Terms and conditions.

These are the general customer terms of DSBM Auto Center Ltd (Company No. SC881368), trading through DSBM services including DSBM Transport & Recovery. They are intended to apply across recovery and transport work and, where linked or presented, DSBM digital systems including the DSBM App, quote, invoice/payment, membership and customer services.

1. Who you are contracting with.

Your contract is with DSBM Auto Center Ltd, unless a booking confirmation clearly identifies another contracting party. References to “DSBM”, “we”, “us” and “our” mean DSBM Auto Center Ltd. References to “you” and “customer” include the person, business or organisation booking or authorising the service.

These terms apply to consumers and business customers. Additional written terms for a particular membership, insurer, trade account, subcontracted job or specialist service may also apply. Specific written job terms take priority over these general terms to the extent they lawfully conflict.

2. Booking, authority and acceptance.

A booking can be made or confirmed through phone, WhatsApp, SMS, email, a DSBM website, the DSBM App, a quote/booking system, a customer portal or another agreed method.

The person booking confirms that they have authority to instruct DSBM in relation to the vehicle. This may be as owner, keeper, lawful possessor, insurer, garage, bodyshop, fleet operator, finance/claims representative or another authorised agent.

DSBM may request identification, keys, proof of ownership/authority, an insurer or police reference, release authority or other information before collecting, accessing or releasing a vehicle.

DSBM may decline a job where authority is genuinely disputed, the requested work would be unlawful, or there is insufficient information to carry it out safely.

3. Quotes, estimates and pricing.

Quotes are based on the information available at the time, including collection and delivery locations, route/distance, vehicle type, dimensions, weight, condition, access, urgency, time, equipment and information supplied by the customer.

Where a price is described as an estimate, approximate price, about price or similar, the final price may change where the job is materially different from the information used to calculate it.

DSBM may reasonably charge for additional work or cost caused by circumstances including:

• additional or changed mileage/destination;
• waiting time, repeated attendance or failed handover;
• winching, skates, specialist loading or additional equipment;
• off-road, accident or difficult-access recovery;
• an incorrectly described non-runner, locked/seized vehicle or missing keys;
• ferry fares, tolls, parking, access or third-party charges reasonably incurred;
• storage;
• additional labour reasonably required because the vehicle or scene differs materially from the booking information.

Where practicable, DSBM will explain a material additional charge before it is incurred. Consumer charges must remain subject to applicable law and cannot be made unfair merely by appearing in these terms.

4. Deposits and advance payments.

DSBM may require a deposit or advance payment before reserving a scheduled job, dispatching, travelling a significant distance or incurring route-specific costs. The amount and due time should be stated in the quote or booking confirmation.

If a consumer cancels, DSBM will only retain or charge an amount it is lawfully entitled to retain or charge, taking account of work already performed, reasonable costs incurred and direct loss caused by the cancellation. A deposit is not automatically non-refundable in every situation.

5. Payment terms.

Unless DSBM has expressly approved insurer billing, a trade/credit account or another written arrangement, the customer is responsible for ensuring that all charges are paid when due.

DSBM may require payment before dispatch, collection, delivery, unloading or release depending on the job. Payment is not treated as cleared merely because a transfer has been initiated or a screenshot has been provided.

Invoices and payment requests may be issued through DSBM invoice/payment systems, email, SMS, WhatsApp or another agreed method.

6. Full payment before unloading or release.

If payment is not made when due at the destination, DSBM may, where safe and lawful, keep the vehicle loaded, decline to release it, return it to DSBM or another suitable secure storage location, and charge the reasonable additional mileage/time caused by the failed delivery.

If a safety, police, site or legal requirement means the vehicle has to be unloaded, that does not by itself waive a properly due balance.

7. Non-payment, failed delivery and storage.

If a vehicle cannot be handed over because the required payment has not been made, the customer or recipient refuses/does not attend the handover, lawful release authority is missing, or another customer-controlled issue prevents completion, DSBM may return the vehicle to secure storage where reasonable and lawful.

For these terms, a storage day is a commenced 24-hour period from the vehicle entering chargeable storage, unless the booking/invoice states another clear basis. Storage continues until the vehicle is lawfully released, collected or otherwise dealt with.

