ARTICLE 1: FOREWORD
1.1: Introductory Message
These terms and conditions are important. They form a part of your contract with Arkonik. They come into effect upon the payment of your initial 25% deposit. Please read them carefully and if you are uncertain about any aspect of what’s written please do not hesitate to get in contact.
Arkonik restores and delivers Land Rover Defenders to the highest of standards. The client has every right to expect the uppermost level of product quality and customer service.
Please be prepared for what a restored Arkonik Defender is. You are not buying a new vehicle. You are buying a customised restored vehicle, which was originally built as a platform for utility, not luxury. By accepting these terms and conditions, you acknowledge that you understand the nature of historic vehicle ownership.
It is important to note that upon receiving the vehicle you will have to deal with local registration agencies for any necessary testing and titling of the vehicle. Arkonik is able to offer support and guidance to aid with this process. Arkonik will ensure that a US Arkonik Representative and specialist will visit with you soon after taking delivery of the vehicle. At this time, the Representative will train you in the use of the vehicle, and give advice and assistance with its titling if necessary.
All orders will be subject to the terms stated in these Terms and Conditions. The client, by default, agrees to the Terms and Conditions, along with the Arkonik Terms of Sale and Arkonik Warranty (this document) by signing the initial sales invoice and/or depositing the initial 25% payment. The client (or nominated third party) will take custody of the vehicle upon delivery or collection of said vehicle. Please retain a copy of all provided documentation for your own records.
1.2: Arkonik’s Commitment to Privacy
In accordance with the Data Protection Act 1998, Arkonik takes great care with all client information.
Personal information, such as the client’s e-mail address, name, home or work address and telephone number is collected by us and is used solely for the purpose of billing, shipping and fulfilling the order.
When placing an order we collect the following details from you whilst protecting your data securely at all times:
- Billing Address
- Shipping Address
- Telephone Number
- Email Address
Arkonik uses the information the client provides when placing an order only to complete that order. Arkonik do not share any of this information with outside parties except to the extent necessary to complete the order. Arkonik uses return email addresses to answer any emails received. Such addresses are not used for any other purpose and are not shared with outside parties.
Arkonik never use or share the personally identifiable information provided in ways unrelated to the ones described without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. Arkonik may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. Arkonik may do so when: (1) permitted or required by law, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud which has already taken place. The information is not provided to any companies for marketing purposes.
The client’s personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
1.3: Arkonik’s Website
Arkonik is not responsible for the privacy statements or content on websites outside of our website.
The Arkonik site may use cookie and tracking technologies, which are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors.
Personal information cannot be collected via cookies and other tracking technology; however, if the client previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
1.4: Arkonik’s Liabilities
Arkonik accepts no responsibility for harm or damage resulting from the use or misuse of its product(s). Clients are advised to carefully consider any modifications for their vehicle and ensure that they meet with local Road Safety requirements and statutory obligations in relation to the use of motor vehicles in the client’s region. Arkonik reserve the right to refuse the fitment of any accessory or adaption to/of the vehicle should Arkonik believe the change is principally unsound.
1.5: Arkonik’s Company Registration Details
Arkonik’s company registration number is 6393340. Arkonik’s registered address is 14 Queen’s Square, Bath, BA1 2NH. Arkonik’s showroom and operational premises address is Lakeside Park, Mells, Somerset, BA113RH.
ARTICLE 2: TERMS OF SALE
2.1: Finalizing an Order
2.1.1: Arkonik require a 25% Deposit Payment (see 2.2.1) to hold a vehicle in a client’s name. Once this payment has been made Arkonik will begin allocating resource in preparation for the restoration and delivery of the vehicle.
2.1.2: The price the client pays for the vehicle is agreed at the time of the Deposit Payment being received. The client will be able to moderately change or amend the order up until the vehicle enters the production line, and (if required) the remaining balance will be altered to accurately reflect the costs of these changes.
2.1.3: If Arkonik discovers a significant error in the price of goods the client has ordered, Arkonik will inform the client as soon as possible and give the client the option of reconfirming the order at the correct price or cancelling with a full refund.
