WMCD new T&Cs
Terms and Conditions are as follows:
“The Company” – West Midlands Car Detailing, or any person or entity acting on behalf of.
“The Customer” – the person(s), business, entity to whom The Contract of work is caried out for.
“The Contract” – the agreed scheduled of work or provision of services and goods, including all of the following:
- The date(s) of which the provision of service or delivery of goods is to be carried out.
- The location at official West Midlands Car Detailing premises.
- The customer’s billing address if separate.
- The specific service requested by The Customer and agreed by The Company.
- The estimated time, processes and materials to be taken on the vehicle.
- The vehicle to which the service will be carried out on.
- Estimate start/drop off time to commence work.
Section 1 – Outline & Payments
- Any services supplied to The Customer are supplied subject to these conditions. These conditions can only be varied in writing in a document signed by a representative of The Company.
- The Customer thereby accepts these conditions by making a booking with The Company.
- Thee Contract for the supply of Services (The Contract) whether written or verbal shall incorporate these conditions.
- Any waiver or breach of these conditions shall not prejudice The Company’s rights in respect of any subsequent breach.
- The Contract may not be assigned or transferred to another person and therefore is bound to the name and personal details of The Customer provided, exception hereby allowing only for any stand-in representatives prior appointed and in writing beforehand.
- Payment is accepted in Cash or Bank Transfer.
- Payment is due immediately upon completion of The Contract, unless prior agreed in writing by The Company.
- The Customer will be sent an electronic invoice with the bank transfer details of The Company.
- Should an invoice remain unpaid upon completion of The Contract, the vehicle will not be released back to The Customer.
- A payment of £100 will be charged for every 4 working days that the car is not collected from The Company.
Section 2 – Provision of Services
- The Company reserves all rights to refuse service or contact to any individual(s), business or entity for any reason at any time without disclosure of reason.
- A deposit of £100 is required in advance to secure the booking. This is non-refundable but can be transferred to another date should adequate notice be given (5 working days notice prior to the date of work commencing).
- Should The Customer need to reschedule a service, The Customer must provide written notice no less than 5 workings days prior to the time of the booking commencement, and this must be acknowledged by The Company in writing before the booking commencement.
- The Company will only cancel or amend bookings in exceptional circumstances, with decisions regarding the weather or other impacting circumstances solely at the discretion of The Company.
- The Company reserves the right to cancel a booking (and return any paid deposits where applicable) at any time prior to the delivery due to non-availability of staff or discontinuation of Service; or where The Company has stipulated payment in advance of delivery (such as partial or full payment in advance) and no such payment has been received.
- The default method of contact by The Company will be by email where this is possible as a primary, and telephone as secondary. Should the customer prefer a certain mode of contact this is to be stipulated in advance.
- Any service booked will be done so in co-operation with The Company, who will advise in most cases of the appropriate Service based upon the information provided by The Customer. Should The Customer choose a lower level of Services than is appropriate for the condition of the vehicle or than is recommended, The Company will not warrant to the lesser service’s effectiveness.
- The booking is not confirmed until agreed in writhing by The Company. It is the responsibility of The Customer to ensure receipt and accuracy of any confirmation of booking and relevant details both sent and requested by The Company.
Section 3 – General Services
- The Customer must ensure, prior to arrival to The Company that the vehicle to be worked upon as part of The Contract is emptied of all personal and non-fixed items within the vehicle. The Company reserves the right and The Customer herby acknowledges that right, to either make a further charge for clearance of The Customer’s vehicle to refuse to undertake the Service which will be treated as surrender of The Booking Fee and/or an further charge being levied solely at the discretion of The Company.
- The vehicle must be ensured by The Customer that the main battery holds sufficient charge to enable the vehicle to be moved where necessary, and the doors to be open for any interior cleaning without running out of charge.
- The vehicle is often booked without being seen in advance and as such the level of Service and estimated completion time and cost to The Customer may alter. Any alteration of Service will be advised of where feasible. The Company reserves the right to cancel the service without forfeit should the vehicle be presented in a condition totally unsuitable for the requested level of service, it is therefore in the interest of The Customer to be honest with the description of the vehicle upon enquiry.
