Terms and Conditions of Service for APA Performance Ltd
By engaging APA Performance Ltd for vehicle repair, service, inspection, or any related work, you ("the Customer," "you," or "your") agree to be bound by the following Terms and Conditions. Please read them carefully.
1. Acceptance of Work and Quotations
1.1. Quotations: All quotations provided by the Garage are valid for 7 days from the date of issue. Quotations are estimates based on the information available at the time and may be subject to change if additional work or parts are required.
1.2. Authorisation: Work will only commence upon your explicit authorisation, either verbally, in writing, or via electronic communication.
1.3. Additional Work: If, during the course of repairs, additional work or parts are deemed necessary, we will contact you for authorisation before proceeding. Any additional work or parts not initially quoted will be charged separately. If you decline authorisation for additional necessary work, the Garage reserves the right to decline to complete the original work if, in our professional opinion, proceeding would compromise safety or the integrity of the repair.
1.4. Diagnostic Charges: Diagnostic charges may apply even if no further work is authorised or undertaken. This will be communicated to you prior to commencement.
2. Payment Terms
2.1. Full Payment: Full payment for all work performed, parts supplied, and any associated charges (e.g., diagnostics, disposal fees) is due upon completion of the work and prior to the release of the vehicle.
2.2. Payment Methods: We accept payment by credit/debit card, bank transfer & cash.
2.3. Late Payment: Without prejudice to any other rights we may have, if payment is not made on the due date, we reserve the right to charge interest on the outstanding amount at a rate of 8% per annum above the Bank of England base rate, calculated daily, from the date due until the date of actual payment.
2.4. Lien: The Garage retains a legal lien on your vehicle and its contents until all outstanding charges for work performed and parts supplied are paid in full. We reserve the right to hold your vehicle until payment is received.
2.5. Storage Charges: If the vehicle is not collected within 7 working days after notification of completion and availability for collection, we reserve the right to charge a daily storage fee of £25 per day
3. Warranty on Parts and Labour
3.1. Parts: New parts supplied by the Garage are covered by the manufacturer's warranty, which is typically [e.g., 12 months or 12,000 miles, whichever comes first]. This warranty is subject to the manufacturer's specific terms and conditions.
3.2. Labour: All labour performed by the Garage is warranted against defects in workmanship for a period of 3 months or 3,000 miles, whichever comes first from the date of completion.
3.3. Exclusions: This warranty does not cover: * Normal wear and tear. * Damage caused by misuse, negligence, accident, or modifications made by you or a third party after the work was completed. * Issues arising from customer-supplied parts (see Section 4). * Work not authorised by the Garage. * Further damage that occurs after the completion of initial repairs, where the Garage advised further necessary repairs that were declined by the Customer.
3.4. Warranty Claims: Any warranty claim must be reported to the Garage as soon as the issue is discovered. We reserve the right to inspect the vehicle and carry out any necessary repairs under warranty. Any work carried out by a third party without our prior written consent may void this warranty.
4. Customer Supplied Parts
4.1. Responsibility: If you choose to supply your own parts for installation by the Garage:
- The Garage accepts no responsibility or liability whatsoever for the quality, suitability, compatibility, performance, or longevity of customer-supplied parts.
- The Garage offers no warranty on labour performed using customer-supplied parts. Any issues arising from the fitment or failure of such parts, even if occurring shortly after installation, will not be covered by our labour warranty.
- The Garage accepts no responsibility for any damage caused to your vehicle or to customer-supplied parts during installation, where such damage is attributable to the part itself (e.g., poor manufacturing tolerances, fragility).
- Any additional labour or diagnostic time required due to a fault, poor fit, or incompatibility of a customer-supplied part will be charged at our standard hourly rate.
- The Garage reserves the right to refuse to fit customer-supplied parts if, in our professional opinion, they are unsafe, incorrect, or of demonstrably poor quality. In such cases, standard diagnostic or disassembly charges may still apply.
4.2. No Guarantee: We provide no guarantee that fitting customer-supplied parts will resolve the original fault or be a lasting repair.
5. Scope of Tuning Services
5.1. Definition: "Tuning Services" refers to any modifications, alterations, or adjustments made to the Vehicle's engine control unit (ECU), engine components, drivetrain, or associated systems, intended to increase performance, change driving characteristics, or alter factory settings. This includes, but is not limited to, ECU remapping, chip tuning, and performance part installation.
