Auto Calibrate Services – Terms and Conditions
Please read these terms and conditions carefully, especially Clause 5 (“Cancellation of our services”). These terms apply to the remote ADAS calibration, vehicle diagnostics, programming, and coding services (“Auto Calibrate Services”) provided by Auto Calibrate, together with any ancillary services or products supplied as part of those services. They tell you who we are, how we will provide our services to you, and other important information. These terms and conditions form the legal contract between you and Auto Calibrate and are deemed accepted when we confirm your booking.
1 Information about us and how to contact us
1.1 Who we are
Auto Calibrate is a trading name of Auto Windscreens Services Limited, a company registered in England and Wales. Our company registration number is 07518924 and our registered office is at Markerstudy House, 45 Westerham Road, Bessels Green, Sevenoaks, Kent, TN13 2QB. Our registered VAT number is 107757111.
1.2 How to contact us
You can contact us by calling on 01246223132 or by emailing us at info@autocalibrate.co.uk .
1.3 How we may contact you
If we have to contact you, we will do so by telephone, text message, e-mail or any other means of telecommunication using the contact details (mobile number or e-mail address) you provided to us when booking the Auto Calibrate Services. If your contact details change and you communicate these changes to us, we will use your updated contact details to contact you.
1.4 Changes to these terms and conditions
Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by a duly authorised representative of Auto Windscreens.
We have the right to change these terms and conditions at any time. The terms and conditions applying to your use of our services will be those in force at the time you book your appointment with us.
2 Our contract with you
2.1 How to book services with us
You can book our Auto Calibrate Services through multiple channels including calling or by booking online on our website at Auto Calibrate .
When you book we will review your request, depending on the type of service required, we may not always be able to confirm your booking immediately. Once we have assessed your request, we will either confirm your booking (at which point a contract is formed) or let you know if we are unable to accept your booking and explain the reason (such as technical limitations, unavailability in your location, or other factors).
If you wish to re-arrange your appointment you must contact us no less than 24 hours before your appointment. We do not guarantee that we will be able to re-arrange your appointment if you contact us after that time.
3 How we provide our services to you
3.1 How we provide our services and when they will be provided to you
We will perform our services to the best of our ability and offer an appointment at a time and location agreed between you and us when you call us to book an appointment or make a booking online. If we need to carry out additional checks regarding your appointment or the services to be provided, we will contact you. All Auto Calibrate Services are carried out to approximate timings and may be subject to change.
Where your appointment is located at one of our sites, we will not be liable for any fees incurred in the transport of the vehicle to and from the appointment location. It is your responsibility to cover any associated costs involved in the transport of the vehicle such as road user fees including, but not limited to, Congestion, ULEZ and toll road fees.
3.2 Information required from you
For some services we may need certain information from you so that we can supply the services to you and confirm the registered owner of the vehicle’s identity, for example, their name, address, date of birth, information on the vehicle and a copy of the vehicle registration certificate. Please refer to “How we will use your personal information (Clause10) below.
3.3 Changes to your booking time
We reserve the right to change your appointment time for any reason and including on the day of the appointment itself. If we need to change your appointment time, we will contact you and re-arrange an appointment time with you.
3.4 Right to refuse to provide our services
We reserve the right to stop or refuse to provide our services or arrange for a service where:
(i) You or anyone in attendance is behaving or has behaved in a threatening or abusive manner towards an Auto Windscreen’s employee.
(ii) You owe us money or have no immediate means to pay for the services requested.
(iii) The circumstances surrounding the vehicle for example, the location, are such that provision of the Auto Calibrate Services would involve a breach of the law or there is a reasonably foreseeable health and safety risk to yourself, a third party, an employee of ours or agent providing the Auto Calibrate Services.
(iii) there is potential for harm or damage to the environment.
(iv) pre-existing technical issues or faults preventing us from completing the Auto Calibrate Services.
(v) if we suspect or detect any malicious software connected to the vehicle.
(vi) where we are unable to establish a connection with the vehicle via the internet
(vii) if the vehicle has been modified beyond the manufacturer's specifications
We will not be liable for any losses and/or costs you may incur as a result of us stopping or refusing to provide our services or arrange for a service as set out above.
