TERMS AND CONDITIONS OF BUSINESS
1. Definitions
1.1 “The Company” refers to Mobile Medic Services Ltd
1.2 “The Customer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company.
1.3 “The Conditions” refers to the terms and conditions of the Company’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other members of this company’s management team, acting for and on behalf of the Company.
2. Conditions
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Customer, to the exclusion of all other terms and conditions, including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed between the Company and the Customer, at the time the Customer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company. The price of the work carried out is exclusive of VAT. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn.
3.2 Payment of the price and VAT shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 14 days from the date of invoice.
3.3 The Company will be entitled to, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied or expenses incurred for The Customer, subject to a maximum mark-up of 65% of the actual cost paid. The mark-up will reflect, at The Company's sole discretion, the level of trade or other discount that The Company was able to obtain from the relevant supplier.
4. Estimates / Deposits
4.1 All estimates by the Company are subject to change caused by variations to the Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.
4.2 If no estimate is provided and/or if only part of the work covered by the estimate is carried out, the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
4.4 The company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.
4.5 The Company may demand a deposit before commencing any work.
5. Completion of work
Every effort will be made to provide the work by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection. The Company will not be held liable for any delay caused by outside influences.
6. Payment
6.1 Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services.
6.2 The Company shall have a general lien on all of the Customer’s vehicles and all of their contents for all monies owing to the Company by the Customer on any account whatsoever.
6.3 If the Customer does not accept that an invoiced fee is fair and reasonable, they must notify the Company within 5 days of receipt, failing which the Customer will be deemed to have accepted that payment is due. Please note accepting electronic invoices are part of our terms (We operate an electronic invoicing system in accordance with VAT Notice 700/63.). Paper invoices can be requested for a fee of £5.00+VAT for each occasion.
6.4 Fees for regular PMI (Preventative Maintenance Inspections) will need be paid via Gocardless/Direct Debit unless agreed otherwise.
7. Late Payment
7.1 Interest on commercial debt shall accrue from the date of the invoice unless a written agreement is in place between the Company and Customer giving an agreed payment period of maximum 30 days. The Company reserves the right, at its discretion to charge interest and will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, depending upon the interest figures in force by the Bank of England at the time payment of the invoice is due. Interest will accrue until settlement is reached or until any Court Judgement is made.
7.2 Unless agreed otherwise, any outstanding balance which is more than 3 months old will be referred to our external debt collection and credit management agency.
7.3 The Company shall be entitled to recover from the Customer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under.
7.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Customer. Any parts, or equipment, provided to the Customer by the Company remain the property of the Company until all amounts owed are paid.
8. Title and Risk
Any work carried out by the Company at the Customer's request will be at the Customer’s risk from the point of completion, to the Customer’s satisfaction despite delivery. Title of any parts fitted shall not pass from the Company to Customer until all relevant and outstanding invoices and VAT have been paid in full. **For PMI and brake test-related services, the Company reserves the right to withhold the PMI record and test certificate until all fees are fully paid.**
9. Disputes procedure and Jurisdiction
Any and all contracts entered into between the Company and the Customer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Customer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Customer is dissatisfied with any repair or service carried out by the Company, the Customer should first make contact with the Company in order to try and resolve the matter.
10. Limited Liability
The extent of the Company’s liability to the Customer for any work in respect of the services carried and the Company’s aggregate liability to the Customer or any other third parties, in relation to the Customer of whatever nature, whether in contract, tort or otherwise, for any losses whatsoever and howsoever caused arising from or in any way connected with any engagement, including interest shall not exceed the fee for the same work that is charged by the Company.
*The Company reserves the right, at its discretion, to change, modify, add, or remove parts of these Terms at any time without prior notice.