FIRST RESPONSE MOBILE MECHANIC COLCHESTER LTD
Terms and Conditions of Service
TERMS AND CONDITIONS OF SERVICE
IMPORTANT CONTRACT NOTICE
By (a) paying any fee, (b) placing a booking request, or (c) allowing us to attend site or commence work, you confirm that you have read, understood and agreed to these Terms and Conditions in full. These Terms constitute a legally binding contract between you and First Response Mobile Mechanic Colchester Ltd.
If you do not agree, you must not make payment, request a booking, or permit attendance or work to begin.
1. Definitions and Interpretation
1.1 In these Terms:
Company, we, us, our means First Response Mobile Mechanic Colchester Ltd.
Customer, you, your means the individual or entity requesting Services.
Vehicle means the motor vehicle identified in the booking request.
Services means any mobile diagnostic, inspection, repair, servicing, recovery assistance, or related mechanical or electrical work carried out by us.
Technician means any employee, contractor, or agent acting on our behalf.
Booking means an appointment request accepted by us in writing (including by email, SMS, or payment confirmation).
Virtual Account means the customer account against which payments are recorded as service credit.
Credit means non transferable service value held on a Virtual Account, redeemable only against our Services.
Breakdown means a mechanical or electrical failure rendering the Vehicle unsafe or inoperable.
Temporary Repair means a short term intervention intended to enable limited movement, testing, or temporary operation and not a permanent remedy.
1.2 Headings are for convenience only and do not affect interpretation.
2. Scope of Services and Service Limitations
2.1 We provide mobile mechanical services. We do not provide insurance, roadside membership, or guaranteed recovery cover.
2.2 Services are provided on a best endeavours basis and are subject to factors beyond our control including:
(a) Vehicle condition and accessibility
(b) safe working conditions and site safety
(c) weather and environmental conditions
(d) availability and lead time of parts
(e) operational capacity and scheduling constraints.
2.3 We may refuse, suspend, or withdraw attendance and or Services where, acting reasonably, we consider it unsafe, unlawful, impractical, or likely to cause damage or risk to persons or property.
2.4 Services are limited to the Vehicle stated in the Booking. Additional vehicles or additional work beyond the agreed scope require a separate agreement and may require additional payment.
2.5 You must ensure the Technician has safe access to the Vehicle, adequate working space, and the Vehicle keys and any security codes required (where applicable).
3. Bookings, Acceptance and Pre Work Communication
3.1 A Booking is not confirmed until we confirm it in writing and or you have made the required payment (as applicable).
3.2 Times provided are arrival windows and are estimates only. Delays can occur due to traffic, prior jobs, parts delays, weather, or operational necessity.
3.3 You must provide accurate Vehicle details (including registration, make, model, engine where relevant) and accurate location details. If incorrect details cause wasted attendance, delay, or inability to proceed, this will be treated as a cancellation and or chargeable attendance as set out below.
4. Pricing and Payment Policy
4.1 Unless we agree otherwise in writing, payment in full is required in advance to confirm any Booking.
4.2 All payments are recorded as Credit on your Virtual Account and will be redeemed against Services supplied.
4.3 Credit:
(a) has no cash value and is not a bank account, deposit account, or stored value facility
(b) is non transferable and may only be used by the Customer named on the Booking
(c) may only be redeemed against our Services
(d) cannot be exchanged, gifted, assigned, or withdrawn, except where a cash refund is required by law.
4.4 Credit is applied when we allocate resources to your Booking, including but not limited to scheduling, technician allocation, parts ordering, travel planning, or attendance on site.
4.5 Diagnostic and labour charges are payable for time, skill, and expertise. They are not contingent upon a particular outcome and do not guarantee that a fault will be conclusively identified or repaired at the first visit.
4.6 Where we supply parts, title to those parts remains with us until paid in full. Risk in parts passes on fitment or delivery to the Vehicle, whichever occurs first.
5. Chargebacks, Payment Disputes and Administration Fees
5.1 Where a Customer initiates a chargeback, card dispute, or payment reversal (a Payment Dispute), we reserve the right to:
(a) dispute the Payment Dispute and submit evidence including booking records, communications, call recordings, technician logs, photographs, diagnostic data, and Terms acceptance records
(b) suspend further Services until the dispute is resolved and cleared funds are received
(c) recover reasonable costs incurred in dealing with the Payment Dispute, including an administration fee as set out at clause 5.2, to the extent permitted by law.
5.2 Payment Dispute Administration Fee
If you initiate a Payment Dispute, you agree to pay a £200 administration fee reflecting the operational and evidential costs of responding, provided this fee is fair and proportionate in the circumstances and permitted by law. We may invoice this fee and pursue recovery through civil debt recovery processes if unpaid.
5.3 Nothing in these Terms limits your statutory rights to raise a genuine dispute with your payment provider. However, where Services have been provided, attendance has occurred, or resources have been allocated, you accept that we will robustly contest any reversal that does not reflect the contractual position.
