TERMS AND
CONDITIONS OF AUTORESTORE LIMITED
1.
APPLICATION OF THESE CONDITIONS -
OUR
CONTRACT
1.1.
These Conditions apply to all Contracts for the Vehicle Repair Work
entered into by us with Private Persons. Such Contracts may
be made via the Website, in person, during the course of telephone
conversations, or via other forms of electronic communication.
1.2.
By placing an order with us, you agree to deal with us on these
Conditions to the exclusion of all other terms, conditions or
warranties contained anywhere else or implied by trade, custom,
practice or course of dealing.
1.3.
We will not transact business with any natural person who is less
than 18 years old.
1.4.
We will only transact business if you are located in the Mainland
United Kingdom and the Vehicle is also located in the Mainland
United Kingdom.
2.
CANCELLATION OF OUR CONTRACT
2.1.
The Contract entered into between you and us is formed when you
book an Appointment for Vehicle Repair Work to be carried
out. This excludes the booking of any Vehicle
Assessment. Any Contract may be cancelled as follows:
2.1.1. By you, at any
time prior to the commencement of the Vehicle Repair Work (we refer
you to Clause 2.4);
2.1.2. By us, at any time
prior to the commencement of the Vehicle Repair Work;
2.1.3. By us, at any time
following a Vehicle Assessment or following a Pre-Work Inspection;
or
2.1.4. By us, if we
discover any corrosion to the Vehicle (we refer you to Clause
8.6).
2.2.
If you wish to cancel the Contract, then please notify us in
writing (by fax, post, email or personal service) or by telephone
using the contact details set out in Clause 10.1.1.
2.3.
If we wish to cancel the Contract, then we will notify you in
writing (by email or by post) or by telephone using the contact
details we have for you.
2.4.
Normally, under the Distance Selling Regulations, if you are a
consumer, you will have a right to cancel the Contract for 7
working days counting from the day after the Contract was formed
or, if later, for 7 working days counting from the day after you
have been informed of your cancellation rights and other
information as set out in Clause 4. However, you agree that
the Vehicle Repair Work may start before the end of the usual
cancellation period and you further note and agree that your
cancellation rights under the Distance Selling Regulations will end
when the Vehicle Repair Work starts.
3.
WHAT HAPPENS IF YOU ARE INSURED?
3.1.
YOU AGREE TO BE RESPONSIBLE TO US FOR THE FULL COST OF OUR SERVICE
TO YOU. If your insurer has passed your details to us to
undertake Vehicle Repair Work as part of an insurance claim:
3.1.1. You agree to pay
us any excess stated under your insurance policy and you further
agree that we may collect the balance of our fee from your insurer;
or
3.1.2. If your insurer
declines cover under your policy or you are not making a claim
under an insurance policy, you agree to pay us our usual retail
price applicable to the Vehicle Repair Work undertaken by us.
3.2.
If you are insured, it is your responsibility to confirm your level
and scope of insurance cover. Where you make a claim under
your insurance and we have received the relevant information from
your insurer, we may advise you of the excess we believe you are
required to pay and we may collect the balance of our fee from your
insurer. You acknowledge that we make no assurance as to the
extent of your insurance policy cover or whether your insurer will
accept of decline insurance cover in relation to the Vehicle Repair
Work. We reserve all our rights to recover payment for
Vehicle Repair Work in all circumstances including without
limitation where information you have provided to us was incorrect,
regardless of whether you are at fault.
3.3.
If the Vehicle Repair Work is the subject of a claim on an
insurance policy and you are not the policyholder, you
categorically confirm that your dealings with us are made with the
informed authority of the policyholder.
3.4.
Where you are registered for VAT, you agree to pay VAT on the full
costs of the Vehicle Repair Work, even where any element of the
principal sum payable has or will be collected by us or otherwise
paid to us by your insurer.
4.
KNOWLEDGE AND CONSENT OF THE VEHICLE OWNER
If you are not the owner of the Vehicle, you
categorically confirm that the owner of the Vehicle has given their
informed authority for the Vehicle Repair Work to be carried out on
the Vehicle.
5.
BOOKINGS
5.1.
We will provide Vehicle Repair Work services to you by agreement at
a location agreed between you and us.
5.2.
Subject to the respective rights of cancellation set out in Clause
2.1, we agree with you and you agree with us that we will use our
respective reasonable endeavours to:
5.2.1. make an
Appointment or meet the agreed time for a Vehicle Assessment within
30 calendar days of the date of the Contract;
5.2.2. keep to the
Appointment or meet the agreed time for a Vehicle Assessment or
otherwise give each other as much prior notice as possible if we
are unable to keep to the agreed time; and
5.2.3. In the case of
either of us being unable to keep an Appointment or meet the agreed
time for a Vehicle Assessment we shall each endeavour to reschedule
the Appointment or Vehicle Assessment to a further time and
date.
5.3.
