Terms & Conditions
TERMS & CONDITIONS
- WHO WE ARE
1.1 You are contracting with MBP Tuning. The Registered References to MBP Tuning, “the company”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
- PROVIDING SERVICES
2.1 These Terms and Conditions will be binding between the Company and you, the customer, upon booking your vehicle in for work with us. Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
2.2 We need certain information from you which is necessary for us to provide services. Examples include the make, model, engine, age and mileage of your vehicle. We will not be liable for any delay or non-performance where you have not provided this information, or it is inaccurate.
2.3. It is the customer’s responsibility to ensure the vehicle is in correct working order without underlying faults. We make no representations or warranties that the services and products we supply will not cause damage to your vehicle, owing to, but not limited to, an underlying fault or poor servicing. Prior to carrying out any software tuning to a vehicle, we will carry out a basic inspection. We do not make any representations or warranties that this inspection will identify all underlying defects of your vehicle which may cause your vehicle to fail after software tuning has been carried out. In circumstances where the condition of your vehicle is such that we advise you, that the carrying out of our services may cause damage to your vehicle over time, and you chose to proceed with our services, you do so at your own risk. High mileage vehicles or vehicles that are poorly maintained are examples of where we may advise you not to proceed. Where an advisory notice is documented on the invoice, we accept no liability for any damage caused, directly or indirectly, to your vehicle, or any financial loss or expenses incurred by or imposed on or in connection with your use of our services.
2.4 We make no representations or warranties that our services will not expose or exacerbate a previously unknown fault or weakness with your vehicle, which may ultimately lead to an engine failure.
2.5 We make no representations or warranties that the use of our services will not invalidate any manufacturer or 3rd party warranty you may currently have in place.
- IF THERE IS A PROBLEM WITH THE SERVICES
3.1 In the unlikely event that there is any defect with the services we provide or products we have supplied:
(a) contact us and tell us as soon as reasonably possible;
(b) give us a reasonable opportunity to repair or fix any defect;
(c) we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 60 days.
3.2 You will not have to pay for us to repair or fix a defect with the services or products under this clause.
3.3 We will not accept liability for any work carried out by a 3rd party in circumstances where you have not afforded us the opportunity to rectify any defect in accordance with clause 3.1.
3.4 Where you have afforded us the opportunity to rectify any defect in accordance with clause 3.1 and we have not done so within 60 days, we will not be liable for work carried out by a 3rd party only with written permission by us, Our partner Viezu technology will in all cases need to inspect vehicle also another independent inspection may be carried out to determine if our software has caused the fault on ECU or whether deemed by other underlying fault outside our software installation in this instance we will not be held liable or be covered under our 1 year warranty.
3.5 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
- OUR LIABILITY TO YOU
4.1 If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage to a vehicle (or its accessories or contents) that is a foreseeable result of our breach of the Terms and Conditions or as a result of our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. Loss or damage arising out of the circumstances in clause 2.4 is not a foreseeable event for the purposes of this clause.
4.2 We are not liable for any costs associated with recovering a vehicle that has broken down.
4.3 Where you are a consumer, we only supply the services or product(s) for domestic and private use. You agree not to use the services or product(s) for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.4 Subject to clause 4.5, our liability to you for any direct loss, damage, cost or expenses shall be limited to £1,000,000 in respect of any one event or series of connected events.
4.5 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
- YOUR RIGHTS TO CANCEL
5.1 Before we begin to provide the services, you have the following rights to cancel, including where you choose to cancel because we are affected by an event outside our control, or if we change these Terms and Conditions under clause 10.2, to your material disadvantage:
(a) You may cancel any booking for services at any time before the booking by contacting us. We will confirm your cancellation to you.
(b) If you cancel a booking under clause 5.1(a) and you have made any payments in advance for services that have not been provided to you, we will refund these amounts to you.
(c) However, if you cancel a booking for services under clause 5.1(a) and we have already started work on your vehicle by that time, you will pay us any costs we have reasonably incurred in starting to fulfil your booking, and a Service charge of £100 will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.
