The KWE terms and conditions seek to match the client’s expectations with the realities of classic car restoration. Time and cost can be highly variable and KWE seeks to protect its own working practices while also protecting the client’s interests. We strongly urge new clients to discuss the time and financial obligations before
incurring costs. Financially KWE needs to be at least cash-neutral throughout the process, however long it takes.
Where KWE are commissioned to purchase the donor vehicle we require sufficient funds deposited beforehand. This sum is not currently* subject to VAT. Following acquisition of the vehicle and assessing it we agree the scope and cost of works with the client. Where the client brings his own vehicle funds are only required when the schedule of works (“Works Order”) is agreed and works commence.
The job is scheduled into our production plan, and the target start date advised to the client. The job is then started and when completed the customer is invited to inspect the vehicle prior to delivery.
The job times given are dependent on the scope and difficulty of the project, and our current workload, and should not be regarded in any contractual sense. Body work is particularly time-variable in nature.
Our current (at November 2018) labour charge rate is £92 plus vat where applicable. Where jobs take longer than the estimate, the extra labour will be charged at this rate. This rate is subject to occasional alteration – please be sure to check with KWE which rate is being applied to the job.
A full statement of Terms and Conditions is available upon request and can be found below.
Changes in our payment terms
As of 13th January 2018 a UK law has come into force requiring companies who accept credit card payments to absorb the charge that the credit card companies levy on such transactions. This levy is typically between 2.5% and 3% (more for American Express). With high value transactions such as ours, this levy is very significant and can be many hundreds of pounds which previously was passed on to the customer.
KWE now regrets that as of 23rd January 2018 we will not accept credit cards as a means of payment. We are happy to accept debit cards, cheques and internet bank transfers.
DETAILED TERMS AND CONDITIONS
- KWE will send the client a Works Order spreadsheet incorporating all the jobs agreed with the Client. Jobs may be added or subtracted only with the written consent of KWE. After the job has commenced KWE reserves the right not to carry out or to postpone requested amendments where they might disrupt our production schedule significantly, though in most cases we will willingly add new work.
- We ask that the client approve the Works Order by email or letter, not verbally.
- The default payment schedule for major orders is a minimum 30% upon commencement of the job, 50% upon demand by KWE at 4 – 6 weeks after commencement and the balance upon KWE’s completion of the job. For minor orders we ask for a minimum 50% deposit, balance on completion. Other schedules such as monthly payments may be negotiated. Where the job is bound to take longer than 4 months we reserve the right to amend the payment schedule to monthly billing.
- Where payments are not forthcoming from the client upon demand, and where KWE’s costs exceed client payments to date, KWE reserves the right to cease work on the job and to retain the car as security.
- The prices given in the works order are literally estimates unless otherwise indicated. The final price may go up or down, sometimes substantially, if we encounter abnormal problems or where the cause of a fault is unknown or where rust is involved. We will endeavour to keep the client advised under these circumstances but cannot guarantee it, especially where blanket permission has been given or implied to effect repairs such as rust repairs.
- KWE does not accept working to a client’s expressed budget because this can conflict with carrying out the job correctly.
- KWE will at its discretion repair items and areas adjacent to or relevant to the tasks ordered by the client as a matter of common sense, and charge for the extra time and parts.
- Before making final payment or collecting the finished car, please check the latest Works Order to make sure it conforms to your requirements or our agreement.
- Please remove any personal items from the car as we cannot guarantee their safety from dirt or loss.
- Payment of a deposit by the client will be taken as acceptance of the Works Order and the terms and conditions herein, in the absence of written acceptance. Please acknowledge the Works Order by email or letter as acceptance or otherwise of these conditions. In the absence of such acceptance we will assume it, unless written instructions to the contrary are received by KWE within a reasonable period.
- The client may request cessation or delay of work at any time but payment of the costs incurred and pro-rata profit by KWE up to that point must be made. KWE reserves the right to complete works so that the car is safe and movable before any such cessation or delay and will charge for that.
- KWE warrants its workmanship only for a minimum period of 6 months after initial delivery or collection of the car. KWE does not warrant parts fitted and will charge for replacement of failed parts.
