Terms and Conditions

1. General and Definitions

1.1 The following conditions issued by MECA Car Services (“the Company”) apply to any contract of which these conditions form part of, to the exclusion of any other standards.

1.2 Set out below are the terms and conditions under which "the Company" carries out service and repair work on behalf of "the Customer". The Customer” shall mean the person or organisation for whom the Company agrees to carry out work & supply materials for.

1.3 No employee, servant or agent of the Company has any authority whatsoever except in writing to amend, vary, modify or waive any of these terms and conditions.

1.4 Nothing in these terms and conditions is intended to affect, nor will it affect the customers statutory rights under the Sale of Goods Act 1979 or the Unfair Contracts Act 1977 and any amendment thereto.

1.5 “Goods” means all Goods, parts and other things to be sold by the Company to the Customer whether or not supplied in conjunction with "the Work".

1.6 “Work" means any Work to be done by the Company whether by way of repair, servicing, fitting or otherwise.

2. Estimates

2.1 Any estimate given by the Company shall be considered an approximation of the likely cost involved based upon such inspection as the Company can or is allowed to carry out at the time of giving the estimate.

2.2 Prices of Goods are those current at the time of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the Goods.

2.3 If it appears during the process of any Work that the estimate will be exceeded by a significant amount, the Company will not continue the Work without further express permission (oral or written) from the Customer.

2.4 Estimates submitted by the Company shall remain open for acceptance for a period of 30 days from the date of the Estimate, unless in the Estimate some other period is specified or accepted, or there has been an increase in the costs of materials and/or labour.

2.5 All prices are exclusive of value added tax unless otherwise stated.

3. Time

The company will use its best efforts to do Work for the Customer but shall not be responsible for any delay in supplying the Goods or carrying out the Work howsoever caused and time shall not be of the essence.

4. Payment

4.1 Unless otherwise agreed, delivery of the Goods shall be at the Company's premises. Personal cheques are not accepted.

4.2 All specially ordered non-returnable Goods must be paid for at the time of ordering.

4.3 All Goods, other than specially ordered Goods, shall be paid for upon Work completion, or in accordance with any credit terms agreed in advance.

4.4 Work shall be deemed complete when the customer is advised by the Company that it has been completed and the Customer's motor vehicle is ready for collection. Unless specific trade terms have been agreed in writing, the Customer will pay for all Work done and Goods supplied and any storage charges before the vehicle may be removed from the Company's premises.

4.5 Interest at the rate of 8% from time to time (both before and after judgment) will be charged from the due date of payment until full payment is made.

5. Storage

If the vehicle is not collected by the Customer within twenty four hours of being advised that all Work is complete, the Company may charge for storage of the vehicle at its current rate. The Company may sell the vehicle if the Customer fails to pay any monies due to the Company after it has been notified that the Work has been completed and the Customer is given one month's notice of the Company's intention to proceed to sell it. Upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after arising for the latest or earlier Work) and all costs of sale.

6. Liability

6.1. The Customer should remove any items of value not related to the vehicle and in respect of any loss or damage which is not the responsibility of the Company must rely upon his own insurance. The Company's only responsibility for loss or damage to any vehicle or its accessories or contents caused by the negligence of the Company or its employees. Except in respect of death, personal injury, the liability of the Company to the Customer for any direct loss, damage, costs or expenses shall be limited to £2m in respect of any one event or series of connected events.

6.2 Except in respect of death or personal injury by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation or implied warranty condition or other term or any duty at common law or under these Terms for any consequential loss or damage (whether for loss of profits or otherwise) costs or expenses whatsoever (and whether caused by the negligence of the Company, its employees, agents or otherwise) arising out of or in connection with the supply of the Goods or the provision of Work or their use or resale by Customer except as expressly stated in these Terms.

6.3 The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in any failure to perform any of its obligations if they delay or failure is due to any cause beyond the Company's reasonable control.

6.4 Motor vehicles parked outside the Company’s premises outside of the Company’s business hours are done so at the Customer’s discretion and own risk and the Company shall not be liable for any damage to or theft of the motor vehicle or contents thereof.

6.5 The Customer will have been deemed to have terminated their contract with the Company if they remove their motor vehicle from the Company’s business premises before any required or advised work has been rectified, for which the Company will not be held liable for.

