Agency Retail Sales and Integrated Service Package Terms and Conditions
Where the Customer is a consumer nothing in these terms and conditions shall affect the Customer's statutory rights TERMS AND CONDITIONS
1. Definitions
1.1 “Terms and Conditions” means the provisions as set out in this document and as amended from time to time.
1.2 “Seller” means Mercedes-Benz UK Limited (registered in England and Wales with Company Number 02448457).
1.3 “Customer” means the person who purchases the Goods from the Seller.
1.4 “the Goods” means the motor vehicle to be purchased by the Customer on the Order.
1.5 “the Order” comprises the order form to which these Terms and Conditions are attached.
1.6 “the Contract” comprises the Order, these Terms and Conditions and Specification documents. In the event there is any inconsistency, the documents shall have the order of precedence as listed in this clause 1.6.
1.7 “Specification” means the Seller’s UK standard specification or such other specification as may be agreed between the Seller and the Customer which is duly detailed in the Order, subject to clause 4.
1.8 “Finance Company” means Mercedes-Benz Financial Services UK Limited (registered in England and Wales with Company Number 02472364), or such other finance provider as may be approved by the Seller from time to time.
1.9 In these Terms and Conditions words defined in the Order have the same meanings when used below.
1.10 “Events Outside Seller’s Control” means any circumstance not within the Seller’s reasonable control as detailed in clause 13.2.
2. Interpretation
2.1 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
2.2 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
3. Formation of the Contract
3.1 The Terms and Conditions apply to the Order to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law (notwithstanding terms which cannot be excluded at law), trade custom, practice or course of dealing.
3.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with the Terms and Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
3.3 This Contract in respect of the Goods purchased by the Customer is subject to acceptance by the Seller issued electronically by the Seller to the Customer.
3.4 If the Customer chooses to pay for the Goods using a finance agreement with a Finance Company then the Customer will be required to enter into an agreement with the Finance Company and the Seller will sell the Goods to the Finance Company. Please refer to clause 12 for more details.
4. The Vehicle and Price
4.1 The Seller confirms the Goods shall conform to the details set out in the Order.
4.2 The Goods may be delivered with minor alterations to the specification where such alteration does not render the Contract fundamentally different to its intention or interfere with the Customer’s statutory rights.
4.3 The Goods may be amended without limitation in order to comply with applicable safety, statutory or other regulatory requirements. The Seller shall notify the Customer of changes to the specification of the Goods in the Order to comply with applicable safety, statutory or other regulatory requirements.
4.4 In the event of a model being superseded, the Seller reserves the right to supply an equivalent replacement model. If the Customer does not accept the equivalent replacement model, the Customer may cancel the Order prior to the delivery of the Goods.
4.5 The Goods shall have the benefit of such standard warranty from the manufacturer as is provided by the manufacturer as at the date of delivery. Details of the terms of that warranty can be found in the handbook located in the Goods or obtained from the Seller on request.
4.6 If the Seller shall vary the Contract price for the Goods in any way after the date of this Order for any reason before supply of the Goods, the Seller shall be entitled to give the Customer written notice that it intends to vary the Contract price and shall specify the proposed variation.
4.7 The Customer shall have the right within 14 days of receipt of such notice in 4.6 to cancel the Order and obtain reimbursement of any deposit paid. If the Customer fails to give such notice the price as varied by the Seller's notice shall become the Contract price for the Goods and the Customer shall be obliged to pay that price.
4.8 If the Goods cease to be manufactured the Seller may (whether an estimated delivery date has been provided or not) cancel the Order by notice in writing to the Customer. The Seller shall then refund to the Customer any deposit paid.
5. Payment and Passing of Property
5.1 The amount payable under the Contract is the price as specified in the Order. If no price is quoted, the price set out in the Seller’s published price lists in force as at the date of delivery shall be the amount payable.
5.2 The Goods shall remain the property of the Seller until the price has been paid in full with cleared funds by the Customer. Title to the Goods shall only pass at the time of full payment in cleared funds. Unless otherwise agreed by the Seller payment shall be in pounds sterling.
