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Terms & Conditions

Terms & Conditions 

DKS Commercials Ltd
Commercial Vehicle & Trailer Repairs, Servicing & Maintenance

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These Terms and Conditions apply to all work undertaken by DKS Commercials Ltd ("the Garage"). By requesting or authorising any work, the Customer agrees to be bound by these Terms and Conditions.

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1. Definitions

Customer means the individual, company or organisation instructing the Garage.

Vehicle includes all commercial vehicles, HGVs, LGVs, vans, trailers, semi-trailers, plant equipment and associated components.

Services include servicing, maintenance, repairs, diagnostics, inspections, MOT preparation, PMI inspections, welding, fabrication, recovery, roadside assistance and any other work undertaken by the Garage.

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2. Estimates and Quotations

  • Estimates are provided in good faith and are not fixed quotations unless confirmed in writing.

  • Hidden defects may only become apparent once dismantling has commenced.

  • The Garage will seek approval before undertaking additional work where reasonably practicable.

  • All prices are exclusive of VAT unless otherwise stated.

 

3. Authorisation

Authorisation may be given by:

  • Signed job card

  • Purchase order

  • Email

  • Telephone

  • Text message

  • Fleet management instruction

Such authorisation constitutes acceptance of these Terms.

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4. Labour Charges

Labour is charged at the current hourly rate applicable at the time work is undertaken.

Minimum charges may apply for:

  • Diagnostic work

  • Mobile call-outs

  • Roadside assistance

  • Out-of-hours work

  • Breakdown attendance

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5. Parts

The Garage may supply:

  • Genuine manufacturer parts

  • OE quality parts

  • Aftermarket parts

  • Reconditioned components

  • Exchange units

Unless specifically requested otherwise.

Special order parts may require payment in advance and are generally non-returnable.

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6. Customer-Supplied Parts

The Garage accepts no liability for:

  • Failure of customer-supplied parts

  • Incorrect parts supplied by the customer

  • Additional labour required due to defective or unsuitable parts

  • Loss of manufacturer warranties

Labour remains fully chargeable regardless of component failure.

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7. Diagnostics

Diagnostic investigations are chargeable irrespective of whether repairs proceed.

The Customer understands that:

  • Multiple faults may exist.

  • Further investigation may be required.

  • Electronic diagnostics cannot identify every mechanical defect.

  • Additional diagnostic time may be required.

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8. Repairs

All repairs are carried out using reasonable skill and care.

The Garage cannot guarantee that repairing one fault will identify or rectify unrelated defects.

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9. Preventative Maintenance Inspections (PMIs)

Where PMIs are undertaken:

  • Inspections follow the agreed inspection schedule.

  • They do not replace the driver's daily walk-round inspection.

  • The operator remains legally responsible for vehicle roadworthiness.

  • Any defects identified will be recorded and advised.

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10. MOT Preparation and Testing

The Garage may prepare vehicles for MOT testing.

The Garage will not carry out the actual MOT test itself but can arrange for this to be done at an authorised third-party.

The Customer remains responsible for maintaining roadworthiness from preparation to test and post-test.

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11. Brake Roller Testing

Brake testing may be carried out using approved testing equipment.

The Customer accepts that:

  • Existing worn components may fail during testing.

  • Brake performance may reveal previously undetected faults.

  • Additional repairs may become necessary before legal standards are achieved.

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12. Tachograph Services

Where tachograph work is arranged:

  • The Garage will undertake or arrange calibration, repair or inspection where authorised.

  • The Customer remains responsible for ensuring legal compliance with all operator licensing requirements.

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13. LOLER Inspections

Where lifting equipment inspections are undertaken:

  • Reports reflect the condition of equipment on the inspection date.

  • Continued compliance depends upon proper maintenance and operation.

  • Repairs identified are not included unless separately authorised.

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14. Welding and Fabrication

The Customer acknowledges that:

  • Welding repairs are undertaken on the visible condition of the structure.

  • Corrosion or hidden defects may extend beyond visible damage.

  • Additional repairs may become necessary after dismantling.

  • Structural repairs may require replacement rather than repair where safety is compromised.

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15. Tyres

Tyre services include:

  • Replacement

  • Repairs

  • Balancing

  • Inflation

  • Puncture repairs

The Garage will only repair tyres where legally and safely permissible.

Wheel alignment is recommended where suspension or steering repairs have been completed.

