Terms of service

Terms of Service

 

1. Purpose, Scope, and Acceptance

1.1 Parties

These Terms of Service are entered into between the Customer and KLCA, LLC, a Nevada limited liability company doing business as Kris Wilcox Racing ("KWR," "we," "us," or "our").

The term Customer includes, as applicable, individuals and entities that access or use the Website, request information or quotations, place an Order, purchase or license Products and Services, submit a Vehicle or other property to KWR, authorize work, maintain an Account, or otherwise conduct business with KWR.

1.2 Scope

These Terms establish the general conditions governing the Customer's relationship with KWR, including Website access, Orders, Products and Services, software and digital content, estimates and repair orders, vehicle and component Services, payment and verification activity, Customer communications, Business Records, and other dealings with KWR.

More specific Products and Services may be governed by an applicable Policy, Separate Written Agreement, disclosure, waiver, license, Estimate, repair order, or other transaction document.

1.3 Acceptance

The Customer accepts these Terms by taking an action that reasonably demonstrates agreement, including accessing or using the Website, creating or using an Account, submitting an Order, approving an Estimate or Quotation, signing or electronically accepting an agreement or authorization, submitting property for Services, paying KWR, or otherwise requesting or accepting Products and Services.

1.4 Authority and Capacity

A person accepting these Terms for another person or entity represents that the person is authorized to act on that party's behalf. The Customer represents that the Customer has the legal capacity and authority required to enter the applicable transaction.

1.5 Professional Advice

Practical or technical information provided by KWR does not constitute legal, tax, regulatory, insurance, or financial advice.

1.6 Controlling Language

These Terms are prepared in English. Where KWR provides a translation, the translation is for convenience unless KWR expressly agrees otherwise in writing. To the extent permitted by Applicable Law, the English version controls if a material inconsistency exists.

2. Definitions and Interpretation

2.1 Incorporated Definitions

The KWR Definitions & Interpretation document is incorporated into these Terms. Capitalized terms have the meanings assigned in that document unless a more specific definition applies under these Terms, an applicable Policy, or a Separate Written Agreement.

2.2 Interpretation

These Terms and incorporated documents shall be interpreted together. Headings are provided for convenience and do not independently expand or restrict a provision. Singular terms include the plural where appropriate, and "including" means including without limitation unless the context requires otherwise.

2.3 Time Periods

Unless expressly stated as Business Days, time periods stated in days are calculated using calendar days. A time period beginning upon an event starts on the following day unless the applicable document states otherwise.

2.4 Document Priority

A Separate Written Agreement specifically governing the transaction.

A specialized KWR Policy governing the subject.

These Terms of Service.

The KWR Definitions & Interpretation document.

General Website content or informational materials.

A more specific provision controls only to the extent of the subject and conflict it specifically addresses.

2.5 Informational Content

Website descriptions, Knowledge Center materials, FAQs, Progress Records, preliminary findings, general explanations, and customer-service communications do not modify the applicable agreement, expand the authorized scope, create a warranty, or override a controlling written provision unless KWR expressly confirms the modification through Written Authorization.

3. Orders, Estimates, Quotations, and Authorization

3.1 Estimates and Quotations

An Estimate is KWR's good-faith professional opinion of anticipated labor, Products, Services, materials, scheduling, and project costs based on information reasonably available when prepared. A Quotation is a written commercial offer to provide specifically identified Products or Services at stated pricing and conditions.

3.2 Validity Period

Unless otherwise expressly stated in writing, Estimates and Quotations are valid for fifteen (15) calendar days from the date of issue. Each revised Estimate or Quotation carries its own issue date and fifteen-day validity period unless KWR states otherwise in writing.

KWR may revise pricing or availability before expiration if materially affected by manufacturer or supplier price changes, product discontinuation or allocation, tariffs or duties, freight increases, licensing changes, currency fluctuations, or other circumstances beyond KWR's reasonable control.

3.3 Customer Approval of Revisions

If an Estimate or Quotation must be revised, KWR will provide the revised pricing or scope for review. The Customer may approve or reject the revision before KWR proceeds with the affected Products or Services. Except for authorized incidental work under Section 3.6, the Customer is not obligated to accept revised pricing or scope changes.

3.4 Order Acceptance

Submission of an Order, request for Services, Estimate approval, or payment does not by itself obligate KWR to accept the transaction. Acceptance occurs when KWR confirms the Order, accepts the project, begins work, procures transaction-specific Products, issues an invoice, delivers Products, or otherwise communicates acceptance.

3.5 Scope Changes

The Customer may request changes to a project before completion. Scope changes may require revisions to pricing, scheduling, engineering recommendations, parts selection, labor, delivery dates, or other project requirements and require Written Authorization before affected work proceeds.

3.6 Incidental Authorization

The Customer authorizes KWR to perform minor additional work reasonably necessary to complete the originally authorized repair or installation without separate approval when the work remains within the original scope and the aggregate additional charge does not exceed twenty percent (20%) of the originally authorized amount or one hundred dollars ($100), whichever is less, except where a more specific applicable Separate Written Agreement establishes a different authorization rule.

This authority does not permit unrelated repairs, upgrades, modifications, diagnostics, or other work outside the authorized scope.

3.7 Special Orders

Products ordered, manufactured, programmed, configured, licensed, or otherwise obtained specifically for a Customer may not be cancellable or returnable after KWR commits to procurement, manufacture, licensing, programming, or production, except as required by Applicable Law or expressly agreed in writing.

3.8 Completion

A project is substantially complete when KWR has completed the authorized Products and Services or notified the Customer that the Vehicle, Product, or project is ready for delivery, pickup, shipment, or other agreed disposition.

4. Pricing, Payment, and Financial Terms

4.1 Pricing

Unless otherwise stated in writing, pricing is stated in United States Dollars. Transaction documents may identify labor, Products, Services, licensing, programming, diagnostics, engineering, freight, taxes, outside services, or other applicable charges.

4.2 Payment Due and Release

Payment is due as stated in the applicable invoice, Estimate, proposal, subscription agreement, or other transaction document. Completion of work and release of Vehicles, Products, Deliverables, software, credentials, or other property are separate events. Unless otherwise agreed in writing, KWR may require payment of all amounts due before release or final delivery, to the extent permitted by Applicable Law.

4.3 Deposits and Customer-Owned Procured Products

Payment in advance is required for Products, parts, materials, supplies, software licenses, and other items purchased or committed specifically for a Customer's project before those items are ordered or work dependent on them begins.

Identifiable Physical Products purchased specifically for the Customer and fully paid for with the Customer's funds become the Customer's property after procurement. If the project changes, is postponed, or ends before use, those Products remain Customer property and will be made available after satisfaction of outstanding obligations.

This ownership rule does not transfer software licenses, subscriptions, Digital Content, KWR Intellectual Property, supplier-owned property, Core Components, exchange items, or other non-transferable rights.

KWR is not required to repurchase or accept the return of transaction-specific Products. Pickup or shipment of unused Products is at the Customer's expense unless otherwise agreed.

4.4 Taxes and Government Charges

The Customer is responsible for applicable taxes, duties, governmental fees, and similar charges unless KWR states otherwise or Applicable Law requires otherwise.

4.5 Returned or Failed Payments

Returned checks, rejected payments, charge reversals, failed ACH transactions, or other unsuccessful payment attempts may delay procurement, completion, shipment, licensing, or release until payment is resolved.

4.6 Chargebacks and Payment Disputes

Fraudulent, abusive, or materially inaccurate chargebacks or payment disputes may result in suspension of Services, cancellation of Accounts, recovery efforts, preservation and submission of relevant Business Records, or other lawful remedies. Legitimate disputes remain subject to the applicable dispute-resolution process and Applicable Law.

4.7 Partial Payments

Acceptance of a partial payment does not waive KWR's right to recover the remaining balance or modify the parties' agreement unless expressly agreed in writing.

4.8 Pricing Errors

KWR may correct obvious typographical, supplier-data, software, clerical, or administrative pricing errors before accepting or completing a transaction.

