P&K Thornton Restorations
Terms & Conditions.

1. Definitions

a) In these terms and conditions,

i) “The Workshop” or “Company” means PK Thornton Restorations Limited

ii) “The Client” or “Customer” means the person(s) or Company who enters into a Contract for the purchase of goods and/or services from the Workshop.

iii) ‘Goods” means the products & services sold by the Workshop under the terms of the Contract, where the Contract is an agreement for the sale of goods and/or services between the Client and the Workshop.

iv) “WSS” shall mean the Workshop Specification Sheet issued by the Worksop and which contains details of the agreed goods and services to be provided by the Company.

v) “Conditions” means the terms and conditions of sale set out in this document and any other special terms and conditions agreed in writing by the company.

vi) “Agreed Works” or “Works” mean the products and services listed on the WSS as being agreed to be required to be completed by the Workshop and the Client.

2. Contract

a) The sale of goods and/or services by the Workshop and purchased by the Client under specific conditions which constitute the entire agreement between parties.

b) The Client hereby acknowledges their awareness of these conditions.

c) No Contract shall be established until the following criteria is met:

i) The Workshop shall issue a WSS detailing the agreed goods and services to be provided, an estimated cost of providing the goods and services (see Clause 3e) and an estimated delivery date (see Clause 5a).

ii) The WSS will be allocated a unique number (Job Number) by which the required works will be referred to within the Workshop and which will be referenced on all documentation issued by the Workshop in relation to the agreed works.

iii) The WSS shall not be deemed to be accepted and the Contract shall only exist when the WSS has been signed and dated by the Client and the Workshop or by their authorised representatives.

iv) In signing the WSS, the Client is agreeing to the works being carried out and to the Workshops terms and conditions of sale which are attached to the WSS.

v) In the event that additional works are agreed to be carried out that fall outside the contents of the WSS, the original WSS must be amended to reflect those changes and both the Client and the Workshop must sign and date those amendments. Alternatively, a new WSS may be issued to cover the additional agreed works required.

vi) The date quoted for completion of the agreed works is approximate only and the Workshop shall not be liable for any delay in delivery, however caused (Clause 5a). The Company will use its best endeavour to meet the estimated delivery date and to inform the Client of any deviation from the estimated date if it should arise.

vii) The price estimated for the agreed works is approximate only unless specifically agreed in writing. The Company will use its best endeavour to complete the agreed works for the estimated cost and to inform the Client of any deviation from the estimated cost should it arise. (See also Clause 3e).

viii) No amendments of this Contract shall be binding to the Workshop unless confirmed in writing.

d) The Company reserves the right to use images, photographs and descriptions

our Customers’ vehicles for the purpose of own promotional activities unless the customer specifically requests otherwise. Confidential information about the car and its ownership will not be discussed nor will the vehicle be removed from our premises without the agreement of the customer.

3. Prices and charges

a) The price of any goods and/or services shall be the Workshop’s estimated price, where no price has been estimated (or an estimated price is no longer valid), the price listed by the Workshop at the time of sale will be used.

b) Unless otherwise stated, all prices are exclusive of packaging, postage and insurance.

c) All prices and other charges are exclusive of Value Added Tax (VAT) and any other tax that may apply. Any tax which is applicable shall be charged at the rate in force at the date of the relevant tax point, payable by the Client.

d) Any estimate by the Workshop is only valid for the period specified in the estimate, where no period is specified an estimate is valid for 30 days from the date of estimate or until withdrawn by the Workshop.

e) The Company reserves the right, by giving notice to the Customer at any time after acceptance of an order and before delivery, to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company, including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture, any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any specification or other instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.

f) If the period of time over which the agreed works are carried out exceeds one week, the Workshop shall be entitled to issue an interim invoice to the Client for the works carried out and costs incurred up to the end of the week in question, and each week thereafter until the works are complete. (See Clause 4 below, Payment terms).

