Information about Towbar Express
1. Who We Are
You are contracting with Towbar Express Limited, a company registered in England with Company Registration Number 05990815. The Registered Office is The Old Barn, Egton, Whitby, North Yorkshire, YO21 1BF. References to “Towbar Express”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
2. Our VAT Registration
Our UK VAT Registration Number is GB 159 7118 81.
3. Contacting Us
- Email at info@towbarexpress.co.uk;
- Telephone Customer Service on 0800 328 0 592, or 01947 895230;
- Write to us at our Head Office: The Old Barn, Egton, Whitby, North Yorkshire, YO21 1BF;
General Terms and Conditions of Sale
4. Point of Legal Contract Creation
When you place an order via the website to purchase services from, or to have goods fitted by, Towbar Express, this constitutes an “offer”.
Towbar Express will send you an automatic e-mail confirming receipt of your order and containing the details of it. This does not constitute the “acceptance” of your order, irrespective of whether any payment that has been taken previously by Towbar Express.
Your order will be confirmed by a second email (the “Order Confirmation”), once we have checked the availability of your preferred fitting dates, and the availability of all the parts needed to carry out the work.
We choose from different suppliers which include Tow Trust, PCT and Brink, ECS, Right Connections and Conwys.
Most vehicles will require a bumper cut to fit your towbar. Should you not wish for any alterations to be made to your bumper, please specify at the time of booking to allow us to look at alternative options. If this is not specified at the time of booking; please note alterations will be made and we cannot be liable for the costs incurred.
You should not under any circumstances arrange to use your towbar for holidays etc. until it is fitted and that you have tested the towbar and all electrics with your cycle carrier, trailer or caravan.
In the event that Towbar Express does not accept your offer and/or does not issue an Order Confirmation to you, Towbar Express shall make a full refund of any payments made by you as part of the ordering process.
These terms are the only terms upon which Towbar Express will contract with you for the purchase of its services through its website. They shall govern the contract to the entire exclusion of all other terms or conditions.
Towbar Express retains the right to refuse to accept your order solely at its discretion. If there is concern that there is an attempt to place an order dishonestly, fraudulently, by impersonating someone else or by attempting to use payment details which have been stolen, we will make additional checks and if appropriate involve external authorities. We reserve the right to refuse to serve anyone without further explanation.
5. Mobile Bookings
Our staff treat all customers with respect, and we expect the same in return. If you are rude or aggressive to any of our staff at any point, your booking will be cancelled immediately, and any further service will be refused.
5a: Booking date & time
Where you have selected a specified booking date on our website this is a 'preferred fitting date', not a definite date which is confirmed. We will endeavour to honour this. However, in some cases, we will need to change the date depending on the availability of stock etc. If we need to change the date of your booking we will give you as much notice as possible.
If you have ordered work for fitting by a Towbar Express Mobile Van, one of our dedicated sales staff will contact you within 2 working days of the date of order to arrange a mutually convenient time slot for our fitter to visit. Fitting appointments offered for mobile units are either an arrival time of between 8 am and 12 pm or between 12 pm and 6 pm.
This is an arrival time for our fitter, not the time in which the work will be completed. For example, in an 8 am to 12 pm booking the fitter may arrive at 11.55 pm and the job can take up to 4 hours to complete.
We will do our best to ensure that our mobile Engineers arrive with you during the indicated time period and to complete the work within the estimated time given to you, however, the time of the booking shall not form a contractual term. It is important to remember that arrival times are estimated because there might be traffic issues or problems outside of our control which can delay our drivers. We will inform you as soon as reasonably practicable of any delays or complications.
5b: Key limitations to our work
In order for Towbar Express to complete any work to your vehicle we require;
1. Space; Our fitters will need to park their vehicles directly behind or at the side of your vehicle to complete any work. Our fitters will need adequate room to work on your vehicle and with close access to their vehicle to use tools required to complete fitments etc.
2. Safety; You must ensure the safety of our fitters. We cannot fit towbars or complete any work on a busy road, multi-storey building or any of the such. Our fitters need to be able to work in a safe area without risking any harm to themselves or your vehicle.