5.3 Until the Goods are paid for in full the Customer shall grant the Seller (including its agent):
5.3.1 A full lien over the Goods;
5.3.2 An irrevocable right to repossess the Goods until such time as full payment for the Goods has been received by the Seller in cleared funds; and
5.3.3 An irrevocable licence at any time to enter using reasonable force (including breaking locks where necessary) any premises where Goods are or may be located in order to inspect and/or recover them. In the event that the Customer moves the Goods to premises owned by a third party, the Customer shall procure a licence in favour of the Seller to enter the premises of that third party for the purposes of repossessing the Goods.
5.4 The Goods will be the responsibility of the Customer and therefore risk shall pass from the time that the Goods are delivered to the Customer if the Seller is responsible for delivery or from collection from the Seller’s agent’s site if the Customer is responsible for collection. The actual time of delivery or collection will be the time that the keys to the Goods are passed to the Customer or the Customer’s agent by the Seller or the Seller’s agent.
5.5 Any transit damage (including missing items such as: spare wheel; manuals; tools and jack) should be noted on the vehicle delivery note and, in any case, shall be notified to the Seller in writing within 24 hours of delivery. The Seller (or their agent) will remedy any noted defects which are accepted as such by the Seller as soon as reasonably practicable.
5.6 The Customer may only reject the Goods if they have major transit damage, are materially non-compliant with the Specification, are fundamentally un-roadworthy, or in exercise of the Customer’s applicable statutory rights. Any such rejection must be received by the Seller (or June 2024 agent) in writing within any applicable statutory period of rejection. The rejection must state the reasons for such rejection and, where requested by the Seller, the Customer shall provide reasonable evidence supporting such rejection.
5.7 If the Customer exercises their statutory right to reject the Goods, a refund (full or partial) will only be processed upon the Seller or the Seller’s agent having possession of the Goods (including all keys, manuals, tools and jack) and V5C document for the Goods, from the DVLA and/or the Customer.
5.8 The Seller reserves the right to deduct a reasonable amount from the refund to take account of the use the Customer has had of the Goods in the period since it was delivered to the Customer, taking into consideration mileage travelled, any damage caused and the condition of the Goods.
6. Delivery
6.1. Any delivery date given by the Seller is estimated only. Delivery by such estimated date is not guaranteed by the Seller and until clause 6.3 below has been invoked the Customer shall have no right to demand a refund of the deposit or to cancel this Order should that date not be adhered to.
6.2 In the event of a delay in delivery date, the Seller or agent shall contact the Customer as soon as possible and will take steps to minimise the effect of the delay. The Seller shall not be required to supply Goods in the sequence in which orders are placed. For the avoidance of doubt, delivery is at the Seller’s agent’s place of business unless otherwise determined in accordance with the Order.
6.3 If the Seller fails to make the Goods available for delivery within 30 days of any estimated availability date stated in this Order then, unless the Customer has agreed to any such delay, the Customer may upon expiry of the 30 day period by notice in writing to the Seller require delivery of the Goods within 10 days of receipt of such notice. If the Goods are not made available for delivery to the Customer within the said 10 days the Contract shall be cancelled and the Customer's deposit shall be refunded. The Customer's deposit shall not bear interest.
6.4 The Seller will, if requested by the Customer, provide a written explanation as to why there is a delay in making the Goods available for delivery.
6.5 If the Customer fails to take and pay for the Goods in pounds sterling within 14 days of being notified by the Seller or the Seller’s agent that they are available for delivery, the Seller shall be entitled to treat the Order as cancelled by the Customer and any deposit shall be refunded subject to clauses 7.2 and 7.3.
6.6 If the Customer shall fail to collect or accept delivery of the Goods having paid in full and title having passed to the Customer then the Seller or the Seller’s agent may store the Goods at the Customer’s expense for a period of 90 days. If collection has not taken place in 90 days the Goods will be sold by the Seller or the Seller’s agent on behalf of the Customer at a reasonable price and the proceeds shall be sent to the Customer using the same means as the initial payment method or at their last known address.
6.7 The Customer shall be liable for any loss, cost or expense incurred by the Seller resulting from the circumstances described in this clause 6.5 and 6.6.
7. Cancellation
7.1 Other than a cancellation in accordance with clauses 4.4, 4.7, 6.3 and 8.2, if the Customer cancels the Order, or if the Seller is entitled to treat the Order as cancelled in accordance with clause 6.5, the Seller may sell the Goods for the best price reasonably obtainable.
