Terms and conditions of sale

Mechanical workshop

(Servicing, repair, diagnostics, tyres, air conditioning)

1. Reception

When the vehicle is received, a repair order is drawn up indicating, as the case may be, either the details of the work to be carried out, an estimate, or simply the reception of the vehicle pending an order for work. The Client's (or their representative's) signature on the repair order constitutes the Client's consent to the application of these general repair conditions.

2. Items left in custody

The Repairer is responsible only for accessories, devices fixed to the vehicle and objects entrusted at reception.

3. Estimate and quotation

At the Client's request, either an estimate or a quotation will be drawn up for the repairs to be carried out on their vehicle. The estimate is an indication given without dismantling, provided free of charge, as to the nature of the operations to be carried out and the approximate cost of the repair. The quotation is a detailed, costed list of the operations to be carried out, with possible dismantling or prior study. The quotation is charged for if dismantling is necessary, and will be deducted from the repair invoice if the latter is carried out. None of the repairs deemed necessary by the Repairer will be undertaken by them unless they have been agreed to by the Client.

4. Performance of the work

The work is undertaken in accordance with the request expressed by the Client on the repair order. If, during the performance of the work, it appears necessary to carry out additional work compared with the quotation, the Repairer must inform the Client. An additional quotation is drawn up. In the absence of the Client's written agreement within a period of 5 (five) calendar days from the date on which the information concerning the additional work to be undertaken was communicated, that work shall be deemed refused by the Client, under the Client's responsibility. The Repairer is released from all liability if the Client refuses to order this additional work.

5. Insurance

The Repairer is not party to any dispute, whatever its subject, that may arise between an insurance company and the Client who has ordered repairs to their vehicle. The Client is in any event liable to the Repairer for full payment of the repairs covered by the repair order.

6. Delivery

The delivery deadline for the vehicle is determined according to the Repairer's possibilities on the date of the repair order. In the event of a delay, whether due to a lack of supply or to force majeure, the Repairer will inform the Client as soon as they become aware of it. The Client must take delivery of their vehicle as soon as possible from the time it is made available. Failing this, a notice of availability will be sent to the Client, inviting them to collect their vehicle within 5 (five) calendar days following receipt of the said notice. All work entrusted to the Repairer is deemed accepted by the mere fact of the vehicle being made available to the Client or their representative. The Repairer will note on the invoice any anomalies of which they become aware upon delivery of the vehicle. The Repairer will urge the Client to remedy immediately those affecting the safety of the vehicle. Should the Client refuse the repair, the Client may be asked to sign a disclaimer of liability in favour of the Repairer. The latter declines all liability should the Client refuse to order the corresponding work.

7. Storage charge

A daily storage charge will be invoiced to the Client, after sending a registered letter serving as formal notice, from the sixth calendar day following:

• the entry of the vehicle into the workshop, unless the work is ordered before this period expires,
• the sending of the quotation, unless the work is ordered before this period expires,
• receipt of the notice that the vehicle has been made available to the client.

8. Replaced parts

The Client may view the replaced parts, on request stated on the repair order; they may be returned to the Client, except for those replaced on an exchange-standard basis or under warranty. The Repairer may freely dispose of parts not claimed at the time the vehicle is returned.

9. Payment

Any sum received from the Client by the Repairer under this repair order before delivery of the vehicle constitutes a deposit to be set against the amount of the invoice. Invoices are drawn up, whatever the amount of the work, in accordance with the rates in force at the time of the repair order. If parts are ordered specifically before the repair, they are payable in advance when ordered. In the event of remote prepayment by bank card, a pre-authorisation for the debit of the sum corresponding to the price of the ordered part will be notified to the client. The debit will take effect on the day the part is made available on our premises. The cancellation of an order, if accepted by the supplier, will give rise to the payment of an indemnity equal to 25% of the total price of the order as administrative costs. Labour times are invoiced according to the manufacturer's schedules or on a time-spent basis. Payment is made in cash prior to the return of the vehicle. As the vehicle is deemed to be left with the Repairer on deposit, the Repairer may exercise a right of retention over the vehicle until full payment of the invoice, in accordance with the provisions of article 1948 of the Civil Code. If, for particular reasons, payment is deferred, it is agreed that the parts appearing on the invoice are sold with a retention-of-title clause, the effect of which is to defer the transfer of ownership of the said parts until full payment of the entire invoice. If the vehicle was deposited by a representative of the owner, the representative will be jointly and severally liable with the owner of the vehicle. Unless otherwise stated, payments are made in cash upon issuance of the invoice or, where applicable, on the due date indicated on it. The client may choose to pay either in cash or by scriptural money (Bancontact, Mastercard, or Visa). In the event of late payment, the seller may suspend all orders in progress without prejudice to any other course of action. In the event of non-payment of all or part of an invoice, the amount remaining due will be increased automatically and without prior formal notice by interest of 12% per year, every month started being due. In addition, any unpaid invoice will be increased automatically and without formal notice by a fixed and irreducible indemnity of 15% with a minimum of EUR 150.00.

10. Warranty on spare parts

Spare parts invoiced to the Client and fitted to a vehicle benefit from a one-year contractual warranty covering parts and labour from the date of the invoice, against any defect duly established by the Repairer and the supplier. This warranty covers, on presentation of the invoice, the exchange of the part recognised as defective or its repair, as well as the resulting labour costs. This warranty does not cover the consequences of normal wear of the part, abnormal use, defective maintenance of the part, or the costs resulting from the immobilisation of the vehicle. In this respect, it is specified that the inspection will be carried out free of charge by the Repairer, while supplies and lubricant will be invoiced to the Client.

11. Disputes

This repair order is governed exclusively by Belgian law. In the event of a dispute, the parties will endeavour to resolve it amicably. If the Client is a trader, only the courts on which our registered office depends will have jurisdiction. If the Client is a non-trader, the choice of competent jurisdiction will be made according to the rules of common law.

12. Right of retention

In the event of non-payment of the sums due by the Client for the repair carried out, the Repairer may exercise their right of retention over the vehicle in accordance with article 16-12 of the Civil Code.

13. Waste collection and disposal

The Repairer, in accordance with the regulations in force, arranges for the collection and disposal of used spare parts and other automotive waste. This service is chargeable according to the method or methods displayed at the Client's reception area.

Engine calibration / additional control module

1. Application and enforceability of the terms and conditions of sale

Unless otherwise specifically agreed, any order implies the buyer's full and unreserved acceptance of these terms and conditions of sale; any other document such as a brochure or catalogue issued by the seller has no legal value. The buyer's general or particular conditions may never and under no circumstances prevail over these general conditions, save by express written derogation by the seller.

2. Conclusion of the contract

The contract is concluded by the mere signing of the purchase order. By signing the purchase order, the client irrevocably undertakes to fulfil all the obligations arising from the contract and from these general conditions.

3. Modification of the order

Any modification or cancellation of the contract requested by the buyer can only be taken into consideration if it is received in writing before any performance by the seller and/or before the installation of any hardware component. The seller is never obliged to accept a modification requested by the buyer. In any event, if the seller accepts the cancellation of the concluded contract, the buyer will owe automatically and without formal notice a cancellation indemnity equivalent to 15% of the price set in the purchase order, with a minimum of EUR 250.00. No deposit received by the seller will ever be refunded in the event of a cancellation requested by the buyer and accepted by the seller.

4. Price

The prices of the services shown on our website are the recommended catalogue prices and are stated inclusive of VAT. On other media they may also be stated exclusive of VAT. The prices of our products may be modified at any time and without notice, depending on circumstances or temporary promotions. The final price owed by the client is solely that appearing on the purchase order signed by the client.

