Terms & Conditions For Reactive Welding​

 

 1. DEFINITIONS

(i) Customer means the customer described on the front of this Agreement; (ii)

The Company means the Trevor Flock T/A Reactive Welding company whose name is printed on the front of this Agreement; (iii) Goods means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with Work to be done by the Company; and (iv) Work means any work to be done by the Company whether by way of repairs, servicing, fitting or otherwise.

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2. ESTIMATES
2.1 An estimate is a considered approximation of the likely cost involved as an amount or at our hourly rate. All estimates are valid for 30 days from the date show on the estimate by the Company to the Customer via an email or our estimate form

2.2 Prices of Goods and Work are based on prices current at the time of preparation of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the Goods/ completing the Work.

2.3 Unless otherwise agreed in writing if it appears during progress of any Work that the estimate will be exceeded by a significant amount the Company will not continue the Work without further express permission from the Customer. Such permission may be given in writing and signed by the Customer and the Company, orally - so long as the permission is thereon recorded in writing on the face of this Agreement or on the workshop instruction form which shall form part of this Agreement and initialled by the Company; or on the computerised data system of the Company.

2.4 The Customer acknowledges that motor vehicles are complex pieces of machinery, that to repair defects it is appropriate to try the least complex solution first and that further chargeable work may be necessary if the Work does not cure the fault.

2.5 Due to the comprehensive nature of our welding process. It is important that this is understood and accepted. If you have any questions, please don’t hesitate to ask. We can ‘informally’ let you know how much we feel that the total cost ‘may’ come to, however it is hard to ascertain an accurate figure as often there can be unforeseen hidden areas within the vehicle that we cannot account for on initial inspection.

2.6 In the event of a customer initiated “hold” on work, a €150.00 per month or pro-rota per week storage fee will be charged until authorisation of works to be continued.

2.8 The Company reserves the right to request a deposit of 33% against anticipated charges before agreeing to proceed with any Work

2.9 All prices are exclusive of any applicable Value Added Tax which is shown separately

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3. QUALITY OF WORK AND DELIVERY

3.1 Reactive Welding nor its suppliers can be held responsible for any damage or dissatisfactory results caused or achieved in the process of carrying out works other than loss of goods or damage by negligence to item(s). All procedures and processes applied to item(s) are done so solely at customers own risk no responsibility will be taken by way of damages to items through the finishing process.

3.2 Reactive Welding makes no claims nor warranties as to the results or quality of any estimated finish or achieved result. Reactive Welding will at its own discretion offer to re-apply works if it believes the achieved result is substandard or below the standard that it deems acceptable based on a number of factors such as the shape, quality of metal, composition of metal, corrosion, purity of metal, thickness of metal, age and condition of metal for any given item(s). Dissatisfactory results or damages must be drawn to the attention of Reactive Welding on delivery.

3.3 Any dispute arising from such issues must be made to the company and in writing by post or email at its trading address within 7 days of invoice date. No responsibility for damage or quality of finishing will be granted unless Reactive Welding has made a declaration of receipt of such notice in writing. All areas of corrosion will not be removed unless it makes part of the works job sheet signed by the customer before works commencing and no responsibility will be taken by Reactive Welding to remove such areas.

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4. REPLACEMENT PARTS

4.1 The Company reserves the right to repair or to fit reconditioned units and/or parts where these are supplied by the manufacturer.

 

5. AUTHORITY TO DRIVE VEHICLE

5.1 The Company reserves the right to undertake reasonable mileage to road test any vehicle in its possession which it deems necessary for the purpose of diagnosis, repair and testing.

 

6. UNCOMPLETED WORK

6.1 If for any reason Work requested by the Customer is not carried out in full the Company will charge a reasonable amount for any Work actually carried out and the current price of any Goods supplied or fitted.

6.2 If any work not requested by the customer and is additional to the estimate will charge at our normal hourly rate, any site visits will be charge from the moment we leave the workshop until we return.