3.5 Vehicle owner authorisation
By instructing us to carry out any services, you warrant to us that you are authorised by the legal owner of the vehicle to do so. You agree to indemnify and hold us harmless and make good any losses, costs or damages which we incur as a result of any claim against us by the legal owner or registered keeper of the vehicle alleging that, or resulting from the fact that, you were not authorised to instruct us to provide the services and/or any related breaches of data protection legislation.
4 Payment
4.1 Price validity
We will provide a quotation for the Auto Calibrate Services based upon your initial enquiry. Any additional Auto Calibrate Services as may be required after initial inspection shall be charged at the applicable rates. You agree to be responsible for the full cost of the Auto Calibrate Services including parts ordered and/or fitted on the vehicle (plus any applicable VAT).
On completion of your appointment we will provide you with an invoice with our fees that will include our services and any fees for additional services together with VAT at the applicable rate on all fees.
4.2 Payment and costs
4.2.1 Auto Calibrate Services costs
When we successfully provide any of the Auto Calibrate Services to you, you will be charged for the relevant Auto Calibrate Services. Where we connect to the vehicle and the provision of Auto Calibrate Services is unsuccessful, you will be charged a connection fee based on the time we spend attempting to provide Auto Calibrate Services. The connection fee will be based on usage data collected at the time of the appointment and only where we have failed to provide the Auto Calibrate Services due to circumstances outside of our control.
4.2.2 How you must pay if you have a business account with us
Where you have a business account with us, we will not take payment upfront, but you must pay each invoice submitted by us, in full and in cleared funds, within 30 days of the invoice date.
4.2.3 How you must pay if you do not have a business account with us
Where you do not have a business account with us, payment details will be taken from you whilst making a booking during the initial enquiry, at your appointment we will communicate all additional fees to you for any additional Auto Calibrate Services to be provided so you are always aware of the invoice amount. All invoices are due and payable immediately on completion of the Auto Calibrate Services.
We accept payments by google pay, apple pay and with most major debit and credit cards with the exception of American Express. We do not accept personal cheques.
4.2.4 Applicable rate of VAT
If the rate of VAT changes between your booking and the date we provide the services to you, you will pay the applicable VAT at the time our Auto Calibrate Services have been provided to you.
4.2.5 Call-out fee’s
A call-out fee shall apply in addition to our other fees for call-outs requested outside of our normal operating hours. Our call-out fees will apply Monday to Friday between 5.00 pm and 8.00 am and from 12 pm on Saturday to 8 am on Monday including bank holidays.
5 Cancellation of our services
5.1 Your right to cancel our services
You have the right to cancel your appointment (and your legal contract) with us for a period of 14 days starting from the day after you made your initial booking. However, you agree that if our work on the vehicle has started before the end of the 14-day cancellation period your cancellation rights will end when that work starts. Accordingly, you must cancel your appointment before work has started, in order to receive a full refund of any monies that you have paid to us. You may not cancel your appointment after we have commenced such work on the vehicle. If you seek to do so, we will not make any refund of monies that you have already paid to us.
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Damage to the vehicle caused by us
If we damage the vehicle or any parts of the vehicle we can arrange and cover the cost of a repair, provided the damage to the vehicle is caused by us and does not result from or is not connected to pre-existing damage to the vehicle or parts of the vehicle that our technicians discover while providing the services.
Damage to the vehicle must be notified to us within 5 days of us providing our services. We reserve the right to investigate any damage notified to us prior to any third party investigation. Repairs must be approved by us in advance in writing. If, without our prior written approval, you arrange any investigation of damage or repair yourself, we reserve the right to not pay the repair costs that you incur and any refund of any such costs will be at our discretion.
When replacing parts to the vehicle that we have damaged, we reserve the right to use undamaged and reusable vehicle parts also known as ‘Green Parts’, on a like for like basis.
6.1 Pre-existing damage
Any damage that is not be visible or known to us at the time of performing the Auto Calibrate Services is outside our responsibility. We exclude all liability for repairing any damage outside the agreed scope of work, whether visible or not.
6.2 Pre-Services Checks
A pre-global check shall be completed by our technicians before we provide any of our Auto Calibrate Services.