7. Courtesy Cars

7.1 The Company’s Courtesy Cars are available to use by the Customer by prior arrangement only and are only for use during the day that the Customer’s car is booked in with the Customer, unless an extension to this has been agreed.

7.2 The Courtesy Car will be insured THIRD PARTY by the Company and maintained in a roadworthy and legal condition.

7.3 The driver (named below) will:

• Hold a full UK Driving Licence - valid for over 1 year.
• Be over the age of 21 years.
• Only use the Courtesy Car for Social, Domestic and Pleasure purposes.
• Advise the proprietor of any speeding or parking offences which occur during the usage of the Courtesy Car.
• Be responsible for payment of any penalties arising from speeding or parking offences incurred whilst in charge of the Courtesy Car.
• Replace any fuel used prior to returning it to the Company.
• Return the Courtesy Car in good condition.
• Advise the proprietor of any defects or any accidents that occur immediately thereafter by telephone.
• Be solely responsible for payment of any repairs to vehicles involved in any accident deemed to be the fault of the driver of the Courtesy Car.
• Lock and secure the Courtesy car when not in use.
• Only use the Courtesy Car for local journeys.
• Not exceed the legal speed limit or commit any driving offences.
• Not park in any restricted area which may result in a Parking Ticket or wheel clamping.
• Not smoke in the Courtesy Car or be under the influence of alcohol or drugs.
• Not allow any other person to drive the Courtesy Car.

7.4 The Company reserves the right to withdraw the use of the Courtesy Car without notice.

8. Warranty

8.1 The Company warrants its Work free of defects in workmanship for a period of 12 months or 12 thousand miles, whichever occurs sooner from the date of completion of the Work.

8.2 Subject to clauses 8.3 - 8.8, the Company warrants that all parts will be free from defects in material and Workmanship for 12 months from sale by the Company in respect of any parts fitted or other Goods the Company assigns to the Customer the benefit of the applicable manufacturer's warranty.

8.3 In the event of breakdown or unsatisfactory working of any equipment within the warranty period the Customer should notify the Company as soon as is practicable. The Customer shall not without the Company’s authority repair or attempt to repair the equipment, either by themselves or by others. The Company will carry out any necessary repair or replacement as quickly as reasonably practicable but shall not be responsible for any unavoidable delay outside of their control.

8.4 Where a defect is identified by a third party, for example a breakdown company or another vehicle repair garage, the Customer must inform the Company in writing and provide the Company with all documentation and any other evidence relating to the defect that has been identified.

8.5 No warranty claims can be made by the Customer without full payment of the original Work having first being made.

8.6 No warranty will apply if and to the extent that a defect is caused or worsened by any of the following:

(a) A failure to inform the Company of the defect and have it examined by the Company;

(b) A failure to give the Company the opportunity to remedy it;

(c) If the Goods have been subject to misuse, negligence or accident or used in the motor vehicle for racing, rallying or similar sports;

(d) If the motor vehicle has been driven with an advised defect and/or without a valid MOT, subsequent to the Work carried out by the Company.

(d) The installation of a part into the Goods inconsistent with its use or the alteration of the Goods in a manner inconsistent with its use;

(e) Non-adherence to instructions concerning the treatment, maintenance and care of the Goods or a failure to have the relevant vehicle serviced in accordance with manufacturer's recommendations;

(f) The repair, maintenance or interference of the Goods by anyone who is not authorised by the Company;

(g) Any second-hand Goods or temporary Repairs, noted as such;

(h) Any Goods, either new or second-hand, that are supplied by the Customer.

8.7 The Customer will have been deemed to have terminated their contract with the Company if they remove the motor vehicle from business premises before any required or advised work has been completed which affects the Work already carried out by the Company and this Work will not be Warrantied by the Company.

8.8 If the Work includes weld repairs and/or painting, if the metal to be welded or painted is rusted, every reasonable precaution will be taken to prevent the rust penetrating the paint after completion of the Work, but no warranty will be given in this respect or to the effect that the new paintwork will match existing paintwork exactly.

9. Complaints

Complaints means anything other than Warranty Work (covered above).

Customer can obtain a copy of the Company’s Complaints Procedure by emailing their request to enquiries@mecacarservices.co.uk

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(Updated: 31/12/2020)