Terms and Conditions
Welcome to Nixon Automotive Ltd. We specialize in the service and repair of BMW and Mini vehicles. By engaging with any our services, whether in-store, over the phone, or online (email, text message, or other forms of communication), you agree to abide by the terms and conditions set forth in this document. These terms are intended to ensure that our services meet your expectations and that you understand the obligations of both parties. If you do not agree with these terms, please refrain from using our services.
1. Services Provided
We specialize in diagnostic, repair, and maintenance services for BMW and Mini vehicles. Our services are provided in person, via phone, email, or text message, and are subject to the following conditions:
- Diagnosis and Recommendations: It is our standard practice to conduct a full diagnostic assessment before proceeding with any repairs or maintenance. We recommend that all clients allow for a proper diagnosis to ensure the correct issues are addressed. Any specific repair requests must be clearly communicated and agreed upon, and may limit our ability to fully assess or address other potential issues.
- Customer Requests: In cases where a customer requests a specific repair without a full diagnosis, the customer acknowledges that this may result in incomplete service and may not address all underlying issues with the vehicle.
2. Payment Terms
- Pricing: All pricing for services is discussed and agreed upon prior to starting any work. If the scope of work changes or additional services are required during the repair process, we will notify you of any major additional costs before proceeding.
- Major Costs: Major additional costs (such as engine or transmission repairs, major parts replacements, etc.) will require your prior approval. We will contact you to discuss and obtain authorization before proceeding with any work that exceeds the original estimate.
- Minor Costs: For minor repairs or parts replacements during an authorized repair (such as light bulbs, hoses, filters, etc.), we may proceed with these replacements without prior approval in accordance with your original service request, but we will always inform you of any additional work being performed.
- Payment: Payment for services is due upon completion of the service or as agreed in writing in advance. Acceptable forms of payment include Visa, MasterCard, Debit and Cash.
- Chargebacks: We reserve the right to contest any chargebacks initiated by the customer. If you feel there has been a misunderstanding or miscommunication regarding services or charges, please contact us directly for resolution prior to initiating any chargeback. We are committed to ensuring that all services are clearly understood and agreed upon prior to commencement.
3. Responsibilities of the Customer
- Accurate Information: The customer agrees to provide accurate information regarding their vehicle, including any known issues, history of repairs, and specific service requests.
- Authorizations: All services must be authorized by the customer in advance, either in person, via phone, email, or text message. If a customer requests a specific repair or service without allowing for a full diagnosis, they acknowledge that the repair may not resolve the underlying issues with the vehicle and that Nixon Automotive Ltd. will not be responsible for any consequences resulting from incomplete work.
4. Limitation of Liability
- Scope of Liability: Nixon Automotive Ltd. will not be held liable for any indirect, incidental, or consequential damages arising from the performance or non-performance of services. This includes, but is not limited to, loss of use, loss of time, or loss of profits.
- Vehicle Condition: We will take all reasonable care in handling your vehicle, but we are not responsible for any pre-existing damage, defects, or issues that were not disclosed or identified at the time of service. It is the responsibility of the customer to provide Nixon Automotive Ltd. with all known defects, prior damage, or maintenance history at the time of service drop-off.
- Indemnification: The customer agrees to indemnify, defend, and hold harmless Nixon Automotive Ltd., its employees, agents, and contractors, from any and all claims, damages, liabilities, and expenses (including legal fees) arising from the customer’s misuse of the vehicle, failure to maintain the vehicle according to manufacturer recommendations, or failure to follow instructions provided by Nixon Automotive Ltd. during or after the service. This includes, but is not limited to, any claims related to modifications, neglect, or failure to maintain the vehicle as recommended after repairs are completed.
5. Warranty
At Nixon Automotive, we are committed to providing high-quality parts and services. The following warranty terms apply to repairs and parts purchased and installed by Nixon Automotive, and they supersede any previous verbal or written agreements.
Coverage Terms
3-Year Unlimited Mileage Warranty on Parts and Labour: If you purchase replacement parts from Nixon Automotive and have them installed by our certified technicians, we offer a 3-year unlimited mileage warranty on both parts and labour. This warranty covers defects in material and workmanship and is available only to the original customer for the specific vehicle serviced.
12-Month Unlimited Mileage Warranty on Parts Only: If you purchase replacement parts from Nixon Automotive and have them installed by a third party, your warranty covers parts only for a period of 12 months, unlimited kilometers.
Used Parts Warranty: If used or reconditioned parts are installed as part of your repair, these parts are covered by a 90-day parts-only warranty. Labour associated with the installation of used parts is not covered under this warranty.
Aftermarket Parts Warranty: Aftermarket parts installed by Nixon Automotive are covered by the manufacturer’s warranty on parts only. Labour associated with the installation of aftermarket parts is not covered under this warranty.
What is Not Covered
The following exclusions apply to all warranties:
Wear and Tear: Parts that are subject to normal wear, discolouration, fading, deterioration, or deformation, including but not limited to brake rotors, friction materials, drive belts, light bulbs, wiper blades, and fuses.
Installation Issues: Damage caused by parts that do not meet the original vehicle manufacturer’s specifications or damage from using other manufacturer’s parts or products in conjunction with the vehicle’s original systems.
Maintenance Services: Regular maintenance items such as spark plugs, lubricants, fluids, engine tune-up parts, filters, coolant, refrigerant, and mechanical adjustments resulting from normal wear and tear.