4. Payment Terms

a) The time of payment of the price shall be of the essence of the Contract. All monies due to the Workshop or one of its trading names shall be as follows:

i) Where Credit terms have been agreed, payment must be received thirty days (30 days) following the date of the invoice.

ii) In the absence of credit terms being agreed, full payment must be received by the Workshop within seven days of notification by the Workshop that the agreed works are complete and prior to the delivery of the goods to the Customer or the collection of the goods by the Customer.

b) If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy the available to the Company, the Company shall be entitled to pursue all of the following remedies:

i) Cancel the Contract or suspend any further deliveries of goods to the customer,

ii) Suspend all services being carried out in relation to the goods,

iii) Place the goods in storage and charge the Client the appropriate storage fee,

iv) Charge the Customer interest (before before and after any judgement) on the amount unpaid, at the rate of 4% per annum above the base lending rate of (INSERT BANK HERE) from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

v) After 6 months the goods shall become the property of the Workshop and if any such lien is not satisfied within a six month period, the Workshop may, at their absolute discretion advertise and sell the goods or any part thereof. Any surplus generated from the sale of the goods will be returned to the Client after deducting all costs incurred by the Workshop in accordance with the Torts (interference with Goods) Act 1977.

c) The Workshop reserves the right to invoice the Client for any charges received by the Workshop after any goods and/or services have been despatched.

5. Delivery

a) Where the Workshop agreed a delivery date, the Workshop will endeavour to deliver the goods on or before the agreed date but, time shall not be deemed to be of the essence of the Contract.

b) When a delivery date or address has not been agreed or the Customer wishes to collect the goods, the Workshop will inform the Client that their goods are ready. The Client must collect the goods within 7 days of notification of completion of the works unless agreed in writing by the Workshop. A failure to collect the goods by the Client may result in further charges in the form of storage and insurance applicable to and payable by the Client.

c) All delivery charges and costs incurred by the Workshop in connection with making delivery are chargeable to the Client.

6. Acceptance

a) Goods and/or services are deemed to have been accepted by the Client on delivery as fully complying with the contract unless a claim for damage, storage, non delivery or non-compliance with description has been made in writing and received by the Workshop no later than 7 working days from the date of delivery.

b) No goods may be returned to the Workshop in connection without prior consent from the Workshop.

7. Title

a) Ownership of any goods shall remain with the Workshop and will not pass to the Client until the Workshop has received full payment for all goods and/or services.

b) If the Client is overdue in paying for the goods and/or services supplied by the Workshop, the Workshop may recover and resell them. In doing so, the Workshop reserves the right to recharge the Client for any costs incurred while attempting to recover the goods.

8. Risk

a) Risk of damage to or loss of the goods, shall pass to the Client once any goods are despatched from the Workshop.

b) Once the risk has been transferred to the Client all goods must be insured against all risks for the price due to the Workshop.

c) If the goods destroyed by the uninsurable risk before the Client has paid for them, the Client shall hold the insurance proceeds on behalf of the Workshop.

9. Warranty

a) For goods manufactured by the Workshop (excluding any components not manufactured by the Workshop) the Workshop will make good the means of repair or replacement parts any defects which arise and are attributable to faulty materials or workmanship during a period of 3 months from the date of delivery.

b) For any goods not manufactured by the Workshop, the Workshop will pass on to the Client where possible any warranty given by the manufacturer subject to the Client adhering to the terms of any such warranty.

c) If any goods have in the Workshop’s opinion been subject to misuse, neglect or accident so as to cause damage or have been repaired by anyone other than the Workshop then the Workshop reserves the right to refuse to repair or replace the goods.

d) Any warranties contained in section 9 above shall not apply to any goods and/or service parts rendered faulty by alteration treatment processing or interference after delivery to the Client nor shall they apply unless the Workshop receives notification of such fault or defect within 10 working days of its occurrence, nor shall they apply if the Workshops goods have not been fully complied with. All representations, warranties, terms and conditions implied whether by law or otherwise relating to goods and/or services are herby excluded.

e) Any goods found to be defective should be returned to the Workshop within 21 days of notification to the Workshop or defect found.

10. Limitation of Liability

a) The Workshop shall not be liable to the Client for loss of profits, contacts, loss of use of any consequential or indirect loss suffered by the Client whether arising from negligence, breach of Contract, or statutory duty or otherwise however caused.

b) The Workshop shall not be liable for any defect arising from fair wear and tear, wilful damage, negligence or failure to follow the Workshop’s instructions, written or oral.

