These Terms & Conditions apply to servicing, diagnostic work, maintenance, repairs and the supply and fitting of parts carried out by Midland Service Garage ("MSG", "we", "us" or "the Company").
Nothing in these Terms & Conditions is intended to exclude or restrict any rights which a Consumer has under applicable law.
1. Definitions
1.1 Company means Midland Service Garage.
1.2 Customer means the person, company or organisation instructing the Company to provide Goods and/or Services.
1.3 Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.
1.4 Vehicle means any vehicle, trailer, machine or associated component entrusted to the Company.
1.5 Goods means any parts, components, accessories, fluids or other items supplied by the Company.
1.6 Services means any work undertaken by the Company, including servicing, inspection, diagnostics, testing, maintenance and repairs.
1.7 Estimate means an indication of the likely cost of work based upon the information reasonably available at the time and is not a fixed price unless expressly stated otherwise in writing.
2. Contract and Authority
2.1 These Terms & Conditions, together with the agreed job card, estimate, quotation, booking confirmation or other written authorisation, form the contract between the Company and the Customer.
2.2 By instructing the Company to commence work, the Customer confirms that they have authority to authorise work on the Vehicle.
2.3 Instructions and authorisation may be accepted verbally, in writing, by email, SMS, electronic messaging or other agreed electronic means.
2.4 The Company may keep reasonable records of authorisations given by the Customer.
3. Estimates and Quotations
3.1 Unless expressly described as a fixed quotation, prices provided before work begins are estimates only.
3.2 Estimates are based upon the information and condition of the Vehicle reasonably apparent at the time.
3.3 Dismantling, inspection or diagnostic work may reveal additional faults, damage or required work that could not reasonably have been identified beforehand.
3.4 Where additional work is identified which would materially increase the estimated cost, the Company will normally obtain the Customer's authorisation before carrying out that additional work.
3.5 If the Customer declines additional recommended work, the Company may record this on the invoice, job card or Vehicle record.
3.6 Unless expressly agreed in writing, any estimated completion date or time is an estimate only.
4. Diagnostic Work
4.1 Vehicle diagnosis is a technical process carried out using the symptoms presented, information supplied by the Customer, diagnostic equipment, inspections, measurements, testing and other evidence reasonably available at the time.
4.2 The Customer acknowledges that some faults may be intermittent, concealed, progressive or may have more than one underlying cause.
4.3 A diagnostic assessment represents the Company's reasonable professional assessment based upon the evidence available at the time. It does not constitute a guarantee that a Vehicle has no other fault or that a particular repair will necessarily reveal or remedy every separate or underlying defect.
4.4 Where the Company recommends a repair following diagnosis, that recommendation will be based upon the evidence reasonably available at that stage.
4.5 Following an authorised repair, further testing may reveal an additional or separate fault which could not reasonably have been identified before the initial fault was repaired.
4.6 Additional diagnosis or repair arising from a separate or subsequently identified fault may therefore be chargeable.
4.7 Nothing in this clause excludes or restricts the Company's obligation to exercise reasonable care and skill or any statutory rights available to a Consumer.
5. Diagnostic Charges
5.1 Diagnostic time is chargeable unless expressly agreed otherwise.
5.2 Diagnostic charges relate to the technician's time, equipment, testing and expertise involved in investigating the reported fault and are payable whether or not:
(a) the fault is ultimately repaired by the Company;
(b) the Customer chooses not to proceed with the recommended repair;
(c) further dismantling or testing is required; or
(d) the investigation identifies more than one possible or actual fault.
5.3 Where further diagnostic work beyond the initially authorised amount is required, the Company will seek further authorisation where reasonably practicable.
6. Additional Work
6.1 The Company will not knowingly undertake material additional work beyond the Customer's authorisation without obtaining further approval, except where reasonably necessary to prevent immediate damage, protect safety, or where otherwise agreed with the Customer.
6.2 Additional work authorised by telephone, email, SMS or other electronic means shall be treated as authorised work.
6.3 Where a Vehicle is dismantled for diagnosis and the Customer declines the recommended repair, reasonable labour charges may be made for diagnosis, dismantling and reassembly.
6.4 In some circumstances it may not be possible or advisable to return a Vehicle to its original assembled condition without replacement parts. The Customer will be informed where reasonably practicable.
7. Parts
7.1 The Company may supply genuine, original equipment, OEM-equivalent, aftermarket, remanufactured or reconditioned parts depending upon availability, suitability and what has been agreed with the Customer.
