Summary
Maverick Diagnostics LTD supplies goods and services only subject to these terms and any person (herein after called the ‘Customer’) supplied by Maverick Diagnostics LTD (hereinafter called ‘Maverick’) accept these terms will govern all contractual relations between them to the exclusion of any terms contained in any Customer’s documents even if the Customer’s terms purport to provide that the Customer’s own or some other terms prevail.
No employees or other person acting or purporting to act on behalf of Maverick is authorised to agree or effect any alteration in these terms or make or give any representation or warranty in relation to the goods or services save only that a Director of Maverick may in writing agree such alterations or make or give such representations or warranties.
Registration Process
The Onus for the vehicle manufacturer diagnostic registration process is firmly with the Customer, not with Maverick.
A third party cannot legally carry out a vehicle manufacturer’s diagnostic tool registration processes. The registration processes strictly adhere to EU6 & UK regulations applying to security and personal data protection ( GDPR ). Maverick will assist and supply guidance in the form of a written guide and over the phone consultations. Please be aware: vehicle manufacturers can change the process at any time without any notice this can differ from the written Maverick guide although maverick will endeavour to keep this information up to date,
Please note: In Maverick’s experience “The time between initial manufacturer acceptance and final set up entirely depends on the persistence of the Customer to carry out the further application stages. Regular checking of inboxes during the various stages of application is essential, the Customer should make this monitoring a daily task”
Reasons for Rejection of application
Vehicle manufacturers will reject applicants for specific reasons, you must honestly declare to a member of the Maverick team if you don’t meet the criteria before attempting to apply.
Common Rejection Reasons:
- Non-VAT registered or expired VAT number
- No Limited company status – can be exempt if VAT registered in certain cases
- No registered premises – for example, Mobile mechanic in certain cases
- Incomplete or poor financial status – for example, county court judgements
- Wrong SIC code on companies house (correct 45200 – Maintenance and repair of motor vehicles)
- Advertising to carry out DPF removal or remapping
- Use of vehicle manufacturer’s logos on a website or social media
Application Assistance
Maverick will assist you with the initial customer portal registration phase. Once the first stage is successful you are now the “manufacturer’s customer” you will often need to follow and complete various registration processes and security processes on the manufacturer’s portal and or in written form. Maverick is not responsible for any customer’s failure to complete the process. In most cases Maverick will provide a written registration guide to assist with registration and provide over the phone support, many vehicle manufacturers have their own registration support portals Maverick suggest all customers carefully follow the guidelines from the vehicle manufacturers before contacting Maverick.
Payment of Accounts
All accounts must be paid no later than the 30th day of the month following the month in which the goods were invoiced. Any dispute/query relating to the quality of goods or services provided must be stated in writing within two weeks of receipt. In the event of default in payment, Maverick reserves the right to suspend or cancel credit facilities and to charge an additional account service charge at a rate of 2% over the normal Bank Base Interest Rate at monthly intervals on the overdue portion of the account until the arrears are cleared. If any goods are purchased online, the goods will not be shipped until payment has been cleared in Maverick’s account. It is the Customer’s responsibility to ensure that payment is made to Maverick by the due date.
Limit of Liability
We shall have no responsibility (beyond the cost of the equipment supplied to you by Us) in respect of any consequential or pure economic or any other losses suffered by you or your customers as a result of any failure of any equipment or service supplied to You by Us or through us or to You via a 3rd party including, but not limited to, internet router and associated hardware, service SIM, network service, cabling, and You agree that this clause shall pass the Unfair Contract Terms Act 1977 (or any replacement or amended legislation) test of reasonableness.
Subscriptions
- Payable by debit or credit card only, held securely on Barclays payment platform.
- Subscriptions are on a rolling monthly fee.
- Payment date is the date of inception of the subscription.
- Subscriptions can be cancelled by giving 30 days notice.
- Customers must be willing to supply replacement card details upon receipt of replacement new cards as they expire/lost/stolen etc, or the subscription will cancel along with service provided.
- Customers are eligible to upgrade or downgrade their subscriptions at their discretion.
Returns
We regret that goods specially ordered, made or manufactured cannot be accepted for credit. Goods correctly supplied may only be returned if accompanied by the relevant invoice details. Goods returned after a period of 4 weeks may only be accepted with the authority of a Manager or Director of Maverick and will be subject to a handling charge of 15% of the price charged to the Customer.
Damage or Shortage
Damage or shortage of goods found by the Customer must be notified to Maverick within three days of delivery. Failure to do so will free Maverick from any liability in this respect.
Fitness for Purpose
Maverick takes every care with regard to the quality and standard of manufacture of the goods it supplies as far as it is able to. However as the goods are used for a multiplicity of purposes, and Maverick has no control over the method of their application or use, Maverick excludes so far as it legally may do so any condition or warranty implied by statute or otherwise as to the fitness of its goods for any particular purpose. Any technical cooperation between Maverick, its suppliers or the Customer shall not affect this condition. Under no circumstances shall Maverick be liable for any loss of profit or contracts or other consequential loss or damage on the part of the Customer however caused.
Reservation of Title Because of the large number of individual part numbers and references and the unique applications of individual automotive parts and supplies it is recognised by the Customer that it is outside the bounds of normal possibility for any parts or supplies of the same number or reference on the Customer’s premises not to relate to parts and supplies of the same part number or reference supplied by Maverick.
Notwithstanding delivery and passing of the risk, legal and beneficial ownership shall remain in Maverick until full payment for the goods has been made. Until ownership passes the Customer shall hold the goods as Bailee for Maverick and must keep the goods free from any charge, lien or other encumbrance. The Customer shall have possession of the goods but shall at all times remain accountable to Maverick on a fiduciary basis in respect of the goods or the proceeds of sales of the goods until payment in full has been made to Maverick.
Maverick and its associated companies shall be entitled to repossess all goods not paid for if any sum due in respect of goods remains unpaid by the due date. Maverick and its associated companies may enter upon the premises of the Customer to repossess such goods. Where goods supplied by Maverick can be identified on the premises of the Customer, and Maverick can produce invoices or other evidence of supply of such goods, this evidence will be accepted as proof of supply of the goods by Maverick irrespective of whether or not the invoice can be specifically related to the particular item/s on the Customer’s premises.
Price
Prices shall be as ruling at the date of despatch.
Quotations
Quotations do not constitute an offer and shall not bind Maverick until an order has been placed and accepted.
Acceptance of Order
Orders are only accepted once the goods have been delivered. Processing of a payment and acknowledgement of an order does not constitute a legally binding contract.
Statutory Rights
All orders whether oral or written are subject to these terms but nothing in these shall be deemed to affect the statutory rights of the Customer.
Customers Terms
Maverick does not recognise any terms and conditions of contract supplied by the Customer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Director of Maverick. Execution of, compliance with, or implementation of orders does not imply acceptance of the Customer’s terms and conditions.
Unfair Contract Terms
Maverick has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1994 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If the Customer considers these terms to be unreasonable they must inform Maverick in writing before any contract is made, otherwise the Customer will be deemed to have accepted that Maverick’s terms are fair and reasonable.