TERMS AND CONDITIONS
1.1 These terms and conditions are presented to you to read and agree to before completing any online transaction and are available to see physically for works and services to be carried out by MCCS at our premises. To complete a transaction online you shall be deemed to have accepted these Terms and Conditions.
1.2 The details set out in these terms and conditions form the basis upon which MCCS Engineering Limited (“MCCS”) will provide the Services to the Customer.
1.3 This agreement is between MCCS and the Customer. No other person shall have any rights to enforce any of its terms.
1.4 Only MCCS may transfer its rights and obligations under these Terms and Conditions to another party. MCCS will notify the Customer if this happens but this will not affect the Customer’s rights or MCCS’s obligations under these Terms and Conditions.
1.5 If MCCS fails to insist that the Customer perform any of the Customer’s obligations under these Terms and Conditions, or if MCCS does not enforce its rights against the Customer, or if MCCS delays in doing so, that will not mean that MCCS has waived its rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If MCCS does intend to waive a default by the Customer, it will only do so in writing, and that will not mean that MCCS will automatically waive any later default by you.
1.6 Each clause of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect.
1.7 These Terms and Conditions shall be governed by the law of England and Wales and any dispute in connection with them or any claim by either party against the other (whether in contract, tort or otherwise) shall be determined exclusively by the courts of England and Wales to whose jurisdiction both MCCS and the Customer irrevocably submit.
2.1 The Customer must inform MCCS of any information relating to the Car and/or Engine which might be relevant or helpful to MCCS in carrying out the Services and the Customer will be responsible for any incorrect information supplied to MCCS,
2.2 If the Customer is not the legal owner of the Car and/or Engine it is responsible for ensuring that it has the legal owner’s permission for the Services to be carried out, but in any event the Customer remains subject to these Terms and Conditions including having liability for the payment of any invoices generated by MCCS for works carried out for them.
3.1 Any estimate of cost for the provision of the Services is MCCS’s considered estimate of the likely cost of the Services, but all estimates are estimates only and are not firm quotations.
3.2 Any estimate will be valid for 30 days only.
3.3 Unless otherwise agreed in writing, if it appears during the carrying out of the Services that the estimated cost will be exceeded by more than 20% then MCCS will notify the Customer as soon as reasonably possible and will not continue with the Services until the Customer authorises MCCS to do so.
STORAGE AND COLLECTION
4.1 MCCS will store the Car and/or Engine at its premises whilst it is working on it and will take all reasonable precautions to ensure its security.
4.2 MCCS will not charge for storage when the Car and/or Engine is in the workshop and the Services are being performed.
4.3 MCCS will inform the Customer when the Services are complete and give notice when the Car and/or Engine is ready for collection. If the Car and/or Engine is not collected within 30 days of notice being given MCCS reserves the right to place the Car and/or Engine into storage and will have the right to charge the Customer for storage at the rate of £20 plus VAT for a car and £10 plus VAT for an engine per week. All invoiced costs and any storage charges must be fully paid before collection.
4.4 If the Customer arranges for a third party to collect the Car and/or Engine, the Customer must ensure that MCCS is informed of the name of person or company collecting in good time prior to collection.
4.5 If the Customer fails to collect the Car and/or Engine within 3 months of MCCS’s first notice to collect, then MCCS shall be entitled to dispose of it in the manner permitted by Section 12 of the Torts (Inference with Goods) Act 1977.
EVENTS OUTSIDE OUR CONTROL
5.1 MCCS will not be liable for any failure to perform, or delay in performance of, any of our obligations, under these Terms and Conditions that is caused by an Event Outside Our Control (“EOOC”). For the purpose of these Terms and Conditions an EOOC means an act or event beyond MCCS’s reasonable control, including without limitation, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation from war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, strikes, lock-outs or other industrial action, unavailability or parts or materials or personnel.
5.2 If an EOOC takes place which affects the performance of MCCS’s obligations under these Terms and Conditions it will contact the Customer as soon as reasonably practicable to notify it and MCCS’s obligations under these Terms and Conditions will be extended for the duration of the EOOC. Where the EOOC affects MCCS’s performance of the Services it will endeavour to restart the Services as soon as possible after the EOOC is over.