7.2 Where a particular brand or specification has specifically been agreed, the Company will use reasonable endeavours to supply that item or obtain the Customer's agreement to an alternative.
7.3 Special-order parts may be non-returnable where permitted by law and where this has been made clear to the Customer.
7.4 Exchange units may be subject to a surcharge until the old unit has been accepted by the relevant supplier or manufacturer.
8. Customer-Supplied Parts
8.1 The Company may, at its discretion, agree to fit parts supplied by the Customer.
8.2 Unless the Company expressly agrees otherwise, the Customer is responsible for ensuring that customer-supplied parts are correct, suitable, of satisfactory quality and compatible with the Vehicle.
8.3 The Company does not provide a warranty for the quality or durability of a part which it did not supply.
8.4 The Company remains responsible for carrying out any agreed fitting work with reasonable care and skill.
8.5 Additional labour caused by an incorrect, defective or incompatible customer-supplied part may be charged to the Customer.
8.6 If a customer-supplied part subsequently fails and further labour is required to remove, investigate or replace it, that labour may be chargeable unless the failure resulted from the Company's workmanship.
9. Used, Reconditioned and Remanufactured Parts
Where the Customer authorises the fitting of used, reconditioned or remanufactured components, the Customer acknowledges that such components may have different warranty conditions and expected service life from new components. Any applicable warranty will be explained or supplied where appropriate.
10. Servicing
10.1 A service is carried out according to the service level agreed with the Customer.
10.2 Unless specifically agreed, a service does not constitute a comprehensive inspection or guarantee that every component of the Vehicle is free from defect.
10.3 Items outside the agreed service schedule may require separate inspection, diagnosis or repair.
10.4 Where the Company identifies additional maintenance or safety-related work, it may advise the Customer accordingly.
11. MOT Testing
11.1 Where applicable, an MOT test represents the condition of the Vehicle against the statutory MOT testing requirements at the time of the test.
11.2 An MOT pass does not constitute a guarantee that the Vehicle will remain roadworthy for the duration of the MOT certificate.
11.3 Repairs required following an MOT failure will not be carried out without authorisation unless previously agreed.
12. Electric and Hybrid Vehicles
12.1 Electric and hybrid Vehicles may require additional safety procedures, isolation procedures, specialist equipment and diagnostic work.
12.2 The Customer authorises the Company to carry out such reasonable safety procedures as are necessary to inspect, diagnose or repair the Vehicle.
12.3 Additional labour required for high-voltage isolation, reinstatement, safety testing or manufacturer-required procedures may be chargeable.
12.4 The Customer should inform the Company of any known battery, charging, high-voltage or electrical faults when booking the Vehicle.
13. Software, Coding and Vehicle Data
13.1 Some repairs and diagnostic procedures may require access to electronic control units, software, security systems, manufacturer portals or third-party technical systems.
13.2 The Customer authorises the Company to access Vehicle systems and data to the extent reasonably necessary to carry out the authorised work.
13.3 Programming, coding, software updates or control-unit procedures may alter stored settings or adaptations.
13.4 The Company will exercise reasonable care when performing such procedures but cannot be responsible for pre-existing software defects, unsupported modifications or failures caused by third-party software or equipment, except where loss is caused by the Company's failure to exercise reasonable care and skill.
14. Modified Vehicles
14.1 The Customer should disclose any relevant modifications, remapping, non-standard components or previous alterations that may affect diagnosis or repair.
14.2 The Company shall not be responsible for faults arising from modifications or work performed by others unless the Company has itself failed to exercise reasonable care and skill.
15. Road Testing
15.1 The Customer authorises the Company, its employees and authorised agents to drive or operate the Vehicle where reasonably necessary for diagnosis, testing, repair, MOT testing, collection, delivery or verification of work.
15.2 Road tests may take place before, during or after repairs.
15.3 Reasonable mileage may therefore be added to the Vehicle.
15.4 The Company will take reasonable care of the Vehicle while it is in its custody or control.
16. Fuel and Battery Charge
The Customer should ensure that the Vehicle has sufficient fuel or electrical charge to enable reasonable diagnosis, testing and road testing.
Where the Company is required to purchase fuel or electricity specifically to enable authorised work or testing, the reasonable cost may be charged to the Customer.
17. Completion Times and Delays
17.1 Any completion date or time given by the Company is an estimate unless expressly agreed otherwise.
17.2 Completion may be affected by parts availability, additional faults, manufacturer technical information, third-party services or circumstances outside the Company's reasonable control.
