Terms & Conditions

MaxAssist Fleet Management Ltd

These terms and conditions govern the supply of all parts and the provision of all repair, servicing, and other labour by MaxAssist Fleet Management Ltd. Your statutory rights, particularly if you are a Consumer, are not affected by these terms.

1. Definitions

1.1. “The Company” refers to MaxAssist Fleet Management Ltd.
1.2. “The Customer” refers to the person, firm, or company contracting for Goods or Services and includes any agent or employee of the Customer.
1.3. “Consumer” means a Customer who is an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.
1.4. “Goods” means all parts or other items sold or supplied by the Company.
1.5. “Services” means all labour, repair, servicing, and diagnostic work provided by the Company.
1.6. “Vehicle” means the Customer’s vehicle which is the subject of the Services.

2. The Contract

2.1. The Customer’s request to the Company to supply Goods or perform Services constitutes an offer by the Customer to enter into a contract upon these terms and conditions.2.2. Acceptance of the offer occurs, and a binding contract is formed, upon the first of the following events to take place:
2.2.1. The Company commences the provision of the Services or begins to fulfil an order for Goods;
2.2.2. The Company accepts the Customer’s signed authority to proceed with work and takes delivery of the Vehicle at its premises; or
2.2.3. The Company issues a written acknowledgement of the Order to the Customer.
2.3. The Contract is personal to the Customer and the Customer shall not assign the benefit of the Contract without the prior written consent of an authorised representative of the Company.
2.4. These terms and conditions represent the entire agreement between the Company and the Customer in relation to the specific supply of Goods or Services. Any variation must be agreed upon in writing by an authorised representative of the Company.

3. Authority and Risk

3.1. Goods or Services supplied by the order of any person in the Customer’s employment, or by any person reasonably believed by the Company to be the Customer’s agent, shall be paid for by the Customer.
3.2. Where a person who, so far as the Company isreasonably aware, has authority to uplift Goods or Vehicles does so, the Company shall have no liability to the Customer for any loss or damage resulting. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent of the Customer.
3.3. The Company and its employees and agents are expressly authorised to use the Customer’s Vehicle on the highway and elsewhere for all purposes in connection with the Services (e.g., testing).
3.4. Subject to the provisions of the Consumer Rights Act 2015 for Consumers, all Vehicles are left with the Company at the Customer’s entire risk. The Company is not liable for loss or damage unless caused by its negligence or default. The Customer is advised to remove all personal belongings from the Vehicle.

4. Estimates and Authorisation

4.1. An estimate is a considered approximation of the likely costs and is valid for 14 days, unless otherwise specified in writing. A quotation is a firm price for the work specified.
4.2. The Customer’s verbal or written instruction to proceed with the Services, following the provision of an estimate or quotation shall constitute a binding contract under these terms and conditions.
4.3. If additional work or parts are found to be necessary, the Company will seek the Customer’s authorisation before proceeding. If, for urgent operational reasons (e.g., overnight work to make a Vehicle roadworthy), the Customer cannot be reasonably contacted, the Company may proceed with such work as is reasonably necessary, provided it is acting in the Customer’s best interests. The Customer agrees to pay for such reasonable work.
4.4. Any time provided for completion of the Services is an estimate, and time is not of the essence. The Company shall not be liable for delays outside its reasonable control.
4.5. The Company may sub-contract the performance of its obligations to a third-party specialist without further notice. The Customer hereby consents to such sub-contracting. The Company shall remain responsible to the Customer for the quality of the work.

5. Payment

5.1. Payment for all Goods and Services is due upon completion of the work and prior to the collection of the Vehicle, unless the Customer has an approved credit account with the Company.
5.2. For approved credit accounts, payment is due within 30 days of the invoice date. The Company reserves the right to charge interest on overdue amounts.
5.3. If any invoice is overdue, all invoices then outstanding shall become immediately due and payable.

6. Lien and Uncollected Vehicles

6.1. The Company shall have a general lien on any Vehicle and all of its contents for all monies owed to the Company by the Customer on any account whatsoever.
6.2. If a Vehicle is not collected following notification of the completion of Services, the Company reserves the right to levy reasonable daily storage charges.
6.3. If a Vehicle remains uncollected and unpaid for three calendar months after written notice of completion has been given, the Company may sell the Vehicle. The Company will first provide 28-days’ written notice of its intention to sell. The proceeds of the sale will be used to discharge the costs of sale, storage charges, and the outstanding invoice, with any balance being returned to the Customer.

