Service Terms & Conditions
Definition of Words/Phrases Used In These Terms and Conditions
‘3K’, ‘our’, ‘we’ and ‘us’ means 3k Calibrations Ltd. which company is registered pursuant to the laws of British Columbia.
‘3K Group’ means the 3k and any holding company or subsidiary company within the 3K group of companies.
‘Fee(s)’ means the sum(s) which you have agreed to pay us in consideration of the performance of the 3K Service which shall include the service identified to you by the 3K and/or, where applicable, our attendance fee(s), and any VAT and other applicable taxes payable in relation to such sum(s).
‘3K Service’ means the services that the 3K provides to you in relation to the ECM.
‘3K Service Quote’ means the quote provided to you by 3K. The 3K Service Quote will set out the work you have asked to be carried out (and that we are offering to provide) in relation to the ECM and the Fee(s) payable for that work.
‘3K Service Work’ means the work, including any parts, identified on the 3K Service Quote.
‘Associated Vehicle’ means a vehicle from which you remove an ECM or into which you install an ECM upon which 3K Service is intended or performed.
‘ECM’ is an electric control module provided to 3K by you.
‘you’ and ‘your’ means the person who requests the provision of 3K Service.
‘Equipment’ is anything rented or lent to you pursuant to your 3K Service Quote.
‘Security’ is the amount of $2,500 kept as security for the safe return of the Equipment.
3K ECM Service
What is included: 3K will provide the services as detailed in the relevant 3K Service Quote.
What is not included: Additional parts and/or labour not detailed in the relevant 3K Service Quote but which may be required to repair or maintain the ECM, a vehicle or its systems. You will deliver the ECM to 3K and 3K will return it to you when the 3K Service Work is complete.
General Terms of Contract
3K Service Quote validity and Term and Conditions to Apply
- By accepting the 3K Service Quote you agree to be bound by the terms of this agreement.
- Unless otherwise stated in writing, the 3K Service Quote remains valid for 14 days from the date of the relevant 3K Service Quote. However, we reserve the right, prior to the commencement of the 3K Service, to notify you of an immediate increase in the 3K Service Quote where this results from an increase in the cost of parts or other charges beyond our reasonable control. In the event of an increase to your 3K Service Quote you will have the right to cancel at any time prior to our commencement of the 3K Service Work.
- The contract governed by these Terms and Conditions is made between you and the 3K. Once the 3K Service Quote has been accepted and access to the Vehicle provided then, unless additional or different work is agreed with you, we will carry out the relevant 3K Service Work in accordance with these Terms and Conditions.
- If you want us to carry out any work not shown on an 3K Service Quote(s) already provided, and we are willing to do so, we will provide a further 3K Service Quote. These terms and conditions will apply to that further or revised work.
- In providing an 3K Service Quote and performing the 3K Service we rely on information provided by you regarding the nature and type of ECM and Associated Vehicle, which information is provided by you. Where information regarding the ECM or associate vehicle provided by you is inaccurate or incomplete, you agree the 3K will not be responsible for any damage, loss, expense or claim resulting from or in any way caused or contributed to by the inaccurate or incomplete information. Furthermore, you indemnify and hold harmless 3K from any claims of any kind from a 3rd party for any such damage, loss, expense or claim.
- You represent and warrant that the ECM delivered by you is in good working order and provided to 3K for vehicles intended for intended use on private property only and solely at your own risk.
- You acknowledge and understand that the 3K Service may:
- Void the warranty on the ECM and any Associated Vehicle;
- Cause an Associated Vehicle damage, mechanical problems and premature deterioration of Associated Vehicle components;
- Cause injury or death;
- Cause the ECM and any Associated Vehicle to be out of compliance with applicable laws, and accordingly render them illegal or unsafe to operate on public roads; and
- Cause the ECM to fail, brick, or unexpectedly fail or become unusable.
(collectively the “Risks”).
and you agree to be solely liable for any damage, loss, expense or claim resulting from or in any way caused or contributed to by the Risks.
- If, following an inspection of the ECM by a 3K Service Technician, we are unable to carry out, or complete, the 3K Service Work because it appears, in 3K’s or the 3K Service Technician’s reasonable opinion, that different or additional work and/or parts, not requested by you or identified in the 3K Service Quote provided, are required to perform the services (the “Requirement”) then we will be entitled:
- not to start work and cancel the 3K Service Quote, or
- if the Requirement does not become reasonably apparent until after work has started, to stop work and to charge you a reasonable sum for any work carried out by us along with VAT.