7.2 The Customer will be liable for any loss, cost and expense incurred by the Seller in these circumstances (to include any shortfall between the best price reasonable obtainable for the Goods and the Price of the Goods as specified in the Order).
7.3 The Seller will recover any amounts owed by deducting the amount owed from any deposit before it is returned to the Customer or by separate invoice to the Customer to be paid within 14 days.
8. Distance and Off-premises contracts
8.1 If the Customer has undertaken any of the following at the Seller or Seller’s agent’s premises: negotiated the Contract price; received any Contract documentation; accepted an offer; paid a deposit for the Goods or signed the Contract - then the Customer’s distance selling rights shall not apply because the Goods are deemed to be purchased on premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2 If the Goods are purchased at a distance or off-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and if the Customer is a consumer:
8.2.1 The Customer has the right to cancel this Contract without giving any reason at any time within 14 days, beginning on the day after the Customer acquires physical possession of the Goods.
8.2.2 In this case, the Customer will receive a full refund for the price paid for the Goods, including the cost of standard delivery, subject to sections 8.2.3 to 8.2.9 below.
8.2.3 To cancel this Contract the Customer must inform the Seller or the Seller’s agent in writing or by using the cancellation form available on request from the Seller.
8.2.4 The Customer must return the Goods to the Seller or the Seller’s agent (at the contact details on the Order) immediately.
8.2.5 Until the Goods are accepted as returned by the Seller the Customer will remain liable for their condition and associated requirements including road fund licence and insurance, and for any fines, charges or penalties relating to the Goods or such requirements, and shall reimburse the Seller for any loss, cost or expense it suffers that result from a breach of Customer’s duties under this clause 8.2.5.
8.2.6 The Seller may withhold the refund until the Seller or the Seller’s agent receives the Goods or the Customer has supplied evidence acceptable to the Seller of having sent the Goods back, whichever occurs earliest. Alternatively, the Customer makes the Goods available for collection and pays the Seller's reasonable costs of collection (at the Customer's risk until collection).
8.2.7 The Seller shall make the refund (using the same means as the initial transaction, unless expressly agreed otherwise between the parties) without undue delay and not later than 14 days after the Seller or the Seller’s agent receives the Goods.
8.2.8 The Customer has a legal obligation to take reasonable care of the Goods while they are in the Customer’s possession. The Customer is liable for any diminished value of the Goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Goods. The Customer shall be liable for the cost to the Seller of repairing any damage caused to the Goods by the Customer.
8.2.9 The Seller may recover any amounts owed under this clause 8.2.5 and/or 8.2.8 by deducting from the Customer’s refund, or by separate invoice to the Customer to be paid within 14 days.
9. General
9.1 Where the Customer is not a consumer all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
9.2 This Contract is entered into on the express representation that where the Customer is not a consumer (as defined by the Consumer Rights Act 2015) and the Goods are new they are: (i) not being purchased with a view to resale for commercial gain within a period of three months of the delivery date and/or (ii) they are not being exported outside of the United Kingdom.
9.3 Any transfer or assignment of any of the Customer’s contractual rights or benefits under this contract by the Customer is strictly prohibited save for the provisions detailed in clause 12 (Finance Companies).
9.4 The sum payable by the Customer in respect of value added tax shall be such as the Seller is actually required to account for in respect of the Goods at the time the relevant taxable supply occurs and any statement of such tax contained in the Order shall be deemed to be an estimate and liable to be varied accordingly.
9.5 The Seller operates a comprehensive customer complaints procedure; the Customer Service Charter is available at www.mercedesbenz.co.uk or from the Seller or Seller’s agent upon request.
9.6 If the Customer is unable to resolve their complaint using the Mercedes-Benz customer complaints process (see 9.5), the Customer can ask The Motor Ombudsman to review the complaint. More information is available at www.themotorombudsman.org. The Customer can make contact with The Motor Ombudsman by writing to 71 Great Peter Street, London, SW1P 2BN or calling 0345 241 3008. Alternatively, if the Goods are subject to a finance agreement, the Customer can ask the Financial Ombudsman Service to review the complaint. More information is available at www.financial-ombudsman.org.uk. The Customer can make contact with the Financial Ombudsman Service by writing to Exchange Tower, Harbour Exchange, London, E14 9SR or by calling 0800 023 4 567 or 0300 123 9 123.
