Paintwork & RepairsTerms & Conditions.
DefinitionsThe Repairer means Marden Commercials which is a trading name of Marden Signs & Designs Ltd
The Customer Means, the person, firm, or company for whom the services are performed.
Services, mean the repairs/paintwork, alteration, and restoration, of vehicles/plant/machinery or object and any other operation carried out for the Customer by the Repairer including the storage of the Vehicle and the hiring of Courtesy Vehicles.
Completion Date means a date when the Repairer believe the service will have been completed
EstimatesAn estimate given for the Paintwork/Repair shall be provisional and will be subject to variations in the price of parts or materials between the date of the estimate and the date of repair. It will also depend on further work or parts/materials which are found to be necessary subject to any conditions specified upon instruction either by the Repairer or the Customer.
A charge may be made for the provision of an estimate.
All Estimates given without actual vehicles(s) being inspected are to be used as an indication of price only.
The Repairer reserves the right to refuse to;
Carry out any work on the vehicle which in its opinion, or in the opinion of its employees, is likely to make the vehicle unsafe whether for vehicle occupants and/or pedestrians. Carry out work which might have a detrimental effect on other parts of the vehicle.
Deliver/Collect/Road test a vehicle if in the opinion of the Repairer and/or its employees the vehicle has been presented in a manner which would render its use on the highway to constitute a criminal offence, this may include, but is not limited to illegal tyres, number plates and privacy glass.
We will not be held responsible for any Hire charges or expenses incurred
Sub-ContractIt may be necessary on occasions for the Repairer to instruct specialists to undertake specialist repairs to your vehicle. In so doing the Repairer agrees that they will only use competent professionals to undertake these services.
Replacement PartsAll components removed from your vehicle and replaced, other than those exchanged for replacement parts or subject to a warranty claim, become the property of the Repairer unless the Customer requests their return prior to the commencement of the service.
NOTE. All replacement parts remain the property of the Repairer until the Repairer receives payment in full for the service provided. Furthermore the Repairer reserves the right to enter the Customer's property and remove parts from the Customer's vehicle to the value of the outstanding invoice. By entering into agreement with the Repairer the Customer is giving its express authority to the Repairer to enter its property and remove parts from the vehicle to the value of the outstanding invoice.
PaintworkWhere new paintwork is required and the metal is found to be rusted, every possible reasonable precaution will be taken to prevent such rust penetrating after the completion of the painting. However, no guarantee can be given that the rust will not reoccur after the services provided by the Repairer. Any rectification work that is deemed necessary will only be carried out on our premises. We will not be held responsible for any associated costs, such as outside contractors, delivery, fuel, labour, drivers, hire charges or any other.
The Repairer uses the very latest paint and materials as requested by the vehicle manufacturers for which it is approved to undertake vehicle repairs. However, if partial paintwork is required, every endeavour will be made to match the existing colour scheme, but no guarantee can be given of perfect colour match. On occasions The Repairer may be required to 'Blend or spray the adjoining panels' in order to obtain a satisfactory finish.
Prior to the commencement of the Service the Repairer will provide the customer with an estimated Completion Date. Whilst the Repairer shall make every effort to ensure that the services are completed on or before the Completion Date, Completion Dates are only estimates setting out when the Repairer believes the repair to your vehicle will be completed. Completion dates may change. If a Completion Date changes the Repairer agrees to make reasonable attempts to contacting the customer immediately and to provide the Customer with a revised estimated Completion Date.
The Repairer will endeavour to complete the services by the date and time requested, but cannot accept responsibility for delay resulting from none or late availability of spares, or other reasons beyond its control.
CollectionOnce notified that your vehicle or item is ready for collection please collect as quickly as possible, and in any event within 24 hours upon receiving the Repairer's request to collect. The Repairer will only release the vehicle or item to the customer after repairs/paintwork are completed, unless it is requested by the customer to release the vehicle or item to the customer's agent.
In order for the Repairer to undertake the Service, The Repairer's employees will be required to drive your vehicle; this may also include a road test to ensure that the vehicle operates correctly upon the road. If there is insufficient fuel in your vehicle, additional fuel will be added and a charge will be made for this fuel. By entering into this agreement you agree to reimburse the Repairer for any fuel they have placed into your vehicle.
VATAny VAT shown on the estimate is at the rate in force at the time the estimate was prepared. The VAT charged on completion of the repair will be the rate applicable at the time.
By entering into this agreement the customer agrees to ensure that they are able, and prepared to pay the VAT element of the repair invoice, or their insurance excess when and if applicable. The amount of any excess and/or VAT must be confirmed, agreed and paid to the Repairer upon the completion of the Service.
