Terms of Service

BR-Performance — General Terms and Conditions

English translation of the Dutch version incorporating the targeted amendments.

1. General provisions

1.1. The legal relationship and every agreement between BR-Performance (B & C Consulting BV, enterprise number 0819.957.826, trading as “BR-Performance”, with its registered office at Molenweg 94, Unit 2, 2830 Willebroek) and the customer are governed exclusively by these general terms and conditions, unless otherwise agreed in writing and acknowledged by both parties.

1.2. The general terms and conditions are always available on the website: http://www.br-performance.be/nl-be/verkoopsvoorwaarden/. Each order is subject to the terms and conditions published on the website at that time. By placing any order or purchasing services or products from BR-Performance, the customer confirms that they have read and accepted these general terms of use and sale.

1.3. BR-Performance may amend and update these terms and conditions. Under no circumstances shall any general terms and conditions of the customer apply to the agreement between BR-Performance and the customer. If any of these terms is legally invalid for any reason, the remaining terms shall continue to apply in full.

2. Information, quotations and order confirmation

2.1. The information made publicly available by BR-Performance, including through its website, is general in nature and may be updated or amended. In principle, this information is not tailored to personal or specific circumstances. BR-Performance reserves the right to change the characteristics of its services and products.

2.2. All quotations issued by BR-Performance include VAT, are made without commitment and are valid for only 14 calendar days from the quotation date, unless otherwise agreed.

2.3. Quotations are based on the prices and rates currently applied by BR-Performance. They are also calculated on the basis of two parameters: 1) the current price or rate for the part and/or software purchased; and 2) the current price or rate for labour hours, calculated, among other things, on the basis of information supplied by the customer.

The number of labour hours stated in the quotation is always an estimate. If this estimate is to be exceeded by more than 30%, the customer will be informed in advance as provided in Article 3 of these general terms and conditions.

2.4. Quotations issued by BR-Performance are not binding unless the customer has signed or otherwise unequivocally accepted them and has adequately identified themselves. Every accepted quotation or order entails an obligation to pay on the part of the customer.

2.5. Every order placed by the customer for products and/or parts other than software concerns products and/or parts specific to that customer. BR-Performance will in turn order those products from a third party, taking the customer's specifications into account. By accepting the quotation and these general terms and conditions, the customer acknowledges that the relevant order must in all cases be paid in full in advance, even if the customer subsequently cancels it (see also Article 3.3 and following).

2.6. BR-Performance will only be obliged to provide services after it has been able to carry out an in situ examination of the vehicle concerned. If this examination shows that the vehicle is unsuitable for the services to be provided, BR-Performance reserves the right to refuse to provide those services. BR-Performance will always clearly explain the reasons for such refusal to the customer. The customer may not recover any transport costs or other costs incurred from BR-Performance.

The in situ test carried out by BR-Performance is always performed at the customer's own risk.

3. Orders, prices and availability

3.1. The prices of BR-Performance's services and products are provided for information and are expressed in euros (EUR, €), unless expressly stated otherwise. The applicable price is the price stated in the quotation. Prices include VAT and exclude shipping and administration costs. Additional handling charges apply to some orders. Prices may fluctuate, and BR-Performance reserves the right to change the prices of its products at any time. Products are invoiced at the prices applicable when the order is placed, as stated on the website or otherwise determined or agreed between BR-Performance and the customer.

3.2. BR-Performance processes orders subject to stock availability and the limitations set out in these terms and conditions. BR-Performance reserves the right to refuse orders where there are serious grounds to suspect abuse of rights or bad faith on the part of the customer.

3.3. If the customer wishes to cancel an order, they must always do so in writing. A cancellation can only be considered accepted if BR-Performance sends the customer written confirmation. As provided in Article 2.5, the customer remains obliged to pay for the products and/or parts ordered in the event of cancellation. Failure to attend an appointment without giving at least 24 hours' notice will result in a fixed charge of EUR 75.

3.4. Once BR-Performance has installed the products, or any part of the products, for the customer, the customer may no longer cancel the order.

