AMTuning Terms and Conditions
These Terms and Conditions are the standard terms which apply and can be changed at any time without notice:
A). to the provision to the Customer of any Services (as “Services” is defined in Clause 1 below) by the Garage, namely AMTuning.uk [A&Munday T/A AMTuning.uk, Rabac House, Waterlooville, Hampshire, PO77RS] (“the Garage”); and
B). where the Customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who receives any of the Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Courtesy Car” [AMTuning.uk do not provide or provide any forms of Courtesy Car, this means payment or arrangement under any separate agreement between
“Supplier” AMTuning.uk is an approved dealer for Viezu Technologies Ltd “Viezu” and Top Gear Tuning Ltd “TGT”
“Customer/You/Your” means a Consumer customer of the Garage who requires its Services;
“Estimate” means a document giving the approximate Price of the Work;
“Invoice” means a final invoice giving the total Price of the Work;
“Manufacturer” means the manufacturer of the Vehicle;
“Price” means the fee payable for the Work including parts, labour, VAT if included and any additional charges;
“Quotation” means a document giving the agreed fixed Price of the Work Which We shall not vary without Your explicit agreement;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services” means any type of remapping of Vehicles;
“Vehicle” means Your vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer;
“Warranty Period” means the duration of the warranties provided by Us in accordance with Clause 11 of these Terms and Conditions; and
“Work” means the particular Services that We agree to provide to You;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular shall include the plural and vice versa; and.
1.5 References to any gender shall include the other gender.
2. Investigation and Diagnostics
2.3 Following the booking and prior to any tuning work the Garage will conduct investigative or diagnostic work on the Vehicle in order to determine any pre underlying faults, this faults will be detailed to the customer along with the completion of a DISCLAIMER form should any faults remain and the Customer wishes to proceed with any Remapping.
2.4 Investigative and diagnostic work may incur a charge to the Customer and should and work be required pre tuning or post tuning. The Garage can arrange repairs via The Garages recommended repairer and the Customer shall agree upon a financial limit for such work prior to commencement. No investigation or diagnostics shall take place until such a limit has been agreed.
3. Payment and Invoices
3.1 From the point at which Work on the Vehicle commences of any tuning until the point at which You have paid in full all sums due, We shall have a general lien on Your Vehicle (i.e. a right to possession of property until payment is made for work done to that property) for all sums due;
3.2 Following Our completion of the Work and payment has been made, We shall issue an receipt confirming payment to You including these terms and conditions;
3.3 All sums due will be payable within on completion of any tuning on the date of the relevant work;
3.4 You may make payment by Cash or Credit or Debit card.
4. The Work
4.1 If We cannot carry out and complete the Work due to non-compatibility of files or parts, then when We tell You that ,You may either make arrangements with Us for a re-booking or You may exercise Your right to cancel as set out in Clause 12;
4.2 We shall only use files for the Work as provided by the supplier. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first explicitly consent;
4.3 We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it but We nevertheless advise You to remove all possessions from the Vehicle before We begin the Work.
5. Vehicle Warranties
5.1 Following our remapping service if during the first 12 months your vehicle developes a fault and it can be proven via an independent garage that the remap is directly responsible for the breakdown AMTuning will facilitate a claim via our dealer insurance policy, AMTuning will not directly cover any claim as AMTuning do not develop the remap files installed on to vehicles.
5.2 We shall not be responsible or liable for any failure where the vehicle has not been serviced in accordance of the manufactures service intervals and AMTuning will require proof of all service history to pass on to the Dealer.
5.3 We offer 30 day return to standard warranty for all (Viezu) supplied files and 7 days for all (TGT) supplied files from the date of installation of the file and not from the invoice date.
5.4 Should you wish to make any alterations to the file once installed there is a charge of 50% of the original remap price to carry out any changes. these changes can be DPF, EGR Removal, or to change from one map type to another,
6. Insurance, Damage and Liability
6.1 We shall at all times have in place suitable and valid insurance, including public liability insurance;
6.2 We shall not be liable to You for any loss or damage You suffer due to Your failure to follow Our or the Manufacturer’s instructions for servicing of your vehicle.