4.9 Shop Consumables and Transaction-Specific Charges

Routine shop consumables ordinarily required to perform authorized Services are generally included in service pricing. Project-specific materials, outside services, freight, taxes, authorized incidental items, disclosed Processing Fees, and other transaction-specific costs may be separately charged or itemized as applicable.

4.10 Refunds and Cancellations

Refund eligibility, cancellations, restocking, special-order Products, Digital Products, Software, licensing, and similar matters are governed by the applicable Returns & Refunds Policy.

5. Products, Parts, Inventory, and Availability

5.1 Availability

Inventory, allocations, supplier stock, production schedules, and distribution availability may change without notice. Display of a Product on the Website or inclusion in an Estimate or Quotation does not guarantee availability.

5.2 Product Information

Descriptions, specifications, photographs, compatibility data, performance claims, dimensions, colors, weights, and other technical information are provided from sources reasonably believed accurate. Manufacturers may revise Products without notice, and KWR is not responsible for manufacturer specification changes or publication errors beyond KWR's reasonable control.

5.3 Compatibility

Compatibility depends on the specific Vehicle configuration, existing modifications, intended use, software version, supporting components, and other engineering factors. The Customer is responsible for providing complete information relevant to compatibility.

5.4 Substitutions and Supersessions

KWR will not substitute a materially different Product without Customer authorization. Manufacturer supersessions, revised part numbers, updated revisions, or equivalent replacements supplied by the original manufacturer are not substitutions requiring separate authorization unless they materially affect the project.

5.5 Inspection on Receipt

Customers should inspect Products promptly upon receipt and report shipping damage, shortages, or apparent discrepancies in accordance with the applicable Shipping Policy.

5.6 Installed or Used Products

Once a Product has been installed, modified, programmed, calibrated, used, or placed into service, its condition and suitability may no longer be capable of evaluation solely by visual inspection. Returns, warranty claims, and support will be evaluated under the applicable Policies.

5.7 Third-Party Products

Unless expressly stated otherwise, Products supplied by KWR are manufactured by independent third parties. KWR does not manufacture most Products it sells and does not assume a manufacturer's obligations unless expressly agreed in writing.

5.8 Product Revisions

KWR is not obligated to retrofit, replace, or upgrade previously supplied Products solely because a newer revision later becomes available.

5.9 Engineering Recommendations

KWR recommendations are based on the Customer's stated objectives, intended use, applicable Project requirements, and information reasonably available at the time.

6. Customer Responsibilities

6.1 Accurate Information

The Customer is responsible for providing complete and accurate information regarding the Vehicle, Products, project objectives, operating conditions, prior repairs, modifications, known issues, and other information reasonably necessary for KWR to provide appropriate recommendations and Services.

6.2 Continuing Accuracy of Customer Information

Information supplied to KWR must be materially accurate when provided. When a Customer requests additional or continuing Services, the Customer must disclose material changes to previously supplied information when those changes may reasonably affect the requested Services, applicable Engineering Baseline, diagnosis, warranty evaluation, calibration, configuration, or technical recommendation.

6.3 Disclosure of Modifications

The Customer must disclose aftermarket equipment, previous tuning, custom wiring, software changes, component substitutions, competition history, or other alterations that may affect diagnosis, compatibility, calibration, or the Engineering Baseline.

6.4 Timely Review and Authorization

The Customer is responsible for timely review of Estimates, Quotations, project updates, and authorization requests. Delays may affect scheduling, pricing, procurement, or completion.

6.5 Vehicle Condition

The Customer is responsible for presenting a Vehicle reasonably safe and suitable for the requested Services. KWR may decline or pause work when conditions prevent safe or technically appropriate performance.

6.6 Personal Property

Customers must remove personal belongings and valuables before delivery. KWR may access and move items in any area reasonably necessary to perform authorized Services and is not a custodian of personal contents except to the extent required by Applicable Law.

6.7 Vehicle Access

Authorized Services may require access throughout the Vehicle, including areas not directly associated with the reported concern. The Customer authorizes KWR to access, inspect, remove, disassemble, or enter areas reasonably necessary for diagnosis, repair, fabrication, calibration, integration, testing, quality control, and verification.

6.8 Operation and Maintenance

After delivery, the Customer is responsible for operating, maintaining, inspecting, and using the Vehicle in a manner appropriate for its configuration and intended use.

6.9 Modified and Competition Vehicles

Modified, specialty, and competition Vehicles generally require greater owner involvement than unmodified production Vehicles. The Customer is responsible for appropriate maintenance, inspections, adjustments, and operating practices.

6.10 Prompt Reporting and Mitigation

The Customer must promptly report reasonably observable conditions that may indicate a defect, malfunction, or other potentially harmful condition and take reasonable steps to avoid preventable additional damage.

6.11 Subsequent Material Modifications

The Customer must disclose Subsequent Material Modifications when requesting continued technical support, warranty evaluation, calibration support, diagnosis, or other Services for which the modification may affect the applicable Engineering Baseline.

6.12 Delivery and Acceptance

Delivery, pickup, or acceptance of the Vehicle, Products, or Services acknowledges substantial completion of the authorized scope but does not waive rights applicable to conditions not reasonably observable at delivery under the applicable Warranty & Workmanship Policy.

7. KWR Responsibilities

7.1 Professional Standard

KWR will perform authorized Products and Services in a professional manner consistent with the nature and scope of the work, information reasonably available, and accepted engineering and industry practices applicable to the project.

7.2 Communication

KWR will make reasonable efforts to communicate material project developments, authorization requests, scheduling changes, engineering recommendations, and other information reasonably necessary for informed decisions.

7.3 Recommendations

KWR recommendations are based on professional judgment, the Customer's stated objectives, and the Engineering Baseline. Recommendations may change as additional information becomes available or the Engineering Baseline changes.

7.4 Documentation

KWR may document work through photographs, inspection records, diagnostic information, calibration files, notes, measurements, and other Business Records for quality assurance, customer communication, warranty support, and evidence preservation.

7.5 Quality Control

KWR applies quality-control and verification procedures appropriate to the nature and scope of the Products and Services provided before identifying KWR-performed work as complete.

7.6 Opportunity to Correct

Where a Verified Workmanship Issue is identified, KWR will be provided a reasonable opportunity to inspect and determine an appropriate resolution before corrective work is performed by another party, except where immediate action is reasonably necessary to protect persons or property.

7.7 Engineering Integrity

KWR will recommend Products and Services it reasonably believes are appropriate for the Customer's objectives and will not knowingly recommend unnecessary Products or Services.

7.8 Technical Independence

KWR is not required to perform or recommend a Product, procedure, or solution solely because it is requested if KWR reasonably believes it is technically inappropriate, incompatible, unsafe, unreliable, or inconsistent with sound engineering practice.

7.9 No Guaranteed Outcome

Engineering, diagnostics, calibration, fabrication, and performance work involve variables that cannot always be fully controlled or predicted. KWR does not guarantee a particular performance result, diagnostic outcome, or Customer objective unless expressly stated in a Separate Written Agreement.

8. Diagnostics, Engineering Baseline, and Technical Decisions

8.1 Engineering-Based Services

KWR provides engineering, diagnostic, calibration, integration, fabrication, programming, and technical Services based on information reasonably available when the work is performed.

8.2 Engineering Baseline

Every recommendation, calibration, diagnosis, repair strategy, and technical conclusion is based on the Engineering Baseline existing at the time the work is performed. The Engineering Baseline includes the Vehicle, Products, software, calibration, hardware, operating condition, intended use, customer objectives, supporting systems, environmental assumptions, diagnostic information, and other relevant conditions.

8.3 Changes to the Engineering Baseline

Material Modifications, repairs, software changes, calibration revisions, component substitutions, accident damage, misuse, neglect, environmental exposure, or third-party work may alter the Engineering Baseline. Previous recommendations and conclusions may no longer remain applicable without further evaluation.

