HEK WINDSCREENS – Terms & Conditions for the provision of vehicle glass repair and replacement services, and ADAS calibration services

Please read these terms and conditions carefully in particular “Cancellation of our services” (section 5) and “ADAS Calibration Services” (section 8) below.

These terms apply to the services Hek Windscreens provide to its customers. These services are 1) vehicle glass repair and replacement services and 2) ADAS calibration services, together with any ancillary services such as the supply of other products as part of the provision of those services. They tell you who we are, how we will provide our services to you and other important information.

These terms and conditions are the legal contract made between Hek Windscreens and yourself and are deemed accepted by you when we confirm your booking.

1 Information about us and how to contact us

1.1 Who we are

Hek Windscreens is a trading name of Hek Windscreens Limited, a company registered in England and Wales. Our company registration number is 12941111 and our registered office is at 139 Glebelands Close, London, N12 0AN. Our registered VAT number is 447123896

1.2 How to contact us

You can contact us by telephoning our customer service team on 02033257687, by writing to us at info@hekwindscreens.co.uk or via web chat on www.hekwindscreens.co.uk

1.3 How we may contact you

If we have to contact you, we will do so by telephone, by text message or by e-mail using the contact details (mobile number or e-mail address) you provided to us when booking a glass repair or replacement service or ADAS calibration services on your vehicle. If your contact details change and you communicate these changes to us, we will use your updated contact details to contact you.

1.4 Changes to these terms and conditions

Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by a duly authorised representative of Hek Windscreens.

We have the right to change these terms and conditions at any time. The terms and conditions applying to your use of our services will be those in force at the time you book your appointment with us.

2 Our contract with you

2.1 How to book services with us

You can book a glass repair or replacement service or ADAS calibration services with us by calling our customer service team on 02033257687 or by booking online on our website at www.hekwindscreens.co.uk. You can also book our services via your insurer, broker and fleet provider online via their portal or by calling the number specified in your policy documents.

When you call to book an appointment with us or make a booking online via our website, we will either:

(i) confirm your booking, at which point a legal contract will come into existence between you and us on these terms and conditions and we will text or e-mail you a confirmation, or

(ii) we will confirm that we are unable to accept your booking, and where possible the reason why. This might be because:

  • you do not have insurance cover for glass repair or replacement or ADAS calibration;
  • your insurance company instructs us not to carry out the services under your insurance policy;
  • we are unable to source the required parts for the services.

If you wish to re-arrange your appointment you must contact us before midnight the day before your appointment. We do not guarantee that we will be able to re-arrange your appointment if you contact us after that time.

3 How we provide our services to you

3.1 How we provide our services and when they will be provided to you

We will perform our services to the best of our ability and offer an appointment at a time and location agreed between you and us when you call us to book an appointment or make a booking online. If we need to carry out additional checks regarding your appointment or the services to be provided, we will contact you. All repairs and replacement work are carried out to approximate timings.

3.2 Information required from you

We may need certain information from you so that we can supply the services to you and confirm your identity, for example, your name, your address, your date of birth, information on your vehicle and details of your insurance policy (if you wish to claim on your insurance). Please refer to “How we will use your personal information ” (section 11) below.

If you advise us that you want to claim on your insurance, you consent to us contacting your insurer to confirm that our work will be paid for under the terms and conditions of your insurance policy. We make no assurance as to the extent of your policy cover and you acknowledge that fact.

3.3 Changes to your booking time

We reserve the right to change your appointment time for any reason and including on the day of the appointment itself where for example there is a delay receiving your vehicle’s glass or if the glass has been damaged. If we need to change your appointment time, we will contact you and re-arrange an appointment time with you.

3.4 Right to refuse to provide our services

We reserve the right to stop or refuse to provide our services or arrange for a service where:

(i) You or anyone in attendance is behaving or has behaved in a threatening or abusive manner towards an Hek Windscreens’ employee.