c) The Workshop shall not be liable for any loss or damage or any nature whatsoever suffered by the Client arising out of or resulting from the use by the Client of the goods in connection with any and all motor sports, in particular (not without limitation) motor racing, competition driving, and the testing of any and all motor vehicles or such like

d) Where, at the Client’s request, the Workshop has:

i) Supplied to the Client goods which are either adapted or manufactured to the Client’s preferences or which do not conform to the vehicles manufacturers standard or recommended design and/or specifications,

ii) Carried out adaptations, modifications, or alterations to goods already belonging to the Client or to goods supplied by the Workshop to the Client pursuant to this Contact;

iii) Supplied to the Client goods for fitting to or for use in connection with a motor vehicle which has been customised or modified in such ways as to no longer conform or comply with the particular vehicle manufacturers design or specifications;

iv) the Workshop shall not be liable in Contract or or tort or in any other way for any loss or damage of any nature whatsoever suffered by the Client arising out of supply of such goods, or making such adaptations, modifications or alterations.

v) The Workshop shall not be liable in Contract under the warranty unless it has received a notice within 10 working days following the expiry of the warranty period as referred to above in section 9.

e) The Workshop shall not be liable for any defect in the goods arising from any design or specification provided by the Client.

f) Vehicles and goods left at the Workshop or in the care or control of the Workshop are left at the owner’s risk in all respects and the Company will not be liable for any loss or damage thereof.

g) Except in respect of injury or death of any person for which no limit applies the liability of the Workshop to the Client shall not exceed the cost of the goods and/or services already paid by the Client at the date of the event giving rise to the claim.

11. Termination

a) If payment in full for all goods and/or services supplied is not made by the Client upon the due date for payment, the Workshop shall be forthwith discharged from any obligation to the Client under the Contract.

b) The Client may not cancel or curtail the agreed works without the express agreement of the Workshop and provided that the Client shall indemnity the Workshop in full against – all loss (including profit), costs, (including labour and materials used), damages, charges and expenses incurred by the Workshop as a result of cancellation.

c) The Workshop shall be entitled to cancel the Contract or, at its discretion, suspend any further deliveries to the Client under the Contract without any liability in the event that:

i) the Client makes a voluntary arrangement with its creditors, or

ii) (being a Company) becomes subject to an administration order, or

iii) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or if a trustee, receiver, administrative receiver or similar officer is appointed in all respect of all or any part of the business or assets of the Client or

iv) an encumbrancer takes possession, or a receiver is appointed, of any part of the business or assets of the Client or,

v) the Client ceases, or threatens to cease to carry on business; or

vi) the Workshop reasonably apprehends that any of the events set out above is about to occur in relation to

vii) Client and notifies Client accordingly.

12. Performance

a) Neither party shall be held responsible for any delays or failures resulting from acts reasonably beyond the control of that party. Each party undertakes to notify the other on becoming aware of an event likely to give rise to a delay or failure to perform.

b) Any information deemed relevant or potentially relevant by the Client must be made available for the Workshops benefit. Failure to do so may result in further costs and/or reduction in performance of which the Workshop cannot be held responsible.

c) The Workshop shall be entitled to sub-contract any part of its obligations under this Contract.

d) The Workshop shall be entitled to assign the benefit of the Contract to any third party.

13. Export

a) Where goods are supplied for export from the UK, the Client shall be responsible for complying with all legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties required.

b) Unless otherwise agreed, where goods are sent by the Workshop to the Client by a route involving sea transit, under the circumstances in which is is usual to insure, the Workshop will provide the Client with 7 days notice, to enable the Client to insure them during their sea transit, failure to do so will mean that the product is shipped at the Client’s risk. (As specified in Section 32(3) of the Sale of Goods Act 1979).

c) Where goods are supplied to an EU Member state, the Client must supply the Workshop with the official VAT number issued to the Client’s own country and the necessary paperwork to prove that the goods are being supplied to an EU Member state and that the goods have moved from an EU Member state.

d) The Client or representatives or agent of the Client shall be responsible for arranging any testing and/or inspection of goods prior to export. Any defect found will be repaired under warranty by the Workshop prior to export.

e) Where goods are supplied for export (outside of the EU) the prices quoted will be the Workshop’s current export price excluding Value Added Tax, postage, packing and insurance.

14. Applicable Law

a) The performance construction and validity of these conditions and the Contract shall be constructed and governed in all respects by and in accordance with English Law.

15. Severability

a) If any provision of this Contact is held to be unenforceable the other provisions shall nevertheless continue in full force and effect.

16. Waiver

a) The failure of either parties to insist upon strict performance of any provisions of this Contract shall not be construed as the waiver of any subsequent default of a similar issue.

17. Marking

a) No person shall remove, alter or tamper with any markings and/or numbers on the goods or packaging of any of the goods.