This document outlines the terms and conditions of services provided by Unit-11, a company offering vehicle valeting and detailing services at their location in Gillingam Kent, or any other location occupied intermittently for the execution of the given services. The document clearly defines phrases such as “Agreement”, “Location”, “Services”, “Vehicle”, “Our/Company/ServiceProvider”, and “Client/your/you”, among others.
The terms of payment and pricing for services are explained in detail, and the client’s responsibilities are laid out, including the removal of child seats and the disclosure of any defects or damages in the vehicle. The document also covers issues such as termination of agreements, prohibited areas and warnings, and intellectual property rights. The limitations of Unit-11’s liability are outlined, and the document recognizes that Unit-11 has the right to refuse to work on any vehicle. Copies of this agreement are available upon request, and by agreeing to services, the client is acknowledging their acceptance of these terms and conditions.
2. TERMS
2.1 This Agreement is applicable to all contracts formed for the supply of Unit-11 services to the client.
2.2 Before the Services’ commencement, services to be performed on the client’s vehicle and prices will be agreed upon by the Client and the ServiceProvider.
2.3 The ServiceProvider will diligently work to deliver the Services within the expected duration.
3. PRICING AND PAYMENT
3.1 The pricing for the Services must be agreed upon prior to Unit-11 taking over the Vehicle. Leaving your Key and Vehicle confirms your verbal contract with the ServiceProvider for the Service at the agreed price. The Vehicle will undergo an evaluation upon arrival. If it diverges from prior descriptions or extra services are requested, the price might increase.
3.2 An invoice will be sent to the Client after the task is completed.
3.3 Payment should be made upon picking up the Vehicle. Failure to pay may lead to the retention of the Vehicle. Unit-11 may apply interest on late payments at an annual rate of 5% above the Lloyds Bank Plc base rate. Storage costs of £60 per day will be imposed if Vehicles are not picked up within the allotted 24 hours.
4. TERMINATION OF AGREEMENTS
The Client is stipulated to give Unit-11 at least five days warning should they decide to cancel an appointment. Unit-11 possesses the right to charge for a subsequently cancelled service if the cancellation is done with less than a five days notice under Clause 7.3.
5. COLLECTION/DELIVERY
5.1 Estimated delivery or completion dates given by the ServiceProvider are mere approximations and will not result in any liabilities for any losses, charges, expenses or costs caused either directly or indirectly by delays in service delivery.
5.2 Vehicle possession will be transferred to the Client upon collection/delivery.
6. CONTENTS OF THE VEHICLE
Unit-11 will not bear responsibility for personal items left in the Client’s Vehicle. We will attempt to bag and note down any items left/found but highly recommend removing such items before handing over your Vehicle.
7. CUSTOMER RESPONSIBILITIES
7.1 The Client’s cooperation is crucial for Unit-11 to fulfil its obligations under this Agreement requirements include:
7.1.1 Corporate with Unit-11;
7.1.2 Share all necessary information reasonably requested by Unit-11;
7.1.3 Seek and secure all needed permissions and consents before the Services begin;
7.1.4 Meet any other agreed-upon requirements.
7.2 Failure to comply with Clause 7.1 may lead to the Client compensating Unit-11 for any incurred expenses.
7.3 The Client may be required to pay pre-agreed upon damages and the total amount of any third-party costs to which Unit-11 has committed in the event of termination or cancellation of the agreed Services. Cancellations with less than five working days’ notice will be considered a breach of Agreement under Clause 7.1 and subject to payment of damages as outlined in this Clause 7.3.
7.4 Unit-11 reserves the right, without liability for the delay of completion of the work, to:
7.4.1 Notify the Client in the case of failure or omission which delays Unit-11 in fulfilling its obligations;
7.4.2 Modify the timetable accordingly;
7.4.3 Make a claim for any additional costs if need be.
7.5 The Client must disclose any defects or damages in the Vehicle which may affect the work of Unit-11.
7.6 The Client assumes responsibility for insuring their Vehicle at all times and Unit-11 will not bear this responsibility even while it is not at the ServiceProvider’s premises, such as during dealership work or at the customer’s house or chosen location. However, our best endeavours will be employed to ensure the safety and security of the Vehicle.
7.7 Remove child seats before leaving the Vehicle with Unit-11. Neither removal nor replacement of child seats is taken responsibility for by Unit-11 and the Client should ensure they are safely and securely re-fitted.
8. ILLEGAL ITEMS
Discovery of illegal substances or items in the Client’s Vehicle will lead to immediate termination of the service. Should this occur, Unit-11 will secure the Vehicle and notify the relevant authorities without the obligation to inform the Client.
9. PROHIBITED AREAS AND WARNINGS
The ServiceProvider will not be liable for any harm caused by entering and not adhering to notices at the premises. Unrestricted access to the work bay areas also requires prior management approval.
10. KEYS
Ensure to have a spare Vehicle key as Unit-11 will not be liable for accidental locking of keys in the Vehicle.
11. DISCRETIONARY RIGHT
Unit-11 remains the right to refuse to clean or work on any Vehicle.
12. INVENTORY
12.1 Unit-11 is not responsible for any damages that the products, specifically designed for use on Vehicles, might cause. Careful usage of products is guaranteed and are available on request for viewing by Clients.
12.2 Considering the hazardous nature of chemicals contained in certain products which could potentially damage clothing, Clients are recommended to keep their distance during the Washing procedure following non-adherence could not be a responsibility of Unit-11 and is entirely at the Client’s risk.
