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Standard Conditions of Trade and Copyright.

Standard conditions of trade under which all work request orders or supply to orders are accepted by the person, firm or company wishing to enter into contract, either written or verbally, with JK Smart Repair Leeds  . In these conditions, “customer” means any person, firm or company that wishes to enter into a supply contract/licence (not exhaustive) or request contract with JK Smart Repair, herein called the “repairer”.

The trading name of this company and the company’s website is JK Smart Repair Leeds.

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1. Acceptance of Contract and Limitations

(a) The quote made by the repairer shall not constitute an offer by the repairer. The contract shall be formed when the repairer accepts an order from the customer to proceed with the work, whether in writing or orally, and shall consist of the attached invoice and these conditions of trade. 

(b) Electrical system and components.
Due to the complexities of today’s vehicle electrical systems and components, responsibility will not be accepted under any circumstances for error codes, malfunctions or related electrical problems manifesting during and after work has commenced. 

(c) The repairer reserves the right to take images of vehicles on site for purposes of commercial use and/or marketing without prior consent. Objections are required to be made before commencement of repairs in writing. All images taken are protected by copyright law and cannot be copied, downloaded nor altered in any way without the prior written consent of the repairer. 

 

2. Completion

Completion dates/times are given in good faith by the repairer. In the event of a delay, the repairer will inform the customer that the completion date/time cannot be met and give reasons for delay. The repairer cannot be held responsible for any charges incurred by the customer due to any such delay nor bear responsibility for replacement vehicles or hire charges.

Upon payment being made by the customer to the repairer once the agreed work is complete, the customer is accepting that the work has been completed to a satisfactory standard. The repairer accepts no liability for matters being raised by the customer surrounding the standard of the work after payment has been made and thus the customer has agreed that the standard of the work is satisfactory.

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3. Collection

A collection and delivery service is available by prior arrangement and may be subject to a fee. It is the responsibility of the owner to ensure that the vehicle contains sufficient fuel to enable the service to be completed. In the instance that fuel has to be supplied by the repairer, a receipt will be added to the final invoice for reimbursement.

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4. Corrosion

Whilst every effort will be made to locate and deal with areas of corrosion, if agreed as part of the quote, the repairer cannot guarantee that corrosion present within the metal will not become evident after the work has been completed and thus affect the exterior finish of the vehicle.

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5. Guarantee - bodywork (paint) repair only

The repairer hereby guarantees to correct any defective paint repair where the need arises by reason of defective material or workmanship during repair. This guarantee shall continue throughout the period of 12 months in which the customer owns the vehicle upon which the repairs were carried out, from the date the repairs were completed. The guarantee applies only to the work carried out by the repairer and detailed in the original written or oral specification for repair. The guarantee is not transferable. Customer expenses are not accepted unless first agreed to in writing by the repairer. This does not affect your rights under The Sale and Supply of Goods to Consumers Regulations 2002 and The Supply of Goods and Services Act 1982 that the work in particular will be carried out with reasonable skill and care. 

The repairer does not guarantee that any repairs will satisfy any third party or lease return inspection; the contract for any repairs is between the customer and the repairer.

Limitations:

No claim will be met under the guarantee if the vehicle has been

(a) Used for competitions, racing or record attempts or anything other than private or commercial use of the owner, or other users with the owner’s permission.

(b) Abused in any way or damaged by rust, wear and tear, neglect, improper use or failure to maintain in accordance with the manufacturer recommendations.

(c) Damaged in any subsequent accident.

(d) Repaired using parts not supplied direct by the repairer. Burden shall not be imposed upon the repairer to maintain workmanship levels should non-O.E. or used parts be supplied.

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6. Guarantee - machine polishing only

(a) Whilst every effort is made to completely remove any fine scratches from the surface of the paintwork, the repairer does not guarantee that all scratches can/will be removed via a machine polish.

(b) Whilst every effort is made to completely remove any fine scratches from the surface of the paintwork, the repairer does not guarantee that no scratches can/will reappear after the machine polish has been carried out.

(c) As machine polishing involves the use of abrasives, the repairer cannot guarantee that the depth of the paintwork prior to the machine polish being carried out will be the same as the depth of the paintwork after the machine polish has been completed.

(d) The repairer does not guarantee that any repairs will satisfy any third party or lease return inspection; the contract for any repairs is between the customer and the repairer.

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7. Force Majeure

The repairer shall not be liable in the event on non-fulfilment of a contract owing to an Act of God, war, disease, strike, lockouts, fire or any accident or incident of any nature whatsoever that is beyond the control of the company. All valuables are required to be removed from the vehicle prior to repairs being carried out and are the responsibility of the owner. 

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8. Payment

(a) Where no other terms of payment have been specifically agreed in writing, the repairer’s terms of payment are cash or bank transfer. Payment in full is to be made upon completion of the repairs and/or delivery or collection of the vehicle to the customer. No discount or allowances will be made unless specifically stated and agreed by the repairer in writing. 

 

For business customers only:

“We reserve the right to claim statutory interest at 8% above the Bank of England base rate at the date the debt becomes overdue, in accordance with the Late Payment of Commercial Debts (interest) Act 1998.”

(b) The repairer shall have first and paramount lien on the vehicle and on the work, for all monies due to it from the customer.

(c) VAT to be charged at the rate applicable at the time of completion of the work.

(d) In the event of the work being carried out on the vehicle through an insurance claim, the customer will, at the repairer’s request, sign any documentation required by the insurer to authorise payment to the repairer for work.

(e) All parts remain the sole property of the repairer until fully paid for.

(f) In the event of repairs being authorised by an insurance company, accident management company or legal advisers, the vehicle owner is responsible for full payment in the event of liquidation, bankruptcy or dispute to the above.

(g) Upon payment being made by the customer to the repairer once the agreed work is complete, the customer is accepting that the work has been completed to a satisfactory standard. The repairer accepts no liability for matters being raised by the customer surrounding the standard of the work after payment has been made and thus the customer has agreed that the standard of the work is satisfactory.

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