BMW CUSTOMZ LTD

TERMS & CONDITIONS OF BUSINESS

These Terms & Conditions apply to all bookings, quotations, invoices, workshop services, vehicle repairs, diagnostics, coding, programming, retrofits, parts, online orders and other goods or services supplied by BMW Customz Ltd.

Any Vehicle left with BMW Customz Ltd is subject to these Terms & Conditions.

Nothing in these Terms affects your statutory rights.

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1. COMPANY INFORMATION

BMW Customz Ltd is a company registered in England and Wales.

Company Number: 13256878
Registered Office: Unit 16 Innovation Business Centre, Consul Avenue, Rainham, England, RM13 8HZ.

References to “BMW Customz”, “we”, “us” or “our” mean BMW Customz Ltd.

References to “Customer”, “you” or “your” mean the person or business purchasing, requesting or authorising goods or services.

References to “Vehicle” mean any vehicle presented to or left with BMW Customz Ltd for diagnostics, repairs, servicing, coding, programming, retrofits or other work.

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2. ACCEPTANCE OF TERMS & CONTRACT FORMATION

A contract may be formed when:

• A quotation is accepted;

• A booking is confirmed;

• An invoice or deposit is paid;

• A job card or work instruction is signed;

• Work is authorised by telephone, email, SMS, WhatsApp or another communication method;

• Verbal authorisation is provided where written confirmation is not reasonably practicable; or

• The Vehicle is left with us and work is authorised.

By proceeding with a booking, quotation, invoice, deposit or authorised work, the Customer confirms that they have had an opportunity to read these Terms & Conditions and accepts that they apply to the transaction.

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3. QUOTATIONS & AUTHORISATION

Unless otherwise stated, quotations are valid for 14 days.

Quotations are based on the Vehicle condition, information and faults reasonably known to us at the time.

Diagnostics, dismantling or investigation may reveal additional faults or work which could not reasonably have been identified beforehand.

Where additional chargeable work is required outside the originally authorised scope, we will seek further Customer authorisation before proceeding wherever reasonably practicable.

A quotation may be accepted:

• Electronically;

• By email;

• By telephone;

• By message;

• Verbally;

• By payment of a deposit; or

• By any other clear instruction to proceed.

Once accepted, the quotation forms part of the contract between BMW Customz Ltd and the Customer.

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4. PAYMENT

All monies become payable when the authorised work has been completed and the Customer has been notified that the Vehicle is ready for collection, unless alternative payment terms have been agreed.

The Vehicle will not normally be released until payment has been received in cleared funds.

Cheques are not accepted unless specifically agreed.

All consumer prices are inclusive of VAT unless expressly stated otherwise.

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5. QUOTATION, INVOICE & BOOKING DEPOSITS

Deposits and advance payments made through the BMW Customz quotation system, invoice system, booking system or directly to BMW Customz in connection with workshop work are taken as a commitment to the agreed booking, goods and/or services.

Such deposits are non-refundable once paid, except where the Customer has a statutory right to a refund or where retention of the payment would otherwise be unlawful.

Deposits may be used towards:

• Reserved workshop time;

• Administration and preparation;

• Parts ordered or reserved;

• Special-order components;

• VIN-specific parts;

• Software licences;

• FSC codes;

• Programming or activation tokens;

• Third-party charges;

• Specialist services;

• Diagnostic preparation; or

• Other costs committed specifically for the Customer or Vehicle.

Where a Customer cancels an agreed booking or job, BMW Customz Ltd may retain the deposit against reasonable costs, commitments and losses arising from the cancellation, to the extent permitted by law.

Where our actual recoverable costs are lower than the deposit and consumer law requires a balance to be returned, we will comply with those requirements.

BMW Customz Ltd may, entirely at its discretion, permit an otherwise non-refundable deposit to be transferred to store credit.

Unless otherwise agreed, store credit:

• Is valid for 12 months;

• Is non-transferable;

• Has no cash value; and

• May be reduced by costs already incurred.

