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BMW Calls It Lifetime Fluid. ZF Calls It a Service Interval.

by Obie Cuevas 01 Jun 2026

Tech & Maintenance

BMW Calls It Lifetime Fluid.
ZF Calls It a Service Interval.

Your ZF 8HP is one of the best automatics ever bolted behind a BMW or Porsche engine. What it isn't is "sealed for life." Here's what the company that actually builds the thing says about changing the fluid.

If you own a modern BMW with an automatic, there's a good chance the dealer told you the transmission "never needs servicing." It's printed in the owner's literature, repeated at the service desk, and treated as gospel across half the forums on the internet. The problem is that the gearbox in your car wasn't designed by BMW. It was designed by ZF, and ZF tells a very different story.

The ZF 8HP family (the 8-speed automatic found in everything from an F30 328i to a G80 M3, plus Porsche, Jaguar, Land Rover, Ram and others) is filled at the factory with a specially developed semi-synthetic fluid. ZF calls that fill "maintenance-free," but in the very same breath the company recommends an oil change, because the fluid ages far faster under real-world conditions than it ever does in a lab. High speeds, towing, and what ZF politely calls "sporty driving" all cook it harder than the spec sheet assumes.

So where did "lifetime" come from? It's less an engineering claim than a warranty definition. Let's clear it up.

The Marketing

"Lifetime fill." No service interval. The fluid is sealed in at the factory and never needs to be touched for the life of the vehicle.

The Engineering

ZF and the other automakers using the 8HP publish a real service interval, commonly framed as roughly every 8 years, and sooner under heat and load. "Lifetime" effectively means "as long as the warranty."

Technicians who've gone straight to ZF's engineers describe it bluntly. These transmissions are validated to around 100,000 miles with an "acceptable" failure rate on the original fluid. One hundred thousand miles happens to land just past the powertrain warranty and any goodwill window, so a failure after that point stops being the automaker's problem. "Lifetime" was a maintenance-cost and marketing decision, not a discovery that the fluid had become immortal.

// 01Why the fluid actually matters

Transmission fluid isn't just lubricant. In the 8HP it's also the hydraulic fluid that runs the valve body, a coolant, and a friction modifier that the clutch packs rely on to engage cleanly. As it ages it does three things you don't want: it shears down and loses viscosity, it loads up with clutch material and microscopic metal, and it gives up the additives that keep shifts crisp and the mechatronic unit happy.

The early symptoms are the ones plenty of owners write off as "just how it drives now." A faint groan or flare on a cold start. Shifts that hang a beat longer than they used to. The occasional harsh 2-1 downshift, or a torque-converter lockup that shudders under light throttle. None of that is normal. It's old fluid telling you it's done.

The tuned-car asterisk

If your car makes more than stock power (a flash tune, a downpipe, bigger turbos, E85) you're pushing more heat and torque through the same clutches and the same fluid the factory rated for a stock car. On builds like that we treat fluid as a wear item, not a one-and-done. It's exactly the kind of car we build for, and exactly why we don't put any stock in "lifetime."

// 02So when should you change it?

Here's the honest answer. ZF's own published guidance has shown up at different mileages in different documents and for different applications, with figures in circulation running anywhere from about 50,000 miles up to roughly 93,000 miles (150,000 km). The part that matters more than any single number is the qualifier ZF attaches to it: shorten the interval under high temperature, high load, or an unknown service history.

For the street cars, daily drivers, and especially the tuned and track-driven BMWs and Porsches we deal with, that shakes out to something like this:

Recommended service windows

How the car is used Suggested interval
Stock, gentle daily driving 60,000 to 80,000 mi
Stock, towing / heavy traffic / hot climate 50,000 to 60,000 mi
Tuned street car (flash, bolt-ons) 40,000 to 50,000 mi
Track / high-power / E85 builds 30,000 mi or by condition

A drained sample tells the real story better than any odometer rule of thumb. When in doubt, drop the pan and look at what comes out.

