1. INTRODUCTION

These are the Mekaniks Terms & conditions, these will explain to you; the rules for using our service, what you should expect from Mekaniks and Your rights and responsibilities.

2. WHEN THESE TERMS APPLY?

These terms and condition should be read before using our services. By using our services you are agreeing to Mekanik’s terms, our Terms of Use and privacy policy. We sometimes update these terms due to the fact that we are always increasing our services or have to comply with new legal regulations. Therefore our newest up-to-date terms and conditions will always apply.

3. WHAT IS MEANT BY “SERVICES”

Any of the services offered by Mekaniks (Servicing, Inspections, Diagnostic, Mechanical repairs, Electrics, Recovery, Bodywork, Accident management, Fleet maintenance Air conditioning, MOT and Pre purchase inspections) Enquiries, estimates, repairs, emergencies, guarantees.

4. TERMINOLGY

For the purpose of these terms and conditions the following words have the following meanings:

• “Us/we/our” refers to MEKANIKS
• “You” refers to you; i.e. the customer (the organisation or person for who we agree to carry out the works and supply parts and material to)
• “Mechanics/engineer/tradesperson” refers to the representative(s) appointed by Mekaniks to carry out the works.

We reserve the right to refuse or decline to undertake any work to our absolute discretion, to designate the Mechanics/engineer/tradesperson who will represent us.

5. HOURLY RATE WORK

The total charge to you will include the cost of:

• Labour (the amount of time spent by the Mechanics/engineer/tradesperson performing the works, which includes reasonable time spent acquiring parts and materials which are non stocked item and specialist parts/ approved used parts, charged accordingly to our current labour hourly rates.
• Materials and parts supplied by us (not exceeding the trade purchase price of materials + 25% mark-up)

You will only be charged for the time spent relating to your work. For example, no lunch breaks or other times are non chargeable. VAT will be charged when applicable at the prevailing rate, except when the work carried out is zero rated.

6. FIXED PRICE WORK

The total cost that your are charged will be given a concrete cost (except manifest errors) inclusive of labour, parts and materials and will be within 10% over the equivalent hourly rate cost. All our pricing includes VAT when applicable.

After an estimate has been given to a customer, the total charge of stated estimate should not go beyond 20% the actual time taken. However this maybe revised in the following scenarios:

• If after the giving in of our estimate, you instruct us (either in writing or verbally) to do any extra works not quoted/referred to in the estimate.
• If after estimate there is an increase of needed parts or materials or increase of price to the parts needed.
• If after submission of the estimate it is discovered that further works needs to be carried out which were not anticipated or planned for during our estimating preparations
• If, following submission of the estimate, it is revealed to us that there was a noticeable miscalculation when the estimate was ready

Mekaniks will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you by an authorised representative. We will not be bound by any estimates given orally or in which noticeable miscalculations occurs.

7. OFFERS AND INCENTIVES

Every now and then at our own discretion we may promote a selection of offers and incentive. These should be clearly defined including any specific terms and conditions and may only be used in combination with each other at our discretion.

8. MATERIAL AND PARTS COLLECTION

Collection of parts and materials which are need for the jobs are none stocked items and acquired when needed. There is no charge for this unless the following occurs:

• The parts needed are specialist parts and need to be sourced in especially for your specific job requirements
• If the collection exceeds travel time of 60 minutes (time will be kept to a minimum and kept within reason and most parts and materials are already brought with our representatives to the job)

If any of the above is needed you will be informed before any collection or orders are made.

9. INVOICES AND PAYMENTS

Upon your agreement for us to carry out estimated or pre booked work, our representatives will either take a Pre authorised payment over the phone, or send you a request to pay an invoice via email, or a 50% deposit of the total immediately paid when the job is booked, or a chip and pin payment or finally a bank transfer. Mekaniks reserve the right to request a full payment before the work is carried out.

When the work is complete you will be invoiced and a payment is either captured or taken on receipt. We reserve the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 5% over the base rate until the payment is received in full.

You acknowledge and accept sole liability to make payment in full, unless you make known when originally instructing us, to carry out work and/or supply parts, materials or labour that you are acting on behalf of a third party, from whom which we will quire authorisation from at the tie of booking or estimating.

10. TIME KEEPING

Where the date and/or time for work to be carried out is agreed, we will use reasonable attempt to ensure that the mechanic attends in view of that booking. We acknowledge no liability in respect of the non-attendance or late-attendance on site of the mechanic, or for the late or non-delivery of materials. We will not be liable for any hold-up, or for the penalty of any delay, in performing any of our obligations if such delay is due to any cause further than our realistic control, and we will be permitted to a reasonable extension of the time for performing such commitments.

11. CANCELATION

If you may need to cancel (or reschedule) you’re booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking or before any specialist pre paid parts are bought or ordered on your behalf. When the cancellation is made further in advance, it should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.

If in a circumstance where you cancel your instructions more last minute before the work being carried out, or materials being supplied, you will be liable for the cost of any time and materials acquired/incurred by us, plus the revenue that would have been made by us, in agreement with the original instructions.

12. YOUR SATISFACTION

Mekaniks are dedicated to providing professional, top quality service to every customer!

If in a circumstance after we have completed the work, you are not completely satisfied with our service(s) you must provide us with written notice within 1 week. You must consent to give us the opportunity to both inspect and carry out corrective work where fitting. If you will be unsuccessful to notify us, then we will not be liable in respect of any fault in the work carried out.

13. GUARANTEE

In favour of the peace of mind of our customers, we provide a 12 month warranty labour carried out by a Mekaniks tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty.

The guarantee will become null & void if the work/part/materials completed/supplied by us is:

• Question to misuse or negligence.
• Repaired, modified or tampered with by anyone other than a Mekaniks mechanics. Mekaniks accept no liability for, or guarantee suitability; materials supplied by you & will accept no liability for any consequential damage or fault.

We will not warranty any work in respect of, any work undertaken on instruction from you and in opposition to the written or verbal advice of the mechanics or our other representative. Mekaniks work is only warranted in respect of work directly taken on by us and a full payment having been made. Any non-related defects arising from recommended work which has not been undertaken by us will not be covered under warranty.

Where we agree to carry out work on vehicles of lesser quality (or older cars of high mileage or over 10 years old) no warranty is given in respect of other components causing failure of new parts fitted/or labour performed. We accept no liability in respect of the effectiveness of such work or else.

14. LIABILTY

We will only be liable for put right our own definite warranted work, and will not be held responsible for any resulting damage or claims consequential from other work unobserved or afterwards asked for and not undertaken at the time.

We will not be held liable or responsible for any damage or defect resulting from work not fully warranted, or where recommended work has not been carried out. Work will not carry a warranty where you have been notified by the mechanic/tradesperson or our representatives either verbally or point towards in our reports or in our comments/recommendations.

We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.

We will be entitled to fully recover the costs or damages from any mechanics whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.

You will be solely liable for any hazardous situation in respect of the cars safety that our mechanics have made you aware of or that they are obvious. Our mechanics operate under their own individual health and safety, and therefore solely responsible for any work and subsequent liability for their works.

15. TITLE TO GOODS

Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to:

• Retake, sell or otherwise deal with or dispose of all or any part of these goods.
• Enter any premises, at any time and without notice, in which goods or any part thereof is fitted stored or kept, or is reasonably believed so to be.
• Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.

The risk in such goods will pass to you on delivery to you. You must insure them at replacement value.

16. GENERAL

These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.

These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.

Mekaniks Ltd is a company incorporated in England and Wales 10873649