5.2. No Guarantee of Outcome: While we will exercise reasonable care and skill in performing the Tuning Services, we provide no guarantee as to the specific horsepower, torque gains, or fuel economy improvements that may be achieved. Results can vary significantly based on the Vehicle’s condition, mileage, maintenance history, and existing modifications.
6. Customer Acknowledgement of Risk and Liability
6.1. Liability Transfer: The Customer expressly acknowledges and agrees that the Tuning Services carry inherent and elevated risks beyond standard mechanical repair. By proceeding, the Customer accepts full and sole responsibility and liability for any issues, malfunctions, failures, or damages that may occur to the Vehicle or its components during or after the performance of the Tuning Services.
6.2. Waiver of Claims: The Customer agrees to waive all claims against APA Performance for any consequential damage, direct loss, or costs incurred relating to the failure of the Vehicle's engine, drivetrain, clutch, turbocharger, ECU, or any other component that occurs subsequent to the Tuning Services.
6.3. Cost Responsibility: The Customer is solely responsible for all costs relating to diagnostics, recovery, repairs, replacements, and labour incurred due to any failure, issue, or malfunction that arises following the Tuning Services, irrespective of the cause.
6.4. Indemnity: The Customer agrees to indemnify and hold harmless APA Performance against all claims, liabilities, costs, and expenses (including legal fees) arising from the use or malfunction of the tuned Vehicle.
7. Warranty and Insurance Implications
7.1. Manufacturer Warranty Voidance: The Customer acknowledges and understands that performance tuning will almost certainly void the Vehicle's original manufacturer’s warranty (both powertrain and potentially extended warranties) and any associated insurance coverage provided by the Vehicle supplier.
7.2. Insurance Notification: The Customer is solely responsible for immediately notifying their insurance provider of all performance modifications and verifying that the Vehicle remains insured. Failure to do so may result in the voidance of the insurance policy.
7.3. Emissions and Legality: The Customer is responsible for ensuring that the Vehicle complies with all local road traffic laws, emissions standards, and MOT/Inspection requirements following the Tuning Services. The Customer agrees that [Your Company Name] has made no representation or warranty regarding the road legality of the tuned vehicle.
8. Pre-Tuning Vehicle Condition
8.1. Customer Warranty: The Customer warrants that the Vehicle is in sound mechanical condition, is regularly maintained, and has no existing faults, damages, or deficiencies (known or unknown) that would be exacerbated by the Tuning Services.
8.2. Pre-Tuning Checks: While APA Performance may perform basic diagnostic checks prior to tuning, these checks are not a guarantee of the Vehicle's internal condition. The Customer acknowledges that any pre-existing component wear (such as clutch wear, turbocharger fatigue, or engine carbon build-up) may be highlighted or accelerated by the increased performance demands placed on the Vehicle during and after tuning.
9. Customer-Supplied Software/Files
9.1. If the Customer supplies their own tuning files or software, the disclaimers in Section 2 (Liability Transfer) are magnified. The Customer assumes absolute and total responsibility for the integrity, safety, legality, and effectiveness of the supplied software, and indemnifies APA Performance against any damage or claim arising from its use.
10. Vehicle Collection and Disposal
10.1. Collection: You will be notified when your vehicle is ready for collection. Vehicles must be collected during our standard business hours. 5.2. Unclaimed Vehicles: We reserve the right to dispose of any vehicle not collected within [e.g., 30] days of notification, after making reasonable efforts to contact you. You will remain liable for all outstanding charges, including repair costs, storage fees, and disposal costs.
11. Vehicle Contents
11.1. The Garage accepts no responsibility for the loss or damage to personal items left in your vehicle. Please remove all valuables and personal belongings before leaving your vehicle with us.
12. Limitations of Liability
12.1. We will exercise reasonable care and skill in performing our services. However, we shall not be liable for any loss, damage, or delay arising from circumstances beyond our reasonable control (e.g., adverse weather, road closures, supplier delays). 7.2. Our total liability for any claim arising out of or in connection with the services provided shall not exceed the total value of the services rendered for that particular work. 7.3. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.
13. Data Protection
13.1. We will collect and process your personal data in accordance with our Privacy Policy and applicable data protection laws. Your data will be used primarily for the purpose of providing services to you, billing, and communication.
14. Governing Law and Jurisdiction
14.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
14.2. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Amendments
15.1. We reserve the right to amend these Terms and Conditions at any time. The most current version will always be available on our website or upon request. Continued use of our services after any amendments constitutes acceptance of the new Terms and Conditions.
APA Performance Ltd
10 St James Rd,
Corby NN18 8AL
www.apaperformance.co.uk
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