Terms and conditions
These are the Terms and Conditions of Raymond Hirlihy T/A Auto medic south west.
APPLICATION OF THESE CONDITIONS - OUR CONTRACT
These Conditions apply to all Contracts for the Vehicle Repair Work entered into by us with Private Persons. Such Contracts may be made via the Website, in person, during the course of telephone conversations, or via other forms of electronic communication.
By placing an order with us, you agree to deal with us on these Conditions to the exclusion of all other terms, conditions or warranties contained anywhere else or implied by trade, custom, practice or course of dealing.
We will not transact business with any natural person who is less than 18 years old.
We will only transact business if you are located in the Mainland United Kingdom and the Vehicle is also located in the Mainland United Kingdom.
CANCELLATION OF OUR CONTRACT
The Contract entered into between you and us is formed when you book an Appointment for Vehicle Repair Work to be carried out. This excludes the booking of any Vehicle Assessment.
Any Contract may be cancelled as follows:
By you, at any time prior to the commencement of the Vehicle Repair Work, giving at lease 24hrs notice, ;
By us, at any time prior to the commencement of the Vehicle Repair Work;
By us, at any time following a Vehicle Assessment or following a Pre-Work Inspection; or
By us, if we discover any corrosion to the Vehicle
If you wish to cancel the Contract, then please notify us in writing (by email or direct message) or by telephone using the contact details available to you giving at least 48hours notice. Cancellations under this timeframe will be subject to a short notice cancellation charge of £150
If we wish to cancel the Contract, then we will notify you in writing (by email or direct message) or by telephone using the contact details we have for you.
If upon the vehicle inspection, the technician suspects the repair location will interrupt a vehicle ADAS sensor, you may cancel the repair to book into a body-shop to reinstate manufacturer tolerances.
Normally, under the Distance Selling Regulations, if you are a consumer, you will have a right to cancel the Contract for 7 working days counting from the day after the Contract was formed or, if later, for 7 working days counting from the day after you have been informed of your cancellation rights and other information. However, you agree that the Vehicle Repair Work may start before the end of the usual cancellation period and you further note and agree that your cancellation rights under the Distance Selling Regulations will end when the Vehicle Repair Work starts.
LEASE VEHICLES/VEHICLES WITH ADAS.
LEASE VEHICLES
NO guarantee is given for work on lease vehicles unless being inspected to BVRLA standards of a 2meter visual check in normal lighting. Use of light tunnels, inspecting closer than this and paint depth gauges are not part of this standard.
ADAS
With the increase in vehicle technology, we aim to offer an insight as to whether your vehicle has a form of ADAS fitted which could be negatively effected by a repair. This is not always possible, if the technician suspects ADAS to be fitted to the area requiring repair, they will inform you of this at the inspection stage.
You can either agree to have the repair completed there/then which may/may not alter the ADAS system's operation, or you can cancel and book the vehicle into a body-shop and have the repair completed to manufacturer methods (one coat of paint to plastic panels/car recalibrated upon completion etc). IF YOU AGREE TO COMMENCE REPAIR WITH THIS INFORMATION, NO GUARENTEE OF LIABILITY WILL BE ACCEPTED FOR ANY WORKS CARRIED OUT OR ASSOCIATED ISSUES THIS MAY CAUSE WITH SAID SYSTEM.
KNOWLEDGE AND CONSENT OF THE VEHICLE OWNER
If you are not the owner of the Vehicle, YOU CATEGORICALLY CONFIRM THAT THE OWNER HAS GIVEN THEIR INFORMED AUTHORITY FOR THE VEHICLE REPAIR WORK TO BE CARRIED OUT ON THE VEHICLE.
BOOKINGS
We will provide Vehicle Repair Work services to you by agreement at a location agreed between you and us.
Subject to the respective rights of cancellation, we agree with you and you agree with us that we will use our respective reasonable endeavours to:
make an Appointment or meet the agreed time for a Vehicle Assessment within 30 calendar days of the date of the Contract;
keep to the Appointment or meet the agreed time for a Vehicle Assessment or otherwise give each other as much prior notice as possible if we are unable to keep to the agreed time; and
In the case of either of us being unable to keep an Appointment or meet the agreed time for a Vehicle Assessment we shall each endeavour to reschedule the Appointment or Vehicle Assessment to a further time and date.