// 03How an 8HP fluid service actually works

This is where the 8HP surprises people. There's no dipstick. You don't "fill it to a line." The correct level is set by a standpipe at the fill plug, and here's the part that trips up DIYers and quick-lube shops: it's only correct at a specific fluid temperature. Get the temperature wrong and you'll set the level wrong, even if everything else was perfect. ZF is blunt about this. Fill outside the specified window and you end up with the wrong level, which leads to malfunction and possible failure. Overfill it and the excess can be pushed out of the overflow when hot, where it can land on the exhaust and catch fire.

Before any of the steps below, you drop the pan, drain the old fluid, and fit a new filter and gasket. On most 8HP applications the filter is built into the pan, so a proper service means a fresh pan-and-filter assembly, not just a drain and refill. With that done, the refill begins.

Stage 1 · Refilling after a drain

Start
Open the fill plug
Add ZF LifeguardFluid 8 until it runs back out of the fill hole
Start the engine
Top up again until fluid runs back out of the hole
Is an auxiliary transmission cooler fitted?
Yes
Overfill by about 0.5 L (roughly half a quart), close the plug, then drive until the thermostat valve opens (fluid climbs past about 75°C / 167°F) so the cooler circuit fills
No
Go straight to setting the level
Continue to Stage 2: setting the level

Setting the level is the temperature-critical part, and it's the reason this is a job for someone who can read live transmission temperature. The transmission has to be brought into the correct window, held there, and cycled through the gears so the converter and clutch circuits are genuinely full before the level means anything.

Stage 2 · Setting the level (temperature critical)

Start · engine running
Is the fluid between 40 and 50°C (86 to 122°F)? BMW and hybrid units want 40 to 50°C; Maserati wants 50 to 60°C
↻ too cold? let it warm up · too hot? let it cool down · then recheck
↓ once in range
Hold 2,000 rpm for 30 seconds to fill the torque converter, then settle back to idle
Cycle through P, R, D and manually select 1 and 2, holding each about 10 seconds (confirm the temp is still in range)
Open the fill / level plug
Does fluid run out of the hole?
Yes
Wait until the flow slows to single drops. That is the correct level.
No
Add LifeguardFluid 8 until it just begins to run out
Fit a new fill plug to torque, clean the area, and check for leaks
Done

4th-generation 8HP owners, read this

On the newest (4th-generation) 8HP transmissions, think current G-chassis BMWs, the oil level check, fill, and change can only be done with an OEM-level scan tool running the dedicated routine. There's no manual workaround and no fill plug to eyeball. If a shop tells you they can do a 4th-gen 8HP without the right tool, walk away.

// 04The numbers that matter

For the techs and the hands-on owners, here are the plug and pan specs straight from ZF's service data for the 8HP, with imperial equivalents added. Exact threads and drive sizes vary by application, so always confirm against the spec for your specific unit.

Screw-plug torque

Plug Drive Thread / hex Torque
Fill / level Rear-wheel drive M18x1.5, 8 mm hex 35 Nm ±3.5 (~26 lb-ft)
Fill / level Four-wheel drive M22x1.5, 10 mm hex 30 Nm ±3.0 (~22 lb-ft)
Drain Rear-wheel drive M18x1.0, 10 mm hex 8 Nm ±1.0 (~71 lb-in)
Drain Four-wheel drive (varies) M10x1.0, 5 or 8 mm hex, or bayonet 12 Nm ±1.2, or "turn to stop"

Drain-plug variants: the 8HP55 uses the 5 mm hex M10x1.0 plug; the 8HP90 uses the 8 mm hex version of it; the 8HP65 and 8HP95A use a bayonet-style drain that turns to a hard stop instead of a torque figure.

Oil pan, by material

Pan material Bolt torque Filter
Aluminum 4 Nm + 45° (angle) Separate part
Plastic 10 Nm (~89 lb-in) Integrated in pan
Steel plate 12 Nm (~106 lb-in) Separate part

The exact bolt-tightening sequence

This is the part people get wrong, and it's the difference between a sealed pan and a slow leak you'll chase forever. The pan bolts do not get run down in a circle. ZF tightens them crosswise, working from the center of the pan outward, so the gasket loads evenly and the pan doesn't pull or warp. Start every bolt by hand first. Then torque them in the numbered order below, ascending, never skipping ahead.