5. Installation of the products

Installations are carried out only according to the availability of the order and in the order in which orders are received. Furthermore, installation times may vary according to the complexity of the vehicles. The installation time provided in the purchase order is purely indicative and may under no circumstances bind the seller to an obligation of result. Exceeding the delivery time may under no circumstances give rise to damages, withholding, or cancellation of orders in progress. The estimate of the time to fit parts to a vehicle is purely indicative. This may therefore result in an additional charge if the estimated time is exceeded. Exceeding the delivery time may under no circumstances give rise to damages, withholding, or cancellation of orders in progress. Certain driving aids (ABS, ESP, DSC, etc.) may be temporarily deactivated following the test of the vehicle on the power bench. The vehicle must be driven accordingly and at a moderate pace until these aids are reactivated. It is the responsibility of the client (owner or user of the vehicle) to verify that the installed products are approved in the country where the vehicle is registered and to comply with its legislation (approval, modification of the registration certificate, insurance, etc.).

6. Warranty

We guarantee only the engine calibration carried out on the vehicle. Should the calibrated vehicle return to its original configuration within 5 years of the calibration carried out in our workshops, we will reprogram the vehicle again free of charge. The preceding paragraph does not apply where, following an update, the vehicle presents a new protection that prevents POWERCONCEPT from accessing the engine control unit parameters. In addition, no refund may be claimed. It is up to the client to refuse this update. No engine part, engine, repair cost or indemnity will be borne by the seller following a breakage or other failure resulting from the sale of one of its products. Nor may the seller be held liable for damage caused to the vehicle resulting from the sale of one of its products. Certain operations or modifications result in the removal of the speed limiter (self-limitation). The client undertakes to adapt their driving and their vehicle accordingly (tyres, brakes, suspensions, etc.).

7. Payment

Unless otherwise stated, payments are made in cash upon issuance of the invoice or, where applicable, on the due date indicated on it. The client may choose to pay either in cash or by scriptural money (Bancontact, Mastercard, or Visa). In the event of late payment, the seller may suspend all orders in progress without prejudice to any other course of action. In the event of non-payment of all or part of an invoice, the amount remaining due will be increased automatically and without prior formal notice by interest of 12% per year, every month started being due. In addition, any unpaid invoice will be increased automatically and without formal notice by a fixed and irreducible indemnity of 15% with a minimum of EUR 150.00.

8. Specific regulations applicable to the installed products

The seller draws the installer's or user's attention to the fact that the calibration of the vehicle, the installation of the products or any other intervention carried out by the seller may well result in the modification of certain technical characteristics of the vehicles. After the seller's intervention, the vehicles no longer comply with the original certificate of conformity and may normally no longer be driven on public roads. For certain vehicles, an external module may be installed on the vehicle in order to carry out the preparation. The gains after preparation announced on the website are purely indicative. A lower gain obtained may under no circumstances give rise to damages, withholding, or cancellation of orders in progress. The vehicle will not be run again on the power bench following a new calibration after a factory reset at a dealership. The engine map installed in your vehicle is the property of POWERCONCEPT and may under no circumstances be read, copied or reused. Following the modifications made by the seller to the vehicle, the vehicle manufacturer may refuse to grant the manufacturer's warranty from which the client normally benefits. The seller may under no circumstances be held responsible for this loss or for a refusal of intervention by the manufacturer based on it. No indemnity may therefore be claimed from the seller in the event of the manufacturer refusing to apply the warranty. The seller draws the buyer's attention to the fact that the modifications made to the vehicle oblige the client to inform their civil liability insurance company, failing which the latter could refuse its intervention or take recourse action against its insured. The seller also points out that such a declaration to the insurer may result in an increase in the premiums paid by the insured. Under no circumstances may the seller be held liable for any refusal of intervention by the insurer or for a request for an additional premium. Some of our engine calibration products and services (software modifications on the control units) are intended exclusively for competition or for export; circumventing automobile taxation is prohibited.

9. Seller's liability

Definition: a vehicle entrusted to the seller by the client in order to carry out work, such as diagnostics, tests, optimisation, modification of the engine map, etc.

