1.1. “The Company”, GCPA, the person who is the vendor of the services and or goods to the customer.

1.2. “The Customer”, the person contracting for services to be supplied by the Company.

1.3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.

1.4. “Services” means all services, including repairs, provided by the company to the Customer.

2. Whole Contract

These terms shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.

3. Interpretation

The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability

In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Estimate

5.1. Unless specifically agreed in writing, all work is agreed on an estimate basis.

5.2. Unless specifically agreed in writing, time for completion of any work is not essential.

5.3. Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Company reasonable control.

5.4. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.

6. All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice.

6.1. Worn units will only be accepted in a clean and oil free condition.

6.2. All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice quoting the invoice number.

6.3. In the event of cancellation, for any reason, the customer agrees to return any Goods to the Company’s premises.

6.4. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.

7. Variation

Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

8. Delivery

8.1. The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.

8.2. Unless otherwise agreed in writing delivery of the vehicle shall take place at the workshop premises.

9. Payment

Payment in respect of any services or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.

10. Warranties

10.1. Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer’s warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.

10.2. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.

10.3. Subject to clause 11.4 below, the Company assigns to the Customer, the benefits of any applicable manufacturer’s warranty for parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship for a period of 12 months or 15000 miles, whichever occurs sooner from the date of completion of the work.

10.4. The Company’s obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:-

10.4.1. Failure to notify the Company of the defect.

10.4.2. Failure to afford the Company opportunity to rectify the problem.

10.4.3. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.

10.4.4. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.

10.4.5. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.

11. Liability

Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer’s schedule as coming within the scope of such operation.

12. Use of the Customer’s Vehicle

The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.

13. Authority to Uplift

Where a person who, so far as the Company is aware, has authority to uplift Goods or Vehicles and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

14. Lien

The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.

15. Risk / Delay

Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer’s risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.

16. Bankruptcy / Insolvency of Customer

If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.

17. Storage Charges

If, following the completion of services the Customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

18. Replacement Parts

The Company shall obtain the Customer’s express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.

19. Exchange Units

In the event of a factory reconditioned unit being fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacture’s credit note is received, the surcharge will be cancelled.

20. Data Protection

20.1. The Company will hold the information shown on the invoice for service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Company, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Dealer Principal at the Company address.

20.2. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.

21. Distance Selling Regulations

21.1. Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs the Company to carry out the service and no service can be performed within this period unless the Customer expressly requests the Company does so.

21.2. To exercise the right to cancel, the Customer must inform the Company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may use the model cancellation form provided here (PDF Download), or incorporate the text below into a letter, fax or email.

Email salesgcpa@gmail.com

Dear Sir

Re: [INSERT PRODUCT DESCRIPTION]

Ordered on: [INSERT DATE HERE]

Received on: [INSERT DATE HERE]

[I/We]* here by give notice that [I/We]* cancel [my/our]* contract of sale of the [goods/service]* above

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s)

Date

[*] Delete as appropriate,

21.3. If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.

21.4. If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-

21.4.1. 14 days after the date on which the Company receives any Goods back; or

21.4.2. (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned any Goods; or

21.4.3. if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.

21.5. The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.

21.6. The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the Company address, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.

21.7. This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.

22. Return of Parts

22.1. The Customer must take reasonable care of any Goods whilst they are in the Customer’s possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until and when they are returned to the Company.

22.2. The Customer is liable for any diminished value of any Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

23. Dispute Resolution

23.1. In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:

All formal/written complaints relating to the Company, its staff or services must be brought to the attention of a Director of the Company.

An investigation of the complaint will be carried out by a Director on behalf the Company.

A Director, on behalf of the Company, will provide a written response to the complainant with his/her findings within 3 working days. Should further time be required for the investigation, the complainant will be contacted before the end of the third working day with a progress update explaining the reasons for the time extension. The investigation must be completed by the end of the fifth working day since the last contact with the complainant.

Once the investigation has been completed, a letter/e-mail will be sent to the complainant explaining the Company’s position. The letter/e-mail will explain the details of the investigation including factual details of the findings. The letter/email will summarise the Company’s position regarding the outcome of the investigation.

If the Company has not received feedback from the complainant following the outcome of the letter/email within one calendar month, the Company will assume that the matter has been fully resolved.

All complaints’ records will be stored electronically and/or on hard copy in a secure folder.

23.2. Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Company’s internal process the Customer may refer the dispute to ADR at the National Conciliation Service who can be contacted as follows:-,

23.3. Where any dispute cannot be resolved through ADR, a Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

24. Statutory Rights

Where the Customer is acting as a consumer, nothing in this contract is intended to exclude or limit the Customer’s statutory rights.

Website terms of use

General information

One of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by KeyDesign and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at Incubator. An example of a privacy policy can be found at buyproxies.io.

Log files

KeyDesign follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include:

• internet protocol (IP) addresses
• browser type, Internet Service Provider (ISP)
• date and time stamp, referring/exit pages
• possibly the number of clicks

Privacy policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Incubator.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Incubator, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that KeyDesign has no access to or control over these cookies that are used by third-party advertisers.

Third party policies

Incubator’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You may find a complete list of these Privacy Policies and their links here: Privacy Policy Links.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites. What Are Cookies?

Children Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Incubator does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we h3ly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

Online privacy

This privacy policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in KeyDesign. This policy is not applicable to any information collected offline or via channels other than this website.
By using our website, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.

Update

This Privacy Policy was last updated on May 2023. If there will be any update, amendment, or changes to our Privacy Policy then these will be posted on this page.