Knowles-Wilkins Engineering Ltd – Terms and Conditions
SUMMARY
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 business 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 will be 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 duration is an estimation only and is 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 October 2020) labour charge rate is £127 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 at www.kwecars.com/terms, and can be found below.
Changes in our payment terms – Credit Cards
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
These are the Terms and Conditions which apply between Knowles-Wilkins Engineering (KWE) Limited (‘KWE’) whose registered office is Unit 3, Pipers Court, Berkshire Drive, Thatcham, West Berkshire, RG19 4ER and the Client as detailed in the Works Order (‘The Client’), (Together ‘The Parties’).
1. Definitions
In these Terms and Conditions, the Capitalised text has the following meanings:-

“Car” means the vehicle detailed on the Works Order
“Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015.
“Invoice” means an invoice detailing the cost work done to the Car.
“Cost” means the price payable for the Work including parts, labour, VAT and any additional charges;
“Major Order” means a Works Order with a Cost of £10,000 or more taking 4 weeks or more to complete;
“Minor Order” means a Works Order with a Cost of less than £10,000 and taking up to 4 weeks to complete;
“Work” means the means any type of repair, service, rebuild or maintenance of the Car provided under these Terms and Conditions;
"Works Order” means the spreadsheet of agreed estimated costs.

2. Works Order
2.1 Upon request, KWE will send the Client a Works Order incorporating all the jobs agreed with the Client. This will usually happen after inspection of the Car and when KWE have recommended the necessary works. Jobs may be added or subtracted from the Works Order only with the written consent of KWE and the Client.
2.2 After works have commenced, KWE reserves the right not to carry out or to postpone any requested amendments where they might disrupt KWE's production schedule significantly, though in most cases KWE will willingly add new work where possible.
2.3 The Client will approve the Works Order in writing by email or letter; not verbally; prior to Work commencing. Once the Client provides that confirmation there will there be binding agreement between the Parties for the Work;
2.4 The Cost given in the Works Order is an estimated cost unless otherwise indicated. The final price may go up or down, sometimes substantially, for example, if KWE encounters unforeseen problems or where the cause of a fault is unknown or where rust is involved. KWE 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.
2.5 KWE does not accept working to the Client’s expressed budget because this can conflict with carrying out the job correctly. KWE will inform the Client as soon as is reasonably possible of any likely additional costs and provide an estimate for the same.
2.6 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 any extra time and parts necessary.
2.7 Before making final payment or collecting the finished Car, KWE advises the Client to check the latest Works Order to make sure it conforms to the Client’s agreed requirements.
2.8 KWE advises the Client to remove any personal items from the Car as KWE cannot guarantee and will not be liable for their safety, damage or loss.
2.9 Payment of a deposit by the Client will be taken as an acceptance of the Works Order and the Terms and Conditions herein, in the absence of written acceptance. KWE advises the Client to acknowledge the Works Order by email or letter as acceptance or otherwise of these conditions. In the absence of such acceptance KWE will assume it, unless written instructions to the contrary are received by KWE within a reasonable period.
3. Invoices and Payment
3.1 The default payment schedule for major orders is a minimum of 30% upon commencement of the Work, 50% upon demand by KWE at 4 – 6 weeks after commencement and a balance payment upon demand after KWE’s completion of the Work.
3.2 For minor orders, KWE requires a minimum 50% deposit upon commencement of the Work and a balance payment payable on completion. Other payment schedules such as monthly payments may be agreed between the Parties in writing. Where the Work is likely to take longer than 4 months to complete, KWE reserves the right to amend the payment schedule to monthly billing or to issue interim invoices at its sole discretion.
3.3 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 under a general lien until cleared payment is received by KWE of all sums due.
3.4 If payment is not received within 30 days, KWE reserves its rights to sell the Car after a period of reasonable notice to recoup any sums owed to it plus interest claimed at 4% above the Bank of England base rate until payment is received in full.
3.5 All sums are payable within 7 days of an invoice by the methods set out in the payment terms below.
3.6 Where the Client is a Company and it fails to make payment to KWE of any amount due, KWE reserves the right to charge the Client interest and administration costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
3.7 Where the Car is left at KWE’s premises without an agreed Works Order or with outstanding payments after 28 days following invoice date. KWE reserves the right to charge storage at £30 + vat per week until collection or payment has been received. The rights set out at Clauses 3.4-3.5 also apply in relation to these storage charges.
3.8 Payment of sums owed in full must be made before KWE will release the Car for collection or delivery.
3.9 Payments should be made by internet bank transfer, debit card or cash. Personal cheques may be accepted at KWE’s discretion. KWE do not accept credit cards.
3.10 KWE reserves the right to demand additional stage payments where the project takes longer than anticipated for any reason.
4. Sub-Contractors
4.1 KWE may sub-contract any of the Work under these Terms and Conditions provided that any sub-contractor used is reasonably skilled in the relevant areas.
5 Paintwork and specification:
5.1 Bearing in mind that the youngest XJS will be 24 years old in 2020 and the oldest 45 years, 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 KWE 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 KWE would advise the Client of this.
5.2 KWE cannot, obviously, detect invisible rust, and yet it normally exists on the underside of many body areas. Consequently, while KWE will use its best endeavours to prepare carefully all surfaces to be painted, and to protect from the other side with rust preventers, KWE cannot guarantee that existing rust will not finally penetrate through to the paint side and cause bubbling.
5.3 This is normal in car restorations and the area can then be subsequently locally repaired – but only at the Client’s cost as KWE cannot be held responsible for the pre-existing condition of the body metal.
