By sharing your information with us, requesting a quote or by using the Service you agree to have read and be bound by the terms & conditions mentioned herein. If you disagree with any part of the terms then you may not access the Service
1. The price quoted at the time of assessment of work entrusted to Us for the Service to be provided may change if there are any change in the scope of work or if the initial estimate was incorrect due to any reason whatsoever including but not limited to unavailability of clear and accurate pictures for evaluation, additional damages underneath parts / panels etc.
2. Delivery of the Vehicle shall be upon payment of full charges finally notified by Us to You. No Cheque payment will be acceptable and all charges has to be payable via online mode which includes UPI, Credit Card, Net Banking, or similar channel that are acceptable to Us or internet banking to account notified by Us or card payment options available in Our office or cash.
3. If the Services to Your Vehicle is conducted at location requested by You, then You undertake to provide sufficient facility to park our service vehicle to conduct service and acknowledge to authorize our personnel to conduct service. Any hindrance or complaints raised by your neighbours or other person with Your building shall be resolved by You directly and keep Our personnel protected from any claim or complaint.
4. If the Services to Your Vehicle is conducted at location requested by You then You undertake to pay the charges notified upon completion of Service immediately and without any delay or demur. In the event You fail to pay the charges notified for the services completed then You authorize us to tow the Vehicle to our office or such other designation at our discretion and all cost associated with towing shall be payable in addition to charges payable by You along and the an interest of 6% per annum shall automatically apply, without any notice, on unpaid charges from date due till date of payment. In the event of any dispute such dispute must be resolved by meeting Us at Our office and in no manner whatsoever that You have right to withheld the charges invoiced to You. You acknowledge to indemnify all cost, damages, expenses and losses incurred by Us for any action initiated against Us or Our personnel by You in violation to the terms mentioned agreed in this section and other parts of the Agreement.
5. If the Vehicle is ready for delivery and You have not made payment till the end of working day (6pm IST) then the Vehicle shall be retained at our Service Center at Your risk and if the Vehicle remains within Service Center for time greater than 12am of our working day then, in addition to charges invoiced to You, You will be liable to pay Rs. 250/- (Rupees Two Hundred & Fifty) per day, irrespective of number of hours the day it was retained within our Service Center or Our designated location. It is extremely critical for Us that You accept the Vehicle at the earliest possible time, which in no event should be later than end of that day (6pm IST), by paying the charges once Service is completed and notified to You for us appropriately accommodate other customers vehicle within Our Premises to provide services to them or for Us to utilized the premises for Our operational activity. You acknowledge that We have a legal lien upon the Vehicle left with US until all charges notified by US are fully paid and no legal action in any manner whatsoever shall be brought against Us due to such lien enforced on the Vehicle, on any account.
6. The timeline mentioned for completion of the Service by Us at the time the Vehicle was given to Us for Service is an estimate and may exceed based on the efforts required to complete the Services. We will take all reasonable endeavours to complete the Services as soon as possible and We will keep you notified if there are any delay. We will not be able to take any responsibility due to delay in delivery, due to the nature of these services / repairs
7. You authorized Us and Our designated resources to use the Vehicle as part of Service.
8. If You requested Us to provide any pick-n-drop facility of Your Vehicle, You acknowledge that We don’t provide any express or implied warranty or any undertaking and such service are provided at Your risk. Any damage to the Vehicle must be met through Your Vehicle insurance. Any difference between the total charges applicable after completion of repair to fix such damage and cost approved by Your insurance provider shall be payable by You. If Your Insurance declines to cover any damage then charges applicable to fix such damage has to be paid by You and shall remain Your sole responsibility. If the Vehicle has to be moved to manufacture authorized service center or any other service center of Your choice for fixing any damage then We will only pay the Tow-Vehicle charges payable to deliver the Vehicle to such manufacturer authorized service center or service center of Your choice provided the nearest manufacturer authorized service center must be utilized which in no event shall exceed … km from Our Service Center or from the location were the damage occurred, as sole and exclusive remedy. If you have paid any fees to Us for pick-drop service then in addition to expenses agreed by Us in this section, We will reimburse such charges as Your sole and exclusive remedy.
9. Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required, every endeavour will be made to match the existing colour schemes, using the OEM recommended approach & tools.
10. We may terminate or suspend Our Service, for any reason whatsoever, without any liability, including without limitation if you breach the Terms and Our sole responsibility during such termination shall be to refund any advance charges that You have paid based on Our estimate provided within 3 to 10 business days.
11. In the event You decide to cancel the Service then,
- if the Service has begun and You request us not to complete the Service then You will still be liable to pay the charges that were notified to You as estimate at the time of delivery or charges that we notify depending of amount of Service completed, whichever is greater.
