Terms and Conditions

Terms and conditions 

These terms and conditions (the “Conditions”) apply to the purchase of Services (as defined below) by you (the “Customer”) from Custom Tuning (Aberdeen) Limited, a limited company incorporated in Scotland with company number SC717005 and having its registered office address at Bay 2, Unit 5c Marywell Commercial Park, Marywell, Aberdeen, Scotland, AB12 4SB (the “Supplier”). 

By placing an order with us or requesting our Services the Customer confirms that they have read and agree to these Conditions. 

• Definitions and interpretations 

• In these Conditions, the following words and expressions have the following meanings: 

• “Charges” means the charges for the Services including parts and labour; 
• “Contract” means the contract between the Customer and the Supplier comprising these Conditions and the agreed Order; 
• “Consumer” means an individual who purchases the Services for purposes wholly or mainly outside that individual’s trade, business, craft or profession; 
• “ECU” means a Vehicle’s electronic control unit; 
• “Manufacturer” means the manufacturer of a Vehicle and/or its component parts; 
• “Order” means an Order for the Services from the Supplier placed by the Customer in writing or verbally and confirmed by the Supplier in writing; 
• “Services” means any manner of repair, servicing, tuning, diagnosis, modification or maintenance of a Vehicle or any component part of a Vehicle; 
• “Vehicle” means the Customer’s vehicle for which the Services are to be provided being a car, van, motorhome or motorcycle. 

• In these Conditions: 

• a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns; 
• a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns; 
• a reference to a gender includes each other gender; 
• words in the singular include the plural and vice versa; 
• any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words; 
• clause, schedule or other headings in these Conditions are included for convenience only and shall have no effect on the interpretation of the Contract; and 

• a reference to any legislation or legislative provision is a reference to it as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of the Supplier under the Contract. 

• If there are any conflicts between the terms of these Conditions and the terms of an Order, the terms of the Order shall prevail strictly to the extent of the conflict. 

• Disclaimer 
• ALL CUSTOMERS ARE ENCOURAGED TO READ THIS CLAUSE CAREFULLY WHERE YOU INTEND TO ORDER CUSTOM ECU TUNING OR MODIFCATION SERVICES. 

• By placing an Order for Services which involve any custom tuning of a Vehicle’s ECU or any physical modifications, the Customer acknowledges and agrees it has read, understood and agrees to the following provisions of this clause 2. 
• Physical modifications or tuning undertaken on a Vehicle may render it unsuitable or illegal for use on roads in the United Kingdom or in other jurisdiction(s).  If the Customer requests these Services, it is responsible for ensuring it is aware of and complies with the requirements for on-road vehicle use as required by the Road Traffic Act 1988 and the Road Vehicles (Construction and Use) Regulations 1986 in the UK and with any and all applicable local or state laws in any other jurisdiction in which the Vehicle is to be used.  The Customer acknowledges and accepts that in requesting any modification or ECU tuning Services, it is responsible for ensuring that it is aware of the requirements for legality of the use of modified Vehicles on-road. 
• The Supplier reserves the right to reject any Order or refuse to perform any Services where it knows or reasonably suspects that the Services requested would be unlawful for the Supplier to provide pursuant to the Road Traffic Act 1988 and/or the Road Vehicles (Construction or Use) Regulations 1986. 
• If the Customer represents to the Supplier that any requested Services are for the purposes of off-road Vehicle use, experimental track development or research and development purposes, the Supplier may agree to provide these Services, which would render a Vehicle unsuitable and/or illegal for on-road use.  If the Customer subsequently uses the Vehicle onroad without first restoring the Vehicle to a road legal condition, the Supplier shall have no liability to the Customer for any costs, claims, actions, fines or expenses it incurs for doing so.  The Supplier recommends that where such modifications are to be made, the Customer arranges for transport to move the Vehicle from the Supplier’s garage to ensure it is not driven illegally on a road or public highway. 
• Vehicle modifications may invalidate the terms of the Customer’s hire purchase contract or a personal contract purchase in respect of the Vehicle.  If the Vehicle is subject to a hire purchase or personal contract purchase, the Supplier advises that the Customer seeks approval from the party within which it has a hire purchase or personal contract purchase arrangement for any modification or tuning to be undertaken by the Supplier.  The Supplier is not responsible or liable to the Customer or any third party for any liability arising in respect of the same. 
• The Customer is responsible for ensuring that any modification to its Vehicle does not invalidate the terms of its insurance policy.  The Customer should seek approval form their insurer(s) in respect of the Vehicle to ensure this is the case before the Services commence and the Supplier shall not be responsible or liable to the Customer or any third party for the Customer’s failure to do so. 
• Modification or ECU tuning Services may void the Manufacturer’s warranty for the Vehicle or its component parts.  It is the Customer’s responsibility to ensure that it understands what may or may not void a Manufacturer’s warranty and in requesting modification or tuning Services it accepts this risk. 
• While the Supplier may advise the Customer on modification and tuning Services, it is at the Customer’s option to specify what it requires for such Services.  Such Services may affect a vehicle’s performance, weight and overall construction, which may place the Vehicle and the components making up the Vehicle under increased stress and may require more frequent maintenance, repair and component replacements in order to maintain the Vehicle in a safe and operational condition.  The Customer by requesting such Services acknowledges that it is aware of and accepts this risk. 

