DIESEL & PERFORMANCE TUNING BRISBANE PTY LTD

WORKSHOP TERMS & CONDITIONS

1. Purpose of these Terms and Conditions

These Terms and Conditions are for the purchase of parts by a Customer or provision of services by the Company, and are designed to be read simultaneously to a purchase of a part or provision of services from the Company.

2. Definitions

Company means Diesel or Performance Tuning Brisbane Pty Ltd ABN 15 543 456 869, located at 3/10 Lear Jet Drive, Caboolture, 4510, in the state of Queensland.

Customer means the customer who is listed on the Invoice, or their representative, agents, servants, or employees.

Invoice means the invoice in in which these Terms and Conditions are attached to.

Vehicle mans the motor Vehicle owned or held in beneficiary by the customer.

Performance Tuning means the process of alteration of Vehicle performance which deviates from that of its original intended capability by the manufacturer.

3. Offer to Repair

The Company hereby offers to provide its services to the Customer in by way of repair works, programming or tuning of the Vehicle.

4. Purpose of these Terms and Conditions

These Terms and Conditions are for the purchase of parts by a Customer or provision of services by the Company, and are designed to be read simultaneously to a purchase of a part or provision of services from the Company.

5. Definitions

Company means Diesel or Performance Tuning Brisbane Pty Ltd ABN 15 543 456 869, located at 2&3/10 Lear Jet Drive, Caboolture, 4510, in the state of Queensland.

Customer means the customer who is listed on the Invoice, or their representative, agents, servants, or employees.

Invoice means the invoice in in which these Terms and Conditions are attached to.

Vehicle mans the motor Vehicle owned or held in beneficiary by the customer.

Performance Tuning means the process of alteration of Vehicle performance which deviates from that of its original intended capability by the manufacturer.

6. Offer to Repair

The Company hereby offers to provide its services to the Customer in by way of repair works, programming or tuning of the Vehicle.

7. Payment

a) The Customer must pay the price noted on the Invoice to the Company on completion of the repair works, tuning or programming quoted by or invoiced by the Company, or if a Credit Account is held with a Company, then in accordance with the terms of their Credit Account.

b) Interest may be charged on late payments at the rate of 7% per annum, calculated monthly until full payment is made by the Customer. The Customer may also be liable for any legal and collection costs incurred by the Company on an indemnity basis.

c) All representations made in the invoice are made on the basis that errors are excepted.

8. GST

a) The parties acknowledge that all prices are exclusive of GST (unless stated otherwise).

9. Delivery

a) The Customer is liable for all transport chargers and/or insurance of purchased goods unless the Company agrees otherwise in writing. If such charges are paid by the Company, those charges are not refundable if included in the purchase price in the event the goods are later returned.

b) If the Company accepts liability for transport changes and/or transport insurance, the customer shall indemnify the Company from all loss which occurs to the goods during transport and/or delivery including all consequential loss.

10. Retention of Title

a) Title to and in all parts and software fitted and/or installed to the Vehicle shall not pass to the Customer, but shall remain with the Company until such time as full payment is made by the Customer for the repair, tuning or programming of the Vehicle and all other amounts owing to the Company by the Customer have been paid in full ,whether such amounts are payable under this or any other contract or agreement between the Company and the Customer.

b) Until title to such parts and/or software passes to the customer, the Customer acknowledges that and agrees to hold and parts and/or software installed to the Vehicle by the Company as bailee.

11. Non-exclusion of statutory warranties

a) The Company/s services, which include only repair and service work come with guarantees which cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund of a major failure and compensation for other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

12. Warranty

a) Warranty Notice – Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Remanufactured parts may also be used to the or replace the goods for the same type, rather than being repaired, and remanufactured parts may be used to repair the goods. A remanufactured part fulfils a function which is at least equivalent compared to the original part.

b) Under Australian Consumer Law, the Company provides motor Vehicle mechanical repairs that are required to meet specific consumer guarantees, ensuring that services are delivered with due care and skill, and that any parts used are of acceptable quality. These guarantees apply automatically and cannot be waived or limited by any warranty provided by the Company.

c) Due Care and Skill: Repairs must be performed with the level of care and skill that is expected of a competent repairer in the industry.

d) Acceptable Quality of Parts: Any parts used in the repair must be of acceptable quality, meaning they are safe, durable, free from defects, and suitable for their intended purpose.

e) Fit for Purpose: The repair must result in the Vehicle being fit for the purpose it was intended for, as specified by the consumer.

f) Reasonable Timeframe: Repairs should be completed within a reasonable time, considering the nature of the service, subject to availability and any prior agreements.

g) Availability of Spare Parts: Spare parts necessary for the repair are reasonably available for a reasonable period after the Vehicle was supplied.

h) If a mechanical repair fails to meet these guarantees, consumers are entitled to a remedy. The type of remedy depends on the severity of the issue:

i) Minor Problem: The business must fix the problem within a reasonable time.

j) Major Problem: The consumer can choose to cancel the contract and seek a refund, or keep the contract and get compensation for the difference in value.

