1. WHO WE ARE
1.1 You are contracting with Motortech Services Limited t/a Motortech Performance, a company registered in England with Company Registration Number 09739274. The Registered Office is 204 Moulsham Street, Chelmsford, Essex, CM2 0LG . References to Motortech Performance, “the company”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
2. 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 any 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.
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.
3. 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:
3.2 You will not have to pay for us to repair or fix a defect with OUR 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 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.
4. 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.
5. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
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:
6. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
6.1 If we have to cancel a booking for services before the services start:
7.1 We provide a two (2) year warranty on the software against any bugs, corruption or necessary updates. There may be a call out charge applicable if carried out by our mobile services, or an hourly rate through our dealer network.
8. INFORMATION ABOUT US AND HOW TO CONTACT US
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 or by pre-paid post to 204 Moulsham Street, Chelmsford, Essex, CM2 0LG 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.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will use the personal information you provide to us to:
10. REFUND POLICY
10.1 The United Kingdom’s Distance Selling Regulations 2000 provide you with a right to cancel your order for products at any time up to the end of the seventh working day following the day after the day on which you received the products. You do not need to give us any reason for cancellation. We will open a cancellation claim within 48 hours of you contacting us. If you wish to cancel your order please email us with details of your cancellation request. If you have already received the products you must carefully repackage and return them to us at the returns address shown above. Until you have returned the products to us, you must keep them in your possession and take reasonable care of them. We will credit the price of the cancelled products once we have received and checked that they are in a re-saleable condition. We will not refund any postage costs incurred.
10.2 Tuning files / software supplied to our dealers / trade are excluded from this policy as they are classed as digital goods unless proven and agreed to be faulty by us and we are satisfied the vehicle has been returned to stock by a "Slave" trade customer.
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 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.
10.5 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.6 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.
10.7 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.
10.8 These Terms and Conditions are governed by English law.