Terms and Conditions
Please read carefully
WHO AM I
You are contracting with Dale Brogan, sole trader, trading as Horsham Tuning. References to Dale Brogan or Horsham Tuning, will be referred to as I, Me or My throughout these terms and conditions. I reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website or available upon request, it is your responsibility to read the terms and conditions on each occasion you use my services, contact me or use my website. If you continue, this shall signify your acceptance to be bound by the latest terms and conditions.
These Terms and Conditions will be binding between me and you, the customer, from the moment of first contact. These terms and conditions do not affect your statutory rights. I will require various information from you which will be necessary for me to provide services. Examples could include but not limited to name, telephone, address, email, manufacture, model, registration number, vin number, engine code, ecu code, mileage, condition etc. I will not be held liable for sub-sequential results, delay, non-performance etc from incorrect or inaccurate information provided by you, the customer. It will be your, the customers, sole responsibility to ensure that your vehicle is suitable for any services I provide. Ensuring the correct working order. I make no representations or warranties that any of the services that I provide will not cause damage to your vehicle, owing to, but not limited to, any underlying defects, poor maintenance or poor servicing. Increased power from your engine could bring alight current defects or apply extra stress to a component such as, but not limited to, clutch slip or turbo hose leaks not apparent prior to the services. Prior to carrying out any software calibration service, I will carry out a basic inspection, I do not make any representations or warranties that this inspection will identify any/all underlying vehicle defects which may become apparent or fail after my service has been carried out. In circumstances where I believe the condition of your vehicle is of such that could cause damage or excessive wear over time, and you chose to proceed with my services, you do so at your entire own risk. Where you have requested to proceed, and results in you wanting the calibration file to be removed, this may result in a reasonable charge for my time and financial expenses. Higher mileage, poorly maintained, lack of history, worn clutch, visually poor condition engine, fault codes in ecus are a few examples of where I would advise against proceeding. Where an advisory notice may be issued on an estimate or invoice, I accept no liability for any damage, wear or defects caused, directly or indirectly, to your vehicle, any financial lose or expenses incurred by or imposed on or in connection with your use of my services. You will be asked to sign a 'Pre Job Estimate' before carrying out any services to confirm acknowledgement of the services I will be carrying out, my terms and conditions and any advisory notices issued in writing or verbally. I make no representations or warranties that any of my services will not expose or exacerbate a previously unknown defect or weakness with your vehicle which may result in engine failure. I make no representations or warranties that the use of any of my services will not invalidate any manufacture or third party warranty you may currently have in place.
IF THERE IS A PROBLEM WITH MY SERVICES
In the unlikely event of any defect with any of the services I have provided, please contact me as soon as reasonably possible, give me reasonable opportunity to repair or fix any defect which I will make every effort to do so as soon as reasonably practical. If the defect is with the software calibration file I have provided there will be no charge to you and I will provide every effort to resolve the defect. If the defect is non related to directly or indirectly caused by the software, the sole responsibility is yours and you will incur a call out charge and labour charge set at my current rates available upon request. I will not accept any liability for work carried out by a third party in circumstances where you have not first given me the opportunity to rectify these defects. If any work is to be carried out by a third party to rectify a defect, I will only be held liable if you have obtained written permission before hand from me and provided me with 3 written estimates/quotes in advance to having any work carried out. As a consumer, you have the legal right in relation to services I provide not carried out with reasonable skill and care or if materials or equipment I use are faulty or not as described. For more advice about your legal rights get in touch with you local Citizens' Advice Bureau, Trading Standards or visit the Government website. Nothing in these terms and conditions will affect your legal rights.
MY LIABILITY TO YOU
If I fail to comply with these terms and conditions, I will be only responsible for loss or damage to a vehicle that is a foreseeable result of my breach of the terms and conditions or a result of my negligence. I will not be responsible for any loss or damages which are not foreseeable. Loss or damage is foreseeable if they were obvious consequence of my breach or contemplated by you or me at the time of entering into this contract. Loss or damage relating to term: (Representation or warranties that any of my services will not expose or exacerbate a previously unknown defect or weakness with your vehicle which may result in engine failure) is not a foreseeable event for purpose of this clause. I will not be liable for any cost related or associated with recovering a vehicle which has broken down. Where you are the customer, I will only supply the services for domestic and private use. You agree not to use these services for commercial or business use and alternative terms and conditions/contract will have to be written up in this event. If you do chose to use my services for commercial or business use, you do so at your own decision. I have no liability for loss of profit, loss of business, business interruption or loss of business opportunity. My liability will only be of that which my current road risk and liability insurances state and as per their terms and conditions and my policy wording/details with my insurance company at the time.
YOUR RIGHTS TO CANCEL
Before I have started to provide a service, you have the following rights to cancel, including where you chose to cancel due to being affected by an event outside yours or my control. You may cancel any booking for services 24 hours prior to the time of the appointment date by contacting me. I will confirm your cancellation to you in wiring or verbally. If you cancel a booking and you have already made a payment in advance I will refund you the money, this refund time will normally be within 5 working days. If a group booking has been made to receive discount and a 25% deposit has been paid, this deposit will be non refundable. If you cancel a booking for a service but I have already started work on your vehicle, you will pay me any costs I have already reasonably incurred in starting to fulfil your booking. This charge will be deducted from any refund due, or if no refund is due, invoiced to you. We can provide these costs upon request.