8.4 Diagnostic Process

Automotive diagnosis is an investigative process. Intermittent conditions, hidden damage, previous repairs, software conditions, or component interactions may not become apparent until additional testing, disassembly, operation, or engineering evaluation is completed. Initial findings may change as additional information becomes available.

8.5 Technical Judgment and Re-Evaluation

KWR exercises independent technical judgment and may recommend additional inspection, testing, diagnosis, engineering evaluation, or revisions when project conditions materially change.

8.6 Engineering Decisions Based on Available Information

Engineering decisions are made using the best information reasonably available at the time. As additional information becomes available through inspection, testing, disassembly, Customer communication, diagnostic results, or component evaluation, KWR may revise recommendations, diagnostic conclusions, repair strategy, or engineering approach. Such revisions are a normal part of the engineering process and do not, by themselves, indicate that an earlier recommendation was improperly made.

8.7 Continued Technical Support

Continued support may require additional inspection, diagnosis, engineering evaluation, calibration, or other billable Services depending on the request and any change to the Engineering Baseline.

9. Performance Vehicles, Modified Vehicles, and Competition Use

9.1 Inherent Characteristics

Performance modifications, custom electronics, aftermarket calibrations, fabrication, and specialty work may alter operating characteristics, maintenance requirements, service intervals, drivability, emissions characteristics, fuel requirements, durability, component life, noise, vibration, or reliability expectations. These changes may be intentional and normal for performance-oriented Vehicles.

9.2 Owner Responsibility

The Customer is responsible for understanding the operating, inspection, maintenance, and service requirements appropriate for the Vehicle's current configuration and intended use.

9.3 Performance Variables

KWR does not guarantee specific horsepower, torque, acceleration, lap times, fuel economy, emissions results, or other measurable outcomes unless expressly stated in a Separate Written Agreement. Results depend on Vehicle condition, supporting modifications, fuel quality, environmental conditions, testing methodology, calibration strategy, maintenance, and manufacturing variation.

9.4 Motorsports

Motorsports subjects Vehicles and components to elevated mechanical, thermal, environmental, and operational demands. Wear, adjustments, repairs, revisions, and failures are inherent risks and may occur despite proper engineering, preparation, maintenance, and operation.

9.5 Continued Development

Performance engineering is an ongoing process. As objectives, technology, and Vehicles change, additional maintenance, evaluation, supporting modifications, calibration updates, or engineering revisions may be appropriate.

10. Warranty and Workmanship Commitment

10.1 Warranty and Workmanship Framework

KWR addresses Approved Warranty Claims and Verified Workmanship Issues in accordance with this Section and the applicable Warranty & Workmanship Policy.

10.2 Manufacturer Warranties

Products manufactured by third parties may be subject to Manufacturer Warranties. Such warranties are provided by the applicable third party and are not KWR warranties unless KWR expressly agrees otherwise in writing. KWR may assist with a Manufacturer Warranty claim but does not control the manufacturer's eligibility determination, remedy, timing, or other requirements. Associated diagnosis, removal, installation, shipping, programming, calibration, configuration, testing, or other Services are not included unless expressly covered by the applicable warranty, agreed by KWR, or required by Applicable Law.

10.3 Manufacturer Claim Assistance

KWR may assist with Manufacturer Warranty claims through documentation, technical information, inspection findings, or other reasonable support. This assistance is a customer service and does not create an independent KWR product warranty.

10.4 Thirty-Day Workmanship Commitment

KWR provides a thirty (30) day Workmanship Commitment covering Verified Workmanship Issues directly resulting from Services performed by KWR. A Customer-reported concern does not, by itself, establish a Verified Workmanship Issue. KWR will evaluate the condition using reasonable inspection, diagnostic procedures, testing, and engineering judgment.

10.5 Opportunity to Inspect and Correct

Before warranty-related work is performed by another party, the Customer must provide KWR a reasonable opportunity to inspect and evaluate the reported condition. Customers should avoid unnecessary operation, disassembly, modification, or repair before inspection, except where immediate action is necessary to protect persons or prevent substantial additional damage.

10.6 Work Performed by Others

Work performed by another person or entity does not automatically terminate the Workmanship Commitment. It may affect eligibility where it changes the Engineering Baseline, alters the subject work, prevents reasonable determination of causation, or denies KWR a reasonable opportunity to inspect and correct the condition.

10.7 Warranty Remedies

When KWR approves a Warranty Claim or determines that a Verified Workmanship Issue exists, KWR may, at its election, provide repair, replacement, re-performance, account credit, refund, or another remedy expressly agreed in writing, as appropriate to the affected Product or Service. A warranty remedy does not necessarily include every associated cost, including diagnosis, removal, installation, shipping, programming, calibration, configuration, testing, travel, or other expense, unless such cost is expressly included in the Approved Warranty Claim or required by Applicable Law.

10.8 Manufacturer Replacement Parts

A manufacturer's replacement of a Product does not necessarily include labor required to diagnose, remove, reinstall, calibrate, program, configure, or test that Product. Labor associated with Manufacturer Warranty claims is evaluated separately.

10.9 Customer-Supplied Parts

KWR does not provide product warranty coverage, compatibility assurance, manufacturer support, or responsibility for the condition, authenticity, design, quality, suitability, or reliability of Customer-Supplied Parts. The Workmanship Commitment, where otherwise applicable, remains limited to KWR's own installation work. Additional labor or expense caused by a defective, incompatible, incomplete, incorrect, or unsuitable Customer-Supplied Part remains the Customer's responsibility.

10.10 Conditions Affecting Coverage

Coverage may be affected by Material Modifications, third-party work, racing incidents, improper maintenance, failure to follow appropriate operating procedures, misuse, abuse, neglect, unrelated component failures, environmental conditions, Customer-Supplied Parts, continued operation after a reasonably observable concern, or other causes outside KWR's reasonable control.

10.11 Maximum Warranty Remedy

To the fullest extent permitted by Applicable Law, KWR's obligation with respect to an Approved Warranty Claim, including a Verified Workmanship Issue, will be limited, at KWR's election, to repair, replacement, re-performance, account credit, or refund, as appropriate to the affected Product or Service. The maximum value of any warranty remedy will not exceed the amount actually paid to KWR by the Customer for the specific Product or Service giving rise to the Warranty Claim. This limitation applies to warranty remedies and does not limit any right or remedy that Applicable Law does not permit the parties to waive or limit.

10.12 Goodwill

KWR may provide additional assistance or Goodwill Accommodations beyond contractual obligations. Such accommodations remain discretionary and do not admit fault, expand the Workmanship Commitment, modify these Terms, or establish precedent.

11. Allocation of Responsibility

11.1 Responsibility Allocation

Responsibility generally follows control. KWR is responsible for Products and Services it expressly agrees to provide and directly performs. The Customer remains responsible for matters within the Customer's ownership, control, operation, maintenance, decisions, information, or authority, subject to Applicable Law and the specific governing documents.

11.2 KWR Work

KWR accepts responsibility for the quality of its own workmanship and for performing authorized Products and Services in accordance with these Terms and the applicable Workmanship Commitment.

11.3 Customer-Controlled Matters

KWR is not responsible for conditions resulting from Customer operation, maintenance, Material Modifications, third-party work, Customer-Supplied Parts, environmental conditions, racing incidents, accidents, misuse, abuse, neglect, or other matters outside KWR's reasonable control.

11.4 Third-Party Products and Services

KWR does not assume responsibility for independent acts, omissions, warranties, Products, Software, Services, licensing decisions, or business practices of manufacturers, suppliers, distributors, carriers, payment processors, software providers, or other third parties unless expressly agreed in writing.

11.5 No Assumption of Unrelated Responsibility

Performance of one Product or Service does not constitute inspection, certification, diagnosis, approval, or acceptance of unrelated Vehicle systems unless expressly identified in writing.

11.6 Technical Recommendations

KWR provides recommendations based on professional engineering judgment, experience, and the Engineering Baseline. The Customer retains the decision whether to authorize, postpone, modify, or decline those recommendations, together with the responsibilities associated with those decisions.

