Cosmetic Maintenance Plan

1. INTRODUCTION

Welcome to you Cosmetic Maintenance Plan Thank you for choosing EMaC. In this document you will find useful information regarding your Cosmetic Maintenance Plan, including its full terms and conditions.

It is important that you read the contents of this document carefully, as it covers subjects such as:

- When and how to request Maintenance Inspections and/or Treatments (Maintenance Events)

- What is covered under the Plan

- What is excluded under the Plan

- Your responsibilities

We hope you find everything you need in this document, however if anything is unclear, please do not hesitate to contact our friendly team who will be more than happy to help.

You will find our full contact details in Section 7.

Your Cosmetic Maintenance Plan is not an insurance policy and is not regulated by the Financial Conduct Authority (FCA). It is an Agreement to provide routine Maintenance Inspections and/or Treatments .

You acknowledge and agree that this Cosmetic Maintenance Plan does not involve the transfer of any risk to us. We do not assume any general or undefined risks beyond those explicitly stated herein. Our risks are limited to obligations as outlined herein and do not include any insurance-like obligations.

The Maintenance and Treatment obligations under this Cosmetic Maintenance Plan are not contingent upon the occurrence of any uncertain or adverse events.

The payment made by you is for Maintenance and Treatment services and are contingent upon specified future events. The parties agree that the amount of payment made by you is based on the costs of the Maintenance Inspections and Treatments which are anticipated cost of providing the agreed-upon services in response to the events determined herein. Please be aware that the benefits provided under this Agreement are only limited to Maintenance Inspection and Treatments and are not intended to serve as coverage for accidental damage or losses typically covered under a comprehensive insurance policy. The Plan Schedule, which together with this Cosmetic Maintenance Plan constitute our Agreement with you. If you require this document in a different format, you can call us on 0330 0996 815 to discuss your individual requirements further.

2. HOW TO BOOK YOUR VEHICLE IN FOR AN INSPECTION OR TREATMENTS (MAINTENANCE EVENT)

To book your vehicle in for an Inspection or Treatment (Maintenance Event) please use the below link. www.emac.co.uk/bookings

You will need to complete the short online form and upload any images that are relevant to the booking. Once received, the Administrator will review the request and be in touch to book your vehicle in. Alternatively, contact the Administrator to arrange for your Maintenance Event using the details below:

Please do not proceed with any Treatments until the request has been authorised by us. It is your responsibility to ensure the repairer calls or emails us before any work is started. Telephone: 0330 0996 815 Email: cosmetic@emac.co.uk

To keep your vehicle in the best condition, we recommend you contact us to book a quarterly Maintenance Inspection and any necessary Treatments. If you don’t book your quarterly Maintenance Inspection, it will not affect your Agreement. Once your vehicle is booked in for its Maintenance Event, you must take your vehicle to the Maintenance Agent or suitable location at the time and date agreed. During your appointment, we will need access to your vehicle, and we may investigate the request further. We may ask for photographic evidence of the area that requires Treatment.

Only our appointed Maintenance Agents can complete Maintenance Events

3. DEFINED TERMS

Administrator: The Administrator of this Agreement is EMaC Limited, EMaC House, Southmere Court, Crewe Business Park, Crewe CW1 6GU, registered number 03158541. The Administrator is appointed as your first point of contact. The Provider may also use additional contractors to provide administration services and technical support. The Provider reserves the right to change the appointed Administrator at any time and will write to inform you prior to such a change.

Agreement: We base this Cosmetic Plan on the information you have provided to the Approved Dealer where you purchased your vehicle. The information is used to produce the Plan Schedule, which together with these terms and conditions constitute our Agreement with you (‘Agreement’).

Approved Dealer: The dealer detailed in the Plan Schedule. This is an agent of the Provider and has been approved to sell Cosmetic Plans and carry out authorised Treatments on the Provider’s behalf.

Maintenance Agent: The Approved Dealer and any other third party appointed by the Provider for the provision of the services detailed under Maintenance Events.

Maintenance Event: Maintenance Inspection and Treatments.

Maintenance Inspection: As determined in Section 5.A.

Plan Schedule: The document that the Approved Dealer provided you, which contains your details, your vehicle details, the Start Date and Expiry Date of your Plan.

