These website Terms and Conditions written on this webpage shall manage your use of our website, Evans Parker accessible at .
These terms will be applied fully and affect to your use of this website. By using this website, you agreed to accept all terms and conditions written in here. You must not use this website if you disagree with any of these website standard terms and conditions.
Minors or people below 18 years old are not allowed to use this website.
Other than the content you own, under these Terms, Evans Parker and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
Certain areas of this website are restricted from being access by you and Evans Parker may further restrict access by you to any areas of this website, at any time, in absolute discretion.
In these website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this website. By displaying Your Content, you grant Evans Parker a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
This website is provided “as is,” with all faults, and Evans Parker express no representations or warranties, of any kind related to this website or the materials contained on this website.
In no event shall Evans Parker, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. Evans Parker, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
You hereby indemnify to the fullest extent Evans Parker from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Evans Parker is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review these Terms on a regular basis.
Evans Parker is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Evans Parker and you in relation to your use of this website, and supersede all prior agreements and understandings.
These Terms will be governed by and interpreted in accordance with the laws of the United Kingdom, and you submit to the non-exclusive jurisdiction of the courts located in the UK for the resolution of any disputes.
1.1. “The Company”, Evans Parker Limited, the person who is the vendor of the services and or goods to the customer.
1.2. “The Customer”, the person contracting for goods and services to be supplied by the Company.
1.3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
1.4. “Goods” means all things to be sold by the Company to the Customer.
1.5. “Services” means all services, including repairs, provided by the company to the Customer.
These terms shall represent the whole contract between the Company and the Customer. They may be varied only by written agreement between the parties.
The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
5.1. Unless specifically agreed in writing, all work is agreed on an estimate basis.
5.2. Unless specifically agreed in writing, time for completion of any work is not essential.
5.3. Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Company reasonable control.
5.4. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required, every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.
7.1. Where the service includes the provision of goods, the Company reserves the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order).
7.2. All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice.
7.3. Worn units will only be accepted in a clean and oil free condition.
7.4. All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice quoting the invoice number.
7.5. In the event of cancellation, for any reason, the customer agrees to return any Goods to the Company’s premises.
7.6. The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party (including where the Customer is in administration/ receivership). The Customer must store the goods separately from other goods until paid for.
Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
9.1. The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if this estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.
9.2. Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.
Payment by cleared funds in respect of any vehicle, service or services, parts and / or work undertaken will be due with invoice for consumers and shall be made on, or prior to taking delivery of the vehicle.
For Business customers, invoices issued will be subject to the Payment Terms specified on the invoice issued for the services, parts and / or work undertaken.
10.1. In the event that the Payment Terms of an invoice have not been met on the due date an email and / or telephone reminder will be issued.
If the reminder is not acted upon and the original invoice is not settled in full within 3 working days of the reminder(s) a supplimentary invoice will be issued by our Credit Control Department for additional interest calculated by the BoE Base rate prevailing at the time the original invoice was issued + 8% from the date of the original invoice to the date of the issue of the supplimentary invoice, plus additional statutory compensation for recovery costs.
A further three working days will be allowed for the full payment of the sum of the two invoices issued.
In the event that after the additional three working days that the full payment has not been recevied by us the matter will be passed in it’s entirety to a third party collections agency for the recovery of the entire debt without any further communication from us, where additional costs and charges are likely to be added to the total outstanding amount in relation to the debt recovery, and court costs in the event of continued non payment up to the point full payment is received.
11.1. Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer’s warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.
11.2. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.
11.3. Subject to clause 11.4 below, the Company assigns to the Customer, the benefits of any applicable manufacturer’s warranty for parts fitted to a vehicle in the course of a repair or service as follows:
Genuine VW Group parts – 24 months parts and labour.
Aftermarket new parts – 12 months parts only.
Used parts – No warranty for parts or labour.
11.4. The Company’s obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following: –
11.4.1. Failure to notify the Company of the defect.
11.4.2. Failure to afford the Company opportunity to rectify the problem.
11.4.3. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.
