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DIESEL & PERFORMANCE TUNING BRISBANE PTY LTD (ABN 15 543 456 869)
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 t he 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. Th ese 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 undertakin g 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 limit ed 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.
f)
g) General
h) 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.
i) These Terms and Conditions are governed by the law in force in
Queensland.  These parties submit to the jurisdiction of the courts of
Queensland.
j) 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.
k) 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.
l) 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.

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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, prog ramming, 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) completi ng 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 person al 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 necessar y 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.


-ENDS-

DIESEL & PERFORMANCE TUNING BRISBANE EXTENDED WARRANTY ASSURANCE PLAN
(ABN 15 543 456 869)
You may not be aware that upgrading your new Vehicle with aftermarket
components may void your Vehicle Manufacturer’s Warranty. This is
especially true with performance-based upgrades.
The Diesel & Performance Tuning Brisbane Extended Warranty Assurance
Plan provides additional warranty cover to your Vehicle Manufacturer’s
Warranty in the event your Vehicle suffers failure as a consequence of a
Diesel & Performance Tuning Brisbane fitted modification. The Diesel &
Performance Tuning Brisbane Extended Warranty Assurance Plan comes into
effect if a warranty claim is denied by your Vehicle manufacturer due to a
Diesel & Performance Tuning Brisbane upgrade or product issue.
To participate in Diesel & Performance Tuning Brisbane’s free of charge
warranty program (Diesel & Performance Tuning Brisbane Extended Warranty
Assurance Plan) you must operate, maintain and care for your Vehicle
properly, in accordance with the instructions in your vehicle’s Owner’s Manual
and Warranty and Service book. The best way to maintain your Vehicle is
through your authorised dealer service department by adhering to the Vehicle
severe service conditions, ensuring that your Vehicle is being serviced
adequately and will always be fitted with genuine parts for your Vehicle. Doing
so keeps your Vehicle in the very best condition. To make a claim under the
Diesel & Performance Tuning Brisbane Extended Warranty Assurance,
contact Diesel & Performance Tuning Brisbane.
You are required to sign a copy of the Customer Declaration to provide your
details and acknowledge that you fully understand the terms and conditions of
this Warranty. Please retain a copy of this Warranty for your records.
Expenses associated with claims under the Diesel & Performance Tuning
Brisbane Extended Warranty Assurance Plan.
In most cases, there will be no charge to you for expenses associated with
making a claim under the Diesel & Performance Tuning Brisbane Extended
Warranty Assurance Plan. If there are circumstances that mean you may
need to pay a charge, the charge will be discussed with you in advance.
1.DEFINITIONS
For the purposes of this Warranty the following words have the specific
meaning as set out below:

Consequential Loss means any consequential loss or damage that is not
directly related to the fitment or Failure of the Performance Package, including
but not limited to any loss of business opportunity, hire car or accommodation
costs, loss of production; or loss of revenue.

Covered Components means those Vehicle engine components listed in
clause 4 of this Warranty.

Customer Declaration means the Customer Declaration completed by you
which sets out the particular details of your Warranty.

Exclusions refers to parts or components of the Vehicle that are not covered
under the Warranty contract as set out in clause 5 of this Warranty. It also
refers to situations or circumstances which will not be covered by this
Warranty (also set out in Section 9 of this Warranty).

Failure means the sudden and unforeseen failure of any Covered Component
to perform the function for which it was designed but does not include:
a) *any failure which is caused as a direct result of either fitment or failure
of the Performance Package.
b) * any failure of the Covered Component due to Normal Wear and Tear,
normal deterioration, negligence; or
c) * any failure of Vehicle components/parts that have reached the end of
normal working life because of age or usage.
Manufacturer’s Warranty or Vehicle Manufacturer’s Warranty means any
new Vehicle warranty provided by the manufacturer of your Vehicle.
Normal Wear & Tear means, in the absolute discretion of Diesel &
Performance Tuning Brisbane, the gradual reduction in a component’s
operating performance or ability to perform the functions for which it was
designed, taking into account the Vehicle’s age and kilometres travelled.
Owner’s Manual and Warranty and Service book means the Vehicle
Manual and Warranty and Service book as provided by the Vehicle
Manufacturer.
Parties mean we, us, our and you or your.
Performance Package means the performance products fitted by Diesel &
Performance Tuning Brisbane.
Authorised dealer means a dealer listed as an authorised dealer on the
Vehicle manufacturer’s website.
Vehicle means the Vehicle described in the Customer Declaration.
Vehicle Manufacturer means a business engaged in the business of
manufacturing or assembling new motor vehicles, including, for example,
Toyota, Mercedes-Benz, Audi, Ford, Volkswagen.