5.2 If you cancel and would like to reschedule your appointment due to us incurring costs and lost sales we would charge a £50 Non-refundable deposit
5.3 If you cancel or want to reschedule after the 2nd appointment time you will not be refunded £50 deposit also we reserve the right to refuse to carry out the service/s
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
6.1 If we have to cancel a booking for services before the services start:
(a) We may have to cancel a booking before the start date for the services, due to an event outside our control or the unavailability of key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
(b) If we have to cancel a booking under clause 6.1(a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
(c) Where we have already started work on your vehicle by the time we have to cancel under clause 6.1(a), we will not charge you anything and you will not have to make any payment to us.
6.2 After we have completed the custom remap service and customer has been given opportunity to test drive vehicle with no faults confirmed no refunds will be issued
6.3 Call out charges of £80 will apply also other charges may apply after services are carried out and technician is called out to assess
- INSURANCE BACKED ECU SOFTWARE
7.1 MBP Tuning Ltd as an authorised dealer of Viezu Technology Ltd we are insured and covered for all software remaps against ECU corruption only
7.1 (a)In simple terms you have complete peace of mind where Viezu Technology is concerned. As an ISO 9001:2008 registered organisation, Viezu track the quality of our work, complaints and issues. This means that in the highly unlikely event you experience a concern directly attributed to one of our remaps, we have a robust, transparent and independent process to help.
7.1 (b) This process is straightforward. Please contact MBP Tuning in the first instance on 07723 078756
The remap or tuning device is inspected and reviewed for any previous quality concerns. Viezu Technology will also inspect the vehicle and any concerns raised by the customer. An independent assessment of the vehicle may also be necessary and this will be carried out by a suitably qualified independent inspection engineer (for example IAEA) to impartially determine the root cause of the fault. Call out charges will apply see clause 7.9
7.2 All our software remaps are Insurance backed does not Include mechanical parts or electrical parts also excludes general wear of the engine components over a period of time or misuse of vehicle MBP Tuning hold no liability
7.3 The Warranty does not cover using the vehicle on a track or racing you will forfeit our Insurance backed ECU Software includes third party changes to our software and will not be covered
7.4 We may advise against a remap due to poor vehicle servicing or condition we may also advise against a remap on high mileage Vehicles if you continue at your own risk and we will not be liable for any failure to engine or components this will be solely the responsibility of the customer and we will apply a disclaimer listed in the notes section on your Invoice this will be agreed by customer before any remap will commence
7.5 We can replace the original file to the vehicle at customer’s request which will be charged at £75.00 within the first 30 days from Invoice date after which full price at £200 will be chargeable thereafter
7.6 All remaps are non – refundable as customer has requested a custom remap to be carried out with customer been given opportunity to test drive vehicle after our remap services have been carried out and no faults present as verified by customer
7.7 Modify or changing a remap the same terms apply as stated (clause 7.5) £75.00 within 30 days and full price at £200 charged thereafter other charges apply based on services carried out
7.8 In a rare occasion you believe there is problem with the software we have written on your car you will make us aware in the first instance by contacting MBP Tuning on 07723078756 or on Email: INFO@MBPTUNING.CO.UK
7.9 If you request a technician visit after you have test driven the vehicle and confirmed no faults present a Call out Charge of £80 will apply to cover our costs all other charges applicable stated in clause 7.5
- INFORMATION ABOUT US AND HOW TO CONTACT US
8.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us on 07723078756 or by e-mailing us at email@example.com
8.2 If you wish to contact us in writing, or if any clause in these Terms and Conditions requires you to give us notice in writing, you can send this to us by e-mail firstname.lastname@example.org We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail,
- HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will use the personal information you provide to us to:
(a) provide the Services;
(b) process your payment for such services; and
(c) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
- OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions
10.2 We may amend these Terms and Conditions periodically.
10.3 The Company shall have a general lien on all of your vehicle(s) and all of their contents for all monies owing to the Company by you on any account whatsoever.
10.4 We shall be entitled to reasonable storage charges if you do not pick you vehicle up within 30 days of delivering it to us.
10.5 We are not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its employees or agents. Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
10.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.8 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.9 These Terms and Conditions are governed by English law.