7 Auto Calibrate Services
7.1 Our Auto Calibrate Services
The range of services varies depends on the vehicle’s ADAS system. Once a manufacturer vehicle and model have been provided, we can provide an overview of possible Auto Calibrate Services and the prices. Possible Auto Calibrate Services include:
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ADAS calibrations
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Pre and post repair scans, and DTC clear
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Key and tow-bar coding
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Headlight module coding and programming
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Battery coding
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Airbag module reset
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TPMS reset
This list is non-exhaustive and different services may be introduced from time to time.
At your appointment, our technician will need to connect our hardware to the vehicle to provide the Auto Calibrate Services, once we have, we will:
i. Connect to the vehicle with our remote experts in our Central Team via our technician’s device.
ii. Our technician will select the vehicle and the desired service. You can review the costs and confirm the selected Auto Calibrate Service.
iii. Our remote expert may request that our technician carry out operations such as switching the vehicle ignition on and off.
iv. Once connected our technician will be able to inform you if any additional Auto Calibrate Services are required.
v. You may be obliged to provide further information from the vehicle owner, documents or certificates in order to fulfil legal requirements. Additional requirements apply in particularly in connection with access to security features.
vi. Our technician may be required to drive the vehicle to complete the Auto Calibrate Service requested.
In the event that the Auto Calibrate Services are not available through us or you are unable to attend one of our sites due to distance, we will sub-contract the provision of Auto Calibrate Services to a local provider.
Where you are not located on Mainland UK, we may be unable to complete the Auto Calibrate Services due to speed restrictions in your area. In this instance you may be asked to attend one of our sites on Mainland UK. It is your responsibility to pay for the fees associated with the transport of the vehicle to and from the Mainland UK.
“Mainland UK” refers to the geographical area that includes England, Scotland, and Wales, but excludes Northern Ireland and other adjacent islands.
7.2 Dashboard Warning Lights
As part of the Auto Calibrate Services we provide, we will ensure that there is no warning lights activated on the vehicle before it is returned to you. However, there are other ADAS functions linked to the cameras and lights that may reactivate following the calibration for a number of reasons depending on how the vehicle is driven following the appointment. For example:
· if a vehicle hits a kerb, it may knock the steering angle sensor;
· if the tyre pressure changes, it may alter the tyre pressure monitoring system; and
· if the vehicle goes too close to a hedge, it could affect the radar system
In addition, accidently knocking the camera on the inside of the vehicle and the general condition of the car may result in warning lights reactivating.
Any issues with regards to lights appearing on the vehicle dashboard must be reported to us within 5 days of the Auto Calibrate Services. Where reported within 5 days we will arrange an appointment to investigate, diagnose and resolve any dashboard light issues. We exclude all liability for any dashboard light issues reported to us 5 days after we have provided the Auto Calibrate Services.
7.3 Our Disclaimer if a calibration is not completed
In the event that the vehicle is not calibrated or an attempted calibration is not successful and requires further calibration, then neither you nor any other driver of the vehicle should rely upon the functionality of the ADAS system and/or use the vehicle’s ADAS systems until it has been successfully calibrated in accordance with the relevant manufacturer’s accuracy. It is critical that the vehicle’s ADAS systems are calibrated to ensure your safety. Failure to comply with this warning may lead to damage to the vehicle, and may make it dangerous to drive, increasing the risk of an accident resulting in death and/or personal injury.
7.4 Certification
Where we have successfully provided the Auto Calibrate Services we will issue you a Calibration Certificate which records essential vehicle information and the service date, the Calibration Certificate shall also document any faults discovered during pre- and post-scan of the vehicle.
7.5 Data Loss
In the provision of the Auto Calibrate Services, an instance of data loss or defect of the vehicle module may occur where the module has been tuned or modified from standard manufacturer settings. We work to factory specific updated files, where you wish for us to proceed with the Auto Calibrate Services then Auto Calibrate shall have no liability for any damage caused by the coding of the vehicle.
8 Events outside of our control
8.1 We are not responsible for events outside of our control
If the supply of our services is delayed as a result of an event outside of our control then we will contact you as soon as reasonably practicable to re-arrange your appointment. If there is a risk of substantial delay or that we may not be able to perform the services, you may cancel the services and you will receive a refund for any services and products you have paid for but not received.
