Terms of Business with Premier Windscreens Edinburgh
Terms of Business for vehicle glass repair and replacement services – our contract with you
1. You are dealing David Conquer T/A Premier Windscreens Edinburgh. By asking Premier Windscreens Edinburgh to carry out vehicle glass repair and replacement work on your vehicle you agree that our work shall be governed by the following terms. Our contract with you is formed at the time of you making your appointment with us, be it via telephone call, email, facebook messenger or whatsapp or in person. If our work is the subject of a claim on an insurance policy and you (the person making the booking with us) are not the policyholder for the vehicle that is the subject of the claim, you promise that your dealings with us are made with the authority of the policyholder. If we have not been appointed as agent of the insurer to handle a claim under a policy issued by that insurer and our work includes assisting you in a making a claim under a policy issued by that insurer, you appoint us as your agent to assist in the administration and performance of your insurance policy. The signature (made by you or your representative) that we receive at the time of the appointment confirms our appointment as agent of the policyholder on that basis.
2. Where relevant and available to us, we check the latest information submitted to us by insurers to confirm that our work may be paid for under your insurance policy. Where practicable, Premier Windscreens Edinburgh will contact your insurer directly to verify the nature and scope of your insurance cover. You acknowledge that Premier Windscreens Edinburgh is not responsible for the extent of your policy cover or its conditions (such as excess payable).
3. In the course of repair, glass may crack beyond repair through no fault of our technician. You acknowledge that risk. If that happens, we will ask if you would like us to replace the glass. If you wish to proceed with replacement, you agree that paragraph 4 below shall apply to that service. We will take into account any excess you may have already paid to us.
4. Payments up front and in part. You agree to be responsible for the full cost of our glass repair and replacement work on your vehicle. In making arrangements to deliver our service to you, we incur business costs. You agree that we can immediately charge (i) for or in respect of these arrangements or costs and/or (ii) an upfront part payment in respect of our glass service.
If you are making an insurance claim in respect of our service, we are entitled, immediately upon any cost or charge as aforesaid being incurred or made, (i) to obtain any excess, or other portion of the insurance claim which your insurance policy obliges you to pay or fund for or from your own account, from you and (ii) to apply such excess or portion against any such cost or charge.
Assignment: If you are making an insurance claim in respect of our service, you agree that, with immediate effect from the time we begin work on your vehicle, (i) you have assigned to us your right to collect the claim proceeds, and (ii) you shall take any steps necessary or reasonably beneficial, including signing any further document, to prove or otherwise give all practical or legal effect to such assignment.
5. If the policyholder is registered for VAT, the policyholder agrees to pay VAT on our service. When you booked your appointment, you may have paid VAT calculated on the cost of the materials we usually use for a vehicle like yours. If our work on your vehicle requires us to use materials (such as a trim or clip) that we did not expect to use for the job, the price we charge and the VAT due from you may change. In that case, you agree to pay all additional costs and VAT due to us and we agree to refund our costs and VAT to the extent the amount you should have paid reduces.
6. The visibility of a repair to glass depends on the nature of the damage at the time of repair. If you are not happy with the look of our repair, we can replace your windscreen if you pay the required amount.
7. A photographic record of visible damage existing on your vehicle will be made by our technician before starting work on your vehicle. We exclude all liability for repair of damage, whether visible or not, existing before we began to work on your vehicle.
8. We will perform our service to the best of our ability at a time and location to be agreed between us. We reserve the right to change our appointment time with you for any reason. We will notify you in advance of any change to the agreed appointment time. If you have a complaint about our service, please call 0131 555 3101 or write to Customer Services c/o Premier Windscreens Edinburgh at the address shown at the bottom of this page or email us using the following address firstname.lastname@example.org . If we damage your vehicle, we can arrange its repair at no cost to you. If without our prior written approval to proceed with any repair, you organise a repair yourself, we do not guarantee to pay the costs you incur. Our approval for you to organise a repair of your vehicle at our expense will be conditional upon you sending us a minimum of two written estimates prepared by independent repairers in advance of commencement of the work. We reserve our right to require additional estimates where for any reason we believe the estimated costs are not reasonable.