REFUNDS AND RETURNS
6.1 Any Parts which are supplied by MCCS and which prove unsuitable may be returned for refund or exchange if they are returned to MCCS within 7 days of receipt, subject to the following conditions (i) Parts should be returned unused in their original condition and have not been fitted or tampered with in order to secure a refund; (ii) Parts must be returned complete with all packaging in good condition.
6.2 Any Parts supplied by MCCS which prove unsuitable and which are returned after 7 days from receipt will only qualify for a refund or exchange if MCCS in its absolute discretion agrees and may be subject to a restocking charge of not less than 10 per cent of the charge for the Parts in question.
6.3 MCCS will not accept the return of any Parts which have been specially ordered for the Customer or manufactured to the Customer’s specification.
6.4 All returned Parts are to be accompanied by the Customer’s name and address, order reference number (these are found on the invoice), and reason for return.
6.5 All carriage costs relating to returned Parts are to be borne by the Customer and MCCS does not accept responsibility for returned Parts which are undelivered (Customers should retain proof of postage etc in order to make a claim against their carrier).
6.6 MCCS is not responsible for any labour or other charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied) Parts.
6.7 Customers must advise MCCS’s Parts Department of any problems with shortages or carrier damage within 5 days of receipt. MCCS regrets that beyond this time, due to circumstances beyond its control, it may be unable to process any returns request after that time.
7.1 If MCCS fails to comply with these Terms and Conditions, it shall only be responsible for loss or damage suffered by the Customer which is a directly foreseeable result of MCCS’s breach of these Terms and Conditions or MCCS’s negligence, in either case up to the value of the charges for the Services only, and MCCS is not responsible for any loss or damage that is not directly foreseeable, including any economic loss, or which is not the result of its breach of these Terms and Conditions or its negligence or any costs of removal or refitting of any Parts or replacement parts. Any particular loss or damage is directly foreseeable only if at the time of entering into this agreement it was an obvious consequence of MCCS’s breach or negligence or it was clearly contemplated by both the Customer and MCCS at the time of making this agreement. The Customer must make every effort to mitigate any loss and time shall not be of the essence in respect of the Services and accordingly MCCS shall not be liable for any delay in supplying the Services.
8.1 In relation to the supply of Parts, MCCS warrants only that they are free from defects at the point of sale. Any Parts supplied are sold as seen and they should be carefully inspected by the Customer prior to fitting and use. Any warranty from MCCS ceases once the Parts have been fitted.
8.2 As regards the provision of the Services (excluding, for the purposes of this clause 12 only, the supply of Parts), MCCS gives no warranty.
8.3 Where any claim is made against MCCS, it will be given a reasonable opportunity by the Customer to examine the Car and/or Engine and/or the Parts as applicable or, if necessary, opportunity to designate a subcontractor for further examination of the Car and/or Engine and/or Parts at MCCS’s expense.
8.4 Subject always to clause 11, for all Services carried out by MCCS (excluding any Services not carried out by MCCS) it will make good, solely by means of repair or replacement at its cost (and not by a third party), any defects which are both notified by the Customer within 60 days from the date of collection of the Car and/or Engine and are thereafter accepted by MCCS as being attributable to faulty design, materials or workmanship on the part of MCCS.
8.5 If the Car and/or Engine has in MCCS’s opinion been subject to misuse, neglect or accident which has caused the damage, or has been repaired by anyone other than MCCS, then MCCS reserves the right to refuse to repair the Car and/or Engine.
9.1 The Customer may terminate this agreement at any time by giving MCCS 14 days notice, but the Customer will remain liable to pay all invoiced costs and any storage charges, along with any further charges made by MCCS to ready the Car for collection.
9.2 MCCS may terminate this agreement at any time and for any reason with immediate effect by giving notice of the termination to the Customer and the Customer shall remain liable to pay all invoiced costs and any storage charges, along with any further charges made by MCCS to ready the Car and/or Engine for collection.