12. Third-Party Claims, Cooperation, and Defense

12.1 Customer-Controlled Conduct

If a third-party claim arises directly from the Customer's conduct, representations, instructions, Material Modifications, misuse, unlawful activity, unauthorized distribution, or other matters outside KWR's reasonable control, the Customer remains responsible for the consequences of that conduct.

12.2 Third-Party Work

KWR is not responsible for claims arising from work performed by persons or entities other than KWR after completion of KWR's Products or Services, except to the extent a claim independently arises from KWR-controlled conduct.

12.3 Opportunity to Participate

Before resolving a third-party claim involving KWR's Products or Services, the Customer should provide KWR a reasonable opportunity to review the claim, inspect relevant property, and participate in discussions where appropriate.

12.4 Indemnification

To the extent permitted by Applicable Law, the Customer agrees to defend, indemnify, and hold harmless KWR from third-party claims, liabilities, damages, and expenses to the extent they arise directly from the Customer's unlawful conduct, fraudulent representations, unauthorized use or distribution of Intellectual Property, material breach of these Terms, Customer-controlled third-party modifications, Customer-Supplied defective Products, or other matters for which the Customer is legally responsible.

12.5 KWR Responsibility Preserved

The Customer is not required to indemnify KWR for claims arising directly from KWR's own Verified Workmanship Issues, obligations expressly assumed by KWR, or responsibilities that Applicable Law does not permit KWR to transfer.

12.6 Duty to Preserve Evidence

The Customer must preserve evidence reasonably related to a claim involving KWR, including Removed Components, diagnostic information, calibration files, photographs, communications, invoices, shipping materials, and other relevant records.

12.7 No Admission of Liability

KWR's investigation, technical discussion, inspection, evidence review, Goodwill Accommodation, or effort to resolve a matter does not, by itself, constitute an admission of fault, liability, or responsibility.

13. Risk Acknowledgment and Inherent Limitations

13.1 Engineering Reality

Automotive service, diagnostics, calibration, fabrication, electronics integration, and performance engineering involve interacting mechanical, electrical, electronic, hydraulic, pneumatic, and software systems that cannot always be fully predicted or controlled. KWR applies professional judgment and quality-control practices, but no engineering process can eliminate every variable.

13.2 Existing and Hidden Conditions

Age, mileage, wear, prior repairs, undocumented modifications, hidden damage, unknown operating history, and latent conditions may influence diagnosis, compatibility, reliability, and outcomes. Some conditions cannot reasonably be identified until testing, disassembly, measurement, programming, or engineering evaluation progresses.

13.3 Performance Engineering

Performance-oriented Products and Services may increase demands on other systems. Improvements in one area may reveal limitations in another or require supporting modifications, maintenance, calibration revisions, or additional engineering.

13.4 Diagnostic Limitations

Some conditions are intermittent, environmental, software-related, or dependent on operating conditions that cannot reasonably be duplicated during every inspection. Diagnostic conclusions represent KWR's professional assessment based on information reasonably available at the time.

13.5 No Whole-Vehicle Certification

Performance of a Product or Service does not certify that the entire Vehicle is free from defects, wear, deterioration, latent failures, or future mechanical issues unless expressly stated in writing.

13.6 Communication

When project conditions change, KWR will make reasonable efforts to explain the engineering basis for revised recommendations, additional work, or changes in scope. Nothing in this Section limits obligations expressly assumed by KWR or expands responsibilities beyond those undertaken.

14. Events Beyond Reasonable Control

14.1 Events Beyond KWR's Reasonable Control

Events beyond KWR's reasonable control may delay or prevent performance of Products or Services.

14.2 Examples

Manufacturer, supplier, distributor, or licensing-provider delays.

Inventory shortages, allocations, backorders, or discontinued Products.

Shipping-carrier delay, loss, interruption, or damage.

Utility, communications, internet, software, server, or payment-system outages.

Fire, flood, severe weather, natural disaster, theft, vandalism, or property damage.

Labor interruption, public-health emergencies, government action, regulatory change, civil disturbance, war, terrorism, or similar events.

Failure of third-party systems or services on which KWR reasonably relies.

14.3 Communication, Adjustment, and Customer Options

KWR will make reasonable efforts to communicate material effects and practical alternatives. KWR may adjust procurement, scheduling, delivery estimates, appointments, project sequencing, or other reasonable aspects of performance. Material changes to Customer pricing or scope remain subject to Section 3. The Customer may approve or reject resulting revisions before affected work proceeds.

14.4 Resumption

KWR will resume affected performance as soon as reasonably practicable after circumstances permit.

15. Questions, Concerns, and Dispute-Resolution Process

15.1 Direct Communication

Customers should raise questions or concerns promptly and provide information sufficient to identify the Customer, transaction, Vehicle or Product, reported concern, relevant dates, supporting records, and requested resolution.

15.2 Initial Evaluation

KWR may request photographs, video, diagnostic information, data logs, service history, invoices, shipping materials, access to the Vehicle or Product, or other information reasonably necessary for evaluation. A Customer report does not, by itself, establish fault, liability, warranty eligibility, or a Verified Workmanship Issue.

15.3 Opportunity to Inspect and Preserve Evidence

Before another party materially alters, disassembles, repairs, modifies, programs, calibrates, replaces, or disposes of the subject of a dispute, the Customer must provide KWR a reasonable opportunity to inspect and evaluate it, except where emergency action is necessary to protect persons or prevent substantial additional damage. Relevant evidence must be preserved.

15.4 Good-Faith Resolution

The parties should make reasonable efforts to exchange information, evaluate the matter, and discuss practical solutions before formal proceedings whenever circumstances permit. KWR's participation does not constitute an admission of fault or liability.

15.5 Formal Proceedings

If a dispute is not resolved through the process described above, either party may pursue available rights and remedies in an appropriate court or other forum having jurisdiction over the matter, subject to Section 16 and Applicable Law. Before initiating formal proceedings, the party asserting a claim should provide reasonable written notice describing the dispute and requested resolution and allow the other party a reasonable opportunity to respond, except where immediate action is reasonably necessary to preserve a claim, protect persons or property, preserve evidence, prevent irreparable harm, secure property, pursue collection or possessory rights, or obtain provisional or injunctive relief. The parties may agree in writing to mediation, arbitration, or another alternative dispute-resolution procedure when appropriate to a particular dispute. No such procedure is mandatory unless the parties have expressly agreed to it in an applicable Separate Written Agreement or subsequent written agreement. Nothing in these Terms waives or limits any right or remedy that Applicable Law does not permit the parties to waive or limit.

16. Governing Law, Venue, and Jurisdiction

16.1 Governing Law

KWR is based in Las Vegas, Nevada. To the fullest extent permitted by Applicable Law, these Terms, applicable KWR Policies, and the contractual relationship between KWR and the Customer are intended to be governed by Nevada law, except where another law applies and cannot lawfully be waived or displaced.

16.2 Venue and Formal Forum

Where legally enforceable, KWR prefers disputes arising from the contractual relationship to be handled through appropriate state or federal courts located in Clark County, Nevada, and prefers to use qualified Nevada legal resources. This preference promotes consistent legal administration but does not override jurisdiction, venue, or mandatory law that properly applies elsewhere.

16.3 Nonwaivable Rights

KWR conducts interstate business and may provide, receive, or contract for work involving Customers, Vehicles, property, contractors, events, or Services outside Nevada. Material questions of governing law, jurisdiction, venue, local requirements, or enforcement will be referred to qualified legal counsel, who may determine the appropriate forum and involve local counsel where needed.

16.4 Nonwaivable Rights and Other Jurisdictions

Nothing in these Terms waives a right, obligation, protection, remedy, or jurisdictional requirement that Applicable Law does not permit the parties to waive or modify. KWR may seek protective, injunctive, lien-related, collection, property-related, or other lawful relief in any competent jurisdiction when reasonably appropriate.

