NEW SERVICE PLAN TERMS AND CONDITIONS
1. Defined terms
1.1. In this Service Plan, capitalised terms have the meaning first stated in this Service Plan document, including:
|Accelerated Payment||means any payment required by us in order for the Balance to meet the relevant Services Cost at the time the Vehicle is presented for a Service;|
|Administrative Partner||means the company appointed by us to manage the Service Plan - at the date of this Service Plan the Administrative Partner is EMaC Limited (Company number 3158541);|
|Authorised Retailer & Authorised Repairer||means a Jaguar Land Rover approved retailer or motor vehicle repairer located in the United Kingdom, the Isle of Man or the Channel Islands and that has agreed to participate in this Service Plan;|
|Balance||means the sum paid by you at any time towards the Total Payment, less any Services Costs, Management Fee(s) and any Cancellation Fee due at such time;|
|Cancellation Fee||means the cancellation fee stated in the Service Plan Schedule;|
|Deposit Payment||means a sum payable (if any) by you towards the Total Payment, payable on the date of the commencement of the Service Plan;|
|Direct Debit Payments||means the monies payable by you towards the Total Payment, from time to time in accordance with the Direct Debit Scheme;|
|Direct Debit Scheme||means the facility offered to you 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 Service Plan;|
|Management Fee||means a fee payable by you to us, in respect of costs incurred in the routine administration of the Service Plan (including the Administrative Partner fees);|
|Service(s)||means the routine scheduled maintenance services relevant to the Vehicle as specified in the Service Plan Schedule;|
|Service Plan||means this contract between the you and us;|
|Services Cost||means the costs payable by you for the Services detailed in the Service Plan Schedule;|
|Service Specification||means Jaguar Land Rover's scheduled service intervals and operations for the Vehicle and described in the Service Plan Schedule (For the avoidance of doubt, the Jaguar Land Rover retains the right to specify the applicable service intervals and operations);|
|Total Payment||means the total sum payable by you for the Service Plan as stated in the Service Plan Schedule (including the Services Cost and the Management Fee), as varied by changes to VAT (if any);|
|Vehicle||means the vehicle detailed in the Service Plan Schedule.|
2.1. You shall pay the Total Payment on the dates specified in the Service Plan Schedule. The Total Payment made by you includes the Services Cost and any Management Fee.
2.2. Failure by you to pay the Total Payment on the dates specified shall entitle the us to terminate this Service Plan and our obligations under the Service Plan shall stop immediately.
2.3. Services Costs will be deducted from your payment. In the event that the cost of the Services received by you prior to termination exceeds the payments made by you, you shall remain liable for the outstanding amount and shall make immediate payment to us of any balance due and we shall be entitled to charge interest at a rate of 4% above the base rate of Barclays Bank plc until full reimbursement is made.
2.4. The Total Payment has been calculated on the basis of the Service(s) occurring at the time intervals specified in the Service Specification. We reserve the right to require an Accelerated Payment from you in the event of the Vehicle being presented for Service earlier than the time or mileage intervals specified in the Service Specification. Any such Accelerated Payment will be requested by us 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 to reflect the Accelerated Payment). This Service Plan only obliges us to provide Services up to the value of payments made to date by you under the Service Plan.
2.5. Any Direct Debit Payments due pursuant to the Direct Debit Scheme have been calculated using the current rates of VAT. If the rate of VAT should change, the Administrative Partner will adjust the Total Payment and payments due pursuant to the Direct Debit Scheme and/or any Accelerated Payment to reflect the new rate of VAT, and you agree to pay the adjusted payments.
2.6. Any additional work carried out and/or materials supplied by us or an Authorised Retailer or Authorised Repairer that are not included in the relevant Service will be the responsibility of you and will be payable on collection of the Vehicle.
3. Direct Debit
3.1. You agree to make all Direct Debit and other payments as they fall due for payment on the dates specified on the front page of this Service Plan.
3.2. You may ask us to change your monthly repayment date by notifying us of the new date at least five business days before the change takes effect. We will change your direct debit payment dates to the date you choose, and we will not give you the normal advance notice for such a change.
4.1. Service Plans are not available for vehicles that are owned by motor traders (except Authorised Retailers). You represent that you are not a motor trader. Any breach of this clause shall entitle us to terminate the Service Plan.
5.1. Our liability in respect of the Service is limited to providing vehicle servicing in accordance with the Service Specification for the relevant service interval.
5.2. Our obligations under this Service Plan will end once all the Services have been provided pursuant to the Service Specification or until the Service Plan End Date.
5.3. Where the Customer is not a consumer, all statements, conditions or warranties as to the quality of the Services or their fitness for purpose are excluded.
6. Termination or transfer by you
6.1. You have the right to cancel this Service Plan within fourteen calendar days of you receiving a copy of this Service Plan Agreement (Cancellation Period).