British Columbia Laws
- The parties agree that this agreement is governed by the laws of British Columbia and any dispute regarding this agreement, the 3K Service Quote, the 3K Service, the 3K Service Work, the ECM, an Associated Vehicle, the Fee(s) will be brought before a court of competent jurisdiction in British Columbia and not in any other jurisdiction.
Payment of Fee(s)
- You agree to pay the Fee(s) to 3K, which Fee(s) are due and payable on invoice.
- You agree to pay interest in the amount of 24% per annum on fees that are unpaid from the date of invoice to the date of payment.
- You represent that any ECM or Associated Vehicle delivered to 3K by you are solely owned by you or you are an authorized representative of all of the owners of the ECM or Associated Vehicle to engage the services of 3K on the terms of this agreement. You agree to indemnify and hold us harmless and make good any damage, expense, loss, cost which we incur as a result of any claims against us by the owner or beneficial interest holder in the ECM or Associated Vehicle, resulting from a claim you were not authorized to as indicated herein.
- You agree that an Associated Vehicle may be given a road test by 3K as part of the 3K Service Work if 3K at its sole discretion determines it is advisable to do so.
- Depending on the service ordered, 3K may rent or lend certain equipment to you (the “Equipment”) which may include but is not limited to: computers and interface equipment. In said case you agree that 3K may take a deposit or equivalent security from you at its discretion in the amount of $2,500 (the “Security”). In the event you fail to return the Equipment to 3K within 10 days of receipt or the Equipment is returned damaged, 3K is authorized to realize on the Security and replace or repair the Equipment, however, on every occasion the Equipment remains the property 3K and you agree to return it to 3K.
Extent of 3K Service
8 The 3K Service Quote includes those items specifically listed on the 3K Service Quote and excludes all other items of service, including, but not limited to, service items that are listed on the 3K Service Quote as being excluded. Without limiting the foregoing, 3K is not responsible to uninstall or deliver the ECM to its place of business or reinstall the ECM in an Associated Vehicle. You agree that you are solely responsible for any damage loss or expense caused by a failure to appropriately uninstall or reinstall your ECM and will indemnify 3K and hold it harmless against any claim caused or contributed to by your failure to property uninstall or reinstall your ECM.
- We agree to correct, free of charge, any defect in the 3K Service which is caused by our faulty workmanship provided that:
- the defect arises and is reported to us within 1 month of the completion of the relevant 3K Service Work;
- you take all reasonable steps to minimize any damage, loss or expense which the faulty workmanship or defect may cause;
- you arrange for the ECM to be inspected by us as soon as reasonably practicable after discovering the defect by delivering it to us; and
- you give us all reasonably necessary access to the Associated Vehicle and co-operation so as to enable us to correct the relevant defect.
- The warranty in clause 8.1 will not cover defects or damage arising from (a) normal wear and tear, (b) willful damage or negligence by you, or any third party, (c) use otherwise than as reasonably recommended by us or the Associated Vehicle’s manufacturer, (d) failure to follow our or the Associated Vehicle’s manufacturer’s reasonable instructions (e) your continuing to use the Associated Vehicle after discovery of the defect covered by the warranty (e) failure to properly install or uninstall the ECM, (f) failure to install the ECM within 2 weeks of receiving it back from 3K, (g) storing or transporting the ECM in temperatures lower than 70 degrees Fahrenheit or warmer than 73 degrees Fahrenheit or where the ECM is exposed to moisture (e) any relevant alteration carried out without our approval; (f) physical damage to the ECM whether caused before delivery to 3K or after delivery to 3K, and (g) in any event, does not include the replacement of the ECM itself.
- If we recommend work which you do not authorize us to do then our warranty will not cover any defect or damage arising as a result of that work not being done.
- Our warranty is strictly limited to those works we carry out on your behalf under the 3K Service and we will not, under this warranty, accept charges for any repairs you have had undertaken by other garages/repairers.
Rights to refuse service
- The 3K has the right, at any time, to refuse to provide or arrange service of whatever nature where it reasonably considers that:
- you or anyone accompanying you is behaving or has behaved in a threatening or abusive manner to 3K Group employees, patrols or agents, or to any third-party contractor;
- you have falsely represented that you are entitled to services that you are not entitled to;
- you have assisted another person in accessing 3K services to which they are not entitled;
- you owe the 3K Group money or have no ability to pay with respect to any services, spare parts or other matters provided or to be provided by the 3K Group or by a third party on the 3K’s instruction;
- the circumstances surrounding the Vehicle, for example its location, are such that provision of 3K Service would, in the 3K’s reasonable opinion, involve any breach of the law or of the rights of any third party, or there is a reasonably foreseeable health and safety risk to a third party or to any 3K employee, agent or sub- contractor who is involved in providing the 3K Service or where there is the potential for harm or damage to the environment;
- the Vehicle is in a dangerous, over-laden or un-roadworthy condition.
Matters outside the 3K’s reasonable control
- While the 3K seeks to meet the service needs of its customers at all times, its resources are finite and this may not always be possible. We will use all reasonable endeavors to complete the 3K Service Work within the time estimates given to you but cannot guarantee this. We will inform you of any delay as soon as reasonably practical.
- The 3K shall not be liable for any failure where such failure results from circumstances outside the 3K’s reasonable control. Events which constitute circumstances outside the 3K’s reasonable control include (but are not limited to) acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of government or authority (including the refusal or revocation of any license or consent), fire, subsidence, explosion, flood, snow, fog or other bad weather conditions, vehicle, equipment or systems failures, shortages of fuel or other necessary supplies, failure of telecommunications lines or systems, default of suppliers or subcontractors, theft, malicious damage, any refusal of access to (or inability to access) the agreed location for carrying out 3K Service, strike, lock out or industrial action of any kind.
- In addition to clause 10.2 above, if weather conditions are such that either a) it is not safe for the 3K Service Technician to carry out or complete the 3K Service, or b) the 3K Service could not reasonably be carried out to required standards, or c) the Garage cannot collect the Vehicle previously agreed then the 3K reserve the right to rearrange an appointment. In these situations, you will be given as much notice as reasonably possible.
Exclusion of liability for loss of profit etc.
- We, and our agents or sub-contractors, shall not be liable to you for any loss or damage caused by us, our employees, agents or sub-contractors where a) there is no breach of a legal duty owed to you by the 3K or its employees, agents or sub-contractors; or b) such loss or damage is not a reasonably foreseeable result of such a breach; or c) any loss or damage, or any increase in the same, results from any breach or omission by you (including, but not in any way limited to, any failure on your part to take all reasonable steps to minimize any such loss or damage). The 3K, its employees, agents or sub-contractors shall not, in any event, be liable for any loss you may have a) relating to any business interest(s) you may have including, without limitation, loss of profits, loss of opportunity or of business or losses relating to business interruption or b) of earnings.
Possible effects of 3K Service on 3rd party warranties
- If you have the benefit of a warranty in respect of the Associated Vehicle from another company (e.g. a manufacturer’s warranty or another repairer’s warranty) the carrying out of the 3K Service Work may affect your rights under that other warranty. You should check, and will be deemed to have checked, the terms of any such warranty you may have before instructing us to carry out 3K Service Work. We and our agents or sub-contractors will not be responsible for the effect of the work on any other warranty you may have.
- For clarity, nothing in these Terms and Conditions shall exclude or restrict 3K’s liability for negligence resulting in death or personal injury, or any other liability which cannot be lawfully excluded or restricted under this agreement.
Enforcement of Terms and Conditions
- Failure to enforce or non-reliance on any of these Terms and Conditions by the 3K on a particular occasion or occasions will not prevent the 3K from subsequently relying on or enforcing them and do not constitute a waiver of 3K’s rights under these Terms and Conditions.
Use of personal information
- We reserve the right to provide details of the 3K Service provided to you to:
- the owner and/or registered keeper of the Vehicle (if not you), and
- to Garages, 3K’s agents or sub-contractors this is reasonably necessary to provide the services you have requested.
- You agree 3K and 3K Group may use your personal information for the following purposes:
- to identify you when you contact us;
- to help identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the information you have provided, any information we hold about you and information from third party agencies (including credit reference agencies);
- to help administer, and contact you about improved administration of, any accounts, services and products we have provided before, or provide now or in the future;
- to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information;
- to help to prevent and detect fraud or loss;
- to contact you in any way (including mail, email, telephone, text or multimedia messages) about products and services offered by us and/or selected partners unless you have previously asked us not to use the relevant personal data for such purposes;
- We may allow other people and organizations to use information we hold about you for the purpose of providing services you have asked for, as part of the process of selling one or more of our businesses, or if we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
- We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance reasons.
- We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this. We and other organizations may use and search these records to:
- help make decisions about credit related services for you and members of your household;
- trace debtors, recover debt, prevent fraud and to manage our accounts or insurance policies; and
- check your identity to prevent money laundering unless you give us other satisfactory proof of identity.
- Where you give us information on behalf of someone else, you confirm that you have provided them with the information set out in these provisions and that they have not objected to such use of their personal information. Where you give us sensitive data about yourself or another person (such as health details or details of any criminal convictions) you agree (and confirm that the other person has agreed) to our processing such information in the manner set out in these provisions.
By Clicking “Accept” you acknowledge you have read and agree to the above noted Terms and Conditions of Service on your own behalf and on behalf of any corporate entity you represent.