9. Key limitations to our work: (1) We are unable to install a replacement windscreen on corroded metal. If we find your vehicle to be corroded, we will stop work and explain your options; and (2) Certain vehicles now have Advanced Driver Assistance Systems (ADAS) cameras mounted on their windscreen. Vehicle manufacturers specify that certain of those ADAS cameras require recalibration following replacement of the vehicle’s windscreen. Premier Windscreens Edinburgh is not able to provide that service for some vehicle types. Where we are not able to effect calibration following completion of a windscreen replacement, you may arrange for your vehicle’s camera to be recalibrated at your own cost by an alternative supplier, which may include the vehicle’s dealership network. For telephone bookings: Where recalibration is recommended for your vehicle’s ADAS camera, before making your booking with us, we will advise you of that fact and ask whether you would like us to calibrate your ADAS camera. For online bookings: Where recalibration is recommended for your vehicle’s ADAS camera, conclusion of your online session amounts to submission of a booking request that remains to be confirmed by us via telephone. During that call, we will explain the options available for the required calibration and ask whether you would like us to calibrate your vehicle’s ADAS camera. We will calibrate it ourselves where we can and otherwise refer you to a third party. We may require you to drive your vehicle to us in order that we may undertake the required calibration work. Where we do not offer calibration for your vehicle’s ADAS camera, we will check that you wish for us to proceed with the replacement of your vehicle’s windscreen.
10. Our liability to you: we intend that our liability to you should be limited to putting you in the position you would have been in had we not damaged your vehicle, after taking account of your legal duty to minimise the loss. You acknowledge that the cost to us of repairing your vehicle in the event that we damage it is likely to exceed the amount we are paid for our service and may exceed the market value of your vehicle as at the time you presented it to us for repair. Accordingly, you agree that our total liability to you in aggregate both for any service failure or vehicle damage is limited to: (A) the lesser of (i) and (ii), as set out below: (i) the total estimated or actual cost (as the case may be) of repairing any damage we have caused to your vehicle; and (ii) as at the time the vehicle was presented to us for repair, its standard market price (where “market price” means such value as shall be determined by Premier Windscreens Edinburgh, acting reasonably, with reference to Glass’s Guide or any comparable guide and/or the opinion of an independent vehicle damage assessor); plus (B) for any period where your own car will be unavailable to you, at our choice (acting reasonably), the cost we incur to provide you with alternative means of transport or a replacement vehicle of our choice (acting reasonably); plus (C) such amount as may be adjudicated as pertaining to unique and/or exceptional circumstances. Except as stated above, you agree that, unless you brought your circumstances to our attention in advance and we wrote to you to confirm otherwise before we began our work, you and Premier Windscreens Edinburgh do not intend that Premier Windscreens Edinburgh reimburse or compensate you for: your time; any loss of income; any loss of use of your vehicle; any costs or expenses incurred from loss of use of your vehicle; any loss of business or profits; any pure economic loss; any indirect or consequential loss suffered by you as a result of our work; any other loss not contemplated within sub-paragraphs (A), (B) and/or (C) of this paragraph 10.
11. Dealerships & accident management companies: If you allow a dealership or an accident management company to manage the repair process in relation to your vehicle, you are likely to incur costs in excess of those we would incur if you allow us to manage the repair on your behalf. A dealership or accident management company is likely to offer to provide you with a replacement vehicle. The costs of that vehicle is likely to be very high (thousands of pounds) – much higher than the cost to us of organising a rental on your behalf. We will not pay for the costs of any vehicle supplied to you unless we have arranged the rental directly on your behalf. Please be aware the costs to the dealership and accident management company will be your personal liability and you may be at significant financial risk if you choose to use their services.
12. Nothing shall limit our liability for fraud or death or personal injury caused by our negligence. Your statutory rights are not affected.
13. Where payment for our work on your vehicle will be made using a trade or company account, our trade/company terms will apply to our work in priority to the terms written above.
14. You authorise us to remove your damaged vehicle glass as waste (European Waste Catalogue 16-01-20) to an authorised site for appropriate treatment (recycling).