(ii) You owe us money or have no immediate means to pay for the services requested.

(iii) The circumstances surrounding the vehicle for example, the location, are such that provision of the glass repair or replacement service would involve a breach of the law or there is a reasonable foreseeable health and safety risk to yourself, a third party, an Hek Windscreens’ employee or agent providing the service.

(iii) there is potential for harm or damage to the environment.

(iv) we find system errors, faults or fault codes from an ADAS pre-global check (section 8.1), damage or corrosion on your vehicle that would affect the fitment of the glass or the provision of our services. In that case, we will stop and explain your options. This is because we will be unable to complete our services.

We will not be liable for any losses and/or costs you may incur as a result of us stopping or refusing to provide our services or arrange for a service as set out above.

3.5 Where you are not the owner of the vehicle

By instructing us to carry out any services, you warrant to us that you are authorised by the legal owner of the vehicle to do so. You agree to hold us harmless and make good any losses, costs or damages which we incur as a result of any claim against us by the legal owner or registered keeper of the vehicle alleging that, or resulting from the fact that you were not authorised to instruct us to provide the services.

4 Price and Payment

4.1 Payment upfront

You agree to be responsible for the full cost of our services including parts ordered and/or fitted on your vehicle (plus any applicable VAT).

You agree that we may immediately charge you an upfront payment in respect of the provision of our services including any parts to be ordered and/or fitted on your vehicle based on the information given by you, our systems or your insurer.

4.2 Price validity

Any price quoted to you for our services is valid until midnight on the day the quote was provided to you.

4.3 Price for our services provided

When we quote a price for our services we make assumptions as to what parts your vehicle will require based on the information given by you, our systems or your insurer (where relevant). If this information is inaccurate or changes, then our price will change to take into account the additional parts required to complete the work on your vehicle or services that were provided. For example, we may have to replace an ancillary part, such as trims, which would not usually require to be replaced for your type of vehicle or we may have provided you with a quote for a type of windscreen based on information available to us when you booked your appointment, but your vehicle requires a different type of windscreen.

Prices quoted for parts required for your vehicle will be for aftermarket parts (also known as generic parts). We will charge you for the difference in price should you decide not to purchase an aftermarket part. Parts supplied to you that are made to order or special parts are non-refundable.

4.4 What you have to pay if you are not claiming through your insurer

If you are not claiming through your insurer, we will ask you to pay when we confirm your booking. Our charges will include our services and any charges for additional services (including but not limited to the costs of temporary repairs and weather proofing of your windscreen), together with VAT at the applicable rate on all charges.

If you are a business customer not claiming under your insurance, where we have an account with you, we will not take payment upfront, but you must pay each invoice submitted by us, in full and in cleared funds, within the timescale agreed with us and set out in your invoice.

 

4.5 The following paragraphs apply to all customers

4.5.1 Temporary repair and weather proofing costs

If you agree to us carrying out a temporary repair and weather proofing of your vehicle, you will be liable for its cost plus VAT at the applicable rate.

4.5.2 How you must pay

Where payment details have been taken from you whilst making a booking during the initial call, we will take immediate payment for the work to be carried out via debit or bank transfer.

 

We do not accept payments over the telephone or online with any credit card companies.

4.5.3 Additional payments

When the initial appointment is booked you may have paid for the cost of parts we intend to use for your vehicle. If our work on your vehicle requires additional parts that we did not expect to use, the price we charge and the VAT due from you may change accordingly.

In this case you agree to pay all additional cost and VAT due. We agree to refund costs and VAT paid for parts initially quoted but not required, provided that parts that have been made to order or special parts are non-refundable.

4.5.4 Applicable rate of VAT

If the rate of VAT changes between your booking and the date we provide the services to you, you will pay the applicable VAT at the time our entire services have been provided to you.

 

5 Cancellation of our services

5.1 Your right to cancel our services

You may not cancel your appointment after midnight the day before, or after we have commenced such work on your vehicle. If you seek to do so, we will not make any refund of monies that you have already paid to us.