Events outside our control include but are not limited to acts of God, pandemic, outbreak of hostilities, riot, civil disturbance, acts of terrorism, fire, subsidence, explosion, flood, snow, fog or other bad weather conditions, poor condition of the vehicle or equipment or systems in the vehicle, shortage of fuel or other necessary suppliers, failure of telecommunications lines or systems, default of suppliers or subcontractors, theft, malicious damage and strikes.
9 Liability
The Auto Calibrate Services are provided "as is". Auto Calibrate does not guarantee the timeliness, sequence, accuracy or completeness of the Auto Calibrate Services, and does not assume any liability if the Auto Calibrate Services are not available due to delays or omissions by, or inaccuracies of, any third party involved in the provision of those Auto Calibrate Services. Neither the Auto Calibrate Services nor any communication in that context shall create a warranty or extend any existing warranties implied by law.
9.1 Exclusion of Liability
Subject to Clause 9.2 neither party shall be liable to the other party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
a) any special, indirect or consequential loss
b) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings)
arising out of or in connection with this contract, whether or not such losses were known to the parties at the commencement of this contract.
We do not accept any liability whatsoever to you or any third party (whether in contract, tort, negligence or otherwise) arising from or in connection with:
(c) your failure to ensure that the vehicle’s ADAS system is calibrated in accordance with the vehicle manufacturer’s recommendations
(d) any use of and/or reliance by you upon the vehicle’s ADAS system prior to it having been calibrated in accordance with the vehicle manufacturer’s recommendations
(e) the calibration (or attempted calibration) of the vehicle’s ADAS system by you or any third party not authorised by us
(f) the functionality and/or accuracy of the vehicle’s ADAS system following calibration (or attempted calibration) by you or any third party not authorised by us
(g) any cost incurred by you as a result of work carried out by a third party in removing and/or fixing any faults or fault codes identified in our pre-global check of the vehicle
9.2 Limitation of liability
Neither party shall exclude or limit its liability in any way for:
a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of these terms due to wilful intent or recklessness
d) breaches of Clause 3.5
d) any other liability to the extent such liability cannot be limited or excluded under English Law,
Subject to this Clause 9.2, the total aggregate liability of ourselves to you, arising out of or in connection with the Auto Calibrate Services we provide, whether in contract, tort (including negligence) breach of statutory duty or otherwise, in respect of all claims arising in connection with the performance of the Auto Calibrate Services shall be limited to 100% of the fees paid or payable under each contract.
9.3 We are not liable for damage to or loss of your property
You must ensure that you remove all personal belongings, valuables and/or aftermarket products fitted to the vehicle such as dashcams prior to our technicians providing the services. We are not responsible for any theft, damage, destruction or loss of your property, belongings, personal data or aftermarket products fitted to the vehicle when providing services to you whether on our premises or at your property.
10 How we will use your personal information
We will only use the personal information that we receive from you, the insurer of the vehicle owner or another third party such as the vehicle owners’ broker as set out in our Privacy Policy and Cookies Policy as it appears from time to time on our website. If you wish to contact us with regard to your rights on our use of your personal information please write to Data Protection c/o Auto Windscreens Services Limited, Markerstudy House, 45 Westerham Road, Bessels Green, Sevenoaks, Kent, TN13 2QB or e-mail dataprotection@markerstudy.com
10.1 Storage of log data and communications data
We store log data on the Auto Calibrate Services provided and communication data such as chat histories via our technician’s screen, to ensure the quality and security of our services. You agree that such log data and communication data may be used for internal analyses and to improve the Auto Calibrate Services.
11 Other important terms
11.1 Fraud prevention
We are committed in reducing fraud. We reserve our right not to accept payment from you where suspect by doing so a fraud may occur.
11.2 Complaints
If you have a complaint about our services, you can contact us by telephoning our customer service team on 01246588322 or by writing to us at custservice@autocalibrate.co.uk
11.3 Nobody else has any rights under this contract
This legal contract is between you (the person requesting our services) and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to its terms.
11.4 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.
11.5 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, we can still require you to make the payment at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings
These terms and conditions are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the English courts.
If you live in Scotland you may bring legal proceedings in respect of our services in either the Scottish or the English courts. If you live in Northern Ireland you may bring legal proceedings in respect of our services in either the Northern Irish or the English courts.