Terms of service

1. These Terms

1.1 What these terms cover
These are the terms and conditions on which we supply services to you.

1.2 Why you should read them
Please read these terms carefully before submitting your order or sending your unit to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think there is a mistake in these terms please contact us to discuss it.

1.3 Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

1.3.1 You are an individual; and
1.3.2 You are buying services from us wholly or mainly for your personal use and not for use in connection with your trade, business, craft or profession.

1.4 If you are a business customer this is our entire agreement with you
If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms, and you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

2. Information About Us and How to Contact Us

2.1 Who we are
We are The Vehicle Check Ltd, a company registered in England and Wales under company number 16222465. Our registered and operating address is Office 13, 25 Mollison Avenue, Enfield, EN3 7LW.

2.2 How to contact us
You can contact us by telephoning 0203 489 2610 or by emailing info@thevehiclecheck.co.uk.

2.3 How we may contact you
If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided when submitting your order or unit.

2.4 "Writing" includes emails
When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contract With You

3.1 How we will accept your order
Our acceptance of your order will take place when we call, write or email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you by phone or in writing and will not charge you. This might be because the unit or fault type is outside our current service range, due to unexpected limits on our resources, or because of an error in pricing or description.

3.3 Your job reference number
We will assign a job reference number to your order and tell you what it is when we accept it. Please quote this number whenever you contact us about your unit.

4. Our Services

4.1 The Vehicle Check provides specialist automotive electronics services including:

• Mechatronic unit repair and cloning
• Clutch actuator repair and cloning
• Ford ACM amplifier repair
• BCM and BSI cloning
• ECU cloning
• TCM cloning
• ECU repair (Honda, Kia, Hyundai and other makes as quoted)
• Automotive module bench testing
• Crash data reset (SRS airbag module)
• Other automotive electronics services as individually quoted

4.2 All services are carried out at our Enfield workshop. We do not offer roadside, mobile or on-site repair services.

4.3 We do not offer a while-you-wait or same-day repair service. Units are booked in on arrival and returned once the service is complete.

4.4 Drop off at our Enfield office is available Monday to Friday 9:00am to 5:00pm and Saturday 9:00am to 4:00pm. Sunday is closed. Please call ahead before travelling.

4.5 We will supply services in accordance with your agreed order. Where the service required changes following our assessment of the unit we will contact you to confirm before proceeding.

5. Submitting a Unit for Service

5.1 Before sending or dropping off any unit you must contact us first to confirm the service required and obtain a job reference number. Units received without a job reference may experience delays in processing.

5.2 You are responsible for safely removing the unit from the vehicle prior to sending. The Vehicle Check accepts no liability for damage caused during removal by the customer or a third party.

5.3 You are responsible for packaging your unit securely before posting. The Vehicle Check accepts no liability for damage caused in transit due to inadequate packaging. Our packaging guide is available at thevehiclecheck.co.uk/pages/packaging-guide.

5.4 We recommend sending units via Royal Mail Special Delivery or a tracked and insured courier service. The Vehicle Check accepts no liability for units lost or damaged in transit to us.

5.5 By submitting a unit to The Vehicle Check you confirm that you are the owner of the unit or have the authorisation of the owner to submit it for service.

5.6 The Vehicle Check reserves the right to decline any unit or service at its discretion.

6. Diagnosis, Authorisation and Pricing

6.1 On receipt of your unit we will confirm arrival and book it in. We will assess the unit and advise on the recommended service route and associated cost before proceeding with any work.

6.2 We will not carry out any work or incur additional charges without your prior authorisation. We will contact you by phone or email to confirm findings and obtain your approval before proceeding.

6.3 If a unit is found to be beyond economical repair or outside the scope of our service, we will advise you before any charges are incurred. In such cases you will only be charged for return postage.

6.4 Prices quoted are for the specific service agreed. Additional faults discovered during assessment that fall outside the original service scope will be quoted separately and will not be carried out without your explicit authorisation.

