Terms and Conditions of Business
Effective date: 17 July 2026
These Terms and Conditions apply to workshop repairs, maintenance, inspections, servicing, diagnostics, roadside assistance and related commercial vehicle services supplied by Mick Foden Commercials Ltd.
Company number: 13728178
Registered office and workshop: Unit 152, Culham No.1 Site, Station Road, Abingdon, England, OX14 3DA
Email:info@mickfoden.com
Telephone: 07889 909857
References to “we”, “us” or “our” mean Mick Foden Commercials Ltd. References to “the Customer”, “you” or “your” mean the person, company, operator or organisation instructing us to carry out work.
These Terms primarily apply to business customers. Where you are acting as a consumer, your statutory consumer rights are not affected.
1. Acceptance of these Terms
By asking us to inspect, diagnose, repair, maintain, recover, road test or otherwise work on a vehicle, trailer, component or equipment, you agree to be bound by these Terms.
These Terms apply alongside any written quotation, estimate, job card, maintenance agreement or other written agreement issued by us.
Where there is a conflict, the following order of priority will apply:
A separately signed written agreement;
Our written quotation or job card;
These Terms and Conditions;
Our current price list.
Any terms supplied by the Customer will not apply unless we expressly accept them in writing.
Separate terms may apply to vehicle hire, mobile brake testing or other specialist services.
2. Authority to Instruct Work
The person instructing us confirms that they are the owner of the vehicle or have full authority from the owner, registered keeper or operator to authorise the work.
You must provide accurate information about:
The vehicle, trailer or equipment;
Known faults, warning lights and previous repairs;
Security systems, immobilisers and access codes;
Any dangerous, hazardous or controlled substances;
Any unusual load, weight, height or access restrictions;
The vehicle’s operating requirements and intended use.
You will be responsible for losses or additional costs caused by inaccurate, incomplete or misleading information.
3. Estimates and Quotations
An estimate is our reasonable assessment of the likely cost of the work based on the information available at the time. An estimate is not a fixed quotation and the final cost may be higher or lower.
A quotation will only be treated as a fixed quotation where we clearly state in writing that it is fixed.
Quotations and estimates may exclude:
VAT;
Additional faults discovered after dismantling or diagnosis;
Seized, corroded, damaged or previously incorrectly fitted components;
Additional labour caused by restricted access;
Specialist subcontractor charges;
Recovery, transport or travel charges;
Replacement fluids, clips, fixings, seals or consumable materials;
Additional work needed to make the vehicle safe or roadworthy.
Parts prices and availability may change without notice. We may revise an estimate or quotation where parts prices, labour requirements or the scope of work changes.
4. Authorisation and Additional Work
We will carry out the work authorised by the Customer.
Where additional faults or safety concerns are identified, we will normally seek further authorisation before carrying out significant additional work.
We may carry out minor additional work without further approval where it is reasonably necessary to:
Complete the authorised repair properly;
Prevent immediate damage;
Reassemble the vehicle safely;
Make the vehicle safe to move;
Replace low-value consumables, seals, fixings or fluids;
Continue an agreed diagnostic process
We may stop work if further authorisation cannot be obtained, the vehicle is unsafe, suitable parts are unavailable or continued work would be uneconomical.
Labour and parts already supplied will remain chargeable.
5. Diagnostics and Fault Finding
Diagnostic work is charged for the time and equipment used, whether or not the fault is immediately identified or repaired.
Modern vehicle faults may be intermittent, linked to several systems or caused by wiring, software, previous repairs or component failure. A diagnostic scan or fault-code report does not necessarily identify the underlying cause of a fault.
We do not guarantee that every fault will be identified during an initial inspection or diagnostic session.
Where further testing, dismantling or replacement of a suspected component is required, this will be chargeable unless otherwise agreed in writing.
Clearing a fault code does not guarantee that the code or fault will not return.
6. Parts and Materials
Unless otherwise agreed, we may use genuine, original-equipment, aftermarket, reconditioned or service-exchange parts which we consider suitable for the repair.
Replacement parts remain our property until the relevant invoice has been paid in full.
Removed parts will normally be disposed of or returned to the supplier. Customers wishing to retain an old part must tell us before the repair is completed. Parts subject to a surcharge, warranty return or service-exchange arrangement cannot be retained.
Manufacturer or supplier warranties apply subject to their individual conditions.
7. Customer-Supplied Parts
We may agree to fit parts supplied by the Customer, but we reserve the right to refuse any part we believe is incorrect, damaged, unsafe, unsuitable or of inadequate quality.
We do not provide any warranty for a customer-supplied part.
The Customer remains responsible for confirming that the part is correct and suitable for the vehicle.
Additional labour, call-out charges, dismantling, refitting or diagnostic time caused by an incorrect, defective or unsuitable customer-supplied part will be chargeable.
Where a customer-supplied part fails, all labour required to investigate, remove or replace it will be chargeable unless the failure was directly caused by our workmanship.
8. Inspections, MOT Preparation and Compliance
Safety inspections, servicing, brake testing, smoke testing, MOT preparation and similar services reflect the condition of the vehicle or trailer at the time the work is carried out.
