SPOTiCAR SpringFest '24 Terms & Conditions
1. In this Contract:
a. "Accelerated Payment" means any payment required by the Dealer in order for the Balance (plus any available Promotional Contribution) to meet the relevant Service Cost at the time the Vehicle is presented for service, pursuant to clause 13.
b. "Authorised Repairer" means a motor vehicle repairer located in the United Kingdom, the Isle of Man or the Channel Islands which is party to an Authorised Repairer agreement with the Manufacturer.
c. "Balance" means the sum paid by the Customer at any time towards the Total Payment, less any Service Cost(s) and/or Management Fee(s) and/or Cancellation Fee due at such time. For the avoidance of doubt, this excludes any Promotional Contribution.
d. "Cancellation Fee" means the sum paid by the Customer to the Dealer in respect of costs incurred in the event of early termination of the Contract. The Cancellation Fee is subject to VAT at the standard rate in effect at the date of cancellation.
e. "Contract" means this contract between the Customer and the Dealer whereby the Dealer agrees to provide the Services subject always to these Terms and Conditions.
f. "Customer" means the person named on the front page of this Contract for whom the Dealer has agreed to perform the Services.
g. "Dealer" means the motor dealership named on the front page of the Contract and which is an Authorised Repairer.
h. "Dealer Group" means the Dealer and all other motor dealers forming part of the same group of companies as the Dealer and which are Authorised Repairer(s).
i. "Deposit Payment" means a sum payable (if any) by the Customer towards the Total Payment, payable on the date of the commencement of the Contract.
j. "Direct Debit Payment Scheme" means the facility offered to the Customer to pay towards the Total Payment due by way of monthly Direct Debit payments payable on the day of each month specified on the front page of this Contract.
k. "Management Fee" means a fee payable by the Customer in respect of costs incurred in the routine administration of the Contract. Management Fees are subject to VAT at the standard rate in effect at the date of the payment.
l. "Manufacturer" means the manufacturer of the Vehicle.
m. "Promotional Contribution" means a sum payable by the Dealer or Dealer Group or Manufacturer towards the Total Payment.
n. "Service Cost" means the cost of parts and labour incurred by the Dealer or Dealer Group in the provision of the Services.
o. "Service Plan Provide"” means EMaC Limited, EMaC House, Southmere Court, Electra Way, Crewe, CW1 6GU.
p. "Service(s)" means the routine maintenance services relevant to the Vehicle at the appropriate service intervals as specified in the Service Specification.
q. "Service Specification" means the Manufacturer or Dealer recommended service intervals and operations for the Vehicle current at the date of this Contract. For the avoidance of doubt, the Dealer retains the right to specify the applicable service intervals and operations.
r. "Direct Debit Payments" means the monies payable by the Customer towards the Total Payment, from time to time in accordance with the Direct Debit Payment Scheme.
s. "Total Payment" means the total sum payable by the Customer pursuant to this Contract as specified overleaf, as varied by changes to VAT (if any).
t. "Vehicle" means the motor vehicle more fully described on the front page of this Contract.
2. The Dealer agrees to provide the Services up to the value of the National offer. The Service(s) may only be carried out by the Dealer (or any site within their dealer group) that this plan has been taken out with.
3. The Dealer's liability in respect of the Service is limited to providing vehicle servicing in accordance with the Service Specification for the relevant service interval.
4. Any additional work carried out and/or materials supplied by the Dealer not included in the relevant Service will be the responsibility of the Customer and will be payable on collection of the Vehicle.
5. The Dealer’s obligations under the Contract will cease once all the Services have been provided pursuant to the Service Specification or the Customer or Dealer cancels the Contract.
6. This plan is not transferrable.
7. If the Customer wishes to terminate this Contract prior to all Services having been provided, written confirmation is required from either the Customer or an authorised representative of the Dealer stating the Account Number, Vehicle registration and Customer name and address. If such termination is more than 60 days from the date of the Contract or if Services have been provided and Service Costs incurred then termination shall be subject to payment of the Cancellation Fee, which ordinarily will be deducted from the Balance. This plan is not eligible for a Customer refund. Details of the amount of the Cancellation Fee are available at any time from the Service Plan Provider. To cancel your Contract, please visit https://www.emac.co.uk/cancel-your-plan/.
8. The Dealer and the OEM acknowledge that the Service Plan Provider is entitled to collect all or part of the Total Payment and acts as agent for the Dealer in relation to the collection of any payments pursuant to the Management Fee(s).
9. The Dealer’s Standard Terms and Conditions (a copy of which is available on request) shall apply to all vehicle servicing work carried out by the Dealer pursuant to this Contract.
10. The Customer is reminded that if the Vehicle is still covered by the contractual warranty which came into force on the first registration then the continuing validity of such warranty may be affected if the Vehicle is not serviced at the time and mileage intervals appropriate to it. The Customer is strongly advised to refer to the service handbook of the Vehicle for further information and is advised that in the event of any inconsistency between this Contract and the service handbook as to when Services are due, then the service handbook must be assumed to be accurate. If a Service is due in respect of the Vehicle, then it is the responsibility of the Customer to arrange for that Service to be carried out regardless of whether the payments made to date under the Contract are sufficient to pay for the cost of the Service.
11. All non-service related items detailed in the Service Item Breakdown section of the contract may be subject to change at the Dealer’s discretion.
12. This Contract shall terminate on the earliest of the following events (a) On the end date/mileage specified as part of the Service Specification detailed within the Contract ; (b) On the Vehicle having received all Service(s) covered by the contract (c) Cancellation of the contract subject to clause 7.
13. Data Protection Act 2018. For the purposes of the Data Protection Act 2018, the Data Controller in relation to information you supply Service Plan General Terms and Conditions. Page 1 is the Dealer. The Data Processor is the Service Plan Provider who may share the information provided, together with other information, with organisations who are the Service Plan Provider's business partners, suppliers or agents, for the purposes of customer services, order fulfilment and financial and account administration. The Service Provider will not transfer the information you provide to any country outside of the European Economic Area without firstly obtaining the Dealer's consent. When you have given the Service Plan Provider information about another person, you confirm that they have authorised you to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice. You have the right to ask for a copy of your information (for which the Service Plan Provider may charge a small fee in accordance with data protection legislation) and to correct any inaccuracies. The Service Plan Provider may monitor and/or record telephone calls for staff training and security purposes, and to improve the quality of services that is provided.