ZF example tightening order · 8HP oil pan

14 8 4 2 6 10 12 16 13 9 5 1 3 7 11 15
1 & 2 · center, tightened first then ascending, alternating side to side

Bolt count and exact layout vary by transmission. This is ZF's representative example; pans with more bolts (end and corner holes, shown faint) simply continue the same outward pattern. Always follow the sequence published for your specific unit.

Mind the electronics (ESD)

Once the pan is off, the mechatronic unit and its connectors are exposed, and they're sensitive to static. ZF calls for ESD precautions: don't touch the contacts, use conductive workwear, and keep any electronic parts in their ESD packaging until they go in. A static zap you can't even feel can damage the valve-body electronics.

Fill temperature window (level set)

Variant Min Max
General (RWD / X-drive / basic 8HP) 30°C / 86°F 50°C / 122°F
BMW & hybrid units 40°C / 104°F 50°C / 122°F
Maserati applications 50°C / 122°F 60°C / 140°F

A couple of application notes worth knowing. Use only ZF LifeguardFluid 8, the fluid ZF specifies for these gearboxes, and never add an aftermarket additive. Additives change the chemistry the clutches and valve body were designed around, and "improving" the fluid is a fast way to ruin it. The correct quantity and the matching pan come in an application-specific ZF kit, and the kits are not interchangeable. The kit for a BMW 8HP70 is not the kit for an Audi 8HP55, and you'll find metal-pan and plastic-pan versions, with and without fluid included. Match it to your exact transmission. A typical kit gives you the oil pan (with the filter either built into the pan or supplied as a separate part), a fresh gasket and seals, new fill plugs, and, on the "with oil" versions, the correct fluid. One catch the kit chart makes obvious: plug-in hybrids such as the 8P75 PH take ZF LifeguardFluid Hybrid 1, not LifeguardFluid 8, so don't assume every 8-speed runs the same oil. Finally, all-wheel-drive cars have a transfer case and front and rear differentials with their own fluids, plugs, and separate fill-and-road-test procedures that the gearbox service doesn't cover.

// 05Quick answers

If BMW says lifetime, won't a fluid change void something?

No. Servicing the transmission with the correct ZF-spec fluid and parts is straightforward preventive maintenance. The "lifetime" label is about BMW's service strategy, not a rule against changing the fluid.

Flush or drain-and-fill?

For a healthy transmission serviced on a sensible interval, a pan drop with a new filter and a proper fill is the standard job. High-mileage units that have never had the fluid touched are a more nuanced conversation, since aggressively flushing a neglected transmission can sometimes do more harm than good. That's exactly why the fluid condition gets evaluated first.

Can I do this in my driveway?

The mechanical part is doable. The temperature-dependent fill is not forgiving, and most newer units need a scan tool, so this is one of the most common ways a "simple" service turns into a no-start-into-gear tow. If you can't read live transmission temperature, it's worth having a properly equipped shop handle it.

// 06Does this kit fit your BMW?

The 8HP sits behind a huge slice of the BMW lineup, from a 320i up to an M850i. If your car is automatic and it's on this list, the service in this guide applies to it. Tap your series to expand it. Match the kit to your exact transmission once you've confirmed coverage, since the kit contents differ by unit, and always verify against your VIN, because BMW switched transmission variants mid-year on a few models. Note too that the newest 8HP units may require OEM scan-tool routines for the fill, as covered above.