 

7. VARIATIONS

7.1 Variations in the Work to be done or the Goods to be supplied may be made in writing and signed by the Customer and the Company, or orally - so long as the variation is thereon recorded: in writing on the face of this Agreement or on the workshop instruction form which shall form part of this Agreement and initialled by the Company, or on the computerised data system of the Company.

 

8. TIME

8.1 The Company will use its best efforts to do Work or supply Goods within any time period notified to the Customer. However, time shall not be of the essence.

8.2 Given the nature and possible longevity of repair and restoration projects, detailed information about work carried out and parts fitted (including photographs where appropriate) is gathered during the course or the works

 

9. CANCELLATION

9.1 No order which has been accepted by the Company may be cancelled by the Customer except with the written agreement of the Company

9.2 The company reserve the right to stop or cancel any welding works

 

10. COMPLETION OF WORK AND PAYMENT

10.1 All Goods, Services & Works  must be check and signed and any issues recorded.  Invoice or outstanding balance must be paid for in cash, BACS or credit/debit card before collection or delivery. All payments are subject t6o VAT at 13.5 %

10.2 The Company does not except cheques unless prior agreement

10.3 If the Goods are to be collected then the Customer must collect them within 7 days of receiving notification that the Goods are available for collection. A failure to collect within the prescribed period may be treated as a repudiatory breach of this Agreement.

10.4 Work shall be deemed complete when the Customer is so advised by the Company. The Customer will pay the Company in cash or credit/debit card for all Work done and Goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises. The Customer acknowledges the Company shall have a lien upon any vehicle or vehicles in the possession of the Company for both the price of Work done and storage costs and whether any debt owed by the Customer to the Company relates to that particular vehicle or not.

10.5 If a vehicle is not collected by the Customer within 14 days of the Customer being advised that Work is complete the Company will charge for storage of the vehicle at the rate of €25 plus VAT per day. If the Customer shall fail to pay monies due to the Company and collect the vehicle within 14 days of being notified that the Work has been completed and of the Company's intention to proceed to sell it, the Company may sell the vehicle and the Customer agrees that upon such sale title in the vehicle shall be transferred to the purchaser upon any such sale the Company shall pay the balance of the proceeds of sale to the Customer after deducting all monies due to the Company and all costs of sale. 109.6 Interest at the rate of 4% per annum will accrue on all overdue payments from the due date until payment.

 

11. INSURANCE & DAMAGE

11.1 We carry insurance under a full motor trade policy. This covers loss or damage to your vehicle resulting from our negligence only. All other risks must be covered by your existing policy, which you should keep in force throughout the period your vehicle is with us, to the value agreed with your insurer. If your vehicle suffers loss or damage whilst in our custody or under our control, our liability shall be limited to the proceeds of our insurance cover in that regards.

11.2 Any vehicle left within the parking area of the Company is at the owners risk and will be covered by the Customers existing policy

 

12. RETENTION OF TITLE AND RISK

12.1 Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer,

12.2 Goods shall remain the property of the Company until the Customer has paid the full price for the Goods and together with all storage charges and interest that may be due to the Company under this Agreement.

12.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee.

12.4 Company in full against any breach of the provisions of this clause.

 

13. LOSS, DAMAGES, LIABILITY

13.1 Subject as expressly provided in this Agreement, and except where the Customer is a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

13.2 Vehicles and their accessories and contents are left at the Customer's risk and responsibility and the Company is only responsible for loss or damage thereof or thereto caused by the negligence of the Company or its employees. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely upon his own insurance

13.3 Vehicle that require removal of the interior and exterior, is done at the customers own risk and no responsibility by the Company, all interior and exterior removed will be at our hourly rate, any additional screws, clips and securing bolts damaged when removing will be replaced at an additional charge.

13.4 So far as is permitted by statute and except in the case of death or personal injury caused by the negligence of the Company, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement: for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the Goods or the provision of Works, or their use or re-sale by the Customer.

13.5 The Company nor its suppliers can be held responsible for any damage or dissatisfactory results caused or achieved in the process of carrying out works other than loss of goods or damage by negligence to item(s). All procedures and processes applied to item(s) are done so solely at customers own risk no responsibility will be taken by way of damages to items through the finishing process.

