TERMS & CONDITIONS
1. Definitions
1.1. The Company, KCZ Automotive Limited, is the vendor of the services and/or goods to the customer.
1.2. The Customer is the person contracting for goods and services to be supplied by the Company.
1.3. A Consumer is a Customer who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft, or profession.
1.4. Goods refer to all things to be sold by the Company to the Customer.
1.5. Services refer to all services, including repairs, provided by the Company to the Customer.
2. Whole Contract
These terms represent the entire contract between the Company and the Customer. They may only be modified by written agreement between the parties.
3. Interpretation
The singular shall include the plural, and the male shall include the female or business entity as appropriate.
4. Enforceability
If any of these terms and conditions are declared unenforceable, the remaining terms and conditions shall still remain in full force and effect.
5. Estimate
5.1. All work is agreed upon on an estimate basis unless specifically agreed upon in writing.
5.2. Time for completion of any work is not essential unless specifically agreed upon in writing.
5.3. Any estimate is based on the costs of labor and materials relevant at the current date. The Company reserves the right to adjust the charges to account for any variations, such as increases in wages (controlled by national agreements), materials, or other costs beyond the reasonable control of the Company.
5.4. In the event that any additional work or materials are deemed necessary during the course of these repairs or subsequent testing, an extra charge will be incurred. If this additional work results in a significant increase in the estimated amount, a supplementary estimate will be provided for approval.
6. Regarding paintwork, if new paint is required and the metal work is found to be rusted, all reasonable precautions will be taken to prevent the rust from penetrating through after the painting is completed. However, it should be noted that no guarantee can be given in this regard. If only partial paintwork is needed, every effort will be made to match the existing color schemes, although a perfect color match cannot be guaranteed.
7. Delivery
7.1. The Company will provide an estimated time for the repair of a vehicle and will make every effort to notify the Customer if this estimated time cannot be met. However, the Company cannot accept responsibility for delays that are beyond its control.
8. Payment
Payment is expected immediately upon receipt of the invoice, unless stated otherwise on the invoice.
9. Warranties
9.1. Unless the Customer is acting as a Consumer, the Company does not provide any warranty, either expressed or implied, regarding the quality of Goods or Services or their fitness for any specific purpose, whether known to the Company or not. This is subject to any liability that may be imposed on the Company by the Consumer Rights Act 2015 or any other statutory provision, or in relation to a vehicle covered by a manufacturer's warranty or other written warranty.
9.2. However, without prejudice to its rights, the Company will rectify any faults in goods or services that are a result of the Company's default or negligence, provided that such faults are proven to the Company's satisfaction.
9.3. Except as stated in clause 11.4 below, the Company transfers to the Customer the benefits of any applicable manufacturer's warranty for parts installed during a repair or service of a vehicle.
9.4.The Company's obligations under the contract may be mitigated or removed if any defect is caused or worsened by the following circumstances:
9.4.1. Failure to notify the Company of the defect.
9.4.2. Failure to afford the Company the opportunity to rectify the problem.
9.4.3. Subjecting the goods to misuse, negligence, or accident, or using the vehicle for racing, rallying, or similar sports.
9.4.4. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
9.4.5. Failure to adhere to maintenance instructions regarding the care, treatment, or upkeep of the goods, or failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
10. Regarding liability, when the Company contracts to carry out a defined repair or diagnostic operation, its liability will be limited to the performance of such work as defined by the standard manufacturer's schedule within the scope of that operation.
11. The Company is expressly authorized to use the customer's vehicle on the highway and elsewhere for all purposes related to the outlined work. The Company will take reasonable care of the vehicle and provide legally required insurance for it.
12. Goods supplied by the order of any person in the Customer's employment, or by any person reasonably believed by the Company to be the Customer's agent, or by any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.
13. The Company shall not be held liable for any loss or damage incurred by the Customer when a person, who is believed to have the authority to uplift Goods or Vehicles, does so. The Company is not obligated to verify the authority of any person connected to the Customer.
14. The Customer acknowledges that the Company has a legal lien on any vehicle or vehicles left with them for the supply of goods and services. This lien covers all outstanding payments owed by the Customer.
15. Unless caused by the negligence or default of the Company, the Customer assumes all risks associated with leaving vehicles, components, fittings, and contents with the Company. The Company shall not be held responsible for any loss, damage, or delay in completing service or repairs.
16. In the event that the Customer becomes bankrupt, insolvent, enters into agreements with creditors, or undergoes liquidation, the Company reserves the right to terminate any agreement with the Customer. Consequently, the Company will no longer have any further obligations under the contract. In such circumstances, the Customer is immediately required to pay for all services rendered and goods supplied.
17. The Company will seek the explicit consent of the Customer before proceeding with repairs or the installation of repaired units in cases where new parts, as originally quoted, are unavailable or cannot be obtained within a reasonable timeframe.
18. If a factory reconditioned unit is installed, a surcharge may be applied until the manufacturers have examined and confirmed that the unit is suitable for reconditioning within the Exchange Scheme. If the unit is deemed suitable and the manufacturer issues a credit note, the surcharge will be waived.
19.1. The Company will retain the information provided on the invoice for sales, service, and warranty purposes.
19.2. All agreements between the Company and the Customer are specific to the Customer and cannot be transferred to any third party under any circumstances.
20. In the event of a complaint or dispute, the Customer should adhere to the following procedure for handling complaints: [Please provide the specific complaints handling procedure here].
Formal complaints regarding the Company, its staff, or services must be directed to a Director of the Company. The Director will conduct an investigation on behalf of the Company and provide a written response to the complainant within three working days. If additional time is required for the investigation, the complainant will be notified with a progress update before the end of the third working day. The investigation must be completed by the end of the fifth working day since the last contact with the complainant.
Once completed, a letter or email will be sent to the complainant outlining the Company's position and summarizing the investigation's findings. If the Company does not receive feedback from the complainant within one calendar month, the matter will be considered resolved.
All complaint records will be securely stored electronically and/or in hard copy.
21. This contract does not intend to exclude or limit the Customer's statutory rights if acting as a consumer.