9.7 Where the Customer is not a consumer, the Seller shall be entitled to, without notice to the Customer, set off any liability of the Customer to the Seller against any liability of the Seller to the Customer, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Contract and/or the Seller may invoice the Customer for any sums due to it by the Customer (such invoice payable within 14 days) under this Contract. Any exercise by the Seller of its rights under this clause 9.7 shall not limit or affect any other rights or remedies available to it under this Contract or otherwise.
10. Liability
10.1 Where the Customer is not a consumer, subject to Clause 10.3, the Seller shall not be liable to the Customer for the following types of loss or damage suffered by the Customer:
10.1.1 any loss of profits, sales, business, or revenue
10.1.2 loss or corruption of data, information or software
10.1.3 loss of business opportunity
10.1.4 loss of anticipated savings
10.1.5 loss of goodwill
10.1.6 any indirect or consequential loss
10.2 Where the Customer is a consumer the Seller shall not be liable to the Customer for loss or damage suffered by the Customer that is:
10.2.1 unexpected i.e. it was not obvious that it would happen and nothing the Customer said to the Seller before the Order meant the Seller should have expected it (in the law, the loss was unforeseeable)
10.2.2 caused by Events Outside Seller’s Control
10.2.3 avoidable, the Customer may have avoided the loss or damage by taking reasonable action
10.2.4 business loss relating to the Customer’s use of the Goods for the purposes of the Customer’s trade, business, craft or profession
10.3 This clause 10 does not limit the liability of the Seller for death or personal injury caused by the Seller's negligence or for fraudulent misrepresentation.
10.4 Subject to the above, the Seller’s maximum total liability to the Customer under or in connection with the Contract shall not exceed the price paid for the Goods.
11. Alterations to Specification
11.1 The Seller shall not be liable for any failure or loss occasioned by the fitment of special bodywork or ancillary equipment where the Seller is not responsible for such specification and supply.
12. Finance Companies
12.1 Notwithstanding the Terms and Conditions of this Order, upon the Seller notifying the Customer the full amount payable under the Order has become due the Customer may no later than 7 days before delivery arrange for a Finance Company to purchase the Goods from the Seller at the Contract price. The Terms and Conditions of this Order shall apply to such purchase with the Finance Company and the references to "delivery" or "delivered" in relation to the Goods shall be construed as meaning delivery or delivered by the Seller to or to the Order of such Finance Company and the Seller shall be accountable to the Finance Company on behalf of the Customer for any deposit paid by the Customer in respect of this Order.
12.2 The Customer may have a right to withdraw from a finance agreement. The Customer should refer to the terms of Finance Company for more information on the right to withdraw.
13. Events Outside Seller’s Control
13.1 The Seller shall not be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events outside seller’s control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 30 days, either party may terminate the Contract by giving 14 days’ written notice to the other.
13.2 events outside seller’s control means any circumstance not within the Seller’s reasonable control including, without limitation:
13.2.1 acts of God, flood, drought, earthquake or other natural disaster
13.2.2 epidemic or pandemic
13.2.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
13.2.4 nuclear, chemical or biological contamination or sonic boom
13.2.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent
13.2.6 collapse of buildings, fire, explosion or accident
13.2.7 any labour or trade dispute, strikes, industrial action or lockouts
13.2.8 non-performance by suppliers or subcontractors
13.2.9 interruption or failure of utility service
14. Jurisdiction
14.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
14.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Mercedes-Benz Integrated ServiceCare – General Terms and Conditions
Terms and Conditions for the Mercedes-Benz Integrated ServiceCare plan which comes as standard following the purchase of selected Mercedes-Benz Battery Electric Vehicles.
The customer who has ownership of the Vehicle (hereinafter: the "Customer"), acknowledges that the Vehicle comes with an Integrated ServiceCare package (“ISP Services”) or (“ISP”) as standard. As such, provided the conditions under Clause I.2 of these terms and conditions (“Terms”) have been fulfilled, the Customer shall be entitled to receive the ISP Services as set out in these terms. Certain Customers may enjoy further rights to the extent that they are consumers (being individuals buying the Mercedes-Benz Integrated ServiceCare plan wholly or mainly for personal use and not for use in connection with their business) as indicated in these terms.
For the avoidance of doubt, these Terms apply to EQE and EQS model year MY805 and MY805.5 only which have the option code SA 390 included at purchase (the “Vehicle”) and are separate to any other Service Contract which may be purchased.
