TERMS AND CONDITIONS
TERMS AND CONDITIONS
FOR THE SUPPLY OF GOODS AND SERVICES
OF TIPTOP EXHAUSTS
1.1 You are contracting with Tiptop Exhausts, 521 Lichfield Road, Birmingham, B6 7SR. References to Tiptop Exhausts Birmingham, “the company”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
2.1 These Terms and Conditions form a binding contract between us and you, our client, as governed by the Law of England and Wales.
2.2 In proceeding to book your vehicle in with us you acknowledge and accept the following points within these Terms and Conditions.
2.3 Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
3. CUSTOMER OBLIGATIONS
3.1 We require certain information from you which is essential for us to provide our services. Examples include the make, model, engine and age 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.
3.2 It is the customer’s responsibility to ensure that the vehicle is in correct working order without underlying faults.
3.3 The customer accepts that all power and torque gains from your ECU remap are approximate, as are the actual figures of your engine’s quoted power and torque figures from your car manufacturer.
3.4 The customer accepts that the fuel efficiency of your vehicle after a remap depends on a number of factors including but not limited to: outside temperature, driving style, tyre pressures, and regular and correct service maintenance of your vehicle.
3.5 The customer accepts that any power and torque increase to your car’s engine will accelerate the rate of wear of serviceable and mechanical items which can range from items including but not limited to: clutch, flywheels, turbos, injectors, DPF’s, and EGR valves. By requesting Tiptop Exhausts Birmingham to tune your engine for increased torque and power, you are responsible for all costs associated with such wear and tear and Tiptop Exhausts Birmingham is not liable in any form for any costs incurred by you.
3.6 It is the customers responsibility to inform their car insurance company of the car’s ECU remap.
3.7 Where you use our services or product(s) for any commercial, business or re-sale purpose, the customer understands that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. OUR LIABILITY
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 because 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 4.4 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 We are not liable for costs associated to fix either determined or pending faults found relating to your vehicle during its diagnostic check either before or after you have your vehicle remapped.
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. 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.
4.4 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.
4.5 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.
4.6 In the unlikely occurrence that there is any defect with the services we provide or products we have supplied, we will not accept liability for any work carried out by a 3rd party in circumstances where you have not given us the opportunity to correct the defect and obtained our written permission.
5. CANCELLATIONS AND APPLICABLE REFUNDS
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 of our control:
(a) You may cancel any booking for services at any time before the appointment 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 as long as we are notified 48 hours before your appointment time.
(c) However, if you cancel a booking for services under clause 5.1(a) within 48 hours of your appointment time, the £29.99 booking fee will not be refunded.
5.2 If we must 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 must cancel a booking under clause 5.2(a) and you have made any payment in advance for services that have not been provided to you, this includes the £29.99 booking fee, we will refund these amounts to you.
5.3 If we must cancel a booking for services after the services start:
(a) If after inspection of your vehicle we decide that we are unable to carry out our services, due to your vehicle previously being remapped or for any other reason, the £29.99 booking fee will not be refunded and will be used to cover our call-out charge.
6.1 We provide a lifetime warranty on the stability of your ECU remap. By this we mean your ECU remap will not reset itself or modify itself in any shape or form unless outside interference [human intervention] occurs. There may be a call out charge applicable if carried out by our mobile services.
6.2 We provide a 30-day money back guarantee, less the £29.99 call out fee and a £60 installation charge, per installation, from the date of your ECU remap if you are unhappy with the remap provided.
6.3 Both our 30-day money back guarantee and lifetime warranty will become void where it is found that the engine map installed by Tiptop Exhausts Birmingham has been altered or tampered with in any form or downloaded by a 3rd party by any means following the installation of the engine map by Tiptop Exhausts Birmingham.
6.4 In the unlikely occurrence that there is any defect with the services we provide or products we have supplied, you will not have to pay for us to repair or fix a defect with the services or products under this clause.
6.5 In order to receive a refund of any sort, the customer must allow Tiptop Exhausts Birmingham to remove our software and reinstate the ECU file which we took a copy of before performing the remap. If any 3rd party accesses the ECU before this is done, the customer forfeits their right to a refund.
6.6 We provide a Warranty for Mechanical Breakdown arising as a direct result of the Tiptop Exhausts Birmingham Remap, for vehicle’s which are less than 3 years old and have a valid original Manufacturer’s Warranty in force only. The terms and conditions for the Mechanical Breakdown Warranty can be found on our website or a copy can be provided on request.
7. HOW TO CONTACT US
7.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us on 0121 769 2622 or by e-mailing us at firstname.lastname@example.org If you wish to contact us in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Tiptop Exhausts, 521 Lichfield Road, Birmingham, B6 7SR or email@example.com. 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, by hand, or by pre-paid post to the address you provide to us in the booking.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
8.1 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.
8.2 We will retain a copy of your car’s original ECU map for your specific vehicle on our systems. Should your manufacturer or service garage accidentally wipe your ECU remap, we will for a small admin fee, re-install your chosen ECU remap.
9. OTHER IMPORTANT TERMS
9.1 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.
9.2 We may amend these Terms and Conditions periodically.
9.3 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.
9.4 We shall be entitled to reasonable storage charges if you do not pick you vehicle up within 30 days of delivering it to us.
9.5 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.
9.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.7 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.
9.8 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.