Service/Workshop Terms and Conditions

1. Definitions

1.1 "DK": means us - D.K. Engineering (Servicing) Ltd. We may refer to ourselves as "us" or "we".

1.2 "The Customer": means you. We may refer to you as "you".

1.3 "The Work": means the work that DK is undertaking for the Customer whether it be restoration work, servicing, repairs, race support or other services with regard to the Customer's motor vehicle(s) or activities.

1.4 "Support Work": means the provision of all or any of the following facilities namely the transportation of the Customer's vehicle(s) to and from motor racing meetings or events; the provision of mechanics to service and maintain the said vehicles thereat, and any other attendant facilities or services offered to the Customer for this purpose.

2. Estimates

2.0 Estimates by DK unless otherwise stated in them shall be open for acceptance within 30 days of the date thereof.

3. Terms of Payment

3.1 All invoices are payable without discount of any kind in pounds sterling within 14 days of the date of the invoice or at the time of collection of the Customer's motor vehicle (whichever is the sooner) unless on the face of the invoice another date is given. Payment is due at DK's address as appears on the invoice or as otherwise directed thereon. Payment at the time of collection of a vehicle must be by cash or bankers draft unless otherwise agreed by us first in writing.

3.2 DK reserves the right to charge interest on all or any part of any invoice not settled in full by the due date at the rate of 4.5% above the base lending rate (or any other rate that may have replaced or superseded the base lending rate) of our Bank and in addition shall be entitled to claim for and recover any expenses (including without limitation legal fees) incurred by us in collecting full payment due under any invoice.

3.3 All invoices carry in addition Value Added Tax (V.A.T.) at the appropriate rate from time to time in force. All sums quoted or given by us in any correspondence or communications shall be net of V.A.T. unless specifically stated to the contrary.

3.4 DK will invoice on completion of the Work or monthly in arrears (whichever is the earlier) detailing the work conducted during the previous month. Such invoices will break down the cost of our labour, and the costs of all parts, materials and specialist services used in the Work. DK reserves the right to add a mark up at our discretion on the cost to us of sourcing and providing such parts, materials and specialist services with regard to the Work.

3.5 We reserve the right with regard to vehicles not collected within 14 days of the Customer being advised that the Work has been completed to charge for storage at the rate of £45.00 per week unless otherwise first agreed by us in writing.

General

4.1 DK may sub-contract all or any part of the Work if in our absolute discretion specialist services or parts are required for the purpose of completing the Work.

4.2 DK shall have a lien on all or any of the property in our possession for all or any sums due to us at any time by you and we shall be entitled to use sell or dispose of such property as agents and at your expense apply the sale proceeds towards the payment of such sums on 28 days notice in writing to you. Upon our accounting to you for any balance remaining after payment of any sums due to us and the costs of sale or disposal DK shall be discharged of any liability in respect of such property.

4.3 DK shall retain the ownership in all parts and materials supplied to the Customer or fitted to the Customer's vehicle by us and ownership will only transfer to the Customer upon your settling in full all financial obligations that you may have to DK on any account whatsoever.

Support Work

5.1 When DK provides to the Customer Support Work (whether in respect of the Customer's own vehicles or not) the following additional specific charges shall apply:

5.1.1 Labour is charged for on weekdays (except Bank and Public Holidays) on the basis of a maximum 12 hour day at our usual hourly rate for both senior and junior mechanics.

5.1.2 Labour is charged for on weekends and Bank and Public Holidays on the basis of a maximum 12 hour day at our usual hourly rate plus 50% for both senior and junior mechanics.

5.1.3 The fares for travel and the food and accommodation costs for mechanics supplied will be charged for in the same amount as the cost to DK in providing the same.

5.1.4 The cost of transporting the Customer's vehicle(s) will be charged at cost plus 10% incurred by DK.

5.1.5 The cost of vehicle hire and insurance thereon and the cost of insurance for tools and personal injury to DK's staff will be charged for in the same amount as the cost to DK in providing the same.

5.2 ln the event that DK is providing Support Work to more than one customer at the same event then DK may at its discretion apportion all or any of the costs in paragraph 5.1 that are incurred for more than one Customer at the same time as it deems appropriate.

Storage of Vehicles

6.1 Subject to prior agreement (and without prejudice to the provisions of paragraph 3.5) DK will provide secure dry storage for Customer vehicles upon the following terms:

6.1.1 To be charged for at the rate of £40.00 per week or part of a week.

6.1.2 If the Customer does not insure the stored vehicle(s) via Aston Scott Limited DK will insure the same on its own policy of insurance via Aston Scott Limited at such value as DK shall in its absolute discretion deem to be appropriate and the cost of such insurance cover shall be charged at cost to the Customer on his monthly invoices.

6.2 DK will not charge for storage when a vehicle is in the workshop for any part of a day in connection with the carrying out of any work commissioned by the Customer.

Force Majeure

7.0 DK shall not be liable for any failure in the performance of any of its obligations caused by factors outside of its control.

Notices

8.0 Any notice required to be given under the terms of the Contract shall be in writing and sent by facsimile transmission, email or first class post addressed to the receiving party's address and shall be deemed to have been given the day it is sent in the case of facsimile or e-mail and the second day after posting in the case of first-class post.

Law and Construction

9.0 Any legal obligations between us shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding the Contract except to the extent that DK invokes the jurisdiction of the courts of any other country.