TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions apply to all servicing, repair, diagnostic, inspection and related automotive services provided by Dynamic Motorworks Ltd.

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Version: 1.1

For the purposes of these Terms and Conditions:

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"Company" means Dynamic Motorworks Ltd.

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"Customer" means the person, firm or company requesting services from the Company.

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"Vehicle" means any vehicle, trailer, component or associated equipment delivered to or made available to the Company for inspection, servicing, diagnostics, repair or other automotive work.

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"Work" means all servicing, repairs, diagnostics, inspections, testing, parts supply, labour and any other services provided by the Company.

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"Quotation" means a written estimate provided by the Company based on information available at the time of assessment.

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"Manufacturer" means the original manufacturer, supplier or distributor of any third-party component or part supplied or fitted during the Work.

By instructing the Company to carry out any Work, the Customer agrees to be bound by these Terms and Conditions.

These Terms and Conditions apply whether instructions are provided verbally, electronically, in writing or through acceptance of a quotation, estimate, invoice, job card, booking confirmation or any other form of authorisation.

The Customer acknowledges that these Terms and Conditions form the basis of the agreement between the Customer and the Company in relation to any Work undertaken.

The Customer's engagement with the Company, including requesting a quotation, providing Vehicle details, booking an appointment, delivering the Vehicle, requesting inspection, diagnosis or repair, or otherwise instructing the Company to proceed, shall constitute acceptance that these Terms and Conditions govern any Work subsequently carried out.

Where the Customer makes an enquiry or requests a quotation, the Company may collect and process Customer and Vehicle information for the purposes of assessing the requested Work, preparing estimates, communicating with the Customer and maintaining appropriate business records. Such processing shall be carried out in accordance with the Company's Privacy Policy and applicable UK data protection legislation.

A request for a quotation or estimate does not create an obligation on the Company to undertake the Work, nor does it guarantee that the Company will accept the Vehicle or proceed with any repair.
The Customer confirms that they have authority to instruct the Company to carry out the Work and that they are the legal owner of the Vehicle or have obtained permission from the legal owner to do so.

The Company reserves the right to amend these Terms and Conditions from time to time. The applicable Terms and Conditions shall be those in force at the time the Work is authorised.

Any estimate or quotation provided by the Company is based on the information available at the time and is valid for 14 days from the date of issue unless otherwise stated.

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Estimates and quotations are provided in good faith but are not guarantees of the final cost where further faults, defects, damage or additional requirements are discovered during the course of the Work.

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The Company shall use reasonable endeavours to complete the Work in accordance with any estimate or quotation provided.

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The Customer acknowledges that diagnostic and repair work may reveal hidden faults, additional defects or consequential damage which could not reasonably have been identified during the initial assessment.

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Where additional faults, defects or requirements are identified during the course of the Work, the Company reserves the right to revise the estimated cost accordingly.

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Where the total cost of the Work is expected to exceed the original estimate or quotation by more than 15%, the Company shall make reasonable efforts to contact the Customer and obtain authorisation before carrying out additional chargeable Work unless prior approval to exceed such amount has been given by the Customer, whether verbally or in writing. 

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Where the Company is unable to contact the Customer, the Company may suspend further Work until authorisation is received.

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The Company may, where reasonably necessary, continue with limited Work required to protect the Vehicle, prevent further damage or complete essential diagnostic procedures.

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The Company shall not be liable for delays to completion resulting from an inability to obtain the Customer's instructions or authorisation.

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Parts prices, supplier charges and labour costs may vary after a quotation has been issued. The Company reserves the right to revise any quotation where supplier costs have materially increased, parts become unavailable or where the quotation period has expired.

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The Customer acknowledges that the final invoice may differ from the original estimate where additional authorised Work has been completed.

The Company may fit new, refurbished, reconditioned, aftermarket or original equipment manufacturer (OEM) parts as agreed with the Customer.

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The Company does not manufacture any parts supplied and makes no warranty, representation or guarantee regarding the design, manufacture, performance or durability of any third-party component beyond any warranty provided by the relevant Manufacturer or supplier.

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Any warranty applicable to parts supplied by the Company shall be limited strictly to the warranty offered by the Manufacturer or supplier of the relevant part.

