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JF AUTOMOTIVE LTD is registered in England and Wales under Company No. 0765132 with registered office at Unit 31 Integra, Bircholt Road, Parkwood Industrial Estate, Maidstone Kent, ME15 9GQ
1. Interpretation and Formation
1.1. Throughout these T&Cs “we”, “our” and similar personal pronouns means JF Automotive Ltd (full details are set out above) and “you” and similar pronouns means you, the purchaser of Goods and/or Services from JF Automotive Ltd.
1.2. Words and expressions set out in title case in these T&Cs bear a specific meaning and are defined either in the body of the text or in the table below.
1.3. These Terms and Conditions (T&Cs), together with any order confirmation issued by us, form the entire agreement for the purchase of Goods or Services (defined below) to the exclusion of any other terms proffered by you. When you order Goods or Services you are making an offer to purchase those Goods or Services, which we may accept by issuing an order confirmation. The expression “order confirmation” means our confirmation of your order by letter, telephone or e-mail.
1.4. We supply Goods and Services to both commercial customers and Consumers (defined below). If you are purchasing Goods or Services as a Consumer, then certain provisions in these T&Cs may be modified or disapplied. Please see clause 6 for further details.
1.5. The contract for the purchase of Goods or Services is formed only when we issue the order confirmation to you and nothing set out on the Website or in any literature or promotional materials we may issue constitutes a contractual offer by us. You can request Goods or Services by telephone, e-mail, in person at our showroom or online via the Website. Our published prices do not constitute an offer to supply Goods or Services at those prices.
1.6. We are entitled to insist upon a written signature from an authorised signatory acknowledging acceptance of these T&Cs as a condition of despatch of Goods or booking Services; but absence of a written signature does not affect the incorporation of these T&Cs into the contract for the supply of Goods and/or Services.
1.7. We reserve the right to amend these T&Cs from time to time and any changes can be viewed on the Website. All orders placed by you will be subject to the version of the T&Cs prevailing at the time we issue our order confirmation.
1.8. Where Goods of a particular description become unavailable we may substitute similar Goods provided that, in our reasonable opinion, they are as suitable for your purpose as the Goods specified in your order.
The Website is made available for public viewing on the basis that we exclude to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of the Website or reliance upon the content of the website.
1.10. In these T&Cs, where the word including or the expression for example (or any similar expression) is followed by a list of examples, such words are illustrative only and are deemed to be followed by the words “but without limitation”.
1.11. References to any statutory or delegated legislation shall include such legislation as amended, consolidated, updated or modified from time to time.
1.12. The expressions in the left-hand column of the table below have the meanings set out opposite in in the right-hand column.
| Expression | Meaning |
| Bespoke or Custom | Where we agree to provide Goods or Services that are configured specifically for you or your vehicle. |
| Carrier | A third party contracted by us to transport the Goods you have purchased from our premises to yours |
| Consumer | Any person who purchases Goods other than in the course of a business and who is a UK Citizen (or is the citizen of any other country that is party to any treaty with the UK that guarantees that country’s citizens rights equivalent to those granted to citizens of the UK under the Consumer Protection Act 1987 or the Consumer Rights Act 2015) |
| Contract | The contract formed by your request for the supply of Goods or Services and our order confirmation, which incorporates and is subject to these T&Cs |
| Defect | In the case of: (i) Goods; any defect that renders the Goods substantially unfit for the purpose for which the Goods were purchased; or: (ii) Services; any failure to supply Services to a standard to be reasonably expected from a skilled provider of services similar to the Services. The expression Defective bears a corresponding meaning |
| Goods | Any parts that we supply as the result of a request from you |
| Insolvent | (i) you call a meeting of creditors or become the subject of a report or proposal to creditors, application, petition, arrangement or order under the Insolvency Act 1986 (unless for the purpose of a solvent restructuring, amalgamation or merger); (ii) a receiver is appointed over your property; (iii) the holder of any charge or other security over your property takes any step to enforce that security; or (iv) your property becomes the subject of distress, process, execution or a charging order |
| Price | The price of the Goods or Services that are the subject of the Contract |
