NIGHTFALL AUTOMOTIVE – TERMS OF SERVICE
Last updated: August 2026
These Terms of Service apply to services supplied by Nightfall Automotive ("Nightfall Automotive", "we", "us" or "the Provider") to the person or business purchasing or authorising the service ("the Customer", "you" or "your").
By booking, authorising or accepting our services, you agree to these Terms of Service. These Terms do not affect any statutory rights you may have under applicable UK consumer law.
1. Agreement & Formation of Contract
A contract is formed when Nightfall Automotive accepts a booking or otherwise agrees to provide the requested service.
Before work begins, the Customer is responsible for providing accurate information about the vehicle, its history, modifications, faults and intended use.
Nightfall Automotive will provide services with reasonable care and skill and in accordance with the service agreed with the Customer.
Nothing in these Terms is intended to exclude or restrict any legal rights or remedies that cannot lawfully be excluded or restricted.
2. Vehicle Condition & Customer Responsibilities
The Customer is responsible for ensuring that the vehicle is in a suitable condition for the requested service.
The Customer should inform Nightfall Automotive of any known or suspected:
Mechanical faults
Electrical or electronic faults
Warning lights or fault codes
Previous tuning or software modifications
Mechanical modifications
Aftermarket parts
Previous ECU programming or attempted programming
Problems with the engine, turbocharger, clutch, gearbox or transmission
Problems with DPF, EGR, AdBlue, SCR, GPF or related systems
The Customer warrants that information supplied to Nightfall Automotive is accurate and complete to the best of their knowledge.
Nightfall Automotive is not responsible for problems, failures or consequences arising from pre-existing faults, poor maintenance, worn components, unsuitable modifications or information that was not disclosed to us.
Where appropriate, diagnostic checks may be carried out before proceeding with tuning or software services.
A vehicle may be considered unsuitable for tuning if faults or other conditions are identified that could make the requested work unsafe or inappropriate.
3. Tuning & Performance Modifications
The Customer acknowledges that increasing engine power, torque or performance can increase mechanical and thermal loads on vehicle components.
Depending on the vehicle's mileage, condition, specification and previous use, increased performance may expose weaknesses in components that were already worn, damaged or approaching failure.
Potentially affected components may include, but are not limited to:
Clutches
Dual-mass flywheels
Turbochargers
Gearboxes and transmissions
Driveshafts and differentials
Engine components
Cooling systems
Boost hoses and intake systems
Nightfall Automotive does not guarantee that original mechanical components will withstand increased performance or that an increase in power or torque will not result in component failure.
The Customer remains responsible for ensuring that the vehicle is suitable for the requested level of modification.
Nothing in this section excludes liability for loss or damage caused by Nightfall Automotive's failure to exercise reasonable care and skill or any liability that cannot legally be excluded.
4. Software & Calibration Warranty
Where a software or ECU calibration is supplied by Nightfall Automotive, we will provide support for genuine software-related issues attributable to the calibration supplied by us.
Our software warranty covers genuine defects or errors in the calibration supplied by Nightfall Automotive, subject to the exclusions below.
The software warranty does not cover:
Mechanical or electrical component failure
Normal wear and tear
Existing or subsequently developing vehicle faults
Clutch or flywheel failure
Turbocharger failure
Gearbox or transmission failure
DPF, EGR or AdBlue hardware failure
Boost hose or intake system failure
Engine or internal component failure
Damage resulting from misuse or abuse
Damage resulting from continued operation of a vehicle with a known fault
Problems caused by third-party software or modifications
Problems caused by subsequent modifications or repairs
Damage resulting from incorrect servicing or maintenance
Damage caused by third-party tuning or ECU programming
The software warranty may be invalidated where the ECU or vehicle software is subsequently altered by a third party.
Where a genuine software-related issue is identified, Nightfall Automotive will investigate the issue and, where appropriate, correct or restore the software supplied by us.