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Warranty means this Diesel & Performance Tuning Brisbane Extended
Warranty Assurance Plan warranty document and the Customer Declaration.
Warranty Term means the period of time listed in the Customer Declaration
and beginning on the date the Warranty commences as shown on the
Customer Declaration.
Warranty Transfer form means a form provided by Diesel & Performance
Tuning Brisbane in accordance with clause 7 of this Warranty.
we, us, our means Diesel & Performance Tuning Brisbane.
you, your means the person named in the Customer Contract and
Declaration as the purchaser and owner of the vehicle.
2.TERMS AND CONDITIONS
a) This Warranty is provided to you by Diesel & Performance Tuning
Brisbane as part of the performance upgrade package. The Warranty is
not insurance nor is it a substitute for insurance and Diesel &
Performance Tuning Brisbane’s is not acting as an insurer.
b) The Warranty is also not associated with the manufacturer in any way
whatsoever, is not an extension of your Manufacturer’s Warranty and is
entirely separate to your Manufacturer’s Warranty.
c) The commencement date will be the date as shown on the Customer
Declaration.
d) The Warranty will be at an end on the expiry of the Warranty Term or
when the Vehicle has travelled 100,000 km, whichever occurs first.
e) We reserve the right to terminate or cancel the Warranty before the
expiration of the Warranty with immediate effect if you have breached
the terms of this Warranty.
f) We will consider you to have a valid claim under this Warranty provided
you comply with the terms and conditions set out in this Warranty
including, but not limited to, clause 3 ‘Service Requirements’. A valid
claim will only be accepted at our absolute discretion.
3.SERVICE REQUIREMENTS
a) From the commencement of the Warranty, you must comply with the
following conditions, any failure to do so will invalidate this Warranty.
b) To maintain your Warranty, you are required to service your Vehicle at
regular intervals and Vehicles must be serviced in accordance with the
Vehicle Manufacturer's directions and recommendations including the
severe service conditions. All services and maintenance must be
carried out by your OEM authorised dealer service department. The
cost of the service is your responsibility and not payable by this
Warranty.
c) Please keep a record of your Vehicle’s service history and ensure it
shows the date and odometer reading each time your Vehicle is
serviced. We require the Vehicle service invoice and history if you
claim under this Warranty.
d) You must maintain the roadworthiness of your Vehicle.
e) Coolants and lubricants must be checked and maintained regularly.
f) Tyre pressure must be adequately maintained at all times.
4. COVERED COMPONENTS
Engine Covered Components are expressly limited to the following:
a) engine block (if damaged by internal components),
b) balance shaft and balance shaft bearings,
c) camshafts and camshaft bearings,
d) internal bushes,
e) connecting rods,
f) big end bearings,
g) crankshaft and crankshaft main bearings,
h) oil pressure relief valve and oil pump,
i) cylinder wrist pins,
j) pistons and piston rings,
k) gudgeon pins,
l) crank thrust bearings,
m) cylinder head,
n) lash adjusters,
o) inlet valves,
p) exhaust valves,
q) pre-combustion chambers,
r) valve guides, valve seats, valve springs, valve collets, retainers,
s) hydraulic lifters, and
t) rocker shaft only.
For the avoidance of doubt the above list is an exhaustive list, if the
component is NOT listed above, it will not be covered by this Warranty.
5. EXCLUSIONS