3. Vehicle; Most vehicles will require a bumper cut to fit your towbar. Should you not wish for any alterations to be made to your bumper, please specify at the time of booking to allow us to look at alternative options. If this is not specified at the time of booking; please note alterations will be made and we cannot be liable for the costs incurred.
4. Law; We cannot fit towbars to any vehicles by parking on double yellow lines or any of the such which breaks the law as per the DVLA laws.
Images will be taken of your vehicle, to record any visible damage existing, before starting work on your vehicle. We exclude all liability for repair of damage, whether visible or not, existing before we began to work on your vehicle. All images are date and time-stamped and can be requested if needed.
This applies specifically to the exhaust on your car; In many cases, we need to lower the rear exhaust system to gain access to fit the towbar. We will not be liable to replace exhaust parts where damage occurs due to pre-existing corrosion of the exhaust system on your car.
This also applies to the bumper of your vehicle. Where a bumper cut is required; our engineers will speak with you before fitting if possible. The information is on our website or you can call our customer services before fitment for more information.
If your car doesn't have a towing capacity, we cannot legally fit a Towbar to your vehicle. We recommend you check your VIN plate before booking, as some vehicles vary throughout make and models. Your VIN plate will tell you exactly what towing capacity you can tow in KG. If you are unsure of how to read a VIN plate please click here. A call-out fee will be applicable if our engineer attends your appointment and your vehicle doesn't have a towing capacity.
The fitting of a towbar to your vehicle will be subject to a visual inspection of your vehicle before the work starts. This ensures you have selected the correct part specifications for your vehicle. If at any point during the fitment, it becomes apparent that further parts or work are required we will advise you before proceeding further.
We are unable to install a towbar on corroded metal. If we find your vehicle to be corroded, we will stop work and explain your options.
At this point you are free to request that no further work be carried out, you would only be liable for our costs incurred by us, and the remaining balance would be refunded to your card.
5c: Our liability to you
Towbar Express will not be liable for any economic losses arising in any manner whatsoever out of any delays to, or complications with, the fulfilment of an Order, provided that nothing in these terms limits or excludes Towbar Express’s liability for death or personal injury caused by its proven negligence. This includes any losses incurred from missed holidays, or caravan site deposits etc. You should not under any circumstances arrange to use your towbar for holidays etc. until it is fitted and that you have tested the towbar and all electrics with your cycle carrier, trailer or caravan.
We will perform our service to the best of our ability, however, sometimes damage can occur when installing a towbar to your car. In this event, we will repair your vehicle to its condition before the damage occurred.
You acknowledge that the cost to us of repairing your vehicle in the event that we damage it is likely to exceed the amount we are paid for our service. You agree that our total liability to you both for any service failure or vehicle damage is limited to: (A) the total cost of repairing any damage we cause to your vehicle; plus (B) for any period where your own car will be unavailable to you, at our choice, the cost to us of providing you with, or paying for, alternative means of transport or a replacement vehicle of our choice (acting reasonably). Except as stated above, you agree that unless we have written to you to confirm otherwise before we begin work, you and Towbar Express do not intend that Towbar Express reimburse or compensate you for loss of income, loss of use of your vehicle, costs or expenses incurred from loss of use of your vehicle, loss of business or profits or pure economic loss or indirect or consequential loss suffered by you as a result of our work.
If you allow a dealership or an accident management company to manage the repair process in relation to your vehicle, you are likely to incur costs in excess of those we would incur if you allow us to manage the repair on your behalf. A dealership or accident management company is likely to offer to provide you with a replacement vehicle. The costs of that vehicle is likely to be very high – much higher than the cost to us of organising a rental on your behalf. We will not pay for the costs of any vehicle supplied to you unless we have arranged the rental directly on your behalf. Please be aware the costs to the dealership and accident management company will be your personal liability and you may be at significant financial risk if you choose to use their services.
6. Cancellation of Work
You have the right to cancel your order within 14 days from the point at which we accept your order. However, where you ask us to commence with your order within this period you agree to waive the right of cancellation.
There will be no charge provided if no costs have been incurred. Where costs have been incurred you will only pay for the work completed or the cost incurred.