• Estimates, Orders and formation of contract 

• Any quotation given by the Supplier is not a binding offer to supply Services and is not an offer capable of acceptance by the Customer.  All quotations are estimates of the likely Charges for the Services and shall only remain valid for [14 days] from the date they are given by the Supplier. 
• All quotations are given by the Supplier based on the current prices at the time the estimate is given.  The Supplier reserves the right to increase any quotation if the Supplier’s costs for obtaining goods and/or services required to perform the Services increases between the time a quotation is issued and an Order is placed. 
• When the Customer places an Order this is an offer the purchase Services subject to the Contract including these Conditions. 
• If the Supplier is unable to accept an Order it will notify the Customer of the same as soon as reasonably practicable. 
• The Supplier may accept or reject an Order at its discretion.  No obligations to provide any Services will arise until the earlier of (a) the Supplier’s acceptance of the Order either verbally or in writing (including by email); or (b) the Supplier performing the Services or notifying the Customer that they are ready to be performed. 
• Rejection of an Order including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Customer. 
• No variation of these Conditions or to an accepted Order or Contract shall be binding on the Supplier unless expressly agreed to in writing by the Supplier and all variations to an Order or Contract are subject to any revised Charges required as a result of any additional or amended Services or additional components required to accommodate the change. 

• Consumer rights 

• The provisions of this clause 4 only apply where the Customer is purchasing the Services as a Consumer. 
• If the Customer is purchasing Services as a Consumer, it has the right to cancel the Contract within 14 days of the conclusion of the Contract.  However, if the Customer has requested that the Services be provided during this cancellation period and these Services are fully performed within the cancellation period, the Contract cannot be cancelled and the Customer will be required to pay for the Services performed. 
• If the Customer requests the Supplier to commence the Services during the 14 day cancellation period and cancels during the cancellation period, the Supplier is entitled to charge you for the Services performed (in whole or in part) up to the time of cancellation. 
• If the Customer wishes to exercise its right to cancel, it must clearly notify the Supplier of the same.  This can be done by sending the Supplier a letter, an email or by contacting the Supplier using the contact details set out on its website at https://www.custom-tuning.uk/.   
• If there are any defects in the Services the Customer must notify the Supplier and give the Supplier a reasonable opportunity to repair or reperform any defective Services at no additional cost to the Customer.  If, before notifying the Supplier that any Services are defective, the Customer has any third party services undertaken on the Vehicle, the Supplier shall not be liable to the Customer to reperform or refund the Charges for any Services. 

• Performing the Services 

• The Customer is responsible for ensuring that the Vehicle is in correct working order without underlying faults prior to the Services commencing.  The Supplier makes no representations or warranties that the Services and any parts or other products supplied by the Supplier will not cause damage to the Vehicle including but not limited to any underlying faults in the Vehicle or resulting from any prior servicing.  The Supplier will make reasonable endeavours to inspect and alert the Customer to any faults in the Vehicle prior to commencing the Services but does not warrant or represent that such inspection will identify all faults or defects which may affect the provision of the Services or the Vehicle. 
• The Supplier will endeavour to complete the Services by the date and/or time agreed with the Customer or, where no time is agreed, within a reasonable period of time, but for the avoidance of doubt time of performance shall not be of the essence. 
• If the Services are to be carried out on a Vehicle which is the subject of an insurance claim, the Customer (or the policyholder if they are not the same person) may be required to sign documents required by the insurer to authorise payment to the Supplier for the Services prior to the Supplier commencing the Services. 
• When performing Services the Supplier may be affected by events beyond its reasonable control which delay the commencement or performance of the Services.  In this case the Supplier will make reasonable efforts to limit the effects of such events and keep the Customer informed of the circumstances and will attempt to commence or resume the Services once no longer affected by these circumstances.  Examples of events which might by the Supplier’s reasonable control include without limitation: 

• the Customer requests a change to the Services which requires the Supplier to do extra work or wait for extra materials; 
• the Supplier has to wait for the Customer’s other service providers to complete their work before the Services can commence or progress; 
• materials required for the Services are not delivered at the agreed time and the Supplier cannot obtain replacement materials within a reasonable time or without incurring significant cost; 
• there are issues with the Vehicle which become apparent which prevents the performance of the Services; 
• where the Customer has requested Services to be performed at a location of its choice, the location is not suitably prepared or there are unsuitable conditions at the location to enable performance of the Services. 