5.1 EXCLUSION OF COVERAGE

We will not pay for repair or replacement or any contribution or claim by you in
any of the following circumstances:
a) Any components not listed in clause 4.
b) Accident- Damage attributed to an impact of any kind or road traffic
accident (on or off road).
c) Commercial use of a Vehicle - i.e. mining, uber or any use for
commercial activities whatsoever.
d) Consequential Loss – any consequential financial or non-financial
loss, damage or liability of any kind incurred because of the incident
giving rise to a Claim, except unavoidable mechanical damage caused
by the failure of a Covered Component. This includes any
Consequential Loss or damage that is not directly related to the fitment
or failure of the Performance Package. Claims relating to consequential
loss of any kind are excluded. This also includes loss or destruction of,
or damage to, any property whatsoever, and any loss or expense
resulting or arising therefrom.
e) Continued operation- Any damage or repairs required as a result of
continued operation of the Vehicle once a defect or fault has occurred
(including loss of lubricants and coolant).
f) Damage - caused by modifications carried out at a non-OEM repairer
(excluding Diesel & Performance Tuning Brisbane).
g) Failures - in non-genuine parts and accessories and damage or
failures caused by such failures (excluding any non-genuine parts and
accessories supplied and fitted by Diesel & Performance Tuning
Brisbane).
h) Fluids and lubricants - Any claim caused by the contamination of
and/or any failure to maintain proper levels of any fluids or lubricants;
and/or any failure caused by the incorrect grade.
i) Fuel - Any mechanical breakdown caused by detonation, and/ or failure
caused by poor quality fuel, or the incorrect grade of fuel. This includes
damage caused by lead replacement and/ or diesel engine low-sulphur
fuel and any non-proprietary bio fuels.
j) Off-road use where the Vehicle is not designed for that purpose.
k) Damage – Damage caused by improper adjustment, repair or
tampering by a non-OEM repairer (excluding Diesel & Performance
Tuning Brisbane).
l) Defect - Failure or defect arising in any OEM vehicle, Genuine Part or
Accessory caused by fitment of a non-OEM Genuine Part/ Accessory
or faulty workmanship by a non-authorised OEM service technician is
not covered by this warranty (excluding Diesel & Performance Tuning
Brisbane).
m) Failures – Failures that Diesel & Performance Tuning Brisbane
reasonably considers result from your failure to operate, maintain and
care for your vehicle properly, in accordance with the instructions in
your vehicle’s Owner’s Manuall and Warranty and service book
(including failure to complete applicable scheduled servicing and
maintenance).
n) Faults & Recalls – Failure caused by faulty design (common faults) or
any expense arising from, or due to, the recall of the Vehicle by the
Vehicle Manufacturer. Any Covered Components or parts subject to
recall by the Vehicle Manufacturer, component parts or design
elements which are found to have been an inherent design fault,
including parts subject to an Australian Competition and Consumer
Commission (ACCC) recall; a Vehicle Manufacturer recall; or any
notice of faults issued by the Vehicle Manufacturer.
o) Fire – Repair or replacement for damage caused by fire.
p) Failure to follow service servicing requirements as set out in clause 1.
q) Maintenance Failure – Failure to maintain Vehicle Manufacturer
recommended levels or use of incorrect types and grades of fuel, oil,
coolants or lubricants or use of any contaminated fuel, oil, coolants, or
lubricants. Misuse, neglect, abuse or inappropriate servicing or any
repairs required as a result of continued operation of the Motor Vehicle
once a defect or fault has occurred.
r) Misleading statements - Where claims, declarations or statements
made by you are false, inaccurate or misleading, the Warranty ceases
to have effect.
s) Misuse - Failure to follow or exceed the Vehicle Manufacturer’s
operating guidelines.
t) Noise - Noisy parts or components, in the absence of their mechanical
failure.
u) Oil usage - Any claim relating to excessive use and/or burning of oil
where no Mechanical Breakdown has occurred and/or incorrect engine
oil has been used. No oil consumption claims whatsoever.
v) Other incidents - Failure caused by collision or accidental damage,
fire, overheating, theft, misuse, neglect, abuse, negligence, personal
injury or property damage, rust, corrosion, contamination, flood,
submersion, water ingress.
w) Overloading - permissible loads are covered in the Vehicle Owner’s
Manual and are limited to 4.5 tonne GVM & 3.5 tonne towing capacity.
x) Pre-existing faults- Claims where the fault, recall and/or defect
causing the Mechanical Breakdown was evident prior to the expiry of
the Vehicle Manufacturer’s Warranty or prior to the purchase of the
Vehicle.
y) Racing - Formal or informal competitive events, such as racing.
z) Submersion – Vehicle that have been submerged in water.
aa) Theft – The Warranty does not cover against theft.
bb) Unauthorised Repairs - Any claims where you have not contact
Diesel & Performance Tuning Brisbane prior to the commencement of
repairs. Claims for repairs or work conducted without authorisation will
be automatically rejected.
cc) Vehicle Body damage - Scratches or surface rust caused by normal
wear and tear, including but not limited to stone or other chips in paint.
dd) Vehicle Maintenance - Any items that require replacement as part of
normal Vehicle maintenance. These include (but are not limited to)
spark plugs and leads, glow plugs, belts, timing belt, timing chain
maintenance, filters, hoses, brake and clutch linings, brake pads, disc
rotors and/or disc or drum machining, injectors, injector pumps,
clutches, exhausts, DPFs, seals and gaskets, batteries and globes.
ee) Water damage - water ingress from floods or deep-water fording.
ff) Manufacturer’s Warranty – any breach or non-compliance with the
terms and conditions under the Manufacturer’s Warranty.