5. Diagnostic Services
Diagnostic services are intended to identify faults, symptoms and available diagnostic information.
A diagnostic service does not guarantee that every fault will be identified or that a fault can be repaired during the same appointment.
Some faults may require additional testing, specialist equipment, manufacturer-level diagnostics or mechanical inspection.
Where further investigation or repair is required, the Customer will be informed where reasonably practicable before additional chargeable work is undertaken.
6. ECU Programming & Software Recovery
ECU programming and software operations carry an inherent risk of communication or programming failure.
Nightfall Automotive takes reasonable precautions and uses appropriate equipment and procedures. However, programming may occasionally be interrupted or prevented by factors including vehicle voltage, ECU condition, communication failure, hardware faults, software faults or equipment failure.
If an ECU or vehicle requires recovery following a programming issue, Nightfall Automotive will take reasonable steps to recover the vehicle or arrange appropriate specialist recovery where necessary.
Where recovery requires third-party specialist services, specialist equipment or replacement hardware, any additional cost will be discussed with the Customer before it is incurred where reasonably practicable.
Nightfall Automotive is not responsible for pre-existing ECU or vehicle faults that are exposed during the programming process.
7. Emissions & Emissions-Control Systems
Nightfall Automotive will not knowingly carry out modifications intended for use on public roads where those modifications would cause the vehicle to cease complying with applicable UK emissions or road-use requirements.
Modifications to emissions-control systems, including DPF, EGR, AdBlue, SCR, GPF or related systems, may affect the vehicle's legal compliance and MOT status.
Where a requested modification is not lawful for use on public roads, the Customer must not use the vehicle on public roads following that modification.
The Customer is responsible for ensuring that the vehicle is used lawfully and in accordance with applicable legislation, MOT requirements, insurance requirements and any restrictions applying to its intended use.
Where a service is specifically requested for legitimate off-road, motorsport or export purposes, the Customer remains responsible for ensuring that the vehicle is used only in circumstances where the modification is lawful.
The Customer is responsible for informing their insurer of modifications where required by their insurance policy or applicable law.
8. Vehicle Use, Roadworthiness & Insurance
The Customer is responsible for ensuring that the vehicle is appropriately maintained, roadworthy and legally permitted to be used in the circumstances in which it is operated.
The Customer is responsible for ensuring that the vehicle has appropriate insurance and that any modifications are disclosed to their insurer where required.
Nightfall Automotive does not provide insurance cover for the Customer's vehicle and does not guarantee that a particular modification will be accepted by any insurer.
The Customer should obtain confirmation from their insurer where required before using a modified vehicle on public roads.
9. Mobile Service & Access
For mobile appointments, the Customer must provide a safe and suitable location in which the agreed work can be carried out.
The vehicle must be accessible and, where required, have sufficient battery voltage or access to an appropriate power supply.
Nightfall Automotive may postpone or refuse to commence work where the location or vehicle is considered unsafe, inaccessible or unsuitable for the requested service.
Where an appointment cannot proceed because the vehicle is unsuitable, inaccessible or the Customer has failed to disclose relevant information, a reasonable cancellation, call-out or diagnostic charge may apply where permitted by law.
10. Deposits, Bookings & Cancellations
Where a deposit is requested, it is used to secure the agreed appointment date and time.
Customers are asked to provide at least 24 hours' notice if they need to cancel or reschedule an appointment. This allows Nightfall Automotive a reasonable opportunity to offer the appointment to another customer.
Where an appointment is cancelled or rescheduled with less than 24 hours' notice, or where the Customer fails to attend or makes the vehicle unavailable, Nightfall Automotive reserves the right to retain a deposit or charge a reasonable cancellation fee to cover losses or costs incurred.
Nightfall Automotive will consider individual circumstances when dealing with cancellations, and deposits may be refunded at our discretion.
Where Nightfall Automotive is unable to attend an appointment, any deposit paid will be refunded or the appointment will be rearranged at the Customer's choice.