The Consumer Rights Act requires consumer services to be performed with reasonable care and skill, and unfair consumer terms are not binding merely because they appear in a contract. (Legislation.gov.uk)

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6. SPECIAL-ORDER, VIN-SPECIFIC & CUSTOM PARTS

Parts which are:

• Specially ordered;

• VIN-specific;

• Individually configured;

• Personalised;

• Programmed;

• Coded;

• Painted or modified;

• Manufactured to order; or

• Otherwise specifically prepared for the Customer,

may not be cancellable or returnable once the order, manufacture, programming or preparation process has commenced, subject to applicable statutory rights.

The Customer remains responsible for authorised costs already incurred.

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7. ONLINE WEBSITE ORDERS

This section applies specifically to goods purchased directly through the BMW Customz online website/shop and does not apply to quotation, invoice or workshop deposits.

Where an ordinary online order has not yet been processed, BMW Customz Ltd will normally allow the Customer to cancel it.

Any deduction for payment-processing or transaction fees will only be made where lawfully permitted and where the cancellation is not subject to a statutory right requiring a full refund.

Where statutory distance-selling cancellation rights apply, BMW Customz Ltd will provide the refund required by law.

For most ordinary online goods, consumers generally have 14 days after receiving the goods to notify the retailer of cancellation, followed by a further period to return them. Certain goods, including genuinely personalised or custom-made goods, may be excluded. (GOV.UK)

Once an order has been processed or dispatched, our Returns & Refund Policy and applicable consumer law will apply.

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8. SERVICES, CODING & PROGRAMMING

Where a Customer authorises work to commence, the Customer is responsible for services properly performed and reasonable costs incurred before cancellation.

Diagnostics, coding, programming, flashing, software activation, configuration and similar services which have already been properly completed are not refundable merely because the Customer subsequently changes their mind.

This does not affect remedies available where a service has not been performed with reasonable care and skill. (Legislation.gov.uk)

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9. SALE & PROMOTIONAL ITEMS

Goods or services sold at a discounted promotional price remain subject to the conditions of that promotion.

A reduced or sale price does not remove statutory consumer rights.

Where a promotional service has already been properly performed, or custom/special-order goods have already been committed or supplied, cancellation rights may be limited subject to applicable law.

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10. VEHICLE USE & ROAD TESTING

The Customer authorises BMW Customz Ltd, its employees, agents and contractors to operate and drive the Vehicle where reasonably necessary for:

• Diagnosis;

• Repair;

• Road testing;

• Calibration;

• Programming;

• Quality control;

• Testing completed repairs; or

• Collection/delivery connected with the authorised work.

Reasonable additional mileage may therefore be recorded.

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11. LIEN & RETENTION OF VEHICLE

To the extent permitted by law, BMW Customz Ltd may retain possession of a Vehicle while amounts properly due in connection with that Vehicle remain unpaid.

Goods supplied by BMW Customz Ltd remain our property until paid for in full to the extent permitted by law.

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12. DIAGNOSTICS & INVESTIGATION

Unless otherwise agreed, diagnostics and investigations are charged at our prevailing rate.

Our current standard diagnostic/investigation rate is:

£108 per hour including VAT.

Diagnostic work may be undertaken using:

• Genuine BMW diagnostic systems;

• Dealer-level diagnostic equipment;

• Manufacturer technical information;

• Electrical testing equipment; and

• Other appropriate professional diagnostic systems.

Diagnostic work is a professional investigation and is not a guarantee that every fault can be conclusively identified within a particular period.

Modern vehicles may contain intermittent, multiple or interconnected faults.

Diagnostic charges remain payable for diagnostic work properly carried out even where:

• The Customer decides not to proceed with repairs;

• Further diagnosis is required;

• Multiple faults are present;

• Replacement of one defective component does not resolve another underlying fault; or

• A definitive conclusion cannot reasonably be reached within the authorised diagnostic period.

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13. ADDITIONAL & UNDERLYING FAULTS

Where investigation identifies additional faults, further work may be required.

Replacement or repair of one defective component does not guarantee that unrelated or additional faults will also be resolved.

Where authorised work has been properly carried out, payment remains due even where an additional underlying fault subsequently requires further repair.

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14. PARTS

Parts supplied by BMW Customz Ltd are subject to applicable statutory rights and, where relevant, applicable manufacturer warranty.

