Disclaimer
This is the small print. The nitty gritty. The blurb. The contract. We got a top lawyer, one just like Harvey Specter (well, not actually that much like Harvey at all), to draft these for us. We have tried to make the following terms and conditions as straightforward as possible. Still, you should ask our friendly on-site Performance Automotive Supervisor if you don't understand anything, and they will explain it to you.
This document is important as it sets out the contract terms between you and us and the responsibilities and obligations we have to each other (yes, we both have responsibilities and obligations to each other, kind of like a marriage!) when you bring your vehicle to us.
Your vehicle is particularly important to you; it's like a family member, maybe even your favourite uncle. You would not leave your favourite uncle with us without reading the terms and conditions first, would you?
So you really, really, really should read this document thoroughly before signing it; if you sign it without reading it thoroughly, you can't say that we didn't warn you first...
Terms & Conditions for Vehicle Service, Repair and the Supply of Parts and Accessories.
1. Definitions.
a. "Performance" (to include 'we', 'us', 'our', etc.) means Performance Automotive Ltd.
b. "the Client" (to include 'you', 'your' etc.) is the person or other legal entity detailed above and contracting with us for the supply of goods and services.
c. "Goods" means all things that are sold by us to you before or after the signing of this agreement.
d. "Services" means any service provided by us to you before or after the signing of this agreement.
2. Whole Contract
a. If the Client's vehicle is manufactured by Tesla, you should read the additional terms and conditions relevant to Tesla vehicles (the "Tesla terms and conditions"). By signing this agreement, you agree to be additionally bound by the Tesla terms and conditions and these terms and conditions, which represent the entire contract between you and us.
b. In all other cases these terms and conditions represent the entire contract between you and us.
3. Authority to Contact
a. By signing these terms and conditions, the person signing this agreement confirms that they either are the Client or where the Signatory and the Client are different, the Signatory has the authority to enter into a contract on behalf of the Client.
b. Where a person signs these terms and conditions without such authority, they agree to perform all of the Client's obligations under these terms and conditions, including but not limited to the obligation to make payment for any goods and services provided under these terms and conditions, as if they are the Client.
c. All calls will be recoded. Incoming and Outgoing calls can and will be recoded without further notice.
4. Inspections, Estimates and Quotes
a. Unless otherwise agreed in writing, the supply or all services are agreed on an 'estimate only' basis.
b. Diagnosis of vehicles and provision of estimates are chargeable to you in the following manner:
i. Diagnostic work is chargeable based on the time expended by our technicians.
ii. Where warning indications are shown on the instrument cluster, which are able to be assessed by the use of electronic diagnostic equipment, such assessments will be charged at the time taken to perform the assessment at our standard labour rates. The minimum charge is 0.8 hours of labor.
iii. Electronic diagnostic equipment does not guarantee a root cause diagnosis of any issue or malfunction. Technician confirmation of any error codes will be needed before the root cause of any issue with your vehicle can be established.
iv. Any further diagnostic work, including the use of electronic diagnostic equipment, will be charged at the time taken to perform the assessment at our standard labour rates, in increments of 0.1 hours.
c. Although we will make all reasonable efforts to complete services and supply goods within a timely fashion and within any estimates that may be provided, unless otherwise agreed in writing, the time for completion of any service or the supply of any goods cannot be guaranteed and does not form part of the contract between you and us.
d. All estimates are based on the costs of labour and materials relevant at the date the estimate is provided. We may render a final invoice to you, which includes any variations in the costs of labour and materials or from any other source outside our control.
e. Where additional work is required or additional materials are found to be necessary following the commencement of work or any subsequent testing, we will include any extra charges on our final invoice. Where these additional charges involve an increase in the amount estimated by more than KYD$200.00, a supplementary estimate will be submitted to you for prior approval before any additional work is carried out.
f. All vehicles over 12 years of age will be subject to a free condition inspection by us. If we deem that your vehicle is not in a sufficiently roadworthy state to be repaired, you will be informed and asked to remove the vehicle. We strictly reserve the right not to undertake any repair or service in respect of any vehicle which is, in our opinion, unroadworthy or could present a hazard to our employees or any road users.
g. If you have been advised that you should not drive your vehicle for safety related issues or issues that will cause loss or damage to your vehicle, Performance Automotive takes no liability or responsibility for your losses or damages occurred to your vehicle, property, other road users vehicles or other peoples property.