| Reseller | Any person who buys Goods or Services from us and is not dealing as a Consumer. |
| Services | The tuning service and the supply of Software |
| Software | The software mapping algorithms we supply to change the behaviour of various sensors and controllers in your vehicle from the manufacturer’s standard installation to our own specifications. |
| Services | The tuning services we supply which are more particularly described in the Services Table below. |
| Warranty | Unless you have purchased a Warranty Extension, the applicable period described in clauses 2.5 or 2.6 (the Warranty Period(s)) within which we will resolve or repair any Defects at no cost to you. |
| Warranty Extension | The warranty available to cover engine and drivetrain failures following any Services supplied by us. Full details can be found on our Website. |
| Website | the website at https://jfautomotive.co.uk |
Tuning Services
Tuning Services are designed to increase your engine’s power output and response beyond the manufacturer’s original specifications. This carries a number of risks to the engine and drivetrain which increase in proportion to the additional power you request. In particular:
- We may recommend that we perform a stress-test your vehicle on our rolling road before any tuning services commence and we always road test your vehicle afterwards. Any latent defect, sensor fault or mechanical issue (that may not be apparent before the vehicle is tested) can appear during either these test and result in engine or drivetrain damage.
- If, in order to achieve Stage 2 and 3 tuning, it is necessary to remove the catalytic converter or diesel particulate filter, you acknowledge and accept that this will mean that it would be illegal to drive the vehicle on public roads as it will no longer meet the necessary MOT standards.
- Increasing engine power beyond the original manufacturer’s parameters will always run the risk that the engine or drivetrain will wear more quickly, will push components beyond their original factory design tolerances, or will cause a pre-existing defective or worn component to fail.
- We recommend that all customers purchase a Warranty Extension to cover any risk of damage to engine or drivetrain that might result from the increased power offered by our tuning Services.
| Tuning Service | Description | Risks |
| Stage 1 Tune | This is a software-only tune. The tuning software is configured to run on your car’s existing ECU and the resulting power increase is designed to be within the car manufacturer’s maximum design tolerances for the engine and gearbox drivetrain. | Small risk of engine or drivetrain damage during rolling road test due to latent or non-obvious pre-existing defect. |
| Stage 2 Tune | In addition to the supply of software this involves upgrading some or all of the following components to ensure that the engine will continue to run safely and reliably without excessive strain or wear: intercooler/charge cooler, air filter intake, exhaust. | May lead to additional strain and wear on the engine and drivetrain. Note removal of catalytic converter will mean the vehicle may only be used on a track or private land. |
| Stage 3 Tune | In addition to stage 2 tuning this involves fitting additional components including turbocharger, fuel injection system, fuel pump and sensors. | This service carries the highest risk of increased wear and component failure. |
| Pop and Crackle | This software controls the ignition timing and fuel injection systems, retarding the spark and delaying fuel shut-off on deceleration to generate ignition of small amounts of fuel during the exhaust stoke to create a series of small explosions (and therefore pops and bangs). | This will require an up-rated exhaust system before it can safely be installed. |
2. Warranty, Support and Limits of Liability
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:
(a) Goods: 12 months from the date of delivery unless extended by the manufacturer of the Goods.
(b) 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.
(C) Our Stage 1 Tune 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 Stage 2, Stage 3 tunes or other custom software tuning or software patches.
Your rights to claim under the Warranty are in addition to your statutory rights (see clause 5).
2.4. If you are a Reseller, the Warranty Period for Goods or Services is 30 days from the date of delivery.
2.5. 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.
2.6. The Warranty will be invalidated (and we will not be liable under it) if, following delivery:
(a) You modify 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.
(b) Goods are damaged, whether accidentally or through your abuse or negligence.
(c) You fail to comply with all instructions that we provide.
(d) 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.
2.7. 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.
2.8. 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.
2.9. 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.
2.10. 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).
2.11. 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.
