Terms and Conditions for Total Loss Avoidance Programme
Please read these terms and conditions carefully. These terms and conditions ("Terms") apply to TPS's Total Loss Avoidance Programme (the "Programme"). If you participate in or request participation in the Programme, then you agree to be legally bound by these Terms.
The provider of the Programme is Volkswagen Group United Kingdom Limited, trading as TPS ("TPS"), whose registered office is at Yeoman's Drive, Blakelands, Milton Keynes MK14 5AN. In these Terms "you" means the trader participating in, or requesting participation in, the Programme.
If you have any queries about the Programme or these Terms then please contact us at TPSmarketingsupport@vwg.co.uk.
- TPS makes the Programme available to qualifying repairers and bodyshops in the United Kingdom, with a view to avoiding the write-off of selected vehicles qualifying for assistance through the Programme.
- The Programme is open to:
- authorised repairers and bodyshops operating in the United Kingdom (including sole traders, partnerships and limited companies);
- which are registered on and have a current agreement to use the Bluegrasscoms VISION system,
- Qualifying Businesses receiving an enquiry about crash repairs for a vehicle may input or generate an estimate for such repairs on Audatex, so that the estimate subsequently appears on the VISION dashboard.
- Where the Qualifying Business considers that the vehicle repairs may qualify for assistance through the Programme (because the vehicle would otherwise be at risk of being written off on the instructions of the insurer), it may contact TPS via email TLA@tpsnational.trade and telephone 0333 009 5205. Alternatively, where TPS becomes aware of the estimate through the VISION system and considers that the vehicle repairs may qualify for assistance through the Programme (because the vehicle would otherwise be at risk of being written off on the instructions of the insurer), it may contact the Qualifying Business directly. In either case, TPS will:
- validate part numbers required in connection with the relevant vehicle repairs; and
- consider whether the repairs may qualify for assistance through the Programme, against TPS' applicable Programme criteria from time to time ("TPS Programme Criteria").
- Where TPS considers that the relevant vehicle repairs meet the TPS Programme Criteria ("Qualifying Repairs"), it shall contact the Qualifying Business to verify the estimate and the requirements to save the vehicle (a "Qualifying Vehicle") from write-off. Where, following such verification, TPS continues to be satisfied that the repair of the Qualifying Vehicle meets the TPS Programme Criteria, it may offer to the Qualifying Business a level of discretionary additional support in connection with any order or orders from TPS, with the aim of helping to save the Qualifying Vehicle from write-off. Such level of discretionary support will be conditioned on the receipt of the relevant order or orders.
- The criteria included within the TPS Programme Criteria, the application of the TPS Programme Criteria and the level of any support to Qualifying Businesses in connection with the repair of a Qualifying Vehicle shall be at the sole discretion of TPS. TPS is under no obligation to offer support through the Programme in connection with any vehicle repairs (including the repair of any Qualifying Vehicle) and where it does offer such support, is under no obligation to ensure that the level of such support is sufficient to save the vehicle from write-off.
- Qualifying Businesses are under no obligation to make any order from TPS in connection with which discretionary support may be provided through the Programme.
- It shall be the responsibility of the Qualifying Business to:
- ensure that the parts required and the associated estimate for repairs to any Qualifying Vehicle is accurate and complete in all respects on the VISION system;
- provide to TPS all such information as TPS may reasonably request in connection with participation in the Programme, TPS' assessment of any vehicle repair estimate against the TPS Programme Criteria and the repairs to any Qualifying Vehicle;
- contact the insurer to gain their approval to repair the Qualifying Vehicle, if and to the extent that any discretionary support may be provided under the Programme;
- manage the relationship and all communications with the insurer and owner of the Qualifying Vehicle, be party to all contracts with such owner and provide all repairs which it agrees to provide.
- No indication from TPS that it may be prepared to offer discretionary support through the Programme shall constitute an offer capable of acceptance by the Qualifying Business and no contract in relation to the provision of any discretionary support shall be formed between the Qualifying Business and TPS, unless and until the applicable order or orders, in connection with which the discretionary support is provided, is (or are) accepted by TPS in accordance with TPS' standard terms and conditions of sale available at https://tps.trade/terms-and-conditions-of-sale ("Terms and Conditions of Sale").
- TPS' sole responsibility under these Terms shall be to provide the level of discretionary support (if any) which it agrees to provide through the Programme on a sales invoice to the applicable Qualifying Business, as from the date on which the applicable order or orders are accepted by TPS in accordance with the Terms and Conditions of Sale.
- Any discretionary support provided in connection with the Programme shall be conditioned on:
- the Qualifying Business securing approval from the insurer and the owner of the Qualifying Vehicle to repair the Qualifying Vehicle;
- the Qualifying Business proceeding to make the order or orders from TPS in connection with the repair of the Qualifying Vehicle on which TPS' proposal to provide such discretionary support is conditioned;
- such order or orders being accepted by TPS in accordance with the Terms and Conditions of Sale;
- the Qualifying Business complying in all respects with these Terms and the Terms and Conditions of Sale.
- The Qualifying Business undertakes to apply any such discretionary support provided by TPS to the repair of the Qualifying Vehicle in respect of which such discretionary support was granted.
- Any discretionary support provided by TPS shall be applied on TPS' sales invoice to the relevant Qualifying Business.
- Any parts purchased from TPS by a Qualifying Business are purchased on the basis of the Terms and Conditions of Sale. Parts are invoiced and delivered by the local TPS Centre assigned to the Qualifying Business by TPS.
- All parts ordered from TPS are subject to availability.
- Orders for parts in connection with which discretionary support is provided as part of the Programme may not be cancelled or returned for credit in accordance with Condition 3 of the Terms and Conditions of Sale.
- Discretionary support provided through the Programme is additional to any normal trade discount available to you through the Terms and Conditions of Sale but cannot be used in conjunction with any other offers, promotions or discount vouchers.
- TPS reserves the right to delay, postpone, vary or terminate the Programme and/or to amend, vary or alter these Terms at any time, without prior notice or compensation, to the extent it considers it necessary to do so.
- TPS' liability in respect of any accepted orders from TPS shall be as set out in the Terms and Conditions of Sale. TPS will not otherwise be liable for any loss or damage of any nature, howsoever caused, sustained in any way by any participant in the Programme. However, nothing in these Terms shall have the effect of excluding or restricting liability for personal injury or death caused by proved negligence of Volkswagen Group United Kingdom Limited nor any other liability which it would be unlawful to exclude or restrict.
- If there is a conflict in these Terms with any other terms whatsoever attached to any other advertising material in respect of the Programme, these Terms will take precedence.
- If any part of these Terms is held to be invalid, it will not affect the validity or enforceability of the rest of the Terms.
- TPS may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Terms or in connection with the Programme.
- You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under these Terms without TPS' prior written consent.
- These Terms, together with the Terms and Conditions of Sale, constitute the entire agreement and understanding of the parties and supersede any previous agreement, promises, assurances, warranties, representations and understandings between them relating to its subject matter.
- A failure to exercise or delay in exercising a right, power or remedy provided by these Terms or by law does not constitute a waiver of that right, power or remedy nor shall any single or partial exercise of any such right, power or remedy preclude its further exercise.
- No one other than a party to a contract formed on the basis of these Terms and their permitted assignees shall have any right to enforce any of these Terms.
- The Programme and these Terms (including any non-contractual disputes or claims arising out of them) are subject to English law. Any disputes must be referred to the English courts.
(each a "Qualifying Business"). Qualifying Businesses will need a TPS customer account number and a TPS credit account in order to receive any support through the Programme.