2.1. You are responsible for ensuring that the Goods or Services are suitable for your requirements and any advice or guidance we may provide (i) relies in part upon information from the vehicle manufacturer, our suppliers or other third parties (ii) is given free of charge in good faith and (iii) does not constitute any representation about the suitability of the Goods or Services for your particular purposes.
2.2. If we agree to provide Bespoke Goods or Services then we may issue a specific agreement setting out any special terms that apply to any such agreement which (except to the extent that they are expressed to vary or supersede these T&Cs) will apply in addition to these T&Cs.
2.3. If you are buying as a Consumer, the Warranty will be invalidated if you use the Goods for any commercial purpose including for public use, hire or re-sale. The applicable Warranty Periods for Consumers are:
2.3.1. Goods: 12 months from the date of delivery unless extended by the manufacturer of the Goods.
2.3.2. Tuning Services: 30 days from the date you collect the vehicle from our premises (or the date we deliver it to you) unless you have purchased the Extended Warranty.
2.3.3. Your rights to claim under the Warranty are in addition to your statutory rights (see clause 5).
2.4. Some of the services and replacement parts we supply (Race Modifications) will result in your (Race Modified) vehicle being illegal to use on a public road. Race Modifications are only appropriate for vehicles that will be used solely on private land (e.g. track days and racing circuits). A full list of Race Modifications is set out in the table below. If we supply Race Modifications to your vehicle you acknowledge and agree (and it is a condition of our release of the vehicle to you) that:
2.4.1. You must arrange suitable transportation for the vehicle when you collect it (e.g. car trailer).
2.4.2. We are entitled to remove the vehicle licence plates from the vehicle before collection. You should complete a SORN declaration for the vehicle and submit it to DVLA.
2.4.3. It will be a condition of your insurance that you are obliged to notify your insurers of all modifications to your vehicle. Failure to notify modifications to your insurers may result in your insurance being void.
2.4.4. Race Modified vehicles are unlikely to pass the emissions test required as part of the vehicle’s MOT.
2.4.5. It is a criminal offence to drive a vehicle that is either Race Modified or uninsured on a public road, and the commission of either offence could lead to a significant fine.
2.4.6. You hereby indemnify (and, for six years from the date of the release of your Race Modified vehicle to you, will keep indemnified) JF Automotive Ltd and its directors, officers and employees, from and against all costs, claims, losses and liabilities that we may incur (including reasonable professional fees) as the result of your breach of any of the conditions in paragraphs 1 to 5 above).
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Race Modifications
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Installing sport catalytic converters
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Installing de-cat exhaust pipes
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Removing Gasoline/Onboard particulate filters (software and/or hardware)
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Removing Diesel particulate filter (software and/or hardware)
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Fitting Louder Exhaust Systems
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Disable Adblue injection (software and/or hardware)
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Fitting aftermarket parts that impact emissions control
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Removing exhaust gas recirculation valve (software and/or hardware)
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Remapping/retuning Engine Management System (incl. Pops & Bangs re-map)
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Fit window tinting to front windows beyond the permitted amount
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2.5. Our tuning services guarantee : if you are unhappy with your Stage 1 Tune we will give you your money back provided you return the car to us in order that we can restore the original software to your ECU. This guarantee does not apply to other Stages of tuning, software updates, patches or dyno sessions.
2.6. If you are a Reseller, the Warranty Period for Goods or Services is 30 days from the date of delivery.
2.7. If the Warranty is breached, we will first perform remote trouble-shooting by telephone or email. We may need your assistance to ascertain if the issue can be resolved remotely or if a new part needs to be sent. If a component needs to be replaced, we will send a new part to you for you to swap out. If you do not wish to change the part yourself, you can ship that part or assembly of parts of the System that contains the Defective component back to us for replacement and return.
2.8. The Warranty will be invalidated (and we will not be liable under it) if, following delivery:
2.8.1. You modify or the vehicle was previously modified the Goods or attach or install third party components or products on your vehicle in addition to the Goods that are not approved by us.
2.8.2. Goods are damaged, whether accidentally or through your abuse or negligence.
2.8.3. You fail to comply with all instructions that we provide.
2.8.4. You use a third party who is not approved by us to carry out any installation or servicing. You should only install upgrades or replacement components under guidance from us or one of our authorised representatives.
2.9. All terms, conditions and warranties implied by statute (including the Sale of Goods Act 1979 and/or the Supply of Goods and Services Act 1982) are hereby excluded, provided that nothing in this clause shall operate to exclude any rights in favour of Consumers under any applicable legislation including the Consumer Protection Act 1987 or the Consumer Rights Act 2015.
2.10. Except as expressly provided otherwise in these T&Cs we are not liable in any circumstances for any financial loss, loss of profits, loss of business, loss of contract, loss of enjoyment, losses incurred as the result of third-party claims, consequential losses, or for any special or punitive damages, in each case whether foreseeable or not.
2.11. Our entire liability to you, in contract, tort (including negligence) or otherwise is limited to a maximum of the Price. You must notify any claim under the Contract to us within 12 calendar months of the date on which we delivered the Goods or Services upon which the claim is based. Any claims made after such date will be time barred.
2.12. Our pricing is predicated on the limitations of liability in these T&Cs and you acknowledge that: (i) this limitation represents an acceptable compromise between cost and risk; and (ii) you had the option to purchase (but did not) the opportunity to purchase our Extended Warranty service (which offers a higher level of warranty and peace of mind).
2.13. Nothing in these T&Cs applies to limit or exclude our liability to you for loss resulting from (i) death or personal injury resulting from our negligence or under any applicable product safety legislation (ii) breach of statutory conditions as to title or (iii) fraudulent misrepresentation.