17. Electronic Communications, Authorizations, and Business Records

17.1 Communications and Contact Information

KWR may communicate through email, telephone, text message, Customer Portal, shop-management or invoicing platforms, electronic Estimates and invoices, digital forms, electronic-signature systems, payment platforms, or other reasonable methods. The Customer is responsible for accurate and current contact information.

17.2 Electronic Authorization

Customer approval may be documented through handwritten signature, electronic signature, Customer Portal approval, email, text message, recorded platform approval, payment, Account activity, or another method reasonably demonstrating authorization.

17.3 Customer Portal and Progress Records

KWR may use a Customer Portal to exchange Estimates, authorizations, invoices, photographs, Progress Records, inspection findings, communications, and project updates. Progress Records and preliminary findings do not constitute final conclusions, expand scope, modify pricing, create a warranty, guarantee dates, or replace a Separate Written Agreement unless expressly identified otherwise.

17.4 Business Records

KWR may create and retain Orders, Estimates, repair orders, invoices, payment records, communications, authorizations, photographs, videos, diagnostics, module records, calibration files, shipping records, warranty records, verification records, Customer Portal activity, and other Business Records related to legitimate business purposes.

17.5 Privacy and Reliability

Personal-information practices remain subject to the Privacy Policy. Contemporaneously maintained Business Records may be used to establish communications, approvals, Vehicle or Product condition, work performed, delivery, payment, Account activity, and other transaction details, subject to Applicable Law and reliable contrary evidence.

18. Severability and Lawful Interpretation

19. No Waiver and Voluntary Accommodations

19.1 No Implied Waiver

KWR's decision not to enforce a right or provision on one occasion does not prevent later enforcement. A waiver must be expressly documented in writing and applies only to the specific matter addressed.

19.2 Goodwill Accommodations

KWR may provide additional technical assistance, courtesy inspections, discounted labor, complimentary or reduced-cost Services, Manufacturer Warranty assistance, scheduling accommodations, troubleshooting support, or other Goodwill Accommodations. Such assistance does not admit fault, establish a Verified Workmanship Issue, expand the Workmanship Commitment, create precedent, change future pricing, or modify these Terms unless expressly stated in writing.

19.3 Partial Payment and Continued Performance

Acceptance of partial payment, continued communication, limited performance, or efforts to resolve a concern do not waive an unpaid balance, contractual protection, collection right, lien or retention right where lawfully available, or another applicable remedy.

20. Assignment and Transfer

20.1 Customer Transfer

The Customer may not assign or transfer transaction-specific rights, obligations, licenses, dealer privileges, credits, Workmanship Commitment eligibility, or Account benefits where transfer would materially affect KWR's obligations, transaction risk, licensing restrictions, payment rights, verification requirements, or ability to perform. KWR may approve a transfer in writing.

20.2 KWR Transfer

KWR may assign or transfer rights or obligations in connection with reorganization, financing, merger, acquisition, sale of assets, successor operations, service-provider relationships, or another legitimate business purpose, subject to Applicable Law and nonwaivable Customer rights.

20.3 Licensed Products

Software, Digital Content, subscriptions, dealer access, electronically delivered materials, and license-based Products remain subject to applicable license terms and transfer restrictions.

21. Entire Agreement, Incorporated Documents, and Priority

21.1 Applicable Agreement

The agreement governing a transaction may include these Terms, the Definitions & Interpretation document, applicable Policies, Orders, Estimates and Quotations, repair orders, Written Authorizations, proposals, invoices, request forms, disclosures, waivers, license agreements, dealer agreements, motorsports agreements, and other Separate Written Agreements accepted by the parties.

21.2 Third-Party Terms

Products and Services supplied, licensed, processed, financed, delivered, supported, or warranted by third parties may be subject to separate terms. KWR does not grant rights greater than those it possesses and does not assume third-party obligations unless expressly agreed in writing.

22. Changes to Terms and Policies

22.1 Revisions

KWR may revise these Terms and related Policies as Products and Services, technology, operations, supplier relationships, licensing requirements, legal obligations, risks, or business practices change.

22.2 Applicable Version

The version applicable to a completed transaction will generally be the version accepted when the transaction was entered unless the parties agree otherwise, a later version applies to a continuing relationship or future transaction, a change is required by Applicable Law, or another valid contractual basis applies.

22.3 Notice

KWR may communicate material revisions through the Website, Customer Portal, email, Account notices, checkout, transaction documents, or another reasonable method.

22.4 No Unsupported Retroactive Charges

A revision will not, by itself, retroactively create a new payment obligation or materially expand a completed transaction without an applicable legal or contractual basis.

23. Contact Information and Legal Notices

23.1 Customer-Service Communications

Customers should provide information sufficient to identify the Customer or Account, transaction, Vehicle, Product or Service, Estimate, Order or invoice, and reported concern.

23.2 Formal Legal Notices

Ordinary customer-service contact information does not, by itself, designate an address, electronic address, person, or method for service of process, subpoenas, statutory notices, formal demand letters, or other communications for which Applicable Law requires a particular form or method of delivery. Formal legal notices must be delivered in the manner required by Applicable Law, an applicable court rule or order, or a Separate Written Agreement governing the matter. KWR may designate or update an address, registered agent, representative, electronic method, or other procedure for particular legal notices when appropriate. Any such designation applies only to the purpose for which it is provided and does not expand or modify legally required methods of service or delivery. Nothing in this Section prevents either party from using ordinary communications in addition to any legally required notice or service.

24. Intellectual Property and Licensed Products

24.1 Ownership

Each party retains ownership of its respective Intellectual Property. Nothing in these Terms transfers ownership of KWR Intellectual Property, Third-Party Intellectual Property, Software licenses, proprietary engineering methods, calibration strategies, documentation, trademarks, copyrights, trade secrets, or other protected rights except as expressly provided.

24.2 Customer Property

The Customer retains ownership of the Vehicle and Customer-owned Physical Products except where ownership is otherwise transferred by law or written agreement. Ownership of a Vehicle or Product does not transfer ownership of associated Software, firmware, calibration files, engineering documentation, proprietary methods, or licensed Intellectual Property.

24.3 KWR Intellectual Property

Unless otherwise agreed in writing, KWR retains ownership of Intellectual Property created or owned by KWR in connection with its Products, Services, engineering, documentation, Software, content, and business operations.

24.4 Third-Party Intellectual Property

Software, documentation, calibration tools, licenses, trademarks, copyrighted materials, and other Intellectual Property owned by third parties remain subject to their applicable license terms and ownership rights.

24.5 Permitted Use

Customers may use Products and Services for their intended purpose. Nothing in these Terms prohibits lawful maintenance, inspection, diagnosis, interoperability, repair, analysis, or other activity permitted by Applicable Law.

24.6 Prohibited Use

Without prior Written Authorization from KWR or the applicable rights holder, Customers shall not knowingly reproduce, redistribute, commercially exploit, sublicense, misrepresent authorship, remove ownership notices, independently sell proprietary KWR materials, or otherwise use protected Intellectual Property beyond granted rights.

24.7 Calibration Files and Licensed Materials

Calibration files, engineering revisions, Software modifications, and related technical materials may be subject to licensing restrictions, dealer agreements, or third-party obligations. Availability, transferability, modification rights, redistribution rights, and continuing support depend on the applicable Product, license, and supplier requirements.

24.8 Customer Content

The Customer permits KWR to use Customer-provided information, photographs, technical data, calibration files, diagnostic information, and related materials solely for providing Products and Services, warranty administration, quality assurance, technical support, fraud prevention, and other legitimate business purposes.

24.9 Survival

Intellectual Property rights, confidentiality obligations, Software licensing restrictions, ownership provisions, and applicable usage limitations survive completion of the transaction to the extent permitted by Applicable Law.

25. Website, Customer Portal, and Account Use

25.1 Intended Use and Accounts

KWR systems are provided for legitimate transactions, technical support, communication, education, account management, and access to authorized Products and Services. Customers are responsible for accurate Account information and protection of credentials and should promptly report suspected unauthorized access.

