Terms and Conditions - Trans Service Auto Bg OOD
These Terms and Conditions have been prepared by Trans Service Auto Bg OOD, with registered office and management address in Sofia Region, Lozen village, 1151, 19 Ravno Pole Street.
I. Subject
- These Terms and Conditions for vehicle repair, hereinafter referred to as the Terms and Conditions, govern the relationship between Trans Service Auto Bg OOD, hereinafter referred to as the SERVICE, and the respective CLIENT assigning a vehicle repair at a Trans Service Auto Bg OOD service center.
- For the purposes of these Terms and Conditions, CLIENT means any natural and/or legal person and/or merchant within the meaning of the Commerce Act who has assigned the SERVICE to repair a vehicle.
- For the purposes of these Terms and Conditions, REPAIR means any service and repair activity involving labor, diagnostics and replacement of spare parts, components, materials and/or consumables on the vehicle.
- For the purposes of these Terms and Conditions, ORDER means any service order for vehicle repair signed under the procedure and conditions described below.
- For the purposes of these Terms and Conditions, VEHICLE means a motor vehicle owned by the CLIENT or provided to the CLIENT for use on another contractual or legal basis.
- The SERVICE ensures publicity, accessibility and up-to-date availability of the current Terms and Conditions for vehicle repair on its website at www.tsautobg.com, as well as in paper form at the service reception.
II. Vehicle intake. Assignment of the repair.
- During the initial inspection of the vehicle, its current technical condition is established. Based on this inspection, the CLIENT is offered a price for spare parts and labor for their replacement so that the vehicle can be brought into standard technical condition.
- At the request of the client, an exact repair estimate is also prepared, including a pro forma calculation. It is a detailed numerical list of the activities to be performed, in accordance with the service labor times and the value of the parts required for the specific repair. The value of this service is calculated per line, at a price of BGN 2 including VAT for each line. The value of the offer is deducted from the completed repair.
- Upon acceptance of the vehicle, a SERVICE ORDER is created, which, depending on the case, describes the activities to be performed and/or the client complaint regarding a vehicle fault and/or the acceptance of the vehicle while waiting for delivery of parts required for the specific repair.
- By signing the ORDER, either personally or through an authorized representative, the CLIENT accepts these Terms and Conditions. Any person who drives the vehicle submitted for repair and/or is the bearer of the documents under item 11 of these Terms and Conditions shall be deemed authorized to assign repair work, and the SERVICE shall not be liable if that person is not duly authorized by the respective CLIENT.
- The CLIENT must deliver the vehicle only with the accessories and/or devices fixed to the vehicle. All other items, belongings and/or valuables located in the vehicle must be removed by the CLIENT before the vehicle is handed over to the service center; otherwise, the SERVICE shall not be liable for any claims made by the CLIENT in this regard.
- The CLIENT undertakes to provide the SERVICE with the vehicle contact key, registration certificate, the necessary technical and other documentation and accessories accompanying the vehicle, and, if the vehicle is roadworthy, it must have valid third-party liability insurance.
III. Performance of the repair. Need for additional work and assignment thereof.
- The spare parts, components, assemblies, units, consumables and materials required for the assigned repair work shall be supplied by the SERVICE at the expense of the CLIENT.
- If necessary, at its discretion and without the consent of the CLIENT, the SERVICE has the right to use subcontractors in performing the assigned repair work.
- The SERVICE performs the assigned repair within the required technological period according to the technical standards of the vehicle manufacturer for the respective type of repair, provided that all necessary spare parts are available at the time the repair is assigned.
- If, at the time the repair is assigned, the SERVICE warehouse does not have certain spare parts required for the repair, the estimated repair period shall be extended by the time required to deliver the respective parts.
- The SERVICE has the right, during the repair and before its completion, to carry out road tests and test drives with the vehicle in connection with the assigned repair.
- For the repair period, the SERVICE is not obliged to provide the CLIENT with a replacement vehicle for temporary use.
- If, during the assigned repair, the SERVICE determines that additional repair work and/or replacement of damaged parts is required, the SERVICE shall notify the CLIENT by telephone or email about the type and value of the additional necessary service work, and the repair shall continue or begin after the explicit consent of the CLIENT. The consent of the CLIENT is also considered valid when given orally by telephone. The SERVICE is released from any liability if the CLIENT refuses the additional repair work that has arisen.