6.2. If you cancel this Service Plan under clause 6.1 within the Cancellation Period, we shall cancel this Service Plan and return any payments that you have made less the cost of any Services that have already been completed at your request.
6.3. If you wish to cancel outside of the Cancellation Period you may still cancel the Service Plan at any-time until the Service Plan End Date. In these circumstances you will be required to pay us for the Services that have been completed and a Cancellation Fee.. You shall not be entitled to cancel or to any refunds after the Service Plan End Date and you agree that any Balance shall be forfeited.
6.4. If you wish to exercise your right to cancel, please contact our Administrative Partner, EMaC Limited, on 0330 099 6826 and speak to a Customer Services Representative. Alternatively, email firstname.lastname@example.org and include details of your name, address, vehicle registration number and quote the Service Plan number.
6.5. If at the date you terminate you have not yet paid the Services Cost, you will be liable for the outstanding amount and shall make immediate payment to us for that amount.
6.6. You may transfer the Balance of the Service Plan to a new Jaguar or Land Rover vehicle (providing that vehicle meets our eligibility criteria) or to a new owner of the Vehicle (This request can be handled via the Administrative Partner).
6.7. In the event of a transfer of the Balance to a vehicle which has higher Services Cost than the Vehicle then you will be advised of any change in the Total Payment and any payments made under the Direct Debit Scheme will be adjusted accordingly.
6.8. You will be notified by the Administrative Partner of any change in writing.
7. Payment Administration
7.1. You acknowledge that the Administrative Partner is entitled to collect all or part of the Total Payment and acts as agent for us in relation to the collection of any payments. The Administrative Partner will show on your bank statements for any Direct Debit payments along with the associated reference. The Management Fee will be collected as part of the Total Payment. For the avoidance of doubt the Total Payment on the Service Plan includes Management Fees.
7.2. Any bank interest earned on payments you have made for this Service Plan shall belong to Jaguar Land Rover.
8. Customer Obligations
8.1. You are 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. You are strongly advised to refer to the service schedule of the Vehicle for further information. In the event of any inconsistency between this Service Plan and the service schedule as to when Services are due, then the service schedule must be assumed to be accurate. If a Service is due in respect of the Vehicle, then it is your responsibility to arrange for that Service to be carried out regardless of whether the payments made to date under the Service Plan are sufficient to pay for the cost of the Service.
9. Jaguar Land Rover Retailers and Authorised Repairers
9.1. The contract for this Service Plan is between you and us, Jaguar Land Rover. The Services will, however, be provided by our Authorised Repairers. If you require additional work on your Vehicle that's not covered by this Service Plan, please speak with our Authorised Repairer. Any such additional work will be a separate contract between yourself and the Authorised Repairer.
9.2. When your Vehicle is with our Authorised Repairer for work in connection with this Service Plan, the following terms apply:
9.2.1. our Authorised Repairer will endeavour to provide the Services by the estimated time, but neither we nor our Authorised Repairer shall be liable for any delay in providing the Services;
9.2.2. if our Authorised Repairer has completed Services on your Vehicle, but the amount payable for such Services exceeds the amount that has been paid under this Service Plan, we shall have the right to retain possession of your Vehicle until you have paid the total amount due for the Services that have been completed on your Vehicle;
9.2.3. if your indebtedness to us is not satisfied within three months from the date that we have notified you that you have a debt owed to us and we are in possession of your Vehicle we may sell your Vehicle and/or the contents and the net proceeds of the sale shall be applied towards satisfying any debt that you owe to us;
9.2.4. where in any case a driver who, so far as our Authorised Repairer is reasonably aware, has the authority to collect the Vehicle, collects the same, neither we nor our Authorised Repairer shall be responsible to you for any loss or damage resulting, on the grounds that such driver had in fact no such authority;
9.2.5. if your Vehicle is not collected within 24 hours after the date that you are notified it is available for collection, we may charge reasonable storage costs in respect of the Vehicle.
10. Code of Practice, Complaints policy and Alternative Dispute Resolution service.
10.1. If you are dissatisfied with the services provided under this Service Plan, please contact us, we will always do our utmost to resolve the matter promptly and will provide a full response within 10 days of your contact.
10.2. Jaguar Land Rover subscribes to the Motor Ombudsman's Service & Repair Code . The Service and Repair Code can be accessed at www.themotorombudsman.org/consumers/our-codes-of-practice/service-repair-code [themotorombudsman.org].
10.3. If we are unable to resolve any complaint that you have you are entitled to escalate the compliant to the Motor Ombudsman.
11.1. Statutory rights - Nothing in these terms and conditions will reduce your statutory rights.
11.2. Third party rights - This Services Plan is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3. Governing Law - This Service Plan will be governed by the law of England and Wales and is subject to the exclusive jurisdiction of the English Courts.