13. GUARANTEE
13.1 Unit-11 guarantees to perform all Services with reasonable skill, care and industry standard quality.
13.2 Unless explicitly stated in this Agreement, all warranties, either expressed or implied, are hereby excluded concerning the Services provided by Unit-
14. INDEMNIFICATION
The Client shall indemnify Unit-11 against all claims, costs and expenses arising, directly or indirectly, from the Client’s breach of this Agreement. This also includes any claims alleging that the Services infringe a patent, copyright, trade secret or other rights of a third party.
15. LIMITATION OF LIABILITY
15.1 Unit-11’s liability for any claim or breach of this Agreement, with neglect or otherwise, shall be limited to the price paid by the Client. This, however, excludes death or personal injury due to Unit-11’s negligence which has no limit.
15.2 Under no circumstances shall Unit-11 be liable for business loss, loss of opportunity, profits, or any other indirect or consequential loss or damage. This clause applies regardless of the foreseeable nature of the loss or if Unit-11 had been aware of the possibility.
15.3 To be clear, Unit-11 shall not be held responsible for:
15.3.1 Loss or damages due to third parties who are not Unit-11 employees or acting under its management instruction;
15.3.2 Loss or damages if the Vehicle is left unattended before or after normal operating hours;
15.3.3 Loss or damages caused by undisclosed defects, weaknesses or damages known or unknown to the Client.
15.4 Neither personal injury nor death due to Unit-11 or its agents, sub-contractors or employees’ negligence will limit Unit-11’s liability.
16. TERMINATION
16.1 Either party may terminate the Agreement through notice in case of:
16.1.1 A material breach of the Agreement that remains unremedied within 30 days of a written notice;
16.1.2 A material breach that cannot be remedied regardless;
16.1.3 Winding up resolution or court order;
16.1.4 Business discontinuity;
16.1.5 Insolvency declaration, creditor arrangements or proposals, or appointment of a liquidator, receiver, administrative receiver, manager, trustee, or similar officer over any of its assets.
16.2 The ServiceProvider is entitled to terminate this Agreement anytime by providing 48 hours notice to the Client, verbally or in writing.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 Intellectual Property Rights derived from or as a result of this Agreement shall, to the extent not already vested, become the absolute property of Unit-11. The Client shall ensure that such rights vest in Unit-11 by the execution of appropriate instruments or making agreements with third parties.
18. FORCE MAJEURE
Neither party shall be considered in breach of this Agreement if delay or failure results from events or circumstances outside its reasonable control and shall be entitled to a reasonable extension after notifying the other party.
19. INDEPENDENT CONTRACTORS
Unit-11 and the Client are independent contractors without any authority to bind or act as a representative of the other party, unless expressly agreed to in writing. Unit-11 may hire sub-contractors to provide Services but such hiring does not relieve it of its obligations.
20. ASSIGNMENT
Without the prior written consent from Unit-11, the Client shall not be entitled to assign its rights, delegate duties or obligations under this Agreement to another party.
21. SEVERABILITY
If any provision of this Agreement is held invalid, illegal or unenforceable by a Court of competent jurisdiction, the remaining provisions of this Agreement will remain in full effect.
22. NOTICES
Pertinent notices are deemed served and received if sent via email on the day it was sent or if by post, in the ordinary course of post.
23. ENTIRE AGREEMENT
This Agreement contains the entire agreement between Unit-11 and the Client and supersedes all earlier agreements, oral or written proposals or arrangements related to the subject matter.
24. NO THIRD PARTIES
This Agreement does not grant rights to any third parties.
25. JURISDICTION AND GOVERNING LAW
This Agreement is construed in accordance with English law, and the parties must submit to the exclusive jurisdiction of the English courts.
26. ALTERATIONS
26.1 Unit-11 reserves the privilege to modify these Terms and Conditions at any time. Continued use of the service after such changes will be deemed acceptance of the revised terms.
27. CONFIDENTIALITY
27.1 Both parties agree to preserve the confidentiality of all information received from the other during the course of the Agreement, except as required by law.
28. WAIVER
28.1 Failure by either party to exercise rights under this Agreement at any time shall not constitute forfeiture or waiver of those rights and will not prevent the party from subsequently enforcing them.
29. DISPUTES
29.1 Any disputes arising out of this Agreement will first be attempted to be resolved through negotiation. If negotiation fails, disputes will be subjected to the jurisdiction of the English Court.
30. IMAGES
30.1 Unit-11 maintains the right to take photographs or record video footage of Vehicles and use them for training, promotional or marketing purposes unless explicitly requested not to do so by the Client.
31. COMPLAINTS
31.1 If you have any complaints about the Services, please contact Unit-11 immediately. We will endeavor to resolve it swiftly and fairly.
32. HEALTH AND SAFETY
32.1 Unit-11 abides by health and safety regulations. Clients visiting our premises are expected to respect and comply with these rules for their own safety and that of others on-site.
33. INSPECTIONS
33.1 We recommend the Client to inspect the Vehicle upon delivery to make sure the agreed Services were completed to their satisfaction. Any disputes must be raised at this point so that they can be immediately resolved.
34. NATURE OF RELATIONSHIP
34.1 Nothing in this Agreement is intended to constitute a partnership or create an employer-employee relation between the parties. Neither party will have any right, power or authority to act as though it is the agent of the other.
35. HEADINGS
35.1 The headings used in this Agreement are strictly for navigation and do not affect the interpretation of the provisions.
We appreciate your attention to these Terms and Conditions and look forward to providing quality service to you.
Your booking confirmation will be seen as full acceptance of these Terms and Conditions and an agreement to be bound by the same.