Payment for costs incurred will be required at the time of cancellation. The whole payment will be refunded only if no costs have been incurred. This is usually the standard call out fee. The standard call-out fee is £150 + VAT = £180.00.
If your car doesn't have a towing capacity, we cannot legally fit a Towbar to your vehicle. We recommend you check your VIN plate before booking, as some vehicles vary throughout make and models. Your VIN plate will tell you exactly what towing capacity you can tow in KG. If you are unsure on how to read a VIN plate please click here. A call out fee will be applicable if our engineer attends your appointment and your vehicle doesn't have a towing capacity.
7. Goods Bought Mail Order / Supply Only
You have the right to cancel your order within 14 days from the point at which you receive your goods. You must inform us in writing, or by email to info@towbarexpress.co.uk that you would like to return your goods.
The goods must be returned unopened in their original packaging in order that we can re-sell them. If you have opted for express delivery, will will only refund the cost of the basic delivery charge.
It is your responsibility to return the goods to us at your own cost. You can arrange this yourself, or we can arrange it for you via our own courier. The cost of this would be discounted from your refund.
8. Storage Charges
Under normal conditions, no storage charges will be applied.
9. Payment
Full payment is required at the time of booking.
10. Removed Parts
With the exception of Warranty and Service Exchange Parts, removed parts will be disposed by Towbar Express. Disposal will be in accordance with current environmental regulations and legislative requirements. If you require any parts, such as bumper crash beams to be retained and left with you, you must ask the fitter at the time of fitting, parts cannot be returned later.
11. Exchanges
Subject to your statutory rights (which shall not be affected by this provision), once fitted to your vehicle a towbar or any other part cannot be exchanged.
12. Refunds
Subject to your statutory rights (which shall not be affected by this provision), it is not possible to offer refunds after purchase for any parts that have been used on your car. If you believe that a towbar or electric relay that we have fitted is faulty, we will offer you the option of purchasing a replacement while the original part is sent to the manufacturer for analysis. If the manufacturer confirms that the product is faulty the cost of your replacement purchase will be refunded. We do however offer extensive guarantees on our work and parts (see separate section).
13. Updates
Towbar Express reserves the right to add, remove or amend the terms and conditions contained in this site without prior notice.
Website Terms of Use
14. Use of Website Content
The contents of this website (including without limitation all website design, text graphics, the selection and arrangement thereof and all software compilations, source code, software and other intellectual property) are the copyright and under the ownership to Towbar Express or its technology providers / contributors. You may view this website and print or download any part(s) of it for personal, non-commercial purposes only. You must not modify, copy, publish, transmit, display, perform, distribute, reproduce, license, create derivative works from, transfer or sell any information or other content, goods or services obtained from this website without Towbar Express’ prior written consent.
15. Links to Third Party Websites
This website may contain links to websites operated by third parties other than Towbar Express. Such links are provided for your reference only. Towbar Express does not control such websites, and is not responsible for the contents of these websites. Towbar Express’s inclusion of links to any such websites does not imply any endorsement of the material on such websites. Any use of that site by you or any arrangements entered into by you with the owners of those websites is at your own risk.
16. Liability Disclaimer
All content provided on this website is for information purposes only and does not in any manner create a legal contract express or implied between Towbar Express and you except only when agreed by Towbar Express in relation to an order of goods and/ or services made by you through this website which is accepted by Towbar Express.
Without limiting the foregoing, the information, software, goods, and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Towbar Express and/or its respective suppliers may make improvements and/or changes in this website at any time. Towbar Express and /or its respective suppliers make no representations about the suitability of the information, software, goods and services contained on this website for any purpose. All information, software, goods, services and materials including text, graphics and are provided "as is" without warranty of any kind. To the extent permitted by law, Towbar Express and/or its respective suppliers hereby disclaim all warranties and conditions with regard to such information, software, goods and services, including all implied warranties and conditions of fitness for a particular purpose, title and non-infringement. Towbar Express does not warrant that the information available via this site is accurate, complete or current.