The ISP Services are operated by Mercedes-Benz UK Limited (hereinafter referred to as “Mercedes-Benz”), however the vehicle services completed on the ISP shall be carried out by the Customer’s chosen Mercedes-Benz EQ Authorised Repairer (hereinafter known as “Authorised Repairer) at an approved workshop location from within the United Kingdom, Belgium, Denmark, Germany, France, Italy, Luxembourg, the Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Spain, the Czech Republic and Hungary.
The contract for the ISP Services shall be between the Customer and Mercedes-Benz.
The contract for ISP Services carried out by the Authorised Repairer under the ISP shall be between the Authorised Repairer and the Customer.
Please see below details for Mercedes-Benz:
Company name – Mercedes UK Limited, (a company registered in England and Wales)
Company number - 2448457
Registered address – Delaware Drive, Tongwell, Milton Keynes, MK15 8BA
VAT number – GB225027008
If the Customer is a business Customer (not a consumer) these Terms form the entire agreement between the Customer and Mercedes-Benz for the ISP Services, and the Customer acknowledges that they have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of, Mercedes-Benz which is not set out in these Terms, and that the Customer shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
The scope of the services included in the ISP is determined in accordance with the following provisions:
I. Contract Activation, Transfer and Rights and Duties
1. The scope of the ISP Services starts on the day of the first registration date (FRD) of the Vehicle and will continue for:
a. a period of 6 years from the FRD; or
b. upon the Vehicle reaching a total mileage of 90,000 kilometres (56,250 miles), whichever occurs first (the “Term”).
2. A contract will come into existence in line with the FRD and at point of initial Vehicle handover and when the final invoice for the Vehicle purchase is provided.
3. The ISP Services come as standard with the Vehicle and therefore cannot be cancelled by the Customer or used on any other vehicle owned by the Customer. Should the Customer wish to return the Vehicle, the contract for ISP Services under these Terms shall be automatically cancelled.
4. If the Customer sells the Vehicle before all ISP Services have been exhausted (see section I.1), the ISP Services will transfer to the new registered owner.
5. The period in which the Customer may receive and/or request ISP Services cannot be extended beyond the Term.
II. Delivery and Tender of the Services
General information on any Mercedes-Benz or Authorised Repairer website about the availability or delivery of ISP Services by an Authorised Repairer will not serve as binding service dates.
Scope of Services
1. Subject to any provision that states otherwise in these Terms, the ISP Services will be delivered during the Term stated in section I.1.
2. The ISP Services provided to the Customer shall include the performance of consecutive service tasks carried out in relation to the Vehicle as recommended in the Mercedes-Benz Owner’s Manual applicable to the Vehicle, including the supply of lubricants and other materials required for such tasks.
3. Mercedes-Benz shall use best endeavours to ensure that only genuine Mercedes-Benz manufactured parts (“Genuine Parts”) are utilised when completing any of the service tasks under the ISP Services. In the event of any unavailability of Genuine Parts, Mercedes-Benz may make use of such other Mercedes-Benz approved replacement parts as may be required to complete the applicable service tasks.
4. More specifically the ISP Services shall include:
a. Items completed at every service:
a1. All service tasks not marked as “After Customer Consultation”, as specified within the Electronic Service Sheet system (ESS) or within XENTRY Integrated Maintenance (depending on which system the Authorised Repairers use, the service requirements will be the same), will be carried out according to the applicable Mercedes-Benz technical publications;
a.2. All safety, electrical and mechanical items checked as per manufacturer’s specification; and
a.3. Measurement of wear on all wear items such as brake pads, brake discs, wipers and recording of the percentage of wear, where required.
b. Items replaced at second service (i.e., 4 years or 37,500 miles)
b.1. Brake Fluid
c. Items checked and replaced subject to age and mileage within the scope of I.1
c.1. Combination Filter
5. The Customer shall be entitled to receive the ISP Services up to a maximum of 625 miles or four-weeks before the required date of the Vehicle’s service, as indicated on the display of the instrument panel with the Vehicle. Exceeding the above time/mileage intervals within the manufacturer’s tolerances, depending on which event occurs first, in cases where service work is due, will not result in penalties.