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In the event that a supplied part is alleged to be faulty, defective or has failed, the Company reserves the right to require inspection, testing and validation by the Manufacturer or supplier before any warranty claim is accepted.

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The Customer acknowledges that any decision relating to whether a component is defective, whether a warranty claim is accepted, and whether replacement or reimbursement is provided remains solely the responsibility of the Manufacturer or supplier.

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Where a Manufacturer or supplier requires the Customer to engage directly with them in relation to a warranty claim, product recall or product defect investigation, the Customer shall cooperate fully with that process.

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Where the Customer fails to reasonably cooperate with the Manufacturer or supplier warranty process, or where the Manufacturer or supplier requires direct communication with the Customer, the Company may require the Customer to deal directly with the relevant Manufacturer or supplier.

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The Company's involvement in any warranty claim shall be limited to such reasonable assistance as it chooses to provide and shall not extend to accepting liability for manufacturing defects.

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The Company shall not be responsible for defects, failures or faults arising from manufacturing defects in parts supplied by third-party manufacturers.

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The Company shall not be liable for any loss, damage, inconvenience, vehicle downtime, loss of earnings, recovery costs, hire vehicle costs or any other consequential losses arising from the failure of a third-party manufactured component.

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Unless expressly covered by the Manufacturer or supplier, labour, diagnostic time, recovery charges, transport costs and any associated expenses relating to the replacement of a defective component shall remain the responsibility of the Customer.

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Parts specially ordered for the Customer may be non-returnable and non-refundable.

The Company reserves the right to retain any replaced components unless the Customer specifically requests their return before Work commences.

The Company warrants that Work carried out will be performed with reasonable care and skill.

Unless otherwise stated in writing, the Company's workmanship warranty applies only to labour directly carried out by the Company and is limited to a period of 3 months or 3,000 miles, whichever occurs first, from the date of completion of the Work.

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The Customer must notify the Company as soon as reasonably practicable after becoming aware of any suspected issue relating to the Work.

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Failure to notify the Company promptly may affect the Company's ability to inspect, diagnose and rectify any alleged fault.

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The Company reserves the right to inspect the Vehicle and investigate any alleged fault before accepting responsibility or authorising remedial work.

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The Company will not be responsible for faults, failures or issues arising from:

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• Normal wear and tear;

• Age, mileage or condition of the Vehicle;

• Misuse, neglect, accident damage or modification;

• Pre-existing faults or conditions;

• Failure of components not supplied or fitted by the Company;

• Customer-supplied parts;

• Manufacturer defects covered by a separate Manufacturer warranty;

• Further faults developing due to the age, condition or mileage of the Vehicle.

 

The Customer acknowledges that repairs carried out on older or high-mileage vehicles may uncover or contribute to the discovery of additional faults due to existing wear, deterioration or component condition.

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Such faults shall not be considered a failure of workmanship unless directly caused by the Company's Work.

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The Company shall not be responsible for consequential losses including loss of earnings, loss of vehicle use, vehicle hire costs, recovery costs or any other expenses arising from a suspected workmanship issue.

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Any remedial work required under this workmanship warranty must be authorised and carried out by the Company.

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The warranty may be invalidated where another party has inspected, modified, repaired or attempted to repair the relevant Work without prior written agreement from the Company.

The Company reserves the right to refuse installation of customer-supplied parts.

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Where customer-supplied parts are fitted, no warranty is provided by the Company in relation to those parts or any consequential issues arising from their use.

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The Company accepts no liability for delays, failures, damage or defects caused by customer-supplied components.

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The Customer acknowledges that fitting customer-supplied parts may affect the Company's ability to guarantee the quality, compatibility or reliability of the completed Work.

The Customer must disclose any known faults, modifications, warning lights, previous repairs, accident damage, security devices or issues relevant to the requested Work.

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The Customer acknowledges that Vehicles may contain existing defects, deterioration, corrosion, previous repairs, modifications or age-related issues which may affect the Work.

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The Company shall not be responsible for pre-existing faults or conditions that become apparent during or following the Work unless directly caused by the Company's negligence or failure to perform the Work with reasonable care and skill.

