Terms & Conditions
Welcome to Machine Polishing Central Scotland’s (“we”, “us” or “our”) Terms and Conditions (the “Terms”). The Terms you find below are important as they outline your legal rights and obligation as well as our rights when you book and/or receive our Services. These Terms along with your Booking Deposit Invoice (together the “Agreement”) shall apply to all bookings for the Services to the exclusion of all other terms and conditions unless stated.
Please read these Terms carefully. By paying your non-refundable deposit and confirming your booking with us, you acknowledge you have read these Terms and agree to be bound by them.
We reserve the right to make any amendments or variation to these Terms, our website and our policies (including any special terms and conditions). Should we make any variations, we shall notify you in writing as soon as practicable.
- In this document the following expressions shall have the following meanings:
“Booking Deposit Invoice” means the details of your booking for the Services to be supplied by us to you confirmed via email;
“Personal Information” shall have the meaning given to it in the Data Protection Act 2018;
“Premises” means Unit 4 – Covault Livingston East, Craigshill Street, EH54 5DT or such other location as agreed;
“Price” means the price (including third party costs) set out in the Booking Deposit Invoice (together with any other applicable costs arising in terms of the Agreement);
“Services” means the services as set out on the Website and named in your Booking Deposit Invoice;
“Website” means www.machinepolishing.com and
“you” and “your” means the company, firm or person who has booked the Services.
- In these Terms, unless the context requires otherwise:
- any condition, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of the Terms;
- a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns and reference to a ‘person’ includes a company or corporate body;
- a reference to a gender includes each other gender;
- words in the singular include the plural and vice versa;
- any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
- a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form; and
- a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under these Terms
- In this document the following expressions shall have the following meanings:
- We will provide the Services to you as stated on our Website and as agreed in your Booking Deposit Invoice, and you agree to accept and pay the Price for the Services in accordance with these Terms.
- Your vehicle may be assessed by us on arrival at the Premises and if it is not as previously described or additional Services are required or requested, you acknowledge and agree that you may be subject to an increase in Price for the Services as referred to at 4.1.2 below. You will be notified of any increase in Price prior to the Services being undertaken and no additional work will be undertaken without your consent.
- Time is not of the essence of the Agreement and we shall use all reasonable endeavours to complete the Services within the estimated timeframe specified in the Booking Deposit Invoice.
- We will notify you when your vehicle is ready, providing you with a timeframe for collection, following completion of the Services.
- We reserve the right to refuse to provide the Services at any time.
- Your Obligations
- When using our Services you agree and undertake:
- to provide us with all such information and assistance as we reasonably require and request in order to provide the Services;
- to disclose to us any prior work, defects, modification, custom parts, damage or weakness in the vehicle, either known or suspected, which may affect any work that we undertake during the Services;
- to co-operate with us;
- to provide us with all necessary permissions and consent which may be required prior to us undertaking the Services;
- to comply with any guidance and information that is provided to you or you may be notified of from time to time;
- to inform us immediately of any changes that may affect our provision of the Services; and
- unless otherwise agreed and stated in the Booking Deposit Invoice, to bring your vehicle to the Premises.
- to provide us with (by placing on the passenger seat) the appropriate locking alloy wheel nut key when having booked our optional wheel deep clean/ceramic service.
- to inspect at your alloy wheels have been re-fitted securely and wheel nuts torqued correctly when you arrive to collect the vehicle (before driving the vehicle) and re-assess at regular intervals thereafter.
- You shall be held liable and shall indemnify us for all expenses incurred as a result of your failure to comply with Clause 3.1.
- You confirm that you have a spare set of keys for your vehicle.
- We may require to operate your vehicle in order to provide the Services and you acknowledge and consent to us doing so.
- When using our Services you agree and undertake:
- Our Obligations
- We agree as follows:
- where necessary, we will endeavour to carry out the provision of the Services as agreed in the Booking Deposit Invoice.
