Terms and Conditions
- “The Supplier” means the person operating a Dent Devils franchise franchisee number appears on the face of this document.
- “The Customer” means the company or other body corporate or persons contracting with the Supplier for the supply of Services under the Contract.
- “The Contract” means the contract made between the Supplier and the Customer for the supply of services upon the terms set out herein.
- “The Services” means the services agreed to be supplied by the supplier to the customer under the contract.
1.1 All quotations and orders are accepted on these terms, search which supersede any other terms appearing elsewhere. All orders hereafter made by the customer shall be deemed to be made subject to these terms.
1.2 The Customer acknowledges that there are no representations outside these terms which have induced it to enter into the Contract and these terms and those on the face hereof shall constitute the entire understanding between the Supplier and the Customer for the sale of goods or Services under the Contract
1.3 No modification of these terms shall be effective unless made by an express written agreement between the Supplier and the Customer. The signing by the supplier of any of the Customers documentation shall not imply any modification of these terms.
2.1 Quotations are subject to withdrawal at any time before receipt of any unqualified order from the Customer.
3.1 All descriptions and illustrations contained in the Suppliers catalogues, price lists and advertisements or otherwise communicated to the Customer are intended merely to present a general idea of the Services and nothing contained in them shall form any part of the Contract.
4. THE PRICE
4.1 Prices for the Services shall be those set out in the Contract or in the Suppliers price list current at the time of the provision of the Services.
5.1 Unless special provisions have been agreed in writing by the Supplier, Payment for the Services or any part thereof shall be made no later than 14 days after the date of invoice. The Customer is hereby notified that the supplier has assigned to Dent Devils Limited all debts due to it from the Customer. Payment of the Suppliers invoices should be made to Dent Devils limited.
5.2 Without prejudice to the right of the Supplier and / or Dent Devils Limited to payment in accordance with the terms of payment above, the Supplier and / or Dent Devils Limited shall at its discretion charge interest in respect of all or any outstanding sums from the due date for payment until payment in full (including all interest due) is received by Dent Devils Limited and shall be payable at a rate of 4% per annum over the base lending rate for the time being of Barclays Bank PLC and shall accrue from day to day.
5.3 If payment is overdue in whole or in part then the whole of any amounts outstanding to the Supplier shall immediately become payable whether or not such monies would have been payable at that time but for the provisions of this sub clause.
6.1 All dates for the performance of the Service or any part thereof are estimates only and the time for performance of Services shall not be the essence of the Contract. The Supplier shall in no circumstances be liable to performance of the Services or any part thereof for whatever reason.
6.2 The Supplier may at its option cancel or suspend (or suspend and then cancel) the supply of all or any of its Services.
7. STANDARD OF SERVICES
7.1 The Customer hereby acknowledges that in certain circumstances, due to the nature of the damage to a vehicle the Supplier will not be able to reinstate the vehicle to its original state. Further works, including but not restricted to remedial work to paintwork may be required. In such circumstances the Supplier will have no liability to the Customer in relation to any further works, which are necessary to restore the vehicle to its original undamaged condition.
7.2 The signature by the Customer or its authorised representative of the Suppliers acceptance form shall signify that the Customer is fully satisfied that the Services have been provided satisfactorily and in accordance with all standard implied by law or otherwise.
8.1 The Customer shall indemnify the Supplier in respect of all actions, suits, claims, demands, charges or expenses in connection therewith made by any third party arising from the provision of the Services.
9. LIMITATION OF LIABILITY
9.1 The Supplier can only accept liability for any loss or damage sustained by the Customer as a result of any act or omission on the part of the Supplier or its savants or agents in the event that the Customer or its authorised representative has not signed an acceptance form in relation to the provision of the relevant Services.
10. FORCE MAJEURE
10.1 The Supplier shall be relieved of all liability otherwise arising under these conditions to the extent that it should be unable to carry out any of its controls or restrictions non-availability of personnel or any other cause whatsoever beyond the Suppliers control.
11.1 The customer hereby waives any and all existing and future claims and set-offs against any payment due hereunder and agrees to pay such payments regardless of any equity set-off or cross claim the Customer may have against the Supplier.
12.1 In the event of any of the within written terms and conditions being determined to be invalid unlawful or unenforceable to any extent such terms and conditions should be severed from the body of the Contract and the remainder of the Contract shall continue to be valid and enforceable to the fullest extent permitted by law.
13.1 The Supplier provides the Service under licence from Dent Devils Limited and is independent of Dent Devils Limited. The supplier does not act as agent for Dent Devils Limited and is not empowered to bind Dent Devils Limited is not responsible for and does not accept liability for the acts debts or defaults of the Supplier.
14. PROPERTY LAW
14.1 This agreement shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.