5. Client and Replacement Parts
a. Unless otherwise agreed in writing, we operate a strict 'no Client parts' policy to ensure quality control and the operation of warranty on all parts installed by us.
b. Subject to obtaining your approval in advance, we may fit second-hand, repaired or reconditioned parts ("replacement parts") where any parts specified in our estimate become unavailable or cannot be obtained within a reasonable time.
c. Where replacement reconditioned parts are used, they are supplied and installed at your own risk and without any warranty. Our liability to you is strictly limited to circumstances where the installation of the parts was negligently performed by us.
6. Painting
a. Where any paintwork is required upon metal work found to be rusted, we will make all reasonable efforts to prevent rust from penetrating through the paintwork, but no guarantee can be given.
b. If partial paintwork is required, we will make all reasonable efforts to match the new paint to any existing colour schemes, but there can be no guarantee of a perfect colour match.
7. Deposit, Payment, Lien and Late Payments
a. Before the commencement of any service, with our without the supply of goods, parts or materials, or the ordering if any goods, parts or materials not already in stock, you will be required to make a deposit payment calculated at 50% of the estimated service cost, or 100% of the estimated goods, parts or material cost (whichever the greater).
b. Where you cancel an order which is for or includes goods, parts or materials, the deposit will not be refunded to you on special order parts. 20% restocking fee on local purchase parts if we can get a refund otherwise the part becomes ownership of the client who asked to order the parts.
c. We take payment in many forms. Paypal, Credit Card, Online Transfer, Cash and any other payment methods that may be arranged in advance. Personal checks are not accepted.
d. Payments can be made in KYD or USD currency. Adjustments to USD currency cards will be made at the time of payment, allowing for additional bank fees paid by us for currency conversion.
e. We will hold a lien upon any vehicle that has been left with us for the supply of goods and services against any unpaid invoices. You must pay our final invoices in full before a vehicle may be collected from us. Any invoices that remain outstanding for over 30 days will be subject to a monthly fee calculated as 5% of the outstanding amount. The late fee will be applied on the 31st day and every 30 days thereafter.
f. We will hold any overpayments or other credits as a credit balance to be applied against future invoices.
g. Any portion of an outstanding invoice left unpaid will result in forfeited warranty of any kind. We will no longer be responsible for any further repairs or warranties needed on any invoice where one invoice goes unpaid.
8. Storage and Parking Fees
a. Parking or storage fees will accrue after the third consecutive day after i) the issuance of an estimate or ii) the latter of the issuance of a final invoice, or you being advised that your vehicle is ready to be collected.
b. Parking or storage will be charged at the rate of KYD15.00 per day or any part thereof.
c. Any vehicle which has not been collected by you within two calendar months plus three days from the latter of the issuance of a final invoice, or you having been advised that your vehicle is ready to be collected, may be sold by us.
d. We will deduct any outstanding invoices, parking or storage fees, plus a vehicle sale fee of KYD$800.00 or 3.5% of value of the vehicle, whichever is greater from the net proceeds of the sale of the vehicle.
e. Before proceeding to sell your vehicle, we will first give you seven days' notice of our intention to do so. Such notice will be deemed to have been validly served on you provided that it is sent to any of the e-mail addresses, physical addresses or PO Box addresses provided by you at the time this agreement was signed.
f. Any sale of vehicles pursuant to this clause shall be by way of a sealed bid auction.
g. After discharging the costs of the sale together with and making any other deductions as provided for by this agreement, we shall, at our discretion, retain the balance for your benefit or forward the same to you at your last known address.
h. All parts ordered will be stored for up to 90 days. After that a $5.00 KYD per day storage fee will be paid.
9. Authority to Remove
a. Where we reasonably believe that a person has your authority to uplift Goods or Vehicles from us and does so, we shall have no liability to you for any loss or damage that might occur where that person did not have such authority from you.
10.Existing Warranties
a. Where external warranty providers allow us to do so, we will work with them to obtain approval and payment for any work done under the terms of the warranty in place. We will provide external warranty providers with all the information they need to approve such work. We charge a KYD$100 fixed fee for an inspection of the vehicle and any coordination work with external warranty providers and ensuring compliance with any warranty conditions.
b. This fee is payable by the Client, is non-refundable and will be charged regardless of whether approval from the external warranty provider is obtained.
c. The Client remains responsible for completing and filing any necessary claims with the external warranty provider.