If we are unable to provide the Vehicle Repair Work within 30 days of the date of the Contract, then the Contract shall be deemed to have been cancelled, unless you and we agree otherwise.
Cancellations made by you with LESS than 24hrs notice will be subject to a cancellation charge of £100. Cancellations by us with less than 24hrs notice will be subject to a goodwill gesture of a free service ( chip touch up/machine polish panel etc).
*Once the Vehicle Repair Work is completed, you will be asked to confirm that you are satisfied with the result. Please make sure you inspect the Vehicle Repair Work 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.
PRICES AND PAYMENT
Following the booking of an Appointment, we will send you an Order Confirmation. Please note that if you are insured and if your insurer accepts cover, then your insurer may pay a different price to the retail price quoted in the Order Confirmation.
Subject to our rights to cancel the Contract, the validity of any price we offer you for Vehicle Repair Work is fixed for 30 calendar days from the time the offer was made. We may refuse to honour a price outside of this timeframe.
We are committed to reducing fraud made using credit cards. We reserve our right not to accept payment by debit or credit card where we suspect that by doing so a fraud may be perpetrated against us or the registered card holder or anyone else.
Unless otherwise agreed in writing, payment is due on completion of repairs. If the repair has to be rebooked due to circumstances beyond our control, we may take partial payment for any work completed.
If your repair location is within a chargeable area to drive into/out of (congestion charge, clean air zone, ultra low emission zone etc), this charge will be added to the price of repair.
Payment can be via CASH, CREDIT/DEBIT CARD or BACS, UPON COMPLETION OF REPAIRS. Cheques are no longer an accepted form of payment. Receipt's can be sent to an appropriate email address within 24hrs.
FAILURE to settle an invoice within the agreed timescale will be escalated to small claims court to recover amount owed.
OUR GUARANTEE TO YOU
We guarantee the standards of our workmanship for the lifetime of your ownership. This means that we will repair, free of charge to you any defect caused by any FAILINGS IN MATERIAL OR WORKMANSHIP.
This does not affect your statutory rights.
If you believe you have a claim arising under our guarantee, then please just contact us and our staff will be happy to take care of you.
No warranty is given against LEASE VEHICLES due to unrealistic standards, vehicles with previous repairs that have failed/caused the issue or potentially compromise the repair. Vehicles over 10years old. Vehicles with corrosion/oxidisation on repair area.
THE COMPLETED REPAIR WILL DIFFER FROM THAT OF FACTORY FINISH OR EVEN CONVENTIONAL BODY-SHOP.
PRE-EXISTING DAMAGE, DAMAGE CAUSED BY US, CORROSION AND COMPLAINTS
A diagrammatic record of visible damage existing on the Vehicle will be made by our technician by a Pre-Work Inspection before starting Vehicle Repair Work on the Vehicle.
WE EXCLUDE ALL LIABILITY FOR REPAIR OF DAMAGE, WHETHER VISIBLE OR NOT, EXISTING BEFORE WE BEGAN TO WORK ON THE VEHICLE AND WHICH WE/YOU HAVE NOT EXPRESSLY IDENTIFIED AS VEHICLE REPAIR WORK TO BE UNDERTAKEN BY US.
We will perform the Vehicle Repair Work with reasonable care and skill and otherwise in accordance with applicable standards.
If we damage the Vehicle, we can arrange its repair at no cost to you. If you organise a repair yourself without our prior written approval, we do not guarantee to pay the costs you incur. We reserve the right to assess the reasonableness of such costs.
YOU ACKNOWLEDGE THAT THE COST TO US OF REPAIRING THE VEHICLE IN THE EVENT THAT WE DAMAGE IT IS LIKELY TO FAR EXCEED THE AMOUNT WE CHARGE YOU FOR THE VEHICLE REPAIR WORK. FOR THAT REASON:
YOU MUST NOTE THAT WE WOULD CHARGE HIGHER PRICES IF WE WERE NOT ABLE TO LIMIT OUR LIABILITY
YOU AGREE THAT WE WILL NOT REIMBURSE OR COMPENSATE YOU FOR STRESS OR EMOTIONAL UPSET OR INCONVENIENCE OR LOSS OF REVENUE, LOSS OF INCOME OR LOSS OF USE OF THE VEHICLE OR LOSS OF BUSINESS OR PROFITS OR INDIRECT OR CONSEQUENTIAL OR PURE ECONOMIC LOSS SUFFERED BY YOU AS A RESULT OF SUCH DAMAGE.
