The terms “We”, “Us” refers to DMARK CONCEPTS LIMITED forthwith. The following forms part of any contract between DMARK CONCEPTS LIMITED and the client and should be read in conjunction with any agreement.

For ALL Work

All work carried out by us is undertaken, under a job card. We will charge per hour according to the job card, unless otherwise agreed.

Estimates

Estimates relate solely to the labour required to complete the job. Materials, components and sundry items will be itemised and charged for separately. Estimates will be given in writing or email on our standard form, and will be based on the information available at the time the estimate is given. The estimate will cover both the costs and the timescale within which the work will be completed plus the length of time the given estimate is valid for. In work of this nature it often becomes apparent, when taking a vehicle or job apart, that further remedial work may be required which was not visible when the estimate was given. DMARK CONCEPTS LTD will advise the client of any such works’ as soon as practicable and after such discussions generate a revised estimate of the additional costs and amended estimated completion date will be issued.

Quotations

Where a quotation is given for work to be done, it relates solely to the labour costs of the work specified in the quotation. As above, any extra work which may be required will be subject to an additional charge. Quotations are valid for a period of three months and if not accepted within this timeframe, with an agreed start date, will be subject to revision.

Payments

Unless agreed to the contrary, in writing, by us, all invoiced work must be paid for in full, in cleared funds, before the vehicle, and/or components and any other type of work are removed from our place of work.

How to Pay

Our preferred method of payment is by bank transfer. Payments can be made directly into our specified bank account using the details given on every invoice. Most banks provide this service via their internet banking facilities and it’s often free to use. We can also accept cheques and/or cash.

Stage Payments

Where it has been agreed that work will progress on a staged payment basis, the client will pay an agreed deposit when the vehicle or job is delivered. We will submit a report of the work completed together with an interim invoice after every forty hours work, or as otherwise agreed. The deposit will be held by DMARK CONCEPTS LTD until the bulk of the work has been completed. The final payment, due prior to collection of the vehicle or job, will comprise the residual labour charge, charges relating to materials, components and sundries accrued, less the deposit held. All payments will be strictly due within ten working days of the invoice date, and no further work will be carried out until payment is received. Overdue payments will bear interest on the amount due at a rate of eight per cent per annum on the amount outstanding from the due date until payment is made. We will also reserve the right to demand payment in full for the remaining work to be carried out in cases of late payment.

Delays

Where a delay in work is caused by any such late payment, the estimated completion date will be subject to revision. Similarly, if a vehicle or job is not delivered to us on the date agreed for work to start, this may disrupt our workflow, and the completion date may be significantly delayed. In such cases, we reserve the right to charge a fee for the inconvenience caused by any such delay, and will provide a revised completion date taking into account other clients’ needs.

Delivery

The client shall be responsible for delivering the vehicle or job to the above address on the agreed date, and removal therefrom when the work is completed unless otherwise agreed. Should the vehicle or job require transportation by a third party, we can arrange this on the client’s behalf, and at the client’s expense. Smaller jobs can be collected and/or delivered by us upon agreement.

Changes to Specification

If extra work is required by the client, or if the specification is changed by the client, these changes will be subject to a revised estimate of both costs and completion date.

Retention of Title

Any items, panels, part panels or bodywork created by DMARK CONCEPTS LTD, whether attached to the vehicle or job or not, will remain the legal property of DMARK CONCEPTS LTD until such time as payment in full for the whole contract, including any further work contracted on the vehicle or job, has been made in cleared funds to DMARK CONCEPTS LTD.

Agency Agreements

Where the client wishes to use the services of an agent to act on his behalf when negotiating a contract with DMARK CONCEPTS LTD, and/or overseeing such a contract, the following additional terms will apply: We will act on the instructions of the agent as if we were dealing directly with the client. It is assumed in all respects that the agent is acting with the full authority of the client, and that the client will be responsible for any work or alterations commissioned by the agent. We will supply reports of work done and any interim invoices to the agent, with a copy being sent to the client. It is the responsibility of the client to ensure that the agent is aware of his wishes with regard to specifications and any alterations or decisions that are required to be made on his behalf. If the agent commissions work or alterations, or approves changes on behalf of the client with which the client does not agree, or in the event of any other dispute between client and agent, that must be resolved between them. Any subsequent work resulting therefrom will be subject to a revised estimate covering cost and timescale. Should the client wish to dispense with the services of his agent, DMARK CONCEPTS LTD must be given due notice of that intention.

Insurance

We will require details, including an appropriate valuation of items we undertake work upon, to, where necessary, arrange relevant cover. A separate charge for this will be made to the client.

Force Majeure

We shall not be under any liability to the client in respect of any failure to perform or delay in performing any of its contractual obligations to the client attributable to any cause of whatsoever nature beyond our reasonable control. This would include any problems pertaining to the health of Mr. D W & M Standhaft or any members of their close family.

Export Sales

Where the client is aware of the likelihood that the vehicle or job will be exported to, or used in, the United States of America and Canada, this information should be supplied in writing to DMARK CONCEPTS LTD before work commences.

Components

Where panels or any items of work are made from drawings or measurements, patterns or damaged panels supplied by the client, and the client’s vehicle or job is not available for fitting, it must be accepted that some further work may have to be undertaken to tailor the panel to the vehicle or job, and if this is to be done by us a further charge will be payable, including our travelling time.

General

We may, if requested, provide details of other specialists carrying out work which we do not undertake, such as mechanical, trimming and paintwork. It is however the client’s sole responsibility to satisfy himself as to any such company’s abilities and DMARK CONCEPTS LTD will have no responsibility for any such works carried out. We shall use all the legal remedies available to recover any monies due but not paid whether noted above or not. If any provision of these terms of trade is deemed by any competent authority to be invalid in whole or in part the validity of the terms of trade and the remainder of the provisions in question shall not be affected thereby. Any bucks, formers, jigs or frames which need to be manufactured to create any panels will remain the property of DMARK CONCEPTS LTD unless otherwise agreed. These Terms of Trade supersede any previous terms whether express or implied and whether written or verbal.

Acceptance

When we undertake any such work on behalf of a client; the client acknowledges and accepts all of the foregoing. A copy of these terms is publicly available online from our website at this URL (www.dmark.co.uk/terms). We reserve the right to and without notice change these terms.

Governing Law

These terms and all contracts and other arrangements are governed by the laws of England and are subject of English jurisdiction.