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16. Roadside Assistance and Recovery

Call-out charges apply from the time the technician leaves the depot until return.

Additional charges may apply for:

  • Recovery vehicles

  • Towing

  • Specialist lifting equipment

  • Ferry charges

  • Congestion charges

  • Tolls

  • Out-of-hours attendance

Recovery cannot be guaranteed within any specified response time.

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17. Mobile Repairs

Where work is carried out at the Customer's premises or roadside:

  • Safe working conditions must be provided.

  • The Customer remains responsible for site safety.

  • The Garage may refuse work where conditions are unsafe.

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18. Road Testing

The Garage may road test vehicles where necessary for:

  • Diagnosis

  • Confirmation of repairs

  • Brake testing

  • Steering evaluation

  • Transmission checks

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19. Fleet Maintenance Agreements

Where maintenance contracts exist:

  • Scheduled servicing must be presented on agreed dates.

  • Missed inspections may invalidate service schedules.

  • Emergency repairs outside the agreement remain chargeable unless specifically included.

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20. Driver Defect Reporting

Drivers remain responsible for completing daily defect reports.

The Garage accepts no liability for defects arising after the vehicle has left its premises.

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22. Overnight Parking

Vehicles left outside normal working hours are left entirely at the Customer's risk unless otherwise agreed in writing.

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23. Environmental Charges

The Garage reserves the right to charge reasonable environmental fees covering disposal of:

  • Waste oil

  • Filters

  • Batteries

  • Tyres

  • Coolant

  • Hazardous waste

  • Contaminated materials

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24. Payment Terms

Unless a credit account exists:

Payment is due immediately upon completion.

Accepted payment methods include:

  • Bank transfer

  • Cash (subject to legal limits)

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25. Trade Credit Accounts

Approved account holders shall pay invoices within: 30 days from invoice date.

Late payment may incur:

  • Interest under the Late Payment of Commercial Debts (Interest) Act 1998

  • Debt recovery costs

  • Suspension of future credit facilities

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26. Retention of Possession (Garage Lien)

The Garage shall retain possession of any vehicle, trailer or equipment until all outstanding invoices have been paid in full.

Where payment remains outstanding, the Garage reserves all rights available under English law to recover its costs.

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27. Warranty

Unless otherwise stated:

Labour Warranty: 12 months

Parts Warranty: Manufacturer's warranty only

Warranty excludes:

  • Fair wear and tear

  • Abuse

  • Neglect

  • Accident damage

  • Overloading

  • Incorrect operation

  • Customer supplied parts

  • Third-party repairs

  • Lack of maintenance

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28. Limitation of Liability

The Garage shall not be liable for:

  • Loss of profits

  • Loss of contracts

  • Vehicle downtime

  • Consequential loss

  • Indirect financial losses

Liability shall not exceed the value of the invoice relating to the work undertaken except where prohibited by law.

Nothing excludes liability for death or personal injury arising from negligence or any liability which cannot legally be excluded.

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29. Abandoned Vehicles

Vehicles remaining uncollected after written notice may be disposed of in accordance with applicable legislation to recover outstanding charges.

Storage charges shall continue until disposal.

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30. Complaints

Any complaint regarding workmanship must be submitted within 14 days of discovery.

The Garage shall be given reasonable opportunity to inspect and rectify any verified defect before third-party repairs are undertaken.

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31. Force Majeure

The Garage shall not be liable for delays arising from events beyond its reasonable control including:

  • Parts shortages

  • Industrial action

  • Severe weather

  • Fire

  • Flood

  • Utility failure

  • Government restrictions

  • Supplier delays

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32. Data Protection

Customer information will be processed in accordance with applicable UK data protection legislation.

Information may be used for:

  • Completing repairs

  • Fleet maintenance records

  • Warranty claims

  • Legal compliance

  • Accounting purposes

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33. Health and Safety

Customers must ensure that vehicles presented for repair:

  • Are free from hazardous loads unless declared.

  • Are safe to inspect.

  • Have isolated dangerous equipment where required.

  • Comply with any site-specific safety requirements.

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34. Governing Law

These Terms and Conditions shall be governed by the laws of England and Wales.

Any dispute shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

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Acceptance

By requesting or authorising any repair, inspection, maintenance, recovery or other service, the Customer confirms that they have read, understood and accepted these Terms and Conditions.

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