11.4.4. Installation of a part or electronic program into the vehicle or goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company
11.4.5. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer’s schedule as coming within the scope of such operation.
The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle. The Company will not be responsible for the vehicle and any damage however caused while the vehicle is parked on the public highway.
Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Company to be the Customer’s agent or by any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.
Where a person who, so far as the Company is aware, has authority to uplift Goods or Vehicles and does so, the Company shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
The customer acknowledges that the Company has a legal lien upon any vehicle or vehicles left with the Company for supply of goods and services for all monies due from the customer on any account.
Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer’s risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the negligence or default of the Company, its employees or agents.
If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.
If, following the completion of services the Customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
The Company shall obtain the Customer’s express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
In the event of a factory reconditioned unit being fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacture’s credit note is received, the surcharge will be cancelled.
Any vehicle which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of the Customer last known to the Company and shall be deemed to have been received by the Customer on the day following the date of posting, or if that shall be a Sunday or a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer’s last known address.
23.1. The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Company, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Dealer Principal at the Company address.
23.2. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
24.1. Please note that we do not operate an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013. All other statutory rights remain unaffected.
24.2. In the event of a part or good that needs to be returned to us for any reason you will bear all costs of the return if no other agreement has been made in advance and expressly agreed in writing by both parties.
Vehicle Tuning and Modifications.
It is important that you fully understand the Terms and Conditions of Trade under which all work by Evans Parker is conducted.
We will require that customers confirm they have read the information on this page in full prior to providing us consent to Remap your vehicle.
The terms listed below are current and prevail over all previous versions.
Consent:
By having Evans Parker Remap your vehicle, you are consenting to us to work on, and change your vehicle from its current configuration / form. We will make modifications to the software currently present in your vehicle’s ECUs in order to achieve performance gains. Where required, we may carry out mechanical work, removing and fitting parts in order to gain access to the vehicle’s components.
It is known that some manufacturers are applying software updates to later models during a service campaign or mechanical repair. This update provides an anti-tuning measure which can render the Engine control unit defective upon writing an aftermarket file (Non-original factory software). In the event of an Engine control unit failure during the file writing process, MapTune accepts no responsibility for repair or cost to repair of any components damaged.
Services:
These Terms and Conditions will be binding between us and yourself, upon you providing us with consent to work upon your vehicle.
Prior to carrying out the installation of the software, we scan your vehicle with a diagnostic tool for reported fault codes. In the event that any codes are detected, we will advise you accordingly and require your consent to proceed. We do not make any representations or warranties that the tool will identify any underlying defects, therefore it’s impossible for us to know the overall condition of your engine internals and components.
The software we install is designed to work within the limitations and standard specification of a healthy vehicle, however, we make no representations or warranties that the additional demands requested by the software will not expose or exacerbate a previously unknown fault or weakness with your vehicle, which may ultimately lead to a failure. Engines and other components can and do fail simply via age, wear, poor servicing or manufacturing defects.
Performance gains (power and torque) are estimates provided by the software providers and are commensurate with age, mileage and condition of the vehicle. On the day of the installation, you are invited to extensively test drive your vehicle after the software has been applied to ensure that you are completely satisfied with the results.
Modifications and Vehicle Insurance / Finance / Warranty agreements:
You are legally obliged to tell your current or prospective insurer of any and all modifications made to your vehicle.
If your vehicle is purchased through a finance plan, such as Personal Contract Purchase (PCP) or Hire Purchase (HP), then you are the ‘keeper’ and not the ‘owner’ of the vehicle. You are therefore contractually obliged to contact your lender and obtain written permission from them for any non-standard modifications.
We make no representations or warranties that the installation of software will not invalidate any manufacturer or third-party warranty you may currently have in place, it is your responsibility to read the terms and conditions of any said warranties you may have in place.
30-Day Money-Back Guarantee:
We offer a 30-day money-back guarantee on our work where the tuned file has been provided to us by Quantum Tuning. We will advise you on this and confirm on the invoice we provide you for the work undertaken.