13. Disclaimer

a) The Customer acknowledges, having full understanding as to the potential risk to the Vehicle, that all performance tuning of the Vehicle beyond manufactures specifications is exempt from workshop non-exclusion statutory warranty, as outlined in section 8a.

b) The Customer also acknowledges that any representations made whether orally or in writing by the Company in relation to goods, services or otherwise, are general in natured, and is intended as a guide to the Customer.

c) The Customer acknowledges that it is not relying upon any representation made whether in writing or verbally by the Company as to the suitability of the goods for the purpose intended, and the Customer acknowledges that it is responsible for the undertaking of its own due diligence with respect to the goods and the respective fitness for purpose. Consequences of Default

d) Where credit has been extended by the Company, if the Customer does not pay for the parts or services on the due date then the Company is hereby irrevocably authorised by the Customer to enter the premises in which the Vehicle or parts are stored and take possession of any parts without liability of the tort of trespass, negligence or payment of any compensation to the Customer whatsoever.

e) The Company may recover as a debt all monies due and payable under these Terms and Conditions after it becomes due and payable, together with any interest payable and the expenses of the Company incurred in recovering those amounts, including but not limited to the costs assessed on an indemnity basis, commission charges and disbursements charged by any mercantile agent or solicitor engaged for the purpose of the collection or recovery of moneys due and payable to the Company.

g) Names, descriptions, symbols, and numbers being quoted or appearing on invoices are used for internal reference purposes of the Company only, and it is not implied that the parts supplied are the actual manufacturer’s whose part numbers may be quoted.

h) These Terms and Conditions are governed by the law in force in Queensland. These parties submit to the jurisdiction of the courts of Queensland.

i) If any part of these terms and conditions is for any reason unenforceable, that part must be read down the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

j) The legal doctrine that a construction is less favourable to the person putting forward this instrument should be accepted against it shall not apply to this Agreement.

k) The customer agrees as an essential term of this agreement to act in good faith and honestly and in furtherance of the commercial efficacy intended by these Terms and Conditions.

Storage Costs

a) If for any reason not caused by the Company, the Vehicle or part supplied to the Customer is not collected from the Company’s premises within 7 days’ notice given by the Company, the Company may charge and the Customer must pay a daily storage fee of $100 excluding GST per day for a Vehicle, and $10 excluding GST per day for a part.

b) If the Vehicle or part is not collected within 28 days of notice, the Company may sell the Vehicle or part to recover the costs for that purpose, the Customer appoints the Company as its attorney.

Right to Refuse Service

a) The Company endeavours to provide services for a broad range of vehicles across multiple makes and models; however, it reserves the right to refuse service on any Vehicle at its sole and absolute discretion. Acceptance of a Vehicle for repair, tuning, programming, or any other service is conditional upon workshop capacity, resource availability, technical feasibility, Vehicle condition, and compliance with applicable safety and regulatory standards.

b) Without limitation, the Company may refuse service where it reasonably determines that:

c) The Vehicle is more than ten (10) years old from the current year, unless the Company has explicitly agreed to undertake work on such a vehicle;

d) The Company lacks the appropriate tools, diagnostic equipment, or qualified personnel for a particular make, model, or system configuration;

e) Necessary parts, software, or technical data are unavailable, obsolete, or impractical to source within a reasonable timeframe;

f) The condition of the Vehicle renders it unsafe, unfit for service, or likely to result in unacceptable risk to persons, property, or the integrity of the vehicle;

g) Proceeding with the work would likely lead to a breach of applicable legal obligations, manufacturer requirements, or regulatory guidelines;

h) The nature of the work requested conflicts with Company policy, technical expertise, or operational limitations.

i) This right will not be exercised in a manner that breaches any applicable anti-discrimination, consumer protection, or other statutory obligations. In the event of a refusal, the Company will provide a clear explanation to the Customer where reasonably practical.

j) The Customer acknowledges that any statements made by the Company in advertising or on its website, including references such as “we work on all makes and models,” are general in nature, promotional only, and do not constitute a binding undertaking. These Terms and Conditions shall prevail over any generalised marketing or verbal representations.