6.3 We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control;
6.4 We will be responsible for any foreseeable loss or damage to your vehicle that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
6.5 We provide Services to You only for Your personal and private use/purposes as a Consumer. We make no warranty or representation that products, or other goods or materials that We use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
6.6 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and
6.7 As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
6.7.1 the Consumer Rights Act 2015;
6.7.2 the Regulations;
6.7.3 the Consumer Protection Act 1987; or
6.7.4 any other consumer protection legislation;
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
7. Warranty and Guarantee
7.1 The file writers (Viezu)(TGT) warrant all files from the date of invoice for a Warranty Period of the life of the customer owns the vehicle and will reinstall the tuned file on request should the manufacture or dealer revert the Electronic Control Unit “ECU” back to factory standard. Please note that there may be financial cost to the customer to cover fuel or time to reinstalling the tuned file.
7.2 If any parts used fails during the Warranty Period as a direct result of any tuning work completed by the business, the business shall request the customer attends the businesses recommended repair agent for investigation work.
7.3 Any warranty that We give You applies to Your Vehicle. If You sell or otherwise transfer ownership of Your Vehicle to another person, they will not be entitled to the benefit of the warranty for the rest of the Warranty Period;
7.4 We will be entitled to void any warranty that We give You if the Vehicle is used for anything other than normal purposes (unless We explicitly tell you otherwise). This includes:
7.4.1 Participating in racing or other competitions of any kind;
7.4.2 Participating in speed testing or time trials;
7.4.3 Use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);
7.4.4 Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; or
7.4.5 Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations;
7.5 The rights and remedies that We give You under this Clause 11 to provide repairs and replacement parts shall (as stated by sub-Clause 10.7) be in addition to all such rights and remedies as are available to You if You as a Consumer.
8. Courtesy Car
8.1 The business does not supply any form of courtesy car.
9.1 You may request to have any tuning work reverted back to the original file as specified by the manufacture within 30 days (Viezu) 7 Days (TGT) should you not be entirely happy with the tuning file quality, The business may alternative file types prior to agreeing a refund.
9.2 If You cancel under sub-Clause 13.3 or 13.5, and You have paid Us any deposit or prepayment under sub-Clause 5.1, We shall return it to You less any amount You owe to Us under any part(s) of this Clause 13, but You will still be liable to pay Us the remainder of the amount You owe Us;
9.3 Where the contract We make with You is not made on Our premises, the Regulations give You the following rights in addition to the rights given to You by the above provisions of this Clause 13:
9.3.1 You may for any reason cancel a booking during the 14 day period after We confirm that booking unless sub-Clause 12.5.2 applies. If You cancel as allowed by this Sub-clause 12.5.1, and You have already made any payment(s) to Us for the Work, We will refund the payment(s) to You within 14 days of receiving Your cancellation; but If You request that Your booking be cancelled, you must confirm this in any way convenient to You no later than 24 hours prior to the tuning date;
9.4 Once You have paid Us all that You owe Us, You shall collect (or arrange for the collection if AMTuning have not come to you for tuning work. If Your Vehicle remains on Our premises should the tuning not have been complete at the customers how premises. You shall pay Us for its storage at the rate of £100 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge).
10. Customer Confidence and Satisfaction, and Complaints
10.1 We are committed to ensuring that all customers receive a high standard of work and service, and We always welcome feedback from Our customers. We may ask You to complete a customer satisfaction survey following completion of the Work. Whether or not You complete it will be for You alone to decide. If You do, it will help Us to provide a high quality service and to improving Our standards of work for You and other customers;
10.2 Whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint;
10.3 If You are not entirely satisfied with the Work or have any complaint about the Work or Our Services or any other complaint about Us or any of Our staff, please raise the matter in writing and email to firstname.lastname@example.org or call the business number as listed on www.amtuning.uk ,We shall respond within five working days after the date We receive Your complaint, giving You details of how We intend to resolve Your complaint; and
A required by the Regulations:
11.1 all of the information described in Clause 14; and
11.2 any other information which We give to You about any Services or the Garage which You take into account when deciding to make a booking or when making any other decision about the Services;
will be part of the terms of Our contract with You as a Consumer.
13. Changes to Terms and Conditions
we may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
13. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
15. Law and Jurisdiction
15.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and
15.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.