- The CLIENT undertakes, upon invitation by the SERVICE, to appear at the SERVICE as soon as possible, but no later than 2 (two) days, to coordinate additional issues that have arisen regarding the vehicle repair.
- The CLIENT may receive the replaced old spare parts if this was requested in advance in the ORDER CONFIRMATION upon vehicle intake. They may be returned, except for parts replaced under warranty or when purchasing replacement assemblies and parts with a manufacturer return code requiring the return of the old part.
IV. Price. Method of payment.
- The SERVICE performs the assigned repair, including additionally assigned work, against payment by the CLIENT at labor prices determined according to the SERVICE price list and hourly rate valid at the time, as well as the current price lists for spare parts, assemblies, units, components and materials or consumables used at the time the repair is completed.
- Payment of the full value of the repair, as well as all amounts owed by the CLIENT to the SERVICE, is a mandatory condition for receiving the vehicle, unless an expressly signed deferred payment agreement exists.
- The CLIENT makes the due payments in Bulgarian lev, in cash at the SERVICE cash desk on the day of receiving the vehicle, or to the bank account specified in the invoice issued by the SERVICE for bank payment, after presenting a valid payment document.
- The CLIENT has no right to dispute the repair price or value.
- When, upon vehicle intake and assignment of the repair, the estimated value exceeds BGN 1,500 (one thousand five hundred) including VAT, the CLIENT undertakes to pay the SERVICE in advance part of the estimated value in the amount of 50% (fifty percent) of the price of the required spare parts.
- When the CLIENT assigns a repair of the vehicle, but the parts are not available in the SERVICE warehouse and must be delivered, an advance payment of 50% of the value of the ordered parts is required. Making the advance payment is a condition for starting the repair, respectively for ordering the required spare parts not available in the warehouse. The repair period begins to run from the date following the date of the advance payment when spare parts are available in the warehouse, and in the case under item 15, it is extended by the time required to deliver the unavailable spare parts.
- In case of delayed payment within the deadlines under items 22 and 23, the CLIENT owes the SERVICE a penalty of 0.1% (zero point one percent) of the amount due for each overdue day until the amount is paid in full.
- The CLIENT must strictly observe the payment terms and deadlines, and the parties agree that all payments by the CLIENT to the SERVICE under the signed ORDER and these Terms and Conditions are unconditional and are not subject to set-off, waiver, deferral or rescheduling for any reason, unless the parties have signed an express written agreement to that effect.
- The CLIENT undertakes to repay monetary obligations to the SERVICE in the following order: penalties, default interest, vehicle storage fee, and costs for performing the repair work.
V. Completion of the repair. Receipt of the vehicle.
- The SERVICE notifies the CLIENT of the date for receiving the repaired vehicle by telephone or email. The CLIENT is obliged to receive the vehicle on the specified date after first fulfilling the obligation under item 22.
- Upon receipt of the vehicle after the assigned repair has been performed, representatives of the parties sign the respective ORDER. If there are no remarks by the CLIENT, the completed repair is deemed accepted without objections.
- If the CLIENT fails to fulfill the obligations under item 29, in addition to the penalty under item 26, the CLIENT owes the SERVICE compensation for the stay of the vehicle at the SERVICE in the amount of BGN 50.00 (fifty) including VAT for each day of vehicle stay, starting 24 hours after the notification to the CLIENT under item 29.
- The case described in the previous sentence also applies in cases of failure to fulfill the advance payment obligation. In the cases under the previous sentences, the SERVICE may store the vehicle until it is received by the CLIENT in another appropriate manner, with all costs and risks related to such storage entirely at the expense of the CLIENT.
- At the request of the CLIENT, the SERVICE records in writing all technical problems identified upon vehicle delivery, obliging the CLIENT to repair those related to vehicle safety. In case of refusal to repair, it is accepted that by receiving the vehicle, the CLIENT releases the SERVICE from any liability.
- The vehicle is delivered only to the bearer of the original copy of the ORDER handed to the CLIENT upon vehicle intake, after fulfillment of the conditions under items 22 and 23.
- Upon receiving the vehicle, the CLIENT receives back all documents and accessories described under item 11.
VI. Warranties. Conditions of warranty liability for the performed repair.
- The SERVICE guarantees the quality of the parts used for a period of 2 (two) years for original parts, depending on the service operations performed, counted from the date of completion of the repair. Within the specified period, only problems arising as a result of the repair work performed are corrected free of charge.
