Terms and Conditions

Application and entire agreement

  1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by MacDonald Ryan Ltd. a company registered in England under number 6881913 whose registered office is at 6 Maultway Crescent, Camberley, Surrey GU15 1PN trading as Bumps & Scuffs (the Service Provider, Us) to the Customer (you) buying the services.
  1. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
  2. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
  2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
  3. Words imparting the singular number shall include the plural and vice-versa.

Services

  1. We warrant that we will use reasonable care and skill in our performance of the Services (also referred to as Repairs) which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
  2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
  3. It is not always possible to establish the exact extent if damage until the repairs commence. If it is discovered that the damage is significantly greater than could be ascertained on initial inspection, you will be contacted and asked to authorise any additional cost.
  4. If you decline we do reserve the right to return the vehicle to you in the same state as it was.
  5. In our capacity as bailees for reward we undertake to take reasonable care of the vehicle that has been entrusted to us.
  6. All these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

 

Your obligations

  1. In accepting our quotation, you are confirming that you either are the registered keeper of the vehicle or you have their express permission to authorise the repairs.
  2. You will bring the vehicle to us in a clean state. If further damage is discovered that could not be seen due to the state of the vehicle
  3. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

 

Fees

  1. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
  2. In addition to the Fees, we can recover from you storage charges at the rate of £20 per day if the vehicle is not collected within 24 hours of you being notified that the repairs have been completed unless by prior arrangement.
  3. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our agreement to provide additional services as set out in Item 9.
  4. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and amendment

  1. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
  2. Either we, or you, can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
  3. If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
  4. The Contract entered between us may be cancelled as follows: 1. By you, at any time 48 hours prior to the commencement of the Vehicle Repair Work
  5. If you cancel within 48 hours of the scheduled appointment, we reserve the right to charge 25% of the contract value
  6. If no notice of cancellation is received, we reserve the right to charge 50% of the contract value
  7. If you wish to cancel the Contract, then please notify us in writing (by email or personal service) or by telephone
  8. 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.
  9. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

 

Payment

  1. We will invoice you for payment of the Fees on the day the vehicle is available for collection and payment must be received prior to collection of the vehicle.
  2. Once the Services have been completed, you will be asked to confirm that you are satisfied with the result. Please make sure you inspect the Repairs 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.
  3. In the event of payment not being made at the time of collection we reserve the entitlement to exercise our right of lien. Any storage of vehicles will be charged at the rate of £20 per day.
  4. Time for payment shall be of the essence of the Contract.
  5. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
  6. Receipts for payment will be issued by us only at your request.
  7. All payments must be made in unless otherwise agreed in writing between us.

 

Sub-Contracting and assignment

  1. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
  2. We operate from two sites and will provide the Services to you at one of these.
  3. The choice of site will be determined by the nature of the damage and the capacities available on the day of the booking. This may involve your vehicle being driven between the two sites. If you do not wish your vehicle to be driven please advise us: we will mutually agree how best the services can be provided.
  4. We have a standard Motor Trade Combined Insurance Policy underwritten by Allianz. If there is a need to move your vehicle between locations, it will be covered by this policy.
  5. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

 

Intellectual property

  1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

  1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
  2. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
  3. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: 1. any indirect, special or consequential loss, damage, costs, or expenses or;
  4. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
  5. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
  6. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
  7. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  8. Any goods or belongings left in the vehicle are done so at your own risk. We cannot accept liability for any loss or damage.
  9. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you.
  10. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

 

Data Protection

  1. The parties agree that where any processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
  2. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
  3. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
  4. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
  5. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

 

Circumstances beyond a party’s control

  1. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  2. Notices shall be deemed to have been duly given:

 

  1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
  2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; 3. on the fifth business day following mailing, if mailed by national ordinary mail; or
  3. on the tenth business day following mailing, if mailed by airmail.
  4. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

 

No waiver

  1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

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Bumps & Scuffs
45 The Street,Wrecclesham, Farnham, Surrey GU10 4QS
Tel: 01252 217 086
Email: [email protected]
Web: www.bumpsandscuffs.com

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