Pentland Jaguar Service Account Terms & Conditions
Definitions: The keywords in this agreement have the following meanings:
“Accelerated Payment” means any payment due pursuant to clause 13.
“Authorised Repairer” means Pentland Jaguar Edinburgh, Perth or Stirling.
“Balance” means the sum paid by the Customer at any time towards the Total Payment, less any Service Cost(s) and Management Fee(s) due at such time. For the avoidance of doubt this excludes any Promotional Contribution.
“Contract” means this contract between the Customer and Pentland Jaguar whereby Pentland Jaguar agrees to provide the Services subject always to these Terms and Conditions.
“Customer” means the person named on the front page of the Contract.
“Pentland Jaguar” means Pentland Jaguar Edinburgh or Stirling.
“John Clark Motor Group” means the John Clark Motor Group and all other businesses forming part of the same group of companies as Pentland Jaguar.
“Deposit Payment” means a sum payable (if any) by the Customer towards the Total Payment, payable on the date of the commencement of the contract.
“Direct Debit Payment Scheme” means the facility offered to the Customer to pay towards the Total Payment due by way of monthly Direct Debit payments payable on the day of each month specified on the front page of this Contract.
“Manufacturer” means the manufacturer of the vehicle.
“National Campaign” means a promotional offering by the Manufacturer whereby the Service(s) may be carried out by any Authorised Repairer.
“Promotional Contribution” means a sum payable by Pentland Jaguar towards the Total Payment.
“Service Cost” means the cost of parts and labour incurred by the Pentland Jaguar in the provision of the Services.
“Service Account Provider”means Pentland Jaguar Edinburgh or Stirling.
“Service(s)” mean the routine maintenance services relevant to the Vehicle at the appropriate service intervals as specified in the Service Specification.
“Service Specification” means the Manufacturer or Pentland Jaguar recommended service intervals and operations for the Vehicle current at the date of this Contract. For the avoidance of doubt, Pentland Jaguar retains the right to specify the applicable service intervals and operations.
“Direct Debit Payments” means the monies payable by the Customer towards the Total Payment, from time to time in accordance with the Direct Debit Payment Scheme.
“Total Payment” means the total sum payable by the Customer pursuant to this Contract as specified overleaf, as varied by changes to VAT (if any)
“Vehicle” means the motor vehicle more fully described on the front page of this Contract.
In consideration of the Total Payment made by the Customer to Pentland Jaguar, Pentland Jaguar agrees to provide the Services up to the value of the Service Cost. Except where the Contract has been agreed as part of a National Campaign, the Service(s) may only be carried out by Pentland Jaguar or another member of the John Clark Motor Group.
The customer agrees to make all Direct Debit payments as they fall due for payment on the dates specified on the front page of this contract.
Pentland Jaguar’s liability in respect of the Service is limited to providing vehicle servicing in accordance with the Service Specification for the relevant service interval.
Any additional work carried out and/or materials supplied by Pentland Jaguar not included in the relevant Service will be the responsibility of the Customer and will be payable on collection of the Vehicle.
Failure by the Customer to make payments due pursuant to the Direct Debit Payment Scheme shall entitle Pentland Jaguar to terminate this Contract and Pentland Jaguar’s obligations under the Contract shall cease immediately. Any monies standing to the Customer’s credit will be applied to the payment of any outstanding Management Fees and thereafter will be applied to any outstanding Services Costs owed to Pentland Jaguar.
In the event that the Service Cost benefit received by the Customer prior to such termination exceeds the payments made by the Customer, the Customer shall remain liable for the outstanding amount and shall make immediate payment to Pentland Jaguar of any balance due to Pentland Jaguar shall be entitled to charge interest at a rate of National Westminster Bank plc. Until full reimbursement is made.
Pentland Jaguar’s obligations under the Contract will cease once all the Services have been provided pursuant to the Service Specification or the Customer or Pentland Jaguar cancels the Contract or transfers the balance to a new Contract, whichever is the earlier.
The Customer may transfer the Balance to a new Contract with the consent of Pentland Jaguar or to a new Contract with the consent of Pentland Jaguar or to a new owner of the Vehicle without additional charge.
In the event of a transfer of the Balance to a vehicle which has higher Service Costs(s) than the vehicle currently owned, then the customer will be advised of any change in the Total Payment and any payments made under the Direct Debit Payment Scheme will be adjusted accordingly. The customer will be notified by the Service Account provider of any change in writing.
If the Customer wishes to cancel this Contract, we have the right to implement a Cancellation Fee of £25. Final decision on the implementation of the Cancellation Fee will be at the discretion of the relevant Line Manager.
If a customer’s Service Account has expired and there are any monies left in the balance, they have to claim that balance back from Pentland Jaguar within six months from the date of the Service Account’s expiry. If the balance is not claimed back within that six month period, any outstanding balance left in the Account becomes the property of Pentland Jaguar.
The Customer and Pentland Jaguar acknowledge that the Service Account Provider is entitled to collect all or part of the Total Payment and act as an agent for Pentland Jaguar in relation to the collection of any payments pursuant to the Direct Debit Payment Scheme and any Management Fee(s).
Furthermore, the Customer and Pentland Jaguar acknowledge that financial responsibility for Deposit Payment(s) and sums payable through the Direct Debit Payment Scheme towards the Total Payment lies with Pentland Jaguar or the John Clark Motor Group and not with the Service Account Provider.
Pentland Jaguar’s Standard Terms and Conditions (a copy of which is available on request) shall apply to all vehicle servicing work carried out by Pentland Jaguar pursuant to this Contract.
Any payments due pursuant to the Total Payment have been calculated on the basis of the Service(s) occurring at the time intervals specified in the Service Specification. Pentland Jaguar or the John Clark Motor Group reserves the right to require an Accelerated Payment from the Customer in the event of the Vehicle being presented for Service earlier than the time intervals specified in the Service Specification or the mileage exceeding the Manufacturer’s recommended service interval mileage per annum.
Any such Accelerated Payment will be requested by Pentland Jaguar at the time the Vehicle is presented for Service, but will not affect the amount of the Total Payment (and so the amount of each of the remaining Direct Debit Payments will then be reduced by the Service Account Provider to reflect the Accelerated Payment). This Contract only obliges Pentland Jaguar to provide Services up to the value of payments made to date by the Customer under the Contract.
Any Direct Debit Payments due pursuant to the Direct Debit Payment Scheme have been calculated using the current rates of VAT. If the rate of VAT should change, the Service Plan Provider will adjust the Total Payments and payments due pursuant to the Direct Debit Payment Scheme and/or any Accelerated Payment to reflect the new rate of VAT, and the Customer agrees to pay the adjusted payments.
The Customer is reminded that if the Vehicle is still covered by the contractual warranty which came into force on the first registration then the continuing validity of such warranty may be affected if the Vehicle is not serviced at the time and mileage intervals appropriate to it.
The Customer is strongly advised to refer to the service handbook of the Vehicle for further information and is advised that in the event of any inconsistency between this Contract and the service handbook as to when Services are due, then the service handbook must be assumed to be accurate.
If a Service is due in respect of the Vehicle then it is the responsibility of the Customer to arrange for that Service to be carried out regardless of whether the payments made to date under the Contract are sufficient to pay for the cost of the Service