Removed components will normally be disposed of or recycled unless the Customer requests their return before repairs commence.

This does not apply where components must be retained, returned or disposed of in a particular manner for warranty, environmental or safety reasons.

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15. CUSTOMER-SUPPLIED PARTS

Where BMW Customz Ltd agrees to install a Customer-supplied component, our responsibility for installation workmanship is separate from responsibility for the component.

BMW Customz Ltd does not provide a parts warranty for components which we did not supply.

Additional labour required because a Customer-supplied component is:

• Defective;

• Incorrect;

• Incompatible;

• Incomplete; or

• Requires subsequent removal or replacement,

may be chargeable.

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16. BMW AOS & INDEPENDENT STATUS

BMW Customz Ltd is an independent BMW specialist registered with BMW AOS (Aftersales Online System).

BMW Customz Ltd is not a franchised BMW Retailer or BMW Authorised Repairer.

Where applicable, we carry out diagnostics, servicing, repairs, programming, coding and OEM retrofits using genuine BMW diagnostic systems, BMW technical information and OEM repair procedures.

Where supported and applicable, eligible servicing and repair information may be recorded within BMW systems.

BMW AOS registration and access to BMW technical systems does not mean that BMW Customz Ltd controls BMW's warranty, dealer or manufacturer decisions.

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17. CODING, PROGRAMMING & RETROFITS

Customers acknowledge that coding, programming, software activation, component replacement and vehicle retrofits may alter the Vehicle from its original factory specification.

Many BMW Customz retrofits use genuine BMW components and/or BMW-compatible coding and programming methods.

However, BMW Customz Ltd cannot guarantee that BMW, a BMW Retailer, BMW Authorised Repairer, manufacturer, warranty provider, finance provider or other third party will accept a modified or retrofitted Vehicle for:

• Warranty repairs;

• Diagnosis;

• Programming;

• Software updates;

• Technical campaigns;

• Recall-related programming; or

• Other manufacturer/dealer processes.

A manufacturer, dealer or warranty provider may require the Vehicle, component or software configuration to be returned to original factory specification before continuing work.

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18. MANUFACTURER & THIRD-PARTY WARRANTY

Any BMW, manufacturer or third-party warranty remains subject to the warranty provider's own:

• Terms;

• Conditions;

• Exclusions;

• Assessment;

• Diagnostic procedures; and

• Final decision.

BMW Customz Ltd cannot guarantee the acceptance of any future warranty claim following modification, coding, programming or retrofit work.

Customers who have an existing manufacturer or third-party warranty should consider its terms before authorising modifications.

BMW Customz Ltd is not responsible merely because BMW, a manufacturer, dealer or warranty provider independently decides to:

• Refuse a warranty claim;

• Restrict warranty coverage;

• Refuse programming;

• Stop diagnosis;

• Require a retrofit to be removed;

• Require coding to be returned to factory specification;

• Require further investigation;

• Reverse or overwrite software or coding; or

• Apply its own warranty exclusions.

The fact that BMW, another manufacturer, dealer or warranty provider refuses or restricts warranty coverage, diagnosis or programming does not, by itself, establish that BMW Customz Ltd caused the underlying fault or performed defective work.

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19. BMW, DEALER & THIRD-PARTY DIAGNOSTIC CHARGES

Where the Customer chooses to instruct or authorise:

• BMW;

• A BMW Retailer;

• Another main dealer;

• A warranty provider;

• Another repairer; or

• Any other third party,

to diagnose, investigate, programme, remove, reinstall or repair the Vehicle, that work is subject to the agreement between the Customer and that third party.

The Customer is responsible for understanding any charges imposed by that third party before authorising its work.

BMW Customz Ltd cannot control whether the third party subsequently decides that its diagnostic or repair work is covered by warranty.

BMW Customz Ltd will therefore not be responsible for reimbursing:

• BMW diagnostic charges;

• Dealer diagnostic charges;

• Investigation fees;

• Programming fees;

• Software-update charges;

• Removal charges;

• Reinstallation charges; or

• Factory-restoration costs,

merely because BMW, a dealer, manufacturer or warranty company subsequently refuses or restricts warranty coverage.