3. Pricing and Payment
3.1. In the event that prices are changed during the period between the date that you place a request for Goods and the date that we issue our order confirmation, we will contact you prior to your order being dispatched with details of the revised price.
3.2. Prices on the Website are in GB pounds sterling and do not include VAT or import duty that may be applied by any country outside the UK.
3.3. Notwithstanding that we may have issued an order confirmation we may cancel an order or transaction in whole or in part at any time prior to dispatch.
3.4. Payment for the full Price is due when you place an order unless we specifically agree otherwise and must be made by Credit or Debit card, or direct wire bank transfer to the account that we nominate. You should note that, under UK export rules, if more than 3 months elapse between the date of your payment and the date of shipment of Goods to you, we may be obliged to raise an additional invoice for VAT at the prevailing rate in addition to the Price, which must be paid in full before we consign the Goods to the Carrier.
3.5. If we have agreed to dispatch Goods prior to payment, then payment is due by the date stated on the invoice we send you and in such a case:
(a) Title to the Goods does not pass to you until the Price is received by us in cleared funds; and
(b) If any payments are overdue or you become Insolvent, then your right to possession of the Goods shall cease automatically and we may without notice to you (i) suspend delivery of Goods due under any other Contracts we have with you until payment is received and (ii) enter any premises where the Goods are stored, sever the goods from anything they are attached to (without liability for any damage that results unless the damage results from our negligence) and retake possession of the whole or any part of the Goods.
3.6. We may maintain an action for the Price provided the due date for payment has passed, irrespective of delivery.
3.7. We may charge compensation for late payments at the rates and amounts prescribed from time to time under the Late Payment of Commercial Debts (Interest) Act 1998 and in addition shall be entitled to all reasonable costs incurred in recovering any unpaid sums.
3.8. Where parts of an order are not available we may invoice for those parts separately.
4. Shipping and Delivery
4.1. Shipping and handling costs will be added to the cost of the Goods unless otherwise indicated on our order confirmation.
4.2. All dispatch dates for Goods are estimates unless otherwise expressly stated or agreed in writing by us. We are not liable for any losses, costs, damages or expenses you may incur arising directly or indirectly out of the failure to meet any estimated delivery date.
4.3. You should use best efforts to be available to receive and sign for Goods on the date that either we or the Carrier notifies you that they will be delivered to you. If the Carrier attempts to deliver Goods but is unable to do so then the Carrier will leave a card with a reference telephone number for you to call to arrange delivery at a time that is convenient to you. If you are unable to take successful delivery within 14 days of the first delivery attempt, then the Goods will be returned to us and the shipping cost will be charged to you. Once the item is returned back to us you will need to pay an additional shipping fee before we will dispatch the item to you again.
4.4. You must inspect the Goods for any obvious damage that may have occurred in transit at the time of delivery and note any apparent damage on the Carrier’s delivery form or mobile device. We are not liable for damage caused in transit, but we will make reasonable efforts to claim for the cost of the Goods and all associated costs from the Carrier. Any failure by you to notify any damage within 48 hours of delivery may compromise our ability to recover such costs from the Carrier’s insurer.
5. Returns by Commercial and International Customers
5.1. If you receive Goods which do not match those that you ordered or are Defective you should contact us via the Website within 7 days of the date of delivery by the Carrier to arrange collection and return at our cost. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
5.2. If you incorrectly selected Goods we may, at our discretion, offer to replace such Goods with the Goods you intended to order, but we may charge administration costs and a re-stocking charge and you will have to pay the additional transportation costs (together with all relevant taxes and duties).
5.3. Returned Goods must be received by us in the same condition as they were when delivered, together with all accompanying packaging and documentation and in resalable condition.
5.4. We are not obliged to accept returns or exchanges of Bespoke Goods or services.
5.5. Your rights to return Goods under this clause are subject to our reasonable discretion and we may decline to accept a return or issue a refund where Goods: (i) have been subjected to abnormal environmental factors including mains power transients or dropouts, electromagnetic interference, extreme humidity or temperature, excessive vibration or electro-static damage; (ii) are damaged by chemical corrosion or water; or (iii) were sold at a discount. In such circumstances we can require you to pay for our investigations and any repairs required as a condition of the return.