6. If the Customer makes use of ISP Services which extend beyond the scope of the ISP, as set out in Part II.2 and II.3, these additional services will be invoiced to the Customer by the Authorised Repairer that performs those services.
Additional services available within Mercedes me Connect
7. The owner acknowledges that the ISP Services will be integrated into the Vehicle’s Mercedes me system as standard. Should the Customer wish to make use of any additional servicing functions (e.g., appointment suggestions for upcoming service events, status of the service schedule etc), the following requirements must be fulfilled:
a. the Customer must have a Mercedes me account ID;
b. the Mercedes me Connect app must be downloaded and installed on the Customer’s mobile phone;
c. the Customer’s Mercedes me ID must be used to log in to Mercedes me Connect and the Terms of Use must be accepted;
d. the Customer’s Vehicle must be linked with the Mercedes me Connect app; and
e. the ‘Maintenance Management Service’ function must be activated in the Customer’s Mercedes me Connect app and must remain activated continuously.
Servicing works excluded for ALL Vehicles
8. The following services are excluded from the scope of the ISP Services:
a. Replace battery for KEYLESS-GO key fob.
b. Refill or replacement of the flacon fragrance system (AIR-BALANCE Package)
c. Rectification of damage caused by:
i. Accidents or force;
ii. The use in the Vehicle of parts other than spare parts which meet Mercedes-Benz specifications;
iii. The use in the Vehicles of oils or other services products which have not been approved by Mercedes-Benz;
iv. Neglect, misuse, abuse, or improper handling of the Vehicle, which shall include, but not be limited to, overloading and unauthorised modifications of the Vehicle;
v. The use of the Vehicle for any application other than normal road use for the carriage of passengers and normal domestic effects, all luggage and towing of trailers within the recommended towing capacity of the Vehicle;
vi. Persons other than the authorised representatives and employees of the Authorised Repairer having performed work on the Vehicle; or
vii. Failure of the Customer to abide by its obligations under these terms and conditions.
d. Repair to or replacement of any friction material including, but not limited to, brake pads, brake discs, wiper blades, tyres;
e. Other work not specified in the relevant Mercedes-Benz Owner’s Manual (including, but not limited to, electrical or mechanical repairs);
f. Roadside assistance, recovery, or provision of any courtesy vehicle (NB you may be eligible for the Roadside Assistance programme separately);
g. The repair of damaged glass;
h. The maintenance of any paint work on the Vehicle;
i. The repair and maintenance of any bodywork or equipment not fitted to the Vehicle as originally manufactured;
j. The carrying out of any modifications required by law including, but not limited to, safety recalls;
k. Daily or other regular checks including, but not limited to, the maintenance of coolant levels, lubricant levels, tyre pressures, anti-freeze additives, and other regular checks specified in the Owner’s Manual for the Vehicle and the provision of lubricants required for these between services;
l. Repairs carried out under any warranty given at the time of the sale of the vehicle;
m. MOT or Pre-MOT test fees and /or any repairs identified as required;
n. Bulbs;
o. Associated costs for any Mercedes-Benz Digital Extras; and
p. Map update discs / downloads to the Satellite Navigation system.
Delays
9. Delays and operational disruptions that occur at:
a. Mercedes-Benz UK;
b. Authorised Repairers; or
c. their suppliers
which prevent or delay Authorised Repairers or Mercedes-Benz from delivering the ISP Services or completing any of their obligations under the ISP, will suspend the obligation of Mercedes-Benz and/or the Authorised Repairer to deliver the ISP Services during such period of delay/disruption.
Servicing works required not covered by the ISP Services
10. The Customer acknowledges that the Authorised Repairer may be required to contact the Customer if, during any servicing work under the ISP, it is required to complete any works that are excluded under Part II.6. The Customer shall be required to authorise such additional works and will be liable to the Authorised Repairer for the costs of any additional services which are carried out by the Authorised Repairer and agreed with the Customer.
11. When, in the reasonable opinion of the Authorised Repairer, any part of component of the Vehicle is:
a. defective beyond repair;
b. impairing, or likely to impair, its efficient, safe, and reliable operations; or
c. likely to cause further damage to that Vehicle
and the rectification of such defect is outside the scope of the ISP Services, the Authorised Repairer may notify the Customer of such opinion and recommend the replacement of the part or component.
If the Customer refuses to have the recommended work carried out, then the Authorised Repairer may withhold the release of the Vehicle until the Customer has signed a document confirming they were notified of such work and has refused to obtain the required services.