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5.2 FURTHER EXCLUSIONS
Damage to the Covered Components because of:
a) Overheating or failure to properly maintain coolants and lubricants.
b)  Modifications to the Motor Vehicle outside of Diesel & Performance
Tuning Brisbane Package recommendations.
c) Non-manufacturer fitted parts, which have not been fitted to the
Australian Design Rules; Not being maintained in accordance with the
appropriate service requirements.
d) Misuse, neglect, abuse or inappropriate servicing or any repairs
required as a result of continued operation of the Motor Vehicle once a
defect or fault has occurred.
e) Failure to maintain recommended levels or use of incorrect types and
grades of fuel, oil, coolants or lubricants or use of any contaminated
fuel, oil, coolants, or lubricants.
f) Corrosion, rust, fire, illegal use (including damage as a result of the
theft of the Motor Vehicle), malicious damage, impact, accident,
earthquake, flood or other occurrences of nature, riot or civil
commotion, war, terrorism, invasion, strikes or resulting from nuclear
fission, fusion or radioactivity.
g) Deterioration due to Normal Wear and Tear or the gradual reduction in
operating performance of the Motor Vehicle or any Covered
Component;(refer to the definition of Normal Wear and Tear).
h) Any pre-existing or known Faults existing prior to the commencement
of cover, or which can be reasonably determined to have arisen or
occurred during the Manufacturer’s Warranty period for the Motor
Vehicle.
i) Any repairs or mechanical failures where we have not been provided
with a reasonable opportunity to assess the damage/fault for the
purpose of determining that the repair/replacement was required to
remedy a fault or reduce the likelihood of the mechanical failure.
j) Tyres or wheels (unless covered elsewhere in the Product), batteries,
mechanical adjustments, exhaust system components, replacement, or
other servicing (including items scheduled as routine servicing in
accordance with the manufacturer’s logbook recommendations for Your
selected Motor Vehicle) which in the judgement of the manufacturer are
made or should be made as part of appropriate servicing or
maintenance.
k) Any tapping’s, threads, fixings and/or fastening devices or repairs
because of these components not being fitted correctly or in
accordance with manufacturer’s logbook recommendations.
6.MAKING A CLAIM
a) Contact Diesel & Performance Tuning Brisbane as soon as you
discover a fault with your Vehicle. This applies even if your Vehicle is
still covered by a Manufacturer’s Warranty. Diesel & Performance
Tuning Brisbane will inspect your Vehicle and assess whether the fault
is covered by this Warranty or is in fact a fault covered by the
Manufacturer’s Warranty.
b) Diesel & Performance Tuning Brisbane will liaise with your Vehicle’s
Manufacturer for repairs (if required).
c)  If the fault is covered by this Warranty Diesel & Performance Tuning
Brisbane will use its best endeavours to undertake the repairs as soon
as possible. Diesel & Performance Tuning Brisbane will not however be
liable for any loss whatsoever arising out of the loss of use of your
Vehicle at any time (before, during or after repairs are being
undertaken) or while being transported to or from repairs. Diesel &
Performance Tuning Brisbane will not be liable for including, but not
limited to, any towing, car hire or other transportation or transportation
costs, loss of income, loss of use of your Vehicle, accommodation or
any other costs associated with a fault in your Vehicle.
d) For clarification purposes, if your Vehicle has broken down or becomes
unsafe to drive due to a failure that is covered by this Warranty during
the applicable Diesel & Performance Tuning Brisbane Extended
Warranty Assurance Plan warranty period, the towing of your Vehicle to
Diesel & Performance Tuning Brisbane and a loan car is not covered
by the Diesel & Performance Tuning Brisbane Extended Warranty.
e) We will not review any claims under this Warranty made outside of the
applicable Diesel & Performance Tuning Brisbane Extended Warranty,