MY RIGHTS TO CANCEL
I may have to cancel a booking before the service has started due to an event outside of my control, the unavailability of equipment, materials or third party services unavailable to fulfil a service. I will contact you a soon as reasonably possible if this happens. If I have to cancel a booking and you have already made a payment in advance for services which I have not provided, I will refund you in full as soon as reasonably possible. Where I have already started work on your vehicle and I have to cancel for any reason, I will not charge you anything and you will not have to make a payment to me until the service is completed.
A lifetime software guarantee is provided my 'Topgear Tuning' a third party who provide me with the calibration files installed. This lifetime software guarantee is limited to software faults and subject to their terms and conditions and no ties to me in any way. A call out charge or an hourly rate charge may applicable. I provide a one year warranty on labour only, on services I provided. Any parts or software warranties or warranties not relating to my labour will be of that of the third party supplier and under their terms and conditions.
INFORMATION ABOUT ME AND HOW TO GET IN TOUCH
If you have any questions, request, complaints or suggestions, please get in touch as soon as reasonably possible. You can either contact me via phone 07585 906 347 or in writing via email firstname.lastname@example.org
HOW I MAY USE YOUR INFORMATION
OTHER IMPORTANT TERMS
I may transfer my rights and obligations under these terms and conditions to another organisation and I may notify you via email, writing or telephone. This will not affect your rights or obligations under these terms and conditions. I may amend these terms and conditions and it is your sole responsibility to ensure you read them from time to time as I will assume you accept them. I will have lien on all your vehicle(s) and all its contents for all monies owing to me on any account whatsoever. If I provide a service other than those advertised, I may use a third party company to carry out the service on your behalf. A processing fee or service charge may be applied on the final invoice for such service. In such case the terms and conditions of the third party will come into effect and mine only where relevant. I accept payments via cash and bank transfer. Also PayPal and card via iZettle but may incur a service charge and are bound by their terms and conditions. I will be initialised to reasonable storage and service charges if you do not collect your vehicle within 7 days of contacting you to confirm the service is complete. I will not be responsible for any loss or damage to your vehicle, property or third party property what so ever, however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of myself. Under no circumstances will I accept liability for loss or damage outside of my control for any indirect loss, consequential loss, loss of profit, loss of business, loss of use or any special loss. This contract is between you and I. No other person shall have any rights to enforce any of its terms. Each sentence and paragraph in these terms and condition may operate separately. If any court authority decides that one is unlawful, the remaining terms will remain in full force and effect. If I fail to insist that you perform any of your obligations under these terms and conditions, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not me that you do not have to comply with these obligations. These terms and conditions are governed by English law.
Please read carefully
WHAT I COLLECT
I may collect but not limited to the following information: Your name, address, contact information including email address, details of your vehicle(s) Demographic information such as postcode, preferences and interests or other information relevant to customer surveys and/or offers
WHAT I DO WITH THE INFORMATION I GATHER
I require this information to understand your needs and provide you with an any services. In particular for the following reasons: Internal record keeping. I may use the information to improve my products and services. I may periodically send promotional emails or contact you via sms, telephone or post about new products, special offers or other information which I think you may find interesting using the email address or contact details which you have provided. From time to time, I may also use your information to contact you for market research purposes. I may contact you via email, phone or mail. I may use the information and feedback to customise the website according to your interests.
I am committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, I have security precautions electronically and physically in place.
HOW YOUR COOKIES ARE USED
A cookie is a small file which asks permission to be placed on your computer’s hard drive. When accessing my website and clicking the 'Accept' button I will assume you are happy with this and are aware you can opt out by leaving the page. The cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help me provide you with a better website experience, by enabling me to monitor which pages you find useful and which you do not. A cookie in no way gives me access to your computer or any information about you, other than the data you choose to share with me. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS FROM MY WEBSITE TO EXTERNAL WEBSITES
My website may contain links to other websites of interest. However, once you have used these links to leave my site, you should note that I do not have any control over that other website. Therefore, I cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways: Whenever you are asked to fill in a form on my website, please make a note in the message or contact me directly to indicate that you do not want the information to be used by anybody for direct marketing purposes or for me to gather information required to provide my services If you have previously agreed to me using your personal information for direct marketing purposes, you may change your mind at any time by contacting me. I will never sell, distribute or lease your personal information to third parties unless required for a service you have requested, I have your permission or am required by law to do so. I may use your personal information to send you promotional information from me or about third parties which I think you may find interesting. You can opt out by contacting me. You may request details of personal information which I hold about you under the Data Protection Act 1998. A small administration fee is required. If you would like a copy of the information held on file relating to you please contact me. If you believe that any information I am holding on you is incorrect or incomplete, please contact me as soon as possible. I will promptly correct any information found to be incorrect.