In no event shall Towbar Express and/or its suppliers be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c ) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any direct, indirect, punitive, incidental, special exemplary or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, for any information, obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise provided that none of the foregoing and/ or nothing in these terms limits or excludes Towbar Express’s liability for death or personal injury caused by its proven negligence.
You warrant to Towbar Express that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. It is always recommended for you to run anti-virus program on all material downloaded from the internet.
17. Governing Law and Jurisdiction
These terms are governed by and shall by interpreted in accordance with the laws of England and Wales. You hereby consent to the exclusive jurisdiction and venue of courts in England and Wales in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.
18. Relationship of Parties and Third Party Rights
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Towbar Express as a result of the use of this website. Only you and Towbar Express shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of the terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19. Severance
If any part of these terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms shall continue in effect.
20. Entire Agreement
These terms are the only terms upon which Towbar Express is prepared to deal with a purchaser through this website and they shall govern the contract arising from any order made through this website that is accepted by Towbar Express to the entire exclusion of all other terms or conditions.
These terms constitute the entire agreement between the user and Towbar Express with respect to the use of this website and they supersede all prior communications and proposals.
21. Pricing
Offers are for retail customers only. If you are a trade customer, please contact us as we will be able to provide a trade discount for you. More information should be requested in regard to this.
All pricing on this website is in pounds sterling and is inclusive of UK Value Added Tax. Unless explicitly stated, the cost of fitting any parts purchased is included in the price. The price of the goods and/ or services shall be the price specified by Towbar Express in the Order Confirmation issued to you.
Our website contains a large number of goods and services and it is always possible that, despite our best efforts, some of the goods and / or services listed on this website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where goods and / or services are incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
Towbar Express reserves the right, before the relevant contract is formed in accordance with these terms and conditions, to change the price of the goods.
22. Quotations and Additional Work
All quotations / prices shown on our website are subject to change at any time as they are dependent on the cost of goods provided by our suppliers. Where we have provided a quotation in writing either by post or email, it would be valid for 7 days.
Where they include a specific promotional offer which has an earlier expiry date, the expiry date of promotional offers will be clearly marked.
Once work has started you will be informed immediately of any additional work identified. A new quotation will be produced on request and work will only be carried out with your agreement.
23. Locale
Transactions may only to be made through this website by residents of, and/or individuals, located in the United Kingdom.
All services ordered or booked on this website are either carried out at one of our centres in the UK or by one of our mobile fitting vehicles at the location agreed by Towbar Express in our Order Confirmation. Mobile fittings may not be available in some locations.
24. Disclaimer: Selection of the Correct Parts for your Vehicle
The fitting of parts to your vehicle will be subject to a visual inspection of your vehicle prior to the work starting to confirm that you have selected the correct parts for your vehicle.
Towbar Express undertakes reasonable steps to ensure the accuracy of the information on this website but due to the range and complexity of bumpers and trim fitted to vehicles during manufacture and in the aftermarket, we cannot guarantee the accuracy of this information and the results of the said applications on this website. Towbar Express accepts no responsibility for, and excludes all liability for, any losses suffered as a result of any applications on this website that are used by you to select the parts for your vehicle (using either the vehicle registration plate or the vehicle type) or by failing to provide the correct information for your vehicle.
Towbar Express also accepts no responsibility for and excludes all liability for any losses suffered as a result of any of our customers selecting and/ or ordering from us the incorrect towbar, or electrics specification, provided that nothing in these terms limits or excludes Towbar Express’s liability for death or personal injury caused by its proven negligence.
25. Disclaimer: Parking Sensors
If your car is equipped with rear parking sensors, we do not recommend the fitment of a fixed flange ball towbar. In most cases a fixed swan neck towbar will be suitable. However, the only way to fully guarantee that your parking sensors will not pick up the towbar neck is to have a detachable towbar fitted. If you choose at your discretion to have either a fixed flange ball or swan neck towbar fitted, Towbar Express will not be held liable if your parking sensors pick up the towbar neck. In such circumstances it may be possible to upgrade the towbar neck to a detachable and we will provide you with a quotation to do this. This is not possible with all towbars.
