Terms and Conditions
1. These terms & conditions apply to all Services rendered and Parts supplied by or through Auto Buzz and Buddy or “AUTOBNB” here within.
2. Any electronic or paper documentation issued by AUTOBNB and accepted by the Customer forms part of the agreement.
3. This document may be executed in any number of counterparts, any of which may be delivered by fax, e-mail, phone or any other online form or an application (App) and still form one single agreement, which is not required to be signed by the Vendor to be binding.
4. Vehicle Hand-over
4.1 The customer warrants that the customer is the owner of the vehicle or that the customer has the necessary authority, as the agent of the owner, to enter into this agreement and hereby indemnifies AUTOBNB and/or AUTOBNB’s its Service Provider against any claim of any nature made by any party arising out of or related to the conclusion of this agreement and the vehicle being towed.
4.2 By requesting AUTOBNB’s service, Customer authorize AUTOBNB and/or AUTOBNB's its Service Provider to take care of his/her vehicle including driving and/or testing the vehicle inside and outside the AUTOBNB’s Service Provider’s premises to provide the requested service.
4.3 Customers shall not are requested (A request is just that not mandatory I think you need to make this mandatory in order to absolve yoruslef of any claim potentially) not to leave any personal belongings in their vehicles (e.g. gold, key chain, lighters, CD/DVD or money etc..) whether it be valuable items including money or jewelry or/and safety-related items including lighters or explodrable gas container. The AUTOBNB and/or the AUTOBNB’sits Service Provider takes no responsibility for any loss of items or/and damages caused by safety-related items remaining within the vehicle.
5. Technical/Professional Advice
5.1 In the event of the Customer electing not to accept the technical/professional advice given by AUTOBNB and/or its Service Providers, the Services are performed and Parts provided by the AUTOBNB and/or Service Providers are at the Customer’s sole and absolute risk.
5.2 In an event described in the preceding paragraph, the Customer waives any/all rights to claim damages from AUTOBNB and/or its Service Providers, including consequential damages and pure economic loss and further indemnifies Autobnb against any loss or damage suffered by the Customer and/or any third party.
6.1 If a Customer elects not to receive an estimate for the costs of diagnostics, including disassembly and/or re-assembly of the Customer’s property when required, the Customer assumes the risk for the reasonable costs associated therewith.
6.2 Although AUTOBNB and/or its Service Provider will take all reasonable care in disassembly and/or re-assembly of the Customer’s property, the customer acknowledges that damage may occur to such property due to many reasons, including pre-existing defects or damage occasioned by virtue of the nature of the diagnostics process and/or natural wear and tear of parts and agree that such diagnostics are performed strictly subject to the Customer’s waiver in favor of AUTOBNB and its selected service providers of any/all rights to claim damages arising therefrom.
6.3 If the Customer elects not to proceed with any Work for whatsoever reason after diagnostics have been performed and advice/recommendation haves been made, including not accepting estimate of work provided by AUTOBNB and/or AUTOBNB’s its Service Providers, the Customer will accept and remove its property in a disassembled condition and if re-assembled, without warranty and under liability for the reasonable re-assembly costs.
6.4 The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable.
7. Services & Parts
7.1 AUTOBNB and/or its Service Providers will provide technical advice, diagnostics, Services and Parts with the degree of skill and workmanship that could reasonably be expected from an entity or person conducting the business of AUTOBNB and/or of AUTOBNB’s its Service Providers.
7.2 All Services will be rendered and Parts provided in accordance with the technical advice given by AUTOBNB and/or its Service Providers or if specific instructions are given by the Customer, then in accordance with such instructions.
7.3 Should the Customer allege any of the Services rendered or Parts provided to be defective in any manner, the Customer shall give AUTOBNB and/or AUTOBNB’s its Service Providers a reasonable opportunity to inspect same.
7.4 The Customer has the right to cancel the rendering of Services and/or provision of Parts at any time, it being understood that the Customer will be liable to AUTOBNB and/or its Service Providers for all costs incurred up to the time of cancellation.
7.5 AUTOBNB and/or AUTOBNB’s its Service Providers shall make great efforts to render the Services and provide the Parts as soon as is possible, but within a reasonable time. However, customer understands and accepts that there are areas that AUTOBNB and/or it Service Providers are not able to control such as those including availability of Spare Parts or Service.Or Service availability
7.6 Any approximation of the time required to render the Services and/or provide the Parts and/or any dates given for completion constitute estimates only and shall not be binding on AUTOBNB and/or AUTOBNB’s its Service Providers.
7.7 Failure by AUTOBNB and/or AUTOBNB’s its Service Providers to complete the Services and Parts on or before any given date will not entitle the Customer to cancel the agreement unless a reasonable time has been exceeded without notice in advance and then subject to the Customer paying the Vendor for the costs of Services and Parts provided up to and including date of cancellation.
7.8 AUTOBNB and/or its Service Providers shall not be liable for any damages and/or consequential damages and/or economic loss due to late completion and/or cancellation due to failure to complete at any given time.
7.9 AUTOBNB and/or AUTOBNB’s its Service Providers will not be liable for any loss or damage arising due to any pre-existing latent defect in the Customer’s property.
