PJS Classic & Race Cars Limited – CAR RESTORATION, REBUILD & REPAIR TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms which apply between:
-
PJS Classic & Race Cars Limited, a Company registered in England and Wales under number 03317254 whose registered office is at Unit 4, Lancaster Court, Needwood, Burton upon Trent. DE13 9PD.
-
PJS Sports Cars is the trading name of PJS Classic & Race Cars Limited
-
the Customer as detailed (You)
-
Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, profession or any other person/organisation;
“Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who receives any of the Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“PJS Sports Cars/Us/We/Our” means PJS Classic & Race Cars Limited and reference to us shall include reference to any and all of our staff including mechanics;
“Invoice” means an invoice detailing the Price of the Work to the date of that invoice;
“Price” means the fee payable for the Work including parts, labour, VAT and any additional charges;
“Estimate” means the initial estimated guide price and initial expected Works to be carried out to a Vehicle;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services” means any type of repair, service, rebuild or maintenance of a Vehicle;
The following terms form the basis of PJS Sports Cars trading agreement with clients. Commissioning PJS Sports Cars is on the understanding and agreement of our terms and conditions on a contractual basis.
1. Rates & Charges:
1.1 If an estimate of work is unable to be supplied by PJS Sports Cars, the customer(s) will be charged at PJS Sports Cars hourly rate of £70.00 per hour, per employee, plus all parts/materials/specialist services/consumables required, plus VAT at current rate.
1.2 Any changes, alterations or additional work required other than specified in the estimate supplied to the customer(s) by PJS Sports Cars, will be charged at PJS Sports Cars hourly rate of £70.00 per hour, per employee, plus all parts/materials/ specialist services/consumables required, plus VAT at current rate. All additional work will be itemised in the invoice.
1.3 Any job classed as ‘fault finding’ or ‘problem solving’ will be charged at PJS Sports Cars hourly rate of £70.00 per hour, per employee, plus all parts/materials/specialist services/consumables required, plus VAT at current rate. All additional work will be itemised in the invoice.
1.4 If the customer requests changes to the original request/specification following completion of the work, these changes will be charged at PJS Sports Cars hourly rate of £70.00 per hour, per employee, plus all parts/materials/specialist services/consumables required, plus VAT at current rate.
1.5 All collection/delivery charges will be calculated on an hourly rate of £60.00 per hour, per employee, plus VAT at current rate plus all fuel & travel expenses. This will be itemised in the invoice.
1.6 Any/all fuel purchases required for running/road testing will be totaled and added to the invoice. Fuel costs are not included in any estimate of work supplied by PJS Sports Cars.
1.7 All postage/courier/collection & delivery charges will be itemised and added to the invoice. Postage/courier/collection & delivery costs are not included in any estimate of work supplied by PJS Sports Cars.
1.8 Due to the high demand of work and limited workshop space, PJS Sports Cars insists customers collect their car within 7 calendar days of receipt of the final invoice. Any later than 7 days will result in the vehicle being moved to our storage facility and charges being applied at £45.00 per week plus VAT at the current rate until collected (minimum 1 week). The vehicle will be free to leave the premises once storage charges have been paid in full.
1.9 PJS Sports Cars terms of payment are strictly within 7 calendar days of invoicing date. After 7 calendar days, vehicle(s) will be removed from workshop into PJS Sports Cars storage facility. Storage charges will be applied at £45.00 per week plus VAT at the current UK rate (minimum 1 week) until invoice is settled in full. If the invoice is for a stage payment, work on the vehicle(s) will halt and storage charges will still be applied at PJS Sports Cars storage rate of £45.00 per week plus VAT at the current UK rate (minimum 1 week). All storage charges will be itemised and added in the invoice completion. Vehicles will be free to leave the premises once storage charges have been paid in full.
1.10 From the due date of payment any outstanding sum will incur interest on a daily basis at 4% above the base rate of the Bank of England from time to time until you make payment in full.
