Upon commissioning Mobile Porsche Specialist Ltd (Mobile Porsche Specialist) to carry out work the Customer will be deemed to have accepted these terms and conditions in full.
Mobile Porsche Specialist will carry out the repairs and work (the work) in respect of the motor vehicle (goods).
The Customer will pay Mobile Porsche Specialist the charges due in respect of the work and the parts and the materials supplied by Mobile Porsche Specialist under this agreement. Unless otherwise agreed by Mobile Porsche Specialist in writing, the Customer will pay the full amount due on the earlier of completion of the work or collection of the motor vehicle. Diagnostic reports will not be released until the diagnostic fee is paid.
Mobile Porsche Specialist is entitled to increase the charges paid by the Customer for any product or service provided under this agreement to include any value added tax payable by Mobile Porsche Specialist in respect of the supply of that product or service.
Payment is due in full on completion of the work. If any amount payable by the owner is not paid by the due date
Interest on that amount at the rate of 8% over Basic Rate will be payable pursuant to the Late Payment of Commercial Debts (Interest Act) 1998, as amended
Compensation will be payable for each invoice late paid pursuant to the Late Payment of Commercial Debts Regulations 2002, as amended.
Debt recovery costs for our debt recovery company will be payable pursuant to the Late Payment of Commercial Debts Regulations 2013.
The Customer warrants that it is entitled to grant a lien, and hereby grants a general lien over the motor vehicle (including all its equipment accessories and contents) to secure the due payment of all charges claimed by Mobile Porsche Specialist from the Customer, whether arising under this Agreement or otherwise, including but not limited to, storage charges, interest charges and any additional charges under clause 10.
If Mobile Porsche Specialist exercises any lien or the customer fails to take delivery of the motor vehicle then, without prejudice to any other right or remedy available to Mobile Porsche Specialist, Mobile Porsche Specialist may:
Store the motor vehicle until actual delivery and charge the customer for the cost (including insurance) of storage at a rate of £10 plus VAT per day (or part thereof); or
Sell the motor vehicle at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the customer for the excess, or charge the customer for any shortfall below the price agreed; or
Return the motor vehicle to the customer and charge the customer for any costs incurred as a result of such return.
The Customer is personally liable for all amounts payable under this agreement, regardless of any insurance or other contractual arrangement it may have.
The Customer warrants that, unless the motor vehicle is being repaired in the Mobile Porsche Specialist workshop, a working space will be provided which is not on a public road. If the technician arrives to find that there is not such space, the Customer will be liable to pay a £100 cancellation fee.
Unless otherwise agreed, Mobile Porsche Specialist will complete the work in a reasonable time. If an estimated or specific time for completion is given by Mobile Porsche Specialist, it will not be liable for circumstances beyond its control.
The Customer authorises Mobile Porsche Specialist to order on its behalf any parts or material necessary to carry out the work. Unless otherwise agreed in writing, the Customer must pay to Mobile Porsche Specialist the full cost of obtaining any such parts and materials (including any costs arising from currency fluctuations between the dates the parts and materials were ordered and paid for) even if the work is subsequently cancelled by the Customer.
The employee or agents of Mobile Porsche Specialist may test drive or carry out tests of the motor vehicle at Mobile Porsche Specialist discretion, and may, if requested by the owner, collect or re-deliver it where nominated by the Customer and Mobile Porsche Specialist will not be liable to the Customer for any damage which occurs to or is caused by the motor vehicle during such driving or testing, unless it arises from the negligence of Mobile Porsche Specialist or its employee or agents.
Mobile Porsche Specialist will not, without the Customer’s prior authorisation, carry out any work or supply any materials, which are not included or referred to in the work. However, the Customer may, in writing orally or by an agent authorise additional work to be performed or materials to be supplied. If additional work or materials are duly authorised, the Customer will be liable to pay for the additional work or materials the amount which is agreed at the time or authorisation or, failing such agreement, a reasonable sum.
Mobile Porsche Specialist’s liability in respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair by Mobile Porsche Specialist (at Mobile Porsche Specialist discretion) of defective parts free of charge. Mobile Porsche Specialist will not pay a third party to carry out warranty work.
Mobile Porsche Specialist will not be liable in any way for losses or claims arising directly or indirectly from the performance of its obligations relating to repairs, inspections or any other work carried out under this Agreement.
Where the customer provides their own parts and they have not provided the correct parts to compete the work, the Customer agrees to be liable for the time spent by Mobile Porsche Specialist in sourcing the necessary parts to complete the job our the standard Mobile Porsche Specialist hourly rate for labour
Where the customer provides their own diagnosis, and this is incorrect, the Customer agrees to be liable for any wasted time spent by Mobile Porsche Specialist or time spent sourcing the necessary parts to complete the job at our the standard Mobile Porsche Specialist hourly rate for labour
The Customer is liable for any impact on current or future warranties on their car caused by work carried out by Mobile Porsche Specialist, including, for the avoidance of doubt, any loss of cover from such warranty.
All parts claimed by the Customer to be defective must be returned at the Customer’s expense in order to establish the alleged defect before any replacement or repair must be undertaken.
This Agreement is governed by the law of England & Wales.
In this Agreement, where the context allows, references to a gender include the other genders, references to person include corporations and the singular includes the plural.