3.5. All additional services, whether or not directly covered by the order, are invoiced separately. These include, without limitation, labour hours for fitting, reprogramming and installation. The customer will receive an estimate of the expected costs in advance. If unforeseen costs specific to the vehicle being reprogrammed arise, the customer will be informed in advance, either orally or in writing, but only if the estimate is to be exceeded by more than 30%. If the customer then decides not to bear that cost, they must in all cases pay the costs already incurred.

3.6. All obligations of BR-Performance are expressly obligations to exercise due care and diligence, rather than obligations to achieve a particular result. Obligations to achieve a particular result are expressly excluded.

4. Delivery and acceptance

4.1. BR-Performance supplies the services and/or products ordered at the time and place specified in its order confirmation and after full payment of the price, unless the parties agree otherwise in writing.

4.2. When handing over the vehicle to BR-Performance for the provision of its services, the customer warrants that the vehicle is in a technically safe condition, is validly insured and complies with all legal requirements.

4.3. If any hidden defects or risks are identified during diagnosis or performance of the services, BR-Performance may suspend the work or charge additional costs.

4.4. Technical findings, diagnoses and log files produced by B-R Performance are presumed correct unless proven otherwise.

4.5. The vehicle will be made available to the customer once the services have been completed. Delivery periods are approximate and are stated for guidance only (see also Articles 2 and 3). Any delay shall not entitle the customer to compensation or termination of the agreement. Where applicable, deliveries are shipped at the customer's expense and risk, including risks relating to storage, loading, transport and unloading. Where the customer is not a consumer, the stated delivery date or period is always purely indicative and does not constitute a firm commitment by BR-Performance.

4.6. B-R Performance is entitled to charge vehicle storage fees if the customer does not collect the vehicle within 3 days after completion of the work. Parts or vehicles not collected within 30 calendar days may be removed, disposed of or destroyed by B-R Performance, without the customer being entitled to compensation. All costs relating to storage, relocation or removal shall in that case be borne by the customer.

4.7. The customer authorises B-R Performance to carry out road tests with their vehicle where necessary for diagnosis, adjustment, repair or quality control. The customer warrants that the vehicle is validly registered and insured for use on public roads and provides B-R Performance with all necessary vehicle documents.

4.8. Exceptionally, B-R Performance may agree to install parts supplied by the customer. B-R Performance installs these at the customer's risk and provides no warranty whatsoever concerning those parts, their origin, operation, compatibility or conformity. It accepts no liability for any damage resulting from their use.

5. Failure to fulfil obligations

5.1. If the customer fails to fulfil any essential obligation, such as making full payment on time, or cancels the order after its confirmation by BR-Performance, B-R Performance is entitled to terminate the agreement without judicial authorisation or prior formal notice. In that case, the customer owes the other party fixed compensation amounting to 30% of the price of the products ordered, without prejudice to B-R Performance's right to claim a higher amount, and unless otherwise provided in these general terms and conditions.

6. Inspection, acceptance, warranty and liability

6.1. The customer must take immediate delivery of the goods and inspect them thoroughly. Any visible defects must be reported immediately by the customer. Once the customer has left the workshop, B-R Performance accepts no further liability for visible defects. The customer undertakes, on pain of forfeiting the relevant claim, to notify BR-Performance by registered letter of any other complaints, damage or non-conformity with the order within five days after delivery of the product or provision of the service. If the customer immediately notices a problem upon delivery of the product or provision of the service, they must accept the goods only subject to a written reservation. Deliveries are deemed accepted if the customer fails to notify BR-Performance of any complaints in good time and in the manner specified in this Article.

Signing the work records constitutes conclusive evidence that the services stated in them have been performed.

6.2. BR-Performance guarantees that the products and/or services it sells conform to the order placed and meet the customer's normal expectations.

6.3. Satisfaction guarantee: BR-Performance applies a voluntary satisfaction guarantee for Stage 1 software-only tuning. This guarantee is a separate voluntary arrangement which does not affect the other warranties in this Article or mandatory consumer law provisions and relates solely to correct technical performance, rather than subjective satisfaction. If the customer demonstrates a technical problem with the reprogramming of their vehicle and wishes to give B-R Performance a reasonable opportunity to resolve it, they must notify BR-Performance of their dissatisfaction in writing within 14 days. BR-Performance will seek to remedy the problem as soon as possible. Late notification results in the loss of this voluntary guarantee. Any refund may be full or partial and applies only to consumers. BR-Performance may voluntarily decide to apply this arrangement to business customers as well. This arrangement does not apply to Stage 1+, Stage 2, Stage 3 or tuning involving added or modified hardware.

