1. THE COMPANY
1.1 Kent Tuning Ltd is a company registered in England with Company Registration Number 12779485 (the “Company”). The Registered Office address 18.2 Wealden Forest Park, Herne Common, Herne Bay, Kent, United Kingdom, CT6 7LQ. References to Kent Tuning, “the Company”, “we”, “Our” and “us” throughout the Terms and Conditions refer to this Company.
HGVFuelSaving.co.uk is the trading name of Kent Tuning Ltd.
“Business Day” means, any day other than Saturday or Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the purchase and sale of Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your order for the Services, made via Telephone and / or Online;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“Price” means the price payable for the Services and/or Goods (as the case may be);
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for the Goods and/or Services; and
2. THE CONTRACT AND GOOD SPECIFICATIONS
2.1 These Terms and Conditions govern the sale of goods and Services by Us, via Telephone and / or Online or Physically; and will form the basis of the Contract between Us and you. Before submitting your Order, you should ensure that you have read these Terms and Conditions carefully.
2.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by our commencing the work and any payment made in advance.
2.4 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our sales people. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. Nothing, however, excludes Our liability for mistakes due to negligence on our part.
2.5 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
3. ORDERS FOR SERVICES (in Person or Distance)
3.1 All Orders made by you via Telephone and / or Online/ and or in person; will be subject to these Terms and Conditions.
3.2 You may change your Order at any time before commence the work by contacting Us. Requests to change Orders do not need to be made in writing but must be before any work is undertaken.
3.3 If your Order is changed, We will inform you of any change to the Price when you contact Us, and will confirm the change in writing.
3.4 If We cancel your Order and you have already paid for the Goods, the payment will be refunded to you within a maximum of 14 calendar days . If We cancel your Order, you will be informed in person.
4. SERVICES (Kent Tuning Ltd or HGVFUELSAVING.co.uk)
4.1 These Terms and Conditions will be binding between the Company and you, the customer, upon booking your vehicle in for work with us. Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
4.2 We need certain information from you, which is necessary for us to provide Services. Examples include the vehicle registration number, make, model and engine capacity of your vehicle. If you have not provided this information prior to your appointment, or if the details are incorrect, we will not be liable for any delay or non-performance.
4.3 It is the customer’s responsibility to ensure the vehicle is in correct working order without underlying faults. We make no representations or warranties that the Services and Goods we supply will not cause damage to your vehicle, owing to, but not limited to, an underlying fault or poor servicing. Prior to carrying out any software tuning to a vehicle, we will carry out a basic inspection. We do not make any representations or warranties that this inspection will identify all underlying defects of your vehicle which may cause your vehicle to fail after software tuning has been carried out. In circumstances where the condition of your vehicle is such that we advise you, that the carrying out of Our Services may cause damage to your vehicle over time, and you chose to proceed with Our Services, you do so at your own risk.
We may advise that you do not proceed if your vehicle has a high mileage or has been poorly maintained. Where an advisory notice is documented on this invoice, we accept no liability for any damage caused, directly or indirectly, to your vehicle, or any financial loss or expenses incurred by or imposed on or in connection with your use of Our Services.
4.4 We make no representations or warranties that Our Services will not expose or exacerbate a previously unknown fault or weakness with your vehicle, which may ultimately lead to an engine failure.
4.5 We make no representations or warranties that the use of Our Services will not invalidate any manufacturer or third party warranty you may currently have in place.
6. DEFECTIVE SERVICES
6.1 In the unlikely event that there is any defect with the Services we provide or we have supplied:
6.1.1 contact us and tell us as soon as reasonably possible;
6.1.2 give us a reasonable opportunity to repair or fix any defect; and
6.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable.
6.2 You will not have to pay for us to repair or fix a defect with the Services or Goods under this clause where the defect is a direct proven result of the Services we have provided and providing that you were not advised of issues with your vehicle prior to us carrying out the service.
6.3 We will not accept liability for any work carried out by a third party in circumstances where you have not afforded us the opportunity to rectify any defect in accordance with clause 6.1.
6.5 As a consumer, you have certain legal rights with respect to the purchase of Services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.
7. OUR LIABILITY
7.1 If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage to a vehicle (or its accessories or contents) that is a foreseeable result of Our breach of the Terms and Conditions or as a result of Our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and us at the time we entered into this contract. Loss or damage arising out of the circumstances in clause 5.4 is not a foreseeable event for the purposes of this clause.
7.2 We are not liable for any costs associated with recovering a vehicle that has broken down.
7.4 Subject to clause 7.5, Our liability to you for any direct loss, damage, cost or expenses shall be limited to the price you have paid for the Services that we have carried out on your behalf
7.5.5 defective Goods under the Consumer Protection Act 1987.
10. WARRANTY
10.1 We provide a one (1) year warranty on the software against any bugs, corruption or necessary updates. There may be a call out charge applicable if carried out by Our mobile Services, or an hourly rate.
10.2 For vehicles that are within their manufacturer’s warranty, we provide a money back guarantee which is valid for fourteen (14) calendar days following and including the day the work was carried out. Any refund issued under the guarantee is subject to a of £80 and an hourly rate of £50 per hour after the first hour (Inc. VAT) call out fee.
We provide the following warranty on:
10.2.2 the Services of Remapping and all other Software services related to the Remap.
10.2.3 on the Goods purchased as part of our Remapping service.
12. USE Of YOUR PERSONAL INFORMATION
12.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, General Data Protection Regulation 2016 and Our Privacy Policy.
12.2 We may use your personal information to:
12.2.1 Provide Our Good and Services to you;
12.2.2 Process your Order (including payment) for the Goods and/or Services; and
12.2.3 Inform you of new Goods and/or Services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
14. GENERAL
14.1 We may transfer Our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms and Conditions.
14.2 We may amend these Terms and Conditions periodically.
14.3 The Company shall have a general lien on all of your vehicle(s) and all of their contents for all monies owing to the Company by you on any account whatsoever.
14.4 We shall be entitled to reasonable storage charges if you do not pick you vehicle up within 30 days of delivering it to us.
14.5 We are not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its employees or agents. Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
14.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms.