Terms and Conditions
Before you make a booking with The Matt Finish you should read the following terms and conditions. Once a booking has been made, you are bound under these terms and conditions.
In this document, the following words shall have the following meanings:
1.1 “Agreement” means these Terms and Conditions;
1.2 “Premises” means The Matt Finish Unit 14 Castle Road Business Precinct Estate Castle Road Sittingbourne Kent ME10 3RP (EDIT to remove this address on the website version of the T&cs for privacy)
also, any other premises that may be occupied by The Matt Finish from time to time to perform the Services (defined below);
1.3 “Services” or “Cleaning Process” means the Vehicle Valeting/Detailing service(s) selected by you and those offered by us from time to time;
1.4 “Vehicle” means any car, van, commercial vehicle, motorcycle, caravan or any other form of transport accepted by us for cleaning;
1.5 “We”, “us” or “Supplier” means The Matt Finish;
1.6 “You”, “your” or “Customer” means the Customer we make this Agreement with, including any persons we reasonably believe is acting on behalf of the Customer and the with the Customer’s authority and knowledge.
1.7 “The Supplier” means The Matt Finish unless otherwise stated
1.8 “The email address” shall mean the email address that is entered either by the customer or provided by the customer to the company.
2.1 This Agreement shall apply to all contracts for the supply of services by the Supplier to the Customer.
2.2. Before commencement of the Services, the Customer and the Supplier shall agree the Services to be carried out on the Customer’s Vehicle and the price payable for such Services.
2.3 The Supplier shall use all reasonable endeavours to complete the Services within estimated time frames.
3. PRICE AND PAYMENT
3.1 The price for the Services must be agreed by the Supplier before the Supplier taking possession of the Customer’s Vehicle. By leaving your Key and Vehicle with the Supplier, you have entered into a verbal agreement with the Supplier for the Service at the agreed price. Your Vehicle will be assessed by a member of staff on arrival at the Premises, and if it is not as previously described or additional Services are requested by the Customer, the Customer may be subject to an increase in price for the Services.
3.2 The Supplier shall invoice the Customer following completion of the work.
3.3 Invoiced amounts shall be due and payable on collection of the Vehicle. Non-payment will result in refusal to release your Vehicle, and the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at a rate of 5% per annum above the base rate of Lloyds Bank Plc in force at the time. Extra charges for storage at a daily rate of £60 per day shall apply to any Vehicles that you fail to collect within the required 24 hour time frame.
The Customer agrees to use its best endeavours to give the Supplier five days notice should the Customer wish to cancel its appointment with the Supplier. The Supplier retains the right to charge the Customer for the booked and subsequently cancelled Service if the Customer gives less than five days notice of cancellation as per Clause 7.3.
(Edit add something around if cancelled loss of deposit.. deposit needed?)
5.1 The date of Completion/delivery specified by the Supplier is an estimate only and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Services.
5.2 Responsibility of the Vehicle will pass to the Customer upon collection/delivery.
6. VEHICLE CONTENTS
The Supplier shall not be held responsible for any personal items left in the Customer’s Vehicle, for example, Sunglasses, Currency, Pens and suchlike. The Supplier will endeavour to bag and note down any such items that are left/found in such Vehicle, but we respectfully ask that you remove such items before leaving your Vehicle with us.
7. OBLIGATIONS OF THE CUSTOMER
7.1 To enable the Supplier to perform its obligations under this Agreement, the Customer shall:
7.1.1 co-operate with the Supplier;
7.1.2 provide the Supplier with any information reasonably required by the Supplier;
7.2.3 obtain all necessary permissions and consents which may be required before the commencement of the Services; and
7.2.4 comply with such other requirements as agreed between the parties.
7.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.
7.3 Without prejudice to any other rights to which the Supplier is entitled. In the event that the Customer terminates or cancels the Services agreed to, the Customer shall be required to pay to the Supplier as agreed damages and the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than (5) working days’ notice, the full amount of the Services agreed to. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the Services and subject to the payment of damages set out in this Clause 7.3.