Corrosion or Contamination: Damage resulting from improper or contaminated coolant, or from the use of improper fuel.
Environmental and External Factors: Damage from accidents, environmental influences (flood, fire, road salt), collisions, or improper collision damage repairs.
Competitive Use: Vehicles used in competitive events, on race tracks, or subjected to custom-designed competition parts are not covered under warranty.
Additional Costs: Return shipping, towing, rental car fees, or damages resulting from the loss of time, inconvenience, or loss of use of the vehicle are not covered.
Aftermarket and Used Parts: These parts carry the manufacturer's warranty only. Labour associated with these parts is not covered.
Warranty Claims
To file a warranty claim, please contact Nixon Automotive immediately, providing:
- Proof of purchase (invoice or service order)
- A description of the issue
- Any supporting documentation requested
If the issue is covered under warranty, Nixon Automotive will arrange for a resolution, which may include a repair, replacement, or part(s). Please note that labour is only covered under the 3-year unlimited mileage warranty.
Non-Transferability
All warranties are non-transferable and apply only to the original customer for the specific vehicle serviced.
6. Dispute Resolution
- Communication: In the event of a dispute regarding services rendered, we encourage customers to contact us directly to resolve any issues before escalating the matter.
- Chargebacks: If a customer initiates a chargeback for any reason, we will work directly with the payment processor to contest the chargeback, provided we have documentation to show the work was completed as agreed upon.
- Legal Recourse: Any unresolved disputes may be subject to legal action in accordance with the laws of British Columbia, Canada. Customers agree that any legal action or dispute will be resolved exclusively in the courts of Burnaby, British Columbia, to the exclusion of all other jurisdictions.
7. Cancellation and Refund Policy
Customers may request to cancel services or request a refund under the following conditions:
- Cancellation: Customers may cancel services before any work has been started. After work has commenced, cancellation may not be possible, and the customer may be responsible for payment for services already rendered.
- Refunds: Refunds will be considered on a case-by-case basis and may be issued for services or parts that are defective or not rendered according to the agreement. Refund requests must be made in writing within 15 days after service completion.
8. Force Majeure
Nixon Automotive Ltd. will not be held liable for any failure to perform our obligations under these Terms and Conditions caused by events beyond our reasonable control, including but not limited to acts of God, pandemics, government actions, natural disasters, fires, or supply chain disruptions. We will notify affected customers as soon as reasonably possible, subject to availability, via email, or on our website.
9. Privacy and Data Protection
We are committed to protecting your privacy. Any personal information provided to us will be handled in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada.
- Use of Data: We may collect personal and vehicle information for the purpose of servicing your vehicle, maintaining accurate records, and complying with applicable laws. We will not share your personal information with third parties without your explicit consent, except where required by law, or in the event of third-party service contracts necessary for fulfilling our obligations to you.
- We store and handle all customer data in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and the British Columbia Personal Information Protection Act (PIPA). For more information, please refer to our Privacy Policy on our website https://nixonautomotive.com/privacy
- We retain your personal information in accordance with our retention schedules which ensure that we do not keep your personal information longer than necessary.
10. Intellectual Property
All content, documents, logos, and materials provided by Nixon Automotive Ltd. are the intellectual property of the company and may not be reproduced, distributed, or used without prior written consent. Customers may use service records and documents solely for personal purposes related to their service.
11. Call Recording and Video Surveillance
To ensure quality service and for training purposes, we may record phone calls and video surveillance in and around our service facility. By interacting with our business, you consent to the following:
- Phone Calls: All phone calls made to or received by Nixon Automotive Ltd. may be recorded. These recordings may be used for quality assurance, training, dispute resolution, and service improvement.
- Video Surveillance: For the safety and security of our customers, employees, and property, Nixon Automotive Ltd. uses video surveillance at our facility.
- Telephone recordings and video footage may be stored and accessed by authorized personnel only.
By using our services, you acknowledge and agree to the collection, use, and storage of recorded phone calls and video surveillance footage as described.
12. Third-Party Services and Products
Certain services or products may involve the use of third-party suppliers or manufacturers (such as aftermarket parts or major components like engines and transmissions). These third parties may have their own terms and conditions or warranties that apply in addition to those provided by Nixon Automotive Ltd. It is the customer's responsibility to review and comply with those terms when applicable. Nixon Automotive Ltd will handle all warranty claims with the manufacturer on your behalf, as applicable.
13. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in Burnaby, British Columbia, Canada. The customer expressly agrees to this venue and waives any objection to the jurisdiction and venue of such courts.
14. Modifications to Terms and Conditions
We reserve the right to modify these terms and conditions at any time. Any changes will be communicated to customers through our website, email, or at the time of service. Continued use of our services after changes are made signifies your acceptance of those changes. It is the customer’s responsibility to review these terms periodically to stay informed of any updates.
15. Customer Satisfaction and Complaints
We are committed to ensuring the highest quality of service. If you have any complaints or concerns, please contact us directly at 604-432-9333 or [email protected]. We will make every effort to resolve the issue promptly and fairly.
16. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable, while maintaining the intent of the original provision as closely as possible.
17. Contact Us
If you have any questions or concerns regarding these terms and conditions, please contact us at:
Nixon Automotive Ltd.
6935 Buller Avenue
604-262-1141
[email protected]