WHO WE ARE
You are contracting with Emaps, a company registered in England. The Registered Office is Emaps, Claverdon Close, Brownhills, Walsall, WS8 6NG References to Emaps, “the company”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
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.
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.
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 this 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.
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.
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
In the unlikely event that there is any defect with the services we provide or products we have supplied:
Contact us and tell us as soon as reasonably possible;
Give us a reasonable opportunity to repair or fix any defect; and we will use every effort to repair or fix the defect as soon as reasonably practicable.
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.
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
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 is not a foreseeable event for the purposes of this clause.
We are not liable for any costs associated with recovering a vehicle that has broken down.
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.
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.
We provide a One (1) year warranty on the software against any bugs, corruption or necessary updates. There will be a call out charge applicable if carried out by our mobile services at 20p per mile.
For vehicles that are within their manufacturer’s warranty, we provide a money back guarantee which is valid for fourteen (14) calendar days following and including the day the work was carried out. Any refund issued under the guarantee is subject to a £50 (inc. VAT) call out fee.
The power increase shown for each model are for illustration purposes only and do not reflect real life dynamometer readings. Power increase figures will vary slightly from vehicle to vehicle and will depend greatly on vehicle condition. Post tuning dynamometer readings showing power increases less than what is stated will not be warranted without a pre tuning dynamometer reading.
INFORMATION ABOUT US AND HOW TO CONTACT US
If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us on either 01543 360377 or 07973 553549 or by e-mailing us at firstname.lastname@example.org