1.1 What these terms cover. These are the terms and conditions on which we supply services or goods to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services or goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1 You are an individual.
1.3.2 You are buying services or goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are ECU Testing Limited a company registered in England and Wales. Our company registration number is 06065974 and our registered office is at Lyndhurst 1 Cranmer Street, Long Eaton, Nottingham, Nottinghamshire, NG10 1NJ. Our registered VAT number is 893176683
2.2 How to contact us. You can contact us by telephoning our customer service team on 01773 535638 or by writing to us at Ecu Testing Limited, Delves Road, Heanorgate Industrial Estate, Heanor, Derbys DE75 7SJ or Email [email protected].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we call, write or email (whichever is sooner) you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this either by phone or in writing and will not charge you for the services or goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services or goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 We will supply the services and goods to you in accordance with your order.
4.2 Goods may vary slightly from their pictures. The images of the goods on our website or in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or a picture in our brochure accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.3 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website or in our brochure.
5. Your rights to make changes
If you wish to make a change to the services or goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
6.1 Minor changes to the services or goods. We may change the services or goods:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services or goods.
6.2 More significant changes to the services or goods and these terms. In addition, as told to you over the telephone or as set out in our brochure or as we informed you in the description of the services or goods on our website or as told to you in the course of email exchanges, we may make changes to these terms or the services or goods, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services or goods paid for but not received.
7. Providing the services or goods
7.1 Delivery costs. The costs of delivery will be as told to you over the telephone or will be as set out in our brochure or will be as displayed on our website or told to you in the course of email exchanges (depending on which method you choose to place your order).
7.2 When we will provide the services or goods:
7.2.1 Goods. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.2.2 Services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
7.3 We are not responsible for delays outside our control. If our supply of the services or goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services or goods you have paid for but not received.
7.4 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours.
7.5 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect them from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, resulting in the goods being returned to ourselves we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.
7.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
7.9 When you own goods. You own the goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services or goods to you. If so, this will have been told to you over the telephone or set out in our brochure or on our website or told to you in the course of email exchanges. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services or goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of services or goods to you. We may have to suspend the supply of a services or goods to:
7.11.1 deal with technical problems or make minor technical changes;
7.11.2 update the services or goods to reflect changes in relevant laws and regulatory requirements;
7.11.3 make changes to the services or goods as requested by you or notified by us to you (see clause 6).
7.12 We may also suspend supply of the services or goods if you do not pay. If you do not pay us for the services or goods when you are supposed to (see clause 17.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services or goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services or goods. We will not suspend the services or goods where you dispute the unpaid invoice (see clause 17.7). We will not charge you for the services or goods during the period for which they are suspended. As well as suspending the services or goods we can also charge you interest on your overdue payments (see clause 17.7).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14 if you are a consumer and clause 15 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are a consumer and have just changed your mind about the services or goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2.1 to clause 8.2.5 below the contract will end immediately and we will refund you in full for any services or goods which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the services or goods or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the services or goods you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the services or goods may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the services or goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months or.
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services or goods bought over the telephone, by mail order, by exchange of emails, or online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
8.4.1 goods that are made to your specifications or are clearly personalised;
8.4.2 services, once these have been completed, even if the cancellation period is still running;
8.4.3 any services or goods which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
8.5.1 Have you bought services (for example, testing of a car part)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.5.2 Have you bought goods (for example, an ABS pump module)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.
8.6.1 A contract for goods is completed when the services or goods are delivered, and paid for.
8.6.2 A contract for services is completed when we have finished providing the services and you have paid for them.
8.6.3 If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services or goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (Including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1 Returning goods after ending the contract. If you end the contract for any reason after services or goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01773535638 or email us at [email protected] for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.2 When we will pay the costs of return. We will pay the costs of return:
10.2.1 if the services or goods are faulty or misdescribed;
10.2.2 if you are ending the contract because we have told you of an upcoming change to the services or goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as told to you over the telephone or told to you in the course of email exchanges.
11.1 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services or goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.2 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
11.2.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.2.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 working days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.2.3 Where refund relates to services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
12. Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract for a services or goods at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services or goods;
12.1.3 you do not, within a reasonable time, allow us to deliver the services or goods to you or collect them from us;
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for services or goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the services or goods. We may write to you to let you know that we are going to stop providing the services or goods. We will let you know in advance of our stopping the supply of the services or goods and will refund any sums you have paid in advance for services or goods which will not be provided.