7. Your Rights to Make Changes

If you wish to make a change to the services you have ordered, please contact us. We will let you know if the change is possible. If it is, we will inform you about any necessary adjustments to price, timing or other terms and ask you to confirm whether you wish to proceed.

8. Our Rights to Make Changes

8.1 Minor changes
We may change the services to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments. These changes will not materially affect your service.

8.2 More significant changes
We may make more substantial changes to these terms or to our services. If we do so we will notify you, and you may contact us to end the contract before the changes take effect and receive a refund for any services paid for but not yet received.

9. Providing the Services

9.1 Delivery costs
Return delivery costs will be as stated during your order process or as confirmed when we accept your order.

9.2 Turnaround times
Most repairs, cloning jobs and bench tests are completed within 3 to 5 working days of receiving your unit. We will confirm an estimated turnaround when we acknowledge receipt. Completion within the estimated timeframe is not guaranteed and does not form part of the contract.

9.3 Delays outside our control
If supply of services is delayed by an event outside our control, we will contact you as soon as possible. We will take steps to minimise the delay but will not be liable for delays beyond our control. If there is a substantial delay you may contact us to end the contract and receive a refund for any services paid for but not yet received.

9.4 Return of completed units
Completed units are returned via Royal Mail Special Delivery or equivalent tracked service. You are responsible for ensuring the address provided is correct. The Vehicle Check accepts no liability for delays or failures caused by postal or courier services.

9.5 If a completed unit is undeliverable
If a completed unit cannot be delivered and is returned to us, we will contact you to arrange redelivery. Additional delivery charges may apply.

9.6 Uncollected units
If a completed unit remains with us unclaimed for more than 30 days following notification of completion, The Vehicle Check reserves the right to dispose of the unit. We will make reasonable attempts to contact you before doing so.

9.7 When you become responsible for the returned unit
The unit is your responsibility from the time it is delivered to the address provided.

9.8 If you do not give us required information
We require certain information from you to carry out the service including your contact details, vehicle registration, fault description and job reference. If you do not provide this within a reasonable time we may be unable to process your unit and will not be responsible for any resulting delays.

10. Your Rights to End the Contract

10.1 Your rights to end the contract depend on what you have bought, whether there is a fault, and whether you are a consumer or business customer:

10.1.1 If the service is faulty or misdescribed you may have a legal right to end the contract — see clause 15.
10.1.2 If you wish to end the contract because of something we have done or will do, see clause 10.2.
10.1.3 If you are a consumer and have changed your mind, see clause 10.3.

10.2 Ending because of something we have done or will do
You may end the contract immediately and receive a full refund for any services not yet provided if we have told you about an upcoming change you do not agree with, an error in price or description, a risk of significant delay beyond our control, or you have a legal right to end the contract.

10.3 Consumers — right to change your mind
If you are a consumer and placed your order online, by email or by phone, you have a legal right to change your mind within 14 days under the Consumer Contracts Regulations 2013. You do not have this right once a service has been completed.

10.4 How long you have to change your mind
You have 14 days after we confirm acceptance of your order. If we have already started the service at your request, you must pay for any work completed up to the point you notify us you wish to cancel.

10.5 Ending where we are not at fault
Even if we are not at fault and you have no statutory right to cancel, you may still end the contract before the service is completed. We will refund any sums paid for services not yet provided but may deduct reasonable compensation for costs already incurred.

11. How to End the Contract

To end the contract, contact us by phone on 0203 489 2610 or by email at info@thevehiclecheck.co.uk. Please include your job reference number, name and contact details.

12. Refunds

12.1 How we will refund you
If you are entitled to a refund, we will refund you by the same method you used for payment unless agreed otherwise. No fees will be charged for the refund.

12.2 When your refund will be made
For consumers exercising the right to change their mind, refunds will be made within 14 days of you notifying us. For business customers, refunds will be made within a reasonable time once agreed.

