For Performance Tuning, ECU Remapping, Calibration, and Related Services
This Waiver, Disclaimer, and Absolute Release of Liability (“Agreement”) applies to any performance tuning, ECU remapping, ECU/TCU calibration, diagnostics, software modification, performance testing, adjustment, modification, or related vehicle service performed by DAS Tuning (collectively, “DAS Tuning Services”).
1. Authority and Capacity
I hereby represent and warrant that I am the legal owner of the vehicle identified below, or that I otherwise have full legal authority to authorize DAS Tuning to perform the requested services on the vehicle (the “Vehicle”).
I further represent and warrant that I have full authority and legal capacity to enter into this Agreement and to authorize any tuning, remapping, calibration, diagnostics, software modification, testing, or related work requested.
2. Vehicle Condition and Customer Responsibility
I confirm that, to the best of my knowledge, the Vehicle is in full working mechanical and electrical condition and has been appropriately maintained prior to being presented to DAS Tuning.
I acknowledge that it is my responsibility to ensure that the Vehicle is suitable for the requested tuning or performance service.
I understand that performance tuning may place additional load and stress on the Vehicle’s engine, turbocharger(s), transmission, clutch, drivetrain, cooling system, fuel system, electrical systems, control units, and other mechanical or electrical components.
I acknowledge that pre-existing wear, defects, weaknesses, modifications, inadequate maintenance, or component deterioration may not be apparent before tuning and may become evident or result in failure during or after the tuning process.
DAS Tuning reserves the right to refuse, suspend, or discontinue any tuning or related service if faults, risks, incompatibilities, or safety concerns are identified before or during the work.
3. Assumption of Risk
I knowingly and voluntarily acknowledge and assume the risks associated with performance tuning, ECU remapping, calibration, testing, and modification of the Vehicle.
I understand that modifying a Vehicle from its factory configuration may increase power, torque, boost pressure, operating temperatures, component loads, and other performance parameters and may consequently accelerate wear or contribute to mechanical or electrical failure.
Such risks include, but are not limited to, damage to or failure of the engine, engine internals, turbocharger(s), supercharger, transmission, clutch, flywheel, drivetrain, cooling system, fuel system, sensors, control units, electronic systems, and other serviceable or performance-related components.
I understand that component failure may occur during or after tuning even where the Vehicle appeared to be operating normally before the service.
I voluntarily accept these risks and authorize DAS Tuning to proceed with the requested services.
4. No Guarantee of Performance Results
I understand and acknowledge that any horsepower, torque, boost, acceleration, or other performance figures stated, advertised, estimated, or discussed by DAS Tuning are approximate only and are not guaranteed.
Actual results may vary between vehicles depending on factors including, but not limited to, the Vehicle’s mechanical condition, existing modifications, fuel quality, ambient conditions, temperature, hardware configuration, drivetrain condition, maintenance history, and other variables.
I acknowledge that DAS Tuning does not guarantee that the Vehicle will achieve any particular performance figure or result.
5. Vehicle Warranty and Insurance
I understand and acknowledge that tuning, remapping, calibration, software modification, or other performance modifications may affect or void manufacturer, dealer, third-party, extended, financing, leasing, or other warranties or agreements applicable to the Vehicle.
I understand that DAS Tuning does not provide any warranty on the Vehicle itself following tuning, remapping, servicing, calibration, or modification work.
I further acknowledge that it is solely my responsibility to inform my insurer of any tuning, remapping, calibration, or other modifications made to the Vehicle and to determine whether those modifications affect my insurance coverage.
DAS Tuning makes no representation or guarantee that any damage, failure, accident, loss, or liability associated with a tuned or modified Vehicle will be covered by my insurance.
6. Mechanical and Electrical Component Failure
I acknowledge and agree that DAS Tuning is not responsible, to the fullest extent permitted by applicable law, for the failure of serviceable, mechanical, or electrical components during or after tuning or related services, including but not limited to turbochargers, clutches, flywheels, engine internals, transmissions, sensors, control units, fuel-system components, cooling-system components, or drivetrain components.
I understand that tuning may expose pre-existing weaknesses or accelerate the failure of worn, damaged, marginal, or otherwise compromised components.
I accept responsibility for repair, replacement, labour, recovery, and other associated costs arising from such component failure, except to the extent liability cannot lawfully be excluded.
7. Vehicle Data and Electronic Systems
I acknowledge that diagnostics, ECU/TCU reading or writing, remapping, calibration, programming, or related services may result in the loss or reset of stored settings, radio codes, control-unit memory, adaptations, vehicle data, or other electronic information.
To the fullest extent permitted by applicable law, I accept the risk of such loss or reset and release DAS Tuning from responsibility for restoring or replacing such data or settings.
8. Software Integrity and Third-Party Interference
I understand that any subsequent reading, writing, alteration, modification, removal, or interference with software supplied or installed by DAS Tuning by another tuner, workshop, third party, customer-owned device, or software tool may affect the Vehicle’s operation and immediately invalidate any tuning-related support or warranty provided by DAS Tuning, where applicable.
DAS Tuning shall not be responsible for faults, damage, performance changes, data loss, or other consequences arising from third-party or customer interference with DAS Tuning software or calibration.
9. Customer-Requested Modifications
I acknowledge that all tuning and modification work is performed according to the services and instructions I have authorized.
Where I request a particular tuning configuration, performance target, calibration, modification, or other customer-directed change, I acknowledge and accept the risks and consequences associated with that request.
DAS Tuning reserves the right to refuse any requested modification that it considers unsafe, unsuitable, incompatible, or otherwise inappropriate for the Vehicle.
10. Release and Waiver of Liability
To the fullest extent permitted by applicable law, I hereby release, waive, and discharge DAS Tuning, including its owners, directors, employees, contractors, agents, affiliates, and service providers, from claims, demands, liabilities, damages, losses, costs, or causes of action arising out of or relating to the authorized tuning, remapping, calibration, diagnostics, testing, software modification, performance modification, or related services performed on the Vehicle.
This includes, to the fullest extent permitted by applicable law, claims relating to mechanical or electrical component failure, loss of vehicle use, loss of earnings, loss of data, performance outcomes, repair or replacement costs, or indirect or consequential loss associated with the requested services.
Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
11. Acknowledgment and Acceptance
I confirm that I have read and understood this Agreement before authorizing DAS Tuning to perform work on the Vehicle.
I acknowledge that I have been given the opportunity to raise questions regarding the requested services and understand that performance tuning and vehicle modification involve inherent mechanical, electrical, software, and performance-related risks.
By signing this Agreement, I voluntarily accept those risks and authorize DAS Tuning to proceed with the requested services.
12. Severability
If any provision, or any portion of a provision, of this Agreement is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates.
Any dispute arising out of or relating to this Agreement or the services provided shall be subject to the jurisdiction of the courts of Dubai, United Arab Emirates.