Nothing in this section affects any statutory cancellation or consumer rights that apply to the Customer.
11. Vehicles Found to be Unsuitable for Tuning
Nightfall Automotive reserves the right not to proceed with a tuning or software service where diagnostic checks or inspection identify conditions that make the requested work unsuitable or potentially unsafe.
Examples include:
Significant engine faults
Critical fault codes
Serious mechanical issues
Unsuitable previous modifications
Incompatible software
Evidence of previous incorrect ECU programming
Evidence that the ECU or vehicle has previously been improperly modified
Conditions that may place the vehicle or equipment at unreasonable risk
Where a Customer's vehicle cannot reasonably be tuned because of a pre-existing condition, any diagnostic or call-out charge will be explained before being applied where reasonably practicable.
Where a deposit has been paid, any amount retained will be proportionate to costs or losses actually incurred.
12. Payment
Unless otherwise agreed in writing, payment is due immediately upon completion of the agreed service.
We accept the payment methods displayed or communicated at the time of booking.
Where payment remains outstanding, Nightfall Automotive may withhold completion of further work until payment has been received.
Nothing in this section affects the Customer's statutory rights.
13. Vehicle Collection & Property
The Customer remains responsible for collecting or receiving their vehicle following completion of the service.
Where a vehicle is left with Nightfall Automotive by agreement, the Customer should collect it within the agreed period.
Reasonable additional charges may apply where a vehicle is left for an extended period without prior agreement, provided those charges have been communicated to the Customer.
14. Limitation of Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
Subject to the above, Nightfall Automotive will not be responsible for losses arising solely from:
Pre-existing faults or defects
Normal wear and tear
Failure of components that were already worn or defective
Undisclosed modifications or previous tuning
Incorrect information supplied by the Customer
Failure to maintain or operate the vehicle correctly
Misuse of the vehicle
Unauthorised third-party modifications or repairs
Use of the vehicle outside the manufacturer's intended operating conditions
Where Nightfall Automotive is responsible for a failure to provide services with reasonable care and skill, the Customer's rights and remedies will apply in accordance with applicable law.
15. Complaints & Remedial Work
If you believe that a service has not been provided correctly, please contact Nightfall Automotive as soon as reasonably practicable and provide details of the issue.
We will investigate genuine complaints and, where appropriate, offer a reasonable remedy in accordance with your statutory rights.
Customers should not arrange third-party remedial work relating to an alleged software issue before giving Nightfall Automotive a reasonable opportunity to inspect and, where appropriate, rectify the issue, except where immediate action is reasonably necessary to prevent further damage or comply with safety requirements.
16. Data Protection
Nightfall Automotive may retain customer and vehicle information necessary for providing services, maintaining service and warranty records, processing payments, handling enquiries and complying with legal obligations.
Personal information will be handled in accordance with our Privacy Policy and applicable UK data protection legislation.
We do not sell customer personal information to third parties.
Further information regarding the collection, use, storage and retention of personal data can be found in our Privacy Policy.
17. Changes to These Terms
Nightfall Automotive may update these Terms from time to time.
The Terms applicable to a particular booking will be those provided to or made available to the Customer at the time the contract is formed, unless a change is required by law or otherwise agreed with the Customer.
18. Governing Law
These Terms are governed by the laws of England and Wales.
Nothing in these Terms prevents a consumer from relying on any mandatory rights or protections available to them under applicable UK consumer law.
19. Statutory Rights
Nothing in these Terms affects your statutory rights.
Where applicable, services supplied by Nightfall Automotive are subject to the protections provided by the Consumer Rights Act 2015 and other applicable consumer protection legislation.
Where any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be treated as modified or removed to the extent necessary, without affecting the validity of the remaining provisions.
Nightfall Automotive
Mobile ECU Remapping, Diagnostics & Vehicle Solutions
Serving Norfolk, Suffolk, Essex & surrounding areas
Website: www.nightfallautomotive.co.uk