For Stage 1+, Stage 2, Stage 3 and tuning involving hardware modifications, no warranty is given regarding performance, wear or consequences; only the correct execution of the agreed work is warranted.

6.4. BR-Performance also applies the following warranties. The additional commercial warranties are personal and non-transferable upon sale or transfer of the vehicle, unless otherwise agreed in writing. Statutory warranty rights are not restricted by this provision:

• Products and installation: Products sold by BR-Performance are subject to the applicable statutory warranty rights. BR-Performance additionally provides a warranty for correct installation of 2 years for consumers and 1 year for customers other than consumers, starting on delivery. For business customers, the product supplier's warranty is otherwise passed on to the customer, without prejudice to applicable statutory rights.

• Software warranty: BR-Performance provides a warranty of 2 years for consumers and 1 year for customers other than consumers, starting on the initial reprogramming, covering the correct installation and operation of the software it supplies in accordance with the agreed vehicle configuration. This software warranty remains applicable regardless of the vehicle's age and regardless of the expiry of the original manufacturer's warranty. It includes the free correction of defects attributable to the software supplied or its installation. Statutory warranty rights for digital content and services remain fully applicable. The software warranty does not in itself constitute a general mechanical warranty for the vehicle.

• Reprogramming within safety standards — additional mechanical warranty: BR-Performance provides an additional commercial mechanical warranty of up to 2 years for consumers and up to 1 year for customers other than consumers, starting on the initial reprogramming, covering adverse effects on the engine attributable exclusively to reprogramming by BR-Performance, provided that the agreed configuration remains within the safety standards set by the manufacturer. BR-Performance remains responsible for the professional assessment and implementation of the calibration it applies; the customer must comply with the operating and maintenance instructions provided.

This additional mechanical warranty applies only while the original manufacturer's warranty for the mechanical component concerned is still in force. It ends as soon as the original time or mileage limit of that manufacturer's warranty is reached, whichever occurs first. Vehicles older than 6 years are under no circumstances covered by an additional commercial mechanical warranty.

The vehicle's age is calculated from the date of first registration, including where that registration took place abroad. An ongoing additional mechanical warranty ends at the latest as soon as the vehicle is older than 6 years. If the original manufacturer's warranty expires earlier, that earlier expiry applies. An extended dealer warranty, insurance warranty or used-vehicle warranty, further reprogramming or a subsequent repair does not create a new additional mechanical warranty period. A separate paintwork, corrosion or other warranty for an unrelated component does not extend the mechanical cover. A refusal by the manufacturer based solely on the reprogramming does not in itself end BR-Performance's additional warranty before the original time or mileage limit.

• Reprogramming outside safety standards: For modifications outside the safety standards set by the manufacturer, no additional commercial mechanical warranty is provided for effects on the vehicle and engine, including wear. The software warranty and responsibility for correct execution of the agreed work remain in place.

The limitations of the additional mechanical warranty concern the vehicle's existing mechanical components. They do not restrict the statutory warranty on new products sold by BR-Performance, the software warranty or liability for a fault attributable to BR-Performance under Article 6.13. With regard to the software warranty and additional mechanical warranty, this Article takes precedence over any conflicting provisions in these terms and conditions, without prejudice to mandatory law.

6.5. As a goodwill gesture and without any obligation to achieve a particular result, BR-Performance may decide to carry out reprogramming again following a manufacturer's software update that substantially affects an earlier reprogramming of the vehicle, provided that this is technically possible. This arrangement applies for a maximum of 12 months after the vehicle's initial reprogramming and cannot give rise to any entitlement or claim for compensation by the customer.

