See below our terms of service for our premises.
The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts provision of the Works. The Company (at their sole discretion) shall only provide the Works after written confirmation from the Customer confirming their request thereof. These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
The Company is committed to ensuring that the Customer privacy is protected. Should we ask the Customer to provide certain information by which they can be identified, then they can be assured that it will only be used in accordance with this privacy statement. The following types of information about the Customer that will be required is, information such as first name, last name, contact information including email address, vehicle information such as make, model, colour, vehicle identification number (VIN), KMS, Plate. We require this information to understand the Customer needs and provide the Customer vehicle with the correct parts and products and a better service, and for the other following reasons: Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information which we think the Customer may find interesting using the email address provided. The Company is committed to ensuring that the Customer information is secure. In order to prevent unauthorised access or disclosure, the Company have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. The Company will not sell or share the Customer information to third parties outside the Company.
At the Company’s sole discretion the Price shall be either: as indicated on any invoice provided by the Company to the Customer; or the Company’s estimated Price which shall not be deemed binding upon the Company as the actual Pricecan only be determined upon completion of the Works. The Company undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate; or the Company’s quoted Price which shall be binding upon the Company provided that the Customer shall accept the Company’s quotation in writing within thirty (30) days of issue; and unless specifically stated otherwise in writing by the Company, any freight charges or other costs to suppliers for Parts shall not be included in the Price. Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Company, which may be: on collection of the Parts or vehicle, the date specified on any invoice or other form as being the date for payment. For settlement of this invoice we are able to accept payment in cash, by credit card or bank transfer only. All parts replaced and billed under this invoice will be available for collection at the time of settling this invoice and collecting the vehicle. The Company does not store replaced parts after invoicing is completed and will accept no liability for the parts after this time. The Customer acknowledges and agrees that the Company shall be entitled to: retain any components replaced during the provision of the Works; should the Customer leave the parts with the Company and the Company has the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.
The Company reserves the right to change the Price: if a variation to the Works which are to be provided is requested; or where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Works; or in the event of increases to the Company in the cost of labour or Parts which are beyond the Company’s control. Where the Company is requested to store the Customer’s Parts or vehicle, or where Parts or vehicles are not collected within twenty-four (24) hours of advice to the Customer that they are ready for collection, then the Company (at its sole discretion) may charge the Customer a reasonable fee for storage. If the Company has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
Where the Company is to provide any Works at the Customer’s nominated address, then the Customer shall be liable for all costs incurred by the Company from the time they depart from, and until they return to, their normal place of work (including, but not limited to, mileage and time calculated at the Company’s standard labour rate and any Parts purchased for the Works). The Company may provide the Works in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept provision of the Works even if late, and the Company will not be liable for any loss or damage incurred by the Customer as a result of this.
The Customer acknowledges that the Company is only responsible for Parts that are replaced by the Company and that in the event that other components subsequently fail, the Customer agrees to indemnify the Company against any loss or damage to the vehicle, Parts, or caused by the components, or any part thereof howsoever arising. The Company shall not be liable for the loss of or damage to the vehicle, its accessories or contents while being serviced or being driven in connection with the authorised Works, unless caused by the negligence of the Company or the Company’s employees. It is the Customer’s responsibility to ensure that the vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at the Company’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk. All parts and labour undertaken as part of this invoice are warranted for a period of six months from the date of invoice. Please note that all tuning and modification works are done for motorsport use only and may not conform to regulations for road use. The Company therefore will accept no responsibility or liability for the use of tuning products, intended for track use only, on the public highway.
The Customer acknowledges and agrees that the Customer’s obligations to the Company for the provision of Works shall not cease, and subsequent ownership of the Parts shall not pass, until: the Customer has paid the Company all amounts owing for the Works; and the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer. It is further agreed that: until ownership of the Works passes to the Customer, the Customer is only a bailee of the Parts and must return the Parts to the Company on request.
Where the Customer has left any item with the Company for repair, modification, exchange or for the Company to perform any other service in relation to the item and the Company has not received or been tendered the whole of any moneys owing to it by the Customer, the Company shall have, until all moneys owing to the Company are paid: a lien on the item; and the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods. The lien of the Company shall continue despite the commencement of proceedings, or judgment for any moneys owing to the Company having been obtained against the Customer.
The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of the United Arab Emirates, in which the Company has its principal place of business, and are subject to the jurisdiction of the UAE Court in Dubai.
The Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Price). The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, and: the Company does not warrant the accuracy or quality of the sub-contractor’s work or warrant that any recommendations of the sub-contractor are appropriate or adequate or are fit for their purpose or that they are not given negligently; and the Customer shall not make any demand on the Company or commence any legal proceedings against the Company, and the Company shall have no liability, whether in negligence or otherwise, to the Customer in relation to any work performed by the sub-contractor.
The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to provide Works to the Customer. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
Company means Werks MSC Auto General Repairing LLC, its trading entities, successors or any person acting on behalf of and with the authority of Werks MSC Auto General Repairing LLC.
Customer means the person/s purchasing the Works as specified in any invoice and if there is more than one Customer is a reference to each Customer jointly and severally.
Works means all Works provided by the Company to the Customer at the Customer’s request from time to time (and where the context so permits shall include any supply of Parts as hereinafter defined).
Parts shall mean Parts supplied by the Company to the Customer either separately, or as part of the Works (and where the context so permits shall include the provision of Works as defined above).
Price means the Price payable in AED for the Works as agreed between the Company and the Customer.