This does not exclude responsibility where it is established that a reasonable loss was directly caused by our negligence, breach of contract, defective goods supplied by us or failure to exercise reasonable care and skill.

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20. RIGHT TO INSPECT & RECTIFY

If the Customer believes that a fault has been caused by BMW Customz Ltd's work, the Customer should notify us promptly and provide us with a reasonable opportunity to inspect the Vehicle.

Where our work is established to be defective, BMW Customz Ltd must be given a reasonable opportunity to provide an appropriate remedy where required by law.

The Customer should not normally instruct another business to:

• Dismantle our work;

• Remove components fitted by us;

• Replace our components;

• Recode systems;

• Modify our installation; or

• Carry out alleged remedial work,

and subsequently seek reimbursement from BMW Customz Ltd without first giving us a reasonable opportunity to investigate.

This requirement does not apply where it would be unreasonable in the circumstances to require the Customer to give us that opportunity.

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21. PREVIOUS CODING, MODIFICATIONS & THIRD-PARTY WORK

BMW Customz Ltd is not responsible for faults caused by:

• Previous coding;

• Previous programming;

• Modified control units;

• CAN filters;

• Mileage correction equipment;

• Aftermarket hardware;

• Aftermarket software;

• Previous accident repairs;

• Modified wiring;

• Third-party retrofits;

• Immobilisers or security systems;

• Incomplete or unstable previous coding; or

• Other work carried out before our involvement.

Where such matters create additional diagnostic or labour requirements, additional authorised work may be chargeable.

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22. POST-WORK & PRE-EXISTING FAULTS

BMW Customz Ltd is not responsible for faults, warning lights or functionality issues appearing following our work where the underlying cause is unrelated to our work.

Examples include:

• Pre-existing defects;

• Previous accident damage;

• Undisclosed repairs;

• Previous electrical modifications;

• Previously hidden fault codes;

• Suppressed warning systems;

• Prior coding intended to conceal faults;

• Components already deteriorated or approaching failure; and

• Independent component failures.

Where our work restores vehicle systems or coding towards the intended configuration, previously hidden or suppressed faults may become visible.

The appearance of such a fault does not, by itself, establish that BMW Customz Ltd caused it.

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23. DEALER & MANUFACTURER SOFTWARE UPDATES

BMW/dealer programming, manufacturer updates or third-party software intervention may:

• Remove coding;

• Overwrite coding;

• Disable activated features;

• Change retrofit configuration;

• Remove software modifications; or

• Require additional programming.

BMW Customz Ltd cannot guarantee that coding or retrofit functionality will remain following subsequent BMW, manufacturer, dealer or third-party programming.

Reinstatement or recoding following such intervention may be chargeable.

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24. WARRANTY ON BMW CUSTOMZ WORK

Unless otherwise expressly agreed, BMW Customz Ltd provides a standard labour warranty of:

12 months or 6,000 miles, whichever occurs first.

Parts supplied by us are subject to applicable statutory rights and relevant manufacturer warranty provisions.

Our workmanship warranty does not cover faults caused by:

• Misuse;

• Neglect;

• Continued driving following serious warning messages;

• Accidental damage;

• External damage;

• Third-party interference;

• Subsequent modifications;

• Dealer/manufacturer software intervention; or

• Unrelated component failures.

Nothing in this clause affects statutory rights.

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25. VEHICLE SECURITY & PERSONAL PROPERTY

BMW Customz Ltd takes reasonable measures to protect Vehicles while they are in our possession.

Vehicles are ordinarily stored within a gated estate with CCTV/security measures.

Customers should remove:

• Cash;

• Valuables; and

• Unnecessary personal belongings

before leaving a Vehicle with us.

BMW Customz Ltd will not be responsible for loss, theft or damage which was not caused by our negligence, breach of contract or failure to exercise reasonable care.

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26. STORAGE CHARGES

Customers must collect Vehicles promptly following notification that they are ready.

Unless otherwise agreed, Vehicles not collected within 3 days of notification may incur storage charges of:

£45 per day.

Storage charges will be applied reasonably and subject to applicable law.