6.6. The additional commercial warranties cannot be invoked for defects or damage caused by any of the circumstances listed below. A circumstance with no causal connection to the reported defect does not automatically invalidate the warranty. Statutory warranty rights, rules of evidence and the liability referred to in Article 6.13 remain unaffected:

6.6.1. In the event of misuse of the product or use of the vehicle on a circuit, in competitions, on test days or track days, as well as excessive or abnormal use, including, without limitation, repeated use of launch control, flat-shift, anti-lag or similar functions, or improper use, including, without limitation, inappropriate maintenance, external modifications, use of unsuitable or inferior fuels, fluids or additives, or failure to follow instructions;

6.6.2. Where maintenance by a business other than BR-Performance was carried out incorrectly or inadequately and thereby caused the reported defect;

6.6.3. Where any damage is caused by force majeure, as defined below;

6.6.4. Where additional unsuitable equipment is connected to the product sold;

6.6.5. Where the customer intentionally damages the product;

6.6.6. In the event of damage to the product caused by the customer;

6.6.7. Where the vehicle has also been tuned or modified by another service provider;

6.6.8. Where the vehicle falls outside the safety standards specified by the manufacturer;

6.6.9. Where replacement parts not installed by BR-Performance are fitted to the vehicle;

6.6.10. Where modifications are made to parts or products installed in the vehicle by BR-Performance.

6.7. The additional mechanical warranty cannot be invoked for problems resulting from age, normal wear, material ageing, a pre-existing or latent mechanical defect, inadequate maintenance, or a product or design defect attributable to the vehicle manufacturer, insofar as the cause cannot be attributed to BR-Performance.

The customer is informed that reprogramming may increase mechanical and thermal loads. As a result, pre-existing wear or latent defects may become apparent earlier, including in the engine, turbocharger, injectors, timing system, clutch, flywheel or gearbox. A preliminary diagnosis or dynamometer test is not a complete mechanical inspection or a guarantee that such defects are absent, and does not constitute any commitment concerning the remaining service life of existing components.

A defect occurring after reprogramming does not in itself prove that the reprogramming caused the defect. Conversely, age or mileage alone is not sufficient to rule out a fault by BR-Performance. BR-Performance remains obliged to professionally assess known or reasonably identifiable risks and to perform the work correctly. Statutory rules of evidence and presumptions remain fully applicable.

6.8. To invoke the product warranty, the customer must notify BR-Performance of the defect by registered letter within two months after discovering it or after the point at which they could reasonably have discovered it.

6.9. Depending on the defect established, the additional commercial warranty includes repair or replacement free of charge, including the necessary replacement parts and labour. If repair or replacement is not possible, an appropriate solution will be agreed, including a refund and return of the product concerned where possible. Statutory rights to repair, replacement, a price reduction, termination and compensation remain unaffected where applicable.

The customer must give BR-Performance an opportunity to investigate the complaint and the causal connection before a final assessment of warranty cover or liability is made. The customer must provide reasonably available maintenance records, fault codes, diagnoses and information about earlier or later modifications. Insofar as reasonably possible, the components concerned and relevant log files must be retained, and no major dismantling, repair or overwriting of the software may take place before BR-Performance has had a reasonable opportunity to investigate. Urgent safety measures, necessary steps to limit damage and reasonable independent expert assessment remain permitted.

Accepting or examining a vehicle does not constitute an admission of liability. A diagnosis or repair by a third party likewise does not automatically result in a loss of rights. In the event of serious fault messages or indications of mechanical damage, the customer must restrict further use as soon as it is safe to do so, to prevent additional damage.

For any diagnosis, dismantling, transport or investigation that may be charged to the customer, the scope, rates and an estimate of costs must be communicated and accepted in advance. Where a defect is covered by the statutory warranty, BR-Performance bears the costs for which it is responsible under that warranty. In the event of an attributable fault, necessary and reasonable investigation, transport and consequential costs are assessed under the applicable law. Where the complaint is not covered by a warranty and BR-Performance is not liable, only costs validly agreed in advance may be charged. This Article does not generally exclude compensation for damage that is legally recoverable.

6.10. BR-Performance cannot be held responsible for the loss, theft or damage of objects left in the vehicle.

6.11. BR-Performance is not liable for the loss of data, software, coding or settings, nor for ECU locks, security measures or restrictions arising from software updates, resets or interventions by third parties, including, without limitation, manufacturers, dealers or external diagnostic equipment.

6.12. Any dynamometer measurements, including power and torque measurements, are carried out in accordance with professional standards but are always indicative and without any guarantee. Dynamometer measurements can never give rise to any liability on the part of BR-Performance.