Following the signing of the document, Mercedes-Benz may choose to terminate the ISP.
Quality of servicing work
12. Mercedes-Benz warrants that ISP Services shall be carried out by an Authorised Repairer using reasonable care and skill.
13. Subject to Part II.13 and II.14, if the Customer:
a. Gives notice in writing to Mercedes-Benz that some or all the ISP Services do not comply with the requirements set out in Part II.10; and
b. gives Mercedes-Benz a reasonable opportunity (either itself or via an Authorised Repairer) of examining such vehicle on which ISP Services have been performed, then where the Customer is not a consumer, Mercedes-Benz (either itself or via an Authorised Repairer) shall, at its option, re-complete any services that are found to be defective.
If the Customer is a consumer, then the Customer may at its discretion elect either for Mercedes-Benz (via an Authorised Repairer) to repeat or fix a service or MOT test if it has not been carried out with reasonable care and skill.
14. Mercedes-Benz shall not be liable for a failure of the ISP Services to comply with the requirements set out in Part II.11 if:
a. the Customer makes any further use of the Vehicle on which ISP Services have been provided after giving notice of defects in accordance
with Part II.11;
b. the defect arises because the Customer failed to follow Mercedes-Benz or an Authorised Repairer’s oral or written instruction as to the storage, use and maintenance of the Vehicle on which ISP Services have been performed or (if there are none) reasonable practice regarding the same;
c. the Customer alters or repairs the Vehicle on which ISP Services were performance without the written consent of Mercedes-Benz or an Authorised Repairer;
d. the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
e. the ISP Services differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
15. As far as is legally possible, Mercedes-Benz and the Authorised Repairer’s only liability to the Customer if the ISP Services fail to comply with the requirements set out in Part II.11, is as set out in Part II.12.
III. Obligations of the Customer
For the ISP Services to be completed under Mercedes-Benz standards, the Customer shall:
1. Ensure that the operating instructions contained in the operation manual for the respective Vehicle are observed and that, in the event of damage to the Vehicle, all measures to minimise the damage are taken. In particular, the driving regulations and the speed limit must be observed.
2. Make the Vehicle available at an Authorised Repairer by prior appointment in a reasonably clean condition at, or within, a reasonable period before the relevant service interval, or as and when reasonably requested by the Authorised Repairer for the performance of servicing. Otherwise, the costs of any damage or additional work caused by the delay will be covered by the Customer;
3. That all instructions for use of the Vehicle contained in the Mercedes-Benz Owner’s Manual for that Vehicle have been and shall be carried out accurately and fully by the Customer.
4. That if any defect or failure occurs in the Vehicle all reasonable measures shall be taken to complete repairs without delay, and to minimise the occurrence of any further damage to the Vehicle.
5. Complete ongoing checks on all aggregate systems, coolant, antifreeze etc. as per the operating manual, and stability (on all wheels), and performed by the Customer at their own cost.
The Customer acknowledges that the Authorised Repairer may, in its absolute discretion but having made reasonable efforts to obtain the Customer’s prior approval, procure and fit to the Vehicle any replacement part or parts that it deems necessary for the efficient, safe, and reliable operation of the Vehicle and the Customer shall pay the necessary cost of this.
IV. Invoicing of the ISP Services
ISP Services will be invoiced directly between the Authorised Repairer and Mercedes-Benz.
The Customer will not be invoiced in respect of the ISP Services. In the event that the Customer has received any services which are excluded from the scope of the ISP, the Customer will be invoiced in respect of those additional services by the Authorised Repairer who carried out the services.
V. Premature Discontinuation of Services
Mercedes-Benz is entitled to refuse performance of ISP Services under these Terms for due cause. In particular:
1. The entitlement to the performance of ISP Services for the respective Vehicle expires in the event of total loss or theft of the Vehicle (if the Vehicle is not recovered within a period of six months). The Customer is obligated to notify the Mercedes-Benz without delay that the Vehicle has been stolen and must no longer claim any of the contractual services under the ISP.
VI. Complaints
1. The Customer may contact Mercedes-Benz regarding questions and complaints about delivered ISP Services via the Customer Assistance Centre on (00800) 9777 7777 or by email to cs.uk@cac.mercedes-benz.com.
