Terms of business for vehicle glass repair and replacement services – our contract with you
1. When using this Site, you are dealing with Carglass Limited, trading as Carglass®. In these terms references to “we” or “Carglass®” or “our” means Carglass Limited. By asking Carglass® to carry out vehicle glass repair and replacement work 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 claim on an insurance policy and you are not the policyholder, you promise that your dealings with us are made with the authority of the policyholder. If we have not been appointed as agent of the insurer to handle a claim under a policy issued by that insurer and our work for you includes handling a claim under a policy issued by that insurer, you appoint us as your agent to handle the claim on your behalf. The signature (made by you or your representative) that we receive at the time of the appointment confirms our authority to handle the claim on behalf of the policyholder.
2. Where available to us, we check the latest information submitted to us by insurers to confirm that our work may be paid for under your insurance policy. We make no assurance as to the extent of your policy cover and you acknowledge that fact.
3. IN THE COURSE OF REPAIR, GLASS MAY CRACK BEYOND REPAIR THROUGH NO FAULT OF OUR TECHNICIAN. YOU ACKNOWLEDGE THAT RISK. If that happens, we will ask if you would like us to replace the glass. If you wish to proceed with replacement, you agree that paragraph 4 below shall apply to that service. We will take into account any excess you may have already paid to us.
4. YOU AGREE TO BE RESPONSIBLE TO US FOR THE FULL COST OF OUR SERVICE TO YOU. . If you have glass cover, you may be able to claim a contribution to our costs under your insurance policy. If you are making a claim under your policy through Carglass®, you agree to pay us any excess stated under your policy and that we may collect the balance of our fee from your insurer. If your insurer declines cover under your policy, you agree to pay us our usual retail price applicable to the service we performed for you.
5. If the policyholder is registered for VAT, the policyholder agrees to pay VAT on our service. When you booked your appointment, you may have paid VAT calculated on the cost of the materials we usually use for a vehicle like yours. If our work on your vehicle requires us to use materials (such as a trim or clip) that we did not expect to use for the job, the price we charge and the VAT due from you may change. In that case, you agree to pay all additional costs and VAT due to us and we agree to refund our costs and VAT to the extent the amount you should have paid reduces.
6. The visibility of a repair to glass depends on the nature of the damage at the time of repair. If you are not happy with the look of our repair, we can replace your windscreen if you pay the required amount.
7. 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 BEGIN TO WORK ON YOUR VEHICLE..
8. We will perform our service to the best of our ability at a time and location to be agreed between us. We reserve the right to change our appointment time with you for any reason. We will notify you in advance of any change to the agreed appointment time. If you have a complaint about our service, please call 800-Carglass (800-22745277) or write to Customer Services c/o Carglass® 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.
9. 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 CARGLASS® DO NOT INTEND THAT CARGLASS® 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.
10. We are unable to install a replacement windscreen on corroded metal. If we find your vehicle to be corroded, we will stop work. In that case, we will explain your options.
11. Certain vehicles now have Advanced Driver Assistance Systems (ADAS) cameras mounted on their windscreen. Vehicle manufacturers specify that certain of those ADAS cameras require recalibration following replacement of the vehicle’s windscreen. Currently, Carglass® is not able to provide that service. After we have completed our work, you may arrange for your vehicle’s camera to be recalibrated at your own cost at a specialist supplier of that service, which may include the vehicle’s dealership network. Where recalibration is recommended for your vehicle’s ADAS camera, before making your booking with us we will advise you of that fact and check that you wish us to proceed with replacement of your vehicle’s windscreen.
12. 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.
14. You authorise us to remove your damaged vehicle glass as waste (European Waste Catalogue 16-01-20) to an authorised site for appropriate treatment (recycling).
15. 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. Carglass® is the trading name of Carglass Limited, company number 59088 whose registered office and head office location is at Bur Dubai, Al Quoz Industrial, Dubai, United Arab Emirates. Telephone number 800-Carglass (800-22745277). Fax number: 01 465-9772.
b. Carglass® supplies vehicle glass repair and replacement services and products.
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 a trim 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. Where you make a claim under your insurance and we have received the relevant information from your insurer, we will advise you of the excess we believe you are required to pay and will claim the balance of our fee from your insurer. Where we have been unable to validate your policy details in advance of providing our services to you, we shall rely on the information that you provided to us. We reserve all our rights to recover payment for our services in all circumstances including without limitation where information you have provided to us was incorrect regardless of whether you are at fault.
e. 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.
15. At Carglass®, 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.
16. 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 UAE.
17. The courts of UAE 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.
Date of issue: 8 October 2014