6.13. The absence or expiry of an additional commercial mechanical warranty does not release BR-Performance from liability for a fault or breach attributable to it in carrying out the agreed work. This also applies where the vehicle is older than 6 years or the original manufacturer's warranty has expired.

A claim for compensation is assessed under the applicable rules on liability and evidence, including the existence of an attributable breach, damage and a causal connection. The mere fact that a defect occurs after reprogramming is not in itself sufficient to establish liability. Statutory presumptions and consumer rights remain unaffected.

No provision of these general terms and conditions excludes liability for intentional misconduct, fraud, gross negligence, harm to life or physical integrity, or failure to perform essential obligations. Mandatory statutory liability and warranty rights remain fully applicable. In the event of a conflict with other exclusions of liability in these terms and conditions, this Article takes precedence.

Depending on the findings and applicable law, a remedy may take the form of repair, replacement, a refund or compensation. BR-Performance may also voluntarily offer a goodwill contribution, without such a gesture in itself constituting an admission of liability.

6.14. Exclusively in relation to customers who are not consumers, liability for an ordinary minor fault in the performance of a non-essential ancillary obligation is limited to EUR 25,000.00 per incident, or EUR 50,000.00 for an incident occurring during a road test of the vehicle by BR-Performance.

These limitations do not apply in the exceptional cases referred to in Article 6.13, to damage resulting from a fault in the agreed reprogramming or installation as an essential service, or where the limitation is not permitted under the applicable law or would create a manifest imbalance between the parties' rights and obligations.

These contractual caps do not apply to consumers. The existence or extent of liability does not depend on an insurer's decision to provide cover or on the amount actually paid by that insurer.

6.15. Under no circumstances shall an employee, consultant, director, manager or other appointee be liable to the customer on a non-contractual basis for a fault committed during BR-Performance's performance of the agreement with the customer.

6.16. BR-Performance does not provide legal, homologation or vehicle inspection advice. Use of the vehicle on public roads is solely the customer's responsibility.

6.17. Before the work is carried out, the customer is informed of the technical risks relevant to their vehicle and of the distinction between the software warranty and the additional commercial mechanical warranty. The date of first registration, mileage, and the applicability and limits of the additional mechanical warranty are recorded on the work order on the basis of reasonably available information. Any uncertainty in this regard is discussed with the customer before the work is carried out.

By accepting the work order, the customer confirms receipt of this information, including the fact that no additional mechanical warranty applies once the original manufacturer's warranty for the mechanical components concerned has expired and that no such warranty applies in any event to vehicles older than 6 years. This confirmation is not a waiver of statutory rights, an exemption from liability for faults by BR-Performance or a reversal of the statutory burden of proof.

The limitations introduced in this version apply only to new orders for which they were communicated and accepted before the agreement was concluded. They do not restrict warranties previously granted or rights under agreements already concluded.

7. Transfer of ownership, delivery and right of retention

7.1. The products supplied remain the property of BR-Performance, even if they have been modified or incorporated, until the price has been paid in full, meaning the principal amount plus any interest, costs and taxes. Until full payment has been made, the customer is not entitled to use, sell, pledge or provide them as security in favour of third parties. Notwithstanding this retention of title, risk passes to the customer upon delivery. From delivery onwards, the customer bears all risks relating to the goods sold.

7.2. Products are always delivered “ex works”.

7.3. If the customer fails to collect their vehicle on time, a storage charge may be imposed.

7.4. A customer who cannot make their vehicle available at the agreed time must notify BR-Performance at least 48 hours in advance, in writing and unequivocally.

7.5. Upon the second cancellation of an agreed appointment, compensation equal to 20% of the quotation prepared for the customer must be paid to the other party within 8 days after formal notice by registered letter. This does not affect the customer's obligation to pay for the parts ordered under Article 2.5.

7.6. When aftermarket parts are installed, the customer is responsible for collecting their parts on time, namely the original parts replaced by BR-Performance at the customer's request. The customer relinquishes ownership of their original parts if they are not collected within 14 days from the date of installation.

7.7. B-R Performance reserves the right to retain the customer's vehicle until its services have been paid for in full.

8. Invoicing and payment

8.1. All prices are always expressed in euros. BR-Performance reserves the right to adjust prices if external circumstances change the cost of providing the services.

