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Our Legal Terms and Conditions

Clearly, what we all want is a happy outcome for all involved.

Here, find all the standard terms and conditions that apply to all transactions with us. These terms and conditions are the "ground rules"; unless stated in writing by us, all these terms and conditions apply to all transactions.

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Background

Long years of hard-earned lessons has brought an understanding of how important it is to have written ground rules for everyone. This helps ensure a positive outcome. Among the hard-earned lessons, one lesson regards accommodating a customer who changes their mind midstream. Others have to do with payment schedule. Sometimes we're flexible, but sometimes we will not budge at all. Some "hard rules" are fixed because they were learned the hard way.

By all means, please do talk to us about what you would like our agreement(s) to look like from a legal point of view, but you must do so before we begin work or money changes hands!


Brokerage

Should we come to agreement for the brokered sale of your automobile, engine, or other component, these terms apply.

We will come to a written agreement on the brokerage fee which applies to the percentage of the gross proceeds of the sale for which we shall receive our compensation. Generally, our fee is based on the expected sale price; the higher the expected sale price, the lower the fee. There are also additional marketing concerns, such as markets which require additional fees that we may wish to try, not necessarily all at once, and so on, and some of these may require substantial effort on our part, such as shipping your vehicle to an auction, and possibly back again; these issues we shall address in our primary written agreement, or may take up as time passes as our client wishes.

In addition to these concerns, additional fees may be due, depending on circumstances, which may reduce the net proceeds our client receives; our agreements on this topic are:


Service Work

Service work is also known as time billable as "Shop-Time," typically the highest labor rate in an automotive workshop. We understand that scale of work matters, so we offer a discount for more substantial jobs, generally those that take many tens to hundreds of hours. And, we also offer standard service packages which generally provide customers with the confidence to have a very good idea of what their total bill will turn out to be. These have distinct terms related to them:

Maintenance Service

"Time and materials," paid upon pick up of service item or completion of job, and sometimes with an advance payment for parts, or other good cause. A deposit may be required in some circumstances. Unpaid balance at completion triggers daily storage fee starting on the fifth business day following completion and invoicing.

Restoration

"Pay as you go": Unless otherwise worked out in writing in advance, restoration service is much like maintenance service but with biweekly (or monthly, if so noted, depending on the rate of work per month desired) payment of balance total within 5 business days of invoicing. Late or unpaid balance triggers daily storage fee and possible work termination until balance is paid in full.

Service Packages

Our Service Packages have their own terms. As a flat-rate fee, usually combining both parts and services, and usually presenting us with consequential risk, we generally require 1/2 down upon initiation of an agreement to ensure our client intends to follow through and the second half of that service package, irrespective of whether all work requeste has been completed. Failure to pay promptly - within 5 business days of invoicing - may cause work to halt on the rest of the project.

There are a few notable exceptions to these terms, such as dynamometer-related services. If you require to know these specific terms in advance, please ask for a quotation.


"Non-Shop-Time" Work

Many times work is required that doesn't reasonably fall into the "maintenance" or "restoration" categories. On the one hand it's unfair for us to do a lot of un-paid work and on the other, "shop-time" may not be an appropriate category for such efforts. In order to both ensure we are appropriately remunerated for such work and to ensure our customers are charged a most appropraite rate, the following two categories have been added:

Administrative Services

"Administrative Service" is time spent on tasks "in the office" which are non-trivial in nature and vital to a project's outcome but which do not call upon any substantive expertise. As examples, if we are to chase down a specific paint formula or rare parts for a project, these are examples of Administrative Service.

Transport Services

"Transport Service" is in-person time spent on tasks "out on the road" which are non-trivial in nature and vital to a project's outcome which do not call upon any substantive expertise but which does require a physical presence somewhere and for which delegation to shipping services is for some reason or another impractical or inappropriate.Examples of Tranport Services include taking parts to or from a vendor which provides required services, such as powder-coating, plating, polishing, or dropping off parts for shipping.

