Terms and Conditions of Sale

1. – General provisions – contact details of the site owner

Owner: BOBperformance operates the websites and B2B tuning file service published at bobperformance.co.uk (hereinafter “BOBperformance”).

- Address: United Kingdom
- Email: support@bobperformance.com
- Website: https://bobperformance.co.uk

2. – Purpose

2.1. These Terms and Conditions of Sale (“Terms”) govern the relationship between BOBperformance and a professional installer, meaning any legal or natural person that purchases from BOBperformance, in particular via the BOBperformance trade name and the website bobperformance.co.uk, products that allow it to change certain characteristics of its customers’ vehicles. They set out the rights and obligations of the parties in connection with the supply of products designed by BOBperformance, including calibration files, tools and accessories, enabling the installer to reprogram the engine control unit of its customers’ vehicles, in particular to run on bioethanol (E85), increase performance, or more generally modify certain vehicle characteristics.

2.2. They apply in full to every order placed between BOBperformance and the installer on bobperformance.co.uk, regardless of where the installer is located when placing the order and regardless of the place of delivery or performance.

2.3. BOBperformance is a trade name used for the file service and related products.

2.4. BOBperformance reserves its products, and in particular calibration files sold on bobperformance.co.uk, exclusively for professionals, to the express exclusion of consumers. Before any order, the installer must expressly confirm, by ticking the corresponding box, that it acts as a professional and can in no circumstances be regarded as a consumer or non-professional under these Terms.

2.5. By placing an order on bobperformance.co.uk, the installer expressly acknowledges that it has read these Terms as published on the website at the time of the order, understands them, and accepts them in full without reservation.

2.6. In addition to these Terms, product information published on bobperformance.co.uk may contain conditions specific to each product. By purchasing a product, the installer acknowledges that it has read the relevant product information and fully accepts any specific conditions stated there.

3. – Independence of the parties

BOBperformance and the installer are separate and independent entities. Nothing in these Terms creates an employment, agency, partnership or joint venture relationship between them.

4. – Pre-contractual information

4.1. The installer must at all times act as a reasonable, careful and competent professional. Use of products sold by BOBperformance, and in particular calibration files for ECU remapping, requires specific knowledge, skills and expertise. The installer is responsible for ensuring that it has the qualifications required to use these products safely; otherwise, any malfunction during installation shall be deemed to result exclusively from fault on the part of the installer.

4.2. For the same reasons, the installer must follow all instructions and steps set out in documentation provided by BOBperformance; otherwise, any malfunction during installation shall be deemed to result exclusively from fault on the part of the installer.

4.3. The installer must use official reprogramming tools when using the products covered by these Terms.

4.4. The installer must also ensure compatibility of the products with its own equipment and with the vehicles on which it installs them, and in particular that those vehicles have been properly maintained and are in a condition compatible with installation of the products.

4.5. The installer is advised that installing the products, and in particular remapping an engine ECU, may cause premature wear of certain vehicle components, including in particular:

- the injection system (injectors, low- and high-pressure fuel pumps);
- the engine (pistons, crankshaft, connecting rods);
- the turbocharger;
- the transmission (gearbox, clutch, flywheel);
- emissions after-treatment (catalytic converter, particulate filter).

4.6. In any event, the installer is strongly advised not to install the products, and in particular not to remap the ECU, on a vehicle more than four years old or with more than 100,000 km, because of age and mechanical condition.

4.7. The installer must read the vehicle parameters for its customers’ vehicles and keep a copy of the original parameters so that, if required, the vehicle can be returned to stock in line with the installer’s own contractual terms with its customer.

4.8. The installer must hold professional insurance covering risks arising from its activity, declared to its insurer and appropriate to the law of the country where it operates. Failure to do so may result in claims being refused, leaving the installer personally liable for repair costs.

4.9. The installer should, if necessary with its own legal adviser and at its own cost, inform itself about civil and criminal liability arising from its activity, the scope of that liability, and lawful ways to limit it.

4.10. The installer must ensure that installing the products on its customers’ vehicles, and in particular ECU remapping, is lawful under the law applicable to its situation. In some countries ECU remapping is prohibited and may be subject to criminal penalties including fines, seizure of property or imprisonment.

5. – When the contract governed by these Terms is formed

5.1. The contract governed by these Terms is formed only upon full payment of the price by the installer and express acceptance of these Terms.

5.2. Title to the product passes when BOBperformance sends it; BOBperformance is not liable for damage that may affect the product after dispatch.

6. – Price

6.1. Products are sold at the prices shown on the BOBperformance website at https://bobperformance.co.uk/en/pricing.html, unless otherwise stated, in euros and excluding tax.

