Very interesting Carl, although the wording doesn't say as much I think it is still referring to factory fit equipment. However, with the wording as it is, having an aftermarket HID kit fitted will be an easy argument to win. FTW!
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But they'll still look sh*te! 
Fitted in a reflector headlight maybe, but fitted in a vehicle equipped with projector lamps and correctly aligned I would defy anyone to tell the difference.
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