2.1.4: At the time of placing your order you will be given a guide program of works and an estimated month upon which you can expect to take delivery of your order. This does not form a guarantee between Arkonik and the client.
2.2: Deposits & Stage Payment Model
Arkonik operates a stage payment model, comprising of four 25% payments.
2.2.1: Deposit Payment (25%)
Clients make the first down payment of 25% to hold their production slot in the Arkonik build schedule. The estimated final price of the vehicle is agreed at this stage. Any changes to specification at a later date will be divided between outstanding payments. An estimated date of final dispatch will be provided to the client.
2.2.2: Second and Third Payments (25% each)
Clients make their second and third down payments of 25% at staggered intervals during the process. Client’s will be notified at least one month in advance of when each payment is due. The time between payments can vary dependent on Arkonik’s build schedule.
2.2.3: Completion Payment (25%)
Clients make the fourth and final down payment of 25% just prior to their vehicle leaving the Arkonik HQ. If there has been any discrepancy in any previous payments, the client is required to clear the outstanding balance in full prior to shipment. The time between the third payment and the completion payment can vary dependent on Arkonik’s build schedule. Once this payment has cleared, a final estimated date of delivery will be furnished to the client.
The client will only become the legal owner of the vehicle once Arkonik has received full payment.
2.3: Cancellations by the Client
Should a client decide to cancel their order, the following conditions apply:
2.3.1: The initial Deposit Payment of 25% is non-refundable in all circumstances, apart from those in which Arkonik cannot reasonably fulfil the order. This amount is used to fund purchase of the client’s donor vehicle, including costs for sourcing and shipment.
2.3.2: Excluding the initial Deposit Payment, the client is entitled to one of their previous stage payments as a refund upon order cancellation. For example, if a client requested a cancellation prior to paying the completion payment, the client would be refunded their third payment.
2.4: Cancellations by Arkonik
Arkonik reserve the right to cancel a client’s order and refund the client as per 2.3.2 if the following situations occur:
2.4.1: The client fails to settle the balance of any outstanding invoice(s) within 31 days of the invoice(s) being furnished.
2.4.2: The client fails to lock down the specification of their vehicle with the Arkonik team before Production Entry.
2.4.3: The client becomes unresponsive (without given reason or communication from an authorized third party) to any or all email, telephone or mail correspondence.
2.5: Shipping & Import/Export
2.5.1: Arkonik will always act to ensure the client’s order is shipped as quickly and conveniently as possible. However, it is not possible to guarantee a specific window for the departure or arrival of any shipping vessel. Arkonik cannot be held accountable for any inconvenience or delay associated with the external shipping process.
2.5.2: Arkonik will ensure that the vehicle is correctly removed from the UK registry (DVLA).
2.5.3: Arkonik will ensure that the vehicle is transported to port or loading area and safely handed into the custody of the third party shipping/transportation agent. Arkonik has independent shipping insurance, which covers certain risks to the client during the vehicle’s transit.
2.5.4: The client is expected to contact local authorities for further advice on the importation and registration of their vehicle. Where Arkonik strives to remain an expert knowledge on the preparation and import/export of Land Rovers, advice given is not legally binding and is furnished purely as a guide only. This is due to the ever changing dynamic of vehicle import legislation. Arkonik will not therefore be held accountable, or accept the return, cancellation or refund of any vehicle which fails to meet importation regulations due to a change in legislation after deposit.
2.5.5: If the client requests any specific importation actions for Arkonik to undertake on their behalf (regardless of whether or not the actions are included within the Arkonik advertised pricing or information), the client and Arkonik must agree to these actions in writing prior to the order being placed. Arkonik cannot be held accountable if the client fails to identify any such actions.
2.6: Vehicle Registration
2.6.1: The client will be provided with the following documentation from us in order to assist with their local registration and title arrangements:
- V5 UK Certificate of Registration
- Final Invoice of Purchase
- Customs clearance documents (issued by customs broker)
- Original Confirmation of Date of Build (issued by Jaguar Land Rover)
- Arkonik Certificate of Approval
2.6.2: It is the client’s responsibility to arrange issuance of the vehicle’s title.