13. If there is a problem with the services or goods
13.1 How to tell us about problems. If you have any questions or complaints about the services or goods, please contact us. You can telephone our customer service team on 01773535638 or write to us at Ecu Testing Ltd, Delves Road, Heanorgate Industrial Estate, Heanor Derbyshire DE757SJ or Email [email protected]
14. Your rights in respect of defective services and goods if you are a consumer
14.1 Summary of your legal rights. If you are a consumer we are under a legal duty to supply services or goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services or goods. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. For services, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also clause 8.3. |
14.2 Your obligation to return rejected services or goods. If you wish to exercise your legal rights to reject services or goods you must return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01773535638 or write to us at Ecu Testing Ltd, Delves Road, Heanorgate Industrial Estate, Heanor Derbyshire DE757SJ or Email [email protected] for a return label or to arrange collection.
15. Your rights in respect of defective services or goods if you are a business
15.1 If you are a business customer we warrant that on delivery and for the period of the lifetime warranty, any services and goods shall:
15.1.1 conform in all material respects with their description and any relevant specification;
15.1.2 be free from material defects in design, material and workmanship;
15.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
15.1.4 be fit for any purpose held out by us.
15.2 Subject to clause 15.3, if:
15.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that any of the services or goods do not comply with the warranty set out in clause 15.1;
15.2.2 we are given a reasonable opportunity of examining such services goods; and
15.2.3 you return such goods to us at our cost;
we shall, at our option: repair or replace the defective goods; or re-perform the services; or refund the price of the defective services or goods in full.
15.3 We will not be liable for a service’s or good’s failure to comply with the warranty in clause 15.1 if:
15.3.1 you make any further use of such services or goods after giving a notice in accordance with clause 15.2.1;
15.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the services or goods or (if there are none) good trade practice;
15.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
15.3.4 you alter or repair the services or goods without our written consent; or
15.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
15.4 Except as provided in this clause 15, we shall have no liability to you in respect of a service’s or good's failure to comply with the warranty set out in clause 15.1.
15.5 These terms shall apply to any repaired or replacement goods, or re-performed services supplied by us under clause 15.2.
16.1 Lifetime warranty. In addition to your statutory rights and your rights in relation to defective products under these terms and conditions, we may, from time to time and at our sole discretion, provide a lifetime warranty in respect of the goods that we provide. The details of any such warranty are set out in our warranty document, which is available on our website or on request
17.1 Where to find the price for the services or goods. The price of the services or goods (which includes VAT) will be the price as told to you over the telephone or set out in our brochure or told to you in the course of email exchanges or indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services or goods advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the services or goods you order.
17.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services or goods, we will adjust the rate of VAT that you pay, unless you have already paid for the services or goods in full before the change in the rate of VAT takes effect.
17.3 What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the services or goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the services or good at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the services or goods at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
17.4 When you must pay. When you must pay depends on what services or goods you are buying:
17.4.1 For goods, you must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.
17.4.2 For we will invoice you for the price of the services when we have completed them.
17.5 How you must pay. We accept payment with MasterCard, Visa, PayPal and bank transfer.
17.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
18. Our responsibility for loss or damage suffered by you if you are a consumer
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services or goods as summarised at clause 14.
18.3 We are not liable for business losses. If you are a consumer we only supply the services or goods to you for domestic and private use. If you use the services or goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.
19. Our responsibility for loss or damage suffered by you if you are a business
19.1 Nothing in these terms shall limit or exclude our liability for:
19.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
19.1.2 fraud or fraudulent misrepresentation;
19.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
19.1.4 defective services or goods under the Consumer Protection Act 1987; or
19.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
19.2 Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19.3 Subject to clause 17.1:
19.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
19.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for services or goods under such contract.
20. How we may use your personal information
20.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website at www.ecutesting.com/privacy-policy/.
21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
21.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
21.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services or goods, we can still require you to make the payment at a later date.
21.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services or goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services or goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services or goods in either the Northern Irish or the English courts.
21.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please ask us for the details of our alternative dispute resolution provider if you wish to use this service and we will tell you our provider at that time. Our alternative dispute resolution provider will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online
21.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.