5.2 Products and/or parts purchased and cancellation of our services

In the event you cancel, we reserve the right to charge you for any products and/or parts we purchased (that cannot be re-used) or any services we have already provided such as temporary repair and waterproofing.

6 Glass repairs and replacements

6.1 Visual appearance of the glass repair

The visual appearance of a glass repair depends on the nature and severity of the damage to the glass at the time of the repair and there is no guarantee that a repair will be successful. Until the repair process is undertaken the results will be uncertain. If you are not happy with the visual appearance of the repair we can replace your windscreen at your cost.

By agreeing to carry out a glass repair we do not guarantee that this will resolve the relevant problem, and in the absence of damage caused by our workmanship, any subsequent replacement of the repaired glass will be at your cost.

6.2 Glass cracking during a glass repair

In the course of a repair, the glass may crack beyond repair through no fault of our technicians. You accept that risk. If this happens we will ask you if you would like us to replace the glass. In these circumstances we will not charge you (or your insurers) for the repair, and we will take into account any excess, or other amounts, you have already paid to us for the glass repair by deducting these from the excess, or other amounts, payable for the glass replacement.

6.3 Corrosion

We may refuse to install a replacement windscreen on corroded metal. If we find your vehicle to be corroded our technicians will stop work immediately and explain your options.

6.4 Damage to your vehicle caused by us

If we damage your vehicle or any parts of your vehicle we can arrange and cover the cost of a repair, provided the damage to your vehicle is caused by us and does not result from or is not connected to pre-existing damage to your vehicle or parts of your vehicle that our technicians discover while providing the services, such as for example corrosion. In the event of broken particles of glass entering into any of your vehicle mechanisms, we will not accept liability.

Damage to your vehicle must be notified to us within 14 days of us providing our services. Repairs must be approved by us in advance in writing. If, without our prior written approval, you arrange a repair yourself, we reserve the right to not pay the repair costs that you incur and any refund of any such costs will be at our discretion.

6.5 Video recording

A pre and post video recording will be taken by our technician to record any visible damage existing on your vehicle. We exclude all liability for repair of damage whether visible or not, existing before we began to work on your vehicle.

7 Warranties

7.1 Lifetime glass repair and replacement workmanship warranty

We warrant that we will provide our services to with reasonable skill and care. In addition to any statutory rights you may have, we will guarantee the quality of our workmanship when undertaking a glass repair or replacement on your vehicle and we agree to correct, free of charge, any defect caused by our faulty workmanship provided that:

(i) The defect is reported as soon as possible after it is discovered or where applicable whilst you are still the legal owner, or the authorised driver, of the named vehicle; and

(ii) You arrange for the vehicle to be inspected by us as soon as reasonably practicable after discovery of any defects and you take all reasonable steps to reduce any damage that the defect may cause.

7.1.1 Windscreen chip repairs

Windscreen chip repairs are certified for quality to current BSI BSau242b Standard.

7.1.2 Glass replacements

If a glass replacement fails as a result of our workmanship where we have supplied and fitted the glass, we will refit the same piece of glass or replace it with another piece of glass at no further cost to you, as determined by us.

If we did not supply the glass fitted and a glass replacement fails as a result of our workmanship, we will not be responsible for the cost of purchasing another piece of glass, but we will refit another piece of glass at no further cost to you.

7.2 Products and parts warranty

Glass manufacturers usually provide a 12-month warranty on glass covering distortion of the glass, heater element failure or pressure cracks from trims or clips. Where we supply and fit the glass, we will, to the extent possible, transfer the benefit of any warranty given to us in respect of the glass to you, but shall have no other obligation to you in respect of the glass.

Other products and parts and windscreen wipers supplied and fitted by us have a 12-month warranty against material or manufacturing defects only, from the date of the fitting.