25.2 Prohibited Conduct

Access or attempt to access another person's Account.

Provide false identity, ownership, payment, or authorization information.

Interfere with system operation, security, availability, or integrity.

Introduce malicious code, malware, ransomware, or unauthorized software.

Circumvent authentication, licensing, security, or access-control measures.

Use automated tools in a manner that unreasonably burdens systems.

Impersonate KWR or another person.

Misuse Customer Portal records or Business Records.

Use KWR systems to facilitate fraud or unlawful activity.

Harass, threaten, abuse, or intimidate KWR personnel or other users.

Knowingly violate the Intellectual Property provisions of these Terms.

25.3 Operational Protection and Investigations

KWR may suspend, limit, or restrict system access where reasonably necessary to protect Customers, KWR, suppliers, Business Records, payment systems, or operational integrity. KWR may investigate suspected fraud, unauthorized access, security incidents, misuse, payment irregularities, or other conduct that threatens business operations or systems.

25.4 Legitimate Rights

Nothing in this Section prohibits lawful security research authorized by KWR, legitimate interoperability activity, lawful repair, or rights that cannot lawfully be restricted.

26. Payment Verification and Fraud Prevention

26.1 Verification Authority

KWR may request information reasonably necessary to verify Customer identity, ownership or authority regarding a Vehicle or module, payment method, billing information, shipping or delivery information, business identity, Account ownership, or other transaction-related information.

26.2 Elevated-Risk Transactions

Additional verification may be required for high-value Products or Services, custom or non-returnable Products, Software licenses or electronic deliveries, electronic modules, international shipments, unusual purchasing patterns, expedited requests, third-party shipping arrangements, or other circumstances indicating elevated fraud or authorization risk.

26.3 Processing and Refusal

KWR may delay acceptance, procurement, shipment, release, programming, licensing, or completion while reasonable verification is conducted. KWR may decline, cancel, suspend, or refuse a transaction where authorization, payment, ownership, licensing conditions, or transaction legitimacy cannot be reasonably established.

26.4 Verification Cooperation

Customers must reasonably cooperate with transaction-related verification requests authorized under this Section.

27. Vehicle Custody, Removed Components, and Storage

27.1 Vehicle Custody and Access

KWR will exercise reasonable care while a Vehicle is in its possession. Authorized work may require access to any area reasonably necessary for inspection, diagnosis, repair, fabrication, calibration, programming, installation, testing, quality control, or other Services.

27.2 Personal Property

Customers should remove cash, firearms, valuables, electronics, documents, unrelated racing equipment, and other belongings before delivery. KWR is not responsible for personal property left in a Vehicle except to the extent responsibility cannot lawfully be limited.

27.3 Removed Components

Unless otherwise agreed or required by Applicable Law, Removed Components will be made available upon request at pickup or delivery. Unclaimed Removed Components will generally be retained for forty-eight (48) hours after pickup or delivery and may then be discarded, recycled, returned, or otherwise disposed of.

The retention rule does not apply where a component must be returned to a manufacturer or supplier, is required for warranty evaluation or engineering analysis, is hazardous, or is subject to another legal or contractual requirement.

27.4 Core Components

KWR generally incorporates normal Core Component charges into pricing rather than separately billing routine core exchanges. A Customer who elects to retain a Core Component is responsible for the applicable core value, exchange charge, or supplier-imposed replacement cost.

27.5 Pickup and Storage

Customers are responsible for timely pickup after notification that work is substantially complete or property is ready for release. KWR may assess reasonable storage charges for property remaining beyond a reasonable pickup period where disclosed or otherwise permitted by the applicable agreement or Applicable Law.

27.6 Unclaimed Property and Lawful Remedies

KWR retains all lien, possessory, storage, collection, and other rights and remedies available under Applicable Law with respect to a Vehicle and amounts due for authorized labor, repairs, parts, materials, supplies, Services, facilities, storage, and other applicable charges. Nothing in these Terms limits or waives those rights. Formal lien assertion or enforcement is handled in accordance with Applicable Law through legal counsel.

27.7 Racing Equipment

KWR may remove, relocate, or temporarily disconnect racing equipment, data systems, cameras, radios, transponders, or accessories where reasonably necessary to perform authorized work and will make reasonable efforts to return such equipment to its prior installed condition unless reconfiguration is part of the authorized Services.

28. Regulatory Responsibility and Intended Use

28.1 KWR Role

KWR provides engineering, diagnostic, calibration, fabrication, integration, programming, repair, consultation, and related Products and Services. KWR does not provide legal advice or represent that a Vehicle configuration, Product, calibration, or intended use complies with every legal, regulatory, inspection, or governmental requirement in every jurisdiction.

28.2 Customer Responsibility

The Customer is responsible for determining whether ownership, registration, operation, transportation, competition use, importation, exportation, sale, resale, or other intended use complies with requirements applicable to the Customer's jurisdiction and use.

28.3 Intended Use Information

Customers are responsible for accurately communicating intended use, including street, off-road, competition, exhibition, testing, commercial, or other material operating conditions that may affect engineering recommendations.

28.4 Changing Requirements

Laws, regulations, manufacturer requirements, Software licensing terms, competition rules, inspection standards, and other external requirements may change after Products or Services are performed. KWR is not responsible for future changes occurring after completion of the applicable transaction.

28.5 No Certification

Unless expressly stated in a Separate Written Agreement, completion of Products or Services does not certify compliance with a particular governmental, regulatory, inspection, racing, licensing, insurance, or manufacturer requirement.

29. Limitation of Liability

29.1 Limitation of Remedies

Except where prohibited by Applicable Law or expressly agreed otherwise in writing, KWR's obligations relating to Products and Services are limited to remedies provided under these Terms, the applicable Workmanship Commitment, and any Separate Written Agreement.

29.2 Warranty Remedy Limitation

Warranty remedies are subject to the Maximum Warranty Remedy provision in Section 10 and the applicable Warranty & Workmanship Policy. Nothing in this Section creates an additional or separate remedy cap, and nothing in these Terms limits any right or remedy that Applicable Law does not permit the parties to waive or limit.

29.3 Allocated Causes

KWR is not responsible for losses arising from matters allocated to the Customer or third parties under these Terms, except to the extent responsibility cannot lawfully be limited or a Separate Written Agreement expressly provides otherwise.

29.4 No Expansion Through Assistance

Customer service, technical assistance, troubleshooting, inspections, engineering consultation, Goodwill Accommodations, recommendations, or efforts to resolve concerns do not expand KWR's contractual obligations or admit liability unless expressly confirmed in writing.

29.5 Rights Preserved

Nothing in this Section limits obligations Applicable Law does not permit KWR to limit or exclude, nor does it prevent KWR from voluntarily providing additional assistance or remedies where appropriate.

The following items are intentional business decisions or unresolved legal mechanisms requiring focused review by qualified counsel. This summary is internal and should be removed from the public release version after legal review.

The following approved business and engineering clarifications are incorporated into the Terms of Service and are presented here as a controlled pre-attorney-review addendum so counsel can review the changes without obscuring the originally audited text.

Customer Technical Disclosure

Customers must disclose all known modifications, previous tuning, aftermarket components, software changes, electronic systems, recent repairs, diagnostic trouble codes, known mechanical concerns, and other information reasonably relevant to requested Products or Services. KWR requests this information to establish an accurate Engineering Baseline, improve diagnostic efficiency, identify compatibility concerns, reduce unnecessary testing, and provide appropriate engineering support.

Original Configuration and New Engineering

KWR engineering recommendations, calibration validation, and systems documentation are based on the applicable documented Vehicle Configuration or System Configuration. Where a Customer materially changes the Original Vehicle Configuration or Original System Configuration, resulting engineering evaluation, recalibration, redesign, programming, validation, testing, or documentation updates are additional Services unless otherwise expressly agreed in writing.

