Terms of Business for vehicle glass repair and replacement services

• 1.

  These Terms

• 1.1

  What these Terms cover. These are the Terms and Conditions on which we supply replacement glass and/or repair services to you (Services).

• 1.2

  Why you should read these Terms. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information

• 2.

  Information about us and how to contact us

• 2.1

  Who we are. National Windscreens consists of member companies and these member companies trading as National Windscreens will carry out the Services. “We” in these terms and conditions means these member companies carrying out the Services. Please click on this link for a list and details of the member companies

• 2.2

  How to contact us. You can contact us by telephoning our customer service team on 0800 955 0108 or by emailing us at customerservices@nationalwindscreens.co.uk.

• 2.3

  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order

• 3.

  Our contract with you

• 3.1.

  By placing an order you are accepting these Terms and Conditions.

• 3.2.

  How we will accept your order. Our acceptance of your order will take place when we confirm that an appointment has been booked for you, at which point a contract will come into existence between you and us and these Terms and Conditions will apply. If the provision of our Services is the subject of a claim on an insurance policy and, you are not the policyholder of such insurance policy, you accept and we will deem that your dealings with us are made with the full authority and consent of the policyholder

• 3.3.

  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services.

• 3.4.

  Appointment booking reference. We will use your vehicle registration number to identify your booking when we accept your order. If you have a query concerning your booking, please quote your vehicle registration number to assist us in finding your booking whenever you contact us about your order.

• 4.

  Our Services

• 4.1.

  Your rights to make changes. If you wish to make a change to the Services you have ordered please contact us immediately. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract.

• 4.2.

  Our rights to make changes to the Services. We may at any time without notice change the Services to reflect changes in relevant laws and regulatory requirements and, to implement minor technical adjustments and/or improvements as and when required.

• 5.

  Providing the Services.

• 5.1

  When we will provide the Services. We will begin the Services on the date agreed with you during the order process (the appointment date). We will provide our Services to you by appointment within an estimated time frame at a location agreed between you and us, during the order process. We do not accept any responsibility for any loss you suffer (financial or otherwise) if we are not able to arrive at the estimated appointment time or complete the Services

• 5.2

  How we will provide the services weather permitting. Unless our services can be carried out under cover (e.g. inside a garage), the appointment is subject to satisfactory weather conditions (as reasonably determined by us). Please note that inclement / adverse weather conditions may result in us having to rearrange the appointment and, where we do this, we accept no liability to you for any delay in providing the services.

• 5.3

  Appointments. Please note that we provide you with a time frame on a date in which you can expect our technician to arrive within. (These time frames will be either a morning appointment, or an afternoon appointment). We may be able to offer you a Saturday appointment within a window of 8am to 12.30pm, subject to confirmation of availability from the branch carrying out the Services. We will use our reasonable endeavours to notify you of any anticipated or known delay in providing the Services and, you accept that we shall not be liable to you for any loss that you may incur as a result of such delay (financial or otherwise).

• 5.4

  We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. You accept we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

• 5.5 If you do not allow us access to provide Services. If for whatever reason you do not allow us access to your vehicle to perform the Services as arranged we reserve the right to charge you an additional administrative charge at our discretion. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your vehicle we may end the contract and clause 10.2 will apply.

• 5.6

  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, the details of your insurer. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

• 5.7

  Authorisation to remove damaged vehicle glass. By instructing us to carry out the services for you, you authorise us to remove your damaged vehicle glass as waste.

• 6.

  Repairs and defective services

• 6.1

  Attending your vehicle. When attending your vehicle, if our technician decides (using his sole and reasonable discretion) that a repair is possible, we will normally attempt to repair the vehicle windscreen

• 6.2

  Cosmetic appearance. Please note when repairing your windscreen, we do not guarantee any particular cosmetic appearance. You accept that following completion of a repair, some damage to the windscreen may still be visible. Our aim is to contain the damage and restore the original strength of the windscreen only.

• 6.3

  If you are unhappy with the visual appearance. In the event that you are unhappy with the visual appearance of the windscreen, following its repair, you must notify us of this within 48 hours of the repair being carried out. In such circumstances, we will replace your windscreen, subject to you paying the required amount for the replacement.