Where DSBM has a lawful right of retention or lien over a vehicle in its possession, DSBM may retain possession while charges properly due in relation to that vehicle/job remain unpaid. The existence and scope of any such right depends on the circumstances and applicable law.

DSBM will not treat these terms as permission to simply sell, scrap or dispose of a customer's vehicle because a bill is unpaid. Any disposal of an uncollected vehicle will only be undertaken where DSBM is legally entitled to do so and after any process/notices required by law.

8. Unpaid invoices and debt recovery.

DSBM may issue reminders, suspend non-emergency credit/account services, withdraw credit terms, refer a properly due debt to a debt-recovery provider or use court procedures. Interest, recovery costs and court fees will only be claimed where permitted by contract and law.

Nothing prevents a customer from raising a genuine dispute, chargeback or statutory claim. A disputed amount should be raised promptly with enough information for DSBM to investigate it.

9. Insurance, accident and insurer-controlled vehicles.

DSBM may recover, transport or store vehicles following an accident, breakdown, police incident, insurer instruction, claims-company instruction, garage/bodyshop instruction or direct instruction from an owner/keeper.

DSBM may require an insurer name, claim/reference number, police reference, keys, location, proof of ownership/authority and release instructions.

Where an insurer, claims handler, salvage agent, garage or bodyshop is involved, DSBM may communicate relevant vehicle, job, location, condition, invoice and release information to parties reasonably involved in the claim or movement.

An insurer being involved does not automatically mean that insurer has accepted DSBM's charges. Unless DSBM has expressly accepted direct billing to the insurer or another third party, the person/business that booked or authorised the work remains responsible for ensuring payment is made.

If DSBM has expressly agreed direct insurer billing, the agreed insurer/trade payment arrangement applies to that job. If the scope of the insurer's authority or payment is disputed, DSBM may pause release while the parties clarify the instruction, provided DSBM acts lawfully and reasonably.

DSBM may release an insurance/accident vehicle only to the owner/keeper, insurer, salvage agent, repairer, recovery operator or other person DSBM reasonably believes is authorised to receive it. Proof of identity or written/recorded authority may be required.

10. Collecting belongings from stored or insurance vehicles.

An owner/keeper or authorised person may request reasonable access to collect ordinary personal belongings from a vehicle held by DSBM, including an insurance or accident vehicle.

Customers should arrange access before attending. DSBM may require photo ID, proof of authority and may supervise or record the collection for security and claim records.

Collecting personal belongings does not release the vehicle itself. Vehicle release may still require payment, insurer authority, police release, proof of entitlement or another lawful requirement.

Items forming part of the vehicle, fixed accessories, keys needed for the vehicle, evidence subject to a police/insurer restriction, hazardous items or anything that cannot safely be removed may be excluded from an ordinary belongings collection.

Access may be delayed or refused where the vehicle is structurally unsafe, contaminated, burnt, flooded, electrically hazardous, under police restriction or otherwise unsafe to enter. DSBM will try to arrange a safer alternative where reasonably possible.

11. Personal property left in vehicles.

Customers should remove valuables and loose belongings before transport where reasonably possible. DSBM is not responsible for loss or damage to undisclosed or unsecured property left in a vehicle except to the extent caused by DSBM's negligence or another liability that cannot legally be excluded.

Illegal goods, firearms, explosives, hazardous chemicals, dangerous goods or other high-risk items must not be left in a vehicle unless DSBM has expressly agreed and all legal/safety requirements have been met.

12. Vehicle condition and information you must disclose.

The customer must tell DSBM about anything that may materially affect safe recovery, loading or transport. This includes a vehicle that:

• does not start, roll, steer or brake normally;
• has no keys, locked steering, electronic handbrake/transmission issues or seized wheels;
• has flat/missing tyres, damaged suspension or loose bodywork;
• is lowered, modified, unusually wide/high/long/heavy;
• is crashed, rolled, in a ditch/field, off-road, burnt, flooded or structurally unstable;
• has fluid leaks, battery/high-voltage damage or another hazardous condition;
• contains a load or equipment affecting weight, dimensions or safe securing.

If the vehicle is materially different from the description supplied, DSBM may revise the method, equipment, timing or price, or decline the job where it cannot be completed safely or lawfully.