26. Disclaimer: Alko Stabilisers and Towballs
Some caravans are equipped with an Alko Stabiliser. You must inform us at the time of booking confirmation if you intend to tow a caravan equipped with an Alko stabiliser.
This type of stabiliser requires extra clearance for the towbar. Fixed swan neck, detachable swan neck, and detachable flange ball towbars usually have this clearance as standard. If you choose a fixed flange ball towbar, you must also order a compatible Alko towball. You may provide your own towball for our fitter to fit, but in this case we do not offer a guarantee for the condition of the towball. Towbar Express will not be held liable for any damage to your car or caravan caused by using a caravan equipped with an Alko stabiliser with a non-compatible towball. You must check for clearance between the stabiliser and your car before towing.
Alko stabilisers require the paint to be removed from the towball before towing to prevent contamination of the stabiliser friction pads. Our fitter will not do this for you, and it is your responsibility to do it after the towbar fitment.
27. Cancellation / Movement of Online Bookings and Purchases
Appointments can be rescheduled to an alternative date (subject to availability) provided one clear working day is allowed between rescheduling and the original appointment (e.g. appointments for Thursday can be rescheduled up to midnight on Tuesday).
You have the right to cancel any online purchase or booking of services without charge by giving written notice prior to the day of service, unless Towbar Express has, with your consent, commenced the performance of the services and incurred cost.
When you have paid in advance for any services from Towbar Express and are not available at the scheduled appointment, we may retain a call-out fee to cover the costs incurred.
Guarantees
28. Faults
Your towbar installation will be tested by our fitter at the time of installation. However, if you discover a fault with your towbar or wiring you should inform us immediately.
We will arrange for our fitter to call out at the earliest available time. Please note that if we discover that any fault is not related to our installation, there will be a call out fee. This is simply to cover our costs in coming out to you. This will be discussed at the time of booking any potential faults.
We will not pay any charges from any 3rd party unless they are agreed by us in advance. In the event that we agree to pay any costs we will only pay for like for like replacement of any parts.
29. Guarantee
We offer a 12 month guarantee on the installation of your towbar and electrics. We shall free of charge repair any faults that appear and you report to us during this time.
In respect of all goods manufactured and supplied to us by third parties we will pass on to you (in so far as possible) the benefit of any warranty given to us by such third parties and will (on request) supply to you details of the terms and conditions of such warranty and copies of any relevant product information sheets, technical data sheets or product leaflets issued by third parties and you shall be solely responsible to the entire exclusion of us for complying with all of these.
Our liability under this Condition shall be to the exclusion of all other liability to you whether contractual, tortious or otherwise for defects in the goods and/or cost of labour or for any loss or damage to or caused by the goods and all other conditions, warranties, stipulations or other statements whatsoever concerning the goods, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded in particular (but without limitation of the foregoing) we grant no warranties regarding the fitness for purpose, performance, use, nature or merchantable quality of the goods, whether express or implied, by statute at common law or otherwise howsoever.
30. General Guarantee Conditions
The guarantees apply from the date of original purchase.
Guarantees are not transferable and only apply to the person who made the original purchase.
Please ensure you retain your invoice, as proof of purchase is necessary before work can be carried out under the guarantees.
All parts originally purchased at Towbar Express are covered by these guarantees, however, parts failing as a result of criminal or malicious damage, fire, theft or where the parts have been used for motorsport, hire vehicles or taxis are excluded.
If work is required to be carried out other than by Towbar Express, approval must be obtained in advance from Towbar Express Customer Service. The guarantee may be invalidated when parts are repaired by a garage or individual other than by Towbar Express. Towbar Express is not responsible for any part removed from the vehicle or adjusted by any person other than Towbar Express.
These guarantees do not cover any defect caused by reasonable wear, tear or corrosion, or any costs incurred through loss of use. Manufacturer’s conditions of sale apply to all goods sold.
These guarantees do not extend to any monetary or compensatory claim, in particular consequential or additional losses.
All Towbar Express guarantees are in addition to your statutory rights.
31. Additional Information
Requests for additional information can be made to Customer Service, Towbar Express Ltd, The Old Barn, Egton, Whitby, North Yorkshire, YO21 1BF.