13. Our Rights to End the Contract

13.1 We may end the contract if you break it
We may end the contract at any time by writing to you if:

13.1.1 you do not make payment when due and still fail to pay within 7 days of a reminder;
13.1.2 you do not provide necessary information for us to carry out the service; or
13.1.3 we have been unable to contact you for more than 30 days following notification that your service is complete.

13.2 Compensation if you break the contract
If we end the contract in the situations above, we will refund any money paid for services not yet provided but may deduct or charge reasonable compensation for costs incurred.

13.3 We may withdraw services
We may notify you that we are going to stop providing certain services. We will give at least 14 days' notice and refund any sums paid in advance for services not yet provided.

14. If There Is a Problem

If you have any questions or complaints please contact us at info@thevehiclecheck.co.uk or call 0203 489 2610. We will acknowledge your complaint promptly and aim to resolve it fairly and quickly.

15. Repair Warranty

15.1 The scope of our warranty
The Vehicle Check provides a 12-month warranty on all completed repair and cloning work. This warranty applies strictly and exclusively to the repair of the specific unit for the specific fault code or symptom confirmed at the time of service. Nothing more, nothing less.

15.2 What is covered
The warranty covers:

(a) Any recurrence of the exact fault code or symptom that was present prior to repair and for which the repair was carried out.

(b) Any component failure directly attributable to parts replaced or work carried out by The Vehicle Check during the original service.

15.3 What is not covered
The warranty does not cover, and The Vehicle Check accepts no responsibility for:

(a) Any other fault codes, warning lights, symptoms or failures not directly related to the original repair carried out.

(b) Any faults arising from incorrect refitting of the unit by the customer or a third party.

(c) Any faults arising from failure to carry out required adaptation, calibration, coding or teach-in procedures following refitting of the unit.

(d) Any faults arising from underlying vehicle electrical faults, wiring issues, failed sensors, blown fuses or other vehicle-side problems that were present before or developed independently of the repair.

(e) Any faults arising from water ingress, physical damage, fire damage or any external cause occurring after return of the unit.

(f) Any labour costs, diagnostic fees or garage charges at any stage including during a warranty claim.

(g) Any recovery, towing or transportation costs.

(h) Any consequential, indirect or additional losses, expenses or circumstances arising from the vehicle being off the road or unusable.

(i) Bench testing services — the bench test report reflects the condition of the unit at the time of testing only. No warranty is provided on bench testing outcomes beyond the accuracy of the assessment carried out at that time.

(j) Crash data reset services — once crash data has been cleared the service is confirmed complete. No warranty is provided for post-fitment SRS system behaviour if other SRS components including airbags, pretensioners, clock spring or sensors are damaged or non-functional.

15.4 How to make a warranty claim
To make a warranty claim:

(a) Contact The Vehicle Check as soon as the fault recurs, providing your original job reference number and a description of the fault.

(b) Return the unit to The Vehicle Check for assessment. The customer is responsible for return postage costs.

(c) Allow The Vehicle Check to assess the returned unit. The Vehicle Check will determine at its sole discretion whether the fault falls within the warranty scope.

(d) If the fault is confirmed as a warranty issue, The Vehicle Check will carry out the necessary remedial work and return the unit at no charge to the customer.

15.5 Consumer statutory rights
For consumers, nothing in this warranty section affects your statutory rights under the Consumer Rights Act 2015. Services must be performed with reasonable care and skill. If a service is not carried out properly you can ask us to redo it or receive a price reduction. If it cannot be fixed you may be entitled to a full or partial refund. For full details of your statutory rights visit www.citizensadvice.org.uk.

16. Cloning Services — Specific Terms

16.1 Cloning transfers all data from an original unit onto a replacement unit. The cloned unit is intended as a plug-and-play replacement. The customer is responsible for ensuring any donor unit supplied is compatible and in suitable condition prior to submission.

16.2 The Vehicle Check accepts no liability for the condition or suitability of donor units supplied by the customer.

16.3 In cases where the original unit is unreadable due to damage, The Vehicle Check will advise before proceeding. A partial or failed clone resulting from an unreadable original unit does not constitute a failure of service.

