Speed Works Terms and Conditions
These terms and conditions apply to your use of our services and represent a legally binding agreement between you and us. By using our services, you indicate that you agree to be bound by the terms and conditions of this agreement and any other terms and conditions that may be referred to below.
Speed Works may subcontract any service to any subcontractor or vendor who is properly certified and trained. Warranty for these services performed will be issued by the vendor or subcontractor, and Speed Works will assist with the warranty claim.
* Prices quoted are in U.S. Dollars.
* Customer is responsible for all applicable taxes, duty, freight and handling charges.
* The work, associated with these terms and conditions, will be performed at Speed Works maintenance facility, in Osteen, Florida or at the various race tracks.
* A consumables fee (4% of labor) will be included on the final invoice
* Any work requested either in writing or verbally, that is not part of this proposal will be performed and charged at the current applicable shop labor rate.
* Travel time and expenses which may be necessary to conclude a project will be billed upon completion of the project.
* All costs associated with maintenance track days (fuel, crew, lubricants, etc.) are the responsibility of the Customer.
PAYMENT TERMS. A non-refundable deposit of one half of all quoted items is required at the time of Proposal Acceptance, and one fourth of the cumulative estimate is due when the work is approximately 50% complete. Payment in full, including any additional amounts associated with discrepancies, Change Order Requests, or optional additional work will be due upon completion of the work and prior to release of the car, unless other prior arrangements have been established and approved. Acceptable methods include cash, check, wire transfer or credit card. Remote credit card transactions will require a Speed Works Remote Credit Card Transaction form completed, or written authorization via email on file prior to invoicing. Remote credit card transactions will be assessed a 3% convenience fee. The company reserves the right to require payment in full prior to any maintenance check runs. The company reserves the right to bill final invoices over 90 days using customer credit on file.
AUTHORITY. A power of attorney or other proof of authority document is required for anyone signing as an Authorized Agent for the car owner. The Authorized Agent represents that he or she is employed by Customer in a capacity indicated on the document and is unequivocally authorized to bind Customer to this agreement.
WORK ORDER AUTHORIZATION. The face of this Work Order Authorizaton contains the description of the work or workscope to be performed by Speed Works to the Customer’s car and engine(s) . Speed Works is authorized to acquire on behalf of the Customer all parts, components, materials and equipment necessary to complete the Work.
CHANGES OF WORK SCOPE: Any changes or additional work requirements noted will be documented on a Speed Works change work order Form, or communicated to the Customer via email or telephone. Our policy requires that approval of the changes be obtained from the Customer prior to making any changes to the scope of work. Therefore, it is important to process any additional Work Authorization(s) promptly, and submit all change requests in writing to Speed Works.
MAINTENANCE – All workmanship for maintenance and modifications completed by Speed Works is warranted to be free from defects under normal use for 3 months or 150 miles, which ever occurs first. This warranty is void if the car is used on any race track or in any race situation.
Exclutions: Warranty eligible repairs that would normally be covered by Speed Works but were performed by third party maintenance providers at the request of the Customer and at a location other than Speed Works’ facility must be expressly authorized by Speed Works in writing and in advance of the commencement of the repairs. In no event shall Speed Works be liable for repair or warranty consideration if car / component or part has been altered, modified or adjusted in anyway to include removal and reinstallation of part or component after car was returned to service by Speed Works for the duration of said warranty.
The warranty excludes the following:
o Normal erosion on all portions of the car
o Normal expansion cracking of composite materials, sealants and fasteners;
o FOD (Foreign Object Damage);
o Defects caused from improper maintenance or paint detail maintenance to include Teflon applications
o Defects caused by act of Nature, misuse or neglect;
o Warranty eligible repairs (approved by the Customer) performed by third party maintenance providers Customer at a location other than Speed Works.
o Scuff and paint work that has not been processed from bare metal by Speed Works or their vendors due to differences in existing primers and materials in addition to previous application processes could negatively affect application of new top coat.