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27. COURTESY VEHICLES

Where a courtesy vehicle is supplied, separate eligibility, insurance, security, mileage and usage conditions may apply.

Where the Customer is required to insure the courtesy vehicle themselves, evidence of appropriate insurance and a valid driving licence must be provided before release.

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28. FUEL & VEHICLE CHARGE

Vehicles must contain sufficient fuel or electrical charge to permit:

• Workshop movement;

• Diagnosis;

• Testing;

• Road testing; and

• Completion of the authorised work.

Where BMW Customz Ltd reasonably needs to add fuel, fuel may be charged at £2.50 per litre, unless otherwise agreed.

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29. CUSTOMER RESPONSIBILITIES

Customers must provide accurate and relevant information about their Vehicle.

The Customer should disclose, where known:

• Previous modifications;

• Previous coding/programming;

• Accident damage;

• Previous electrical work;

• Existing warning lights;

• Known mechanical/electrical faults;

• Security systems;

• Immobilisers; and

• Other matters reasonably relevant to the requested work.

Customers should not continue driving a Vehicle where warning messages or symptoms indicate that doing so may cause further damage or create a safety risk.

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30. SUBCONTRACTED WORK

BMW Customz Ltd may use appropriately selected specialist contractors or third-party businesses where reasonably necessary to complete authorised work.

Where BMW Customz Ltd contracts with that third party as part of the service we have agreed to provide, doing so does not remove any liability we have to the Customer which cannot lawfully be excluded.

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31. PRICE CHANGES

An unaccepted quotation may be amended where manufacturer or supplier prices change.

Once a fixed quotation has been accepted, the agreed price will not simply be increased because of a subsequent supplier increase unless:

• The Customer agrees;

• The quotation expressly allowed for an adjustment; or

• Additional goods or work are subsequently authorised.

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32. MEDIA, PHOTOGRAPHY & VIDEO

BMW Customz Ltd may photograph or video Vehicles for:

• Workshop records;

• Diagnostic evidence;

• Quality control;

• Security;

• Training; and

• Marketing/social-media content.

We will take reasonable steps not to publish unnecessary personal information.

Customers may request that identifiable images of their Vehicle are not used for marketing.

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33. COMMUNICATIONS

BMW Customz Ltd may contact Customers by telephone, SMS, email, WhatsApp or other supplied contact details in connection with:

• Bookings;

• Quotations;

• Vehicle updates;

• Invoices;

• Collection;

• Service reminders; and

• Customer-service matters.

Marketing communications will be handled in accordance with applicable law.

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34. RIGHT TO REFUSE SERVICE

BMW Customz Ltd reserves the right to refuse or discontinue service where reasonably necessary, including because of:

• Suspected fraud;

• Abusive or threatening behaviour;

• Safety concerns;

• Payment concerns;

• Misuse of services;

• Materially false information; or

• Circumstances preventing us from safely or properly performing the requested work.

Any rights or refunds required by law remain unaffected.

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35. DEBT RECOVERY & PAYMENT DISPUTES

Invoices properly due must be paid in accordance with their payment terms.

Where an invoice remains outstanding, BMW Customz Ltd may take lawful and reasonable steps to recover the debt, including:

• Debt-recovery proceedings;

• Solicitor correspondence; or

• Court proceedings.

Reasonable recovery costs may be claimed where legally recoverable.

A Customer's legitimate right to dispute a payment or use an applicable card or consumer-protection procedure is not excluded by these Terms.

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36. LIMITATION OF LIABILITY

Nothing in these Terms excludes or restricts any liability which cannot legally be excluded or restricted.

BMW Customz Ltd remains responsible where a loss is directly caused by:

• Our negligence;

• Our breach of contract;

• Defective goods supplied by us; or

• Our failure to provide services with reasonable care and skill,

to the extent required by law. The Consumer Rights Act 2015 expressly implies a reasonable-care-and-skill obligation into consumer service contracts. (Legislation.gov.uk)

Subject to those rights, BMW Customz Ltd shall not be responsible for losses which are not caused by a breach or other legal responsibility on our part.