17. Bench Testing — Specific Terms

17.1 Bench testing provides an assessment of the unit's condition at the time of testing. Results are accurate to the best of our technical ability using available equipment and methodology.

17.2 A bench test report does not constitute a guarantee of the unit's performance when fitted to a vehicle. Vehicle-side factors including wiring, sensors, software and other modules may affect unit performance independently of the unit's own condition.

17.3 The Vehicle Check accepts no liability for any costs or losses arising from decisions made on the basis of a bench test report.

18. Customer-Supplied Parts

18.1 Where a customer supplies their own parts, donor units or components for use in a service, The Vehicle Check accepts no responsibility for their condition, quality, compatibility or performance.

18.2 Any issues arising from the use of customer-supplied parts are entirely at the customer's risk.

19. Price and Payment

19.1 Where to find the price
The price of services including VAT where applicable will be the price quoted to you when your order is accepted. We take all reasonable care to ensure prices are correct.

19.2 Incorrect prices
If the correct price is higher than the price stated, we will contact you before proceeding. If we accept an order where a pricing error was obvious and could reasonably have been recognised, we may end the contract and refund any payments made.

19.3 When and how to pay
Payment terms are as stated on your invoice or as otherwise agreed in writing. We accept payment by bank transfer, debit card or credit card.

19.4 For consumers
Payment is due upon completion of the service and prior to return of your unit, unless otherwise agreed.

19.5 For business customers
Payment is due within 30 days of the invoice date unless otherwise agreed in writing.

19.6 Late payment interest
If you do not make payment when due, we may charge interest on the overdue amount at 4% above the Bank of England base rate, accruing daily from the due date until payment is received.

19.7 Right to retain unit
If payment is not received, The Vehicle Check reserves the right to retain the completed unit until full payment is made.

20. Our Responsibility for Loss or Damage

20.1 If you are a consumer
We are responsible for loss or damage you suffer that is a foreseeable result of our failing to comply with these terms or of our negligence. We are not responsible for loss or damage that is not foreseeable.

20.2 We do not exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of your legal rights regarding services under the Consumer Rights Act 2015
• Any other liability that cannot be excluded or limited under applicable law

20.3 If you are a business customer
We shall not be liable to a business customer for any loss of profits, loss of sales, loss of business, loss of data, loss of use, or any indirect, consequential or special loss of any kind arising under or in connection with these terms or the services provided.

20.4 Cap on liability for business customers
Our total liability to a business customer for all losses arising under or in connection with a contract shall not exceed the total amount paid by you for the specific service giving rise to the claim.

20.5 Specific exclusions — all customers
Regardless of whether you are a consumer or a business customer, The Vehicle Check accepts no liability for:

(a) Labour costs, diagnostic fees or garage charges incurred by you at any point including during or following a warranty claim

(b) Recovery, towing or vehicle transportation costs

(c) Vehicle hire or alternative transport costs

(d) Any loss arising from incorrect refitting of a repaired or cloned unit

(e) Any loss arising from failure to carry out required adaptation, calibration or coding procedures after refitting

21. How We May Use Your Personal Information

21.1 We will only use your personal information as set out in our Privacy Policy, available at thevehiclecheck.co.uk/policies/privacy-policy.

21.2 We may use your information to provide services to you, process your payment, manage your account, comply with legal obligations, and send you updates where you have consented.

22. Other Important Terms

22.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you if this happens and your rights will not be affected.

22.2 You may only transfer your rights under this contract to another person if we agree in writing.

22.3 This contract is between you and us only. No other person shall have any rights to enforce its terms.

22.4 If a court finds part of this contract illegal, the rest will continue in full force and effect.

22.5 Even if we delay in enforcing this contract, we can still enforce it later.

23. Governing Law and Jurisdiction

23.1 If you are a consumer
These terms are governed by English law and you can bring legal proceedings in the English courts.

23.2 If you are a business customer
These terms are governed by English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising in connection with this contract.