6. Cancellations, No Access and Rescheduling
6.1 Customer cancellation
If you cancel a confirmed Booking, a £60 cancellation fee applies. The remaining balance (if any) remains as Credit on your Virtual Account. No cash refund is provided except where required by law.
6.2 No access or missed appointment
If the Technician attends and cannot access the Vehicle, cannot obtain keys, cannot safely work, or is prevented from commencing work due to information or access failures within your control, this will be treated as a cancellation and clause 6.1 applies. Time and attendance may also be chargeable where reasonably incurred.
6.3 Rescheduling by us
We may reschedule due to illness, weather, Technician breakdown, parts delays, or operational necessity. Where we reschedule, your Credit remains on your Virtual Account for the rescheduled Booking. If rescheduling causes you material inconvenience, we will act reasonably to offer an alternative slot.
7. Credit Validity
7.1 Credit remains valid for 12 months from the original payment date, after which it may expire unless we agree otherwise in writing.
7.2 Expired Credit is not refundable except where required by law.
8. Refunds
8.1 We do not provide cash refunds as a matter of policy except where required by law.
8.2 Discretionary exception
A discretionary refund may be considered within 24 hours of payment only where all of the following apply:
(a) no attendance has occurred
(b) no meaningful allocation or preparation has been made (including scheduling, parts activity, or resource allocation)
(c) written approval is given by us.
8.3 Any approved refund may be subject to reasonable administrative deductions reflecting actual costs incurred.
9. Diagnostics, Repairs and Outcomes
9.1 Diagnostics identify likely causes based on available evidence and the limitations of mobile testing. Many warning lights, fault codes, and symptoms can have multiple root causes.
9.2 Where further strip down, specialist tools, dealer level programming, workshop equipment, or extended testing is required, we will advise and may recommend further work, recovery, or referral.
9.3 Temporary Repairs may be offered where a permanent repair is not possible immediately. Temporary Repairs are not guaranteed to provide long term resolution.
9.4 We are not responsible for deterioration, non start, or additional faults arising from:
(a) pre existing faults or damage
(b) latent defects
(c) manufacturer design faults or known issues
(d) previously incorrect repairs or modifications
(e) consequential failures not reasonably foreseeable from the reported symptoms.
10. Parts
10.1 Parts supplied by us will be OEM, OEM equivalent, or aftermarket unless otherwise agreed in writing.
10.2 Customer supplied parts are fitted entirely at your risk. We provide no warranty as to the suitability, quality, or compatibility of customer supplied parts and are not liable for any associated failure or consequential damage, except where caused by our negligence.
10.3 Electrical and programmed components may be non returnable once fitted or once packaging is opened, subject to supplier terms and statutory rights.
11. Vehicle Eligibility and Working Conditions
11.1 You confirm that the Vehicle is road legal (unless it is being diagnosed or repaired as non road legal by agreement), not overloaded, and is within safe working limits.
11.2 Modified vehicles, commercial vehicles, specialist vehicles, or vehicles in unsafe condition may require additional charges or may be refused at our discretion for safety and practicality reasons.
12. Safety, Behaviour and Termination
12.1 Abusive, threatening, aggressive, discriminatory, or inappropriate behaviour towards staff will result in immediate termination of Services and departure from site.
12.2 Where Services are terminated under clause 12.1, no refund will be provided and any remaining Credit will be retained to the extent it reflects time, attendance, and costs reasonably incurred, subject always to statutory rights.
13. Liability
13.1 We are not liable for loss of earnings, loss of profit, missed appointments, loss of business, or any indirect or consequential losses.
13.2 Subject to clause 13.3, our total liability arising out of or in connection with the Services (whether in contract, tort, or otherwise) is limited to the value of the Services actually paid for and provided.
13.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited or excluded by law.
14. Consumer Rights
14.1 These Terms are intended to comply with the Consumer Rights Act 2015.
14.2 Nothing in these Terms affects your statutory rights. Where there is a conflict between these Terms and your statutory rights, your statutory rights prevail.
15. Misuse and Fraud
15.1 Any attempt to misrepresent faults, obtain unauthorised refunds, or misuse payment systems may result in refusal of future service and may lead to civil recovery action and or reporting to relevant bodies where appropriate.
16. Data Protection and Recording
16.1 Personal data is processed in accordance with UK GDPR and applicable data protection legislation.
16.2 For quality, training, and evidential purposes, we may record calls, messages, and job activity (including photographs and diagnostic screenshots). Where recordings are used for dispute resolution, they may be shared with payment providers, insurers, legal advisers, and debt recovery agents where necessary and lawful.
17. Governing Law and Jurisdiction
17.1 These Terms and any dispute or claim (including non contractual disputes or claims) are governed by the laws of England and Wales.
17.2 The courts of England and Wales have exclusive jurisdiction.
18. Company Details
First Response Mobile Mechanic Colchester Ltd
Phone: 01206 645 195
Email: help@mobilemechaniccolchester.com
Website: www.mobilemechaniccolchester.com