2 Series F22 / F23 / G42
Model Years Drive Engine
228i 2014 to 2016 RWD 2.0L N20 / N26
228i xDrive 2015 to 2016 AWD 2.0L N20 / N26
230i 2017 to 2026 RWD 2.0L B46 / B48
230i xDrive 2017 to 2026 AWD 2.0L B46 / B48
M235i 2014 to 2016 RWD 3.0L N55
M235i xDrive 2015 to 2016 AWD 3.0L N55
M240i 2017 to 2026 RWD 3.0L B58
M240i xDrive 2017 to 2026 AWD 3.0L B58
3 Series F30 / F31 / F34 GT / G20 / G21
Model Years Drive Engine
320i 2013 to 2018 RWD 2.0L N20
320i xDrive 2013 to 2018 AWD 2.0L N20
328i 2012 to 2015 RWD 2.0L N20 / N26
328i xDrive 2013 to 2016 AWD 2.0L N20 / N26 (sedan, wagon)
328d 2014 to 2018 RWD 2.0L N47 diesel
328d xDrive 2014 to 2018 AWD 2.0L N47 diesel (sedan, wagon)
328i GT xDrive 2014 to 2016 AWD 2.0L N20 / N26
330i 2017 to 2024 RWD 2.0L B46
330i xDrive 2017 to 2024 AWD 2.0L B46 (sedan, wagon)
330i GT xDrive 2017 to 2019 AWD 2.0L B46
335i 2012 to 2015 RWD 3.0L N55
335i xDrive 2013 to 2015 AWD 3.0L N55
335i GT xDrive 2014 to 2016 AWD 3.0L N55
340i 2016 to 2018 RWD 3.0L B58
340i xDrive 2016 to 2018 AWD 3.0L B58
340i GT xDrive 2017 to 2019 AWD 3.0L B58
M340i 2020 RWD 3.0L B58 (to 8/2020)
M340i xDrive 2020 AWD 3.0L B58 (to 8/2020)
4 Series F32 / F33 / F36 / G22 / G23 / G26
Model Years Drive Engine
428i 2014 to 2016 RWD 2.0L N20 / N26
428i xDrive 2014 to 2016 AWD 2.0L N20 / N26
428i Gran Coupe 2015 to 2016 RWD 2.0L N20 / N26
428i xDrive Gran Coupe 2015 to 2016 AWD 2.0L N20 / N26
430i 2017 to 2024 RWD 2.0L B46
430i xDrive 2017 to 2024 AWD 2.0L B46
430i Gran Coupe 2017 to 2024 RWD 2.0L B46
430i xDrive Gran Coupe 2017 to 2024 AWD 2.0L B46
435i 2014 to 2016 RWD 3.0L N55
435i xDrive 2014 to 2016 AWD 3.0L N55
435i Gran Coupe 2015 to 2016 RWD 3.0L N55
435i xDrive Gran Coupe 2015 to 2016 AWD 3.0L N55
440i 2017 to 2020 RWD 3.0L B58
440i xDrive 2017 to 2020 AWD 3.0L B58
440i Gran Coupe 2017 to 2020 RWD 3.0L B58
440i xDrive Gran Coupe 2017 to 2020 AWD 3.0L B58
5 Series F10 / F11 / G30 / G31
Model Years Drive Engine
528i 2011 to 2016 RWD 3.0L N52 (2011), 2.0L N20 (2012 to 2016)
528i xDrive 2012 to 2016 AWD 2.0L N20
530i 2017 to 2023 RWD 2.0L B46
530i xDrive 2017 to 2023 AWD 2.0L B46
535i 2011 to 2016 RWD 3.0L N55
535i xDrive 2011 to 2016 AWD 3.0L N55
535d 2014 to 2016 RWD 3.0L N57 diesel
535d xDrive 2014 to 2016 AWD 3.0L N57 diesel
540i 2017 to 2020 RWD 3.0L B58
540i xDrive 2017 to 2023 AWD 3.0L B58 (MHEV 2021 to 2023)
540d xDrive 2018 AWD 3.0L B57 diesel
550i 2011 to 2016 RWD 4.4L V8 N63
550i xDrive 2011 to 2016 AWD 4.4L V8 N63
M550i xDrive 2018 to 2023 AWD 4.4L V8 N63
5 Series GT F07 Gran Turismo
Model Years Drive Engine
535i GT 2010 to 2017 RWD 3.0L N55
535i GT xDrive 2011 to 2017 AWD 3.0L N55
550i GT 2010 to 2015 RWD 4.4L V8 N63
550i GT xDrive 2010 to 2017 AWD 4.4L V8 N63
6 Series F12 / F13 / F06 / G32 GT
Model Years Drive Engine
640i 2012 to 2018 RWD 3.0L N55 (coupe, convertible)