8.2. Unless the invoice states otherwise, the price is payable no later than upon receipt of the goods. Any objection to an invoice must be notified to BR-Performance within 7 days; otherwise, the invoice will be deemed accepted and therefore payable.

8.3. In the event of non-payment or late payment, default interest accrues automatically, without any reminder being required, calculated daily at the interest rate established under the Act of 2 August 2002 on combating late payment in commercial transactions.

8.4. In addition, as compensation for non-payment or late payment and without prior formal notice, a fixed compensation amount of 15% is payable for unpaid or late-paid amounts up to and including EUR 1,500.00, with a minimum of EUR 120.00. For amounts from EUR 1,501.00 up to and including EUR 10,000.00, the compensation is 10% of the invoice amount. For amounts above EUR 10,000.00, compensation of 8% applies. This compensation covers out-of-court collection costs and does not affect the right to claim a procedural indemnity for judicial collection costs.

8.5. In the event of non-payment or late payment by a consumer, BR-Performance first sends the customer a single free reminder. Any invoice remaining unpaid thereafter will be increased by the statutory fixed compensation, including statutory interest calculated from the first reminder until full payment and reminder costs. The fixed compensation is calculated as follows:

a) EUR 20 if the outstanding balance is less than or equal to EUR 150;

b) EUR 30 plus 10% of the amount due on the portion between EUR 150.01 and EUR 500 if the outstanding balance is between EUR 150.01 and EUR 500;

c) EUR 65 plus 5% of the amount due on the portion above EUR 500.01, up to a maximum of EUR 2,000, if the outstanding balance exceeds EUR 500.

8.6. In the event of non-payment, BR-Performance reserves the right to exercise its right of retention until payment has been made in full.

9. Complaints

9.1. BR-Performance always makes every effort to satisfy its customers. If the customer nevertheless has any complaints concerning BR-Performance's goods and/or services, they may submit them to BR-Performance through (contact details + operation of the complaints procedure).

9.2. BR-Performance aims to handle every complaint within 14 working days.

10. Force majeure

Force majeure means any circumstance that BR-Performance could not have taken into account when entering into the agreement and as a result of which the customer cannot reasonably require normal performance of the agreement. Such circumstances include war or the threat of war, whether or not Belgium is directly involved; full or partial mobilisation; a state of siege; riots; sabotage; flooding; fire or other destruction and damage in factories or warehouses; lockouts; occupation of business premises; strikes; breakdown of machinery or tools or other disruptions, both at BR-Performance and at businesses from which BR-Performance obtains goods, raw materials or other supplies or where BR-Performance is required to perform services; restrictive governmental or public-law measures of any kind; impediments caused by adverse weather conditions; shortages of means of transport; and restrictions or impediments affecting the production and/or supply of goods, raw materials and/or auxiliary materials, fuels and/or energy.

11. BR-Performance's intellectual property rights

11.1. The goods, services, content and all elements of BR-Performance's website, including trademarks, logos, designs, drawings, data, product and/or company names, texts, images, software and similar materials, are protected by intellectual property rights, including copyright and trademark rights, belonging to BR-Performance or to third parties that have authorised BR-Performance to use them. The customer is not entitled, for any reason, to modify, copy, distribute, transmit, disseminate, offer again, reproduce, publish, license, transfer or sell any information or content obtained, or to create derivative works from the aforementioned elements. The supply of goods or services by BR-Performance does not entail any transfer or granting of its intellectual property rights. Without BR-Performance's permission, it is prohibited, for any reason and by any means, to establish an automatic link between BR-Performance's website and another website or any link that automatically links back to BR-Performance's website.

11.2. In particular, software offered by BR-Performance remains its exclusive property. The customer is granted only a personal, temporary and non-exclusive right of use, which they may not transfer, assign, pledge, convey or lend in any form, whether for payment or free of charge. The customer shall not make the software available to third parties in any way, directly or indirectly, for payment or free of charge. The customer is prohibited from copying the software. The customer is prohibited from translating, adapting, arranging or otherwise modifying the software without BR-Performance's prior written consent. Upon ceasing to use the software, the customer shall destroy all copies of the software and the accompanying documentation and manuals. The customer shall ensure that the software remains confidential.

11.3. Any infringement of BR-Performance's intellectual property rights may be pursued through civil and criminal proceedings in accordance with applicable legislation.

