ECU Remap and Tuning Terms and Conditions
COAST 4X4 LTD TERMS OF TRADE FOR TUNING SERVICES
- Payments
All payments shall be made before the vehicle leaves the workshop – there are no exceptions.
Pricing
Coast 4x4 Ltd reserves the right to change the price of goods or services requested by the customer if:
- Goods or Services requested are changed; or
- Goods or Services originally contracted for are changed; or
- In the event of increases in costs to Coast 4x4 Ltd with respect to labour, goods or services that are beyond their control.
In any case, Coast 4x4 Ltd retains to change pricing from time to time as it sees fit by giving the customer verbal notice before starting the work.
- Services
Services shall include all labour, parts, expenses and sub-contractors’ services supplied by Coast 4x4 Ltd
- ECU Programming and Tuning
Coast 4x4 Ltd does not take any responsibility for failure of ECUs or any electronic part during OBD or direct connection reads or writes or guarantee any communication protocols. Any costs due to failed writes are not covered by Coast 4x4 Ltd.
Travel time and cost to rectify failed ECU writes or updates to a vehicle’s engine software because of Vehicle servicing or OEM dealer updates are not covered in the normal cost of Goods or services provided.
Coast 4x4 Ltd does not accept any liability or responsibility whatsoever for vehicles where emissions solutions, defeats or deletes have been requested by the customer. If an engine or any other component or system fails, this is not a responsibility that Coast 4x4 Ltd covers.
Under no circumstances shall Coast 4x4 Ltd its employees or directors be liable for any direct or consequential damages whatsoever arising from Goods or services provided by Coast 4x4 Ltd, its agents or suppliers.
- General
These terms of trade shall apply to all goods and services sold to the customer.
If any provisions of these terms are unenforceable, that term will be deemed modified to the extent necessary to make it enforceable or if modification is impractical, the provision will be deemed deleted but without affecting the remainder of these terms.
These terms may only be varied by the written agreement of Coast 4x4 Ltd
These terms shall be governed by and construed in accordance with the laws of New Zealand.
- Consumer Guarantees Act
Where Coast 4x4 Ltd supplies the goods and services to the customer for the customer’s use in a business for the purpose of the business, the customer agrees that the Consumer Guarantees Act does not apply. Where Coast 4x4 Ltd supplies the product and services to a customer as a consumer as defined in the Consumer Guarantees Act for a non-business purpose, the Consumer Guarantees Act will apply and prevail over any contrary provision in these terms and conditions.
- Resolving Disputes
Coast 4x4 Ltd and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:-
- Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and
- If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration Act 1996 and any amendments.
Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.