External damage caused to third-party vehicles by entrusted vehicles: the seller's liability is engaged when a vehicle is moved within the premises or in the immediate environment of our workshop:

• When a vehicle is test-driven on public roads by one of our technicians within a radius of a maximum of 20 km from the company.
• During the round trip of the vehicle entrusted by the client.
• During the towing of the entrusted vehicle.

The seller's liability may not, however, be called into question during the movement and use of the vehicle entrusted by the client, except where the vehicle is not covered by a motor third-party liability (R.C. Auto) contract and where the following conditions are met:

• the vehicle is driven by an insured person holding a valid licence appropriate to the type of vehicle driven.
• the use of the entrusted vehicle is made necessary by the work.

In the event of a claim, the provisions, amounts and limitations set out in the law of 21 November 1989 on compulsory insurance for vehicles apply.

The following damage engages the seller's liability:

• External damage caused during tests carried out by one of our technicians, within a radius of a maximum of 20 kilometres, provided that the vehicle bears its usual registration plate and that the driver of the vehicle holds a valid licence suited to the category of vehicle to which the entrusted vehicle belongs.
• Damage caused to entrusted vehicles during the performance of the work. However, damage caused to the worked parts is excluded. "Worked parts" means the assembly that had to be dismantled and reassembled in order to replace or add a part, or in order to service or adjust all or part of that assembly.
• Damage caused to entrusted vehicles as a result of a fire or explosion within the seller's workshops.

In the event of fire, blaze, explosion or smoke, our liability may be engaged only if these sudden incidents occur during refuelling operations or work carried out inside the buildings of the insured company. Likewise, the damage caused will be borne by the seller only up to a maximum amount of EUR 125,000.00.

Damage to objects located in the boot or inside the entrusted vehicle will never engage the seller's liability.

The seller's civil liability is engaged for the theft of an entrusted vehicle (options and accessories included) or for any damage resulting from a theft or an attempted theft. The right to compensation will arise only if, after a period of 30 days following the conclusion of the judicial investigation, the vehicle has not been recovered.

The seller's liability will under no circumstances be engaged for the objects transported by the stolen vehicle:

• During opening hours, vehicles whose keys and/or anti-theft system control are in or inside them and, if they are located outside the building(s), where they are neither locked nor protected by the anti-theft system.
• During the company's closing hours, vehicles that are not locked and/or not protected by their anti-theft system, located either in the building or within the premises.
• thefts committed by or with the complicity of a client or a family member, or by a person in their service, or by a subcontractor.
• The theft of objects located inside the vehicle.

10. Client's obligations and liability

As a Client, you are responsible:

• For your own choice of the Product and its suitability for the use you will make of it, and for your telephone and postal costs when you contact us.
• For the maintenance of your vehicle in accordance with the manufacturer's recommendations.
• For the regulatory declarations incumbent upon you, in particular the declarations to the insurer specified in article 8.

You owe our staff all reasonable courtesy, information, cooperation and ease of access enabling the prompt performance of our commitments, failing which we may assert the termination of the contract at your exclusive fault. Your vehicle must be in perfect working order and in good standing in terms of registration, roadworthiness inspection and insurance.

11. Data protection

You accept that the information concerning you may be stored or transferred in accordance with the applicable laws on the protection of personal data and with the computer processing managed by POWERCONCEPT. You may ask us not to use the information concerning you for commercial purposes.

12. Applicable law and territorial jurisdiction

In the event of a dispute, only Belgian law will apply and the competent courts will be those of the judicial district of Nivelles.

13. Nullity of a clause

Should one of these clauses be declared null or contrary to a mandatory norm or a rule of Belgian public policy, only that clause would be affected by the nullity. Neither the agreement nor the other clauses of these general conditions would be affected by the nullity.

This English text is a translation provided for information only. The French version of these terms and conditions of sale shall prevail in the event of any discrepancy.