ARTICLE 3: TERMS OF WARRANTY
3.1: Warranty Overview
Arkonik offers a warranty on all of its products. This warranty is valid for six months, commencing on the date of which the client takes handover of the vehicle. The warranty is valid only when all of the parameters, described in 3.2, have been successfully met. Arkonik reserves the right to reject a warranty claim or invalidate warranty entirely if any of the events as described in 3.3 occur. The warranty provides blanket, bumper-to-bumper cover, except for issues as described in 3.4.
3.2: Warranty Parameters
Arkonik Warranty is only valid when the following parameters have been met prior to a claim being made:
3.2.1: Arkonik Handover
The driver, at the time of the issue’s occurrence, has partaken in an Arkonik Handover, with an authorised Arkonik representative, and both parties have signed to confirm they are satisfied with the delivery/reception of this Handover.
3.2.2: Arkonik Ownership Guide
The client has followed the Arkonik Ownership Guide, as described in the ‘Arkonik Ownership Guide’ addenda.
3.2.3: Issue Reporting
The client has reported the issue to Arkonik, via letter or electronic mail, as quickly as feasibly possible once the issue occurs. The reporting on the issue should be complete, and as detailed and as accurate as reasonably possible.
3.2.4: Arkonik Recommendations
The client has followed all of Arkonik’s past and present recommendations to resolve past and present issues with the vehicle.
3.2.5: Cessation of Usage
The client ceased usage of the vehicle as soon as the issue occurred, where reasonably possible. Dependent on the severity of the issue and the specific circumstances of each issue, Arkonik may waive the need for this parameter to have been met, at its own discretion.
3.3: Warranty Invalidation
Arkonik reserves the right to reject a warranty claim, or completely invalidate a client’s warranty, in the event of the following:
3.3.1: Damage Caused by the Client
Any damage to the vehicle caused by the client will not be covered. This includes all cosmetic and mechanical damage.
3.3.2: Damage Caused by Neglect
Any damage to the vehicle caused by neglect of the vehicle’s operation and safety by the client will not be covered. This includes but is not limited to;
- Failure to maintain the vehicle correctly, including but not limited to failure to service or have the vehicle serviced, failure to maintain correct fluid levels, failure to maintain correct tyre pressures, failure to maintain correct belt tensions.
- Failure to obey state driving laws and regulations, failure to operate the vehicle safely on and off-road, failure to store the vehicle safely when not in use.
3.3.3: Damage Caused by a Third Party
Any damage caused to the vehicle by a third party will not be covered. This includes all cosmetic, electrical and mechanical damage.
3.3.4: Damage Caused by Accident
Any accidental damage caused by the client, or any other party, will not be covered.
3.3.5: Modifications and Alterations
Any modification or alteration to the vehicle not sanctioned by Arkonik will invalidate the warranty. Any fitment of new parts not supplied and fitted by Arkonik will invalidate the warranty. Removal of any parts or components from the vehicle as delivered by Arkonik without Arkonik’s specific instruction will invalidate the warranty.
3.4: Warranty Exceptions
The following items are considered as normal usage occurrences and are not covered:
- Paintwork damage through normal usage, such as stone chips and scratches.
- Refilling of screen wash fluid.
- Punctured tyres and general tyre wear.
- Minor levels of smoke from the exhaust system on start-up and during driving.
- Very minor fluid leaks and drips.
- Very minor rattles from exterior and interior panelling.
- Minor rumbling noises from the transmission, steering and suspension whilst manoeuvring.
- Engine consuming minor amounts of oil.
The following items are considered as consumable service items and are not covered:
- Brake pads, brake discs, brake shoes, brake drums.
- Air conditioning gassing.
- Any and all oils and fluids.
- Any filters.
The following items are also not covered:
- Any damage arising from a foreign material introduced into the fuel, air or cooling system, such as water, sand and general debris.
ARTICLE 4: CONCLUSION
This agreement is the beginning of your relationship with Arkonik. It paves the way for the sourcing, restoration, shipment, delivery and finally your ownership of your vehicle. If you have any questions regarding this agreement, please speak directly to a member of our team. Upon future adventures and endeavours, please do not hesitate to contact us for further advice and support. Your journey starts here.