- The Company reserves the right to abandon The Contract and enforce the invoice to be payable in full in the event of abusive or unreasonable behaviour towards The Company.
Section 4 – Drop-off Services
- Additional to the terms in Section 3, specific points apply to drop-off services as below.
- The vehicle is to be dropped off close to the specifics agreed time, although due to uncontrollable factors such as traffic, no penalty shall be applied to marginal lateness from The Customer provided that this does not impact The Company’s ability to perform the service within the allocated time frame.
- The vehicle must contain enough fuel to be started and moved, and battery must hold enough charge to be driven away by the Customer after completion of the Service. The Company does not take liability for the vehicle running out of fuel or battery charge whilst in its care.
- The Company has taken all feasible precautions for the safekeeping of the vehicle whilst in the care of the Company. The vehicle must be insured by The Customer. The Company is insured for any damages to the Customer’s vehicle caused by The Company. Theft of a vehicle whilst in the care of The Company is the responsibility of The Customer, and The Company accept no liability.
Section 5 – Service Completion & Process
- Upon completion of The Service, The Customer will be asking to inspect the vehicle and confirm that the Service has been completed to the specification as explained by The Company. Should the Customer be unsatisfied with completion of the Service or hold any dissatisfaction or damage accusation towards the Company, The Customer is required before leaving the premises to detail the points to The Company and allow reasonable opportunity to rectify the points or make suitable arrangements, with any measure deemed appropriate by The Company. Once the service is complete and checked by The Customer, it will be confirmed as satisfactory at all points.
- In the event that The Customer cannot be present at the completion of the Service, a representative appointed by The Customer whose name and contact details are to be provided to The Company in advance should one be designated.
- Failure to make any such claim specified above shall constitute unqualified acceptance of the Service and waiver by The Customer of all claims relating to the Service provided by The Company.
- Any additional Services carried out by The Company are at the sole discretion of The Company and are not open to negotiation or alteration without the express written agreement of The Company.
- Should the nature of the cause for complaint not be immediately evident, The Customer should contact The Company within posted working hours outlining points of concern to which The Company shall be granted an opportunity to respond to; either to explain any misunderstanding or to offer reasonable process to address the stated issues at the discretion of the Company.
- Under no circumstances shall any refund for completed works be given where the service has been completed within the realms of these competed Terms and Conditions.
Section 6 – Final
- If The Company shall be prevented or hindered from supplying all or any of the Services in accordance with the order by any circumstances beyond its reasonable control (including without prejudice to the generality of the foregoing force majeure delay by supplier trade disputes including disputes involving The Company’s own workforce and all other causes whether or not of a similar nature beyond the reasonable control of The Company) The Company shall be entitled by notice by telephone or in writing to the other forthwith to rescind The Contract and in such circumstances The Company shall not be liable to The Customer for any direct or consequential loss or damage suffered by The Customer as a result of The Company’s inability to perform its obligations.
- Save as aforesaid (and save in respect of death or personal injury resulting from the negligence of The Company, its servants or agents), The Company shall not be liable for any claim(s) for direct, indirect, consequential and/or incidental injury loss and/or damage made by The Customer against The Company (whether in contract or in tort, including negligence on the part of The Company or its staff) arising out of or in connection with any defects of any Service supplied or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of The Contract or breach of a fundamental term hereof) of The Company or its staff in the performance of The Contract.
- Subject only to the provisions of these conditions no statement undertaking warranty or condition express or implied by law, trade, custom or otherwise shall apply to The Contract.
- The Customer shall indemnify The Company against all actions, claims or demands by third parties against The Company howsoever arising directly or indirectly in respect of or in connection with the Service or The Contract by The Company to supply the same upon the Terms and Conditions herein contained.
- If at any time any one or more of the provisions of the above clauses or sub-clauses is or becomes invalid, illegal or unenforceable in any reset under any law the validity and enforceability of the remaining clause and/or sub-clauses hereof shall not in any way be affect or impaired thereby.
- All information and intellectual property found on this website, blog or on any documentation otherwise provided by The Company belong to West Midlands Car Detailing; any plagiarism, copying, or any use of such subject to appropriate legal action.
- These conditions and each and every Contract containing them shall be governed by the Laws of England and the Customer will submit to the jurisdiction to the English Court