7. Goods and Parts

7.1. Title to any Goods supplied shall not pass to the Customer until the Company has received full payment in cleared funds.
7.2. All parts removed from the Vehicle during the course of the Services shall be deemed abandoned to the Company unless the Customer requests their return in writing prior to the commencement of work. Abandoned parts will be disposed of as the Company sees fit.
7.3. The return of correctly supplied Goods is at the Company’s discretion and may be subject to a handling charge. Special order parts are not eligible for return.

8. Warranties and Liability

8.1. The Company warrants its workmanship to be free of defects for a period of 12 months from the date of completion. This is in addition to any applicable manufacturer’s warranty for parts fitted.
8.2. Where the Customer supplies their own parts for fitting:
8.2.1. The Company provides no warranty whatsoever for the part itself or for any defect or damage arising from its use.
8.2.2. The workmanship warranty in clause 6.1 is void in respect of the fitting of that part and any related components.
8.3. All warranties are void if a defect is caused or worsened by misuse of the vehicle, alteration, accident, or failure to adhere to recommended maintenance.
8.4. Nothing in these terms shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, or for fraud.
8.5. The Company shall not be liable for any loss of profit, loss of business, or any indirect or consequential loss arising from the contract. Subject to clause 8.4, the Company’s maximum liability shall be limited to the value of the invoice for the Goods or Services provided.

9. Distance and Off-Premises Contracts (Consumers-Goods Only)

9.1. This clause applies if you are a Consumer and the contract for Goods (e.g., parts) is concluded either without any face-to-face contact (“Distance Contract”) or away from the Company’s business premises (“Off-Premises Contract”).
9.2. You have the right to cancel this contract for Goods within 14 days of taking physical possession of the Goods without giving any reason.
9.3. This right to cancel does not apply to:
9.3.1. Services which have been fully performed with your express consent.
9.3.2. Goods made to your specification or clearly personalised.
9.3.3. Goods which become inseparably mixed with other items after delivery.
9.4. To exercise the right to cancel, you must inform the Company via a clear written statement (e.g., a letter or email) before the cancellation period has expired.For convenience, a model cancelation notice is provided at the end of these terms and conditions.
9.5. You must return the Goods to the Company, at your own cost, without undue delay. The Company will reimburse all payments received for the Goods, but may make a deduction for any diminished value resulting from handling.

10. Impress Stock

10.1. Where the Company supplies Goods to the Customer as impress (consignment) stock, title to such Goods shall remain with the Company until the Customer (a) uses the Goods in a repair or service, or (b) otherwise sells or disposes of them.
10.2. Upon use or sale, the Goods will be invoiced to the Customer, which shall be payable in accordance with clause 5.
10.3. The Customer shall: (i) hold the impress stock as the Company’s bailee, (ii) store it separately from the Customer’s own goods, (iii) keep it fully insured, and (iv) grant the Company access to its premises upon reasonable notice to audit or retrieve the stock.

11. Data Protection

11.1. The Company will process the Customer’s personal data in accordance with all applicable data protection laws, including the UK General Data Protection Regulation and the Data Protection Act 2018.
11.2. The Company will use the personal data provided by the Customer to fulfil its contractual obligations, which includes providing the Services, processing payments, maintaining service records, and contacting the Customer regarding safety recalls or service reminders.
11.3. For these purposes, the Company may share personal data with the vehicle manufacturer for warranty and recall purposes.
11.4. For full details on how the Company uses personal data, the Customer’s rights in relation to their data, and how to opt-out of marketing communications, the Customer should consult the Company’s Privacy Policy, which is available on our website at www.maxassist.co.uk or upon request.

12. General

2.1. The Customer authorises the Company and its agents to drive the Vehicle on the public highway for testing purposes.
12.2. The Company is not liable for loss of or damage to any personal belongings left in the Vehicle. All vehicles are left with the Company at the Customer’s own risk, save for damage caused by the Company’s negligence.
12.3. This contract is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts

(Attachment: Model Cancellation Form for Distance and Off-Premises Sales)
To: MaxAssist Fleet Management Ltd
[Insert Address and Email]
[I/We] hereby give notice that [I/We] cancel [my/our] contract of sale of the following goods:
Description:
Order Number:
Ordered on [ ] and received on [ ]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date: