Who we are. We are BorgWarner Ltd trading as Delphi, a company registered in England and Wales. Our company registration number is 03870587 and our registered office is at Brunel Way, Stroudwater Business Park, Stonehouse, Gloucestershire, United Kingdom, GL10 3SX.
How to contact us. You can contact us by telephone on +441926 679646, by writing to us at the postal address in paragraph 1.1. or by email to [email protected].
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 provide to us when interacting with the Configurator.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Your acceptance of these terms. By using the Configurator, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use the Configurator.
What these terms cover. These are the terms and conditions which govern your use of the online product configuration tool that we make available for use on our website, https://www.delphiautoparts.com/ (the "Configurator").
Why you should read these terms. Please read these terms carefully before you use the Configurator. These terms tell you who we are, explain our responsibility for the Configurator, the various services that we make available through the Configurator and provide other important information.
We may make changes to these terms. We amend these terms from time to time. Every time you wish to use the Configurator, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 23/06/2023.
We may transfer these terms. 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.
How you may use the Configurator. You may use the Configurator to configure hardware and software for a handheld car and truck automotive diagnostics tool which can be used for performing diagnostic procedures/ checks on multi brand vehicles by qualified technicians. In addition, you can also use the Configurator to select individual cables, automotive accessories and other services (such as e-learning courses and software subscriptions) that you may require.
Your configuration. Once you have configured your handheld diagnostics tool and selected any additional cables, accessories or services that you require (together a “Configured Package”), you will be given to save your configuration. Please see paragraph 5 for further information as to how you can request a quote for (and purchase) your Configured Package.
Any prices quoted are indicative and RRP only. Please note any prices displayed during your use of the Configurator are indicative only and do not: (a) comprise an offer by us to sell the Configured Package to you, either at the price stated or at all; and (b) represent the price payable by you for your Configured Package. All prices displayed via the Configurator are Recommended Retail Prices only. It is the responsibility of the Distributor to confirm the actual price payable for the sale of the product that you have configured (please see paragraph 5 for further information).
You are not able to purchase the Configured Package via the Configurator or directly from us, all purchases must be made via a Distributor. We only provide the Configurator to assist you in configuring a handheld diagnostics tool and selecting any additional accessories or services that you may require. However, we do not directly sell the Configured Package that you select and all purchases must instead be made via your chosen distributor (“Distributor”).
Obtaining a quote. There are two ways that you can request a quote for your Configured Package. They are
(a) Request a quote. Firstly, at the end of the configuration process, you will have the option to ‘Request a Quote’. If you select this option, your Configured Package (along with your contact details) will be sent directly to your local Distributor who will get in touch with you directly via telephone or email.
(b) Unique code. Alternatively, at the end of the configuration process you will be given the option to save your Configured Package with a unique code and send the saved configuration to a chosen email address. If you do not wish to use the ‘Request a Quote’ function, you can simply forward this email address / unique code to your chosen Distributor.
Purchasing the Configured Package. Your local/chosen Distributor will contact you directly to confirm the price payable for, and to arrange the sale of, the Configured Package (if you wish to proceed with the purchase). We have no involvement in those discussions and are not a party to the sale of the Configured Package. This means that your contract for the sale of the Configured Package will be with the Distributor and not with us.
Our responsibility. We accept no responsibility for the acts or omissions of the Distributor. At all times it remains your responsibility to select, negotiate and contract with the Distributor directly. We accept no responsibility for any information about the Distributor that we pass on to you, on behalf of the Distributor, in good faith.
We may make changes to the Configurator. We may update and change the Configurator from time to time to reflect changes to the products and services that can be configured via the Configurator, our users' needs and our business priorities.
We may suspend or withdraw the Configurator. The Configurator is made available free of charge. We do not guarantee that the Configurator, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Configurator for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access the Configurator through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Your account details. If you choose or are provided with a username, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We can disable your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
You must notify us if anyone knows your account details. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out in paragraph 1.2.
Our intellectual property rights. We are the owner or the licensee of all intellectual property rights in the Configurator and in the material published in it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Use of trade marks and logos displayed in the Configurator. The trade marks and logos of BorgWarner, along with those of the Distributors, affiliates and partners which may be used and displayed in the Configurator are our registered and unregistered trade marks or those of our Distributors, affiliates and partners. Except for the limited permission granted in paragraph 8.3, nothing in the Configurator should be construed as permitting you any license or right to use any of these trademarks.
What you may do with the material from the Configurator.
You may print off one copy, and may download extracts, of any page(s) from the Configurator for your personal use and you may draw the attention of others within your organisation to products listed in the Configurator.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you use our material in a way that is not permitted by these terms. If you print off, copy, download, share or repost any part of the Configurator in breach of these terms, your right to use the Configurator will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Text or data mining or web scraping is not permitted. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Configurator or any services provided via, or in relation to, the Configurator. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Configurator or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
We do not limit such activities where we are not legally permitted to do so. This paragraph shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The content in the Configurator is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content in the Configurator.
We do not guarantee that the information in the Configurator is accurate. Although we make reasonable efforts to update the information in the Configurator, we make no representations, warranties or guarantees, whether express or implied, that the content in the Configurator is accurate, complete or up to date.
We are not responsible for information provided by third parties. Where the Configurator contains links to other sites and resources provided by third parties, including but not limited to Distributors, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. We reserve the right to remove a link to a third-party site at any time.
Whether you are a consumer or business user:
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 and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to the Configurator or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Configurator; or
(b) use of or reliance on any content displayed by the Configurator.
In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
If you are a consumer user:
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
You should only upload limited content to the Configurator. You should only upload to the Configurator the information that is necessary for you to configure the handheld diagnostics tool and any additional accessories or services that you may require or to request a quote from a Distributor.
Any content you upload to the Configurator will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in paragraph 15.
The rights you grant us. When you upload content to the Configurator you grant us the following rights to use that content:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Configurator and across different media including to promote the Configurator or our services forever; and
a worldwide, non-exclusive, royalty-free, transferable licence for the Distributor you choose to enable to the Distributor to provide a quote for and to supply the Configured Package.
Acceptable use of the Configurator. By using the Configurator, you agree not to use the Configurator:
In any way that breaches any applicable local, national or international law or regulation.
16.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To upload terrorist content.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the Configurator in contravention of the provisions of these terms.
Not to probe, scan or test the vulnerability of the Configurator, nor breach the security or authentication measures in the Configurator. You may not reverse look-up, trace or seek to trace any information on any other user, or exploit the Configurator in any way where the purpose is to reveal any information, including but not limited to personal information other than your own information, except as expressly authorised by these User Terms and Conditions.
Not to access without authority, interfere with, damage or disrupt:
(a) any part of the Configurator;
(b) any equipment or network on which the Configurator is stored;
(c) any software used in the provision of the Configurator; or
(d) any equipment or network or software owned or used by any third party.
We do not guarantee that the Configurator will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Configurator. You should use your own virus protection software.
You must not introduce viruses or misuse the Configurator. You must not misuse the Configurator by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Configurator, the server on which the Configurator is stored or any server, computer or database connected to the Configurator. You must not attack the Configurator via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Configurator will cease immediately.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn't mean we can't do it later.
If you are a consumer: please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business: these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.