- if the work to be provided is not covered by the Services stated in the Booking Deposit Invoice, we will advise you and provide you with an estimate for carrying out such further work. If you instruct us to proceed you agree to pay such estimated amounts or the price calculated by reference to our standard rates.
- Services not stated in your Booking Deposit Invoice will not be performed and we will not provide services to areas of the vehicle that are not agreed in the Booking Deposit Invoice and/or that are not exposed or easily accessible unless otherwise agreed. Areas that we consider may not be easily accessible can include but are not limited to roofs, undercarriages and inside wheel arches.
- Should we cause any damage to your vehicle during the Services, we acknowledge we are liable for the cost of repairing such damage, and any replacement parts and/or labour required to rectify the damage will be sourced and/or performed by us or our contractors. This will be your sole and exclusive remedy for any claim relating to damage caused by us.
- We agree as follows:
- To secure your booking with us a non-refundable booking deposit must be made. The nonrefundable deposit is stated on your Booking Deposit Invoice. Your booking for the Services will not be confirmed until your non-refundable deposit has been received by us. When the Services are complete, the deposit amount will be deducted from your outstanding bill.
- The Price for the Services will be as stated on your Booking Deposit Invoice, subject to amendment where necessary. We will endeavour to accommodate any special requests however we do not guarantee this.
- Payment of your outstanding bill is due when you pick up your vehicle after completion of the Services and the vehicle may not be removed until payment in full is made.
- Outstanding payment, unless agreed, will be made by card payment only.
- Where full and final payment is not made in accordance with Clause 5.3, unless agreed, we reserve the right to charge interest on the amount that is overdue at the standard rate. The payment of such interest shall not affect and be without prejudice to any other rights or remedies we may have.
- Any other charges (including bank charges) incurred in any payments or the recovery of monies for your booking shall be paid by you.
- Changes to the Services booked including the date and/or time of your booking can be made giving a minimum of 5 working days’ notice.
- Any changes requested with less than 5 days’ notice will be accepted at our sole discretion, as will any changes to any rescheduled dates. Should said changes not be accepted by us, another deposit may be required to amend your booking to a future date.
- In the event that you or any third party, not being a sub-contractor of ours, shall omit or commit anything which prevents or delays us from undertaking or complying with any of our obligations under this Agreement, then we shall notify you as soon as possible and shall not be held liable in respect for any delay in the completion of the Services, as a result. Furthermore, we reserve the right to amend the Price and timeframe given to you in relation to the Services should you or any third party omits anything that prevents us or delays us in performing the Services.
- If you are entering into this Agreement as a consumer so that the Services will not be acquired by you in the course of a business, you may cancel the provision of Services by giving notice to us within 14 days of your Booking Deposit Invoice being agreed and your non-refundable deposit being paid (the “Cancellation Period”); PROVIDED THAT if you have received any Services during such period you shall reimburse us for any incurred costs and expenses associated with our provision of the Services in the Cancellation Period and we reserve the right to retain your non-refundable deposit.
- Should you have to cancel your booking due to unforeseen and unavoidable circumstances you must notify us immediately and we reserve the right to retain your non-refundable deposit and charge you the Price in accordance with the Terms of this Agreement.
- Any bookings cancelled with less than 48 hours’ notice until the booking commencement, or in the result of a no-show, we reserve the right to charge the full price for the services that are listed in the booking deposit invoice and will require payment to be made within 7 days.
- Should we have to cancel your booking due to unforeseen and unavoidable circumstances you will be notified as soon as practicable.
- Liability and Indemnity
- We shall not be liable to you or any third party for any loss or damage (including any loss of profit, revenue, business, goodwill or anticipated savings (whether direct or indirect) and any indirect, consequential or special damages, loss, costs, claims or expenses), howsoever arising.
- For the avoidance of doubt, we shall not be held liable for the following:
- damage or loss to your vehicle resulting from acts of third parties who are neither employees or persons acting under the instruction of our management;
- damage or loss to your vehicle if such vehicle is left outside the Premises before or after our usual opening hours;
- loss or damage to you or your vehicle caused by us which is attributed to any prior work, modifications, defects, custom parts, damage or weakness in your vehicle which has not been disclosed to us, irrespective of whether such defects were previously known to you.