6.2. The final price payable by the installer, accepted by placing the order, is shown on the order confirmation.

7. – Payment

7.1. Unless stated otherwise, payment is made online using the methods offered on the website and in accordance with BOBperformance’s conditions; payment is a condition of the contract between BOBperformance and the installer.

7.2. If the price is not paid in full, no contract is formed and BOBperformance has no obligation to supply the product.

8. – Supply of calibration files

8.1. After payment, the installer must upload, using only the interface provided on bobperformance.co.uk, files relating to the ECU of the vehicle to be remapped and accurately state make, model and main technical characteristics, including fuel type and power. It must also specify precisely the type of remapping required. Any malfunction or unsuitability of the product due to inaccurate information from the installer excludes any right to a refund, even if the product cannot be used for the vehicle or operation concerned.

8.2. After receiving this information and the installer’s request, BOBperformance will prepare and return a modified file to allow remapping as specified. Turnaround is usually under one hour but may take longer depending on complexity. If BOBperformance determines that it cannot deliver the requested file, it will inform the installer and refund the order as soon as practicable.

8.3. Each supply is for one specific vehicle only. The installer must not reuse a product supplied by BOBperformance on a different vehicle, even if specifications appear identical. Calibration files are bespoke and must not be used on another vehicle.

8.4. BOBperformance retains all intellectual property rights in its products. The installer must not transfer any product to a third party, whether for payment or free of charge, and must not copy or modify any product acquired from BOBperformance. In case of breach, BOBperformance may require payment of an amount equal to one hundred times the original sale price of the product.

9. – Installer’s general duty to inform, advise and warn end customers

9.1. BOBperformance reminds the installer of its duty to inform, advise and warn its own customers about the technical and legal consequences of installing the products, and in particular of ECU remapping, which vary by country regarding remapping itself, use on public roads, and sale of a remapped vehicle.

9.2. In particular, the installer should draw customers’ attention to points including (non-exhaustive list; the installer must ensure relevance to each job; end-customer rights depend on applicable law):

9.2.1. ECU remapping changes characteristics recorded on the vehicle registration document. Depending on applicable law, use on public roads may require updated registration and individual approval; otherwise civil and criminal penalties may apply in the country where the vehicle is used.

9.2.2. Under applicable law and contract terms, remapping may affect manufacturer warranty.

9.2.3. The vehicle owner must maintain valid motor insurance and confirm cover remains valid after remapping, with professional advice if needed.

9.2.3.1.–9.2.3.4. Insurance disclosure obligations (new policy or change of risk after remapping) depend on the policy and applicable law; the owner must answer insurer questions accurately and notify material changes.

9.2.4. Before selling a remapped vehicle, the owner may need to restore stock calibration, disclose modifications to the buyer, or comply with local consumer and roadworthiness rules.

9.2.4.2. In some countries remapping, possession or use on public roads is prohibited and may carry criminal penalties. The owner must confirm legality in its jurisdiction.

10. – Limitation of liability

10.1. The contract is entered into without warranty to the installer regarding defects in the supplied product. BOBperformance does not cover vehicle parts, repair costs or compensation following use of its products and is not liable for damage caused by its products.

10.2. Subsequent installation of products by the installer for its customers is at the installer’s sole risk.

10.3. In any event, if BOBperformance is liable under these Terms, its total liability to the installer or any other party shall not exceed 10% of the amount of the loss suffered.

11. – Installer indemnity

11.1. If a customer of the installer or a third party brings a claim against BOBperformance in connection with installation performed by the installer, the installer shall indemnify BOBperformance against defence costs and any sums BOBperformance may be required to pay.

12. – Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over disputes relating to these Terms, including their validity, interpretation and performance, without prejudice to mandatory provisions of law that may apply where the installer is established.

13. – Interpretation

13.1. If these Terms conflict with another document referred to on the website, these Terms prevail unless the other document expressly states otherwise with specific reference to a deviation from these Terms.

13.2. These Terms prevail over the installer’s general or particular conditions. Any contrary term imposed unilaterally by the installer is not binding on BOBperformance.

13.3. If any provision is held invalid or unenforceable, it shall be replaced by a valid provision that best reflects the original intent; the remaining provisions remain in force.

13.4. Ambiguous clauses shall be interpreted in the manner most favourable to BOBperformance.

13.5. Failure by BOBperformance to enforce any right under these Terms does not constitute a waiver of that right.

13.6. These Terms are written in English. Any translation is provided for convenience only; the English text prevails.