• 6.4

  We do not guarantee each stone chip repair will be successful. Please note that we do not guarantee that an attempted repair to your windscreen will be successful in every case. Through no fault of our technicians, there is a risk of a crack appearing in the windscreen during the repair process and by ordering the Services from us, you acknowledge this risk. In the event that a crack does appear in the windscreen during the repair process, you may ask us to replace the windscreen for you. If we agree to do this, you will have to pay us an additional amount. We will notify you verbally of that additional charge before the replacement windscreen is fitted. If we are carrying out the Service through an insurance claim we will deduct any excess that you have already paid to us for the repair of the windscreen from this amount.

• 6.5

  What to do if the windscreen cracks after a repair is carried out. In the event that we repair your windscreen and it subsequently cracks within 30 days of us carrying out the repair, you may contact us to replace the windscreen for you. Where we agree to do this, you must pay us for the replacement (as the price is notified to you) and if the Service is provided through an insurance claim we will deduct any excess that you have already paid to us for the repair of the windscreen from this amount. If the windscreen cracks or you notify us of the cracked windscreen following the expiry of this 30 day period and, you make a request for the windscreen to be replaced, you must pay us the full amount for the replacement (in accordance with the price notified to you). For the avoidance of doubt, in relation to Services provided via an insurance claim we will not deduct any excess you have already paid for the repair of the windscreen from any such amount. If you have the windscreen replaced by another organisation you will not be entitled to the refund of the excess you have paid.

• 6.6

  Damage to your vehicle that is not visible. Please note that where a windscreen becomes damaged, it may cause damage to other parts of your vehicle. Such damage may not be visible or known to us at the time of carrying out the Services and, we will not be responsible for or, accept any liability for carrying out such repairs or the re-setting of technical equipment (e.g. rain sensors).

• 6.7

  Damage to your vehicle that is visible. Where our technician is able to identify any damage to your vehicle, at the time of attending it, he will make a record of such damagebefore commencing the provision of Services. We do not accept liability or responsibility for any repair charges associated with the rectification of any damage that existed prior to the commencement of the Services (whether visible or not).

• 6.8

  We cannot carry out the Services on corroded metal. We are unable to install a replacement windscreen on corroded metal. In the event that we find your vehicle to be corroded (whether in full or in part), we will not provide the Services to you. Where such corrosion is found during the course of providing the Services, we will stop work and, advise you of the options available to you.

• 6.9

  Drive-away times. Where we replace your windscreen, you must observe the drive-away time advised by our technician to you. We will not accept any liability or responsibility for any damage to the vehicle, where the vehicle is moved prior to the recommended drive-away time.

• 6.10

  We do not exclude our liability where we are negligent. Nothing in this Clause 6 excludes our liability for the provision of defective services through our negligent acts and omissions. You have a duty at all times to mitigate against the cost of any repairs required and/or costs accrued as a consequence of our negligent acts or omissions. In the first instance we or our selected third party shall repair any damage caused to your vehicle by our negligent acts or omissions. If we or our selected third party is not able to carry out the repairs you are able to select who carries out the repairs. If you choose a third party to carry out the repairs, the cost of the repairs shall be met by us if you have provided a minimum of two reasonably detailed quotations and we have consented in writing to the costs prior to the repairs taking place. All repairs and costs we agree to shall be limited to the market value of the vehicle and we reserve the right to refuse any costs and repairs which we reasonably find is above the market value of the vehicle. We at our discretion will use industry guides to ascertain the market value of the vehicle.

• 6.11

  6.11 ADAS Calibration. If your vehicle has ADAS features that rely on camera or sensor technology attached or incorporated in the windscreen it is likely that those feature(s) will need calibrating following the replacement of a windscreen. We will attempt to calibrate those features with the most up to date software available to us at the time. If we attempt to calibrate those features you will be required to read, understand and agree to our ADAS Special Conditions in addition to these Terms and Conditions prior to us carrying out the calibration. We will not be responsible for the cost of calibration completed elsewhere, if we are not able to calibrate the vehicle for whatever reason

• 6.12

  Remove and refit. If we remove your vehicle glass to allow a repair to another part of your vehicle and refit your original vehicle glass, this will not form part of the guarantee we provide on the replacement of vehicle glass.