640i xDrive 2014 to 2018 AWD 3.0L N55 (coupe, convertible)
640i Gran Coupe 2013 to 2019 RWD 3.0L N55
640i xDrive Gran Coupe 2014 to 2019 AWD 3.0L N55
640i xDrive Gran Turismo 2018 to 2019 AWD 3.0L B58
650i 2012 to 2018 RWD 4.4L V8 N63 (coupe, convertible)
650i xDrive 2012 to 2018 AWD 4.4L V8 N63 (coupe, convertible)
650i Gran Coupe 2013 to 2019 RWD 4.4L V8 N63
650i xDrive Gran Coupe 2013 to 2019 AWD 4.4L V8 N63
7 Series F01 / F02 / G11 / G12
Model Years Drive Engine
740i 2013 to 2022 RWD 3.0L N55 (2013 to 2015), B58 (2016 to 2022)
740i xDrive 2017 to 2022 AWD 3.0L B58
740Li 2013 to 2015 RWD 3.0L N55
740Li xDrive 2013 to 2015 AWD 3.0L N55
740Ld xDrive 2015 AWD 3.0L N57 diesel
750i 2011 to 2019 RWD 4.4L V8 N63; ActiveHybrid 2011 to 2012
750i xDrive 2013 to 2022 AWD 4.4L V8 N63
750Li 2011 to 2015 RWD 4.4L V8 N63; ActiveHybrid 2011 to 2012
750Li xDrive 2013 to 2015 AWD 4.4L V8 N63
8 Series G14 / G15 / G16
Model Years Drive Engine
840i 2020 to 2026 RWD 3.0L B58 (coupe, convertible)
840i xDrive 2020 to 2026 AWD 3.0L B58 (coupe, convertible)
840i Gran Coupe 2020 to 2026 RWD 3.0L B58
840i xDrive Gran Coupe 2020 to 2026 AWD 3.0L B58
M850i xDrive 2019 to 2026 AWD 4.4L V8 N63 (coupe, convertible)
M850i xDrive Gran Coupe 2020 to 2026 AWD 4.4L V8 N63
Z4 E89 / G29
Model Years Drive Engine
Z4 sDrive28i 2012 to 2016 RWD 2.0L N20
Z4 sDrive30i 2019 to 2026 RWD 2.0L B46
Z4 M40i / sDrive M40i 2020 to 2026 RWD 3.0L B58
X1 E84
Model Years Drive Engine
X1 sDrive28i 2013 to 2015 RWD 2.0L N20
X1 xDrive28i 2012 to 2015 AWD 2.0L N20
X3 F25 / G01
Model Years Drive Engine
X3 sDrive28i 2015 to 2017 RWD 2.0L N20
X3 xDrive28i 2011 to 2017 AWD 3.0L N52 (2011 to 2012), 2.0L N20 (2013 to 2017)
X3 xDrive28d 2015 to 2017 AWD 2.0L N47 diesel
X3 xDrive35i 2011 to 2017 AWD 3.0L N55
X3 sDrive30i 2019 to 2024 RWD 2.0L B46
X3 xDrive30i 2018 to 2024 AWD 2.0L B46
X3 M40i 2018 to 2021 AWD 3.0L B58
X4 F26 / G02
Model Years Drive Engine
X4 xDrive28i 2015 to 2018 AWD 2.0L N20
X4 xDrive35i 2015 to 2016 AWD 3.0L N55
X4 M40i 2016 to 2021 AWD 3.0L N55 (2016 to 2018), B58 (2019 to 2021)
X4 xDrive30i 2019 to 2025 AWD 2.0L B46
X5 E70 / F15 / G05
Model Years Drive Engine
X5 sDrive35i 2014 to 2018 RWD 3.0L N55
X5 xDrive35i 2011 to 2018 AWD 3.0L N55
X5 xDrive35d 2014 to 2018 AWD 3.0L N57 diesel
X5 xDrive40i 2019 to 2020 AWD 3.0L B58 (to 8/2020)
X5 sDrive40i 2020 RWD 3.0L B58 (to 8/2020)
X5 xDrive50i 2011 to 2020 AWD 4.4L V8 N63
X5 M50i 2020 to 2023 AWD 4.4L V8 N63
X6 E71 / F16 / G06
Model Years Drive Engine
X6 sDrive35i 2015 to 2019 RWD 3.0L N55
X6 xDrive35i 2011 to 2019 AWD 3.0L N55
X6 xDrive50i 2008 to 2019 AWD 4.4L V8 N63
X6 xDrive40i 2020 to 2023 AWD 3.0L B58 (not S1CEA)
X6 M50i 2020 to 2023 AWD 4.4L V8 N63
X7 G07
Model Years Drive Engine
X7 xDrive40i 2019 to 2022 AWD 3.0L B58 (not S1CEA)
X7 xDrive50i 2019 to 2020 AWD 4.4L V8 N63
X7 M50i 2020 to 2022 AWD 4.4L V8 N63