13. Weight, dimensions and legal limits.

DSBM will not knowingly operate a recovery vehicle, trailer or transporter outside legal weight, axle, dimension or equipment limits. The customer must not knowingly provide false vehicle weight/dimension information.

If DSBM attends and the vehicle cannot legally or safely be carried by the planned equipment because of incorrect information, reasonable attendance/mileage costs already incurred may remain payable.

14. Loading, securing and unloading.

DSBM decides the safe loading, recovery, securing and unloading method. Customers and bystanders must follow reasonable safety instructions and must not interfere with winches, straps, ramps, recovery equipment or vehicle movements.

If the requested loading or delivery point is unsafe or unsuitable, DSBM may use a reasonably suitable alternative location/method after discussing it where practicable.

15. Collection and delivery access.

The customer must disclose access restrictions such as narrow roads, soft ground, height barriers, underground parking, steep gradients, gated compounds, weight limits, restricted hours or difficult turning space.

DSBM is not required to enter or remain in a location the operator reasonably considers unsafe, unlawful or unsuitable for the recovery vehicle/trailer.

16. Waiting time, no-access and aborted jobs.

Reasonable additional charges may apply where DSBM attends but cannot complete the job because the customer/vehicle is unavailable, access is not available, keys or authority are missing, a recipient refuses the vehicle, DSBM has been given materially inaccurate information, or waiting exceeds what was reasonably included in the price.

17. Cancellations.

Where a booking is cancelled, any cancellation charge must reflect what DSBM is lawfully entitled to recover, such as work already performed, mileage/time already incurred, non-recoverable third-party costs and direct loss caused by the cancellation. DSBM will not treat an excessive penalty as enforceable merely because it appears in these terms.

Consumer distance/off-premises cancellation rights apply where the law says they do. Exceptions may apply to certain urgent repair/maintenance requests and certain transport services booked for a specific date or period.

If a consumer asks DSBM to begin work during a statutory cancellation period, DSBM may request express consent to start. Where permitted by law, the customer may have to pay for the proportion of service already supplied before cancellation.

18. ETAs, weather and delays.

Unless expressly guaranteed in writing, arrival and delivery times are estimates. Traffic, weather, road closures, ferries, police instructions, previous emergency work, equipment failure, driver-hours requirements and unsafe conditions can change an ETA.

DSBM will use reasonable care in providing the service and will keep customers informed of significant known delays where practicable.

19. Safety and right to refuse/stop work.

DSBM may refuse, pause or stop work where continuing would reasonably be considered unsafe, unlawful, outside equipment capability or likely to expose people/property to unacceptable risk.

This includes live-traffic danger, unstable accident vehicles, fire or high-voltage hazards, severe weather, unsafe ground, aggressive behaviour, excessive weights/dimensions or police/emergency-service restrictions.

20. Police and emergency scenes.

At an accident, police-controlled or hazardous scene, DSBM must follow lawful directions from police, fire and rescue, roads/highways personnel or other competent authorities. Those directions may affect timing, access, recovery method and destination.

21. Roadside assistance, mobile repairs and diagnostics.

Roadside and mobile support is provided where suitable and safe. Not every fault can be permanently repaired or conclusively diagnosed at the roadside. DSBM may recommend further diagnosis, recovery or workshop repair.

A scan result, warning-light interpretation or roadside assessment is not a guarantee that every fault has been found. DSBM remains responsible for performing the agreed consumer service with reasonable care and skill.

22. Parts and customer-supplied parts.

If DSBM supplies parts, any applicable manufacturer/supplier warranty may also apply. If DSBM agrees to fit a customer-supplied part, DSBM is not responsible for a defect inherent in that part or incompatibility that could not reasonably have been identified beforehand, but remains responsible for the quality of its own fitting/work.

23. Pre-existing damage and fragile vehicles.

DSBM is not responsible for damage or defects that existed before DSBM took control of the vehicle, or for deterioration caused by the vehicle's own defective, corroded, accident-damaged or unstable condition, except to the extent DSBM causes additional damage by failing to exercise reasonable care and skill.