Speed Works represents and warrants to Customer that all labor pertaining to the Work (hereinafter referred to as “Labor”) shall be performed by Speed Works in accordance with applicable standard practices, and accepted industry standards (hereinafter collectively referred to as “Standards”). The entire extent of Speed Works liability under this limited warranty shall be the repair and /or replacement at Speed Works option, of Parts requiring repair and/or replacement as a result of Speed Works failure to perform Labor in accordance with Standards. This limited warranty does not extend to manufacturers’ and vendors’ Parts including, without limitation, any defect in such Parts. Such Parts’ warranties, if any, are supplied by the manufacturers and/or vendors of such Parts. Written notice of any claim for the performance of Labor and/or repair and/or replacement of Parts, pursuant to Speed Works Limited Warranty must be given to Speed Works at within 24 hours of said failure. Speed Works does not warrant materials parts, components, equipment or services supplied or performed by other companies.
ANY ACTION AGAINST SPEED WORKS FOR BREACH OF THIS LIMITED WARRANTY MUST BE COMMENCED WITHIN 24 HOURS AFTER THE CAUSE OF ACTION OCCURS.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER WAIVES AS TO SPEED WORKS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, AND WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
TO THE EXTENT ALLOWED BY APPLICABLE LAW. THE OBLIGATIONS OF SPEED WORKS SET FORTH HEREIN SHALL BE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY HEREUNDER AND TO THE SAME EXTENT. SPEED WORKS SHALL NOT BE LIABLE FOR ANY GENERAL, MULTIPLE, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR DIMINUTION OF MARKET VALUE; LOSS OF USE OR LOSS OF PROFITS OR ANY DAMAGES UPON THE THEORIES OF NEGLIGENCE OR STRICT IN TORT.
THIS LIMITED WARRANTY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA.
ESCALATION: If the Work or any portion thereof is to be performed and paid for on a time and material basis and if during the performance of this agreement Speed Works publishes to its Customers a general increase or decrease in the basic per hour rates charged for the type of Works to be performed herein, then such increased or decreased rates shall be charged to and paid by Customer for work performed subsequent to Speed Works publication of such rates.
TAXES: The amount of all federal.,state or local taxes applicable to the sale use or transportation of the parts sold or the work performed hereunder and all duties, imports, tariffs, or other similar levies shall be added to the prices and paid by the Customer, except where the Customer shall furnish the appropriate certificate of exemption therefrom. Customer agrees to indemnify and hold Speed Works harmless from and against the payment or imposition of any such taxes.
PARTS, TITLES, MATERIAL SUBSTITUTIONS & EXCHANGES.
Parts prices included in the proposal are estimates only for budgetary purposes unless otherwise noted and subject to change without notice. All parts used to accomplish the work will be priced at the prevailing price at the time of installation.
Customer furnished parts and drop shipments will be assessed a 20% handling surcharge at the time of the installation based on Manufacturer’s Suggested Retail Price (“MSRP”). For rebuilt, reworked, overhauled or refurbished parts where there is no MSRP, Customer will provide the invoice from which Speed Works will determine the surcharge on a cost plus basis.
Customer furnished parts must be accompanied by a properly executed paperwork acceptable to Speed Works inspection procedure requirements. If such documentation is not supplied, any overhaul, upgrade, certification or repair necessary to be in compliance must be accomplished prior to installation of the parts. Any such overhaul, upgrade, certification or repair is the sole responsibility of the Customer. Speed Works disclaims any and all liability for Customer furnished parts and specifically excludes any and all expressed, implied or statutory warranties for such parts including, but not limited to, the warranties of merchantability and fitness for a particular purpose. Customer shall release, indemnify, defend, save and hold harmless Speed Works, it’s employees, directors, officers, agents and subcontractors from and against any and all responsibilities, liabilities, claims, demands, suits, judgments, losses, damages, costs and expenses for the performance of such parts and installation by Speed Works without inspection of such parts.
Speed Works seeks to obtain the lowest price available for materials, parts, and outside services for your car. However, we, as most other Maintenance providers, may be unable to secure final vendor pricing on certain OEM parts, exchange parts or outside overhaul/repair units at the time we formally invoice you. This will result in additional invoicing to your company for these charges. We will make every attempt to minimize these additional invoices. Title to car and or car parts shall not pass to Customer or any other person, firm or corporation, until Speed Works receives full payment for the work. Speed Works holds title until the invoice is paid in full.