warranty period.
f) You may be required to contribute to the cost of coolants, lubricants
and machining.
7. TRANSFER OF OWNERSHIP
7.1 If you sell the Vehicle, we may (in our absolute discretion) allow the
transfer of this Warranty to a new owner, provided the transfer occurs within 7
days of the date of sale or transfer of ownership of the Vehicle unless we
reasonably consider you have not complied with the terms of this Warranty.
7.2 It is important to follow these steps to successfully transfer the Warranty:
a) You may only transfer a valid Warranty.
b) Contact Diesel & Performance Tuning Brisbane and request a copy of
and complete the ‘Warranty Transfer form’.
c) Send the completed ‘Warranty Transfer form’ together with a transfer
fee of $220 to Diesel & Performance Tuning Brisbane within 7 days of
the date of sale or transfer of ownership. This Warranty is not
transferable to another Vehicle.
8. PHOTOS AND VIDEOS
You acknowledge and agree that Diesel & Performance Tuning Brisbane is
entitled to take photographic and video recordings of your Vehicle including
the works at various, and all stages and completed for marketing and training
purposes and for any other commercial reason that the records may be kept
as Diesel & Performance Tuning Brisbane records for future reference and
use.
9. PRIVACY & PERSONAL INFORMATION
a) We agree at all times to comply with the National Privacy Principles as
set out in the Privacy Act 1988 (Cth) (Privacy Act) and any other
applicable legislation or privacy guidelines.
b) Personal information that we collect about you is protected under the
Privacy Act and the Australian Privacy Principles. We collect
information about you to:
c) administer and manage the products or services we provide, including
responding to your queries and determining, assessing and verifying
any claims you may make;
d) provide you with information about other products or services that may
be of benefit to you (unless you tell us that you do not wish us to do
so); and facilitate our internal business operations, including updating
internal databases, conducting consumer satisfaction surveys, fulfilling
regulatory and legal requirements and system testing. If you do not
provide the information sought by us from time to time, it may affect our
ability to provide you with, and administer, our products or services. We
may disclose your information to our agents, consultants, auditors,
contractors, contracted staff or service providers that provide financial,
legal, administrative or other services. Personal information is not
usually disclosed outside Australia. Our privacy policy contains
information about how you can request access to any personal
information that we hold about you, and seek correction of any such
information. It also contains information about how you can complain
about our handling of your personal information, and our complaint
handling process. You can access a copy using the contact details at
the end of this policy, or at the website:
www.dieseltuningbrisbane.com.au
e) This clause will survive the termination, cancellation or expiry of the
Warranty.
10. CANCELLATION BY US
a) We may cancel your Warranty by giving you written notice if you have
breached any of the terms and conditions of this Warranty, have
breached any of the terms and conditions of the Manufacturer’s
Warranty, provided a false or misleading statement in relation to this
Warranty or the Vehicle, if the Vehicle’s odometer is defective or has
been tampered with, if the Vehicle has at any time been used for
rallying, racing, competitive driving or tested for such events, or for any
other reason available to us at law.
b) Vehicles over 20,000 km at the commencement of the Warranty period
or that reach 100,000 km will no longer be covered by the Warranty
and the Warranty will automatically be cancelled. Diesel & Performance
Tuning Brisbane do not need to notify you of the cancellation but any
claim under this Warranty will be rejected.
11. OTHER RIGHTS
This Warranty does not limit and may not necessarily exceed your rights
under the Australian Consumer Law.