If we are unable to provide the Vehicle Repair Work within 30 days
of the date of the Contract, then the Contract shall be deemed to
have been cancelled, unless you and we agree otherwise.
5.4.
Once the Vehicle Repair Work is completed, you will be asked to
confirm that you are satisfied with the result. Please make
sure you inspect the Vehicle Repair Work carefully before you give
your confirmation. We will rely on your confirmation that
there are no obvious visible defects in the Vehicle Repair
Work. We accept that your confirmation can not apply to
things you cannot be expected to see at the time of your
inspection.
6.
PRICES AND PAYMENT
6.1.
Following the booking of an Appointment, we will send you an Order
Confirmation. Please note that if you are insured and if your
insurer accepts cover, then your insurer may pay a different price
to the retail price quoted in the Order Confirmation.
6.2.
Subject to our rights to cancel the Contract (we refer you to
Clause 2) , the validity of any price we offer you for Vehicle
Repair Work is fixed for 30 calendar days from the time the offer
was made. We may refuse to honour a price outside of this
timeframe.
6.3.
We are committed to reducing fraud made using credit cards.
We reserve our right not to accept payment by debit or credit card
where we suspect that by doing so a fraud may be perpetrated
against us or the registered card holder or anyone else.
6.4.
We accept payment over the telephone using most major debit or
credit cards other than Diner's Club. Payments must normally
be made at the time of booking the Appointment.
Exceptionally, we may agree to accept personal cheques, which must
be made payable to "Autorestore Limited" and sent to "Accounts
Payable" at the contact address in Clause 10.1.1, within 30 days of
the date our invoice. We do not accept cash payments offered
to our Technicians.
7.
OUR GUARANTEE TO YOU
7.1.
We guarantee the standards of our workmanship for as long as you
own the Vehicle. This means that we will repair, free of
charge to you, any defect caused by any failings in our
workmanship. This does not affect your statutory rights.
7.2.
If you believe you have claim arising under our guarantee, then
please just contact us and our staff will be happy to take care of
you.
8.
PRE-EXISTING DAMAGE, DAMAGE CAUSED BY US, CORROSION AND
COMPLAINTS
8.1.
A diagrammatic record of visible damage existing on the Vehicle
will be made by our technician by a Pre-Work Inspection before
starting Vehicle Repair Work on the Vehicle. WE EXCLUDE ALL
LIABILITY FOR REPAIR OF DAMAGE, WHETHER VISIBLE OR NOT, EXISTING
BEFORE WE BEGAN TO WORK ON THE VEHICLE.
8.2.
We will perform the Vehicle Repair Work with reasonable care and
skill and otherwise in accordance with applicable standards.
8.3.
If we damage the Vehicle, we can arrange its repair it at no cost
to you. If you organise a repair yourself without our prior
written approval, we do not guarantee to pay the costs you
incur. We reserve the right to assess the
reasonableness of such costs.
8.4.
YOU ACKNOWLEDGE THAT THE COST TO US OF REPAIRING THE VEHICLE IN THE
EVENT THAT WE DAMAGE IT IS LIKELY TO FAR EXCEED THE AMOUNT WE
CHARGE YOU FOR THE VEHICLE REPAIR WORK. FOR THAT REASON:
8.4.1. YOU MUST NOTE THAT
WE WOULD CHARGE HIGHER PRICES IF WE WERE NOT ABLE TO LIMIT OUR
LIABILITY AS SET OUT IN THIS CLAUSE 8.4;
8.4.2. YOU AGREE THAT OUR
TOTAL LIABILITY TO YOU IN RELATION TO SUCH DAMAGE IS LIMITED TO:
(A) THE TOTAL COST OF REPAIRING ANY DAMAGE WE CAUSE TO THE VEHICLE;
PLUS (B) FOR ANY PERIOD WHERE THE VEHICLE WILL BE UNAVAILABLE FOR
USE FOR MORE THAN 1 DAY, THE COST TO US OF PROVIDING REASONABLE
ALTERNATIVE MEANS OF TRANSPORT OR A REPLACEMENT VEHICLE OF OUR
CHOICE (ACTING REASONABLY), WHICHEVER COSTS US LESS;
8.4.3. EXCEPT AS STATED
ABOVE, YOU AGREE THAT UNLESS WE HAVE WRITTEN TO YOU TO CONFIRM
OTHERWISE BEFORE WE BEGIN WORK, WE WILL NOT REIMBURSE OR COMPENSATE
YOU FOR STRESS OR EMOTIONAL UPSET OR INCONVENIENCE OR LOSS OF
REVENUE, LOSS OF INCOME OR LOSS OF USE OF THE VEHICLE OR LOSS OF
BUSINESS OR PROFITS OR INDIRECT OR CONSEQUENTIAL OR PURE ECONOMIC
LOSS SUFFERED BY YOU AS A RESULT OF SUCH DAMAGE.
8.5.
Nothing above shall operate to limit our liability for fraud or
death or personal injury caused by our negligence.