Nothing above shall operate to limit our liability for fraud or death or personal injury caused by our negligence. Additionally, nothing above shall operate to remove or restrict your statutory rights to the extent that they cannot by law be so removed or restricted.
We are unable to offer a guarantee/warranty to any corrosion on any Vehicle or if there is obvious poor previous repair work. If we find that the Vehicle is corroded or shows signs of previous repairs below our standards, we will stop work. In that case, we will explain your options to you. These SHOULD be evident at the inspection stage, however sometimes will not be. THE COMPLETED REPAIR WILL DIFFER FROM THAT OF FACTORY FINISH OR EVEN CONVENTIONAL BODY-SHOP.
The repair method and materials are all body-shop relatable, the timescale and conditions are not.
IF YOU ARE UNHAPPY WITH ANY ASPECT, INFORM US AS SOON AS IS PRACTICABLE.
You will be asked to inspect the repair work upon completion to confirm you are happy, payment is then due as laid out.
If anything changes with the repaired area after completion, contact us as soon as possible with photos/videos and we will endeavour to inspect as soon as possible and rectify free of charge providing aftercare instructions were followed, there is no fresh damage, the area has not been repaired subsequent to our visit and the issues is concerned with the repair work undertaken.
DATA PROTECTION, PRIVACY AND SECURITY POLICY AND COOKIES
We will take all reasonable precautions to keep the details of orders and payments secure. We will adhere to the principles of the Data Protection Act 2018 to uphold your privacy and protect the personal data provided by you.
You accept and acknowledge that our Privacy and Security Policy shall apply to all dealings between you and us. You agree and accept the use of cookies as set out in our Privacy and Security Policy in relation to your use of the Website.
GENERAL
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by you or us in exercising any right or remedy provided by the Contract or by law will not be construed as a waiver of such right or remedy or a waiver of any other right or remedy.
We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control including without limitation inclement weather and any labour disputes between us and our employees.
A person who is not a party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that act.
The Contract will be governed by English law and you and we submit to the non-exclusive jurisdiction of the English courts.
INTERPRETATION
In these Conditions, the following words shall have the following meanings:
"Appointment" means an appointment to carry out the Vehicle Repair Work on the Vehicle;
"Conditions" means the terms and conditions set out in this document and in the Order Confirmation. Where any terms here conflict with any terms in the Order Confirmation the terms in the Order Confirmation will take precedence;
"Contract" means the contract under which we will carry out the Vehicle Repair Work;
"Distance Selling Regulations" means The Consumer Protection (Distance Selling) Regulations 2000 (as amended from time-to-time);
"Mainland United Kingdom" means the United Kingdom but excluding the Isle of Wight, Isle of Man, Isles of Scilly, Northern Ireland, Channel Islands and all the Scottish islands;
"Order Confirmation" means the confirmation of the Appointment we will send you either by email or by post, following the booking of an Appointment;
"Pre-Work Inspection" means an assessment of the state and condition of the Vehicle made immediately prior to the commencement of any Vehicle Repair Work;
"Private Persons" means private individuals and other persons but excluding any organisations with whom we have any overarching commercial agreement relating to the repair of Vehicles;
"Privacy and Security Policy" means the policy with that name accessible on the Website;
"Vehicle" means the vehicle in relation to which we are to provide the Vehicle Repair Work;
"Vehicle Assessment" means an appointment to assess the Vehicle as to its suitability for us to carry out the Vehicle Repair Work on the Vehicle;
"Vehicle Repair Work" means services provided by us comprising repairs to Vehicles utilising our mobile body shop technology;
"we" means Raymond Hirlihy T/A Auto medic south west and "our" and "us" shall be construed accordingly.
"Website" means the website at www.automedic-southwest.com and
"you" means the person contracting with Auto medic south west under these Conditions and "your" and "yourself" shall be interpreted accordingly.