1.11 If invoices have not been settled within 6 months and no attempt has been made to settle the account then PJS Sports Cars reserve the right to sell your vehicle or any items similar in value at your expense to the outstanding invoice and/or the storage charge.
1.12 If, after a six month period of time has elapsed without the owner making contact PJS Sports Cars and reasonable attempts made to contact the owner, then PJS Sports Cars shall take steps to remove the vehicle and recover losses without further reference.
1.13 Additional labour charges may be applied to any supplied labour figures should any issues arise when fitting/installing parts supplied by customers. PJS Sports Cars will not be held accountable or offer any form of warranty that may arise after fitting parts or materials supplied by customers.
1.14 PJS Sports Cars liability is limited to the final value fee of the contract.
2. Restoration:
2.1 Supplied estimates by PJS Sports Cars are valid for 30 days from date on estimate.
2.2 Estimates supplied by PJS Sports Cars are based solely on the able inspection of the vehicle and supplied accurate and available information on the date of viewing. It is the customers responsibility to supply accurate and honest information if a viewing is not possible to allow PJS Sports Cars to provide an accurate estimate. The supplied estimate may change once work has commenced and the overall condition of the vehicle and components have been inspected in further detail. For example, it is not possible to assess the condition of a component such as the engine, gearbox or differential etc. until the component has been stripped, cleaned, inspected and measured.
2.3 PJS Sports Cars does not accept any responsibility for the condition of the customer’s vehicle in which it is received.
2.4 When possible PJS Sports Cars welcomes and encourages the customer(s) to view the work in progress on their car, allowing any alterations or changes to be made as the customer(s) requires whilst the work is in progress. (Making changes at customer’s requests may incur additional charges and alter and estimate of work supplied).
2.5 Classic car restoration is a timely process and under no circumstances will PJS Sports Cars be rushed where by the quality or standard of work may be affected.
2.6 PJS Sports Cars accepts no responsibility for any extra labour, parts, materials, specialist services or consumables required, resulting in any delay of estimated completion date.
2.7 PJS Sports Cars uses modern products and sealants to assist in postponing future corrosion issues. Under no circumstance does PJS Sports Cars offer any warranty/guarantee or accept responsibility for future corrosion.
2.8 All PJS Sports Cars full restorations carry a full 6 month warranty (beginning from the date of final invoice). Should any issues arise within the 6 month warranty period, PJS Sports Cars warranty will cover any defective parts/components. PJS Sports Cars warranty excludes defects which are caused by extreme environmental or poor storage conditions to which the vehicle may be exposed. PJS Sports Cars warranty excludes defects which are caused by customer mis-use of the vehicle such as over revving of the engine, using a standard road vehicle for track use or competition purposes etc. Race car restorations are not covered by any warranty due to the extreme nature of their use.
2.9 Any tampering (modifications, enhancements, removal, separation) of any of the restoration works carried out by PJS Sports Cars by either the owner or specialist other than PJS Sports Cars invalidates all guarantee/warranty of the work carried out by PJS Sports Cars.
2.10 Under no circumstance does PJS Sports Cars accept any responsibility for damage or misadventure once the customer’s vehicle has left our premises. Any damage or misadventure invalidates any warranty/guarantee by PJS Sports Cars.
2.11 PJS Sports Cars does not accept any responsibility for the way a customer(s) stores or maintains his/her car that may affect the quality and life of the restoration works completed. This includes defects caused by routine maintenance, adjustment, replenishment of consumables or liquids or scheduled servicing.
2.12 It is the policy of PJS Sports Cars that if any warranty work is to be completed, it is the customer’s responsibility to return/deliver the vehicle back to PJS Sports Cars premises within the warranty period to be adjusted/repaired. Once completed, it is the responsibility of the customer to collect the vehicle from PJS Sports Cars premises.