7.4 If the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:
7.4.1 the Supplier shall have no liability in respect of any delay to the completion of the work;
7.4.2 if applicable, the timetable for the work will be modified accordingly; and
7.4.3 the Supplier shall notify the Customer at the same time if it intends to make any claim for
7.5 The Customer must disclose to the Supplier any defects, paintwork repairs, smart repairs, damage or weakness in the Customer’s Vehicle, either known or suspected which may affect any work that the Supplier undertakes during the Cleaning Process.
7.6 Insurance of the Customer’s Vehicle is the Customer’s responsibility at all times. The Supplier does not undertake to insure such Vehicle against loss or damage while it is not a The Supplier address, for example dealership work or customer house or chosen location. The Supplier will use it’s best endeavours to ensure the safety and security of the Vehicle whilst in the Suppliers care wherever worked upon.
7.7 The Customer should remove child seats before the Vehicle is left at the Premises. Any seats left in the Customer’s Vehicle shall remain in such Vehicle whilst the Supplier undertakes the Cleaning Process. The Supplier shall not be responsible for putting car seats back into the Vehicle and the Customer must ensure that any child seats are secure before using them. The Supplier shall not be held liable for injury or loss caused by the Customer not re-securing any child seats.
8. ILLEGAL SUBSTANCES OR ITEMS
Any illegal substances or items that are found in the Customer’s Vehicle will immediately result in the Service being terminated, and such Vehicle will be secured, and the relevant authorities notified. It is not the Supplier’s responsibility to inform the Customer of this should it occur.
9. EXCLUSION ZONES AND NOTICES
The Supplier cannot be held responsible for any person or persons entering the Premises and causing injury to themselves due to slippery floors or obstructions. All notice’s inside the Premises should, therefore, be noted. It should also be noted that the public is not permitted to enter the work bay areas at the Premises without prior permission of the management of the Supplier.
You confirm that you have a spare set of keys for your Vehicle and that we shall not be liable for loss or damage caused to you or your Vehicle as a result of us accidentally locking them in your Vehicle.
The Supplier reserves the right to refuse to clean or work on any Vehicle.
12.1 The products that the Supplier uses in the course of its business are specifically designed for use on Vehicles. The Supplier shall not be held responsible for any damage caused to the Customer’s Vehicle through the use of these products. The Supplier’s staff take every care when using these products. MSDS are available for viewing by customers on request and can be provided with 24 hours.
12.2 In certain products there are chemicals used which are hazardous and or could cause damage to clothing, therefore we respectfully request that the Customer does not stand near any Vehicle whilst it is being washed. Any harm or injury caused by products splashing on to the Customer due to the aforementioned not being adhered to cannot be the responsibility of the Supplier and is at the Customer’s risk entirely.
13.1 The Supplier warrants that the Services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
13.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by the Supplier.
(Edit need to check what this implies)
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that the Services provided by the Supplier in accordance with the Agreement between the parties infringes a patent, copyright or trade secret or other similar rights of a third party.
15. LIMITATION OF LIABILITY
15.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
15.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This clause shall apply even where such a loss was reasonably foreseeable, or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
15.3 For the avoidance of doubt, the Supplier shall not be held liable for the following:
15.3.1 Damage or loss to the Customer’s Vehicle resulting from acts of third parties who are neither
employees or persons acting under the instruction of the management of the Supplier;
15.3.2 Damage or loss to the Customer’s Vehicle if such Vehicle is left outside our premises before
or after our usual opening hours;
15.3.3 Loss or damage to the Customer or the Customer’s Vehicle caused by us which is attributed to
defects, damage or weakness in the Customer’s Vehicle which has not been disclosed to the Supplier, irrespective of whether such defects were previously known to the Customer;
15.4 Nothing in this Agreement shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.
16.1 Either party may terminate this Agreement forthwith by notice to the other party if:
16.1.1 the other party commits a material breach of this Agreement and, in the case of a breach
capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
16.1.2 the other party commits a material breach of this Agreement which cannot be remedied under
16.1.3 the other party passes a resolution for winding up, or a court of competent jurisdiction makes an order to that effect;
16.1.4 the other party ceases to carry on its business or substantially the whole of its business; or
16.1.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make
any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
16.2 The Supplier may terminate this Agreement at any time by providing 48 hours notice (oral or written) to the Customer.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
18. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, civil unrest, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
19. INDEPENDENT CONTRACTORS
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the Services being provided to the
Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be served orally or by email or post to the address of the other party as set out on the Customer’s invoice or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
23. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
24. NO THIRD PARTIES
Nothing in this Agreement is intended too, nor shall it confer any rights on a third party.
25. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Edit few more that I can’t work out where to put them and if any amendments to text are needed
- The Price payable and payment terms in respect of an order for Services shall be specified in advance and confirmed within the ‘Confirmation of Booking’.
- The default method of contact by the Company will be by email.
- Any service booked will be booked 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 service than is appropriate for the condition of the vehicle or than is recommended by the Company, the Company will not warrant to the lesser services effectiveness.
- All charges for processing payments are non-refundable regardless of the circumstances.
- The Company intends to turn up to all bookings made, regardless of the weather/light conditions and start and complete the service on the day as listed in the ‘Confirmation of Booking’. The company will only cancel in exceptional circumstances by telephone with written emailed correspondence as soon as it is practicable to do so.
- The Customer must ensure prior to arrival of the Company that sufficient space is available for both the Company’s vehicle and their own, along with sufficient movement around both vehicles.
- The Customer must ensure prior to arrival of the Company that the location of the service as dictated by the Customer is safe, secure and sufficient for the Company to carry out the service and further that the location allows and permits such activity to be carried out. Any parking charges required or levied as a result of the location as chosen by the Customer will be charged to the customer’s account.
- The Customer must ensure prior to arrival of the Company that sufficient fuel is contained within the vehicle to enable the engine to be started and run and the vehicle to be moved should the need arise. The customer hereby accepts that should the vehicle be required to be moved at the sole discretion of the Company, that the Company is hereby authorized to do so, though liability for such movement or the revised location remains with the customer. The Company is however not providing a warranty that it will move the said vehicle.
- The vehicle is booked without being seen in advance and as such the level of service and estimated completion time may alter. Any alteration of service will be advised of but not compulsory and will not be charged for or proceeded with, until the agreement of the client has been sought.
- The arrival time is an estimated and can fluctuate due to a variety of reasons including the condition of a previous car, weather, traffic and other circumstances outside the control of the company. This is not the liability of the company and it shall not, nor can it ever be held liable for such occurrences. Time is not the essence of the contract.
- It is agreed by the Customer that the late arrival by the Company does not constitute a breach of contract by the Company nor does such lateness permit the Customer to cancel the booking without charge.
- Upon completion of the service the customer will be asked 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, the Customer is required to detail the points to the Operative and allow the Operative to rectify the points. In the event that the Customer cannot be present at the completion of the service, such points should be detailed in writing with accompanying photographs and must be received and acknowledged by the Company within 24 hours of the completion of the service.
- Upon completion of the service the customer will be asked to inspect the vehicle and confirm that no damage has occurred during the operation of the Company’s service.
- Failure to make any such claim in the period(s) specified in clause 12 above shall constitute unqualified acceptance of the Service and waiver by the Customer of all claims relating to the Service.
- Any return visits made 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 a representative of the Company.
- Vehicle Inspection Forms are used on the vehicle upon arrival. This is filled out prior to the start of work and updated upon completion of the decontamination wash. This is necessary as some defects and damage can not be seen until clean.
- Deposits – Before any booking can be made we require a % of the agreed price which is a NON REFUNDABLE deposit unless otherwise stated. Deposits can be paid by via Cash, Bank Transfer or Card Payment.
- Warranty & Durability claims –
Any claims of product lifespan / durability are quoted by the product manufacturer and not The Matt Finish. In the event of a product failing before the quoted lifespan then we will carry out an investigation and also contact the product manufacturer to try and find out why the product has failed. In the event that the customer has damaged the protective coating then this will be put down to customer error.
At the end of every treatment involving a Carnauba wax, Sealant, Ceramic based coating. The customer will be given a document containing the information regarding how to correctly care for their vehicle and their chosen Protection package.