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Terms

Terms and Conditions
This agreement applies as between you, the User of this Web Site and Smart Carz (UK) Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the web site immediately.
1) DEFINITIONS
“Goods” means any goods and/or services and/or repairs provided by the Company as ordered by the Client
“ Company” means Smart Carz (UK) Ltd.
“ Client” means the person, firm or company placing an order with the Company.
“Contract” means repairs to vehicle as agreed by way of estimate whether or not signed by the Client.
2) APPLICATION
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3) FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
4) QUOTATIONS
The prices, repairs and repair times stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve. If the estimate cannot be adhered to the Company will notify the Client before proceeding. All estimates/quotes provided by email/phone/SMS are subject to inspection in person. All quotes/estimates are valid for 3 months from date of issue.
5) ORDERS/INSTRUCTIONS TO REPAIR
Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company, a deposit has been paid, credit or debit card details have been supplied and /or a booking has been made (either verbally or in writing).
6) RIGHT TO SUB CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work without notice to the client.
7) TIMETABLE
The Company will use its best endeavours to supply the services or materials or complete repairs within the quoted time; however the Company will not be liable for any losses incurred as a result of any delays in completion and return of the vehicle.
8) COPYRIGHT
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by United Kingdom copyright laws, international treaty provisions and all other applicable national laws.
9) RISK OF LOSS/DAMAGE
The Company will take all reasonable steps to ensure protection from loss, damage or destruction of the vehicle/contents/fixtures/fittings. The vehicle will be covered by the Company insurance whilst in our care. We will not be liable for the loss or damage to any valuables or personal possessions left in the vehicle whilst it is in our care.
10) PAYMENTS
10.1 New clients or other clients out of terms may be expected to pay in advance for their services or payment is to be made upon collection of the vehicle. Unless previously agreed the vehicle will not be released upon completion without full and final settlement of the account.
10.2 All other invoices issued by the Company for account Clients shall be paid by the Client within fourteen (14) days of the date of invoice unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge interest on the amount outstanding before and after judgment at the rate of eight (8) percent above the Base Rate of The Bank of England in force from the due date until the date of payment. In addition, invoices unpaid for more than 60 days after the invoice date may incur a surcharge of either £30 or 8% of the outstanding amount, whichever sum is greater. Legal action will be taken for unpaid invoices over 60 days.
10.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of receipt of the vehicle and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
10.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
11) CANCELLATION
Non account Clients will be asked to pay a deposit or supply credit or debit card details by way of a deposit upon making their booking. A £30.00 fee is charged in the event that the Client does not keep the booking and/or does not supply a minimum of 24 hours’ notice of their intent to cancel.
12) NOTICE
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.
13) CONFIDENTIALITY
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
14) EMPLOYMENT OF PERSONNEL
Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with the trade of car body repairs or similar.
15) MOBILE SERVICES Mobile services will be arranged at the discretion of the Company. Services may require access to electricity and/or off street parking as determined by the Company at the time of booking
16) WARRANTY
16.1The Company provides a warranty with all work carried out by itself unless otherwise stated. All guarantees and warranties apply to the registered owner and keeper at the time of Contract and cannot be transferred. Any warranty will only be honoured upon production of the Company invoice and/or receipt.
16.2 Bodywork and paintwork carries a 3 year warranty
16.3 Polished Alloy Wheels and welds to Alloy Wheels guarantee/warranty at the discretion of the Company.
16.4 Painted Alloy Wheels carry a 12 month warranty
16.5 Interior repairs of any kind carry no warranty or guarantee
16.6 The Company shall not supply a guarantee or warranty where the work was sub contracted to a third party. Unless otherwise agreed.
16.7 Any guarantee or warranty can be made null and void in the event of additional repairs being made to the area of repair by a company other than Smart Carz (UK) Ltd.
17) SUPPLY OF COURTESY CAR
The Company may supply a vehicle for use by the Client during the period of repairs.
17.1 The Client should produce a driving licence upon request or complete a driver’s declaration.
17.2 The Client will be liable for the vehicle for the duration of use and any damage incurred whether as a direct or indirect result of the actions of them or others.
17.3 In the event of damage to the vehicle the Client must report this to the Company as soon as is reasonably possible, allowing for periods of closure at the Company
17.4 The Client will be liable for an accident excess of £500.
17.5 Whilst in their care the Client should take all reasonable steps to ensure the safety of the vehicle. Remove personal items, do not smoke in the vehicle and do not allow pets into the vehicle at anytime.
17.6 The Company will hold the details of the Client on record for a period of not less than 3 months. In the event that the Company is notified of any driving or criminal offences being reported the Client will be responsible for any fees or penalties and we reserve the right to pass the Clients details to any official body third party who requests so.
18) LIMITATION OF LIABILITY
18.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods.
18.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
19) FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
20) GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
21) DISPUTE
In all cases of dispute the Company will review the details on a case by case basis; additional advice may be sought where necessary. The outcome of any such dispute will be the Company’s full and final decision.
 

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