Privacy Statement

a) The Company will only use and disclose your personal information in accordance with the Australian Privacy Principles and any acceptable privacy laws. The Company will use the personal information you provide to the Company for the purposes of (1) completing the repairs on the Vehicle (2) complying with any legislation to regulatory requirement to facilitate the repair of the Vehicle (3) for the provision of any related services you acquire from (or through) the Company. The Company may disclose your personal information to its related entities and or necessary third parties for these purposes, who may be overseas. The Company may also provide your information to the Queensland Department of Transport and Main Roads or Maritime Service, or any other necessary regulatory or government agency that requires the information. If you do not provide the Company with your personal information, it may not be able to provide you with some or all of its services, including the repair, tuning, or programming of software to the vehicle. If you wish to access or correct the information the Company holds about you, or wish to make a privacy related complaint, please contact the Company (details set out above). By signing this Agreement, you consent to the use and disclosure of your personal information in the manner set out by this Privacy Agreement. By submitting an enquiry by phone, email, sms, website, social media channels, accepting the Company’s Estimate, Quotation, Job Card, making a booking or paying a Tax Invoice, you are deemed to have accepted this Agreement, you consent to the use and disclosure of your personal information in the manner set out by this Privacy Agreement.

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GENERAL TERMS, CONDITIONS & RELEASE OF LIABILITY FOR ECU, TCU REMAP AND DYNO TUNING

1. Definitions

a) Definitions of terms shall remain as outlined in DIESEL & PERFORMANCE TUNING BRISBANE PTY LTD (ABN 15 543 456 869) WORKSHOP TERMS & CONDITIONS and/or DIESEL & PERFORMANCE TUNING BRISBANE EXTENDED WARRANTY ASSURANCE PLAN.

2. Ownership of Goods and Payments

a) All goods, services, software, tuning files, and components supplied or fitted by Diesel & Performance Tuning Brisbane remain the property of the Company until paid for in full.

b) Some bookings may require a non-refundable payment or partial payment to secure an appointment. Any refunds are subject to applicable Australian Consumer Law and ACCC guidance on refunds for goods and services.

3. Right to Withhold Vehicle

a) Diesel & Performance Tuning Brisbane expressly reserves the right to retain possession of any Vehicle as work in progress until all Tax Invoices are paid in full.

4. Surcharges and Fees

a) Surcharges may apply to Visa, Mastercard, and AMEX transactions. Rates are subject to change without notice.

b) Fees may apply for cleaning and/or rectification of workshop facilities where Vehicles are delivered in an excessively soiled condition or where severe mechanical failure has occurred prior to work commencing. The determination of excessive soiling is at the sole discretion of the Company.

5. Confidentiality

a) The existence, contents, and substance of this document are commercially sensitive and confidential. Except where required by law, no party may disclose any information contained in this document or make any statement that may reasonably damage the Company or its directors, other than for the purpose of enforcing this agreement.

6. ECU Unlocks and Exchange Control Units

a) Certain Vehicles manufactured after June 2020 may require an ECU unlock service or exchange control unit to enable tuning. You acknowledge and agree that a fit-for-purpose exchange control unit may be utilised without further notice where required.

7. Performance Work and Risk Acknowledgement

a) All tuning, calibration, dyno testing, and performance modifications constitute performance-enhancing work. Such work may affect manufacturer warranties, driveline longevity, and component wear.

b) Upon acceptance of an Estimate or Quotation, or the making of a booking, work is deemed to have commenced, and you acknowledge acceptance of these terms.

c) Whilst all due care is taken, to the maximum extent permitted by law, Diesel & Performance Tuning Brisbane accepts no liability for accelerated wear, mechanical damage, and/or or failure of powertrain, driveline, or associated components, except where expressly covered under the Diesel & Performance Tuning Brisbane Extended Warranty Assurance Plan.

8. Emissions and Regulatory Compliance

a) Unless explicitly stated in writing, aftermarket components, tuning, and performance modifications are not represented as ADR, CARB, EPA, or equivalent emissions compliant. The Company accepts no liability for the installation or use of non-compliant components at a Customer’s request.

9. Motorsport and Off-Road Use

a) The Company accepts no liability for the installation of performance applications or components intended for closed-circuit competition, off-road, or non-highway use. The Customer is solely responsible for ensuring lawful use of the Vehicle on public roads.

10. Insurance Acknowledgement

a) Customers are strongly encouraged to review the Product Disclosure Statement issued by their insurer. Some insurance policies may be voided where performance modifications are carried out or where a Vehicle is deemed non-compliant due to altered calibrations or performance-enhancing components.

11. Electronic Acceptance

a) You acknowledge that acceptance of these terms may occur by digital signature or electronic acceptance.

b) Where a physical signature is not obtained, the Vehicle is deemed to be a work in progress and these terms remain binding.

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