8. Additional Services & Parts
8.1 Unless the parties agreed that no additional Services will be rendered or Parts provided without the Customer’s express consent, AUTOBNB shall be entitled to render such additional Services and provide such additional Parts as may reasonably be required, the reasonable costs whereof the Customer undertakes to pay.
8.2 The rendering of additional Services and provision of additional Parts shall not, unless expressly agreed to the contrary, constitute a new agreement and shall be subject to these terms and conditions.
9. Repair Charges & Spare Parts Pricinge
9.1 All prices given by AUTOBNB and/or AUTOBNB’s its Service Providers to the Customer shall constitute an estimate and not a quotation.
9.2 All Customers are entitled to receive estimates from AUTOBNB and/or AUTOBNB’s its Service Providers and a Customer choosing not to receive an estimate does so at his/herits own risk. and agrees to pay AUTOBNB the reasonable costs for the Services and/or Parts (Why parts)caused by taking its own risk. (Also not clear what you are trying to say here.) Are you saying that you want to be paid for the service if the customer does not order the parts from AUTOBNB
9.3 Should any dispute exist as to what would constitute the reasonable costs under the circumstances, the Customer will pay such costs pending resolution of the Dispute and will not be relieved from accumulating storage costs pending resolution of such Dispute.
9.4 Estimates are given subject to the Customer’s acceptance that costs may fluctuate in accordance with the actual costs of Parts provided and Services rendered.
10.1 The Customer is liable for XX% payment for upfront payment when required and as requested for such as Spare Pparts purchases, service fee, and/or repair charge and upon completion of work or if cancelled for the remaining balance., In the event of a customer upon cancellation, the customer will be liable for all charges that have been incurred up to cancellation including storage and parking fees of the and any and all work conducted on Customers vehicle. up time of cancellation.(Dirk, can you rephrase this as it seems not correct sentence)
10.2 AUTOBNB is entitled to require a deposit or/and payment rather than putting just a deposit.(This sentence does make sense) Are you trying to say the following: AUTOBNB requires a deposit of xx% of the sum total quoted for the customers vehicle. With such a deposit being paid in advance of any work being undertaken. Funds must be clear and free in favour of AUTOBNB before any work is undertaken.
10.3 AUTOBNButobnb’s willingness to accept payment in any form other than cash, constitutes an indulgence for the benefit of the Customer, which may be revoked at any time.
10.4 All payments, including upfront payment, deposit and/or full payment, shall be remitted and processed through AUTOBNB’s online payment gateway either on AUTOBNB’s website or on a payment link via email or wire-transfer to corporate bank account.
10.5 Customer agrees that no work will commence and/or delivery of vehicle be processed until upfront payment, deposit and/or full payment of rendered services is settled.
10.6 Should any dispute of payment arise at any given point once Customer has released their property to AUTOBNB and/or AUTOBNB’s its Service Providers must be settled prior to delivery of property. Any and all costs, including costs for storage of property will be the sole responsibility of Customer and must be settled prior to delivery/release of property to Customer.
11.1 Possession of the Customer’s property is taken by AUTOBNB and/or its Service Provider strictly is subject to the provisions of this agreement.
11.2 The Customer authorizes AUTOBNB and/or AUTOBNB’s its Service Providers to transport its property from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics or transfer to and/or from any third party.
11.3 Any transportation of the Customer’s property is undertaken strictly subject to it being done at the Customer’s risk and under waiver of any/all claims arising therefrom, except if AUTOBNB and/or AUTOBNB’s its Service Providers is grossly negligent.
11.4 Although all reasonable care will be taken with the Customer’s property in Autobnb and/or its Service Providers possession, AUTOBNB shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.
11.5 Possession will only be returned to the Customer upon full payment being received by AUTOBNB and/or its Service Providers, unless otherwise agreed by AUTOBNB and/or its Service Providers, and allowing the Customer to inspect or test the property does not constitute giving possession.
12. Collection, Storage & Lien
12.1 The Customer will be notified upon completion and will shall allow AUTOBNB or its Service Provider to deliver collect or arrangement of the property as soon as possible, but within 7 3 calendar days from being so notified, unless there’s mutual agreement in advance. ( I thought the ides was to deliver the car)
12.2 AUTOBNB will be entitled to charge a reasonable storage fee for uncollected property after said 7 3 calendar days. and uncollected property may be sold if not collected within 30 days
from final notice. (Mickey this is very diffuclt to do as selling cars in the UAE requires a legal case and if the car is mortgaged then you need to get past the bank first that owns the car)
12.3 The Customer acknowledges that its property will at all times be subject AUTOBNB and/or its Service Provider’s lien, which will may only be extinguished upon receipt of full payment by AUTOBNB and/or its Service Providers, including third party costs incurred by AUTOBNB and/or its Service Providers on behalf of the Customer. (I am not sure that this is enfrocable in the UAE better for lawyer Ha to comment)
12.4 The Customer consents to a lien in favor of AUTOBNB and/or AUTOBNB’s its Service Providers arising from unpaid storage costs and third party costs.
