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Acknowledge a problem? There is no problem. Modifying a car produces risks. Maybe there is a gray area if you're supposed to be running map 5 and the JB3 malfunctions and runs map 10, but that's hard to prove and so many variables can come into play. It's hard to pin responsiblity to someone other than yourself. I don't see a lot of people saying JB3, Procede, or other tunes are just flat malfunctioning. It's usually some special case with a lot of other variables. This is when I feel responsibility is ultimately on you.
It's not Shiv's, Mikes, or anyone's responsibility other than your own. You don't go BMW or Dinan, your warranty is in question and you'll be on your own.
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