Terms & Conditions
Definitions:
“ACT Smart” refers to the ACT Smart trading company as shown on the face of the invoice/statements.
Estimates, Bookings and Repair Location
The estimate prepared by ACT Smart is an offer to conduct repairs to the damage indicated at the price stated. The customer’s agreement however stated to proceed with repairs constitutes acceptance of that offer and forms a binding legal contract incorporating these terms of business.
If for any reason, including but not limited to inclement weather, ACT Smart is unable to carry out the repair or collection at the time date or location indicated on the estimate, any and all liability incurred by ACT Smart as a result shall be discharged by ACT Smart making an offer to conduct the repair at the estimate price at an alternative time date or location convenient to both parties, whether or not such time date and location is identified or such offer is acceptable.
If ACT Smart decided that the repair should be completed at a location other than that originally envisaged, the customer authorises ACT Smart to remove the vehicle to such an appropriate location. Removal and return of the vehicle in these circumstances will be a service provided by ACT Smart at no further charge.
Carrying out the repairs
ACT Smart undertakes to carry out the repairs indicated on the Estimate. If it becomes clear during the work that, in the opinion of the repairer, further work is necessary to properly complete the repairs outlines on the estimate, the customer’s authorisation and agreement will be obtained before any further work is undertaken that would increase the price shown on the estimate.
No repair will be identical to an automotive factory finish, which is machine-sprayed to tolerances beyond human capability. Hence no repair will ever be ‘as good as new’. ACT Smart discharges its obligations under any repair agreement by providing a good quality, hand-completed aftermarket repair. In normal circumstances, such as repair is unlikely to be detected by casual examination of the vehicle by an untrained observer unaware of the previous damage location.
The ACT Smart repair system includes elements (including by but limited to factory paint reproduction recipe database) that are provided by third parties. Finish (including but not limited to colour) match may be approximate only when limitations of such third party supplied elements prevent a more precise finish match. In any such case, provision by ACT Smart of an approximate finish match will be considered supply of good quality repair.
It is the absolute responsibility of the customer to advise ACT Smart of any non-original finish areas on the vehicle. In case of incompatibility with a non-original finish (whether or not notified by the customer) ACT Smart has the right void this contract – in these circumstances, ACT Smart will not be obliged to complete or rectify any repair and the customer will not be obliged to make payment. Liability for mutual contractual mistake under this agreement rests with the customer.
Extent of warranty
ACT Smart guarantees repairs for a period of three years. This is formulation and application guarantee: that the finish will not degrade due to the paint being improperly mixed or applied by ACT Smart.
No guarantee of any sort is offered against damage to the finish by any corrosion or rust (whether or not evident before the repair was carried out) by failure of the surface to which the repair is applied (including but not limited to failure of previous aftermarket paintwork repair), further accident or impact (including but not limited to stone chipping) or by inappropriate aftercare once the vehicle has been returned to the customer.
Stone chip and non-spray repairs, ‘touch-ins’ and any other repairs identified as such to the customer by ACT Smart will be on an ‘improve only’ basis, and no representation is made and no guarantee offered that such a repair will be in any way undetectable against the original finish. Repairs may be identified as an “attempt to improve only” in which case ACT Smart do not guarantee any improvement. Claims under the ACT Smart guarantee are settled by free rectification or (at ACT Smart’s discretion) a refund equal to the portion of the invoice price representing the unsatisfactory repair. Any refund or liability shall be limited to a maximum of the amount quoted upon the estimate or invoice. ACT Smart will not be liable for any consequential loss incurred as the result of a repair. It is incumbent on the customer to keep a receipt as proof of work carried out. Any warranty claim made without a receipt shall be at ACT Smarts discretion.
The warranty is not transferable.
Payment
Unless other arrangements have been agreed beforehand, payment in full is due on completion of the repair and shall be by cheque, cash, and credit or debit card (subject to the card processing fee in force at the time or payment). We regret we are unable to process payment by American express. ACT Smart is entitled to exercise a lien over the repaired vehicle until satisfactory payment is made by customer, which in the case of payment by cheque shall be deemed to have taken place when a cheque has cleared the banking process.