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The Customer is responsible for removing all valuables and personal belongings from the Vehicle before delivery.

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The Company accepts no responsibility for loss of or damage to personal property left within the Vehicle.

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The Customer must provide all necessary keys, locking wheel nut adapters, security codes, immobiliser information and access devices required to carry out the Work.

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The Company shall not be liable for delays, additional costs or inability to complete the Work arising from missing, damaged or unavailable security items or access devices.

Diagnostic procedures identify faults based on the condition of the Vehicle at the time of inspection.

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The Company cannot guarantee that diagnostics will identify every fault present within a Vehicle.

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The Customer acknowledges that diagnostics are an investigative process and that some faults, particularly intermittent faults, may require additional time, testing or further investigation.

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Additional faults may become apparent following diagnostic procedures, testing, dismantling, replacement of defective components or returning the Vehicle to normal operating conditions.

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Diagnostic charges remain payable regardless of whether subsequent repair work is authorised or whether the Customer decides not to proceed with any recommended repairs.

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The Company shall not be responsible for faults which cannot reasonably be replicated, identified or confirmed during the diagnostic process.

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Where further investigation, dismantling or testing is required, the Company reserves the right to charge additional labour and diagnostic time where authorised.

Any completion date, collection date or estimated timescale provided by the Company is an estimate only and shall not form part of any contract between the Company and the Customer.

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The Company shall use reasonable endeavours to complete the Work within any estimated timeframe but does not guarantee completion by any specific date or time.

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The Customer acknowledges that repair, servicing and diagnostic work can be unpredictable and that additional time may be required due to circumstances discovered during the course of the Work.

The Company shall not be liable for delays caused by:

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• Additional faults being discovered during the Work;

• Delays in obtaining parts or components;

• Supplier or Manufacturer delays;

• Warranty claim investigations or approvals;

• Specialist subcontractor availability;

• Customer delays in providing instructions or authorisation;

• Adverse weather conditions;

• Staff illness or absence;

• Equipment failure;

• Unforeseen technical difficulties; or

• Any circumstance beyond the Company's reasonable control.

 

The Customer acknowledges that delays may occur where repairs involve complex diagnosis, specialist investigation, unavailable components, Manufacturer warranty processes or additional Work outside the original quotation.

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The Company shall not be liable for any loss, damage, inconvenience, vehicle downtime, loss of earnings, loss of profit, loss of business opportunity, recovery costs, transport costs, hire vehicle costs or any other direct, indirect or consequential losses arising from any delay in commencing, carrying out or completing the Work.

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This includes delays caused by:

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(a) additional faults identified during repairs;

(b) delays in obtaining parts or components;

(c) supplier or Manufacturer delays;

(d) Manufacturer warranty investigations;

(e) specialist subcontractor availability;

(f) Customer approval delays; or

(g) circumstances outside the Company's reasonable control.

 

The Customer acknowledges that repair and diagnostic work may uncover additional faults or circumstances that affect the estimated completion date.

Where delays occur, the Company shall endeavour to keep the Customer informed where reasonably possible.

The Customer is responsible for providing accurate and up-to-date contact details, including a valid telephone number and email address where available.

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The Company shall be entitled to rely on the contact details provided by the Customer for the purpose of:

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Obtaining authorisation for additional Work;

Providing updates regarding the Vehicle;

Advising when Work has been completed;

Communicating payment requirements; and

Communicating any matters relating to the Vehicle.

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Where the Customer fails to respond to communications within a reasonable period, the Company shall not be liable for any resulting delays, storage charges or additional costs incurred.

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The Customer agrees that communication via telephone, email, text message or other electronic methods may be used by the Company for business purposes.

Payment in full is due immediately upon completion of the Work and prior to collection or release of the Vehicle.

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The Vehicle will not be released until cleared funds have been received by the Company.

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The Company shall retain possession of the Vehicle and may exercise a lien over the Vehicle until all outstanding invoices, storage charges and any other sums due have been paid in full.

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Payment may be made by methods accepted by the Company at the time of settlement.

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The Company reserves the right to charge interest on overdue accounts at a rate of 10% per annum above the Bank of England base rate together with any reasonable debt recovery costs incurred.

