Terms & Conditions
1. Terms & Conditions
1.1 All services provided shall be on these Terms & Conditions to the exclusion of all other terms and conditions of business, including any that the Client may send to the Supplier or require the Supplier to accept through a purchase order process, and all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law.
1.2 If there are any inconsistencies between these Terms & Conditions and any of the provisions of the Estimate, these Terms & Conditions shall take precedence.
1.3 The individual completing as the case may be the Estimate on behalf of the Client represents and warrants that he/she has the authority to bind the Client.
1.4 We reserve the right to update these Terms & Conditions at our discretion. If we do so, the updated version will be effective as soon as it is accessible. We recommend that you review these Terms & Conditions before every purchase of Services.
2. Definitions
In these Terms & Conditions, the following words have the following meanings:
2.1 Client/you: the client identified in the Order Form;
2.2 Services: as identified in the Estimate;
2.3 Fee:the fee for Services;
2.4 IP Rights: patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
2.5 Estimate: the online or offline document containing the commercial details of any Goods and/or Services;
2.6 Services: the services identified in the Estimate;
2.7 Site: the website operated by the Supplier;
2.8 Supplier/we: Matthew Hill Coach Trimming Ltd, registered in England with registered number 11520239 with a registered office at Unit 2A Thornhill Court, Billingshurst Road, Coolham, West Sussex, United Kingdom RH13 8QN, and in the event of a dispute, Matthew Hill Coach Trimming Ltd shall determine the identity of the Supplier;
2.9 Vehicle:the vehicle that you provide to us for the provisions of the Services; and
2.10 Working Days:any day other than a Saturday, Sunday or public holiday in England.
3. Services
3.1 We shall provide the Services with reasonable skill and care.
3.2 We shall endeavour to provide the Services with an agreed timetable, providing that a mechanism can be agreed in advance for the re-allocation of your Services time slot, subject to the supplier and client’s retrospective agreement. In addition, you agree that we shall not be liable for any failure to provide the Services in accordance with any agreed timetable as result of your act or omission, including your failure to deliver the vehicle to us on the agreed delivery date.
3.3 Unless we otherwise agree including on the Estimate, you shall pay the Fees for the Services 50% in advance, a further 25% falling due for payment midway through the services programme, with the remaining balance falling due on completion of the specified works as defined in the Estimate. If you are purchasing the Services as a consumer, you may terminate the Services by contacting us by email at info@matthillcoachtrimming.com or in writing to Unit 2A Thornhill Court, Billingshurst Road, Coolham, West Sussex, RH13 8QN within 14 days from the date you agree the Estimate, clearly stating the following: your name and details of the order you wish to cancel and your phone number and email address. However, you may not cancel the Services if we have, following your request to do so, began to provide the Services.
3.4 You warrant that you own the vehicle or have the right to require the Services in respect of the vehicle, and at our request you shall immediately provide appropriate documentary evidence of ownership the Vehicle or such right as the case may be. If we receive any claim from a third party claiming ownership of the vehicle, you shall indemnify and keep us indemnified in respect of all costs, claims, damages, losses and expenses we may incur in relation to such claim.
3.5 You shall notify us if the vehicle tax has not been paid for the Vehicle and you warrant that you have in place valid insurance in respect of your Vehicle.
3.6 We shall endeavour to provide you with 10 Working Days’ notice of the completion date for the Services and you shall ensure that all Fees are paid in full and that the vehicle is collected on the completion date. If your do not pay all Fees in full and/or the vehicle is not collected within 5 Working Days of the completion date, we reserve the right to transport the Vehicle to a storage facility local to us. In such circumstances, you shall pay all reasonable transportation costs, plus VAT and storage costs of £25.00 + VAT per day. Your vehicle will not be released from storage until we receive in full the Fee, together with all transportation and storage costs. You agree that whilst providing the Services and for the purposes of this Condition 3.6, we shall be entitled to drive the vehicle.
3.7 You shall remove all personal items from the vehicle before delivering the vehicle to us. If you fail to do so, we shall not be liable for any loss of or damage to such items.
3.8 If you believe that the Services have not been carried out in accordance with these Terms & Conditions, you must give us full written details of your concern, and the opportunity to remedy the situation within a reasonable time.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if (a) we have insufficient materials and/or resources to provide the Services (b) we have reason to believe that you are in breach of the warranty under Condition 3.4 in respect of ownership and/or rights to require the Services; and/or (c) more than 12 months have passed from the date the vehicle is to be delivered to us for the provision of the Services.
4.2 If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the Order Form except for any sums due for Services provided before the cancellation.
5. Liability
5.1 To the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of Services and/or the Site.
5.2 We shall have no additional liability to you for any failure to provide Services or any delay in doing so that is caused by any event or circumstance beyond our reasonable control.
5.3 We shall not be liable for any defect in the Vehicle that occurred before the commencement of the Services, and you are solely responsible for ensuring that the Services are appropriate and suitable for your needs.
5.4 Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the price paid for the Services that are the subject of the claim.
5.5 Nothing in these Terms & Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
6. General
6.1 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
6.2 Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
6.3 These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.