OFFER FOR THE AGREEMENT OF VEHICLE MAINTENANCE AND REPAIR SERVICES
XX COMPANY LLC, License No: ____________, located at the address:XXXX , represented by Mr.XXXXXX, Manager (hereinafter referred to as the CAR SERVICE), publishes this Public Offer Agreement for providing services (hereinafter referred to as the Agreement) according to the List of Services that is an integral part of this Agreement.
PREAMBLE
This Agreement is created according to the Article 131 of the UAE Civil Code that states: “a contract will be formed if there is:
(i) an offer,
(ii) an acceptance of the offer and
iii) any special conditions provided in the law (which may relate to the subject matter of the contract) are met.
in case of acceptance of the stated terms and conditions, the individual or legal entity (hereinafter referred to as the CUSTOMER) accepts the offer, pays for the Services of the CAR SERVICE in accordance with the terms of this Agreement. Payment for Services by the Customer is an acceptance of the offer, which is considered equivalent to concluding an Agreement on the terms set out in the offer.
Based on the above, please read the text of the public offer, and if you do not agree with any clause of the offer, do not pay and do not use the Services provided by the CAR SERVICE, inform the CAR SERVICE and settle terms and conditions through negotiations.
By accessing the website (or mobile application) www.metagarage.ae or placing an order, the CUSTOMER irrevocably agrees to the Privacy Policy https://metagarage.ae/privacy-policy/, Disclaimer https://metagarage.ae/disclaimer/, and Terms of Use of the platform https://metagarage.ae/terms-and-conditions/.
- SUBJECT
1.1. The CAR SERVICE undertakes to provide the services listed in clause 1.2. of this offer (hereinafter referred to as Services) on the CUSTOMER’s assignment and request, and the CUSTOMER undertakes to accept and pay for the Services rendered to the CAR SERVICE.
1.2. Within the framework of this offer, the CAR SERVICE provides the following types of services:
1.2.1. providing the CUSTOMER with comprehensive information support on the need for maintenance and/ or repair of the CUSTOMER’s car, the approximate cost of work and parts, as well as on the selection of a suitable car service organization for its implementation:
1.2.2. delivery of the car to the site of the car service and back to the place of acceptance of the car by the CUSTOMER agreed by the Parties;
1.2.3. intermediary services: upon the CUSTOMER’s order and at his expense, but on behalf of the CAR SERVICE, to provide of the third parties’ services, including car diagnostics, further maintenance and repair of the car.
1.3. The CUSTOMER is considered to have accepted (accepted) the terms of this offer in full, without any reservations and exceptions from the moment of executing the payment.
- COST OF SERVICES AND PAYMENT PROCEDURE
2.1. All prices on the Website (or mobile application) www.metagarage.ae of the CAR SERVICE and in other online resources of the CAR SERVICE are indicated in UAE dirhams (AED) and are approximate. The final price can be changed after inspecting a car, identifying the necessary work and services.
2.2. All prices include of 5 % VAT.
2.3. The payment of the services can be executed through online services by acceptable methods of payment or in the CAR SERVICE through card machine cashless.
2.4. Advance payment of 10% to 100% is required depending on the kind of service and spare parts necessary to perform the work.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The CAR SERVICE undertakes:
3.1.1. to provide the CUSTOMER the Services agreed by the Parties efficiently and in a reasonable time;
3.1.2. immediately inform the CUSTOMER about any information related to the provision of the Services;
3.1.3. guarantee the CUSTOMER the quality of the Services provided; however, the CAR SERVICE is not responsible for the spare parts provided by the CUSTOMER and in this case does not give any guarantee for the spare parts, but gives the guarantee for work (services). The warranty is determined individually for each type of service and a car.
3.1.4. to ensure the safety of the CUSTOMER’s car, the documents and spare parts handed over to the CAR SERVICE.
3.2. The CUSTOMER assumes the following obligations:
3.2.1. transfer to the CAR SERVICE for the duration of the provision of Services a vehicle, documents, spare parts and materials necessary for the execution of orders within the framework of the provision of services;
3.2.1. provide the CAR SERVICE with all the necessary and/or requested information, that is necessary for the fulfillment of the CAR SERVICE’s obligations;
3.2.2. pay for the Services rendered and the remuneration due, as well as other expenses of the CAR SERVICE on the terms and in the manner specified by this offer.
3.3. The CAR SERVICE has the right to:
3.3.1. request from the CUSTOMER additional information necessary for the provision of Services;
3.3.2. in case of violation by the CUSTOMER of its obligations, suspend or terminate the provision of Services;
3.3.3. suspend or terminate the provision of Services, in cases of identifying (discovering) new circumstances that were not previously specified by the CUSTOMER and which significantly affect the possibility of providing Services.
