Terms & Conditions
THIS AGREEMENT is made on the date the terms and conditions were accepted via www.damagereclaim.com
A) The aforementioned client, where contact details (name, address, telephone number, email) were provided to Damage Reclaim via www.damagereclaim.com (hereinafter known as the “Client”)
B) Damage Reclaim (registered number 10685457) whose registered office at Kemp House, 160 City Road, London, EC1V 2NX (hereinafter known as the “Company”)
It is hereby agreed:
1.1 The Client hereby engages the Company to provide their Services which are subject to the terms and conditions of this agreement.
1.2 It is hereby agreed the Company will act for and on behalf of assisting the Client in assessing and reviewing all invoices and disputes with the Leasing, Rental or Finance provider.
1.3 Acceptance of the terms and conditions by The Client provides authority to the Company to act on behalf of and to progress the dispute and discuss matters directly with the Leasing, Rental or Finance provider.
1.3.1 The participation of the Company is offered subject to agreed fees (see section 3.0 Fees).
1.3.2 The Client will provide copy of Invoices, Vehicle Collection Documentation, damage, Vehicle Inspection Documentation, photographs & video and copy of agreement with the Leasing, Rental or Finance provider (if required) and any other supporting documentation relating to the invoice dispute. Failure to do so may jeopardise a successful claim.
1.4 The Company agrees to hold in confidence any confidential information relating to the Clients affairs that may come to the Company’s knowledge as a result of providing this service.
1.5 Payment shall be made against an invoice issued by the Company after the Leasing, Rental or Finance provider have confirmed in writing the agreed invoice reduction. Payment will become due immediately, and accepted without penalty up to 7 days from issue.
2.1 All fees are calculated as a percentage of a successful claim, should the Company not identify any reduction of the invoice, there shall be no fee payable by the Client.
2.2 The Client agrees to pay the Company 30% of the total credited value of the damage invoice and any compensatory payments secured as part of this process.
2.3 The Company understands and will exercise its statutory right to claim interest (4% above Bank of England Base rate at time of invoice) and compensation (£50 administration fee) for debt recovery costs under the late payment legislation if the agreed payment terms are not met.
2.4 The Company are not a VAT registered company and therefore all fees quoted do not include VAT.
2.5 From time to time, the Company may agree to provide additional services to the Client, outside the scope of this Agreement. In this event, the scope of such additional work shall be agreed between the Company and the Client.
2.6 Should the Leasing, Rental or Finance provider raise an enquiry after the claim has been settled, the Company will not be responsible for responding. If Client requires the Company to respond, an additional fee (£25) will be charged.
3.1 The Company’s obligations under this Agreement are concerned with achieving a successful outcome for the Company on behalf of the Client but the Client acknowledges and agrees that the Company has not given any commitment to the Client that the actions of Company shall be processed and accepted by the associated Leasing, Rental or Finance provider.
3.2 The Company shall under no circumstances whatsoever be liable to the Client for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement. The Company’s total liability to the Client in respect of all other losses arising under or in connection with the Agreement, shall under no circumstance exceed the total fees paid by the Client for the Services.
4.0 Governing Law and Jurisdiction
4.1 This Agreement shall be governed by and construed in accordance with English law. Each party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement.
4.2 This Agreement constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further agreement in writing signed by the parties hereto.
In the absence of a signed Agreement, the date recorded on the Company’s website will act as the acceptance of these terms and Conditions by the Client.
For and on behalf of Damage Reclaim Limited:
Signed: Nathan Gardiner
Name: Nathan Gardiner
Position: Managing Director
Date: Confirmed as the date acceptance of terms and conditions by the Client