Terms and Conditions
Copyright © M&S Premier Car Repairs S.L. 2024
Terms and Conditions – M&S Premier Car Repairs S.L.
TERMS AND CONDITIONS OF BUSINESS
1. Definitions
1.1 “The Company” refers to M&S Premier Car Repairs S.L.
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’s operations, set out in this document and any special terms and conditions agreed in writing by the Owner, or other member of this company’s management team, acting for and on behalf of the Company.
2. Conditions
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 services 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 IVA. Where applicable, IVA shall be due at the rate ruling on the date that the IVA invoice is drawn.
3.2 Payment of the price and IVA shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company.
4. Orders / Estimates / Deposits
4.1 Estimates are valid for a maximum of 28 days. If instructions are not received from a customer (in response to an estimate rendered) within 24 hours, the Company may invoice for reasonable storage charges from the date that the vehicle was received until its collection. (Note: the company does not, as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for).
4.2 All estimates by the Company are subject to change caused by variations to the Company of labour, material and parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.
4.3 If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
4.4 The company may refuse to carry out all, or part of any work for any reason whether an estimate has been provided.
Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.
4.5. Orders received, for Goods and/or Services, from any driver employed by the Customer or by any person who is reasonably believed to be acting as the Customer’s agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be binding upon the Customer.
4.6 The Company may demand a deposit before commencing any work. The customer shall co-operate with the Company in all matters relating to the Services.
4.7 Payment for Parts / Special Order Parts
Payment for parts which are a special order for the Customer must be paid for prior to work being carried out all pre-paid parts for works to be carried out are completely non-refundable. Parts returned are subject to a handling charge, parts specially ordered are not returnable.
5. Delivery / Completion
Every effort will be made to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection. The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work.
6. Payment
6.1 Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work. The goods and/or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full of the Customer in respect of such Goods and/or Services.
7. Title and Risk
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 despite delivery. Title of any parts fitted shall not pass from the Company to Buyer until all relevant and outstanding invoices and IVA have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
8. Disputes procedure and Jurisdiction
All contracts entered between the Company and the Buyer shall be governed by the laws of Spain 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 Spain. If the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first contact the Company to try and resolve the matter. The Company has a complaints procedure in place.
9. Work authorisation
Any additional work will need to be authorised by the customer due to fact the vehicle being on site and the customer not, we will accept authorization over the telephone.
10. All parts removed by the Company during the repair shall become the Company’s property.
11. Warranty
Any warranty that applies to parts, the term of the warranty will be denoted by the manufacturer.
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.
12. Damage Liability/Damage to vehicle
The Customer is responsible for checking their vehicle for any damage before it leaves the Company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the Company.
13. Courtesy Vehicle
The Company does not guarantee a courtesy car being available. The courtesy vehicle may only be used by drivers over the age of 25, and any damage to the courtesy vehicle will be needed to cover by the driver’s own vehicle insurance. Copy of the driver’s vehicle license document must be provided prior to taking the courtesy vehicle from the Company’s premises. It is the responsibility of the driver to inspect the courtesy vehicle for damage as per noted on the loan vehicle document prior to leaving the Company’s premises. The courtesy vehicle will be inspected by a member of the Company on its return to the Company’s premises with replacement of any petrol/diesel used while on loan.
14. Waste
The Company is covered for environment waste transfers and a license for disposal of hazardous waste and is available for inspection upon request.
15. Quality Control
Quality control is carried out on repair cars is approximately 10%.
16. Vehicle Storage
The Company will invoice 25.00 euros + IVA per day for the storage of any vehicle not collected within an agreed collection time following completion of agreed work.
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