Conditions of Business
Paint Protection Services
JULES STURGESS AUTOMOTIVE LTD.
PAINT PROTECTION FILM APPLICATION: CONTRACTUAL CONDITIONS
Jules Sturgess Automotive Ltd (hereinafter 'the Company') undertakes the application of Paint Protection Film (hereinafter ‘PPF’) to a motor vehicle ('the Vehicle') belonging to a client (‘the Owner’) only on and subject to the following Terms and Conditions ('the Conditions'), in addition to any condition stated on the Company's PPF Booking Form ('the Form').
1.1 The Services selected on the Form by the Owner (‘the Work’), together with the price quotation (‘the Price’), and these Conditions shall constitute the entirety of the contract between the Company and the Owner.
2.1 All prices shall be subject to detailed quotation on a case by case basis specific to a particular car due to the variability of cost of materials and labour from model to model and variability of the Owner’s requirements as to panel coverage.
2.2 Unless the Vehicle is new and unregistered any pre-existing paint damage, chips etc. shall be identified with the Owner, recorded photographically and marked upon the Form prior to the Work. If rectification of such pre-existing faults is required it will be subject to additional charges which shall be agreed prior to the Work.
2.3 All prices are based upon the Vehicle being delivered and collected to/from the Autostore premises either by the Owner or his authorised representative during normal working hours. Additional charges will apply for collection/delivery made at all other times. Collection is to be made within 5 days of notification to the Owner of completion of the Work and the Company reserves the right to charge for storage at its normal Tariff rate for Vehicles not collected in this period.
2.4 The price invoiced shall be that given in the quotation for the Work plus any additional services such as collection/delivery/abnormal hours/storage etc.
3.1 Payment in full is due upon notification of completion of the Work and prior to release of the Vehicle for collection by the Owner or his representative upon completion of the Work subject only to the Owner’s inspection and acceptance of the Work if so required prior to collection.
3.2 The Company reserves the right to charge interest on accounts outstanding more than 5 days after their due date at an annualized rate 2.5% above the London Inter Bank Offered Rate (LIBOR) current at the date of settlement.
4 LIEN & DISPOSAL OF GOODS
4.1 The Company shall have a General Lien on all vehicles or property belonging to the Owner for all monies owed to the Company on any account, whether for PPF or for additional services. The Company shall be entitled to charge for additional Storage Services in respect of any period for which the Owner's property is retained under such lien.
4.2 If the Owner's indebtedness to the Company is not satisfied within 3 months of the account for such indebtedness being first rendered, the Company shall have the right, upon giving the Owner one month's notice in writing, to sell any property upon which the lien has been exercised at Public Auction. The proceeds of such sale, after meeting all costs thereof including the Company's administrative costs for the arranging of such sale shall be applied firstly to satisfying the indebtedness of the Owner to the Company, with any balance being remitted to the Owner or, if the Owner is not contactable, held in his account until claimed.
5.1 The Company undertakes to exercise all reasonable care in the safety and security of the Owner's property while in the Company's safekeeping, but shall be liable for any loss, destruction or damage to such property only in so far as it can be proven that such loss etc. results from negligence on the part of the Company or its employees.
5.2 The Company accepts no liability whatsoever for any loss, damage or destruction however caused whilst the Vehicle is in the custody of any subcontractor or any other third party when such derogation of the Company's custody of the Vehicle has been agreed implicitly or explicitly by the Owner.
5.3 The Company shall have no responsibility for any mechanical or electrical failure of any vehicle whilst in its care or thereafter, and the Owner shall hold the Company indemnified against any loss consequent upon such failure.
5.4 The Company is not liable for paint or lacquer damage during application, nor upon removal, of PPF where non-OEM or in any way inferior quality paintwork has not been disclosed to the Company by the Owner prior to commencement of the Work.
5.5 On collection the Owner or a designated third party shall agree by signature of the Company’s Booking Out Form that the condition of the vehicle is satisfactory accepted by the Owner, which condition shall also be evidenced photographically. Once the vehicle has left the Company’s site, it is agreed that its condition is accepted by the Owner.
5.6 Any claim by the Owner in respect of any loss or damage to the Owner's property shall be made in writing within 3 days of the date of delivery or collection by the Owner or his authorised agent or from the date of notification of such loss or damage by the Company to the Owner, whichever the sooner, and any claim not made within such time limits period shall be deemed to have been waived. No such post-collection claim shall be entertained by the Company unless evidenced in the photographic record made prior to collection.
5.7 The Company shall not be liable for any damage or loss caused to any Vehicle resulting from any item contained within the Vehicle whether purposely or by accident. No containers of liquids, flammable or explosive products or dangerous articles of any nature may be allowed to remain in any vehicle during the Work. Any such articles discovered to be contained within any Vehicle during storage by the Company may be removed and disposed of at the absolute discretion of the Company without reference to the Owner.
6.1 The Company maintains insurance cover for any Vehicle whilst under the control of the Company for the Work in respect of Fire, Accidental or Malicious Damage and Theft risks.
6.2 In respect of any necessary movement of any Vehicle within the Company’s premises for performance of the Work the Owner is deemed to have given permission for the Vehicle to be driven by the Company's authorised staff both on the public highway and elsewhere. The Company undertakes to maintain comprehensive Motor Trades insurance cover for such use of the Vehicle.
7.1 All PPF Work or other service is performed by appointment only. Up to 7 working days may be required to schedule the Works to start. The vehicle is normally required for up to 5 working days for application of a complete protection kit, film curing/drying and immediate aftercare, or proportionally less for smaller coverage area. Whilst every effort will be made to accommodate requests for Work to a shorter time-scale than this, the Company will not be held liable for any consequential loss or inconvenience due to delay in completing Work under such circumstances. Abbreviated Work times may also result in minor curing/drying flaws in the film appearing after collection by the Owner and no liability shall accrue to the Company for such latent faults caused by rushed Work.
7.2 The Company's normal hours of working are 08:45 – 17:00, Monday – Friday during which the PPF facility is open. For collection or delivery outside these hours time is charged at the Company's flat hourly rate for labour as specified in the Tariff. No additional supplements or surcharges than these are made for evening or weekend working.
8.1 The Company uses PPF from various manufacturers who give their own guarantees of film life time, resistance to yellowing, cracking, delamination, peeling, bubbling and other manufacturing and material defects which are passed in full to the Owner following the Work.
8.2 The Work comes with a 3 year warranty against delamination, peeling and bubbling as a result of any error by the Company in application of the PPF. The Warranty does not cover the penetration or marking of the film subsequent to collection through any cause. The Warranty also does not cover lifting and damage of the material due to post-collection negligence by the Owner in treatment of the PPF. Lifting can occur when using high pressure washers incorrectly and through application of harsh chemicals.
8.3 It is inherent in the PPF application process that there are certain limitations to the coverage achievable dependent upon the form and curvature of the various body panels of the Vehicle. These include, but are not limited to, gapping at edges of panels which is usually specified by the film manufacturer to be no less than 1.5 mm from the beginning of the rolled edge of a panel to prevent undue strain on the adhesive layer leading to edge lifting; minor variation (of up to 1 mm) in such edge relief where manual trimming is necessary; minor stretch marks where the body panel has excessive curvature over which the film must be stretched; slight gapping ( up to ~1 mm) where film panels must be butt jointed and minor application fluid bubbling (which will dissipate gradually over some weeks after application). Such possible minor inherent limitations will be discussed and agreed with the Owner prior to the Work and shall not constitute grounds for reworking or film replacement under Warranty, nor for rejection of the Work before it has been accepted and the Vehicle collected or delivered.
8.4 Whilst it may be possible to wrap film over the edges of some panels (e.g. bonnets that may be opened) this is not part of the normal application procedure for ordinary panels and the Company does not undertake to disassemble body panels or other parts to achieve such edge wrapping. If this is a particular requirement of the Owner it will only be undertaken on a best effort basis, since such extra material is not normally part of the pre-cut panel template, and is done only at the risk of the Owner as far as subsequent panel refitting is concerned and shall not constitute basis for any Warranty claim.
8.5 Faults due to pre-existing paint damage which has not been rectified prior to the Work per Clause 2.2 above shall not constitute a basis for any Warrant claim.
9.1 The addresses of the parties shall be those given on the Form, or such subsequently changed address as the Owner shall notify to the Company in writing.
9.2 Any notice required to be sent under the Terms of this Agreement shall be deemed properly sent if dispatched by Registered Mail to the last notified address of the Owner.
10.1 In the event of any dispute over the execution or terms of any Contract for its PPF Services, the Company undertakes to appoint an independent professional Arbitrator to settle the dispute. The decision of the Arbitrator will be final and binding on both parties, and all costs will be paid by the party requesting arbitration.
11.1 The headings in these Conditions are for convenience only and shall not alter their interpretation.
11.2 In the event of any insolvency on the part of the Owner, or if the Company reasonably suspects that any such act is about to occur and gives notice to the Owner to this effect, then, without prejudice to any other rights or remedies open to the Company, the Company shall be entitled to cancel any Contract for PPF Services forthwith and require immediate settlement of all outstanding accounts with the Owner, including those for partially completed Work, subject particularly to Clauses 4.1 & 4.2 above.
11.3 No variation of these Conditions shall be effective unless approved in writing by a responsible officer of the Company.
11.4 All Contracts for PPF Services shall be construed as being written and interpreted under English Law.
11.5 The Owner accepts that photographs shall be taken at the start and end of the Work and kept on record as evidence of the vehicle’s condition. These will not be used by the Company for any other purposes without permission from the Owner.