Terms & Conditions

Machine Polishing Central Scotland Terms and 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. 

 

1. Definitions

1.1. In this document the following expressions shall have the following meanings:

Booking Deposit Invoicemeans 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;

Premisesmeans Unit 4 – Covault Livingston East, (Eucal Business Centre) Craigshill Road, 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);

Servicesmeans 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.

1.2. In these Terms, unless the context requires otherwise:

1.2.1. 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;

1.2.2. 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;

1.2.3. a reference to a gender includes each other gender;

1.2.4. words in the singular include the plural and vice versa;

1.2.5. 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;

1.2.6. a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a

legible and non-transitory form; and

1.2.7. 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

 

2. Services

2.1. 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.

2.2. 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. 

2.3. 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.

2.4. We will notify you when your vehicle is ready, providing you with a timeframe for collection,

following completion of the Services.

2.5. We reserve the right to refuse to provide the Services at any time.

 

 

3. Your Obligations

3.1. When using our Services you agree and undertake:

3.1.1. to provide us with all such information and assistance as we reasonably require

and request in order to provide the Services; 

3.1.2. 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;

3.1.3. to co-operate with us;

3.1.4. to provide us with all necessary permissions and consent which may be required

prior to us undertaking the Services;

3.1.5. to comply with any guidance and information that is provided to you or you may be

notified of from time to time;

3.1.6. to inform us immediately of any changes that may affect our provision of the

Services; and

3.1.7. unless otherwise agreed and stated in the Booking Deposit Invoice, to bring your

vehicle to the Premises. 

3.1.8. 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.

3.1.9       to ensure 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.

3.2. 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.

3.3. You confirm that you have a spare set of keys for your vehicle.

3.4. We may require to operate your vehicle in order to provide the Services and you

acknowledge and consent to us doing so.

 

 

4. Our Obligations

4.1. We agree as follows:

4.1.1. where necessary, we will endeavour to carry out provision of the Services as

agreed in the Booking Deposit Invoice. 

4.1.2. 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.

4.2. 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. 

4.3. 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.

 

 

5. Price

5.1. To secure your booking with us a non-refundable booking deposit must be made. The non-

refundable 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.

5.2. 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.

5.3. 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.

5.4. Outstanding payment, unless agreed, will be made by card payment only.

5.5. 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.

5.6. Any other charges (including bank charges) incurred in any payments or the recovery of

monies for your booking shall be paid by you.

 

 

6. Changes

6.1. 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.

6.2. 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.

6.3. 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.

 

 

7. Cancellation

7.1. 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 24 hours of your Booking Deposit Invoice being agreed and your

non-refundable deposit being paid (the Cancellation Period“); PROVIDED THAT the notice given is more than 48 hours’ notice until the booking commencement and 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.

7.2. 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.

7.3. Once the cancellation period has passed, your booking may only be altered or moved giving

                5 days notice (or more). Changes with less than 5 days notice (but more than 48 hours) may

                only be made with our permission. If requested changes are not granted, you may

                continue with the original booking terms or cancel. Cancellations within this period will result

                in the retainment of your deposit and any new date/services being booked treated as a

                separate new booking.

7.3.1        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 by the original booking commencement date & time (shown as ‘DROP OFF’) on your deposit invoice.

If you have saved credit/debit card details when paying your deposit to the online system used (Square) you here by agree that we can collect payment immediately via these details.

7.4. Should we have to cancel your booking due to unforeseen and unavoidable circumstances

you will be notified as soon as practicable.

 

 

8. Liability and Indemnity

8.1. 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. 

8.2. For the avoidance of doubt, we shall not be held liable for the following:

8.2.1. 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;

8.2.2. damage or loss to your vehicle if such vehicle is left outside the Premises before

or after our usual opening hours;

8.2.3. 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.

8.2.4. 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.

8.2.5. Failure to remove rust, corrosion or embedded dirt/contamination when carrying out cleaning on wheels.

8.2.6.  Damage resulting from un-secure wheels, loose or missing wheel nuts once the vehicle has left the premises following completion of our services.

8.3. 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.

8.4. 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.

8.5. 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.

8.6. 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.

8.7. 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.

 

 

9. Warranty

9.1.          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.

9.2. We warrant that;

9.2.1. we hold all consent, licences and authorisations necessary to perform the

Services;

9.2.2. the Services shall conform in all material respect to their description;

9.2.3. 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

9.2.4. the Services will comply with all applicable laws, standards and best industry

practices.

9.3. 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.

9.4. 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 time-frame.

9.5. 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.

 

 

10. Dispute Resolution

10.1. 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.

10.2. 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. 

10.3. 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.

 

 

11. General

11.1. Any Personal Information you supply to us when using the Services will be used by us only

in terms of our Privacy Policy https://www.machinepolishing.com/privacy-policy of the extent

necessary to implement the contract between you and us. 

11.2. 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

11.3. 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.

11.4. 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.

11.5. Our liability is excluded to the maximum extent permitted by law including any implied terms.

11.6. 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.

11.7. 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.

11.8. 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.

 

 

12. Finance

12.1. We do not directly provide finance, we recommend and have an agreement with the 

  provider (www.bumper.co.uk). We take no responsibility for and have no influence over the terms of your finance agreement. It is your responsibility to ensure that this method of paying for our services is right for you.

12.2. You are not charged a fee for using this service, however, the price for our services when being financed via Bumper will be charged at the full price quoted on the website and are not eligible for any promotion or discount which may or may not apply to other bookings

at the time.

12.3. All of our fixed price services are eligible to be financed via bumper, but once the 

agreement has been signed and completed, any additional services you wish to add to your booking cannot be added to the finance agreement at a later date and must be paid for by credit/debit card when collecting your vehicle.

12.4 Cancellations or alterations are not permitted at any stage after the finance agreement 

has been settled .All cancellation terms in section 7 apply to bookings made and paid directly to Machine Polishing. All bookings utilising finance from ‘Bumper’ cannot be 

changed, cancelled nor will any element of the services be refunded. 

12.5  We take no responsibility for any no shows/cancellations for bookings made via bumper. If you take out finance for our services and cannot attend or don’t turn up for the

appointment agreed, we are not obliged to carry out the services and you will still be

liable for the finance agreement made between you and bumper.

12.6 We may at any point re-arrange your booking. We endeavour to give as much notice as

possible, but may cancel at any time and cannot be held liable for any financial loss as a result of this.

However, we will re-arrange your appointment should it be cancelled by ourselves.

12.7 Aside from the variations in cancellation/alteration terms aforementioned in section 12,

all other terms in this agreement apply to your booking whether paid in instalments via bumper or direct to us.