Provider/We/Our/Us/EMaC: This Agreement is a contract between you and the Provider. The Provider is EMaC Limited, EMaC House, Southmere Court, Crewe Business Park, Crewe CW1 6GU.

Treatment: A cosmetic Treatment or refurbishment which the Maintenance Agent can complete within two hours with reasonable care and skill. If the Treatment cannot be completed within this time scale, the vehicle may require a body shop repair which is not covered by this Plan. All Treatments are after-market Treatments and vary from that of an automotive factory finish, which is achieved by machinery. The same results cannot be achieved by human capability. The Provider will verify if a Treatment can be completed to an acceptable standard. The Provider will determine if a Treatment can be achieved to an acceptable standard. You, Your: The legal owner or registered keeper of the vehicle as named on the Plan Schedule.

4. ELIGIBILITY

Your vehicle must: ·

  • Be built to and not be modified outside of manufacturer's specifications
  • Not be used for hire or reward, commercial use, professional instruction, competition or off-road use, motor rally, motor racing, speed or duration tests, track days or any practice for these events whether they are timed or untimed.
  • Not be a vehicle used in public service capacity, for example within police force, military service or fire service.
  • Not have a gross weight of more than 3.5 tonnes.

5. BENEFITS

This Plan is an annual service contract provided by EMaC through 4 quarterly Maintenance Events per annum for the duration detailed in the Plan Schedule.

The Plan provides regular attention via the Maintenance Events. This helps to maintain the appearance of your vehicle at a saving on the cost of such Maintenance Events, if purchased separately. The Plan is intended to manage the expected effects of regular motoring and not the type of accidental or other damage covered by a motor insurance policy.

A Maintenance Event consists of a Maintenance Inspection and any Treatments identified during the Maintenance Inspection. The details of the inclusions and exclusions of the Maintenance Event are: Maintenance Events:

A. Maintenance Inspection The Maintenance Inspection will comprise of a visual check on the items listed in Section 1-4 below. This will ascertain whether these items require any Treatment(s). If so, Treatment(s) can be applied to improve these items’ visual appearance.

Section 1

1) Check bonnet

2) Check boot

Section 2

1) Check front bumper

2) Check rear bumper

Section 3

1) Check all exterior door panels

2) Check all quarter panels

Section 4

1) Check condition of all wing mirror casing If the Maintenance Inspection identifies any required Treatment(s), the Maintenance Agent will advise you of any recommended Treatment(s) and whether it is included under the Plan (see Section 5.B for details).

B. Treatments

As part of the Plan, we include Treatments for the items listed in Section 5.A (Section 1-4) if, due to usage, the vehicle suffers minor stone chips or other debris marks, surface scuffs, scrapes or scratches or other minor indentations, from the Start Date and for the duration of the Plan term as stated in the Plan Schedule. Any Treatment specifically listed under the heading ‘Treatments which are not included’ in section 5.B will not be included under the Plan. All Treatments are guaranteed for the lifetime of your ownership of the vehicle.

Treatments which are included:

In the event the Maintenance Agent identifies a Treatment requirement to the Cosmetics of your vehicle, we will provide up to 10 Treatments per annum for the duration of this Agreement. Treatments for scuffs and scratches can only be provided if the damaged areas fall within a 30cm diameter on a single panel and within the definition of a Treatment under this Plan. In addition, we will also provide Treatments for stone chips to the bodywork of the vehicle. A stone chip will be up to 3mm in diameter and 1.5mm in depth and will be filled and sealed to prevent corrosion. Damage may remain visible.

Treatments which are not included:

  • Any treatment request where the Maintenance Event was not completed during the period specified in Section 6.
  • The costs relating to losses normally covered under a comprehensive road risks insurance policy (whether or not an excess applies) or losses resulting from a road traffic accident to the vehicle.
  • As a result of fire or theft of the vehicle.
  • Any treatments to the bonnet or boot (other than light surface scratches or stone chips).
  • Any treatments to the roof.
  • Where the required treatment area in a single request for a single panel is greater than 30cm in diameter.
  • Where the body panel is ripped, perforated or torn or the bumper or wing mirror casings are cracked.
  • Beading, moulding or unpainted plastic panels, accessories, door mouldings, wing mirror glass, window mouldings, lights of any sort or any window panel.
  • Colour fading, oxidisation, hail or corrosion.
  • Treatments required as a result of neglect or a defect.
  • Any loss of use of your vehicle or any additional costs related to the Maintenance Event of any kind.

