Terms & Conditions
A legal disclaimer
* Exhaust system modifications (including silencers, resonators, sports cats, decats)
* ECU tuning, remapping, or software adjustments (including pops & bangs / crackle maps)
* Emissions system modifications (including catalytic converters, DPF, EGR systems)
* Intake, turbocharger, or performance-related upgrades
2. ROAD LEGALITY & TYPE APPROVAL
I acknowledge and understand that:
* My vehicle must comply with all applicable UK laws, including but not limited to the Road
Traffic Act 1988 and the Road Vehicles (Construction and Use) Regulations 1986.
* Modifications may cause the vehicle to **no longer comply with Type Approval
requirements**, making it illegal for use on public roads.
* Any modification that increases exhaust noise, alters emissions control systems, or
affects safety systems may render the vehicle unlawful for road use.
3. OFF-ROAD / TRACK USE
I acknowledge that:
* Certain modifications are supplied and/or fitted strictly for **off-road, track, motorsport,
or show use only**, unless explicitly confirmed otherwise in writing.
* I will not use the vehicle on public roads where it does not comply with legal
requirements.
4. EXHAUST NOISE & EMISSIONS
I understand that:
* Modifications may increase exhaust noise beyond legal limits.
* Modifications may alter or disable emissions control systems (including catalytic
converters and DPF systems), which may make the vehicle non-compliant with emissions
regulations.
* It is my responsibility to ensure compliance before using the vehicle on public roads or
presenting it for MOT testing.
5. ECU TUNING & SOFTWARE MODIFICATIONS
I acknowledge that:
* ECU remapping and software modifications may alter vehicle behaviour, emissions
output, and safety parameters.
* Features such as pops & bangs / crackle maps may increase noise emissions and may
not be road legal.
* I accept full responsibility for any consequences arising from such modifications.
6. CUSTOMER RESPONSIBILITY
I accept full and sole responsibility for:
* The use of the vehicle after modifications have been completed
* Ensuring the vehicle complies with all legal requirements before being driven on public
roads
* Any penalties, fines, enforcement action, or legal consequences arising from the use of
the vehicle
7. NO INDUCEMENT OR ENCOURAGEMENT
I confirm that:
* South Tuningz Ltd T/A Apex Performance Edenbridge has **not encouraged, induced, or advised** me to use an illegally
modified vehicle on public roads
* I have made an independent decision to proceed with the requested modifications
8. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
* South Tuningz Ltd (trading as Apex Performance Edenbridge) shall not be liable for any
direct or indirect loss, penalties, fines, prosecution, or damages arising from the use of the
vehicle following modification
* Responsibility for legal compliance rests solely with me as the vehicle owner/operator
9. ADVERTISING & REPRESENTATION
I acknowledge that:
* No statement made by South Tuningz Ltd T/A Apex Performance Edenbridge should be interpreted as confirming road
legality unless explicitly stated in writing
* I have not relied on any assumption regarding legality without independent verification
​
9. AUTHORISATION
The Customer hereby authorises the Company to operate, test, inspect, modify, and/or
otherwise handle the Customer’s vehicle for the purposes of diagnostics, calibration,
performance tuning, mechanical work, and/or dynamometer testing.
This includes operation:
• On public and private land where necessary
• On a rolling road / dynamometer (including high load and high RPM conditions)
• In any manner reasonably required to carry out the requested services
10. ASSUMPTION OF RISK
The Customer acknowledges and accepts that:
• Vehicle testing, tuning, and dynamometer operation involve inherent and significant
risks, including but not limited to mechanical failure, component damage, fire, and total
engine or drivetrain failure
• A dynamometer places the vehicle under extreme mechanical stress, which may
expose pre-existing faults or cause catastrophic failure
• Modified or performance vehicles carry increased and unpredictable risk
• The condition, history, and suitability of the vehicle is entirely the Customer’s
responsibility
The Customer voluntarily accepts all such risks, whether known or unknown.
11. NO WARRANTY OR GUARANTEE
The Company provides no warranty or guarantee, express or implied, including but not
limited to:
• Vehicle performance outcomes
• Reliability following modification or testing
• Continued roadworthiness or legal compliance
All services are carried out at the Customer’s risk.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
• The Company shall not be liable for any loss, damage, or destruction of the vehicle or
any of its components, whether arising during or after testing, tuning, or operation
• The Company shall not be liable for any indirect, incidental, or consequential losses,
including but not limited to loss of use, loss of income, or recovery costs
Nothing in this Agreement shall exclude liability where it cannot legally be excluded
under UK law.