- Damage or “burn-through” when carrying out wet-sanding/flattening to aftermarket paint jobs. Paint depth measurements will be taken and test patches carried out to reduce risk of damage.
- Failure to remove rust, corrosion or embedded dirt/contamination when carrying out cleaning on wheels.
- Damage resulting from un-secure wheels, loose or missing wheel nuts once the vehicle has left the premises following completion of our services.
- Should we be held liable, our aggregate liability for any loss caused or contributed to by us shall in no circumstances exceed an amount equal to the total Price stated on your Booking Deposit Invoice, whether such loss arises in contract, negligence, misrepresentation, breach of statutory duty or otherwise, save that these limitations shall not apply to any loss suffered by you arising out of fraud on our part.
- Nothing in these Terms shall exclude or limit our liability for death or personal injury caused as a result of our negligence, breach of contract or otherwise.
- You agree to indemnify us and hold us, our employees and agents harmless from and against all liabilities, losses, damages, claims (including any claims brought by third parties), costs, legal fees and other reasonable expenses in connection with or arising out of a breach by you of any of your obligations under this Agreement.
- We will not be held responsible for any personal items left in the vehicle prior to undertaking the Services. We will endeavour to collect and store any such items left in the vehicle however, it remains your responsibility to remove any such items prior to leaving your vehicle with us.
- Insurance of your vehicle is your responsibility at all times. We do not undertake to insure any vehicles against loss or damage whilst it is at the Premises.
- You warrant that you own the vehicle and/or that you have the authority to enter into these Terms and instruct us to carry out the Services in relation to the vehicle(s) stated on your Booking Deposit Invoice.
- We warrant that;
- we hold all consent, licences and authorisations necessary to perform the Services;
- the Services shall conform in all material respect to their description;
- the Services shall be supplied with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982, Part II s 13 and/or the Consumer Rights Act 2015 as applicable; and
- the Services will comply with all applicable laws, standards and best industry practices.
- The products that we use in the course of providing the Services are specifically designed for use on vehicles. We take every care when using these products and we shall not be held responsible for any damage caused to your vehicle through the use of these products.
- In relation to the Services, you acknowledge we cannot remove 100% of defects however, that we endeavour to achieve as effective a result as possible within the estimated timeframe.
- 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 us.
- Dispute Resolution
- If you are dissatisfied with the way in which the Services have been performed you must advise us within 48 hours or you will be deemed to accept them which shall constitute a waiver by you of all claims relating to the Services.
- You should return the vehicle to us as soon as reasonably possible in the stated condition for us to inspect (photographs will not be accepted as an inspection) and at first instance you will allow us, within a reasonable period of time, an opportunity to rectify any issues raised.
- Should the matter remain unresolved following Clause 10.2, you agree to discuss the matter with us amicably and following a resolution acknowledge that this resolution will be the final and binding resolution.
- The parties agree that this Agreement constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter
- Notwithstanding anything else contained in this Agreement, neither party shall be liable for any delay in performing, or non-performance of, its obligations hereunder if such delay or non-performance is caused by circumstances beyond the reasonable control of the party so delaying or non-performing, including but not limited to strikes, lock outs, labour disputes, acts of God, war, riot civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, disease, epidemic, pandemic, fire, flood, storm or adverse weather conditions.
- If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.
- Our liability is excluded to the maximum extent permitted by law including any implied terms.
- No variation of this Agreement shall be valid or effective unless it is in writing (including email), refers to this Agreement and is duly signed or executed by, or on behalf of Machine Polishing Central Scotland.
- The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contract (Third Party Rights) (Scotland) Act 2017 by any person not a party to it.
- These Terms shall be governed by and construed in accordance with laws of Scotland. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the Scottish courts.