PaymentAll payments must be made to The Repairer before the Vehicle is released, unless alternative arrangements are agreed with The Repairer and confirmed in writing. If the Customer fails to pay the Repairer, the vehicle will be retained and storage charges will accrue commencing at the end of a 24 hour collection period. The collection period commences when the Customer is informed that the vehicle is ready for collection.
If a Customer fails to contact the Repairer and make arrangements to collect the repaired vehicle or item, or the Customer fails to collect the repaired vehicle or item before the collection period expires or on a date agreed with the Repairer, storage charges will accrue at a daily rate until the vehicle or item is collected. If a courtesy vehicle is also retained by the customer daily hire charges for the courtesy vehicle will also accrue. Please note that by entering into this agreement you agree to pay hire charges for the courtesy vehicle if it is not returned with 24 hours of a request by the Repairer to collect your vehicle, or to return the Courtesy vehicle.
Payment may be by Bank Transfer, Cash, Credit or Debit Card. A 2% charge may be applicable if using a Credit Card. Cheques may be refused if guaranteed funds cannot be cleared. Cheques will only be accepted at the repairer's discretion.
StorageIf the vehicle or item is not collected, or arrangements are not made for its collection storage charges will accrue commencing at the end of a 24 hour collection period.
The Repairer agrees to notify the customer in writing that the work has been completed and that daily storage charges, at a rate specified within the letter, are accruing as if the repaired vehicle had been left with The Repairer for storage.
Please note that a repaired vehicle will not be released until all the outstanding amounts have been paid, these may include any excess and/or VAT, courtesy car hire and storage charges. Daily storage charges may also be incurred, from the date on which the vehicle or item was left with the Repairer, if authority to proceed with the service is, in the sole opinion of the Repairer, unreasonably delayed or unreasonably refused.
Further if the Customer, and/or the Customer's insurance company, decides to collect the vehicle or item prior to the Repairer undertaking the services, thereby preventing the Repairer from undertaking the service, then the Repairer will charge storage at its usual daily rate. In such circumstances storage will accrue from the date when the vehicle or item was left at the Repairer's premises on the understanding that the Repairer would provide their service. If the vehicle or item is to be removed without the services being undertaken by the Repairer then storage will be charged as if the original agreement was that the Repairer would provide storage for the Vehicle or item.
Please note that the Repairer will not release the Vehicle or item either to the customer, its employee, agent or insurer until all outstanding charges are paid, these charges may include Storage, Recovery, Administration and Courtesy Vehicle Hire Charges. Further, recovery and hire charges will continue to accrue while arrangements are made to move the vehicle and or return the courtesy vehicle.
LienThe Repairer has the right to hold a vehicle or item following the completion of paintwork/repairs until such time as the account is paid in full.
Uncollected GoodsThe Repairer may exercise its right as regards uncollected goods under the Torts (Interference with Goods) Act 1977, if the vehicle is not collected when the work is completed subject to the Repairer complying with the provisions of the Torts
(Interference with Goods) Act 1977.
LiabilityThe Repairer will take reasonable care of the vehicle, whist in its custody. This duty does not extend to items of personal property or business goods left in the vehicle. Customers are therefore advised to ensure that any items of personal property or business goods are removed from the vehicle prior to the commencement of repairs. Whether by agreement with, or on the instruction of the customer, the vehicle is left outside the Repairer's premises, before or after normal business hours, on an unfenced part of the premises, any risk or loss or damage howsoever occasioned will be the customer's responsibility.
Customer LiabilityThe Customer agrees to be solely responsible for payment of The Repairer's invoice, either in whole or in part, for services completed by The Repairer, if its insurance company refuses to honour the Customer's insurance policy and therefore refuses to pay The Repairer's invoice directly.
The customer is authorising The Repairer to repair the Vehicle, If the Customer intends to claim the cost of the Services from its insurer, The Repairer will, if provided with the correct details, liaise with the Customer's insurance company to facilitate the claims and payment process.
However, liability for payment to The Repairer for the Services it has provided will at all time remain with the Customer until payment is received in full. If for any reason The Customer's insurance company fails to pay The Repairer, then the Customer agrees to accept responsibility for, and to make payment without delay, to The Repairer for the services The Repairer has provided.
Print/EmbroideryTerms and ConditionsPricingAll prices quoted are in Pounds Sterling. Price may be subject to change without notice, but we will always inform you of any price change prior to processing your order. Any pricing structures seen on our website may differ if your order requires express delivery or is bespoke in any way. This is because stock or delivery issues may cause an increase in price. You will befully informed of your price before your order is confirmed.All delivery is charged to a UK address. If you have requested delivery outside of the UK please note you will have to pay extra delivery at a later stage when we know the total cost.