3.3.4. unilaterally amend the Agreement and/or the List of services, prices by publishing them on the Website, mobile application www.metagarage.ae, or any other resources allowed by the laws of UAE, еsuch changes come into force from the moment they are published;
3.3.5. send newsletters at own expense to the CUSTOMER;
3.3.6. refuse to perform the services in the absence of the CUSTOMER’s acceptance of the order;
3.3.7. refuse to perform the services in case it is found impossible to continue the work due to the absence or breakdown of the necessary equipment in the CAR SERVICE;
3.3.8. refuse to perform the services due to the unwillingness or disagreement of the CUSTOMER with the performance of additional work and, accordingly, with the increase of the cost of work revealed during the execution of work, if the failure of these works prevents the performance of previously ordered services by the CUSTOMER;
3.3.9. refuse to provide services to the CUSTOMER in case of inappropriate (rude), abusive behavior towards car service employees, in case of violation of payment terms and/or debt to the CAR SERVICE;
3.3.10. to hold the CUSTOMER’s car until the payment terms are fulfilled in the amount of the cost specified in the order;
3.3.11. to communicate with the CUSTOMER by any available means of communication be it verbally over the phone or face to face, in writing over Email, SMS, social media, WhatsApp or any other messengers.
- WARRANTY OBLIGATIONS
4.1. The CAR SERVICE provides a guarantee for the work performed. The warranty period and the procedure for its application depend on the nature of the work and on the operating conditions of the car by the CUSTOMER. The following guarantees are provided by the CAR SERVICE:
4.1.1. For car repair work (repair of the chassis, cooling system, engine, braking system, suspension, ventilation and heating) – the warranty period is not more than 1 week from the date of completion;
4.1.2. For control and diagnostic work – the warranty period is not more than 1 week from the moment of completion;
4.1.3. For the repair of the automatic transmission (hereinafter automatic transmission) – the warranty period is not more than 1 month or 1 thousand km from the moment of completion, depending on what comes first. The warranty is not provided if spare parts provided by the CUSTOMER;
4.1.4. For tin-painting works – the warranty period is not more than 3 months from the date of completion, with the exception of painting and repair works of plastic parts (bumper, moldings, linings, etc.), the warranty period for which is not more than 1 months from the date of their completion;
4.1.5. For work on the repair of electrical equipment of the car – the warranty period is not more than 1 week from the date of their completion;
4.1.6. For the installation of electrical equipment of the car (installation of parking sensors, radar detectors, video recorders, navigators, acoustic systems (tape recorders and other multimedia devices) – the warranty period is not more than 1 week from the date of completion;
4.1.7. For work on the repair of alarm control panels – the warranty period is not more than 1 week from the date of their completion;
4.1.8. The warranty does not apply to the work on mechanical polishing of block headlights and car body elements;
4.1.9. For repair of internal combustion engine control sensors, automatic transmission, systems: ABS and SRS -warranty does not apply;
4.1.10. The warranty does not apply to the replacement of lamps for external lighting of the car (incandescent, halogen, xenon, bi-xenon, LED);
4.1.11. For work on refueling the air conditioner – the warranty period is no more than 2 weeks from the moment of their completion.
4.1.12. The warranty for changing the color by gluing vinyl film is starting from 3 months.
4.1.13. The warranty for installation of electrical equipment (upgrade) is from 3 months, the warranty doesn’t apply for spare parts, only maintenance services.
4.2. The warranty period is valid only in cases when the following conditions are met by the CUSTOMER:
4.2.1. The CUSTOMER provided to the CAR SERVICE an order the work on which was carried out by the CAR SERVICE;
4.2.2. The CUSTOMER operated his car without violating the Rules of its operation, except in cases where it did not affect the services provided by the CAR SERVICE;
4.2.3. The CUSTOMER purchased spare parts used during repair at the CAR SERVICE, except in cases when the CUSTOMER provided to the CAR SERVICE his spare parts, but the expert company proved that this did not affect the work carried out by the CAR SERVICE;
4.2.4. During the warranty period, the CUSTOMER has not been involved in road traffic accidents (hereinafter referred to as accidents);
4.2.5. During the warranty period, the CUSTOMER did not contact another car repair service or did not try to “eliminate” the identified problem of repairing the car on his own;
4.2.6. The CUSTOMER informed and visited the CAR SERVICE immediately (within a week from the moment of detection), as soon as there were signs or doubts about the quality of the service provided.
- RESPONSIBILITY OF THE PARTIES
5.1. The Parties will try to resolve all disputes through negotiations. If they will not reach an agreement and will not find the solution, all disputes are subject to UAE courts.
5.2. The CAR SERVICE has the right to transfer the performance of services ordered by the CUSTOMER to third parties.
- TERM OF THE AGREEMENT
6.1. The Agreement comes into force from the moment of its Acceptance (signing of the order or payment for services) and is valid until the Parties fully fulfill their obligations.
6.2. Termination of the Agreement does not release the Parties from fulfilling the obligations not fulfilled under the Agreement.
- LEGAL ADDRESS AND DETAILS OF THE CAR SERVICE
XXXX COMPANY XXX
ADDRESS XXX
Email: info@metagarage.ae
Phone number: +971 54 792 33 09