1. In these terms references “we” or “our” means Motoserve™™. By asking Motoserve™™ to carry out evacuation of contaminated fuel service on your vehicle you agree that our work shall be governed by the following terms and conditions. Our contract with you is formed at the time of you making your appointment with us. Most but not all of the terms set out below are reproduced on the sales document that you will be asked to sign when we attend your vehicle. If our work is the subject of a work on a vehicle which is legally registered and therefore owned by a third party, you promise that your dealings with us are made with the authority of the vehicle owner.
2. You agree to be responsible to Motoserve for the full cost of our service to you.
3. Despite evacuation of contaminated fuel service being performed, damage to your vehicle may have already occurred, or may still occur as a result of and / or in connection with the misfuelling. Engine damage connected with a misfuelling may only become evident at a later date. Motoserve will not have any liability for any damage caused by and / or connected with a misfuelling, or by the continued use of the vehicle after the misfuelling. However, nothing in the above will affect your statutory rights.
4. A diagrammatic record of visible damage existing on your vehicle will be made by our technician before starting work on your vehicle. WE EXCLUDE ALL LIABILITY FOR REPAIR OF DAMAGE, WHETHER VISIBLE OR NOT, EXISTING BEFORE WE BEGAN TO WORK ON YOUR VEHICLE.
5. We will perform our service to the best of our ability. If you have a complaint about our service, please call Dublin 01 4443320 or write to Customer Services c/o Motoserve™ at the address shown at the bottom of this page. If we damage your vehicle, we can arrange its repair at no cost to you. If without our prior written approval you organise a repair yourself, we do not guarantee to pay the costs you incur.
6. YOU ACKNOWLEDGE THAT THE COST TO US OF REPAIRING YOUR VEHICLE IN THE EVENT THAT WE DAMAGE IT IS LIKELY TO EXCEED THE AMOUNT WE ARE PAID FOR OUR SERVICE. FOR THAT REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU IS LIMITED TO: (A) THE TOTAL COST OF REPAIRING ANY DAMAGE WE CAUSE TO YOUR VEHICLE; plus (B) FOR ANY PERIOD WHERE YOUR OWN CAR WILL BE UNAVAILABLE TO YOU FOR MORE THAN ONE DAY, AT OUR CHOICE, THE COST TO US OF PROVIDING YOU WITH ALTERNATIVE MEANS OF TRANSPORT OR A REPLACEMENT VEHICLE OF OUR CHOICE (ACTING REASONABLY). EXCEPT AS STATED ABOVE, YOU AGREE THAT UNLESS WE HAVE WRITTEN TO YOU TO CONFIRM OTHERWISE BEFORE WE BEGIN WORK, YOU AND MOTOSERVE™ DO NOT INTEND THAT MOTOSERVE™ REIMBURSE OR COMPENSATE YOU FOR LOSS OF INCOME, LOSS OF USE OF YOUR VEHICLE, LOSS OF BUSINESS OR PROFITS OR PURE ECONOMIC LOSS OR INDIRECT OR CONSEQUENTIAL LOSS SUFFERED BY YOU AS A RESULT OF OUR WORK. Nothing shall limit our liability for fraud or death or personal injury caused by our negligence. Your statutory rights are not affected.
7. Where payment for our work on your vehicle will be made using a trade or company account, our trade/company terms will apply to our work in priority to the terms written above.
9. You authorise us to remove your contaminated fuel to an authorised site for appropriate treatment (recycling).
10. Any booking that you make with us by phone or online will be subject to the Irish Distance Selling Regulations. We are pleased to provide you with the following information in accordance with those regulations:
a. Motoserve™ is the trading with our head office location is at Old Court Lane, Ballycullen Dublin 24 Telephone number 01 4443320.
b. Motoserve™ provides fuel evacuation services.
c. When we quote the price of our service, we make assumptions as to what parts your vehicle will require. If those assumptions prove to be incorrect, our price will change to take account of the parts we require for our work. For example, we may have to replace fuel filter that usually we do not have to replace for a vehicle like yours. We reserve our right to adjust our price and the amount of VAT we charge you according to the goods we supply to you in the course of providing our service to you.
d. We make no additional charge for delivery of the products that we will use in the course of providing our service. We accept payment over the telephone using most major debit or credit cards other than Diner’s Club. We also accept business/company cheques. We do not accept personal cheques. We do not accept cash payments offered to our technicians but can accept cash at our branches.
f. We will provide our service to you by appointment at a location agreed between us.
g. Normally, under the Distance Selling Regulations, if you are a consumer, you will have a right to cancel our contract for 7 working days counting from the day after the contract was formed; or, if later, for 7 working days counting from the day after you have been informed of your cancellation rights and other information as set out in these terms. However, you agree that our work on your vehicle may start before the end of the usual cancellation period and you further note and agree that your cancellation rights under the Distance Selling Regulations will end when that work starts. Accordingly, you may cancel your appointment and receive a full refund of any monies that you have paid to us at any time before we commence repair or replacement work on your vehicle. You may not cancel your appointment after we have commenced such work on your vehicle and we reserve all rights to recover payment for our service in circumstances where you attempt to cancel your appointment or require us to cease work on your vehicle after our work has commenced.
h. The validity of any price we offer you for our services is limited to the duration of the call during which the offer was made. Accordingly, we may refuse to honour a price offered to you where you do not agree to purchase the relevant service during the continuation of the call in which the offer was first communicated to you.
i. Where we have taken any payment from you in the course of you making an appointment with us, we shall hold that payment to your order until the moment we begin our work on your vehicle. With effect from commencement of our work on your vehicle, we reserve our right to retain for our account any payment you have made to us.
j. The only language offered by us for any Contract is English.
11. At Motoserve™, we are committed to reducing fraud made using credit cards. We reserve our right not to accept payment from you by debit or credit card where we suspect that by doing so a fraud may be perpetrated against us or the registered card holder.
12. Our terms of business and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims of any kind arising directly or indirectly) shall be governed by and construed in accordance with the laws of Ireland.
13. The courts of Ireland will have exclusive jurisdiction over any claim arising from, or related to our goods and services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.