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Where payment remains outstanding, the Customer shall remain responsible for all additional charges incurred, including storage fees and recovery costs.

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The Customer acknowledges that ownership of any parts supplied by the Company shall not pass until payment has been received in full.

The Customer must collect the Vehicle within 24 hours of being notified that the Work has been completed and that the Vehicle is available for collection.

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Vehicles remaining on the Company's premises beyond this period will incur storage charges at the rate of:

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£30.00 per day - minimum charge of one day

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Storage charges shall continue to accrue until the Vehicle is collected or otherwise dealt with in accordance with these Terms and Conditions.

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Storage charges may only be waived where prior approval has been granted by an authorised representative of the Company.

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The Company shall not be responsible for any loss, inconvenience, transport costs, vehicle hire costs or other expenses arising from delays in collection by the Customer.

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The Customer acknowledges that the Company's premises are primarily intended for active repair operations and are not a long-term vehicle storage facility.

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Where a Vehicle remains on the Company's premises beyond the agreed collection period, the Company reserves the right to recover all reasonable costs associated with storing, securing and managing the Vehicle.

Where a Vehicle remains uncollected for an unreasonable period, the Company reserves all rights available under applicable law to recover outstanding charges, storage fees, administrative costs and any other sums due in connection with the Vehicle.

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The Company shall retain possession of the Vehicle and may exercise a lien over the Vehicle until all outstanding invoices, storage charges and any other sums due to the Company have been paid in full.

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The Customer acknowledges that storage charges will continue to accrue where a Vehicle remains on the Company's premises beyond the collection period.

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Where a Vehicle remains uncollected and/or unpaid for a prolonged period, the Company may issue written notice requiring the Customer to collect the Vehicle and settle all outstanding amounts within a specified period.

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For the purposes of this clause, a Vehicle remaining uncollected for more than 90 days after the Customer has been notified that the Work has been completed may be treated as remaining for a prolonged period.

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If the Vehicle remains uncollected or outstanding sums remain unpaid following such notice, the Company reserves the right to take any action available to it under applicable law to recover the amounts owed.

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Such action may include, but is not limited to:

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Commencing legal proceedings;

Instructing debt recovery agents;

Applying additional storage and administration charges;

Recovering costs associated with retaining and managing the Vehicle; and

Where legally permitted, arranging the lawful sale, disposal or other treatment of the Vehicle.

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Any sale or disposal of the Vehicle shall only be undertaken where permitted by applicable law and after the Company has taken reasonable steps to notify the Customer and provide an opportunity to settle outstanding sums.

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Where the Vehicle is lawfully sold or otherwise disposed of, any proceeds recovered may be applied towards:

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Outstanding repair invoices;

Storage charges;

Recovery costs;

Administration costs;

Legal fees; and

Any other sums properly owed to the Company.

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Any remaining balance after deduction of the above amounts shall remain payable by the Customer.

The Customer remains responsible for all charges incurred until the Vehicle has been collected or otherwise dealt with in accordance with applicable law.

The Company may take photographs, videos, diagnostic reports, scan records and other evidence relating to:

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The condition of the Vehicle;

Existing damage or defects;

Components removed or replaced;

The progress of Work;

Diagnostic findings; and

Completed repairs.

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Such records may be retained and relied upon by the Company for:

Quality control;

Training purposes;

Warranty administration;

Customer communications;

Dispute resolution;

Debt recovery;

Insurance purposes; and

Legal proceedings.

 

The Customer consents to the creation and retention of such records for legitimate business purposes.

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The Company may use such evidence to demonstrate the condition of the Vehicle before, during and after the Work.

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The Customer acknowledges that such records may be used as evidence in relation to disputes, warranty claims or disagreements regarding the condition of the Vehicle or Work carried out.

The Customer authorises the Company, its employees, agents and authorised subcontractors to operate, move, test and road test the Vehicle where reasonably necessary for:

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Diagnosis;

Inspection;

Repair;

Servicing;

Calibration;

Quality control;

Verification of faults;

Verification of completed repairs; or

Any other purpose connected with the Work.

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The Customer acknowledges that multiple road tests may be required before, during and after the Work has been completed.