Vehicle condition can change after an inspection due to use, mileage, load, driver actions, component failure, damage or deterioration.
Preparation or presentation of a vehicle for MOT does not guarantee that the vehicle will pass.
The vehicle owner and operator remain responsible for:
Ensuring the vehicle is roadworthy;
Completing daily walkaround checks;
Acting upon reported defects;
Complying with operator licensing and maintenance requirements;
Maintaining suitable inspection and brake-testing intervals;
Keeping appropriate maintenance and compliance records;
Ensuring the vehicle is suitable for its intended load and operation.
Our inspection, repair or report does not transfer the operator’s legal responsibilities to us.
9. Road Tests and Movement of Vehicles
The Customer authorises us and our employees, contractors or agents to drive, move and road test the vehicle where reasonably necessary for diagnosis, repair, inspection, collection, delivery or quality checking.
The Customer confirms that the vehicle is appropriately licensed and that we have been told about any operating restrictions.
We may refuse to drive or road test a vehicle that we consider unsafe.
Unless specifically agreed, we are not responsible for personal items, tools, stock, cargo or other property left inside or attached to the vehicle.
10. Completion Dates and Vehicle Downtime
Any completion date or time given is an estimate unless expressly confirmed as guaranteed in writing.
Completion may be affected by parts availability, additional faults, supplier delays, specialist work, staff availability, access to technical information or matters outside our reasonable control.
The Customer should not arrange deliveries, contracts, vehicle hire, replacement vehicles or other commitments in reliance upon an estimated completion date.
We will not be responsible for vehicle downtime, loss of use, missed work, missed deliveries, replacement vehicle charges or similar losses unless we expressly accepted that responsibility in writing before beginning the work.
11. Charges and VAT
Our services will be charged at:
The rate stated in our written quotation;
The rate stated in an applicable maintenance agreement; or
Our current published or notified rates.
Unless stated otherwise:
Prices exclude VAT;
Parts and materials are charged separately;
Labour is harged in accordance with our current charging intervals;
A minimum labour charge may apply;
Diagnostic time is chargeable;
Travel time, mileage and call-out charges may apply;
Specialist and subcontractor charges may be added to the invoice.
Our current price list may be changed from time to time.
12. Invoices and Payment
Payment must be made by the due date shown on the invoice or within the payment period agreed with us in writing.
Where no payment period has been stated or agreed, payment is due within 30 calendar days of the invoice date.
The Customer must pay all undisputed amounts in full without deduction, withholding, counterclaim or set-off, except where required by law or agreed by us in writing.
We may require:
Payment in advance;
A deposit;
Payment for ordered parts;
Payment on completion;
Reduced credit terms; or
Cleared payment before releasing a vehicle.
We may withdraw credit facilities or suspend further work where an account is overdue.
13. Invoice Queries and Discrepancies
Any query or discrepancy concerning an invoice must be raised with us in writing within 14 Working Days of the invoice being sent or made available to the Customer.
The query must clearly identify:
The invoice number;
The particular charge being disputed;
The reason for the dispute; and
Any supporting documents or information.
If a written query is not received within 14 Working Days, the invoice will be treated as checked and accepted by the Customer. After that period, no credit, refund or adjustment will be made in relation to the description, labour time, parts, quantities, rates or calculations shown on the invoice, except in the case of an obvious administrative or arithmetic error, fraud, or where the law does not permit the matter to be excluded.
Raising a dispute does not allow the Customer to withhold the undisputed part of an invoice. The undisputed amount must still be paid by the original due date.
For the purpose of this clause, “Working Day” means Monday to Friday, excluding bank holidays in England.
This invoice-query period is separate from a genuine complaint concerning defective parts or workmanship, which must be dealt with under clause 18.
14. Late Commercial Payments
This clause applies where the Customer is acting in the course of a business, trade or profession.
Where an invoice or other qualifying commercial debt is not paid by its due date, we reserve the right to charge, without further notice:
Statutory interest at the rate of 8% per annum above the Bank of England base rate, calculated from the day after the payment became due until payment is received in full;
Fixed compensation for each qualifying overdue debt in accordance with the Late Payment of Commercial Debts legislation:
£40 where the debt is less than £1,000;
£70 where the debt is £1,000 or more but less than £10,000;
£100 where the debt is £10,000 or more;
Any further reasonable debt-recovery costs recoverable under the legislation, including costs exceeding the fixed compensation amount;
Court fees, enforcement fees, tracing fees and other recoverable legal or professional costs incurred in collecting the debt.
These rights arise under the Late Payment of Commercial Debts (Interest) Act 1998, together with the applicable regulations and amendments.
Accepting late or partial payment does not waive our right to claim interest, compensation or recovery costs.
We may suspend all work, cancel credit facilities and refuse further bookings while any account remains overdue.
15. Cancellation, Failed Visits and Unavailable Vehicles
At least 24 hours’ notice must be given when cancelling or changing booked work.
Where less than 24 hours’ notice is provided, we may charge for:
Reserved labour time;
Call-out and travel time;
Parts ordered specifically for the work;
Non-returnable or specially ordered items;
Subcontractor charges;
Reasonable losses caused by the cancellation.
