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TERMS OF SERVICE

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CAR COSMETIC REPAIRS Terms of Business

The contract to carry out work detailed on an Estimate is between the Customer and Car Cosmetic Repairs: no term hereof shall be enforceable by a third party (as defined in the Contracts (Rights of Third Parties) Act 1999 (under the provisions of the Act).

 

1.Estimates

Any Estimate provided by Car Cosmetic Repairs prior to inspection of the damage is indicative only and subject to revision. Once the vehicle has been inspected you will be provided with a written Estimate (or a revised Estimate as the case may be) by email, or by post if email is not available, which will be an offer to carry out repairs to the damage indicated at the price stated. The Customer’s agreement to proceed with the repairs constitutes acceptance of that offer and forms a binding legal contract incorporating these Terms of Business. Estimates are valid for seven (7) days for individuals and for twenty one (21) days for businesses respectively, from date of issue unless otherwise agreed in writing by Car Cosmetic Repairs.

 

 

2.Booking Date

Shall be the date on which Car Cosmetic Repairs confirms the arrangements, including the cost, date, time and location for the work indicated on the Estimate to take place.

 

 

3.Cancellation rights

You have the right to cancel this contract and you may exercise this right by delivering, or sending by email to Car Cosmetic Repairs at any time within forty eight (48) hours prior to the Booking Date for individuals and within fourteen (14) days prior to the Booking Date for businesses, respectively. This notice of cancellation will be deemed to have been served from the day/time a cancellation email has been sent. An example cancellation form is set out in Schedule 1 below.

4.Work starting before end of cancellation period

If you authorise Car Cosmetic Repairs to commence work within forty eight (48) hours of the Booking Date (for individuals) and within fourteen (14) days of the Booking Date (for businesses), you still have the right to cancel this contract, but you must pay for the value of the service that is provided up to the point of cancellation, as above.

 

If the service has been completed, in full, within forty eight (48) hours of the Booking Date (for individuals) or within fourteen (14) days of the Booking Date (for businesses), the right to cancel will be lost and the full payment must be made to Car Cosmetic Repairs.

5.ADAS – Re-calibration

If your vehicle is fitted with ADAS, vehicle manufacturers specify that ADAS systems may require recalibration following repair work to ensure that the ADAS system continues to operate. We will advise you at the point of your initial estimate if our system provides an advisory that your vehicle has or may have ADAS fitted. For the avoidance of doubt we do not complete ADAS re-calibration services within the repair. You will need to arrange re-calibration with your dealership network or we can recommend a third-party company to perform this recalibration. If re-calibration is required, it is your sole responsibility to ensure this work is carried out in a timely manner at your cost.

5.Repair Location

Repairs may be completed at a location agreed with the customer, or at Car Cosmetic Repair's nominated location. Car Cosmetic Repairs reserves the right to decide, in its sole discretion, upon the suitability of the location and will not be obliged to complete repairs if the location is not safe or suitable. This location may, therefore, be changed at any time including on the day of the booked repair as variable factors, including but limited to, weather and available light affect this decision. If Car Cosmetic Repairs decide that the repair should be completed at a location other than that originally envisaged, the customer authorises Car Cosmetic Repairs to remove the vehicle to an alternative location. Removal and return of the vehicle in these  circumstances will be free of charge.

If, for any reason, including but not limited to inclement weather, Car Cosmetic Repairs is unable to carry out the repair(s) at the time, date or location indicated on the Estimate or subsequently agreed at the time of booking Car Cosmetic Repairs will not accept any liability for costs or inconvenience incurred by the customer as a result. Car Cosmetic Repairs will make an offer to conduct the repair(s) at the Estimate price at an alternative time, date or location convenient to both parties.

 

 

6.Repairs

Car Cosmetic Repairs undertakes to carry out the Repair(s) indicated on the Estimate. If it becomes clear that, in the opinion of Car Cosmetic Repairs, that further work is necessary to complete the Repair(s), the customer’s authorisation and agreement will be obtained before any further work is carried out that would increase the price on the Estimate. If such authorisation is not given, Car Cosmetic Repairs reserves the right not to continue with the Repair(s). In these circumstances the full Estimate price remains payable by the Customer. Further work that does not increase the Estimate price may be carried out without the requirement for customer authorisation.

No repairs will be identical to an automotive factory finish, which is machine sprayed to tolerances beyond human capability: no repair will be ‘as good as new’. Car Cosmetic Repairs discharges its obligations under any repair agreement by providing a good quality, hand completed aftermarket repair. In normal circumstances, such a repair is unlikely to be detected by a casual examination of the vehicle by an untrained observer unaware of the previous damage location.

End of lease inspectors may, as trained experts in their field, be able to identify Repairs.