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The Customer warrants that the Vehicle is insured, taxed (where applicable) and legally permitted to be driven on the public highway unless otherwise disclosed to the Company in writing before commencement of the Work.

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The Company shall not be liable for the discovery of pre-existing faults, defects, warning lights, component failures or mechanical issues that become apparent during or following reasonable testing, diagnosis or operation of the Vehicle.

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The Customer acknowledges that some faults may only be identified or verified through real-world driving conditions and that the Company may need to operate the Vehicle under normal driving conditions to replicate, diagnose, verify or rectify reported faults.

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The Customer acknowledges that road testing and diagnostic procedures may result in reasonable increases in mileage and fuel consumption and authorises the Company to use such fuel as may reasonably be necessary for the performance of the Work.

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Where reasonably necessary for completion of the Work, specialist testing, subcontracted services, inspections, MOT testing, calibration procedures or other legitimate business purposes, the Customer authorises the Company to transport, deliver or permit the Vehicle to be driven to and from third-party premises.

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The Company shall take reasonable care whilst operating the Vehicle but shall not be liable for delays, inconvenience or losses arising from necessary testing procedures carried out in connection with the Work.

Nothing in these Terms and Conditions shall exclude or restrict the Company's liability for:

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Death or personal injury caused by the Company's negligence;

Fraud or fraudulent misrepresentation; or

Any liability which cannot legally be excluded or limited under applicable law.

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Subject to the above, the Company's total liability arising from any claim relating to the Work shall be limited to the amount paid by the Customer for the specific Work giving rise to the claim.

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The Company shall not be liable for:

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Indirect losses;

Consequential losses;

Loss of earnings;

Loss of profit;

Loss of business opportunity;

Loss of use of the Vehicle;

Vehicle downtime;

Recovery costs;

Vehicle hire costs;

Transport costs;

Accommodation costs; or

Any other financial losses arising from the Work.

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The Company shall not be liable for damage, failure or loss arising from:

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Pre-existing faults;

Wear and tear;

Age-related deterioration;

High mileage;

Previous repairs or modifications;

Hidden defects;

Component failures outside the scope of the authorised Work;

Manufacturer or supplier defects; or

Circumstances outside the Company's reasonable control.

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The Customer acknowledges that vehicles, particularly older or high-mileage vehicles, may contain existing defects or components approaching the end of their serviceable life.

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The Company shall not be responsible for subsequent failures unless directly caused by the Company's negligence or failure to carry out the Work with reasonable care and skill.

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For the avoidance of doubt, the Company shall not be liable for any loss, damage, inconvenience, vehicle downtime, loss of earnings, loss of profit, loss of business opportunity, recovery costs, transport costs, hire vehicle costs, accommodation costs or any other consequential or indirect losses arising from:

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(a) delays in carrying out the Work;

(b) delays in obtaining parts or components;

(c) Manufacturer or supplier defects;

(d) warranty claim investigations;

(e) vehicle breakdowns unrelated to the Company's Work;

(f) additional faults discovered during inspection, diagnosis or repair; or

(g) circumstances outside the Company's reasonable control.

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The Company shall not be liable for delays caused by the investigation, approval or processing of any Manufacturer or supplier warranty claim.

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The Customer acknowledges that the Company is a vehicle repair and servicing business and does not accept responsibility for losses arising from the Customer's reliance on the Vehicle for business, employment, personal transport or any other purpose.

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Limitation of Liability: 

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Nothing in these Terms and Conditions shall exclude or limit the Company's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

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Subject to the above, and to the fullest extent permitted by law, the Company's total liability arising out of or in connection with any Work, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of (a) the amount paid by the Customer for the relevant Work giving rise to the claim, or (b) £2,000.

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The Company shall not be liable for any indirect, consequential, special, or economic loss, including but not limited to loss of profit, loss of business, loss of use, loss of opportunity, or loss of goodwill, except where such liability cannot be excluded by law.

The Company may collect, store and process Customer information and Vehicle information for legitimate business purposes.

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This may include:

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Customer name and contact details;

Vehicle registration and identification details;

Service history;

Diagnostic records;

Estimates and invoices;

Photographs and videos;

Communications;

Warranty information; and

Other records relating to the Work.