15. Premier Windscreens Edinburgh are not FCA registered
17. At Premier Windscreens Edinburgh, we are committed to reducing fraud made using credit
cards. We reserve our right not to accept payment from you by debit or credit card where we suspect that by doing so a fraud may be perpetrated against us or the registered card holder.
18. Our terms of business and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims of any kind arising directly or indirectly) shall be governed by and construed in accordance with the laws of Scotland.
19. The courts of Scotland will have exclusive jurisdiction over any claim arising from, or related to, our goods and services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
20. Any booking that you make with us by phone or online are bound by these terms:
a. Premier Windscreens Edinburgh registered office and head office location is 155-157 Constitution Street, Leith, Edinburgh EH6 7AD. Telephone number 0131 555 3101. You can contact us using the following link: email@example.com
b. Premier Windscreens Edinburgh supplies vehicle glass repair and replacement services and ADAS Calibration and vehicle diagnostic services.
c. If you are insured, normally you only need to pay us an excess, if applicable. If you wish to pay in full for our work yourself, we will provide you with a quote for our work including VAT. If you intend that your insurer pay us the balance above the excess for our work and you are VAT registered, we are instructed by your insurer to ask you to pay the applicable VAT on our charges. When we accept your booking and, where required, quote the price of our service, we make assumptions as to what parts your vehicle will require. If those assumptions prove to be incorrect, our costs of service and therefore our price will change to take account of the parts we require for our work. For example, we may have to replace a vehicle glass trim that usually we do not have to replace for a vehicle like yours. We reserve our right to adjust our price and, where applicable, the amount of VAT we charge you according to the goods we supply to you in the course of providing our service to you.
d. Where you make a claim under your insurance and we have received the relevant information from your insurer, we will advise you of the excess we believe you are required to pay and will claim the balance of our fee from your insurer.
e. Where we have been unable to validate your policy details in advance of providing our services to you, we shall rely on the information that you provided to us. We reserve all our rights to recover payment for our services in all circumstances including without limitation where information you have provided to us was incorrect regardless of whether you are at fault.
f. We make no additional charge for delivery of the products that we will use in the course of providing our service. We accept payment using Cash, Visa, MasterCard, Visa Electron or Maestro. We do not accept PayPal or personal cheques.
Payment by business/company cheque is available for trade account holders only.
g. We will provide our service to you by appointment at a location agreed between us.
h. Our contract with you is for the supply of vehicle glass repair and replacement services. Normally, under the Regulations, if you are a consumer, you will have a right to cancel our contract for 14 working days counting from the day after our contract with you was formed. When we are given the keys to your vehicle, we shall understand that to be your express consent to begin our work on your vehicle. Usually, that means we will have begun our work before the end of the usual cancellation period. Your cancellation rights under the Regulations will end when that work starts. You may cancel your appointment and receive a full refund of any monies that you have paid to us at any time before we commence repair or replacement work on your vehicle. To cancel our service, please call us, contact us via our website or tell our technician before he starts work on your vehicle. We do not require you to complete any special form to cancel your appointment. We recommend that the easiest way to cancel your appointment is to
Please note that you may not cancel your appointment after we have commenced our work on your vehicle and we reserve all rights to recover payment for our service in circumstances where you attempt to cancel your appointment or require us to cease work on your vehicle after our work has commenced.
i. The validity of any price we offer you for our services is limited to the duration of the call during which the offer was made. Accordingly, we may refuse to honour a price offered to you where you do not agree to purchase the relevant service during the continuation of the call in which the offer was first communicated to you.
j. Where we have taken any payment from you in the course of you making an appointment with us, we shall hold that payment to your order until the moment we begin our work on your vehicle. With effect from commencement of our work on your vehicle, we reserve our right to retain for our account any payment you have made to us.
k. The only language offered by us for any contract is English.
Date of issue: 25/09/2020
Premier Windscreens Edinburgh 155-157 Constitution Street, Leith, Edinburgh EH6 7AD.
Telephone number 0131 555 3101