OUR TERMS OF BUSINESS
Our Terms and Conditions set out here form a legal contract between ourselves and our customers. Our Terms and Conditions regulates our business relationship.
Be advised that ownership of any goods or services provided by Ecutech LTD remains with us until full payment has been received. Until such time, the customer shall hold the goods or services as a bailee only and shall take reasonable steps to protect and preserve them. If payment is not received in full within the specified timeframe set out below, we retain the right to take legal action to recover the goods or services, including but not limited to, exercising our right to repossession. This provision shall not affect any of our other rights or remedies available under law or contract in respect of any outstanding amounts due to us.
TERMS
1 :1- LIABILITY– We shall not be held liable for any loss or damage arising from our services or any products provided by us.
1:2- The customer shall be responsible for ensuring that any vehicles or equipment serviced or repaired by us are safe to operate and comply with all applicable laws and regulations.
2:1- UNPAID INVOICES– Please be advised that we retain the right to dispose of or sell any goods that have been invoiced but not settled within 7 (Severn) calendar days from the date of invoice. This action may be taken at our discretion and without further notice to the customer.
2:2- The customer shall be liable for any costs or expenses incurred by us as a result of such action. The retention of this right does not waive any of our other rights or remedies available under law or contract in respect of any outstanding amounts due to us.
2:3- Overdue payments will incur a 5% surcharge of the final invoiced amount (per day) overdue, for a maximum of 14 (Fourteen) days from the invoiced date, then any invoiced items will be disposed of, sold or other as we see fit. We will email you on the 7th (Seventh) day with your updated invioce including the revised amount. If the invoiced amount is still not settled in this time, we will then email you a final reminder on the 14 (Fourteenth) day with the revised amount. If the invoice is still outstanding 7 (Seven) days after this date we will commence legal action to recover the final invoiced amount.
3:1- UNDERTAKING WORK– Please be advised that we reserve the right to refuse any work requested by a customer. We also retain the right to exercise discretion in deciding which work to undertake.
3:1- Any work carried out is subject to our internal policies and procedures and may be based on various factors, including but not limited to, the nature of the work, available resources, and compliance with applicable laws and regulations.
3:2- We shall not be held liable for any loss or damage arising from our refusal to perform any requested work or our exercise of discretion in carrying out any work.
4:1- CLOUD SERVER– Be advised that access to our Cloud Server is solely at our discretion. We reserve the right to deny access to the Cloud Server without notice or explanation.
4:2- The decision to provide access is subject to our internal policies and procedures and may be based on various factors, including but not limited to, security concerns, user authentication, and compliance with applicable laws and regulations.
5:1- WARRANTY– Any electronic control unit (ECU) or module presented to us that has been previously opened will not be covered under warranty by our company.
5.1(a) For modules that have been previously opened to which we have carried out work on, there will be a six (6) digit security seal applied to the module. No warranty whatsoever is given as per section 5:1.
5:1(b) For modules that have not been previously opened since factory to which we have carried out work on, there will be an “anti tamper void if removed” security seal.
5:2- Similarly, any ECU or module returned to us with damaged anti-tamper seals will also be void of any warranty from us.
5:3- It is the responsibility of the customer to ensure that the ECU or module remains in its original state and any attempts to open or tamper with it will result in the loss of any warranty from our company.
5:3(a) For remote work, It is the customers responsibility to ensure there are no other contributing faults on the vehicle.
5:4- We provide a limited warranty for all services performed and parts provided by us.
5:5- The warranty period and terms and conditions are subject to change at our discretion.
5:6- Any warranty claims must be submitted in writing within the specified time frame, which is one (1) calendar month from the invoice date and in accordance with the terms and conditions of the warranty.
6:1- ECU TESTING– Please be advised that any module provided to us for testing purposes will be considered to be faulty, unless otherwise indicated by us in writing.
6:2- If a module under test has been found faulty or not faulty, then this wording will be written on the customers invoice. It is the responsibility of the customer to determine whether or not to refit and use a faulty module on their vehicle.
6:3- Ecutech LTD hereby disclaims any liability for any damages to property or individuals that may result from the use of such modules.
6:4- By engaging in our testing services, you explicitly agree to these terms and conditions.
7:1- REGENERATION – Prior to performing any Diesel Particulate Filter (DPF) regeneration services, our company requires a waiver to be signed by the customer.
7:2- This waiver absolves us from any responsibility for damage to the vehicle, property or individuals.
7:3- We reserve the right to refuse to regenerate any vehicle.
7:4- We will conduct basic checks prior to the regeneration service; however, it is the responsibility of the customer or the owner of the vehicle to ensure proper maintenance and upkeep of the vehicle.
8:1- TUNING– In accordance with legal regulations and as a standard practice for our services, we require that our customers sign a waiver prior to any tuning work being performed. This can be either downloaded from our website or given to in person.
8:2- This waiver is necessary to absolve our company from any potential damages or nuisance that may occur to the vehicle, property, or individuals during or at any time after the tuning process has been completed. Our commitment to operating in a responsible and lawful manner necessitates that we obtain such a waiver before undertaking any tuning work.
8.3- With remote tuning, it’s the customers responsibility to ensure their vehicle is in a satisfactory condition to be tuned. The customer should also understand the extra stresses and strains tuning puts on various systems of their vehicle. Service intervals should be halved. Ecutech Diagnostics LTD will bear no blame for any vehicle, property or persons damaged or injured due to poor upkeep of the vehicle.
9:1- CALL OUT– Please be advised that in accordance with our company policy, the call-out charge is required to be paid in full prior to the scheduled appointment.
9:2- Any alternative arrangements to this policy must be agreed upon by both parties in writing prior to the appointment.
10:1- DISPUTE RESOLUTION– Any disputes or claims arising from our services or products shall be resolved through arbitration in accordance with the rules of the applicable arbitration organization.
10:1- The customer agrees to waive their right to a trial by jury and any class action or representative action.
11:1- GOVERNING LAW– These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the company is located, namely the United Kingdom.
11:2- Any legal actions arising from these terms and conditions shall be brought in the courts of the jurisdiction in which the company is located.
12:1- TERMINATION– We retain the right to terminate any work order or contract at any time for any reason.
12:2- The customer shall be responsible for any costs or expenses incurred by us as a result of such termination.
13:1- CONFIDENTIALITY– Any information provided by the customer, including but not limited to, digital text, voice, pictures or moving video sent to us shall be kept confidential and not disclosed to any third party, as set out in our Data Terms, unless required by law or authorised by the customer.