7.3 Limits to our warranty

Our glass repair and replacement workmanship warranty relates to our workmanship only. It does not apply:

7.3.1 to our provision of ADAS calibration services.

7.3.2 to defects in the glass itself or defects arising from normal wear and tear (including stone chips or accidental damage/willful damage or negligence by you or a third party or use otherwise than as recommended by us or the vehicle manufacturer).

7.3.3 if we do not supply a piece of glass to remove and/or refit and we will not be liable for:

  1. a) the cost of replacing the piece of glass in the event that such piece of glass fails or cracks when removing and/or refitting it; and
  2. b) the cost of any additional parts required to remove and/or refit such pieces of glass.

7.3.4 to the cosmetic appearance of repairs.

7.4 Warranty Procedure

If you would like us to repair or replace a windscreen under our warranty you must contact us as set out in “Information about us and how to contact us ” (section 1) of these terms. We will not under this warranty pay for work carried out by a third party on your instruction unless this has been approved in advance by us in writing. Failure to follow this procedure will invalidate your warranty.

8 ADAS Calibration Services

What is ADAS?

An increasing number of vehicles are now fitted with ADAS (Advanced Driver Assisted Systems). These highly sophisticated and complex systems are mounted on the windscreen and have been designed to support the driver experience and increase safety by relying on sensors that continuously and accurately monitor the environment around your vehicle. Your vehicle may also have some ADAS features operating from the camera in the front grill. The ADAS features may be compromised during a glass replacement and require ADAS calibration. 

8.1 Our ADAS calibration services – OMIT 

In addition to our glass repair and replacement services, we offer ADAS calibration services on the windscreen of a vehicle fitted with ADAS after a windscreen replacement. Before the windscreen of your vehicle fitted with ADAS is replaced, we will carry out a pre-global check of your vehicle. The pre-global check identifies any faults on your vehicle including your vehicle’s camera and ADAS features.

ADAS calibration services will be provided by us or by a local manufacturer approved dealership.

Where a vehicle has been fitted with ADAS which requires ADAS calibration services following a windscreen replacement then we (and/or sub-contractor) will:

  1. notify you that the vehicle has ADAS features which require calibration;
  2. arrange an ADAS calibration appointment with you;

iii. complete a static ADAS calibration using our trained technicians at one of our sites in the United-Kingdom. Static ADAS calibration is carried out in a workshop environment on a stationary vehicle; and/or

  1. complete a dynamic ADAS calibration at a convenient location for you. Dynamic ADAS calibration requires our technicians to drive your vehicle to calibrate the ADAS features;
  2. confirm that your vehicle’s camera is calibrated at the time of the services being completed and issue a certificate showing that the ADAS calibration has been successful.

In the event that, following a windscreen replacement, static ADAS calibration and/or dynamic ADAS calibration are not available through us or you are unable to attend one of our sites due to distance, we will sub-contract the provision of ADAS calibration services from a local manufacturer approved dealership.

8.1 Our Disclaimer if ADAS calibration is not completed

In the event that your camera is not calibrated at the same time as your windscreen is replaced or an attempted calibration is not successful and requires further calibration, then neither you nor any other driver of your vehicle should rely upon the functionality of your vehicle’s ADAS Device and/or use your vehicle’s ADAS Device until it has been successfully calibrated in accordance with the relevant manufacturer’s accuracy. It is critical that your ADAS device is calibrated to ensure your safety. Failure to comply with this warning may lead to damage to your vehicle, and may make it dangerous to drive, increasing your risk of an accident resulting in death and/or personal injury.