- If Services didn’t start prior to cancellation then Your liability will be limited to 10% of the quoted amount or Rs. 1,000/- (Rupees One Thousand) whichever is higher, which is to cover expenses to allocate space, resource for Service. If any specific procurement has been made to complete Your Vehicle Service then in addition to sum mentioned in this section, You will be liable to pay the charges as shall be notified by Us.
12. While we take all reasonable efforts to use appropriate paint or materials to be similar with vehicle original paint or parts similar to made available by manufacturer, you acknowledge that the paint quality is beyond our control and accordingly except for the warranties expressly set forth, all our service are provided on as-is basis and we make no express or implied, warranties or conditions of title, merchantability or fitness or suitability for a particular purpose. All such representations, warranties and conditions being hereby fully disclaimed.
13. In no event will our aggregate liability for all damages or injuries to you ever exceed 50% of charges paid by you for the vehicle service and this limit of liability shall apply regardless of the form of action, whether in contract, negligence, strict liability, tort, products liability or otherwise, and even when other remedies are impossible or ineffective. both parties understand and agree that the remedies and limitation of liability herein allocate the risk of loss and claims for damges under this agreement from you to us. the charges reflect, and are set in reliance upon, this allocation of risk and the exclusion of consequential and incidental damages under this agreement.
14. You hereby agree and authorize all of our divisions, affiliates, subsidiaries, related parties and other group companies to access your basic data / contact details provided herewith, i.e. your name, address, telephone number, e-mail address, birth date and / or anniversary date. You hereby consent to, agree and acknowledge that We may call/ email/ SMS you on any of the basic contact details shared by You, in order to assist You with the Services availed by You; keep you informed regarding our services or product details, or send you any marketing and our other product or service related communication and our other offers. You confirm that you are providing the details herein at your sole discretion and confirm that you have full capacity and authority to provide the abovementioned details and these details are true and accurate. You promise that We shall not be held responsible or liable for any claim arising out of accessing or using your basic data/contact details shared by You. We are authorized to post picture of Your Car in our website or other marketing materials as reference of our services undertaken.
15. These terms & conditions shall be governed by laws of India. You and Touch-Up People agrees that any dispute under the terms mentioned herein shall be first resolved by manager of Ours and You and if our Manager is unable to resolve any dispute that You must escalate the dispute to firstname.lastname@example.org for resolution through mutual negotiation before any legal steps are initiated. Any negotiation between You and Us towards dispute resolution are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Any claims regarding the Service, You must initiate the dispute resolution within 5 (five) calendar days from final delivery of the Vehicle from Us to You. In the event parties are unable to resolve dispute amicably then any court-filed legal actions shall be held within the appropriate venue within the exclusive jurisdiction of the courts in Chennai, Tamil Nadu, India.
16. You acknowledge that you were requested to read these terms & conditions and discuss and clarify any changes to these terms and that you are proceeding after having fully understood the terms mentioned herein. Theset terms & conditions, including any schedules attached hereto, represents the entire understanding and agreement between the parties relating to the subject matter hereof, and supersedes any and all previous proposals, representation in any form, agreements, discussions and communications between the parties.
17. Neither party (You or Touch-Up People) shall be in breach of the terms mentioned herein for failure to fulfill its material obligations under these terms & conditions and/or Statement of Work, if such failure is caused by acts of God, riots, acts of war, flood, drought, terrorism, epidemics, pandemics, governmental regulations imposed after the facts, fire, communication line failure, power failure, earthquakes, volcanic eruptions or other disasters. Your inability to pay to Us for Services rendered cannot be invoked as a Force Majeure Event.
18. The failure of either party (You or Touch-Up People) to strictly enforce any rights set forth in this Agreement, or granted at law or in equity, shall in no way be construed to be a waiver of such right.
19. If any provision of the terms mentioned herein, or the application of any such provision to any Person or circumstance, is held invalid or unenforceable to any extent, such invalidity shall not affect the validity of all other provisions mentioned in this terms & conditions which can be given effect without the invalid provision or application and this Agreement shall be construed and both Parties shall amend this Agreement, so as to give effect as nearly as possible to the intent of the invalid provision or application
20. Unless otherwise expressly provided, no changes, modifications, additions to or amendments of the terms mentioned herein shall be effective unless made in writing by You and / or Our authorised representative.
21. All notices, demands, communications given or required to be given under these terms & conditions shall be in writing and shall be sent by means of personal delivery or by nationally/internationally recognized courier or through registered post available at postal department of India.