This can include loose panels, damaged suspension, seized components, hidden corrosion, fragile bodywork, existing underbody damage, deteriorated tyres or severe accident damage.

24. Photos, video and condition records.

DSBM may photograph or video vehicles, recovery scenes, loading, delivery, damage, belongings collections and job progress where reasonably necessary for condition records, safety, customer updates, insurance/claim evidence, training or dispute handling.

Operational evidence is separate from public marketing. Public use of identifiable customer information is handled in accordance with DSBM's Privacy Notice and applicable law.

25. Tracking, GPS and customer location.

DSBM may use fleet tracking to manage DSBM vehicles, improve ETAs, protect equipment and provide customer job/tracking links. This does not mean DSBM continuously tracks a customer's personal device.

If a customer sends GPS coordinates using the DSBM website, DSBM App, quote system, WhatsApp or another service, the location may be used as part of the enquiry/job as described in the Privacy Notice.

26. Liability and customer rights.

Nothing in these terms excludes or limits liability where the law does not permit this, including liability for death/personal injury caused by negligence, fraud/fraudulent misrepresentation or statutory consumer rights that cannot be excluded.

For consumer services, DSBM remains subject to the legal requirement to perform the service with reasonable care and skill.

Subject to those rights, DSBM is not responsible for loss that was pre-existing, caused by inaccurate/withheld customer information, caused by an inherent defect or unsafe condition not created by DSBM, caused by unsecured undisclosed contents, or otherwise not reasonably foreseeable when the contract was made, except where applicable law makes DSBM responsible.

27. Business-customer losses.

For business customers only, subject to applicable law, DSBM will not be liable for indirect/consequential business loss, loss of profit, revenue, opportunity, goodwill or anticipated savings unless specifically agreed in writing. This does not restrict liability that cannot legally be restricted.

28. Damage claims.

If a customer believes DSBM caused damage, it should be reported as soon as reasonably possible with the job reference, photographs and relevant evidence. Where appropriate DSBM may inspect the vehicle or refer the matter to its insurer.

Prompt reporting assists investigation but does not remove a legal right simply because damage was not spotted immediately.

29. Subcontractors and partner recovery operators.

DSBM may use an appropriately selected subcontractor, recovery partner or specialist where reasonably necessary because of location, vehicle type, specialist equipment, availability or safety. Relevant job information may be shared as described in the Privacy Notice.

Where the customer contracts directly with DSBM and DSBM appoints the subcontractor, subcontracting does not remove responsibilities DSBM has to the customer under applicable law.

30. Abuse, threats and unsafe behaviour.

DSBM may stop or refuse non-essential service where a person is threatening, violent, seriously abusive, creates a safety risk, obstructs recovery operations or asks DSBM to act illegally. Reasonable costs already incurred may remain payable where legally recoverable.

31. Keys, documents and handover.

DSBM may record receipt and transfer of vehicle keys and relevant documents. Customers should not leave irreplaceable documents or unnecessary valuables in the vehicle.

32. Roadworthiness after delivery.

Recovery or transport does not certify that a vehicle is safe, roadworthy, taxed, insured or otherwise lawful to drive. The owner/driver is responsible for ensuring the vehicle is lawful and safe before it is driven after delivery.

33. DSBM Membership.

Membership may have additional terms covering registered vehicles, included services/mileage, rescue limits, billing, renewal, eligibility and exclusions. Those specific membership terms apply to membership benefits in addition to these general terms.

Membership cannot require DSBM to perform work where it would be unsafe, unlawful or outside reasonable equipment/operational capability.

34. DSBM App.

The DSBM App may provide accounts, vehicle management, membership functions, emergency/recovery features, location tools, notifications, reminders, quote/job tools, vehicle information and links to other DSBM services.

The app is not a replacement for police, ambulance or fire and rescue. Where there is immediate danger, injury, fire, a live-lane incident or another emergency requiring emergency services, the user should contact the appropriate emergency service first.

The app may depend on internet connectivity, device permissions, Apple/Google services, mapping, notification services, DSBM servers and other third parties. DSBM does not guarantee uninterrupted availability.

Users are responsible for protecting their account/device and must not deliberately misuse emergency, location, verification or notification features.