• 7.

  Insurers

• 7.1

  Obtaining information from your insurer Where you advise us to carry out the Services under your vehicle insurance policy, we will check whether we are able to do this, with the latest information provided to us by your insurer (if available to us). We will check to confirm that the Services may be paid for under any such insurance policy, however, we make no assurance to you to as the extent of your policy cover and, it is your sole responsibility to check and confirm this.

• 7.2

  You are responsible for the charges of our Services Please note that by instructing us to provide the Services; you accept responsibility to pay the full amount of our charges associated with the provision of such Services. If you hold insurance cover for glass, you may be able to claim a contribution towards our charges under your relevant insurance policy. If you are making a claim under your insurance policy through us, you agree to pay us any excess stated on your insurance policy and confirm that we may collect the balance of our charges from your insurer. In the event that your insurer declines to cover you under such policy, you agree to pay us in full our usual retail charge applicable to the Services that we have performed.

• 8.

  Your rights to end the contract

• 8.1

  You can end your contract with us in the following circumstances

  • (a) If you want to end the contract because of something we have done or have told you we are going to do see clause 8.2;

  • (b) If you have just changed your mind about the services see clause 8.3. You may be able to get a refund if you are within the fourteen day cooling-off period, but this may be subject to deductions;

  • (c) (c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6. You may be able to get a refund if you are within the fourteen day cooling-off period, but this may be subject to deductions;

• 8.2

  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

  • (a) we have told you about an upcoming change to the Services or these terms which you do not agree to;

  • (b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

  • (c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;

  • (c) you have a legal right to end the contract because of something we have done wrong.

• 8.3

  Exercising your right to change your mind (Consumer Contracts Regulations 2013). This clause shall only apply if you are a consumer. For most services bought over the telephone or online you have a legal right to change your mind within 14 days and receive a refund.

• 8.4

  When you don't have the right to change your mind. You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running.

• 8.5

  How long do I have to change my mind? You have 14 days to change your mind after the day we confirm your appointment. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

• 8.6

  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you will have to pay us the charges we have incurred in performing the Services up to and including the date on which you give notice to terminate the Services . A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we will deduct from that refund (or, if you have not made an advance payment), our charges for performing Services up to the date of termination.

• 9.

  How to end the contract with us (including if you have changed your mind)

• 9.1

  Tell us you want to end the contract. To end the contract with us, please let us know by phoning or emailing us. You can contact the branch directly, or call customer services on 01827 338 830 or email us at control@nationalwindscreens.co.uk. Please provide details of your appointment and your name and address.

• 9.2

  How we will refund you. We will refund you the charges you paid for the Services, which have not been performed by the method you used for payment. However, we may make deductions from the charges, as described below.

• 9.3

  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

• 9.4

  When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind.

• 10.

  Our rights to end the contract

• 10.1

  We may end the contract if you break it. We may end the contract at any time by writing to you if:

  • (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

  • (b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

  • (c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or

  • (d) you do not, within a reasonable time, allow us access to your vehicle to supply the Services.

• 10.2

  You must compensate us if you break the contract If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you our reasonable administrative charges we will incur as a result of your breaking the contract.

• 11.

  If there is a problem with the Services

• 11.1

  How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone the branch direct or the customer service team on 01827 338 830 or write to us at customerrelations@nationalwindscreens.co.uk.

• 11.2

  Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

• 12.

  Price and payment

• 12.1

  Where to find the price for the services. The charges for the services are subject to VAT and will be the charges as told to you over the telephone, or where you walk in to one of our branches, as notified to you by a member of staff in the branch at the time you book the appointment. Where you are claiming for windscreen cover under your insurance policy, we will check with your insurer that you are covered, and that we are able to obtain the correct information from your insurer. You will need to check details from your insurer in respect of any excess that you are responsible for paying. We take all reasonable care to ensure that the charges advised to you are correct. However please see clause 12.4 for what happens if we discover an error in the charges for the Services you order.

