Terms & Conditions.
Terms and Conditions of Business.
1.1 “The Company” refers to MKD Automotive.
1.2 “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company.
1.3 “The Conditions” refers to the terms and conditions of the Company operations, set out in this document and any special terms and conditions agreed in writing by a Proprietor, Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of the Company.
1.4 The expression ‘vehicle’ wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage, and cycle and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company. The price of the work carried out is exclusive of VAT. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.
3.2 Payment of the price and VAT shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 30 days from date of invoice.
4. Credit Terms
4.1 Where Credit Terms have been extended to the Buyer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer exceeding the Credit Limit extended to the Buyer.
5. Remedies for late Payment
5.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period of 30 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.
5.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 5.1 above.
5.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 5.2 above.
5.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of the Company until all amounts owed are paid.
6. Title and Risk
6.1 Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
6.2 All parts removed by the Company in the course of the repair shall, if not claimed by the Customer after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
7. Buyer’s Warranties
7.1 The Buyer hereby warrants that he is not an undischarged bankrupt and has not committed any act of bankruptcy or being a company with either limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver or to petition for the winding up of the company or exercise any other rights over or against the company’s assets.
8. Disputes procedure and Jurisdiction
8.1 Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place.-It also complies with the Data Protection Act.
9.1 The parts and labour itemised on the invoice, are guaranteed free from defect for 12 months or 12000 miles (which ever comes first) from the date of invoice, unless detailed otherwise, with the exclusion of damage arising from customer/third party interference, routine wear and tear, negligence, abuse and accidental damage. This applies to new parts provided by the Company only (exceptions apply).
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.
10. Vehicle Storage
10.1 The Company will invoice £12.00 + VAT per day for the storage of any vehicle not collected within 24 hours of being advised of completion of work.
11. Surcharge for Special Order Parts
11.1 A Surcharge of 100% is payable to the Company for parts which are a special order, which are ineligible for a full refund on return to our supplier, for the Customer if the Customer does not go ahead with the repair.
12.1 The Company reserves the right to request upto a 50% deposit on ‘special order’ or ‘non returnable’ parts or services.
13.1 Where in any case a driver who, so far as the Company is aware has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss of damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then or to have been at some time, connected with the Customer.
14 Loss or Damage
14.1 The Company is not responsible for loss or damage to vehicles or other property whatsoever or however occasioned except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its servants.
14.2 Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
15 Health and Safety
15.1 Health & Safety laws will apply where applicable when each customer’s vehicle is serviced or repaired.
16.1 The Company may send emails or letters offering information on current services or offers the the Company might offer.
16.2 The Company may send a reminder for your vehicles MOT, Service or other work required before the due date for such work.
16.3 The Company will not send spam
16.4 By contacting the Company you can unsubscribe at any time from all forms of marketing.
16 Data Protection
16.1 The Company is conscious that you trust us with your private information which is necessary to process your order. Other than where stated within these Terms and Conditions and with our chosen payment card service provider, you have our assurance that your information will not be shared with other organisations outside of the Company, unless those organisations are working on behalf of the Company or we are compelled to do so by law.
16.2 Individuals may obtain details of their own data which is held and/ or processed by the Company. For details of how to obtain such details please contact the Company.
No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company by a Director or a duly authorised officer of the Company. No other person has the authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of the Company otherwise than on such conditions.