• Where the Customer requests ECU tuning Services to be performed on a Vehicle’s ECU by sending the ECU in the post, the Customer is responsible for ensuring that the ECU is securely and safely packaged for transit and sent to the location agreed to by the Supplier in the Order.  Once the ECU tuning Services are completed, the Supplier will contact the Customer to arrange for the collection of the ECU by the Customer or the return of the ECU to the Customer.  If the ECU is agreed to be returned by post or other third party delivery service, this is at the Customer’s risk and the Customer acknowledges and agrees that the Supplier shall not be liable for any damage, loss or destruction of an ECU whilst not at the Supplier’s premises, including whilst in transit to or from the location of performance of the Services. 

• Charges and payment 

• The Supplier will inform the Customer of the basis for calculating the Charges for the Services at the time the Order is placed. 
• The following applies in respect of Charges: 

• if the Customer is purchasing Services as a Consumer, all Charges shall be inclusive of VAT; or 
• if the Customer is not a Consumer (a) all Charges shall be exclusive of VAT, which shall be paid by the Customer at the prevailing rate; and (b) if Charges are not paid in full by the date stated on the Supplier’s invoice the Supplier reserves the right to charge interest on overdue sums at a rate of 4% above the base rate of the Bank of Scotland from time to time in force, accruing daily from the due date until the actual date for payment, whether before or after judgment. 

• All Charges exclude any costs for any Services, components, parts or callout or ECU delivery fees unless agreed to in the Order. 
• Payment of the Charges may be made by credit card, debit card or finance.  If payable by finance, the maximum period for which such finance may be made available is four (4) months and payable in four (4) equal instalments unless agreed to otherwise in writing by the Supplier. 
• If the Customer does not collect their Vehicle within 7 days following the Supplier notifying the Customer of the completion of the Services, the Supplier reserves the right charge the Customer its reasonable costs incurred for storage of the Vehicle. 

• Limitation of liability 

• Any contents left within a Vehicle are done so entirely the Customer’s risk.  The Supplier shall not be responsible or liable to the Customer for any loss of or damage to Vehicle contents and Customers are advised to remove all contents form Vehicles prior to the Services commencing. 
• Subject to clauses 7.3 and 7.4, the Supplier’s total liability to the Customer shall not exceed the Charges payable by the Customer for the Services. 
• Other than any losses which cannot be excluded under applicable laws in the United Kingdom, the Supplier excludes all responsibility and liability to the Customer for (a) any representation made by the Supplier (unless the same is made fraudulently); (b) any implied warranty, condition or other term; (c) any indirect, consequential or special losses; or (d) any liability of the Customer incurred by reason of their use or resale of any Vehicle or any component parts thereof. 
• Nothing in these Conditions or the Contract shall exclude the Supplier’s liability for (a) death or personal injury arising from the Supplier’s negligence; (b) fraud or fraudulent misrepresentation; or (c) any losses which cannot be excluded under applicable laws in the United Kingdom. 

• Contact information 

• The Customer’s personal information will be used for the purposes of: 

• providing the Services; 
• processing payment of the Charges and any additional costs; 
• notifying the Customer of similar Services (which may be opted out of at the Customer’s request). 

• The Customer is responsible for ensuring any personal or contact information given to the Supplier remains accurate, complete and up-to-date and the Supplier shall not be liable for the Customer’s failure to inform the Supplier of any changes to their personal information. 
• Any questions or complaints relating to the Contract or the Services should be directed to the following points of contact: 

• by email: contact@customtuning.co.uk; 
• by telephone: 07377 442829 
• by post: Bay 2, Unit 5c Marywell Commercial Park, Marywell, Aberdeen, Scotland, AB12 4SB. 

• General 

• The Supplier reserves the right to make changes or updates to these Conditions at any time before an Order is accepted making these available to the Customer either via the Supplier’s website at www.custom-tuning.co.uk or by providing these directly to the Customer..  Any changes to these Conditions will not affect any Contract which is current at the time the updated Conditions take effect. 
• The Supplier reserves the right to assign its rights and obligations under the Contract to any third party on giving the Customer prior notice of the same.  The Customer’s statutory rights shall not be affected by any such transfer. 
• A person who is not a party to the Contract shall not have any rights under the Contract (Third Party Rights) (Scotland) Act 2017 or otherwise to enforce any terms under these Conditions or the Contract. 
• If any provision of these Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Conditions will not be affected. 
• Any delay or refusal by the Supplier in exercising any right or remedy it has by law or under these Conditions will not be deemed a waiver of any such right or remedy and shall not restrict or preclude any future exercise of that or any other right or remedy. 
• Any partial exercise by the Supplier of any right or remedy it has by law or under these Conditions will not prevent any future exercise of any such right or remedy and shall not restrict or preclude any future exercise of any other right or remedy. 
• These Conditions and each Order and Contract shall be governed by and construed in accordance with the laws of Scotland.  Any dispute, action, claim or proceeding arising out of or in connection with these Conditions, an Order, a Contract or the Services shall be subject to the exclusive jurisdiction of the courts of Scotland.