12. Implications of vehicle modifications and the customer's obligations

12.1. Modifications made to the vehicle may result in changes to its CO2 emissions, NOx emissions and/or consumption, or may affect the performance, power, capacity and consumption of the battery, including its degradation, in the case of an electric or non-traditional vehicle. These effects may be positive or negative. This applies to both traditional and non-traditional passenger cars, motorcycles and commercial vehicles. The customer acknowledges that BR-Performance has informed them of the impact of such modifications on CO2 emissions, NOx emissions, vehicle consumption and/or the battery of an electric vehicle, including possible tax implications. The customer remains responsible for these consequences of the modifications made to the vehicle at their request, and BR-Performance therefore cannot be held liable for them in any way.

12.2. Modifications made to the vehicle may fall within the concept of “substantial modifications”. They may result in the vehicle no longer corresponding to its existing approval certificate, approval report (PVG), insurance cover or certificate of conformity (C.O.C.), with the result that the vehicle may no longer be used on public roads.

12.3. By signing these general terms and conditions, the customer confirms that they are aware of the obligations incumbent upon them before using BR-Performance's services and/or purchasing its products. The customer further confirms that they have taken the necessary steps to comply with the legislation applicable to the purchase and use of BR-Performance's goods and/or services.

The customer's obligations include, without limitation:

• Obtaining the vehicle manufacturer's approval before making or having any modifications made;

• Taking the necessary steps to have the vehicle inspected immediately after the modifications have been carried out;

• Taking the necessary steps to ensure that the certificate of conformity, approval certificate and approval report are adapted to the modified vehicle;

• Informing the relevant bodies, including the customer's insurer, of the modifications made to the vehicle;

• Never using the vehicle on public roads if it is not authorised for such use as a result of the modifications made.

12.4. By signing these general terms and conditions, the customer confirms that they are sufficiently aware of all the consequences that BR-Performance's goods and/or services may have for the vehicle.

12.5. BR-Performance cannot be held liable in any way: (i) if the customer, for any reason, does not obtain approval for the vehicle to return to public roads; (ii) for any change in CO2 emissions, NOx emissions or vehicle consumption resulting from the modifications made; (iii) for the limitation or loss of any third-party warranties, including the manufacturer's warranty, that may apply to the vehicle; and/or (iv) for any other consequences, whether legal or otherwise, including financial or other penalties, and restrictions on the use of the vehicle.

13. Images and communications

13.1. The customer expressly authorises B-R Performance to take photographs and videos of the vehicle and the work performed during the work. B-R Performance may use these images for commercial and informational purposes, both internally and externally. Personal data or recognisable number plates will not be published unless otherwise agreed in writing. The customer always retains the right to object to a publication in writing.

14. Miscellaneous provisions

14.1. BR-Performance's failure to exercise a right or apply a sanction shall never constitute a waiver of that right.

14.2. The invalidity of any provision of these general terms and conditions shall not invalidate all their provisions.

14.3. For any further information or comments concerning these general terms and conditions, you may contact BR-Performance at: Molenweg 94, Unit 2, 2830 Willebroek.

14.4. B-R Performance applies a separate Software Update & Back to Stock Policy. This applies to all services provided by B-R Performance to the customer and is available upon request by contacting [email protected].

14.5. These general terms and conditions apply in full where the customer is a consumer within the meaning of Book VI of the Belgian Code of Economic Law or Article 1649bis, § 2, 1° of the Civil Code, meaning that they purchase or use the services or products covered by this agreement for non-professional or non-commercial purposes.

15. Disputes and jurisdiction

15.1. In the event of any dispute between BR-Performance and the customer concerning the use of BR-Performance's services, the purchase of its products and/or the application or interpretation of these general terms and conditions or the agreement between BR-Performance and the customer, the courts of Mechelen shall have exclusive jurisdiction or, where the customer is a consumer, the courts of the consumer's place of residence.

15.2. The agreement is governed exclusively by Belgian law.

Translation and official version notice

This English version is a translation provided for information purposes only. Only the original Dutch (Flemish) version constitutes the official and authoritative version. In the event of any discrepancy, ambiguity or difference in interpretation between the two versions, the Dutch version shall prevail. This translation neither amends nor supplements the content of the original version.