These rates may change from time to time (without notice) as articulated here. Once a job is initiated and we are under contract or other obligation, any rate increase will not apply to such contracts unless they are underway for over 1 calendar year, at which time the then-current rate shall apply, as described here.


Presumption of Service Level

When we offer a standard service, we presume from the outset that when a customer requests a service from us that reasonably fits the description of our standard service, they are asking for our standard service and not an à la carte version of a similar service. Our cliant needs to explicitly request à la carte in order to receive one-at-a-time services. This often increases costs for customers and is discouraged; here in this policy we both inform customers of our presumption and we enable customers to make this choice.

As a practical matter, this means that when someone, for example, requests we rebuild their engine, it is automatically understood that they are asking us to rebuild their engine according to our published methods and practices, and fees therefore payable at our standard rates and prices.

 


Special-Order Parts

Whenever we identify to a customer that one or more parts we require for our work or something they request us to source is not something we stock, such parts are considered "Special-Order" whether we so identify them with that term or not. Sometimes, we may identify a very rare part that is in our own inventory as "special order" because it cannot reasonably be replaced in our inventory and especially when such part will be modified in some way, such as an align-bore to match a timing cover's concentricity.

Special-Order parts shall be pre-paid.

 


"Non-Automobile" work - components unassociated with an automobile in our workshop

Our overall policy is that everything is paid on a "time and materials" basis with the exception of our standard service packages which provide a fixed rate for specific services under specific terms.

Your Major Components

When we're rebuilding your unit, we expect a deposit of half any estimate provided upon delivery of unit to us. We begin work when you provide funds. Storage for nonpayment may apply; in this circumstance, we provide a one calendar month grace period following receipt of your unit unless otherwise agreed in writing.

For engines, our standard billing, which applies unless otherwise stated in writing, is in three payments as follows: i) A deposit within 30 days of receipt equal to 1/2 of the anticipated long-block price, including all known options and any wire-transfer fees; ii) A payment roughly equal to the first, but also including funding for any remedial work or unanticipated replacement parts that were required. And; iii) A final payment that accommodates completion to turn-key status and any other billing adjustments that were appropriate. Sometimes during build-out from long-block to turn-key additional funds are required, for example for replacement carburetors. These payments are required to be made in not more than 30 days from the date of notifiction of the additional funds being required or milestone met, whether via invoice or otherwise.

Major Components We Provide

In most cases, we will sell you a unit outright. However, under some circumstances we may sell you a "core," which is then treated as a unit you brought us. If sold outright, it is sold on an as-is basis unless otherwise agreed in writing. If you wish us to do any work on such a unit, the initial purchase price must be paid in full first, then the engine will be treated as a unit you brought us.


Changing Plans: These machinery are systems.

All the pieces have to work together. Where flat-fees apply, unless agreed otherwise in advance, once the unit's parameters are set and work begins, any change to the project will be counted as a new unit and a new flat-fee will apply. There may be times when we have not yet performed some particular steps in which we may permit a change without additional fee, but that choice remains our option. At our option, we may treat some situations as a maintenance task, adding time-and-materials to the finished cost. We also retain the right to refuse a change because "our name" is on the line and we don't want to damage our reputation by producing what we know of feel likely will be an unsatisfactory result.

Example: Consider that you have an engine being rebuilt and want to change out the camshaft for a different one. If we're still working on the crankshaft, then a camshaft change will be OK with us, though we will make sure to notify you if we think it's a bad choice and could possibly refuse to assemble a bad comination of parts, since the camshaft is the "brains" of the system and since the cam must be chosen with many factors in mind. But once we've assembled the crankcase, a camshaft change will not be OK, though you could pay us "time and materials" to change it for you. This may also alter various quotations and delivery times. Depending on specific circumstances, sometimes we may absorb such costs, but doing so remains our option.


Quotations, Prepayments (deposits), and Payments

Quotations

Quotations for fixed-price standard service packages are good for 30 days from the date quoted.