6. Dealing as a Consumer
7. Software
6.1. If you are purchasing as a Consumer, then you have certain statutory rights which (amongst other things) gives you rights to change your mind and to have goods replaced or repaired free of charge for a limited period. Nothing in these T&Cs is intended to operate to adversely affect any of your statutory rights. If there is any conflict between your statutory rights and any term of these T&Cs then the term in these T&Cs will be deemed to apply only to persons who are dealing as a business and not as a Consumer. A non-exhaustive summary of the most important rights are set out below.
6.2. If you ordered Goods via the Website or by telephone without first physically inspecting them then you have the right to change your mind and cancel the Contract for up to 14 days from the date of delivery by the Carrier. In such a case you may still be liable for: (i) the costs of any Services provided to you up to the date of cancellation; and (ii) the costs of collection and return by a Carrier. Your right to cancel does not apply to Bespoke or Custom Goods or Services. If you decide to cancel your order you must notify us by email using the contact form on the Website.
6.3. You have the right to return Goods that are Defective at no cost to you in accordance with the terms of the Warranty.
6.4. If you incorrectly selected Goods we may, at our discretion, offer to replace such Goods with the Goods you intended to order, but we may charge administration costs and a re-stocking charge and you will have to pay the additional transportation costs (together with all relevant taxes and duties).
7.1. Software supplied to you may be owned by us or supplied by third party licensors. Some of our third-party licensors require you sign an End User Licence Agreement directly with them while others allow us the rights to licence their software to you. You must abide by the terms of any such software licences in addition to these T&Cs.
7.2. You must not modify, copy (except where such copying is incidental to normal use of the Software) or re-distribute or attempt to reverse engineer any Software except to the extent permitted by law to keep a back-up of the software or to maintain the software in any circumstances where the licensor fails to offer maintenance.
7.3. If you are a Reseller, we hereby licence you to re-sell the Software to your customers and to install the Software on the ECU of your customer’s vehicles but your rights to re-sell are restricted only to Consumers and you must not otherwise rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software.
7.4. If you are a Consumer, the Software is licenced to you personally and you must not assign, re-sell or otherwise transfer the Software to any other person except in the context of a sale of your vehicle to a third party.
7.5. Some third-party software licences are periodic or issued for a limited time period and you are responsible for renewing such licenses (either with us or directly with the third-party supplier) when renewals are due.
8. General
8.1. We may delay the performance of the Contract for as long as we are prevented from meeting any dates agreed with you because of any cause beyond our reasonable control.
8.2. We can terminate the Contract immediately (i) without notice if you become Insolvent (ii) on notice if the Contract becomes impossible to perform because of any cause beyond our reasonable control or (iii) on notice in relation to any part of the Goods if any information given by our suppliers which we relied on turns out to be inaccurate to the extent that it becomes unprofitable for us to supply those Goods to you.
8.3. The provisions of clauses 2.8 to 2.12 inclusive, 3.5 to 3.7 inclusive, this clause 8.3, clauses 8.5 to 8.9 inclusive and our rights to recover any unpaid part of the Price survive termination of this contract whatever the reason for termination.
8.4. If any of the terms of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.5. The Contract and any document expressly referred to in it represents the entire agreement between the parties and supersedes any prior agreement, understanding or arrangement whether oral or in writing.
8.6. Neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to entering into a Contract except as expressly stated in a Contract or any document expressly referred to in it.
8.7. Neither party has any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and a party’s only remedy shall be for breach of Contract.
8.8. No term of a Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
8.9. These T&Cs incorporate the terms of our Privacy Policy, which may be found on our Website. We may record telephone calls, and retain those recordings, for quality assurance and training purposes or to evidence the subject matter and details of any Contract. Call recordings will be governed by, and retained in accordance with, our Privacy Policy.
8.10. The Contract and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute or claim.
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