Additionally, nothing above shall operate to remove or restrict
your statutory rights to the extent that they cannot by law be so
removed or restricted.
8.6.
We are unable to repair corrosion on any Vehicle. If we find
that the Vehicle is corroded, we will stop work. In that
case, we will explain your options to you.
8.7.
If you have any complaints relating to our Vehicle Repair Work
services or any other matter, please put them in writing addressed
to "Complaints Department" as the address set out in Clause 10.1.1
below.
9.
DATA PROTECTION, PRIVACY AND SECURITY POLICY AND COOKIES
9.1.
We will take all reasonable precautions to keep the details of
orders and payments secure. We will adhere to the principles
of the Data Protection Act 1998 to uphold your privacy and protect
the personal data provided by you.
9.2.
You accept and acknowledge that our Privacy and Security Policy
shall apply to all dealings between you and us. You agree and
accept the use of cookies as set out in our Privacy and Security
Policy in relation to your use of the Website.
10.
INFORMATION REQUIRED TO BE GIVEN
10.1. Please
note the following:
10.1.1. We are
Autorestore Limited, registered under company number 2354648.
VAT Number GB239799201. Our registered office and head
office location is at Signal House, Crown Way, Crown Park, Rushden,
NN10 6BS. Our telephone number is 0800 288 9150. Our
fax number is 0845 230 4402. You can email us at
contactus@autorestore.co.uk;
10.1.2. We supply
Vehicle Repair Work services by prior arrangement in accordance
with Clause 5;
10.1.3. For pricing
and payment information, we refer you to Clause 4;.
10.1.4. For
information on your cancellation rights, we refer you to Clause
2;
10.1.5. For
information relating to complaints, we refer you to Clause 8.7;
and
10.1.6. The only
language offered by us for any Contract is English.
11.
GENERAL
11.1. If any
provision of the Contract is found by any court, tribunal or
administrative body of competent jurisdiction to be wholly or
partly illegal, invalid, void, unenforceable or unreasonable it
will, to the extent of such illegality, invalidity, voidness,
unenforceability or unreasonableness, be deemed severable and the
remaining provisions of the Contract and the remainder of such
provision shall continue in full force and effect.
11.2. Failure or
delay by you or us in exercising any right or remedy provided by
the Contract or by law will not be construed as a waiver of such
right or remedy or a waiver of any other right or remedy.
11.3. We shall
not be liable for any failure or delay in performance of this
agreement which is caused by circumstances beyond our reasonable
control including without limitation inclement weather and any
labour disputes between us and our employees.
11.4. A person
who is not a party to the Contract will have no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of
the Contract. This Clause 11.4 does not affect any right or remedy
of any person which exists or is available otherwise than pursuant
to that act.
11.5. The
Contract will be governed by English law and you and we submit to
the non-exclusive jurisdiction of the English courts.
12.
INTERPRETATION
12.1. In these
Conditions, the following words shall have the following
meanings:-
12.1.1. "Appointment"
means an appointment to carry out the Vehicle Repair Work on the
Vehicle;
12.1.2. "Conditions"
means the terms and conditions set out in this document and in the
Order Confirmation. Where any terms here conflict with any terms in
the Order Confirmation the terms in the Order Confirmation will
take precedence;
12.1.3. "Contract"
means the contract under which we will carry out the Vehicle Repair
Work;
12.1.4. "Distance
Selling Regulations" means The Consumer Protection (Distance
Selling) Regulations 2000 (as amended from time-to-time);
12.1.5.
"Mainland United Kingdom" means the United Kingdom but
excluding the Isle of Wight, Isle of Man, Isles of Scilly, Northern
Ireland, Channel Islands and all the Scottish islands;
12.1.6. "Order
Confirmation" means the confirmation of the Appointment we will
send you either by email or by post, following the booking of an
Appointment;
12.1.7. "Pre-Work
Inspection" means an assessment of the state and condition of the
Vehicle made immediately prior to the commencement of any Vehicle
Repair Work;
12.1.8. "Private
Persons" means private individuals and other persons but excluding
any organisations with whom we have any overarching commercial
agreement relating to the repair of Vehicles;
12.1.9. "Privacy and
Security Policy" means the policy with that name accessible on the
Website;
12.1.10. "Vehicle" means the
vehicle in relation to which we are to provide the Vehicle Repair
Work;
12.1.11. "Vehicle Assessment"
means an appointment to assess the Vehicle as to its suitability
for us to carry out the Vehicle Repair Work on the Vehicle;
12.1.12. "Vehicle Repair Work"
means services provided by us comprising repairs to Vehicles
utilising our patented mobile body shop technology;
12.1.13. "we" means Autorestore
Limited and "our" and "us" shall be construed accordingly.
Further details can be found at Clause 10.1.1;
12.1.14. "Website" means the
website at www.autorestore.co.uk; and
12.1.15. "you" means the
person contracting with Autorestore Limited under these Conditions
and "your" and "yourself" shall be interpreted accordingly.