Information may be collected through:

Telephone calls;

Emails;

Online enquiries;

Booking systems;

Workshop visits;

Job cards;

Invoices; and

Other communications with the Company.

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Information may be stored within the Company's workshop management systems, accounting software and other business systems.

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Such information may be used for:

Record keeping;

Preparing quotations and estimates;

Providing servicing, repair and diagnostic services;

Invoicing;

Warranty administration;

Customer service;

Quality control;

Dispute resolution;

Debt recovery;

Legal compliance; and

Protection of the Company's legitimate business interests.

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The Company will process personal information in accordance with applicable UK data protection legislation.

The Company's premises are monitored by CCTV systems which may record video and audio.

Appropriate signage is displayed at the Company's premises informing customers, visitors and other individuals that CCTV and audio recording are in operation.

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CCTV recordings may be used for:

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Security and protection of the Company's premises;

Prevention and investigation of theft, damage or criminal activity;

The safety of customers, employees and visitors;

Investigation of complaints or disputes;

Quality control purposes;

Protection of the Company's legitimate business interests; and

Legal or insurance purposes.

Access to CCTV recordings shall be restricted to authorised persons only.

CCTV recordings may be disclosed where reasonably necessary for:

Insurance claims;

Legal proceedings;

Law enforcement requests;

Regulatory requirements; or

Protection of the Company's rights and property.

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The Company shall not retain CCTV recordings for longer than reasonably necessary unless there is a legitimate reason or legal obligation requiring further retention.

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By entering the Company's premises, customers and visitors acknowledge that they may be recorded by CCTV systems.

The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

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Such circumstances may include, but are not limited to:

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Supplier delays;

Parts shortages;

Industrial disputes;

Equipment failure;

Utility failures;

Severe weather;

Natural events;

Government restrictions;

Staff illness;

Third-party failures; or

Any other event outside the Company's reasonable control.

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Where such circumstances occur, the Company shall use reasonable efforts to minimise any resulting delay.

If any provision, clause or part of these Terms and Conditions is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed modified or removed to the minimum extent necessary.

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The remaining provisions of these Terms and Conditions shall continue to remain valid and enforceable.

The Company reserves the right to refuse any instruction, repair, modification, inspection or request for services at its discretion.

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The Company may refuse or discontinue Work where:

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The Vehicle presents unacceptable safety risks;

The requested Work is unsafe, unlawful or impractical;

Required information, keys, security devices or authorisations are unavailable;

Payment obligations have not been met;

The Customer behaves in an abusive, threatening or unreasonable manner; or

The Company considers that continuing the Work would not be appropriate.

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The Company reserves the right to refuse to continue dealing with a Customer where communication becomes unreasonable, abusive, threatening or prevents the Company from carrying out its business appropriately.

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The Company shall not be liable for any resulting delay, inconvenience or costs arising from exercising this right.

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

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Any dispute, claim or disagreement arising from these Terms and Conditions, the Work carried out or the relationship between the Company and the Customer shall be subject to the exclusive jurisdiction of the courts of England and Wales.

By requesting any, part or all of the following: quotation, booking services, delivering the Vehicle, authorising inspection, diagnosis or repair, or instructing the Company to proceed with any Work, the Customer confirms acceptance of these Terms and Conditions in full. 

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By requesting or authorising any Work, the Customer is deemed to have accepted these Terms and Conditions, and all Work shall be carried out in accordance with them. 

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The Customer acknowledges that these Terms and Conditions apply to all Work carried out by Dynamic Motorworks Ltd 

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The Customer confirms that:

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• They have read and understood these Terms and Conditions.

• They agree to be bound by these Terms and Conditions.

• They confirm that they are the legal owner of the Vehicle or have authority from the legal owner to instruct the Company.

• They authorise the Company to carry out the requested Work and any additional authorised Work.

• They understand that repairs, servicing and diagnostics may identify additional faults or requirements.

• They understand that quotations and completion dates are estimates only.

• They understand and accept the Company's payment, storage and vehicle retention terms.

• They understand that parts supplied by third-party manufacturers are subject to Manufacturer warranties.

• They authorise reasonable testing, movement and operation of the Vehicle in connection with the Work.