Central Engineering Design Ltd. units 5 -6 North Close Business Centre Shorncliffe Folkestone Kent Ct20 3UH (hereinafter called “the company”) of one part and the customer whose name and address may be supplied with the work to the company (hereinafter called “the customer”) of the other part. Restoration hereby refers to multiple processes used by the company such as chemical stripping, welding, polishing, panel beating, metal polishing and electroplating. Work hereby refers to articles either in single component form or dismantled into many separate pieces by the customer or the company in view to restoring them to there original condition as far as reasonably practicable.
1.The customer agrees to pay the company to carry out the work specified by email, letter, job sheet or telephone.
2.The company may reserve the right to request the customer to pay a deposit prior to work commencing as detailed.
3.No variation of the terms of the agreement shall be binding upon the company unless in writing by a director of the company.
4.The cost to the customer is set out by email, letter, job sheet or telephone (known as the agreement). The company have the right to increase the cost on account of any of the following events :
A) The work to be carried out as specified in the agreement being amended in accordance with the instructions of the customer, or
B) On inspection of the goods, or after the commencement of the work it becomes apparent that the work required is more extensive than the work set out in the agreement, or
C) Any variation in the cost of the necessary raw materials after the order date, or
D) Any variation in the applicable rate of value-added tax after the order date.
5. In relation to clauses 4B and 4C above the company will inform the customer of such price increases if they are apparent before the work is commenced and the customer may cancel the agreement, although the company reserves the right to commence and/ or continue work without notice to the customer if such a price increase does not exceed 35.
6. Any agreement to accept a reduction of an invoice due must be agreed by the company in writing. No verbal agreements made or suggested by any employee or representative will be binding unless made in writing by a director of the company.
7.The customer acknowledges that the quality of the completed work is dependent upon the condition, thickness and type of base metal after removing all existing layers of grease, paint, rust and previous plated deposits. The complexity of the component may cause areas of yellow staining commonly known as “Nickel Blows” after plating. In the case of Mazak or die-cast materials, micro blisters and un-plated areas of low current density may occur. With porous cast materials such cast suspension parts rust spots may bleed through. The finish on used exhaust pipes can’t be guaranteed due to carbon contaminates which may be released during the plating process.
8.The company reserves the right to decide on the standard of finish that is attainable with each component, taking into account 7 above the company will achieve the best possible finish obtainable while maintaining the serviceability of the component to function as originally designed. This may result in some common materials such as Mazak left with surface pitting after restoration.
9. On components where a contact mark is inevitable during electroplating the components will be wired, if possible, on an insignificant area where this is not practical the company reserves the right to attach eyelets/wires or drill small holes on concealed areas where possible. On completion, eyelets/wires will be removed and checked for clearly visible defects. No claim can be made for any loss, damage or poor quality finish as a result of this process.
10.The company makes no claims or warranties as to the results or quality of the components achieved with finishes applied as a result of the age and condition of the base metal as in 7 above.
11.The company cannot be held responsible for any loss, damage or poor results caused or achieved in the process of carrying out finishing other than loss of components or damage by negligence to the components.
12. Dissatisfactory results, damage or shortages must be drawn to the attention of the company on delivery. Any disputes arising from such issues must be made to the company and in writing or email at its trading address within 7 days of the invoice date.
13. Customers dissatisfied with components must return the aforesaid components to the company within 14 days of the invoice date for inspection, evaluation and report.
14. No responsibility for damage or quality of finish will be granted unless the company has made a declaration of receipt of such notice in writing.
15. The company will at its own discretion offer to re-apply finishes if it believes the achieved results is substandard or below the standard that the company deems acceptable based on 7 above.
16. If the company at its discretion attempts to re-apply finishes to improve poor results. It will be done so purely at the customers own risk of making the finish worse or rendering the component unfit for purpose.
17. Where disputes cannot be resolved the company at its discretion may remove and re-claim all its electroplated deposits and return the component to the customer in base metal with a refund excluding any repair work.
18. Items sent by post or by courier are done so at the customers own risk and customers are advised that items are properly insured and covered whilst in transit and in the possession of the company and its suppliers. The company cannot be held responsible for loss or damage in transit.
19. Items sent by the company will be done so on behalf of the customer and deemed the responsibility of the delivery agent and its insurers. With the limited liability to 12 per kilo unless varied separately in writing in advance by the customer. The company shall not be liable for any consequential loss of the goods and work carried out on the said goods by the company.
20. From the time of receipt, all components passed to the company by the customer will be held for 48 hours prior to the work commencing, during this time the customer may cancel the order at no charge and refund any deposit paid.
21.Once the work has commenced the customer is liable for the full price of the completed work.
22. It is the customer’s responsibility to supply detailed parts lists of the components sent or given to the company. In the absence of such lists, the company will compile their own detailed lists but cannot be held responsible for any deviation at a later date.
23. Any property belonging to the customer which is sent to the company or left with the company by the customer is done so at the customer’s own risk. The company is not liable for loss or damage that may occur to any such goods in its possession.
24. Any date for completion given by the company, its representative or agent, although given in good faith, shall not be binding upon the company nor shall the company be liable for any consequential loss howsoever arising. Time shall not be the essence of the contract.
25. All prices quoted by the company exclude vat @20%, the company does not accept personal cheques, only cash or credit cards. Credit cards may be charged a surcharge of 2.5%.
26. Upon completion of the work the company will notify the customer and payment will then be due. If payment is not received after 28 days interest will be charged at 8% over the bank of England base rate on a daily basis until the debt is paid in full. Storage charges may apply on goods held and not paid for after this period until disposal.
27. If the company does not receive payment from the customer within 28 days of notifying the customer that the work is completed, or if payment is not honoured for any reason the company has the right to in lien on the customer’s goods and sell any of the said goods which are in its possession and thereafter recover from the customer the shortfall (if any) of the sum due after giving credit for the net proceeds of sale after deductions of the costs of sale. The company may at its own discretion employ the services of a third party after a period of 28 days to recover any such outstanding debts. Further charges may apply to cover legal expenses and added to the debt.
28. As in 26 above the company cannot be held responsible for any loss resulting from the disposal of customers goods.
29.The company cannot be held liable for any loss or damage to poorly fitted components failing prematurely due to poor assembly, other than those components fitted by an authorised agent.
30.The customer is responsible for identifying critically stressed components and ensuring that after electroplating they are de-embitterment before re-assembled to the vehicle. The company cannot be held liable for any subsequent failure to the aforesaid component.
31. In the event of breach by the customer of any of the above conditions the customer shall be liable for the company’s legal costs, disbursements and value-added tax thereof incurred in enforcing of these terms and conditions.