3. Parts, Materials, Specialist Services:
3.1 Due to the nature of vehicle restoration, the fix quoting of parts, materials and specialist services is not possible. The condition, life, age and quality of each vehicle varies greatly therefore the parts required to restore and maintain each vehicle is individual. Due to these circumstances, PJS Sports Cars is only able to estimate parts, materials and specialist service costs.
3.2 Should an estimate be supplied, the estimated price of parts is calculated based on our experience, similarly previous jobs and final invoices. PJS Sports Cars will not be held accountable for sudden price increases of parts, materials or specialist services which may increase the estimated price of parts to complete the job correctly, safely and to a high standard.
3.3 All parts prices estimated by PJS Sports Cars excludes VAT and are only to be used as a guide based on our experience, similarly previous jobs and final invoices.
3.4 All Parts, Materials & Specialist Services purchased through PJS Sports Cars are subject to a minimum of 10% handling fee. Handling fee covers ordering, stocking, Insurance & administration costs. Handling fee is non-negotiable.
3.5 PJS Sports Cars is not a parts manufacture/supplier and purchases all of its parts as required from a variety of parts suppliers. Where possible PJS Sports Cars will use as many of the customers original parts to retain as many original features of the car. PJS Sports Cars accepts no responsibility for original parts missing or that are damaged, unusable or unable to be restored upon arrival. PJS Sports Cars will replace all parts as deemed necessary from the customers vehicle to complete the job correctly, safely and to a high standard.
3.6 PJS Sports Cars accepts no responsibility for any extra parts, materials or specialist services that may be required additional to the estimate supplied to complete the job correctly, safely and to a high standard.
3.7 PJS Sports Cars accepts no responsibility for any delay in receiving parts, materials or specialist services required to complete the job resulting in any delay of the estimated completion date.
3.8 PJS Sports Cars insists on using the best quality parts available and we draw on our experience for obtaining and using the best quality parts for our jobs. PJS Sports Cars accepts no responsibility for ill-fitting parts/components where an alternative is unavailable.
3.9 Any parts purchased by PJS Sports Cars on behalf of the customer and found to be faulty must be returned to PJS Sports Cars with 30 days of the final invoice date to receive an exchange/refund.
3.10 PJS Sports Cars does not guarantee the quality of original or equivalent second hand components and will not accept the responsibility of any failure of original second hand components.
3.11 Any original/second hand parts purchased on behalf of / for the customer by PJS Sports Cars will have been purchased knowing that on the purchase date the part is not damaged and in usable condition.
3.12 All parts, materials, specialist services and consumables purchased on behalf of the customer will be itemised in the invoice and must be paid in full before the items/vehicle leaves PJS Sports Cars premises.
3.13 Customers suppling their own parts or materials either assembled or requiring assembly are advised that no guarantee or warranty is offered.
4. Engine, Gearbox & Competition:
4.1 PJS Sports Cars do not offer any warranty for work carried out on cars competing in MSA, FIA, HERO, FIVA, test meetings, test days, track days, Race/Rally or any equivalent competition events.
4.2 All engine, gearbox and transmission work complete by PJS Sports Cars comes with a 6 month or 6,000mile warranty. (With the exemption of race, rally, track day or any endorsed motorsport events). Any tampering, modifications, enhancements, removal, separation of the engine, gearbox or transmission by either the owner or specialist other than ourselves invalidates the warranty of the work carried out by PJS Sports Cars.
4.3 PJS Sports Cars does not offer any warranty/guarantee on original castings or machined components (Engine blocks, cylinder-heads, crankshafts, camshafts, gearboxes, overdrives, rear axles, differentials).
5. Car Sales:
5.1 PJS Sports Cars sales fee for selling a vehicle on behalf of the customer is 7.5% of the agreed sale figure + VAT (at current rate).
5.2 It is the client's responsibility to ensure the vehicle if purchased is of the correct documentation and ownership. Buying a vehicle is ultimately the decision of the purchaser and not of PJS Sports Cars. The integrity of the vendor and the vehicle is for the client to re-assure themselves of and PJS Sports Cars cannot provide assurances or a guarantee.