6. COMMENCEMENT AND DURATION

This Agreement commences from the Start Date shown on your Plan Schedule. It will continue until the Expiry Date shown on your Plan Schedule subject to adherence to these Terms and Conditions. The first quarterly Maintenance Event is to be carried out within 3 months after the Start Date stated in the Plan Schedule and each subsequent Maintenance Event within 3 months of the last day of the previous quarter.

7. GENERAL

General Enquiries (Outside of bookings)

Telephone: 0330 0996 815

Email: cosmetic@emac.co.uk

A. Transfer: This Agreement can be transferred to the next private owner of your vehicle within 14 days of the date of the sale of the vehicle. You can do this by emailing the Administrator using the above contact details to request a Transfer of Ownership. A transfer can only be made in the event of the vehicle being sold by the registered keeper to another private individual (not to a motor trader or retailer).

B. Telephone calls: Any call made in connection with Your Agreement may be monitored as part of training and quality assurance processes.

C. Misinformation: When applying for this Agreement or submitting a request, you or anyone acting on your behalf must take reasonable care to answer all questions honestly and to the best of your/their knowledge. Failure to do so may affect the validity of your Agreement and the provision of services (including Treatments).

D. Governing Law: This Agreement is governed by the law of England and Wales.

E. Cancellation & Refunds

If you cancel this Agreement:

Within 14 days: Contact the Approved Dealer. If you have not used any of the benefits detailed under section 6 of this Agreement, you may cancel this Agreement, and you will be refunded the Product Price stated in your Plan Schedule.

After 14 days: Contact the Administrator. If you have not used any of the benefits detailed under section 6 of this Agreement, you may cancel this Agreement, and you will be issued a pro-rata refund of Product Price for every full unused month until the expiry date stated in your Plan Schedule. The Administrator will deduct a £36 administration fee from the refund balance. For example:

  • Purchase Price: £499
  • Term: 36 months
  • Cancelled month: 24
  • Remaining months: 12
  • Refund due: £130.32 ((£499 / 36 = £13.86 per month) x 12 months = £166.32)
  • Less cancellation fee of £36
  • Balance due: £130.32
  • The administrator will require your bank account details to complete the transfer of the balance due directly to your account. Please allow up to 30 days for the refund process to be completed.
  • If you have used any of the benefits detailed under section 6 of this Agreement, you may cancel this Agreement, however you will not be able to claim any refund.

F. Termination: If you do not comply with the Terms and Conditions, the Agreement will terminate immediately.

8. COMPLAINTS

We hope you are satisfied with your purchase; however, we understand sometimes things may go wrong. If you have a complaint regarding the sale of this Plan, you should contact the supplying Approved Dealer. If you have a complaint regarding the contents of this Agreement, you should contact EMaC’s Customer Care using the following contact details:

Address: Customer Care Department Team, EMaC Limited, EMaC House, Southmere Court, Crewe CW1 6GU, registered number 03158541

Email: complaints@emac.co.uk

Telephone: 0330 0996 815

You can find our Complaints Policy at: www.emac.co.uk/complaints

We hope by contacting the above we will be able to resolve your complaint. However, if you are still not satisfied with the response, you may contact The Motor Ombudsman at: https://www.themotorombudsman.org/consumers/make-a-complaint

Address: The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN

Telephone: 0345 241 3008

None of the above affects any right to legal action.

9. DATA PROTECTION

Data Protection Act 2018. For the purposes of the Data Protection Act 2018, the Data Controller in relation to information you supply is the Approved Dealer. The Data Processor is the Administrator. The Data Controller and the Data Processor may share the information provided, together with other information, with organisations who are the Approved Dealer’s or the Administrator’s business partners, suppliers or agents, for the purposes of customer services, order fulfilment and financial and account administration. The Approved Dealer and the Administrator will not transfer the information you provide to any country outside of the European Economic Area. When you have given the Approved Dealer 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 Approved Dealer or Administrator may charge a small fee in accordance with data protection legislation) and to correct any inaccuracies. The Approved Dealer or Administrator may monitor and/or record telephone calls for staff training and security purposes, and to improve the quality of services that are provided