11. Our Warranty
a. Subject to clause 5(c) above and 11(b) below, we assign to you, the benefits of any applicable manufacturer's part warranty for parts fitted to your vehicle during a repair or service. Further, we warrant our work free of defects for a period of 3 months or 2,000km, whichever occurs sooner, calculated from the date of completion of the work. Our maximum liability shall not exceed the cost to us to perform rectification of any defects in our workmanship. Original equipment manufacture parts will carry a manufactures parts warranty and will be covered for that term. All warranty periods must be requested when placing order for parts.
b. We shall be entirely released from our obligations to you as set out above where any of the following occurs:
i. You have failed to notify us of the defect within 3 working days of you first becoming aware of the defect.
ii. You have failed to provide us with an opportunity to inspect the defect before the conducting of any work in respect of or connected to the defect by you, or any third party.
iii. You have used your vehicle for racing, rallying or similar sports, or other than in accordance with any restrictions as to use set out by the vehicle manufacturer.
iv. You have failed to adhere to all maintenance instructions regarding the care, treatment, or upkeep of the vehicle, or have failed to complete all servicing and preventative maintenance as recommended by the manufacturer of the vehicle.
c. Additionally, we provide no warranty in respect of any of the following:
i. We will not be responsible for any transmission failure that occurs after a transmission fluid service in circumstances where regular changes of the transmission fluid have not been carried out.
ii. The presence of any sludge in the engine oil area.
iii. Defects or damage caused or contributed to by local environmental conditions such as (but not limited to) the vehicle being stored in direct sunlight (or being subject to extreme heat) or where the vehicle has been stored outside such that it has been subject to prolonged exposure to salt or salt water. You expressly acknowledge that vehicles purchased from overseas may not have been designed to operate within the environmental conditions that are experienced locally. Such conditions will impact the performance, durability and reliability of vehicles operating in the Cayman Islands.
iiii. No warranty or returns on counter sales. No exceptions.
d. Notwithstanding clause 16(a) below, you expressly agree that should any dispute arise in respect of this warranty, you irrevocably agree to resolve that dispute by mediation in the first instance. You agree to fully indemnify us in respect of all legal costs (legal costs incurred by both you and and us) should court proceedings be initiated by you prior to attempting to resolve that dispute by way of mediation.
e. Warranty covers parts or equipment installed and does not cover labor or shipping.
f. There is no implied warranty on non factory repairs or modifications (not limited to but including brake upgrades, lift kits and suspension lowering)
12.Driving your Vehicle
a. We (including our employees and agents) are expressly authorised by you to use your vehicle on the public highway and elsewhere for all purposes in connection with the work outlined. We will take reasonable care of the vehicle so used, and we will provide insurance of the vehicle as required by law whilst we are so using your vehicle.
b. We do not provide insurance cover whilst your vehicle is being towed to or from our business premises. Towing is carried out at your risk, and you should ensure that the vehicle is appropriately insured against all risks incurred during towing.
13. Your Personal Possessions
a. Before you leave your vehicle with us, you should ensure that all personal items and cash, are removed from the vehicle. All such items are left entirely at your own risk.
b. Where any personal items and cash are left in the vehicle, you agree to indemnify us in relation to any such loss or damage.
14. Data Protection
a. We will hold the information shown on the invoice for sales, service and warranty purposes as a Data Controller. We will not pass this information on to any third party unless otherwise required to do so by law. Any personal data will be held and processed by us in accordance with the Data Protection Act.
b. Client also agrees to keep all negative information off social media, word of mouth or any other digital or printed media.
15. Bankruptcy / Insolvency of the Client
a. If you become bankrupt or insolvent or make any agreements with your creditors or where a Receiver is be appointed, or where the Client is a body corporate, and enters into liquidation, we shall have the right to terminate this agreement. In such circumstances we would cease to have hold any further obligation under this agreement.
b. In such circumstances, we would be entitled to render a final invoice representing the services rendered and goods supplied up to the point of termination. Our final invoice shall be immediately payable. Any lien shall remain operative until the payment of our final invoice and any parking or storage charges.
16. Gift Certificates
a. Gift certificates are only valid for 1 year. They become void after this term.
b. Gift certificates can only be used for their intended purposes.
c. Gift certificates can only be used once and do not carry over an balances
d. Any work done with a gift certificate holds no warranty value.
e. We are not responsible for any damages done on systems or maintenance of parts that have not been properly maintained previously.
f. At any given time Performance Automotive reserves the right to refuse service.
17. Jurisdiction
a. This agreement shall be governed by and construed in accordance with the law of the Cayman Islands, and the parties submit to the jurisdiction of the Courts of the Cayman Islands.
V1.1 Modified Dec 13, 2023
Added Clause 3.c Dec 03, 2024