This guarantee is always subject to the following conditions:
Installation and Call Out Fees:
Installation and Call out fees (when the work is conducted at a location that is not one of our tuning centres) apply to every job carried out by Evans Parker.
These fees are included in the total cost quoted for tuning your vehicle, and are for the installation of the tuning file into your ECU and the mobile service travelling to you, if applicable. The cost will be broken sown on the invoice we provide you.
In Sussex, Hampshire, Surrey, West London and Buckinghamshire this fee is £75.00 per visit.
In all other areas, this fee is calculated per visit.
Vehicles which have already been tuned:
It is your responsibility to advise us if your vehicle has been previously tuned or modified from standard.
If during the file tuning process it has established that the vehicle has been tuned previously and no additional gains can be obtained from further modifying the file within the ECU, you will have the options to:
· Continue the tuning process and applying the tuning provided by us for the agreed price for the service.
· Abort tuning with the understanding that the following fees apply:
1. £70.00 fee for time spent setting up and reading of the ECU file via OBD.
2. If the ECU required removal from your vehicle, a £100.00 fee will apply.
3. If we provided a mobile service to you, then the appropriate call-out fee as specified above will by applicable in addition to 1 or 2 above.
Virtual Reads – Server Based ECU Files:
On some vehicles, we might be unable to obtain a direct copy of the file within your ECU.
In this situation, we will need to download a copy of the file that would have been present in your vehicle at the point of delivery from the manufacturer from a server for us to tune. In such situations it is impossible for us to determine if your vehicle has been previously tuned or had any modifications performed, and thus by tuning your car we will overwrite a previous tune and any associated modifications.
It remains your responsibility to know and inform us if the vehicle has been previously tuned or modified and to what end. In this circumstance, no refunds or 30-day policy shall apply, and further chargeable work may be required to undertake any modifications to our tuned file.
Lifetime Software Warranty:
The software we install never changes, if an issue arises with your vehicle, it will most likely be due to a mechanical or electrical fault, not a fault with the software. Once the fault is fixed, your vehicle will continue to perform to the same standard as it did when we initially carried out the installation.
All our work comes with a lifetime software warranty. This only covers the software. No other hardware components, including but not limited to the ECU itself, any engine components or gearbox components are covered by this warranty. It is only the software provided during the tuning operation. This includes any necessary updates, should they be recommended for safety reasons by the suppliers of the software we install.
An additional mechanical warranty can be purchased at additional cost via our partners Quantum Tuning for the tuning files provided by them for additional peace of mind. These carry their own Terms and Conditions, which will be within any documentation provided.
General Wear and Tear:
As above, no hardware components are covered by any kind of general warranty. You accept that vehicles suffer wear and tear, with many perishable parts. When tuning your vehicle, it remains your responsibility to ensure the vehicle is fit for tuning. The extra BHP may cause already worn or defective components to become more apparent or to fail completely. No refunds or 30-day policy applies where a mechanical issue is present with the vehicle.
Back To Stock / Factory / EA189 Rollback:
We can set a vehicle back to stock (original factory settings) at any time.
The cost for doing so is dependent on the vehicle, and ECU fitted. For a quote on having your vehicle returned to stock, please contact us.
Where you, the customer, are a consumer, these terms and conditions do not affect your statutory rights.
Our terms and conditions are a required formality to determine the position of all parties and to manage expectations.
Our Terms and Conditions of Business and our Payment Terms shall prevail above all others in all circumstances.
That said, we are as personal as we are professional and will always do everything we can to assist you with your requirements. If you have any questions about our terms or the services we offer please do always ask.
If you have any questions relating to any of our terms and conditions please give us a call on 01243 914914, email us or WhatsApp us.
You can contact Evans Parker in writing at the registered address: Unit 3a, Woodhorn Business Centre, Woodhorn Lane, Oving, Chichester, West Sussex, PO20 2BX