A failed-visit charge may apply where:
The vehicle is not at the agreed location;
Access is unavailable;
The Customer supplies incorrect parts;
Keys, authority or information are unavailable;
The vehicle cannot safely be worked on;
The appointment cannot proceed because of circumstances within the Customer’s control.
Emergency circumstances may be considered at our discretion.
16. Collection, Storage and Retention of Vehicles
We will notify the Customer when the vehicle or work is ready for collection.
Vehicles should be collected promptly. Where a vehicle is not collected within three Working Days of notification, we may charge a reasonable daily storage fee.
To the extent permitted by law, we may retain possession of a vehicle, trailer, component, keys or other goods until all sums relating to the relevant work have been paid in cleared funds.
The vehicle will not be released merely because an invoice query has been raised where the undisputed amount remains unpaid.
Where a vehicle or other property remains uncollected, we may take appropriate steps under applicable law after giving reasonable written notice. The Customer will be responsible for reasonable storage, notice, recovery and disposal costs.
17. Subcontractors and Specialists
We may use subcontractors, manufacturers, dealerships, machine shops, recovery operators, tyre specialists or other third parties where reasonably required.
Where possible, significant subcontractor charges will be explained before they are incurred.
Third-party work may be subject to the third party’s own warranty and operating conditions.
18. Workmanship and Complaints
We will perform our services with reasonable care and skill.
Any suspected defect in our workmanship must be reported as soon as reasonably possible after it becomes apparent.
The Customer must:
Stop using the vehicle where continued use could cause damage or create a safety risk;
Give us a reasonable opportunity to inspect the vehicle;
Provide relevant evidence, fault reports and maintenance information;
Allow us a reasonable opportunity to correct any proven defect.
The Customer must not instruct another repairer to carry out remedial work at our expense without first giving us an opportunity to inspect and rectify the matter, except where immediate emergency work is reasonably necessary for safety.
We will not normally reimburse third-party repair costs unless we authorised them in writing beforehand.
Our responsibility does not extend to faults caused by:
Normal wear and tear;
Misuse, overloading, accident or neglect;
Continued use after a warning light or fault became apparent;
Customer-supplied parts;
Defective parts not caused by our workmanship;
Previous or subsequent work carried out by another person;
Failure to follow maintenance or operating instructions;
Unrelated or subsequently developing faults.
Where a complaint is justified, our usual remedy will be to repeat or correct the affected work within a reasonable time.
19. Liability
Nothing in these Terms excludes or limits liability for:
Death or personal injury caused by negligence;
Fraud or fraudulent misrepresentation;
Any liability which cannot legally be excluded or limited;
A consumer’s statutory rights.
Subject to the above and to the fullest extent permitted by law, we will only be responsible for direct loss or damage which was reasonably foreseeable and directly caused by our breach of contract or negligence.
For business customers, we will not be liable for indirect or consequential loss, including:
Loss of profit, turnover or revenue;
Loss of contracts or business;
Loss of anticipated savings;
Loss of use or vehicle downtime;
Replacement or hire-vehicle charges;
Missed collections, deliveries or appointments;
Driver wages or standing time;
Recovery, storage or parking charges;
Reputational loss.
The Customer is responsible for maintaining appropriate vehicle, goods-in-transit, business interruption and consequential-loss insurance.
We will not be responsible for loss or damage caused by a vehicle’s pre-existing condition, hidden defect, insecure load, undisclosed hazardous material or inaccurate information supplied by the Customer.
20. Events Outside Our Control
We will not be liable for delay or failure caused by events outside our reasonable control, including parts shortages, supplier failure, power failure, severe weather, fire, flood, industrial action, road closures, government restrictions, equipment breakdown, telecommunications failure or staff illness.
We will take reasonable steps to minimise the effect of such events.
21. Data Protection
We may collect and use contact details, vehicle information, maintenance records, photographs, diagnostic information and payment information for the purposes of:
Providing our services;
Managing bookings and accounts;
Maintaining service and compliance records;
Communicating with customers;
Handling complaints and warranty issues;
Recovering unpaid debts;
Meeting legal, insurance and regulatory obligations.
Personal information will be processed in accordance with applicable data-protection law and our privacy policy.
22. General Provisions
A failure or delay by us in enforcing any right will not amount to a waiver of that right.
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
The Customer may not transfer its rights or obligations without our written consent.
We may update these Terms from time to time. The version applying to a job will normally be the version in force when the work was authorised.
23. Governing Law and Jurisdiction
These Terms and any dispute or claim arising from them will be governed by the laws of England and Wales.
Where the Customer is acting in the course of a business, the courts of England and Wales will have exclusive jurisdiction.
Nothing in this clause removes any mandatory rights available to a consumer.
24. Contacting Us
Invoice queries, complaints and other formal notices should be sent to:
Mick Foden Commercials Ltd
Unit 152, Culham No.1 Site
Station Road
Abingdon
OX14 3DA
Email:info@mickfoden.com
Telephone: 07889 909857