17.3 The Company will use reasonable efforts to notify the Customer of material delays.
17.4 Nothing in this clause affects any statutory requirement to perform Services within a reasonable time where applicable.
18. Payment
18.1 Payment is due upon completion of the work and before the Vehicle is released unless the Company has agreed credit terms in advance.
18.2 The Company may require deposits or advance payment for special-order parts or substantial repairs.
18.3 The Customer remains responsible for payment for all authorised work.
18.4 Where a third party, warranty company, insurer or other organisation has agreed to contribute towards the cost, the Customer remains responsible for any amount not paid by that organisation unless otherwise agreed in writing.
18.5 The Company may retain possession of a Vehicle where sums properly due for work carried out on that Vehicle remain unpaid, to the extent permitted by law.
19. Collection and Storage
19.1 The Customer will be notified when the Vehicle is ready for collection.
19.2 Vehicles should be collected within a reasonable period following notification.
19.3 Where a Vehicle remains uncollected, the Company reserves the right to impose a reasonable storage charge provided the Customer has been informed of the charge or the basis upon which it will be calculated.
19.4 Where reasonably practicable, the Customer will be warned before storage charges begin.
20. Uncollected Vehicles and Goods
20.1 If a Vehicle or other Goods remain uncollected, the Company may exercise any rights available to it under applicable law concerning uncollected goods.
20.2 Before selling or otherwise disposing of an uncollected Vehicle or Goods, the Company will follow the applicable statutory notice and procedural requirements.
20.3 Where a lawful sale takes place, the Company may deduct amounts properly due, together with permitted storage and reasonable sale costs, from the proceeds and will account for any remaining balance as required by law.
21. Warranty on Company's Work
21.1 Unless a different warranty is stated on the invoice or provided with a particular component, the Company warrants its workmanship for 12 months or 15,000 miles from completion, whichever occurs first.
21.2 Parts supplied by the Company may additionally carry a manufacturer's or supplier's warranty, subject to that warranty's conditions.
21.3 The Company's commercial warranty is additional to and does not replace a Consumer's statutory rights.
21.4 Warranty claims must be reported to the Company as soon as reasonably practicable after the Customer becomes aware of the alleged defect.
21.5 The Customer should give the Company a reasonable opportunity to inspect and, where appropriate, rectify work alleged to be defective.
21.6 Warranty coverage may not apply where a fault is caused or materially contributed to by:
(a) accident or external damage;
(b) misuse, abuse or neglect;
(c) racing, competition or inappropriate use;
(d) failure to maintain the Vehicle appropriately;
(e) subsequent repair, modification or interference by another person;
(f) failure of a separate component;
(g) a customer-supplied defective part; or
(h) normal wear and tear.
21.7 Nothing in this clause restricts rights or remedies that cannot lawfully be excluded.
22. Subsequent or Separate Faults
22.1 Vehicles are complex mechanical and electronic systems and more than one defect may exist at the same time.
22.2 The appearance of the same or similar symptom after a repair does not by itself establish that the original diagnosis or repair was incorrect.
22.3 Where a Vehicle returns with the same or similar symptom, the Company will assess whether the issue relates to:
(a) the work previously carried out;
(b) a failure of a part supplied or fitted by the Company;
(c) a separate or subsequent defect; or
(d) another cause.
22.4 Where the problem results from defective workmanship for which the Company is responsible, the Company will comply with its legal obligations and any applicable warranty.
22.5 Where investigation establishes a separate fault unrelated to the previous repair, further diagnosis and repair may be chargeable.
23. Removed Parts
23.1 Unless otherwise agreed before work begins, parts removed from the Vehicle may be disposed of by the Company.
23.2 Parts subject to exchange, warranty or manufacturer return requirements may have to be returned to the supplier and therefore may not be available to the Customer.
23.3 Customers wishing to retain removed parts should request this before the repair is carried out.
24. Vehicle Contents
24.1 Customers should remove money, valuables and unnecessary personal belongings from the Vehicle before leaving it with the Company.
24.2 The Company will take reasonable care while the Vehicle is in its possession.
24.3 The Company will not be responsible for loss or damage that was not caused by its negligence, breach of contract or other legal responsibility.
25. Pre-existing Damage
The Company may record existing Vehicle damage or condition when a Vehicle is received. Photographs, video or written records may be taken for workshop, diagnostic, evidential or quality-control purposes.