- KWE’s warranty is invalidated if the car has been worked on by others since KWE’s completion of works, or used for unusual purposes such as rallying, racing, trackdays, exhibitions, towing, events, or has been subjected to abnormal conditions such as flooding.
- Coolant and oil levels must be checked and topped up at least weekly, and the car stopped immediately should the water temperature gauge indicate overheating. This is especially important where hoses have been replaced in our E1, E2 or E3 engine overhaul/rebuilds. Where the engine has been allowed to overheat or run low of oil for whatever reason then this warranty is voided. We strongly advise customers to check under the car periodically to see if any fluids (other than air-conditioning condensate) have dripped onto the road or garage floor. Please contact KWE immediately if significant amounts of fluids are so observed.
- This warranty is voided if fluids other than those recommended by KWE or stated in the relevant owner’s Jaguar manual are used in engine, cooling system, gearbox, power steering, convertible hood pump, aircon, screenwash and differential.
- KWE warranty does not extend to faults arising from the workmanship of others, or parts fitted by others or faults actually or likely to have pre-existed KWE’s work.
- The value of any warranty-related work is limited to the original value of the order line, and specifically excludes other costs of whatever sort incurred as a result of poor workmanship such as emergency repairs or towing fees.
- A car being returned under warranty must be delivered to KWE’s workshops at the Client’s expense. KWE may, at its discretion, collect such a car by its own means.
KWE will never promise a delivery date and such a date should not be deduced or inferred from any conversations or non-written communications. Delivery date expectations are specifically non-contractual. Where faults emerge during the testing phase of our works, KWE will take whatever time is needed to rectify them. Our major priority is delivering a high quality car, and time constraints can only thwart this approach.
KWE will not be held liable for any consequential loss financial or otherwise resulting from completing the job after the estimated date.
The following bodywork considerations form part of these Terms and Conditions:
If your car has had any or all panels repaired and/or painted, please note the following:
- Bearing in mind that the youngest XJS will be 21 years old in 2017 and the oldest 42, there will be many parts of the body which have some degree of rust – in common with all classic cars.
- When asked to repair rusty areas we will normally cut out the visible rust and weld in new metal. Exceptions would be where it is extremely difficult to do so or where the cost would be prohibitive, or where the part in question is neither visible nor critical. In this case we would advise the customer.
- We cannot, obviously, detect invisible rust, and yet it normally exists on the underside of many body areas. Consequently, while we do our best to prepare carefully all surfaces to be painted, and to protect from the other side with rust preventers, we cannot guarantee that existing rust will not finally penetrate through to the paint side and cause bubbling. This is normal in car restorations and the area can then be subsequently locally repaired – but only at the customer’s cost as we can’t be responsible for the pre-existing condition of the body metal. The diagram below illustrates the issue. Most panels will have only moderate quality paint on the underside or inside from the factory, and sometimes only primer. The top coat or visible paint is usually very high quality but it cannot resist the eventual penetration of rust from the underside.
- Our paint warranty covers paint defects only such as sags, runs, sinking, crazing etc, but specifically excludes rust bubbling unless on an area where new metal has been welded in by KWE. This warranty lasts for 12 months from date of painting.
- Customers are advised to check their paintwork carefully before and after KWE treatment, as we would not repair subsequent paint damage, such as car park dings and scratches after delivery, under warranty.
- Road testing the vehicle may result in stonechips, though we take every care to avoid this, and rectification of these is not covered within KWE’s warranty.
- Payment in full must be made before KWE will release the car for collection or delivery.
- Payments should be made by internet bank transfer, debit card or cash. Personal cheques may be accepted at KWE’s discretion. We do not accept credit cards.
- KWE reserves the right to demand additional stage payments where the project takes longer than anticipated for any reason.
Customer cars are insured while on our premises or with KWE personnel driving or accompanying the driver. Please note that cars are insured at the market value determined by the insurers (Aviva) and this may be substantially less than the perceived value or the cost of KWE works. Customers are advised to seek their own Agreed Value insurance cover while the car is in the hands of KWE. For more details please see http://www.kwecars.com/insurance/
- The UK VAT rules may well change with the finalisation of the UK leaving the EU in March 2019
Date of Terms and Conditions: 19th November 2018