13.1 If any of the Services or Parts are covered by a warranty given AUTOBNB and/or its Service Providers, then such warranty is subject to specific terms and conditions in addition to these terms and conditions.
13.2 If any AUTOBNB’s Service Provider or its third party gives a warranty, the shorter period and terms shall be governed unless pre-explained nor pre-notified about the warranty.
13.3 such warranty will run concurrently with any warranty given by AUTOBNB and any statutory warranty.
13.4 If the Services to be rendered and/or Parts to be provided are covered by an existing non-vendor warranty or other maintenance- and/or service plan, it is the Customer’s responsibility to make arrangements for payment of AUTOBNB and/or its Service Providers and will remain liable to AUTOBNB and/or its Service Providers until paid in full.
13.5 Unless expressly agreed to the contrary in writing, no warranty for the workmanship(labor) given by AUTOBNB and/or its Service Providers shall be valid for a period of longer than 21 months from date of completion. No warranty shall be given for any spare parts whether it be genuine parts or non-genuine parts unless any specific warranty is provided.
13.6 No warranty given by AUTOBNB and/or its Service Providers will cover abuse, excessive or abnormal use, use contrary to any manufacturer’s specifications or normal wear and tear.
13.7 AUTOBNB’s liability arising from any warranty claim from a customer shall not be more then XX100% of the invoiced value ofn the specific root-causes and furthermore will shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts. I have no other suggestions on this..
14. The Customer
14.1 The Customer warrants that he/she it is the owner of the property entrusted to AUTOBNB and/or AUTOBNB’s its Service Providers or is duly authorized to enter into the agreement with AUTOBNB on behalf of the owner.
14.2 The Customer undertakes to pay AUTOBNB and/or its Service Providers as agreed and if acting in a representative capacity, the signatory hereof binds himself/herself as surety and co-principal debtor with his or her principal in favor of AUTOBNB and/or its Service Providers.
15. Refund Policy
AUTOBNB may offer a partial refund of either Service Fee, Repair Charge or any other Charge received based on the outcome of the review of each case at its sole discretion. The Customer acknowledges that AUTOBNB reserves the right to change the terms of its refund policy at its sole discretion. In general, AUTOBNB will do honor requests for refund where the following cases apply: The refund policy cannot be excercissedexercised in conjunction with paragraph / point 14.6 of this agreement. In the following cases, AUTOBNB refunds either for Service Fee, Repair Charge or any other Charge received shall be dependent on each of every cases. The refund policy is at the full and final discretion of Autobnb Managmengment
15.1 If the Customer requests cancelation of the service:
15.1.1 Service Fee
126.96.36.199 Before activation of AUTOBNB or its Service Provider to pick up the Customer’s property, AUTOBNB shall refund 100% of the payment received, unless non-refundable prepayment to third party has been made.
188.8.131.52 During activation of AUTOBNB or AUTOBNB’s Service Provider to pick up the Customer’s property but not reached to the Customer’s property, AUTOBNB shall refund 50% of the payment received, unless non refundable prepayment to third party has been made.
184.108.40.206 After AUTOBNB or its Service Provider has picked up the Customer’s property, AUTOBNB shall refund 30% of the payment received, unless non-refundable prepayment to third party has been made.
220.127.116.11 After AUTOBNB or/and AUTOBNB’s Service Provider has started carrying out the service, AUTOBNB shall not refund the payment received.
15.1.2 Repair Charge
18.104.22.168 Before AUTOBNB and/or its Service Provider has started to repair work, AUTOBNB and/or its Service Providers shall refund 100% of the payment received, unless non-refundable prepayment to third party has been made.
22.214.171.124 After AUTOBNB or/and AUTOBNB’s Service Provider has started to repair work, AUTOBNB shall refund a certain percentage of the payment received, subject to the level of progress or/ amount of work has been made for the repair work on the customer’s property.
15.2 Refund process may take shall take upto 30 3-14 ( I would propose just 30 working days as a credit transcation would take that at least) business days to complete in case the payment made by credit card due to internal process from payment gateway.
16.1 This document together with other documents referenced herein is the full and only agreement in force.
16.2 No change to this agreement and/or this clause will be valid unless in writing and signed by both parties.
16.3 The Customer chooses the (physical) addresses and particulars provided when applying for service request for the purpose of pick up the property. all purposes arising from the agreement. Is this for communication or pick up and delivery of vehicle)
16.4 Any indulgence granted by AUTOBNB will not constitute a waiver of any rights or create a new agreement.
16.5 If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.
16.6 This agreement is also available in Arabic upon request. In the event of any discrepancy, the English version shall prevail.. Depends under which jurisdiction you are operating is it DIFC or Dubai Law
16.7 This agreement has been read, understood and acknowledged in full and the tick and click mark on the web page ticked by the customer at the time of requestiongrequesting the service online is acknowledgement in place of a full clinetclient signature. Customers who contact Autobnb via the call center will be required to acknowledge the agreement in writing by clicking on the link or accepting the quote provided by email. .(Just make sure it is translated verbation on a like for like basis so that there is no variation)