Depending upon the circumstances, this may include:

• Loss of profits;

• Loss of earnings;

• Travel expenses;

• Accommodation costs;

• Fuel expenses;

• Loss of Vehicle use;

• Vehicle recovery costs;

• Transportation costs;

• Courtesy or replacement Vehicle costs;

• BMW/dealer diagnostic charges;

• Third-party diagnostic charges;

• Programming charges;

• Software-update charges;

• Costs of returning a Vehicle to factory specification;

• Removal/reinstallation costs;

• Costs resulting solely from manufacturer warranty refusal;

• Costs resulting from third-party interference;

• Costs resulting from subsequent dealer/manufacturer programming;

• Losses caused by pre-existing faults;

• Losses caused by unrelated component failure; and

• Indirect or consequential losses which were not reasonably foreseeable.

Nothing in these Terms excludes or restricts liability for:

• Death or personal injury caused by negligence;

• Fraud;

• Fraudulent misrepresentation; or

• Any other liability which cannot lawfully be excluded.

Consumer terms must be fair and transparent, and an unfair term may not bind the consumer. (GOV.UK)

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37. EVENTS OUTSIDE OUR REASONABLE CONTROL

BMW Customz Ltd will not be responsible for delays or failures caused by matters reasonably outside our control, including:

• Manufacturer backorders;

• Supply-chain disruption;

• Courier delays;

• Power outages;

• Telecommunications failure;

• BMW/manufacturer system outages;

• Government restrictions;

• Severe weather; or

• Other events which could not reasonably have been avoided.

We will take reasonable steps to minimise disruption where practicable.

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38. GOVERNING LAW

These Terms are governed by the laws of England and Wales.

Disputes will be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory jurisdiction rights available to consumers.

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39. ENTIRE AGREEMENT

These Terms, together with:

• The accepted quotation;

• Booking confirmation;

• Invoice;

• Job card;

• Returns & Refund Policy;

• Privacy Policy; and

• Any other expressly incorporated written terms,

form the agreement relating to the relevant goods or services.

Nothing in this clause excludes liability for fraudulent misrepresentation or any other liability which cannot legally be excluded.

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40. SEVERABILITY

If any clause or part of a clause is found to be unlawful or unenforceable, it will be modified or removed only to the extent necessary.

The remaining Terms will continue in force.

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IMPORTANT NOTICE – CODING, PROGRAMMING & RETROFITS

By authorising coding, programming, software activation or retrofit work, the Customer acknowledges that the Vehicle may differ from its original factory specification following completion.

BMW, another manufacturer, dealer or warranty provider may require coding or modifications to be removed or the Vehicle returned to factory specification before undertaking future warranty work, diagnosis, programming or software updates.

BMW Customz Ltd cannot control or guarantee another organisation's warranty decision.

A decision by BMW, another manufacturer, dealer or warranty provider to refuse warranty coverage, refuse programming or charge the Customer for diagnosis does not, by itself, establish that BMW Customz Ltd caused the Vehicle fault or performed defective work.

Where the Customer independently authorises BMW or another third party to undertake diagnosis, programming, investigation or other work, the associated charges are subject to the agreement between the Customer and that third party. BMW Customz Ltd is not responsible for those charges merely because warranty coverage is subsequently declined.

Where a Customer believes that a fault has resulted from work carried out by BMW Customz Ltd, the Customer should notify us and provide us with a reasonable opportunity to inspect and, where appropriate, rectify the issue before authorising third-party remedial work, except where it would be unreasonable to require this.

Nothing in these Terms affects your statutory rights.

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CUSTOMER ACCEPTANCE

By making a booking, accepting a quotation, paying a deposit or invoice, signing a job card, authorising work or leaving a Vehicle with BMW Customz Ltd, the Customer confirms that they have had an opportunity to read and understand these Terms & Conditions and agrees that they apply to the authorised goods and/or services.

Deposits and advance payments made through the BMW Customz quotation, invoice, booking or workshop systems are treated as non-refundable commitments, subject always to statutory consumer rights and applicable law.

Online website orders are subject to the separate cancellation provisions contained in Clause 7 and BMW Customz Ltd's Returns & Refund Policy.