Background Intellectual Property

KWR retains ownership of its Background Intellectual Property regardless of whether it is used in connection with a Customer Project. Delivery of a Project Deliverable does not automatically transfer ownership of the underlying KWR Background Intellectual Property used to create it.

Customer Materials

Customers retain ownership of Customer Materials they independently own and provide to KWR. By supplying those materials, the Customer authorizes KWR to use them as reasonably necessary to perform the authorized Products and Services.

Permitted Customer Use of Deliverables

Unless otherwise stated in a Separate Written Agreement, Customers may use KWR-provided technical Project Deliverables for legitimate ownership, operation, maintenance, repair, modification, and support of the Vehicle or Project for which the deliverables were provided, including providing relevant documentation to future technicians, service providers, or subsequent lawful owners who reasonably require it.

Commercial Reproduction and Exploitation

KWR-provided engineering documentation, calibration materials, designs, configurations, educational materials, or proprietary deliverables may not be reproduced, resold, sublicensed, commercially distributed, misrepresented as the work of another person or business, or used to create competing commercial products or services except with KWR written authorization or as otherwise permitted by applicable law.

Third-Party Intellectual Property

Third-party intellectual property remains subject to the applicable owner licensing terms, restrictions, and rights. KWR does not transfer rights that KWR itself does not possess.

Internal Engineering Records

Internal engineering notes, proprietary calibration methodologies, development records, internal Quality Control documentation, security information, supplier information, internal procedures, trade secrets, and similar Business Records do not become Customer deliverables merely because they relate to a Customer Project.

Custom Development

Intellectual-property ownership, licensing, exclusivity, source materials, reproduction rights, commercial-use rights, or development rights for custom projects may be established separately in the applicable Statement of Work or Separate Written Agreement.

General Interpretation

Headings

Headings are for organization and convenience and do not independently alter the meaning of a provision.

Cumulative Remedies

Rights and remedies available under these Terms, applicable Policies, Separate Written Agreements, and Applicable Law are cumulative unless an applicable provision expressly provides otherwise.

Survival

Provisions that by their nature are intended to survive completion, cancellation, termination, or expiration of a transaction will survive, including applicable payment obligations, intellectual-property rights, confidentiality obligations, record-preservation requirements, risk allocations, limitations of liability, dispute provisions, and other accrued rights or obligations.


Shop Services Policy

 

1. Purpose and Scope This Policy explains how KWR manages Customer projects from initial consultation through completion and delivery. It establishes expectations for communication, planning, custody, authorization, parts, testing, Quality Control, pickup, and related shop operations.

2. Guiding Principles Successful projects are built on communication, planning, engineering discipline, and collaboration. KWR seeks to understand the Customer's objectives and provide professional guidance while recognizing that the Vehicle and ultimate vision remain the Customer's.

3. Consultation and Project Planning Customers are encouraged to discuss goals, intended use, budget, timeline, and known concerns before work begins. KWR provides recommendations based on experience, engineering principles, manufacturer information, testing, and information reasonably available at the time. Final decisions regarding the authorized scope remain with the Customer unless a safety, legal, compatibility, or other legitimate restriction requires otherwise.

4. Estimates and Authorizations Unless otherwise stated in writing, Estimates and Quotations are valid for fifteen (15) calendar days from issue. Manufacturer, distributor, supplier, freight, tariff, currency, licensing, or other cost changes beyond KWR's reasonable control may require an updated Estimate. Customers may approve, modify, or decline revised work before KWR proceeds beyond the previously authorized scope. For covered Nevada repair work, KWR provides written estimates when required by Applicable Law. Diagnostic estimates involving disassembly identify applicable diagnosis/disassembly charges and the reassembly charge if the repair is declined. Qualifying additional charges require Customer notification and approval through the shop-management system before affected work proceeds. KWR does not use waiver of additional-charge notification as a standard business practice.

KWR's shop-management software is the operational System of Record for Estimates, labor and parts pricing, Customer authorization, changes to authorized work, completion, handoff, invoices, and other transactional controls it already manages. Separate duplicate forms are not created without a legitimate need.

5. Scheduling and Appointments Projects are scheduled based on technician availability, complexity, parts availability, operational requirements, and Customer priorities. Estimated completion dates are planning estimates and may change because of diagnostic findings, supplier delays, manufacturer support, shipping delays, Customer-requested changes, or other circumstances.

6. Vehicle Drop-Off and Intake KWR may document general Vehicle condition, mileage, warning indicators, modifications, accessories, existing damage, and other observations reasonably relevant to the project. The initial website inquiry is intentionally generic; detailed technical intake occurs only after KWR communicates with the Customer and determines the appropriate next step.

7. Mandatory Customer Disclosure Customers must disclose all known modifications, previous tuning, aftermarket components, software changes, electronic systems, recent repairs, diagnostic trouble codes, known mechanical concerns, and other information reasonably relevant to the requested Products or Services. KWR requests this information to establish an accurate Engineering Baseline, improve diagnostic efficiency, reduce unnecessary testing, identify compatibility concerns, and provide an appropriate solution - not to criticize previous work, previous service providers, or the Customer's decisions. The more complete the information, the more efficiently KWR can work. Customer-provided information, KWR observations, and KWR engineering conclusions should remain distinguishable in Business Records.

8. Parts Procurement KWR sources Products through authorized manufacturers, qualified suppliers, established performance distributors, and qualified industry partners. This network helps reduce counterfeit or imitation risk and often provides multiple quality sourcing options when manufacturer or distributor availability is limited. KWR evaluates advertised compatibility using manufacturer specifications, supplier information, technical documentation, engineering experience, and the known Vehicle Configuration. Products ordered specifically for a Customer require the applicable deposit before procurement. Once transaction-specific parts are ordered with the required deposit, they are the Customer's property, subject to payment of any remaining balance due.

9. Customer-Supplied Parts Customer-Supplied Parts may be used where appropriate. A visual inspection is intended to identify readily observable concerns and does not certify condition, authenticity, compatibility, or fitness. If a supplied part is defective, incompatible, incomplete, or unsuitable, KWR will discuss available options before additional billable work proceeds whenever reasonably practicable.

Purchasing through KWR is encouraged because it improves traceability, compatibility support, warranty administration, manufacturer coordination, and long-term service. KWR offers price matching on qualifying Products.

10. Project Communication and Scope Changes KWR makes reasonable efforts to keep Customers informed of significant milestones, unexpected findings, material delays, or changes affecting the authorized work. Additional billable work is authorized through the shop-management system before proceeding whenever required by the governing Terms or Applicable Law. For ordinary covered repair work, the incidental authorization limit is twenty percent (20%) of the originally authorized Estimate or one hundred dollars ($100), whichever is less; charges beyond that limit require Customer approval before the affected work proceeds.

11. Quality Control and Completion Every project is subject to Quality Control procedures appropriate to the Products and Services performed. Depending on the project, this may include visual inspection, torque or fluid verification, leak checks, diagnostic scans, calibration verification, functional testing, road testing, dynamometer testing, system integration verification, or other appropriate procedures.

12. Road Testing and High-Performance Vehicles KWR will not intentionally violate traffic laws, operate Customer Vehicles unsafely, or subject Customer property to unnecessary risk in an attempt to reproduce a reported concern. Many Vehicles serviced by KWR are capable of performance that cannot safely or legally be reproduced on public roads. When appropriate, alternative evaluation methods may include chassis dynamometer testing, data logging, Customer-provided data, controlled testing at an appropriate facility, or other engineering methods. Inability to reproduce a concern during a lawful and professionally conducted road test does not mean the concern does not exist.

13. Vehicle Pickup and Acceptance Customers should inspect completed work, ask questions, and review any important operating instructions before departure. Departure with the Vehicle or acceptance of shipped Products confirms that the Customer had a reasonable opportunity to inspect and accepts the completed Products and Services, subject to the Workmanship Commitment and applicable Manufacturer Warranty.