26. Roadworthiness and Unsafe Vehicles
26.1 If the Company considers a Vehicle potentially unsafe or unroadworthy, it will inform the Customer where reasonably practicable.
26.2 If the Customer declines recommended safety work, this may be recorded on the invoice or job card.
26.3 Nothing in these Terms requires the Company to carry out work which it reasonably believes would be unsafe or unlawful.
27. Liability
27.1 The Company will perform Services with the level of reasonable care and skill required by law.
27.2 Nothing in these Terms excludes or restricts liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or a Consumer's statutory rights.
27.3 The Company shall not be responsible for defects, losses or damage caused by circumstances for which it is not legally responsible, including pre-existing defects or the acts of third parties.
27.4 For Customers acting in the course of business, additional limitations of liability may be agreed separately in writing where lawful.
28. Cancellation – Distance and Off-Premises Contracts
28.1 Where a Consumer enters into a qualifying distance or off-premises contract, statutory cancellation rights may apply.
28.2 Where applicable, the normal cancellation period for a service contract is 14 days after the contract is entered into.
28.3 A Consumer may expressly request that the Company begins providing Services during the cancellation period.
28.4 If the Consumer requests that work begins during the cancellation period and subsequently exercises a valid right to cancel before the Service has been fully
performed, the Consumer may be required to pay an amount proportionate to the Services supplied up to cancellation, where permitted by law.
28.5 Where the Service has been fully performed during the cancellation period following the Consumer's express request and acknowledgement that the cancellation right will be lost once the Service is fully performed, the statutory right to cancel may cease.
28.6 Different rules may apply where the Consumer specifically requests an urgent visit for repairs or maintenance.
28.7 Where cancellation rights apply, the Company will provide the information required by law.
29. Data Protection
29.1 The Company will process personal information in accordance with applicable UK data-protection legislation and its Privacy Notice.
29.2 Personal information may be processed where reasonably necessary for matters including:
(a) bookings;
(b) providing Services;
(c) invoicing and payment;
(d) warranty administration;
(e) maintaining service and repair records;
(f) legal and regulatory obligations;
(g) fraud prevention;
(h) legitimate business administration; and
(i) customer communications.
29.3 Information may be provided to relevant third parties where reasonably necessary, including parts suppliers, manufacturers, warranty providers, diagnostic or technical-service providers and professional advisers, subject to applicable data-protection requirements.
29.4 Marketing communications will only be sent where permitted by applicable law. Customers will be given appropriate methods to opt out of marketing communications.
30. Complaints
30.1 If the Customer is dissatisfied with any work or service provided by the Company, they should contact Midland Service Garage as soon as reasonably practicable.
30.2 The Company will investigate complaints fairly and will seek to resolve them within a reasonable period.
30.3 The Customer should, where reasonably possible, allow the Company an opportunity to inspect the Vehicle and investigate the complaint before commissioning another repairer to alter the work complained of.
30.4 This requirement does not affect any statutory rights or remedies available to a Consumer.
31. Alternative Dispute Resolution
31.1 Where the Company is subscribed or accredited to an Alternative Dispute Resolution provider or industry Code of Practice, eligible unresolved Consumer disputes may be referred to that provider in accordance with its applicable rules.
31.2 Details of any ADR provider to which the Company is currently committed will be made available through the Company's complaints procedure or upon request.
32. Business Customers
32.1 Where the Customer is acting wholly or mainly for purposes relating to their trade, business, craft or profession, they are a Business Customer rather than a Consumer.
32.2 Statutory provisions applying specifically to Consumers may therefore not apply to a Business Customer.
32.3 Nothing in these Terms excludes rights or liabilities which cannot lawfully be excluded.
33. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be treated as modified or removed to the minimum extent necessary and the remaining provisions shall continue in force.
34. Variation
Any material variation to the agreed Services or these Terms must be agreed between the Customer and the Company.
35. Third-Party Rights
Unless expressly stated otherwise, a person who is not a party to the contract shall not have the right to enforce its terms.
36. Governing Law
These Terms and any contract between the Company and the Customer shall be governed by the applicable laws of England and Wales.
Nothing in this clause removes any jurisdictional rights which a Consumer is entitled to exercise under applicable law.
37. Statutory Rights
Where the Customer is acting as a Consumer, nothing in these Terms & Conditions is intended to exclude, restrict or adversely affect the Customer's statutory rights.