13. INDEMNITY
The Customer agrees to fully indemnify and hold harmless the Company against any
and all claims, demands, losses, damages, liabilities, costs, or legal actions arising
from:
• The operation or condition of the vehicle
• Any failure or defect in the vehicle
• Any third-party claims relating to the vehicle
14. ROAD LEGALITY, ECU TUNING & EXHAUST MODIFICATIONS
The Customer expressly acknowledges and agrees that:
• Modifications carried out by the Company, including but not limited to **ECU
remapping, performance tuning, exhaust system modifications, decat pipes,
sports catalytic converters, and emissions system alterations (including DPF and
EGR systems) may render the vehicle non-compliant with UK road traffic laws.
• Such modifications may:
• Increase exhaust noise beyond legal limits
• Alter or disable emissions control systems
• Cause the vehicle to fall outside of Type Approval or Construction and Use
Regulations
• Certain services and products are supplied and/or fitted strictly for off-road,
track, motorsport, or competition use only, unless explicitly confirmed otherwise
in writing.
• The Company does not represent, warrant, or guarantee that any modified
vehicle will be road legal.
• The Customer confirms that:
• They have been clearly informed of the potential legal implications
• They are solely responsible for ensuring the vehicle complies with all applicable laws
before use on public roads
• They will not use the vehicle on public roads where it does not meet legal
requirements
• The Customer further acknowledges that the Company has not encouraged,
induced, or advised the use of an illegally modified vehicle on public roads.
• To the fullest extent permitted by law, the Customer agrees that the Company
shall not be liable for any fines, penalties, prosecutions, vehicle seizures, or
other enforcement action arising from the vehicle’s condition or use following
modification.
15. RELEASE OF LIABILITY
The Customer hereby releases, discharges, and waives any and all claims against the
Company arising from:
• The operation, testing, or modification of the vehicle
• Any loss, damage, injury, or death associated with the vehicle
This release applies to the fullest extent permitted by law.
16. CONDITION OF VEHICLE
The Customer confirms that:
• The vehicle is structurally sound and suitable for testing
• All relevant information regarding the vehicle has been disclosed
• The Company is not responsible for identifying hidden faults
Terms & Conditions - the basics
South Tuningz Ltd T/A Apex Performance Edenbridge (herein after referred to as Agent) will provide the requested services and
deliverables.
All vehicles submitted for dynamometer calibration are presumed to be in proper working order at the time of presentation. Agent is not
responsible for verifying this condition. It is the customer responsibility to ensure that the vehicle’s servicing and timing belt and chain
schedules are current.
Agent reserve the right to decline calibration of a vehicle if they determine it is not in suitable condition. No warranty, express or implied,
is provided for any vehicle components before or after the dynamometer calibration process, with the exception of the calibration file
itself.
Agent do not assume any liability from the date the dynamometer calibration process. Furthermore, if any modifications have been
made to the vehicle and a fault subsequently develops, Agent do not accept liability for any of those components, whether prior to,
during, or after any dynamometer calibration process.
It is crucial to acknowledge that vehicle components can fail under standard operating conditions, just as they can after dynamometer
calibration. Dynamometer calibration frequently exposes existing vulnerabilities within a vehicle’s system, as it is now operating at a
higher performance level than previously accustomed to. Proper engine maintenance, including regular servicing with high-quality oil
and parts, the use of premium fuel, and mechanical empathy, are all essential for optimal engine performance. If the vehicle requires
mechanical attention, it is imperative to address these issues before considering a dynamometer calibration.
Agent do not cover or guarantee against any unforeseen damage that may arise during or after the dynamometer calibration process.
Should any faults become apparent during or after the dynamometer calibration process, Agent will inform the client.
Agent disclaim liability for any mechanical or electrical components, including but not limited to turbos, injectors, clutches, gearboxes,
DPFs, boost leaks (boost pipes), coil packs, timing belt and chains, and cam belts.
These components possess a serviceable lifetime, and dynamometer calibration places increased demands upon them, potentially
leading to issues if they are not in optimal condition.
The Client Must:
Accept that the fuel efficiency of a vehicle post dynamometer calibration is contingent upon various factors, including but not limited to:
Ambient temperature, driving habits, tire pressures, and consistent, proper vehicle maintenance.
It is the customer responsibility to inform their insurance provider of any modifications made to the vehicle’s Engine Control Unit (ECU).
Agent offer clients the opportunity to test drive their vehicle following services, enabling them to evaluate the enhanced performance
resulting from the dynamometer calibration. During this test drive, Agent aim to confirm that the vehicle has responded favourably to the
dynamometer calibration service.
Should customer report any vehicle faults after the service has been completed, Agent request that customer contact Agent
immediately. Agent will provide all possible advice to assist in resolving the issue and may request customer return the vehicle for
diagnostics or calibration adjustments if deemed necessary.
• Vehicle owners in the United Kingdom should be aware that operating a vehicle on any public road or related area with a removed anti-
pollution device constitutes an offense, unless the vehicle is exclusively used for motor racing or off-road sports.
Refunds are not offered. Agent do not assume liability for any mechanical component failure occurring during or after dynamometer
calibration. Your engagement with services signifies your acceptance of these terms and conditions.