Quotations for prices on parts we are to supply are subject to change until purchased by us for your project, and are good for 30 days thereafter. For long-running projects, payment of the total then-current balance in full shall deem previously obtained commodity parts as paid for by the customer, however, such standing is lost should the customer fail to maintain a paid-up status on the work in question. (This means that the price for a part may change if the bill is not kept current.) For non-commodity parts, even if the bill was paid up at the time the parts were secured, the parts may be retained by us should the project be canceled or should the balance not remain current according to the terms and conditions contained within this agreement.

Our quotations typically make assumptions about what will be received before it is actually received, and therefore we rely upon our customer's assurances about the quality and condition of what we are to receive. Our customers are therefore responsible for any errors or omissions in conveying accurate information to us used in any quotation and explicitly authorize us to spend the time on any remedial action in determining the actual state of affairs at their expense. We reserve the right to update our quotations for a reasonable period following receipt of items or following discovery of problems during work to provide the necessary time to examine and evaluate the accuracy of and make update to our quote or estimate. However, it is explicitly recognized that some issues may remain hidden. When we recognize this risk and articulate it to our customers, the upper bound of the hidden risk is the valuation of the quotation or estimate without regard to any other dollar or time figure cited.

Payments and Prepayments

A large portion of our business is rebuilding engines, and we have a long-established pattern that serves both customer and us quite well: we receive a deposit upon receipt of the customer's engine which is an aproximation of half of the cost of the prospective long-block, a second payment upon completion of the long block equal to the value of our work and associated parts (and any taxes or fees), and then, if appropriate, we complete the engine to turn-key status, and in any case before shipment, any and all fees are due. So, for engines, our standard business model is three payments for running-engines, and two for long-blocks, but we are open to arranging other arrangements in advance.

Whether an engine or other item, unless explicitly arranged in advance, we require (at our option) a deposit (prepayment) to begin work, the size of which is generally to cover out-of-pocket expenditures on our part; the portions of any such deposit which are for parts, for non-service work or for subcontracted service work are nonrefundable. Also nonrefundable are funds provided for service work which has been completed. In the instance of funds for service work that is in-progress, this too is non-refundable. In the case of a deposit to hold an item we're selling to prevent us from selling to anyone else, we will state the terms in our agreement to accept it, or, in the case that we do not, the default of 30 days (as provided by CA law) applies. In the case of "packaged" services, such as engine assembly or dynamometer runs, the deposit becomes nonrefundable when any portion of the packaged service begins. In the case of deposits that are made to execute an outright purchase from us made in multiple installments, deposits are deemed defaulted if the purchase is not completed within 30 days as provided by California law unless otherwise arranged, in writing.

Accepted Forms of Payment

We only accept the following forms of payment, and only under the following terms:

PERSONAL CHECKS ARE NOT ACCEPTED

Due to way too many problems with personal (or business) checks, your check will not be accepted; please do not ask.

The first issue is simply "insufficient funds" or otherwise a "bad check"; we have received too many. It costs us money to fight such things - it's not only the delay in receiving payment. We have accepted literally tens of thousands of dollars worth of unpaid personal and business checks, and don't want any more.

But bad checks are not the only reason we don't accept personal or business checks; there is also the issue of repudiation.

PRESENTLY, THE REPUDIABILITY PERIOD FOR PERSONAL CHECKS IS TWO YEARS! This does not mean that a repudiation attempt will be successful, but this is the reason we have a policy of not taking checks.

We have had a few unscrupulous clients. More than one has given us their check, it initially clears, they then make an illegitimate claim against us, their bank takes ALL the money from us, gives them back a chunk of or all of the money, and then some short period of time later they later say, "oh, no problem, my error! They were not at fault, pay them!" and the funds are again released to us. This is in effect what amounts to a temporary loan from us for the duration of them getting over whatever financial difficulty they were having while creating a difficulty for us. We have had this happen often enough that this is a significant reason why we do not accept personal checks.