Payment TermsWe accept all major credit and debit cards. You can also pay by cash or bank transfer or Cheques will on be accepted at our discretion. Orders will not be processed until payment has cleared, unless you have an account with us. All card payments over £500 may be subject to a2% surcharge.
OrdersOrdering - Sizes & ColoursPlease note, we order blank clothing, garments and products from wholesale distributors, and then customise these items with printing and embroidery for our clients. All sizes and colours shown online or within the catalogues are not under our control, and we cannot be held responsible for colour variations from on screen colours to real product colours, nor can we be held responsible for sizing issues, or colour variations across differing sizes. You order the sizes and colours you require at your own risk. We highly recommend ordering samples to ensure these problems are not encountered.Once your visual proof has been approved and payment received we can start processing the order. We try to accommodate cancellations, however depending on circumstances a 15% re-stocking charge may apply or you may be liable for the full order price.
Artwork DetailsIf you have already received a copy of our artwork guidelines. You agree that you have read and understood them and that the artwork supplied is in accordance with these guidelines. If you need any help just contact us. If the artwork files are not print ready and therefore do not match our guidelines we will try to recreate the artwork free of charge or there may be a small charge. Artwork files that are not as per our guidelines may still be printe, but the quality of the print may be lower than we would like. You accept full responsibility and confirm you have either provided print ready files, discussed this with us prior to payment, or are happy to pay a small charge, and also confirm that we will not be held responsible for poor quality print finishes that are caused as a result of poor quality non print ready artwork files. You must state Specific print sizes if require failure to do so will mean we will use our expertise, or print according to size limitations. You must state Pantone Colour Specific References if they apply, failure to do so will mean we will use our expertise to best match on screen colours.
Artwork DisclaimerWe will print the artwork you supply us. When uploading or emailing us any artwork you give Marden Signs & Designs Ltd, full consent to print the artwork or designs. You confirm that the artwork is yours to use, and/or free from copyright infringement. You accept full responsibility in the event of any copyright infringement, and will fully indemnify Marden Signs & Designs Ltd, By emailing us or uploading artwork, and upon payment, you accept this artwork disclaimer in full. Use of your Artwork & VisualAs part of our service we create Visual Mock Up's of your printed or embroidered clothing to help you see how the finished products will look, for your approval prior to printing or embroidering. We may use these visual mock ups, that will include your logos and artworks, and add this content to our web sites. Unless otherwise requested you agree to our use of the artwork visual mock up's on our web sites.
It is your responsibility to check the visual proof thoroughly to ensure you are happy with the design layout and ensure there are no spelling or grammatical errors, and that colours and print sizes are accurate. We will print as close to the visual layout as we can, so please ensure you check it properly. If you do not state specific print sizes or colour references we will use our experience to complete the order and you will accept this in full. Please note that sometimes the visual display on screen of the design or garment colour may differ slightly to the finished colours on the garments.
Print Only / Embroidery Only ServiceWhere the client supplies the products/garments.We offer a Print Only / Embroider Only Service. On receipt of garments /products delivered to us you understand that no responsibility will be taken for loss or damage whether in our possession or in transit.When you are supplying products or garments for print/embroidery we will not be held responsible for any cost of garments/products which may be damaged during customization. This service is completely at your own risk. All our printing /embroidery is manual and although we try to ensure the highest quality, human error can occur! We do not charge for mis-printed garments/products and a credit note will be raised accordingly.
Returns PolicyReturns will not be accepted without prior agreement by Marden Signs & Designs Ltd.You must inform us within 12 hours of delivery by email, telephone or contact page.You must advise us what the problem is, and you must also submit photographs to evidence the problem or your complaint.In the event of returned items, the customer is liable for the cost of returning all goods.If you order samples for sizing and testing purposes, unless agreed otherwise in advance, you will be charged a 15% re-stocking charge and all the costs of delivery/return/collection if you do not wish to keep the samples.CancellationsCancellations may be subject to a charge due to the fact that we may have already ordered stock, prepared artwork or re-organised production of other jobs. Please note a minimum charge of 15% will stand. This is a restocking charge we get charged by our wholesalers. When paying for any order, you accept these terms and charges.
Complaints ProcedureWe take complaints very seriously and are very unhappy if this happens. If you wish to make a complaint or request a reprint or refund, please send an email immediately and provide us with your reference number. Full contact details and the reason for your complaint. You must please attach photos to help us understand your complaint and take the necessary action.
Consumer TransactionsNothing contained within these terms and conditions is meant, nor will affect a Consumer's Statutory Rights
JurisdictionThese Terms and Conditions shall in all respects be governed by and construed in accordance with English Law