(to 8/2020) covers production up to August 2020 only. (not S1CEA) means it does not fit cars optioned with the S1CEA Energy Recovery System. This guide covers BMW gas, diesel, and listed hybrid applications; confirm fitment and the exact kit by VIN before ordering.

Get the right kit, not just any fluid

The 8HP only does its job with ZF LifeguardFluid 8 and the correct application-specific kit: the right pan, the right filter, and the right quantity for your exact transmission. Matching the kit to your car is half the battle, and it's where most people go wrong.

Shop ZF 8HP service kits

ZF LifeguardFluid 8 · application-matched kits · the right parts for your build

A note on this guide: the procedure above is a plain-English overview adapted from ZF Aftermarket's published 8HP service information, written for general education. It is not a substitute for the official ZF and OEM procedures, which include exact step sequences, waiting times, and application-specific data for your transmission. A few hard rules from ZF: don't start the engine or tow the vehicle with no fluid in the transmission, use only clean lint-free cloths, and set the level exactly to spec. Transmission fluid runs hot, so wear eye protection and gloves, support the vehicle properly, and dispose of used fluid responsibly. Always confirm specifications against current ZF documentation for your exact unit.

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YOU UNDERSTAND AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY AND OBLIGATION TO DETERMINE WHETHER YOUR PURCHASE, INSTALLATION OR USE OF ANY PRODUCT OR SERVICE OFFERED OR SOLD ON THE SITE COMPLIES WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, ALL U.S. FEDERAL, STATE, AND LOCAL LAWS AS WELL AS THE LAWS OF ANY FOREIGN JURISDICTION(S) THAT MAY APPLY TO YOU. THE COMPANY SHALL NOT BE LIABLE FOR, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST, ANY AND ALL CLAIMS, LOSSES OR LIABILITIES WHATSOEVER ARISING OUT OF OR RELATED TO: (a) YOUR PURCHASE, INSTALLATION, OR USE OF ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY; (b) YOUR MISUSE OF ANY PRODUCT OR SERVICE PURCHASED FROM THE COMPANY; OR (c) YOUR FAILURE TO COMPLY WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, FEDERAL AND STATE EMISSIONS AND SAFETY REGULATIONS, TRAFFIC LAWS, AND LOCAL NOISE ORDINANCES, IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY. 7. Acknowledgment of Emissions Restrictions. YOU UNDERSTAND AND ACKNOWLEDGE THAT CERTAIN PRODUCTS AVAILABLE FOR PURCHASE AT THE SITE ARE INTENDED FOR OFF-ROAD OR TRACK/COMPETITION USE ONLY AND ARE NOT INTENDED FOR PUBLIC STREET OR HIGHWAY USE IN ANY JURISDICTION WHERE APPLICABLE LAW RESTRICTS OR PROHIBITS SUCH USE. WE HAVE DONE OUR BEST TO IDENTIFY SUCH PRODUCTS CLEARLY ON THE SITE. HOWEVER, IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR PURCHASE, INSTALLATION, OR USE OF ANY PRODUCT OR SERVICE OFFERED OR SOLD ON OUR SITE COMPLIES WITH ALL APPLICABLE LAWS. THE COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CLAIM (EXPRESS OR IMPLIED) TO YOU OR ANY OTHER PARTY REGARDING THE EMISSIONS COMPLIANCE OR EMISSIONS PERFORMANCE OF, OR THE LEGALITY FOR PUBLIC STREET OR HIGHWAY USE OF, THE PRODUCTS AND SERVICES PROVIDED BY THE COMPANY. FOR MORE INFORMATION REGARDING PRODUCT EMISSIONS COMPLIANCE, CONSULT WITH THE PRODUCT'S MANUFACTURER. 8. Vehicle Warranties. In no event will the Company be liable or responsible to you for any loss of coverage under, denial of coverage under, or alteration or change to the terms of, any manufacturer's or aftermarket warranty covering your vehicle that results from (directly or indirectly) the installation or use of any product or service purchased from the Company. For more information about warranty coverage and after-market parts, please refer to the Frequently Asked Questions section of the Site at FAQs. 9. Customer Responsibility, Research, and Proper Use. YOU ARE SOLELY RESPONSIBLE FOR RESEARCHING, UNDERSTANDING, AND DETERMINING THE SUITABILITY OF ANY PRODUCT OR SERVICE OFFERED BY THE COMPANY BEFORE PLACING AN ORDER. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PRODUCT OR SERVICE IS APPROPRIATE FOR YOUR VEHICLE, YOUR SKILL LEVEL, YOUR INTENDED USE, OR YOUR JURISDICTION. The Company will not be liable or responsible to you for any damage, loss, expense, downtime, diminution in value, or other harm arising out of, or in connection with: (a) your failure to research, read, or understand product descriptions, service descriptions, instructions, technical documentation, manufacturer guidance, installation procedures, or these Terms prior to purchase; (b) your improper, incorrect, incomplete, or unqualified installation, removal, handling, transportation, storage, or use of any product or service; (c) any modification, flash, reflash, calibration change, repair, or other work performed on your vehicle or any vehicle component before, during, or after the Company's involvement, whether by you or by a third party; (d) your selection of an installer, tuner, dyno operator, or other third party; or (e) any pre-existing condition, fault, defect, prior damage, or prior modification of your vehicle or any component delivered to or worked on by the Company, whether or not such condition was known or disclosed at the time of service. You acknowledge that performance, tuning, and ECU-related products and services involve inherent technical risk, including the risk of component failure, loss of vehicle drivability, and total component loss, and you accept that risk as a condition of purchase. 