Please do not consider our refusal to accept your personal check to have anything to do with you - it doesn't, it has to do with hard-learned lessons of business. We have often heard from customers, "Oh, but this is ME, I wouldn't give you a bad check!" only to have them give us a bad check or pull the repudiation trick cited above. (Worse is when people say, "How dare you impugne my reputation! I'm offended!") So, please, save us the unpleasantry of having to refuse your check, and save yourself the embarrassment that you weren't able to convince us to take your check, and just don't offer us your personal check.

In the event that you make payment into our account at a bank branch somewhere via a personal check, WOW it's virtually certain will we all be unhappy. The big problem in such a circumstance is that it is basically the same thing as you forcing us to take your personal check. Firstly, there will be a delay in our receipt of funds, and, depending on the amount or other circumstance, it may be a dramatically longer delay than you expect. Further, if we are expecting a cash payment - which is what a cash deposit is - and you then cause this delay via a personal or business check, the discrepancy from our expectation vs reality will not make us happy people. In addition, in this circumstance you have just guaranteed yourself a maximal delay.

IN THE OFF-CHANCE WE DO ACCEPT YOUR PERSONAL CHECK...

Consider yourself lucky and privileged that we're extending ourselves to you. But if you then repudiate the check in any way, expect us to act accordingly; we won't hesitate to spread the word about your bad behavior, and would be extremely unlikey to ever perform any further work for you.

Under no circumstances will work product leave our premises prior to payment in full.


Annual Update - Possible Changes of Pricing DURING Service Delivery

In the event that there is work progressing for more than one calendar year from initiation of an agreement, any updates in our pricing or rates that have occurred since inception of the agreement, or since an agreement's most recent "annual update", shall be applicable for subsequent service delivered, contracted, or parts secured. We shall articulate such updates on our invoices as appropriate, however, such updates may occur without other notice since they're an established policy and since our current labor, parts-related, and storage rates are published here.

Note that this does not alter the policy of price quotes for parts not being a guaranteed value until secured from third party vendors as prices are rising all the time and we cannot be responsible for these esily anticipated increases.


Pickup and Delivery

We expect our customers to drop off and pick up all items, or arrange with others to do so.

Customers are responsible for all transportation of all items to and from our facilities, or an alternate facility we designate, as appropriate, and all fees related thereto.

Customers are responsible for all aspects of all items before they get to or after they leave our facility. We are not obligated to secure insurance, nor are we liable for any issues in packaging, even if we ourselves perform the pickup or drop-off since we ask customers to do this for themselves.

Our highest published service rate shall apply to any and all activities spent assisting customers with either the packaging or unpacking of goods to be either received or shipped, including, but not limited to, crating, uncrating, meeting with shipping agents, etc.

In the off chance that we should arrange, as a courtesy, any shipping, whether it be for a part or a whole car, we agree to provide due diligence in finding vendors who appear to be professional and credible but can in no way be liable for their errors, omissions, mistakes or other faults resulting in any loss. We will, as a courtesy, remind customers about the need for insurance and potentially help them secure it, but we again are have no liability to do so, nor can we be liable for any problems or arguments with them. However, we do agree to provide evidence in support of claims and will serve to help prosecute insofar as it does not interfere with our business. We are likely to have collected photographic evidence since this has long been our habit as evidenced by examples shared on our web site as we do this to protect our own interests, but we are not obligated to have done so without explicit request.


Abandonment

Thankfully, few customers have abandoned their projects with us, but if you're in business long enough, it's an eventuality to be considered - and it has happened to us, unfortunately. In the case of automobiles in our facility which are present for storage purposes only, our storage policy applies. The policy articulated here applies to all other circumstances.

Because we are a small shop and cash-flow is always a concern, our policies echo state law in this regard which provides a relatively short period as compared with some other states. We simply cannot afford to have large sums outstanding for long periods.