5.4 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.
5.5 The Client is advised to have a full bare metal repaint in order to minimise the likelihood of paint issues in the future.
5.6 Whilst KWE will endeavour to achieve the Client’s requested specification, for example, in respect of additional horsepower, KWE provides no guarantee that the specification of the Car will achieve standards and tolerances above those set and approved by the manufacturer.
5.7 Nothing in this clause shall affect such rights and remedies as are available to the Client if the Client is a Consumer.
6. Warranty
6.1 KWE warrants its workmanship (only) for a minimum period of 6 months beginning on the day of the delivery or collection of the Car.
6.2 KWE does not warrant parts fitted and will charge for replacement of failed parts. If KWE has sourced a part then KWE will make every effort to resolve any issues with KWE’s appointed sub-contractor if the Client allows KWE the opportunity to do so prior to taking the Car for remedial work elsewhere.
6.3 KWE’s warranty is invalidated if the Car has been worked on by others since KWE’s completion of works, or if the Car has been used for unusual purposes such as rallying, racing, trackdays, exhibitions, towing, events, or has been subjected to abnormal conditions such as flooding.
6.4 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 ab initio. KWE strongly advises Clients 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.
6.5 This warranty is voided ab initio 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.
6.6 KWE’s 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.
6.7 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.
6.8 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.
6.9 KWE’s paint warranty covers paint defects only such as sags, runs, sinking, crazing but specifically excludes rust bubbling unless it occurs on an area where new metal has been welded in by KWE. This warranty lasts for 12 months from date of painting.
6.10 Clients are advised to check their paintwork carefully before and after KWE treatment, as KWE will not repair subsequent paint damage, such as car park dings and scratches after delivery, under warranty.
6.11 Road testing the Car may result in stonechips, and although KWE take every care to avoid this, rectification of these is not covered within KWE’s warranty.
6.12 The rights and remedies under this clause shall be in addition to all such rights and remedies as are available to the Client if the Client is a Consumer.
7. Cancellation
7.1 Where the Client is a Consumer, the Client has the right to cancel the Works Order within 14 days without giving any reason.
7.2 The cancellation period will expire at the end of 14 days after the day on which the Client accepts the Works Order.
7.3 To exercise the right to cancel, the Client must inform KWE using the contact details set out on the above letterhead of the Client’s decision to cancel the Works Order by a clear written statement (e.g. by email or letter). The Client may use the attached Model Cancellation Form, but it is not obligatory.
7.4 To meet the cancellation deadline, it is sufficient for the Client to send communication concerning the exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
7.5 If the Client cancels the Works Order, KWE will reimburse the Client all payments received from the Client but KWE may make a deduction from the reimbursement for any Works carried out prior to receipt of the cancellation; this deduction may include costs in respect of parts ordered and the costs of any assessment carried out. KWE typically assess a car initially at a cost charge £500. KWE reserve the right to deduct these sums from any deposit paid. KWE cannot guarantee that any parts ordered can be reused into other projects, nor returned to the suppliers and as a result KWE reserves the right to deduct and/or charge the Client for and/or retain title to any parts ordered following acceptance of the Works Order.
7.6 KWE will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day KWE receives the cancellation
(b) (if earlier) 14 days after the day the Client provides evidence that the Client has cancelled the Works Order, or
(c) 14 days after the day on which KWE are informed about the Client’s decision to cancel the Contract;
7.7 KWE will make the reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client expressly agrees otherwise; in any event, the Client will not incur any fees as a result of the reimbursement.
MODEL CANCELLATION NOTICE
TO: Knowles-Wilkins Engineering (KWE) Limited (‘KWE’), Unit 3, Pipers Court, Berkshire Drive, Thatcham, West Berkshire, RG19 4ER
I/We hereby give notice that I/we wish to cancel the Contract
Car ……………………………………………
Works Order……………………………………………
Name of consumer(s).............................................................
Address of consumer(s) .............................................................
Signature of consumer(s): .............................................................
Date: .............................................................
8. Delivery
8.1 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.
8.2 KWE will not be held liable for any consequential loss financial or otherwise resulting from completing the job after the estimated date.
8.3 Time is not to be taken as of the essence.
9. Insurance
9.1 Cars are insured while on KWE’s 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’s works. Clients 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/
10. VAT
10.1 The UK VAT rules have changed with the UK leaving the EU in March 2019. KWE reserves its rights to charge VAT at the prevailing rate at the time of the Invoice to UK and non-UK nationals where applicable.
11. Data Usage
11.1 All personal information that KWE use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
12. Complaints
12.1 If you ever have any cause to complain, please raise the matter with us directly in writing via email or post.
13. Waiver
13.1 Any waiver by either party of a breach of any provision of these terms and conditions shall not be considered as a waiver of any subsequent breach of the same or any other provision.
14. Severance
14.1 If any provision of these Terms and Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other provisions of
these Terms and Conditions and the remainder of the provision in question shall not
be affected.

15. Law and Jurisdiction
15.1 These Terms and Conditions shall be governed by English law and any dispute in connection with them (including non-contractual disputes) shall be determined by the courts of England and Wales to whose jurisdiction both parties hereby irrevocably submit.


I accept the above Terms and Conditions.
_____________________________ (Sign & Date)


_____________________________ (Name)


Car: ________________________________________________________