The Estimate prepared by CARS is an offer to conduct repairs to the damage indicated at the price stated. The customer’s agreement however stated to proceed with repairs constitutes acceptance of that offer and forms a binding legal contract incorporating these Terms of Business.
A non-refundable deposit for 50% of the total invoice price shown on the estimate (plus the cost of any special order parts or materials) secures the booking. The customer authorises the debiting of their supplied payment card for this deposit. CARS may at their discretion take the deposit once the booking has been made, on customer cancellation or if the customer cannot be found by reasonable enquiry at the repair or collection location at the booked time and date (in which case all obligations on CARS to complete the repair shall cease), or take payment in full once the repair has been completed.
If for any reason, including but not limited to inclement weather, CARS is unable to carry out the repair or collection at the time date or location indicated on the Estimate, any and all liability incurred by CARS as a result shall be discharged by CARS making an offer to conduct the repair at the Estimate price at an alternative time date or location convenient to both parties, whether or not such time date and location is identified or such offer is accepted.
Repairs may be completed at a location agreed with the customer, or at CARS’s nominated location. CARS has absolute discretion to decide on the location for the repair. This decision may be changed, including on the date of the booked repair, as variable factors including but not limited to weather and available light affect the decision. If CARS decide that the repair should be completed at a location other than that originally envisaged, the customer authorises CARS to remove the vehicle to such an appropriate location. Removal and return of the vehicle in these circumstances will be a service provided by CARS at no further charge. Any refusal by the customer to permit such removal shall be treated as a cancellation and lead to loss of deposit. If the vehicle is not in a road legal condition, including having appropriate documentation (including but not limited to vehicle excise license (‘Tax Disc’) and MOT test certificate) this shall be treated as a cancellation and lead to loss of deposit unless the lack of road legal condition was notified to CARS at or before the point of booking.
Carrying Out the Repairs
CARS undertakes to carry out the repairs indicated on the Estimate. If it becomes clear during the work that, in the opinion of the repairer, further work is necessary to properly complete the repairs outlined on the Estimate, the customer’s authorisation and agreement will be obtained before any further work is undertaken that would increase the price shown on the Estimate. If such authorisation is not forthcoming, CARS reserves the right not to continue with the repairs that require the further work. In these circumstances the full Estimate price remains payable by the customer. Further work that does not increase the Estimate price may be proceeded with without the requirement for customer authorisation.
No repair will be identical to an automotive factory finish, which is machine-sprayed to tolerances beyond human capability. Hence no repair will ever be ‘as good as new’. CARS discharges its obligations under any repair agreement by providing a good quality, hand-completed aftermarket repair. In normal circumstances, such a repair is unlikely to be detected by a casual examination of the vehicle by an untrained observer unaware of the previous damage location.
The CARS repair system includes elements (including but not limited to factory paint reproduction recipe database) that are provided by third parties. Finish (including but not limited to colour) match may be approximate only when limitations of such third party supplied elements prevent a more precise finish match. In any such case, provision by CARS of an approximate finish match will be considered supply of a good quality repair. CARS is entitled to subcontract out work to or engage on behalf of the customer as agent such third parties as we see fit.
The CARS paint system is designed to reproduce and be compatible with an original vehicle finish. Hence an approximate finish match will be considered a good quality repair where the vehicle finish is non-original. It is the absolute responsibility of the customer to advise CARS of any non-original finish areas on the vehicle. In case of chemical incompatibility with a non-original finish (whether or not notified by the customer) CARS will not be obliged to complete or rectify any affected repair and the customer will not be obliged to make payment for the portion of the invoice price representing any affected repair. Liability for mutual contractual mistake under this agreement rests with the customer.
Extent of Warranty
CARS guarantee repairs for a period of two years. This is a formulation and application guarantee: that the finish will not degrade due to the refinish materials being improperly prepared or applied by CARS.
No guarantee of any sort is offered against damage to the finish by any corrosion or rust (whether or not evident before the repair was carried out) by failure of the surface to which the repair is applied (including but not limited to failure of a previous aftermarket paintwork repair), further accident or impact (including but not limited to stone chipping) or by inappropriate aftercare once the vehicle has been returned to the customer. Aftercare instructions will be supplied by CARS with the customer invoice.
Chip repairs, ‘touch-ins’, polishing repairs and any other repairs identified as such to the customer by CARS will be on an ‘improve only’ basis, and no representation is made and no guarantee offered that such a repair will be in any way undetectable against the original finish. Repairs may be identified as an “attempt to improve only” in which case CARS do not guarantee any improvement. Claims under the CARS guarantee are settled by free rectification or (at CARS’s discretion) a refund equal to the portion of the invoice price representing the unsatisfactory repair. Any refund or liability shall be limited to a maximum of the amount quoted upon the estimate or invoice. CARS will not be liable for any consequential loss incurred as the result of a repair. It is incumbent on the customer to keep a receipt as proof of work carried out. Any warranty claim made without a receipt shall be at CARS’s discretion. The CARS warranty is not transferable.
Unless other arrangements have been agreed beforehand, payment is due on completion of the repair and shall be by cheque, cash, credit or debit card (subject to the card processing fee in force at the time of payment). We regret we are unable to process payment by American Express. CARS is entitled to exercise a lien over the repaired vehicle until satisfactory payment is made by the customer, which in the case of payment by cheque shall be deemed to have taken place when a cheque has cleared the banking process.