14. Vehicle Storage and Pickup Completed Vehicles must generally be picked up within two (2) business days after KWR notifies the Customer that the authorized work is complete, unless KWR approves other arrangements. Vehicles not retrieved within that period may incur a storage charge of $50.00 per day beginning on the third business day. Exceptions may be made case by case. Vehicles are normally stored indoors while in KWR's care unless otherwise specified or operational circumstances reasonably require temporary movement. KWR does not provide an extended-storage service.

15. Removed Components and Customer Property Replaced parts and accessories requested by the person authorizing the repairs or another person entitled to possession of the Vehicle will generally be made available when legally and contractually releasable. Warranty-return and exchange/core items may be retained or returned as required. Where Applicable Law provides an inspection right for a warranty part that cannot be returned, KWR will make the part available for inspection upon request. Customers should remove unnecessary valuables and identify project-specific equipment required for the authorized work.

16. Shop Safety and Access Active work areas may contain elevated Vehicles, energized systems, chemicals, compressed gases, moving equipment, or other hazards. Access may be restricted unless accompanied by authorized KWR personnel. KWR also respects the privacy of other Customer projects and may restrict photography accordingly.

17. Abandoned Property and Administration Vehicles, Products, or other property remaining without communication, payment, or pickup for extended periods are handled in accordance with the Terms of Service and Applicable Law. KWR preserves applicable lien, possessory, storage, collection, and other rights; formal lien assertion or enforcement is referred to legal counsel.


Payment Security & Fraud Prevention Policy

 

1. Purpose and Scope This Policy explains how KWR processes payments, verifies transactions, protects Customers, and responds to suspected fraud, payment irregularities, chargebacks, and related financial-security concerns.

2. Guiding Principles Security measures are intended to protect legitimate Customers and KWR from fraud, identity theft, unauthorized transactions, account compromise, and financial loss. Most controls are designed to operate quietly in the background without creating unnecessary barriers.

3. Accepted Payment Methods and Availability of Funds KWR accepts approved payment methods identified at the time of the transaction. Availability may vary by transaction type, amount, and payment-processor requirements. Payment is considered received when successfully processed and reasonably available to KWR.

4. Deposits and Progress Payments Deposits are required before KWR procures Products, materials, custom components, or specialty items for a Customer project. Certain projects may also require deposits or progress payments before scheduling, reserving shop time, beginning engineering, or reaching defined milestones.

5. Final Payment and Deliverables Payment for completed Products and Services is due before Vehicle release, Product shipment, transfer of completed work, or delivery of electronic files unless a Separate Written Agreement

provides otherwise. Partial payment does not require release of completed work or property unless specifically agreed in writing.

6. Identity and Transaction Verification KWR may verify purchaser identity before releasing Products, Vehicles, electronic deliverables, refunds, or other property. Verification may include government-issued identification, billing and shipping information, payment verification, telephone or email confirmation, Customer Portal authentication, or other commercially reasonable methods.

7. Qualified Third-Party Fraud Prevention Services In addition to merchant-service security tools, KWR may use multiple qualified third-party identity verification, fraud detection, risk assessment, address verification, card verification, and transaction verification services. These services help confirm transaction authenticity and protect both Customer identity and KWR. KWR does not publicly disclose specific verification methods, risk thresholds, fraud-detection criteria, or internal security procedures because doing so could reduce their effectiveness.

8. Chargebacks and Payment Disputes Customers are encouraged to contact KWR directly regarding invoice, payment, shipping, warranty, or service concerns before initiating a formal payment dispute when reasonably possible. Chargebacks should not be used as a substitute for direct communication regarding matters that can be resolved through the applicable KWR process. Business Records may be used where appropriate to respond to payment disputes, chargebacks, fraud investigations, or legal proceedings, including Estimates, authorizations, invoices, shipping records, photographs, communications, Progress Records, and verification information.

9. Returned or Reversed Payments If a payment is returned, declined, reversed, or becomes unavailable after Products or Services have been authorized, KWR may suspend further work or release until the issue is resolved. KWR will normally provide an opportunity to resolve the issue unless circumstances reasonably suggest fraud or unauthorized activity.

10. Refund Processing When a refund is approved under the applicable agreement or Returns & Refunds Policy, KWR will initiate the refund within one (1) business day using the original payment method whenever reasonably practicable. Time for funds to appear in the Customer's account thereafter is controlled by the payment processor, financial institution, card issuer, or other third-party system.

11. Customer Information Customer information is collected and used only as reasonably necessary to provide Products and Services, process transactions, maintain Business Records, comply with legal obligations, and protect legitimate Customer and KWR interests. KWR does not sell, rent, license, trade, or otherwise monetize Customer personal information to advertisers, marketing companies, data brokers, or other third parties.

12. Administration This Policy should be read with the Terms of Service, Privacy Policy, Returns & Refunds Policy, and applicable transaction documents.

Returns & Refunds Policy 

1. Purpose and Scope This Policy explains how KWR evaluates Product returns, exchanges, cancellations, refunds, and related requests. Different Products and Services may have different eligibility because of manufacturer policies, supplier requirements, customization, installation status, programming, digital delivery, or the nature of the work performed.

2. Guiding Principle KWR evaluates requests individually and, whenever reasonably possible, works with Customers to identify an appropriate solution before concluding that a return, exchange, or refund is unavailable.

3. Return Authorization Customers should contact KWR before returning any Product. Many manufacturers, distributors, suppliers, and fulfillment partners require advance authorization. KWR will review the request, determine applicable requirements, and provide return instructions where appropriate.

4. Standard Products Standard Products that have not been installed, used, modified, programmed, calibrated, or damaged may be eligible for return subject to manufacturer, supplier, distributor, or fulfillment-partner requirements and any applicable restocking fees.

5. Product Condition Unless otherwise approved or required for warranty evaluation, eligible returned Products should be in original, unused condition and include original manufacturer packaging, documentation, accessories, protective materials, and other items originally supplied with the Product. Installed,

modified, programmed, calibrated, damaged, altered, or incomplete Products may be subject to reduced credit or may be ineligible for return.

6. Special-Order and Custom Products Products ordered specifically for a Customer, not normally stocked, or specially committed may have limited or no return eligibility depending on supplier requirements. Products manufactured, fabricated, programmed, assembled, machined, modified, or otherwise customized for a Customer are generally not returnable once production or engineering has begun.

7. Digital Products and Engineering Services ECU/TCU calibrations, software files, license activations, digital tuning files, remote programming, and other electronic deliverables are generally non-returnable once delivered because they cannot reasonably be returned or verified as unused. Professional engineering, diagnostics, consulting, calibration development, data analysis, technical support, and similar Services are generally not refundable once performed.

8. Installed Products and Manufacturer Requirements Installed or used Products are generally not eligible for ordinary return unless associated with a Verified Workmanship Issue, approved Manufacturer Warranty claim, or another circumstance expressly approved by KWR. Manufacturer or supplier inspection may be required before an exchange, credit, warranty claim, or return is approved.

9. Exchanges and Wrong-Part Situations If a Customer discovers before installation that a Product is not appropriate for the intended application, KWR encourages prompt communication. Depending on Product status and third-party requirements, available solutions may include exchange, return, alternative Products, technical support, or another appropriate solution.

10. Cancellations Orders may generally be canceled before Products are ordered, shipped, programmed, manufactured, customized, or otherwise committed. Once procurement, customization, engineering, or digital production has begun, cancellation options may be limited. Early communication generally provides the greatest flexibility.

11. Refund Processing Upon approval of an eligible refund, KWR will initiate the refund within one (1) business day using the original payment method whenever reasonably practicable. The subsequent time required for funds to appear depends on the payment processor, financial institution, card issuer, manufacturer/supplier credits, or other third parties outside KWR's reasonable control.

12. KWR Responsibilities KWR will evaluate return, exchange, cancellation, and refund requests fairly and consistently, explain available options and material limitations, and coordinate with manufacturers, suppliers, distributors, or fulfillment partners where required.

13. Administration Shipping mechanics are governed by the Shipping Policy. Privacy and payment handling are governed by their respective authoritative policies.