• 12.2

  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

• 12.3

  If the policyholder is registered for VAT. If the policyholder is registered for VAT, the policyholder agrees to pay VAT on our services.

• 12.4

  Quotes. At the time of booking an appointment with us, you may be required to pay VAT on the charges of the materials we are likely to use for carrying out the Services. In the event that we are required to use other materials that we did not expect to use, when providing the Services to you, the price we charge for the Services and any applicable VAT due may be varied from the price originally quoted to you. In such circumstances, you agree to pay all such additional charges and VAT to us and, we agree to refund any charges and VAT to the extent the amount you should pay to us (following the completion of the Services) is less than what we originally quoted. All quotes are valid at the time provided and shall not be valid subsequently, unless a booking is confirmed by you at the time.

• 12.5

  Deposit: If the Services that you are requesting are in respect of a special order glass, we may require that you pay us a non-refundable deposit to enable us to order any parts that we may require in the provision of the Services. We will advise you of this at the point of booking. In the event that you cancel the Services with us, you will not be entitled to a refund of this deposit.

• 12.6

  When you must pay and how you must pay We accept payment from most major credit and debit card companies. We are committed to reducing fraud made using credit cards. We reserve the right not to accept payment from you by debit or credit card where we suspect that by doing so, a fraud may be committed against us or, the registered card holder. Where we take payment from you in the course of making an appointment with you, (save in respect of any non- refundable deposit as described in Clause 12.5 above), we may hold that payment to your order, until such time as commence the provision of Services. With effect from the commencement of such Services, we reserve the right to retain any payment you make to us.

• 12.7

  We can charge interest if you pay late If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

• 12.8

  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

• 12.9

  Trade accounts. Where payment for the provision of our Services will made by you using a trade or company account, any special or additional terms which have been agreed with you by us or one of our members who operates the account with you, will apply to the Services and, shall prevail over these Terms.

• 12.10

  Lifetime guarantee. We will guarantee the quality of the workmanship in fitting the glass as long as you are the registered owner of the vehicle. You must provide us with a valid proof of purchase of our services to qualify for our lifetime guarantee.

• 13.

  Our responsibility for loss or damage suffered by you

• 13.1

  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

• 13.2

  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

• 13.3

  When we are liable for damage to your vehicle. Subject to clause 6 and clause 13.4, we will make good any damage to your vehicle caused by us whilst providing the Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your vehicle that we discover while providing the Services.

• 13.4

  Limitation of liability. You accept that the cost to us of repairing your vehicle in the event that we damage it could exceed the amount we are paid for our Services. You agree that our total liability for any vehicle damage is limited to:

  • (a) the total cost of repairing any damage we cause to your vehicle; and

  • (b) the cost to us for providing you with a replacement vehicle which we have selected and/or supplied for your use for the period whilst your vehicle is being repaired

  Except as stated above, you agree that we will not reimburse or compensate you for any loss of income, loss of use of your vehicle, charges or expenses incurred from loss of use of your vehicle, loss of business or profits or pure economic loss, indirect or consequential loss, suffered by you as a result of our Services

• 13.5

  We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in any circumstance.

• 14.

  How we may use your personal information.

• 14.1

  How we will use your personal information. We will use the personal information you provide to us:

  • (a) to supply the services to you;

  • (b) to process your payment for the Services;

  • (c) where you have agreed during the order process to pass to a third party who carries out customer satisfaction surveys on our behalf in order to help us improve our customer service, and

  • (d) if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

• 14.2

  We will only give your personal information to third parties where the law either requires or allows us to do so.

• 15.

  Other important terms

• 15.1

  We may transfer this agreement to someone else. We may appoint a sub- contractor to perform our obligations under these terms and conditions to another member of National Windscreens or one of our approved suppliers.

• 15.2

  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

• 15.3

  Nobody else has any rights under this contract.This contract is between you and us. No other person shall have any rights to enforce any of its terms.

• 15.4

  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

• 15.5

  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

• 15.6

  The laws which apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.