12. ENTIRE AGREEMENT AND UNDERSTANDING
In respect of the subject matter of the Warranty:
a) the Warranty contains the entire understanding between the Parties;
b) all previous oral and written communications, representations,
warranties or commitments are superseded by the Warranty and do not
affect the interpretation or meaning of the Warranty; and
c) each of the Parties has relied entirely on its own enquiries before
entering into the Warranty.
13. GOVERNING LAW AND JURISDICTION
These Warranty terms are governed by the laws of the State of Queensland
and each party irrevocably and unconditionally submits to the non-exclusive
jurisdiction of the courts of the state of Queensland.
14. PERIOD OF COVER
This Warranty will commence as from the Commencement Date and will
expire on the expiry of any Manufacturer’s Warranty or the expiration of the
100,000 km, whichever comes first.

-ENDS-

5

DIESEL & PERFORMANCE TUNING BRISBANE PTY LTD (ABN 15 543 456 869)
PRIVACY POLICY

1. Purpose of this Privacy Policy
a) This Privacy Policy sets out how Diesel & Performance Tuning
Brisbane Pty Ltd collects, uses, stores and discloses personal
information in accordance with the Privacy Act 1988 (Cth) and the
Australian Privacy Principles.

b) This Privacy Policy is intended to be read in conjunction with our
Workshop Terms and Conditions, Extended Warranty Assurance
Plan, and General Release of Liability.

2. Definitions
a) Company means Diesel & Performance Tuning Brisbane Pty Ltd
ABN 15 543 456 869, located in Caboolture, Queensland.
b) Customer means any individual or entity who engages with the
Company, including via enquiry, booking, purchase, or use of the
Company’s website.
c) Vehicle means any motor vehicle owned, operated, or
represented by the Customer.
d) OEM means the original equipment manufacturer of the Vehicle,
unless specifically stated otherwise.

3. Information We Collect
a) The Company may collect personal information including, but not
limited to, names, contact details, Vehicle information (including
VIN and registration), service and repair history, payment details,
correspondence, and website usage data.

4. How Information Is Collected
a) Personal information is collected directly from the Customer when
enquiries are made, services are booked, payments are
processed, or interactions occur via phone, email, SMS, website
forms, or social media platforms. Information may also be
collected automatically through cookies and analytics tools.

5. Use of Personal Information
a) Personal information is collected and used for the purposes of
providing services, administering warranties, processing
payments, meeting legal and regulatory obligations, improving
operational efficiency, and communicating with Customers
regarding services or products offered by the Company.

6. Disclosure of Personal Information
a) The Company may disclose personal information to third parties
where reasonably required, including OEMs (unless specifically
stated), suppliers, diagnostic and calibration partners, payment
processors, professional advisors, insurers, and regulatory
authorities. Disclosure may occur within or outside Australia.

7. Data Security
a) The Company takes reasonable steps to protect personal
information from misuse, loss, unauthorised access, modification
or disclosure. However, no method of transmission or storage is
completely secure.

8. Access and Correction
a) Customers may request access to, or correction of, personal
information held by the Company by contacting the Company
using the details provided below.

9. Complaints
a) If a Customer believes their privacy has been breached, a
complaint may be made to the Company. The Company will
investigate and respond within a reasonable timeframe.

10. Changes to this Policy
a) This Privacy Policy may be amended from time to time. The
current version will be made available on the Company’s website.

11. Contact Details
a) Diesel & Performance Tuning Brisbane Pty. Ltd.
ABN 15 543 456 869
3/10 Lear Jet Drive, Caboolture, Queensland, 4510.
Phone: (+61) 7 5353 9115
Email: mailto:admin@dieseltuningbrisbane.com.au
Website: www.dieseltuningbrisbane.com.au



-ENDS-


DIESEL & PERFORMANCE TUNING BRISBANE PTY LTD (ABN 15 543 456 869)
SECURITY AND COMPLAINTS

1. Security
a) Diesel & Performance Tuning Brisbane is committed to
maintaining a best-practice approach to information security and
to continuously improving the protection of Customer information.

b) While reasonable steps are taken to safeguard information
systems, you acknowledge and agree that, to the maximum
extent permitted by law, Diesel & Performance Tuning Brisbane
does not represent, warrant, or guarantee that this website or any
information a ccessed through it is free from computer viruses,
malware, defects, errors, or other harmful components.

c) You are responsible for implementing your own appropriate
security measures, including virus protection, firewalls, and
system checks.

2. Scams, Trojans, Phishing & Cons
a) Customers should remain vigilant against fraudulent
communications that purport to be sent by Diesel & Performance
Tuning Brisbane, including communications that request sensitive
personal or financial information, redirect to external websites, or
offer incentives inconsistent with the Company’s usual business
practices.

b) Diesel & Performance Tuning Brisbane will never request
sensitive financial information via unsolicited electronic
communication. Customers are encouraged to refer to
http://www.scamwatch.gov.au.

3. Complaints
a) If you have a complaint relating to this website, services provided
by the Company, or associated digital or social media content,
you are encouraged to contact Diesel & Performance Tuning
Brisbane using the contact details published on our website.
Complaints will be reviewed and addressed within a reasonable
timeframe.



-ENDS-

6

DIESEL & PERFORMANCE TUNING BRISBANE PTY LTD (ABN 15 543 456 869)
GENERAL TERMS, CONDITIONS & RELEASE OF LIABILTY 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.





-ENDS-