10. DME / ECU Unlock Services. THE FOLLOWING TERMS APPLY TO ANY DME UNLOCK, ECU UNLOCK, BENCH UNLOCK, OR SIMILAR SERVICE OFFERED BY THE COMPANY (COLLECTIVELY, "UNLOCK SERVICES"). BY PURCHASING AN UNLOCK SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS BELOW. (a) Scope of the Unlock. An Unlock Service unlocks the bootloader of the DME (Digital Motor Electronics) or ECU so that the unit can be flash-tuned by you or a third party using compatible tuning software. THE UNLOCK SERVICE DOES NOT MODIFY, OVERWRITE, ALTER, OR OTHERWISE CHANGE THE CALIBRATION, MAPS, PARAMETERS, OPERATING SOFTWARE, OR VEHICLE-SPECIFIC DATA STORED ON THE DME. THE UNLOCK SERVICE IS A SOFTWARE PERMISSION CHANGE ONLY. (b) Pre-Existing Condition of the DME. The Company performs Unlock Services on the DME in the condition received. The Company does not, and cannot, audit, validate, or repair the existing software, calibration, or hardware integrity of a DME prior to performing an Unlock Service. If a DME has been previously flashed, partially flashed, interrupted during a flash, corrupted, modified, tampered with, water-damaged, electrically damaged, or otherwise compromised before being sent to the Company, the Unlock Service may still complete successfully on the bootloader while the underlying calibration or operating files remain corrupted or non-functional. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDITION OR FUNCTIONALITY OF A DME THAT WAS ALREADY DAMAGED, FLASHED, BRICKED, OR CORRUPTED BEFORE THE UNLOCK SERVICE WAS PERFORMED. We have the right to refuse service to any DME that has obvious signs of being modified or compromised. (c) Removal, Shipping, and Reinstallation. You are solely responsible for safely removing the DME from your vehicle, packaging it, shipping it, receiving it back, and properly reinstalling it. The Company is not responsible for damage caused by improper removal, shipping damage, mis-seated or swapped connectors, bent or broken pins, electrostatic discharge, water or contamination exposure, or any other handling-related issue occurring outside the Company's physical possession of the unit. (d) Required Use of Compatible Tuning Software. An unlocked DME still requires properly licensed, vehicle-appropriate tuning software (such as bootmod3, MHD, or other compatible platforms) to flash a tune. The Company does not provide such licenses as part of the Unlock Service unless explicitly stated in writing on the order. You are responsible for selecting, purchasing, and correctly using the appropriate tuning software, and for verifying compatibility with your specific vehicle and DME hardware/software version. (e) No Guarantee of Vehicle Operation Post-Service. While the Company performs Unlock Services using industry-standard tooling and processes, the Company does not guarantee that your vehicle will operate without fault, warning lights, limp mode, or diagnostic trouble codes following reinstallation, particularly where pre-existing conditions, third-party modifications, sensor failures, wiring issues, or installation errors are present. (f) Sole Remedy for Unlock Services. Notwithstanding any other provision of these Terms, your sole and exclusive remedy for any claim arising out of or relating to an Unlock Service shall be, at the Company's sole election: (i) a refund of the amount paid for the Unlock Service; or (ii) a re-attempt of the Unlock Service on the same unit. THE COMPANY SHALL NOT BE LIABLE FOR THE COST OF DME REPLACEMENT, DEALER DIAGNOSTIC FEES, TOWING, RENTAL VEHICLES, LOSS OF USE, LOST WAGES, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. (g) Acknowledgment of Risk. UNLOCK SERVICES INVOLVE INHERENT TECHNICAL RISK. BY PURCHASING AN UNLOCK SERVICE, YOU REPRESENT THAT YOU HAVE INDEPENDENTLY RESEARCHED THE PROCEDURE, UNDERSTAND ITS PURPOSE AND LIMITATIONS, AND ACCEPT FULL RESPONSIBILITY FOR THE OUTCOME ON YOUR VEHICLE. (h) Age and Authority to Purchase. Unlock Services and other tuning-related services are offered only to purchasers who are at least eighteen (18) years of age and who are the legal owner of the vehicle (or an authorized agent of the owner). By purchasing an Unlock Service, you represent and warrant that you meet these requirements. The Company reserves the right to cancel any order found to be in violation of this provision and to refund the amounts paid, less any costs already incurred. 11. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to the location you identified in your order at the Site. 12. Limitation of Liability. (a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. (c) The limitations of liability set forth in this Section 12 shall (i) only apply to the extent permitted by law, and (ii) not apply to any liability resulting from our gross negligence or willful misconduct. 13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage. 14. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey. 15. Dispute Resolution and Binding Arbitration. YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. 16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. 18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you. 19. Notices. (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. (b) To Us. To give us notice under these Terms, you must contact us by either (i) using the "Contact Us" form provided at the Site, or (ii) contacting us by email at info@kiesmotorsports.com. We may update the method for notices to us by posting a notice on the Site. Notices provided by electronic transmission will be effective one business day after they are sent. 20. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 21. Entire Agreement. These Terms, together with any order confirmation or invoice we issue to you, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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TERMS (REQUIRED)

