NIGHTFALL AUTOMOTIVE – TERMS OF SERVICE

1. Agreement & Formation of Contract

By booking, authorizing, or using any service provided by Nightfall Automotive, you confirm that you have read, understood, and agreed to be bound by these Terms of Service. These terms constitute a legally binding agreement between Nightfall Automotive ("the Provider") and the Individual or Entity ("the Customer").

2. Vehicle Condition & Customer Warranty

The Customer warrants that at the time of service, the vehicle:

  • Is maintained strictly in accordance with manufacturer specifications.

  • Is roadworthy, taxed, insured, and has a valid MOT (unless strictly for off-road use).

  • Has no undisclosed mechanical, electrical, or emissions-related faults.

  • Nightfall Automotive accepts no responsibility for issues arising from poor maintenance, pre-existing "hidden" faults, or undisclosed prior modifications.

3. Risk Acknowledgement & Liability

All tuning, remapping, and diagnostic services are carried out entirely at the Customer’s own risk.

  • Mechanical Stress: The Customer acknowledges that performance modifications increase mechanical and thermal stress and may expose or accelerate existing hardware weaknesses.

  • No Liability: Nightfall Automotive accepts no liability for mechanical or electrical failures (e.g., turbocharger, clutch, engine internals) occurring before, during, or after the provision of services.

4. Software Warranty & Exclusions

  • Software: A lifetime warranty applies to the ECU software calibrations provided by Nightfall Automotive (e.g., corruption or software bugs).

  • Hardware: No warranty is provided for any mechanical or electrical components of the vehicle.

  • Exclusions: Including but not limited to: Clutches/Flywheels, DPF/EGR hardware, Turbochargers, Gearboxes, and Boost Hoses.

  • Voiding: All warranties are void if the vehicle is subsequently modified, repaired, or tuned by a third party.

5. Emissions System Modifications (DPF, EGR, AdBlue)

Strictly for Off-Road, Motorsport, or Export Use Only. Any modification that disables or bypasses emissions control systems renders the vehicle non-compliant with UK Road Traffic Laws and MOT requirements.

  • Legal Responsibility: All responsibility for the legality, insurance validity, and roadworthiness rests solely with the Customer.

  • Indemnity: The Customer agrees to fully indemnify Nightfall Automotive against any fines, prosecutions, or insurance claims resulting from the use of modified vehicles on public roads.

6. Deposits, Cancellations & "Untunable" Vehicles

  • Deposits: All deposits are non-refundable and secure your booking slot.

  • Cancellations: A minimum of 24 hours’ notice is required to reschedule. Failure to provide notice results in the forfeiture of the deposit.

  • Faulty Vehicles: If a service cannot be completed due to a pre-existing vehicle fault or prior "locked" tuning, the deposit is forfeited. Where no deposit was taken, a £50 call-out/diagnostic fee shall apply.

7. Software Recovery & Downtime

In the rare event of programming complications or software "bricking," repair times may be dictated by third-party tool manufacturers. Nightfall Automotive is not liable for costs associated with vehicle downtime, recovery, or alternative travel arrangements.

8. Payment Terms

Payment is due immediately upon completion of the services. Vehicles will not be released or returned to the Customer until the balance is cleared in full. We accept [Cash/Bank Transfer/Card].

9. Data Protection

We retain customer and vehicle data solely for warranty and service history purposes. Your data will never be sold to third parties.