SECTION 1 - PERFORMANCE CALIBRATION SERVICES
Increasing the performance of any engine will exert additional stresses that the engine doesn’t normally undergo. Most modern engines are modular and as such are detuned versions of higher spec models but fitted with the same ancillaries. Therefore, this means that in most cases the vehicle will be well within tolerance even when modified. In saying this, the car will undergo higher stresses and as such can highlight any looming weakness that may not show up on standard tune. You must be aware that performance tuning has the ability to highlight issues and as such 4DHPCLUB/Justin White Tuned is not liable for damages to your vehicle in any instance.
SECTION 2 - PROVIDING CALIBRATION SERVICES
These Terms and Conditions will be binding between 4DHPCLUB/Justin White Tuned and you, the customer, upon booking your vehicle in for tuning services. No other person or party will have the right or authority to execute the terms and conditions.
It is your responsibility as the owner of the vehicle to ensure the vehicle is in operational order without underlying known faults or defects. We make no representations or warranties that the services and products we supply will not cause damage to your vehicle. Prior to carrying out any software tuning to a vehicle, we will execute a basic inspection and data log while driving your vehicle on the street. 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 completed. In circumstances where the condition of your vehicle is such that we advise you, that proceeding with our tuning service may cause damage to your vehicle over time, and you chose to proceed with our services, you do so at your own risk. High mileage vehicles or vehicles that are poorly maintained or modified are examples of where we may advise you not to proceed. 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.
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.
We make no representations or warranties that the use of our services will not invalidate any manufacturer or 3rd party warranty you may currently have in place.
SECTION 3 - YOUR RIGHTS TO CANCEL OUR CALIBRATION SERVICE
Before we begin to provide the tuning services you have the following rights to cancel:
You may cancel any booking for service (appointment) at any time up to 48 hours before the scheduled appointment by contacting us via telephone. We will confirm your cancellation to you and if you do not receive written confirmation via email or a verbal confirmation via a telephone conversation, your appointment is not officially cancelled.
If you cancel a booking and you have made any payments in advance for services that have not been provided to you, we will refund these amounts in full to you within 24 hours.
However, if you cancel a booking and we have already started work on your vehicle by that time, you will pay us any costs we have reasonably incurred in starting to fulfill your booking, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will inform you of these fees when you contact us. If you cancel within 48 hours of the scheduled appointment, there is a late cancellation fee of $100.00 since the time was reserved for you and we will not be able to schedule another appointment in your timeslot due to the late cancellation.
SECTION 4 - OUR RIGHTS TO CANCEL OUR CALIBRATION SERVICE
If we have to cancel a booking for service (appointment) before the services begin:
We may have to cancel a booking before the start date for the services, due to an event outside our control or the unavailability of key personnel or key materials such as access to a dyno without which we cannot provide the tuning services. We will promptly contact you if this situation occurs.
If we have to cancel a booking and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you or offer you the option to reschedule the appointment for another date.
If we have already started work on your vehicle by the time we have to cancel due to some unforeseen circumstance, we will not charge you any additional amount and will offer you the option to reschedule or partial refund of any advance payment.
SECTION 5 - WARRANTY & GUARANTEE
We provide a ninety (90) day warranty on our tuning services for necessary updates and adjustments. Additional updates and tune adjustments after the ninety (90) day period are available at a cost of $100 plus applicable dyno fees. This additional $100 fee provides you with an additional thirty (30) day warranty on our tuning services for necessary updates and adjustments. If you have made additional engine modifications or other modifications a complete re-tune may be required and if so these standard fees apply.
If after our on-site "local" tuning services are completed on the same day of delivery of your vehicle if you are not 100% satisfied with the performance improvement and overall drivability of your vehicle, we will provide you with a full refund (excluding cost of dyno and any other expenses incurred) and remove our tune from your vehicle. Your previous tune will be reloaded at no cost to you. Refunds are NOT provided under any circumstances after the date the tuning service is completed and customer has acknowledged the tune is complete and satisfactory. This guarantee is not available to customers who are "remote" tuned since we cannot visually inspect and have no control over the condition and readiness of the vehicle to be tuned.
In the event additional tune adjustments are required, whether local or remote 4DHPCLUB/Justin White Tuned commits to perform such services at no additional cost to client during the first 180 days after the date of the initial calibration session.
SECTION 6 - OTHER IMPORTANT TERMS
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 4DHPCLUB/Justin White Tuned or its employees or agents. Under no circumstances will 4DHPCLUB/Justin White Tuned 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.
If at any time Customer elects to publicly post on social media apps such as Facebook, Twitter or Forums a complaint regarding 4DHPCLUB/Justin White Tuned services, the terms and conditions of this agreement including any warranty and future support will be subject to immediate cancellation. 4DHPCLUB/Justin White Tuned will always strive to achieve 100% satisfaction with every customer however customer satisfaction cannot ever be guaranteed.
SECTION 7 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 4DHPClub/Justin White Tuned and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 10 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 11 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 12 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 13 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at CustomerService@4DHPClub.com.