2. If the Customer is a consumer and is unable to resolve their complaint using Mercedes-Benz Customer complaints process, they are advised to ask The Motor Ombudsman to the review the complaint.
More information is available at www.themotorombudsman.org or by calling 0345 241 3008.
The Customer can also contact The Motor Ombudsman by writing to 71 Great Peter Street, London, SW1P 2BN. Should The Motor Ombudsman be unable to assist, the Customer is advised to contact their local trading standards office for further information regarding alternative dispute resolution.
VII. Liability – Customer who is a Consumer
Mercedes-Benz’s responsibility for loss or damage suffered by the Customer if they are a consumer:
1. If Mercedes-Benz fails to comply with these Terms and is responsible for loss or damage the Customer suffers that is a foreseeable result of Mercedes-Benz breaching these Terms or Mercedes-Benz failing to use reasonable care and skill. Mercedes-Benz shall not be responsible for any loss or damage that is not foreseeable. Foreseeable loss or damage occurs where its occurrence is either obvious or, at the time the contract was made, both Mercedes-Benz and the Customer knew it could occur.
2. Mercedes-Benz do no exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability:
a. For death or personal injury cause by Mercedes-Benz negligence or the negligence of its employees, agents, or subcontractors;
b. For fraud or fraudulent misrepresentation;
c. For breach of the Customer’s legal rights under the Consumer Protection Act 1987 or Consumer Rights Act 2015.
3. Mercedes-Benz are not liable for business losses. If the Customer is a consumer, Mercedes-Benz’s supply of the ISP Services is for domestic and private use only. If the Customer requires the services for any commercial, business or re-sale purpose, Mercedes-Benz liability to the Customer will be limited as set out in clause VIII below.
VIII. Liability – Business Customer
1. Nothing in these Terms shall limit or exclude Mercedes-Benz liability for:
a. Death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable);
b. Fraud or fraudulent misrepresentation;
c. Breach of the terms implied by section 12 of the Sales of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d. Any matter in respect of which it would be unlawful for Mercedes-Benz to exclude or restrict liability.
2. Except as stated above, all terms implied by sections 13 to 15 of the Sales of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to Part VIII section 1:
a. Mercedes-Benz shall not be liable to the Customer, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between Mercedes-Benz and the Customer
IX. Other important terms
1. Mercedes-Benz will only use your personal information as set out in the Mercedes-Benz Privacy Policy, which can be found here.
2. Mercedes-Benz may transfer its rights and obligations under these terms to another organisation. We will tell you in writing if this happens and ensure the transfer will not affect your rights under the contract.
3. Nobody else has any rights under this contract unless stated otherwise. This contract is between Mercedes-Benz and the Customer, however an Authorised Repairer (following the granting of consent by Mercedes-Benz may enforce any right enjoyed by Mercedes-Benz under the contract. No other person shall have any rights to enforce any of its terms.
4. Mercedes-Benz may change the packages offered as a part of the ISP Services at its reasonable discretion for reasons including, but not limited to, changes in relevant laws and regulatory requirements.
5. Mercedes-Benz may write to the Customer to let them know that Mercedes-Benz are going to stop providing the ISP Services and provide reasonable notice of such decision. On such cancellation, there shall be no form of reimbursement to the customer as the ISP services were provided as part of the initial vehicle purchase. The Customer’s statutory rights under the law will remain unaffected thereby.
6. Mercedes-Benz may amend these Terms at any time. Mercedes-Benz will provide reasonable written notice of any changes to these Terms.
7. The Customer should always refer to the Owner’s Manual of their Vehicle for the exact servicing schedule and requirements.
8. 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.
9. Even if Mercedes-Benz delay in enforcing these Terms, it can still choose to enforce them at a later date. If Mercedes-Benz do not insist immediately that the Customer do anything it may require the Customer to do under these Terms, or if Mercedes-Benz delay in taking steps against it in respect of breaking this contract, that will not mean that Mercedes-Benz do not have to do those things and it will not prevent Mercedes-Benz taking steps against the Customer at a later date.
10. Any dispute or claim arising our if, or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
11. If the Customer is a consumer, the Customer can bring legal proceedings in respect of the ISP Services in the English courts, or if the Customer lives in Scotland or Northern Ireland, they can bring legal proceedings in respect of the services in either the Scottish or the English courts.