5.3 A deposit of 10% of the agreed sale figure must be received before the vehicle will be classed as sold.
5.4 All deposits of sales are non-refundable.
5.5 The outstanding balance of sale must be received within 14 days after the received date of deposit. After 14 days the non-refundable deposit becomes void and the vehicle re-advertised.
5.6 It is strict company policy that the outstanding balance of sale must be received and cleared in PJS Sports Cars account before the vehicle leaves PJS Sports Cars premises either being collected by the customer or delivered to.
5.7 All vehicles for sale by PJS Sports Cars are private sales, sold on behalf of customers. All vehicles are sold as seen. No warranty or guarantee is supplied with any vehicle sold.
5.8 Although every effort would have been made to ensure the accuracy of the particulars, no responsibility is taken for error, omission or miss-statement or imperfections not stated for cars for sale by PJS Sports Cars. Buyers should satisfy themselves pre-purchase of the condition and provenance of any car for sale by PJS Sports Cars and on their own judgment satisfy themselves as to whether the car accords to its description or not.
6. Payment:
6.1 A deposit fee of no more than 25% of the estimated job value may be required prior to work commencing on a customer’s vehicle.
6.2 PJS Sports Cars reserves the right to retain any vehicle until the outstanding balance has been paid in full.
6.3 It is strict company policy that no vehicle leaves PJS Sports Cars premises either being collected by the customer, or delivered to, until payment is cleared in full and registered in PJS Sports Cars account.
6.4 PJS Sports Cars terms of payment are strictly 7 working days of invoicing date. Late payments are to incur a surcharge and/or loss of any discount offered. Any later than 7 days will result in storage charges being applied at £45.00 per week plus VAT at the current rate until collected (minimum 1 week). The vehicle will be free to leave the premises once storage charges have been paid in full.
6.5 PJS Sports Cars accepts payments by bank transfer or credit/debit card. Our preferred method of payment is bank transfer. All Payments must be cleared on every occasion before the vehicle can be collected or delivered.
6.6 All payments to PJS Sports Cars are to be in Pounds Stirling (GBP £). Foreign or overseas currency payments may be made with PJS Sports Cars agreement in advance, but will incur an additional charge to the client to cover administration costs and exchange/bank charges, etc.
7. Company:
7.1 PJS Sports Cars photos, written documentation and trading logos remain the copyright of PJS Sports Cars and their author. Replication and copying either in part or in full, whether by audio, written, drawn and/or electronically reproduced or displayed may infringe current copyright laws. Permission to use or reproduce PJS Sports Cars work and/or logos must be obtained in writing.
7.2 PJS Sports Cars reserves the right to use any/all photographs or videos media of customers cars whilst in PJS Sports Cars possession for either marketing or social media purposes unless specified in writing before the vehicles arrival.
8. Authority To Drive Vehicle:
8.1 The Company reserves the right to undertake reasonable mileage to road test any vehicle in its possession which it deems necessary for the purpose of diagnosis, repair and testing. Fuel used during the testing of vehicles will be invoiced to the customer.
9. Force Majeure:
9.1 Any failure by PJS Sports Cars to perform any of its obligations under the agreement by reason of the performance of any clause being beyond the control of PJS Sports Cars shall be deemed not to be a breach of this agreement.
10. Changes to Terms and Conditions:
10.1 We may from time to time change these Terms and Conditions without giving you notice, but we will inform you as soon as is reasonably possible of any such change.
10.2 We now only publish these Terms and Conditions on this website to ensure they are kept up to date and relevant, a link to this website will be found on all written and email correspondence. It is expected that customers will refer to the PJS Sports Cars website to view these terms.
11. No Waiver:
11.1 No failure or delay by us or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.
12. Severance:
12.1 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.
13. Law and Jurisdiction:
13.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
13.2 Where you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
13.3 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.