Unless otherwise arranged in advance and confirmed in writing, we require payment within 30 days from date of invoicing or other notification payment is due. We have always been generous in this regard, but sometimes circumstances prohibit us from having unlimited patience.


Standard Rates

Parts

As we are not a parts-house, we generally buy parts at retail. Therefore, we encourage our customers to provide us the parts they want installed at the time of project drop off or shipment. However, we are pleased to provide a parts-sourcing service to our customers. To accommodate our expenses, we have a standard markup of 10 to 20% for most items. Small items have a higher overhead per piece, so they will typically have a higher markup. We may also not necessarily use the cheapest vendor - unless you want us to bill you for the time spent finding the cheapest price, it may not be cost effective for us - so, again, we encourage our customers to provide parts they require in advance. Once the job has started, you agree we're free to source parts as best we can on your behalf.

Hourly Rates

When considering the following, recall that we are a small shop in the San Francisco Bay Area; in the 2020s, we're actually the lowest-priced quality-oriented shop around and rarely have low-paid staff competent to conduct parts searches or negotiate with vendors.

Maintenance work: $200.00 - this is most all workshop work, including all engine-only work.

Restoration work: $175.00 - this is for customers with substantial work in-house that's actively funded.

Administrative work: $75.00 - this is for "office work" required such as hunting down rare parts.

Transport required: $100.00 - this is for when one of us needs to visit a local vendor in-person, such as for plating, powder coating or cleaning (such as vapor blasting) purposes.

These rates may be superseded at any time - "subject to change without notice" - and new rates will only apply to agreements made subsequent to any change.

Storage Rates

Vehicle storage due to unpaid balance: $75/day. This applies to vehicles on-site for service which are awaiting pickup or otherwise for payment of bill as outlined elsewhere in this document and for which their grace period has expired.

For vehicles on-site specifically for storage which do not have payments due (other than for storage), the rates specified below shall apply whenever no rate was explicitly specified in writing. These rates are for "normal" car sizes, roughly the size of a VW Karmann Ghia or Porsche 356 or 911. For larger cars, a rate adjustment may be required.

Automobile storage, per month (or part-month):

Please Note: We will not invoice you or bill you. And in exchange for our not having to expend a lot of effort, we're offering you a very competitive price. However, if you fail to pay in advance, you then are subject to the full-fair price which is double.

Pre-payment means just that - pay in full in advance! For those who "forget" lose the discount and shall pay full-fare which is double the prepaid rate. If you want the pre-pay rate, it's up to you to pre-pay and not depend on us to hound you for payment.

NOTICE: State law provides that a lien may be placed on an automobile and possibly conduct a lien-sale for nonpayment of storage after only 30 days. Our policy is more generous: When the unpaid bill is only for storage, we will give you at least 90 days. It's not our job to remind you about storage, and this is why we offer a very generous prepayment option. However, after 90 days of non-payment, or three calendar months, whichever is longer, we will, at our option, lien-sale your vehicle to pay the fees. The law is different for engines, transaxles or other items brought to us for service work and provides for forfieture of the asset after a bill remains unpaid for only 30 days. We never want to do this, however, there may be circumstances which compell our use of this law; should we find it necessary to do this, we will always provide clear notification with at least one week's final notice.

Additional Notes On Car Storage can be found here.


Marketing, Documentation

Our use of images or descriptions we create during the performance of our work

We retain the right to use any and all images and text we create during the performance of our activities, including images and descriptions of your project, in any way we see fit, whether for advertising, marketing, licensing, outright sale (such as posters, book content, etc.), or for any other purpose, without compensation or remuneration to you of any kind, and without consulting with you or seeking your permission. For example, we may leave an ad up indefinitely that pertains to your project as a means of attracting new customers. In engaging with us, you thereby release any and all claims you might have otherwise had on any images or other such materials created by us.