OFF-ROAD USE POLICY & EMISSIONS COMPLIANCE NOTICE

California Proposition 65 Warning:

This product can expose you to chemicals such as lead and lead compounds, which are known to the State of California to cause cancer or birth defects or other reproductive harm. For more information, visit www.P65Warnings.ca.gov.

For a complete list of chemicals known to cause harm, visit https://www.p65warnings.ca.gov/chemicals.

EPA / CARB Compliance & Legal Use:

Under the federal Clean Air Act (42 U.S.C. §7522(a)(3)), it is illegal to manufacture, sell, install, or use any part that defeats or alters a motor vehicle’s emission control system for use on public roads. Unless a product has received an Executive Order (EO) from the California Air Resources Board (CARB), it is not legal for use or installation on any pollution-controlled vehicle driven on public highways.

  • Civil penalties up to $4,819 per violation per vehicle
  • Possible criminal penalties under the Clean Air Act
  • Revocation of registration or smog certification by DMV or local authorities

State & Local Regulations:

Some states have CARB-equivalent or independent emissions laws. Customers are responsible for verifying local regulations before purchasing or installing emissions-related products.

Intended Use & Customer Certification:

All performance, racing, or competition parts sold by this company are intended solely for off-road, closed-course, or competition use on vehicles that are never registered or used on public highways.

Company Policy Statement

Kies Motorsports, LLC sells and markets these products for lawful use only. We do not condone or authorize the use of emission-control defeat devices or any modification that violates the Clean Air Act or state regulations.

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