35. DSBM online quote and booking systems.

The DSBM quote system may calculate or suggest prices using the information entered, route/distance data and DSBM pricing rules. An estimated quote remains subject to the vehicle/job matching the information supplied.

Verification codes, SMS features and booking links must not be deliberately spammed, abused or used to make false bookings. DSBM may rate-limit, block or investigate misuse.

Submitting a quote request does not necessarily mean DSBM has accepted the job. Acceptance occurs when DSBM confirms the booking or otherwise begins performance as described above.

36. DSBM invoices and payment systems.

Invoices may include agreed job charges and properly incurred extras such as mileage, waiting time, additional recovery work, storage and third-party costs. Customers should raise invoice queries promptly.

DSBM may record whether a payment/invoice link has been issued or opened and may record payment status for administration and debt management, as explained in the Privacy Notice.

Payment providers may process card details directly. DSBM does not require customers to send full card details in ordinary WhatsApp messages or emails.

37. Vehicle checks and external vehicle data.

Where DSBM services display MOT, tax, registration, vehicle identity, mileage/history or other information obtained from official or authorised sources, the information is provided as a useful check and may be subject to source delays/errors.

A vehicle-data result is not a guarantee of present mechanical condition, ownership, finance status, insurance status or roadworthiness unless the specific service expressly says otherwise.

38. Calls, WhatsApp, SMS and email.

DSBM may use the contact details supplied to confirm a booking, request missing information, request payment, provide ETA/job updates, send location/tracking/invoice links, handle a claim and communicate about the service.

A booking or instruction agreed over phone, WhatsApp, SMS or email may form part of the contract and may be retained as business evidence in accordance with the Privacy Notice.

This clause does not state that all telephone calls are recorded. If DSBM introduces call recording, appropriate notice should be given where required.

39. DSBM websites, portals and connected services.

These terms are intended to apply where they are linked from DSBM customer-facing services, including dsbm.uk and connected quote, invoice/payment, membership, portal, location and app services. A connected service may display additional terms specific to that feature.

Digital services may occasionally be unavailable because of maintenance, hosting, network, mapping, payment, app-store or third-party outages. Where a digital service is unavailable, customers can contact DSBM using the contact methods shown on dsbm.uk.

40. Privacy.

DSBM handles personal information in accordance with the DSBM Privacy Notice, which covers customer, vehicle, job, insurer, location, app, quote, invoice, membership and communications information.

41. Complaints and disputes.

If something goes wrong, please contact DSBM first so the issue can be investigated. Include the job reference, registration, date, description of the issue and relevant photographs/documents where available.

These terms do not prevent a consumer from using statutory remedies, seeking independent advice or bringing a claim using a court or other dispute route available by law.

42. Events outside reasonable control.

DSBM is not responsible for a delay or failure caused by an event outside its reasonable control where the law permits, including severe weather, road closure, police restriction, ferry cancellation, major network outage, fire, flood, civil emergency or critical third-party infrastructure failure.

DSBM will take reasonable steps to reduce disruption and does not rely on this clause to remove responsibilities which remain legally enforceable.

43. Changes to these terms.

The terms applying to a one-off job are normally the version made available when the booking is made. DSBM may update these website terms for future bookings and services.

DSBM will not use a later website change to retrospectively impose a materially different term on an existing consumer contract where agreement is legally required.

44. If part of these terms cannot be enforced.

If a court or competent authority decides part of these terms is invalid or unenforceable, the remaining terms continue to apply so far as legally possible.

45. No waiver.

If DSBM does not enforce a right immediately, that does not automatically mean the right has been permanently waived. Accepting part-payment does not by itself settle the entire balance unless DSBM expressly agrees it does.

46. Governing law.

These terms are governed by Scots law where legally permitted. Nothing in this clause removes any mandatory consumer right concerning applicable law or the court in which a consumer may bring proceedings.

47. Contact DSBM.

DSBM Auto Center Ltd
Company No. SC881368
2 Fordafourie Cottages, Fraserburgh, AB43 7UD
Recovery: 01224 044741
Mobile / WhatsApp: 07475 722702
Email: [email protected]

These general terms are intended to work alongside clear quotes, booking confirmations and any service-specific terms shown to the customer before the relevant contract is made.