Changes, Errors and Omissions

We retain the right to alter any aspect of our work, our policies (these Terms and Conditions), this website, whether tangible or intangible including descriptions, and work-product in any form, until a transaction pertaining to that work is complete. Errors or omissions are always possible, no one is perfect, and we strive for perfection, however, by engaging with us you agree to indemnify us against any such errors or omissions and hold us harmless insofar as is allowed by law.

As noted in the above paragraph, we reserve the right to update these terms and conditions at any time without notice. As a courtesy, we provide them here and in writing upon request.

It is possible there shall be errors in display of this page, be it an electronic error, an edit gone wrong, incorrect advice given, or otherwise an error such as in articulation of our rates or prices. As the economic climate for our work has never provided for a substantive drop in prices for well over 30 years, and especially not labor, in the event of any such error, the correct, agreed upon rates and prices shall be whatever has heretofore been explicitly agreed between the parties via direct communication, with the possible exception of annual-update as described in these policies here.

ALL USERS OF OUR WEB SITE, AND RECIPIENTS OF ANY ADVICE OR DIRECTIONS WE MAY GENERATE OR SHARE BY ANY MEANS HEREBY PROVIDE WAVIER AND DISCLAIM ANY AND ALL CLAIMS FOR ANY ERRORS OR OMISSIONS IN INFORMATION OR MATERIALS SO SHARED AND HEREBY WAIVE ALL CLAIMS BASED OK ANY THEORY OF TORT WHICH MIGHT ARTICULATE A CLAIM BASED ON SAID ERROR OR OMISSION.


Waiver and Disclaimer

The cars and equipment we work on, and the Porsche 356 series, in particular, have been "out-dated designs" for over 50 years now and a great many parts are no longer available. And, the parts that are available may or may not be adequate to the tasks to which they are applied, at no fault of ours.

Porsche itself, as a part of it's Kunst Deinst ("KD") program ("customer service") way back in 1960 were replacing engines outright that came to their servive department rather than fixing the older equipment. This was because they knew the older designes were flawed as evidenced by the changes they made in production which only addressed reliability issues and not features or performance.

NOTABLY, ORIGINAL MAIN BEARINGS ARE NO LONGER AVAILABLE FOR ANY PORSCHE 356 ENGINE AND OFTEN AVAILABLE REPRODUCTIONS ARE FLAWED.

Therefore techniques used to get and keep these vehicles running in the second decade of the twenty-first century and beyond are necessarily not what would have been done "back in the day," such as we document here for engines manufactured starting in 1955. And, this obscelescence isn't limited to engines. Often, extraordinary means must be applied to return vehicles to service, means which simply cannot be guaranteed.

Therefore, we require all our customers to agree to this waiver and accept our disclaimer of liability in order to use our services.

BY USING OUR SERVICES, ALL CUSTOMERS - YOU! - HEREBY ACKNOWLEDGE THAT OUR PRODUCTS AND SERVICES ARE DELIVERED ON A BEST-EFFORT-BASIS-ONLY, WITH NO WARRANTEES OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, AND CONSENT TO A WAIVER OF ANY AND ALL CLAIMS UNLESS AGREED TO IN ADVANCE, IN WRITING, AND DULY AUTHORIZED BY US. FURTHER, SHOULD ANY COURT OF COMPETENT JURISDICTION DEEM OTHERWISE, CUSTOMER HEREBY AGREES THAT THE MAXIMUM AMOUNT OF DAMAGES APPLICABLE SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR ANY DISPUTED PHYSICAL ITEM OR SERVICE AND HEREBY WAIVES ANY CONCEPT OF TORT WHICH MIGHT OTHERWISE PERMIT A GREATER CLAIM.

 


Severability

If any provision of these Terms and Conditions or any additional agreement between us is held invalid, illegal, or otherwise unenforceable, such provision shall be modified to the minimum extent necessary to make such provision, valid, legal, and otherwise enforceable, and the validity, legality and enforceability of the remaining provisions shall not be impaired thereby.


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