Speed Works may substitute equipment, accessories, parts, or material where Speed Works deems such substitutions necessary to improve the quality, performance, reliability, stability, utility, or appearance of the materials supplied hereunder. If any materials are not specified or contemplated herein are not readily procurable for their intended purpose Speed Works will have the right to substitute equivalent suitable materials.
Customer agrees that all components requiring replacement on an exchange basis is subject to core charge by the supplying vendor unless otherwise specified. The amount will be paid at the time of sale by the customer. The core charge will be credited or refunded as required upon acceptance and inspection of core by the supplying vendor. Should a core be determined by supplying vendor to have excessive wear or damage, Speed Works will work with the supplying vendor to obtain the lowest repair cost possible. All components purchased offsite must have cores returned within 15 days domestic and 30 days international.
CONSENT TO USE: You consent to our use of your car, organizations trademarks, including logo’s, registration numbers and business names, for the sole purpose of display within our website at www.speedworksfrs.com and in our marketing materials. Unless separately agreed in writing, no representation will be made in our use of your trademarks, other than your use of our facility. This consent will not affect transfer of copyright, trademark or any other applicable intellectual property rights or title from you, and no other use of your intellectual rights is authorized.
CHANGES: Any changes or additions to the Work set forth herein, and in any applicable drawings, specifications or designs accompanying this Agreement may be made only through the initiation of a request for change to workscope. Such changes or additions may affect price and delivery. Any increase in price shall be borne by the Customer.
EXCUSABLE DELAY: Where delivery schedule has been given, Speed Works will make a good faith effort to comply with such delivery schedule; however. Speed Works shall not be considered in default hereunder and no liability is assumed by Speed Works for any change in delivery schedule due to any cause not reasonably within the control of Speed Works including, but not limited to, fire, explosion; rot, acts of God, acts of Customer, civil disturbances, floods, earthquakes, vendor delays, delays in transportation, condition of car and casualties similar in nature to the foregoing or due to additional workscope requests made by the Customer when advised that addition of such item might impact the schedule upon, which the original promised delivery date was based. Additionally, any delay by Customer in signing to approve or decline correction of discrepancies or defect noted by Speed Works during performance of quoted work scope. Should events occur which would give rise to Customer’s claim that Speed Works is in default of the agreed delivery schedule, Customer shall first give Speed Works a thirty (30) day written notice of its claim during which time Speed Works may cure any claimed default Terms and conditions cont. and incur no liability therefore.
INDEMNIFICATION: Customer shall indemnify and hold Speed Works, its officers, directors, employees. and agents (collectively “indemnitees”) harmless for loss of or damage to the car including the Work accomplished on the car under this Agreement for any reason or cause whatsoever while the car is in the possession and control of Speed Works or on the premises of Speed Works except to the extent such loss or damage is solely, directly, and proximately caused by the negligence of Speed Works. In no event shall the indemnitees be liable for, and Customer shall indemnify and hold the indemnitees harmless from consequential, incidental or exemplary damages or loss of use of car or any part thereof.
APPLICABLE LAW AND JURISDICTION: The validity, interpretation and performance of the Agreements and all other agreements made pursuant or in relation hereto will be governed by and construed in accordance with the laws of the State of Florida.
NON-WAIVER: Customer and Speed Works agree that the, waiver of any rights herein set forth by the other party shall not be construed as a waiver of the same rights at a future time or as a waiver of any other right herein provided.
WAIVER OF SUBROGATION. The Customer waives any and every claim which arises or may arise in its favor and against Speed Works for any loss of, or damage to, the car, which loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable under said insurance policies. In as much as this waiver -will preclude the assignment of any aforesaid claim by way of subrogation for otherwise) to any insurance company (or any other person), the Customer agrees to immediately give to such insurance company which has issued to its policies of fire and extended coverage insurance written notice of the terms of this waiver, and to cause said insurance policies to be properly endorsed, if necessary to prevent the invalidation of such insurance coverage by reason of said waiver.
ENTIRE AGREEMENT. The provisions hereof (including the pertinent documents. drawings, and specifications applicable hereto) shall constitute the entire Agreement between the parties and supersede all prior prices, offers. negotiations, statements, or agreements relating to the subject matter hereof.