13.6 The Company makes no claims nor warranties as to the results or quality of any estimated finish or achieved result. The Company will at its own discretion offer to re-apply works if it believes the achieved result is substandard or below the standard that it deems acceptable based on a number of factors such as the shape, quality of metal, composition of metal, corrosion, purity of metal, thickness of metal, age and condition of metal for any given item(s). Dissatisfactory results or damages must be drawn to the attention of  The Company on delivery.

13.7 Any dispute arising from such issues must be made to the company and in writing by post or email at its trading address within 7 days of invoice date. No responsibility for damage or quality of finishing will be granted unless The Company  has made a declaration of receipt of such notice in writing. All areas of corrosion will not be removed unless it makes part of the works job sheet signed by the customer before works commencing and no responsibility will be taken by The Company  to remove such areas.

13.8 The Company cannot be held responsible for any damage, All vehicles are left at the customer’s own risk. The customer must ensure that appropriate insurance is in place at all times while repair/restoration work is undertaken as only limited cover is in place for customers’ vehicles and NO liability will be accepted for any loss or damage to customers’ vehicles, however caused while at the company's premises.

 

14. REPLACED PARTS

14..1 All parts replaced during any Work done, except those that have to be returned under warranty or service exchange arrangements, will be retained by the Company for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.

 

15. SUB CONTRACTING

15.1 The Company shall be entitled to carry out its obligations under this Agreement by sub-contractors but shall be responsible for the quality of their work.

 

16. WARRANTY

16.1 The Company undertakes that it will use its best endeavours to obtain for the Customer the benefit of any warranty or guarantee given by the manufacturer or importer in respect of the Goods. The Company warrants its Work free of defects in workmanship for a period of 3 months from the date of completion of the Work. No warranty is implied nor given on original parts not replaced with new replacement items on works.

16.2 If the Work requires painting from outside Painters then if the metal to be painted is rusted treated every reasonable precaution will be taken to prevent rust penetrating the treatment after completion of the Work but no warranty can be given in this respect due to painters preparation.

16.3 The warranty in 16.1 above is in addition to any other remedies the Customer may have under the Agreement but where applicable does not extend to cover defects arising from: (i) use of the vehicle otherwise than for private or commercial use of the owner or other users with his permission; (ii) failure to have the vehicle serviced in accordance with the manufacturer's recommendations; and (iii) damaged in a subsequent accident, howsoever caused.

 

17 FORCE MAJEURE

17.1 Any failure by the Company to perform any of its obligations under this Agreement by reason of the performance of any clause being beyond the control of the Company shall be deemed not to be a breach of this Agreement

 

18 NOTICES

18.1 All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of post to the Customer address shown overleaf or immediately upon delivery by hand.

 

19. WHOLE AGREEMENT

19.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

19.2 Each party acknowledges that in entering into this Agreement; it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement,

 

20. SEVERANCE

20.1 If any term or provision of this Agreement shall be held illegal or unenforceable it will to that extent be deemed to be omitted from the Agreement and the validity or enforceability of the remainder of this Agreement shall not be affected.

 

21. THIRD PARTY RIGHTS

21.1 Nothing in this Agreement shall confer any rights upon any person who is not a party to this Agreement unless expressly provided.

 

22. PROPER LAW AND JURISDICTION

22.1 This Agreement shall be governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the Irish Courts.

 

23 . INTELLECTUAL PROPERTY

23.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material on the web site, the web site design, structure and graphics and all software and source codes connected with the web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material contained within the web site is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from the web site for the sole purpose of you evaluating whether to and/or placing an order with us. Any other use of the material within the web site is strictly prohibited.

All content included on this web site (including, without limitation, our trade marks, logos, graphics, text, photos, designs, logos, icons, images, data and software) is our property, or belongs to our affiliates and/or licensors, and as such is protected by international and Irish copyright and other intellectual property laws.

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NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.

Trevor Flock (Trading As Reactive Welding) Unit E2 Bluebell Business Centre, Old Naas Road, Dublin 12

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