- The warranty for the spare parts, units and components used, and its term, applies only if they were purchased from the SERVICE and/or if their supplier/manufacturer provides such a warranty. Each spare part warranty claim is submitted, reviewed and approved individually.
- The warranty does not cover consequences of normal wear of parts, improper operation or failure to comply with maintenance instructions.
- If additional repairs and the use of additional spare parts not described in the order but related to the assigned repair become necessary, and the CLIENT refuses their performance, the warranty for the parts used and for the labor shall not apply. When working with non-standard spare parts, as well as used parts, the labor cost is paid at double rate, and the warranty for the parts used and for the labor shall not apply.
- In all cases, the SERVICE shall not be liable for lost profits and/or damages suffered by the CLIENT.
VII. Security rights.
- The SERVICE may, without additional notice to the CLIENT, exercise a right of retention over the vehicle delivered to it after completion of the repair until full satisfaction of all its receivables from the CLIENT, in accordance with the mandatory provisions of Bulgarian legislation.
VIII. Force majeure.
- The SERVICE shall not be liable for non-performance, or for destruction and/or damage to the vehicle, in the event of objective extraordinary circumstances or force majeure. Force majeure includes conditions caused, created or occurring as a result of natural phenomena and/or disasters, such as hail, thunder, heavy rain, flood, earthquake and so on; aggressive actions, such as war, riot, general strike, mass hooliganism and/or vandalism; changes in national legislation; and conditions which, despite exercising the care of a good business operator, make it impossible for the SERVICE to carry out its usual auto service activity, as well as any other circumstances whose type, origin or nature qualifies them as extraordinary.
- In the event of extraordinary circumstances, the parties, guided by goodwill and exercising the care of a good business operator, shall settle their relations in view of the specific objective situation and these Terms and Conditions, except for provisions whose observance is impossible due to the circumstances that have occurred.
IX. Personal data protection.
- By signing an ORDER, the CLIENT agrees and declares that, within the meaning of the Consumer Protection Act and the Electronic Commerce Act, the CLIENT gives explicit prior consent for an indefinite period, until explicit written withdrawal, to receive unsolicited commercial communications from the SERVICE related to its service activity.
- We will process the following personal data related to the vehicle repair, included in all documents connected with it:
- company name and/or first name and surname;
- UIC/Personal ID number;
- address;
- telephone/email;
- vehicle data - chassis, engine displacement, power and others.
- Providing personal data to the SERVICE is voluntary and necessary only for issuing the relevant work documents. These data will be processed for the purposes of our legitimate interests, such as vehicle intake, repair and delivery, as well as for accounting needs in connection with the performance of the ORDER and the vehicle warranty. Personal data will be stored for a period of 2 (two) years unless we are legally obliged to store them for a longer period, for example under applicable accounting or tax legislation.
- The CLIENT has the right to request access to personal data, correction or deletion of such data, and restriction of processing. To the extent that the personal data of the CLIENT are processed for the purposes of performing the ORDER, the CLIENT has the right to data portability. The CLIENT has the right to object to the processing of personal data based on legitimate interests, as well as to the processing of personal data for marketing purposes. The CLIENT has the right to withdraw consent at any time and may exercise the rights described above regarding personal data processing by submitting a written request to the email address: office@tsautobg.com
X. Other conditions.
- In the event of disputes, the parties shall make efforts to settle them voluntarily by mutual agreement. If no agreement is reached, either party may refer the dispute for resolution by court proceedings before the competent authorities, in accordance with the provisions of the Civil Procedure Code and the legislation in force in the Republic of Bulgaria.
- The Terms and Conditions, or part of them, may be supplemented, amended or repealed at any time, and Trans Service Auto Bg OOD has the right to change the characteristics of the services provided and these Terms and Conditions on the basis of changes in Bulgarian and European legislation. Trans Service Auto Bg OOD undertakes to notify the CLIENT of changes to the Terms and Conditions by publishing a notice of the amendments in a visible place on its website and giving the CLIENT sufficient time to become familiar with them.
- The contact details of Trans Service Auto Bg OOD auto service center are as follows:
TS Auto Service Center
Tel. 0700 11 500 / 0884 55 00 82
office@tsautobg.com
These Terms and Conditions were approved by the Manager of Trans Service Auto Bg OOD and are effective as of 01.11.2021.