8.2 Our responsibility for loss or damage suffered by you or third parties

Subject to section 10, we do not accept any liability whatsoever to you or any third party (whether in contract, tort, negligence or otherwise) arising from or in connection with:

  • your failure to ensure that your vehicle’s ADAS device is calibrated in accordance with your vehicle manufacturer’s recommendations;
  • any use of and/or reliance by you upon your vehicle’s ADAS device prior to it having been calibrated in accordance with your vehicle manufacturer’s recommendations;
  • the calibration (or attempted calibration) of your vehicle’s ADAS device by you or any third party not authorised by us; 
  • the functionality and/or accuracy of your vehicle’s ADAS device following calibration (or attempted calibration) by you or any third party not authorised by us;
  • any cost incurred by you as a result of work carried out by a third party in removing and/or fixing any faults or fault codes identified in our pre-global check of your vehicle.

9 Events outside of our control

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9.1 We are not responsible for events outside of our control

If the supply of our services is delayed as a result of an event outside of our control then we will contact you as soon as reasonably practicable to re-arrange your appointment. If there is a risk of substantial delay or that we may not be able to perform the services, you may cancel the services and you will receive a refund for any services and products you have paid for but not received, except for special parts or products made to order which are non-refundable.

If, due to weather conditions, it is not safe for our technicians to conduct any work or the glass repair or replacement services cannot reasonably be carried out to the required standards, then we reserve the right to re-arrange your appointment. We will contact you as soon as possible to agree a new appointment time with you.

Events outside our control include but are not limited to acts of God, pandemic, outbreak of hostilities, riot, civil disturbance, acts of terrorism, fire, subsidence, explosion, flood, snow, fog or other bad weather conditions, poor condition of the vehicle or equipment or systems in the vehicle, shortage of fuel or glass or other necessary suppliers (including glass suppliers), failure of telecommunications lines or systems, default of suppliers or subcontractors, theft, malicious damage and strikes.

10 Our responsibility for loss or damage suffered by you

10.1 We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms and conditions, we are responsible for foreseeable loss or damage you suffer that is a result of our breach of this legal contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of us agreeing to provide our services, both we and you knew it might happen, for example, if you discussed it with us during the booking process.

10.2 We are not liable for commercial or business losses

If you use your vehicle for any commercial, business purpose or travelling to work we will have no liability to you for any loss of profit, loss of revenue, loss of income, charges or expenses incurred for loss of use of your vehicle, loss of business, business interruption, damage to goodwill, wasted management time and/or loss of business opportunity.

For the avoidance of doubt, we will not be responsible for losses and/or costs incurred by you as a result of us not completing our services as set out in section 3.4.

10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

We do not exclude or limit our liability in any way for:

  1. a) fraud or fraudulent misrepresentation;
  2. b) breach of the terms implied by Section 12 of the Sales of Goods Act 1979 (title and quiet possession);
  3. c) breach of your legal rights in relation to the products including the right to receive products which are:

(i) as described and match information we provided to you ;
(ii) of satisfactory quality;
(iii) fit for any particular purpose made known to us.

10.4 We are not liable for damage to or loss of your property

You must ensure that you remove all personal belongings and/or valuables from your vehicle prior to our technicians providing the services. We are not responsible for any theft, damage, destruction or loss of your property or belongings when providing services to you whether on our premises or at your property.

11 How we will use your personal information

We will only use your personal information that we receive from you, your insurer or another third party such as your broker as set out in our Privacy Policy and Cookies Policy as it appears from time to time on our website. 

12 Other important terms

12.1 Fraud prevention

We are committed in reducing fraud made using credit cards. We reserve our right not to accept payment from you by debit or credit card where suspect by doing so a fraud may be perpetrated against us or the registered card holder.

12.2 Complaints

If you have a complaint about our services, you can contact us by writing to us at info@hekwindscreens.co.uk

12.3 Nobody else has any rights under this contract

This legal contract is between you (the legal owner of vehicle) and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to its terms.

12.4 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5 Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.

12.6 Which laws apply to this contract and where you may bring legal proceedings

These terms and conditions are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the English courts.

If you live in Scotland you may bring legal proceedings in respect of our services in either the Scottish or the English courts. If you live in Northern Ireland you may bring legal proceedings in respect of our services in either the Northern Irish or the English courts.