised by the Supplier to the Customer at the time) at least 

once in every twelve months during the life of the warranty in order to enable the Supplier to 

check the condition of the paint and bodywork and in order to provide the Supplier with the 

opportunity to carry out a detailed inspection. 

A fundamental condition is that the vehicle must not be subjected to extreme weather or 

temperature conditions.

Engine Rebuild – The vehicle must be returned to us (at the Customer’s expense and upon 

payment to the Supplier by the Customer of the relevant fee at the time for engine servicing). 

The first service is due after 500 miles or within the first twelve months (whichever occurs 

first) and at a further 2000 miles or twelve months (whichever occurs first) during the 

subsequent two years. This covers the life of the warranty and enable the Supplier to check 

the condition of the engine and provides the opportunity to review.

A fundamental condition is that the engine must not be subjected to any exceptionally onerous 

handling or treatment for example competition driving or excessive mileage. The warranty 

does not cover wear and tear generally.  

Thank you for contracting with Cotswold Classic Car Restoration Limited – We look 

forward to doing business with you.



 


 

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Thank you for the outstanding workmanship completed on my Jensen Interceptor. The Concours win at the 2013 Jensen Club International is a reflection of the passion and care taken by your team to present my car to such a high standard... READ MORE

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I have now had paint work carried out by Cotswold Classic Car Restorations both on my 1960 Turner MK1 racing car and my 1969 Lotus Elan+2.I have been delighted with the help and advice received from Jonathan Wills and his team... READ MORE

Dr Charles Marriott