The Car Cosmetic Repairs repair system includes elements (including but not limited to factory paint reproduction information) that are provided by a third party. Finish, including but not limited to, colour match, may be approximate only when limitations of such third party elements prevent a more precise finish. In such a case, provision of by Car Cosmetic Repairs of an approximate finish will be considered to constitute a good quality repair.

It is the absolute responsibility of the customer to advise Car Cosmetic Repairs of any non-original finish to any areas on the vehicle, including but not limited to repairs to previous damage and re-sprays. In the case of incompatibility with a non-original finish (whether or not notified by the customer) Car Cosmetic Repairs has.

 

the right to void this contract. In these circumstances, Car Cosmetic Repairs will not be obliged to complete or rectify any Repair(s) and the customer will not be obliged to make payment.Car Cosmetic Repairs has the right to void this contract, in the circumstances stated above, even if the Customer is not aware of any non- original finishes to the vehicle.

 

 

7.Improvements

Stone chips, touch-ins and any other work identified on the Estimate as an Improvement will not constitute a Repair and will not be undetectable against the original finish. The level of improvement is not guaranteed.

 

 

8.Extent of guarantee

Car Cosmetic Repairs guarantee Repairs to the vehicle for the owner of the vehicle whilst that person retains ownership. The guarantee is a formulation and application guarantee: that the finish will not degrade due to the paint being improperly mixed or applied by Car Cosmetic Repairs.

In the event of a claim, the Customer must produce a copy of the invoice. It is a condition precedent to the customer being able to claim on the guarantee that such paperwork is produced to Car Cosmetic Repairs. Statutory rights are not affected. It is incumbent on the Customer to keep the invoice and receipt as proof of work carried out. No guarantee claim shall be considered by Car Cosmetic Repairs without the appropriate paperwork.

In the event that the Customer meets the cost of Repair(s) for a third party, it is the responsibility of the third party to retain a copy of the invoice which must be produced in the event of a claim.

No guarantee of any sort is offered against damage or deterioration to the finish in the following ways:

  1. By any corrosion or rust (whether or not it was evident before the repair was carried out;

  2. Failure of the surface to which the repair is applied (i.e. as the result of a previous aftermarket repair);

  3. Further accident or impact (including but not limited to stone chipping);

  4. Inappropriate aftercare, contrary to instructions supplied upon completion of the Repair(s), including but not limited to washing the vehicle within three days of completion of work, the use of corrosive cleaning agents, i.e. acidic alloy wheel cleansers.

 

 

Improvements, as set out in paragraph 8 above, are not covered by any guarantee.

Alloy Wheel repairs are covered by a six-month guarantee unless otherwise stated and are subject to the above exceptions.

Any refund or liability shall be limited to the maximum of the value indicated for the repair on the Estimate or Invoice.

The guarantee is not transferable.

Claims made under the Car Cosmetic Repairs guarantee shall be referred to the specialist that completed the Repair(s), who has the right to repeat performance: to carry out the service again. If this is not possible, the right to a price reduction (which may be the full amount of the price for the unsatisfactory repair, not necessarily the full invoice value) will be considered by Car Cosmetic Repairs.

Any such claim will then be considered by Car Cosmetic Repairs, as above, upon the provision of appropriate paperwork (including copy invoice(s) and/or proof of payment (i.e. copy bank statement or evidence of payment by cheque), photographs and all correspondence with Car Cosmetic Repairs regarding the complaint). The Repair(s) will be subject to an inspection by an alternative Inspect B4 Purchase specialist before a resolution is agreed, if the complaint is upheld. Any refund or liability shall be limited to the maximum of the value indicated for the Service(s) on the Invoice.

If the claim remains unresolved, the Customer may refer their complaint to the British Vehicle Rental and Leasing Association Ltd (BVRLA) for their consideration under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, at www.bvrla.co.uk. Car Cosmetic Repairs Limited will not be obliged to participate in the ADR process if:

  1. the claim has been settled; or

  2. the claim does not fall within the rules of the BVRLA procedure; or

  3. the Customer has not submitted the complaint within six months of receiving a final decision from Car Cosmetic Repairs International Limited regarding the dispute; or

  4. the claim is vexatious or frivolous.

 

 

9.Payment

Unless other arrangements have been agreed before the Repair(s) is carried out, payment is due in full upon completion of the Repair. Payment may be made by cash, debit or credit card (where available and may be subject to a card processing fee) or any other method agreed with Car Cosmetic Repairs.

 

 

Any refund must be made by the same means of payment as used to pay for the Service.

 

Schedule 1

EXAMPLE CANCELLATION FORM

 

 

 

  • To (Enter the full business name and contact details):

 

  • I/We (*) hereby give notice that I/We (*) cancel my/our contract for the supply of the following service (*)

 

  • Ordered on(*) / received on (*)

 

  • Name of consumer(s)

 

  • Address of consumer(s)

 

  • Signature of consumer(s) (only if this form is notified on paper)

 

  • Date

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