References in our Warranty, Terms & Conditions to Tunehouse, us or we are references to Tunehouse Pty Ltd (ACN 113 421 435) and or its related body corporate (“Tunehouse”).
We may modify our Warranty, Terms & Conditions from time to time. Please read our Warranty, Terms & Conditions and check back often. Any changes made to our Warranty, Terms & Conditions after you have placed an order will not affect that order unless we are required to make the change by law.
You acknowledge and agree that acceptance or delivery of our goods and services, a quotation or booking your vehicle in with Tunehouse is automatic acceptance of our Warranty, Terms & Conditions.
Should the cost of repairs exceed the original estimate, we will contact you before proceeding with the repair beyond the initially quoted price. We will issue you with a Tax Invoice once the repair, work or services have been completed, or goods are ready to be supplied by us. On the day of the work being completed and a Tax Invoice being rendered, you must make payment in full prior to the collection of your vehicle.
You acknowledge and agree that Tunehouse reserves the right to retain your vehicle or goods until payment has been made by you in full for any repair, work or services provided by Tunehouse.
Payment Interest at the rate of 20% per annum (“Default Interest”) will be charged on any account not paid within 7 days of the date of any Tax Invoice rendered by Tunehouse. Default Interest will be capitalised at the end of the month and form part of the principal debt.
Debt recovery proceedings will be commenced without further notice to you in respect of any account outstanding for more than 60 days. Such debt recovery costs (including legal costs, commission and/or internal accounting charges) together with any Default Interest will be payable by you in full.
Tunehouse may require a deposit from you prior to commencing any work. In the event a deposit is provided by you for a part or parts and you cancel your order, Tunehouse at its absolute discretion may do the following:
(a) Retain the whole of your deposit to pay for any items which are non-refundable with Tunehouse’s suppler; or
(b) Retain 35% of the deposit or an amount as required by any Tunehouse supplier to restock the items (whichever is greater). Some special order or custom items are non refundable. Tunehouse will advise you prior to making any order for such parts; or
(c) Return your deposit, less any fees associated with returning the items to the supplier.
Tunehouse warranty covers repairs performed on your vehicle for 6 months or 10,000 kilometers for all servicing items or mechanical repairs. Where work involves the supply of parts or services from a manufacturer or another services provider, the warranty is limited to the maximum period allowed by that manufacturer or service provider for their parts and/or services.
You must allow Tunehouse the opportunity to inspect and diagnose any issues within the warranty period, prior to you making any alterations and/or repairs. You acknowledge that it is your duty to deliver your vehicle to Tunehouse for our inspection and in the event the issue is not a result of Tunehouse’s performed work then you will be liable for any delivery costs incurred by you.
Tunehouse warranty is non-transferable and only applicable to the owner of the vehicle at the time the repair, works or service was provided by Tunehouse.
Any modifications or interference with the work carried out by us, which has not been authorised by us in writing, will automatically void your warranty with Tunehouse.
Any items supplied or work completed by Tunehouse for race or offroad use comes with limited warranty due to the nature of those applications.
4. Liability and Indemnity.
All vehicles left in our custody are solely at your own risk. We are not liable for any loss or damage to any vehicle or property in or on the vehicle which is stolen, damaged or otherwise lost whilst the vehicle is parked or otherwise in our custody or control. In particular, you warrant that your vehicle, if not a specific race vehicle, is registered under the applicable legislation in the state where the vehicle is usually located. You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential loss or damages for loss of profits of any nature and howsoever arising including, but not limited to, any alleged defects or faults, or damage arising out of or relating to:
(a) reclaimed, used or reconditioned parts, or parts not supplied by us;
(b) all non-standard, racing and performance applications;
(c) partial repairs; and
(d) inability to use the vehicle.
To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted to the following (whichever is the lesser amount or at our option in our sole discretion):
(a) in the case of services supplied or offered by us:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services repaired;
(b) in the case of goods supplied or offered by us;
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of having the goods replaced; or
(iv) the payment of having the goods repaired.
You acknowledge and accept that all performance work performed by Tunehouse has been completed for racing or off road use only and may not comply with all current road regulations. In the event you drive the vehicle on the road, you hereby acknowledge and agree that you are doing so at your own risk.
5. Terms & Conditions for Dynamometer use.
You acknowledge and accept that chassis dynamometer testing is an essential part of the work provided and may place a large amount of stress on engine and drivetrain components. We will not be liable to you for any indirect, incidental, special and/or consequential loss or damages for loss of profits of any nature arising from any mechanical damage that occurs during the course of that testing. In the event you wish for Tunehouse to apply any restrictions on their chassis dynamometer testing, you must provide us with written instructions of any restrictions. If you fail to do so, we shall be permitted to assume there are no restrictions.
6. Copyright Notice.
All information on the engine, transmission or other ECU computer of a motor vehicle created by Tunehouse as a result of the tuning of that motor vehicle remains the sole property of Tunehouse. You acknowledge and accept that Tunehouse may password protect any such information to prevent unauthorised use of material in which it owns the copyright. You further acknowledge and accept that Tunehouse is the sole legal proprietor of all Tunehouse engineering methods, designs, turbo kits, and all associated intellectual property and you will not use any such intellectual property without Tunehouse’s prior written consent.
Your rights to privacy are protected under the National Privacy Principles, the Privacy Act 1988 (Cth) and general law, which place strict requirements on us to treat certain information collected as confidential. If you have any concern, please contact us.
8. Electronic Communication.
You consent to receive communications electronically from Tunehouse and its affiliates. By providing your details to us, we confirm that you consent to Tunehouse disclosing personal information about you for the purposes of direct marketing by Tunehouse and any of its affiliates. At any time, you may request not to receive direct marketing or communications from Tunehouse or any of its affiliates by contacting Tunehouse, or clicking the relevant link in the footer of all marketing communication.
Our Warranty, Terms & Conditions shall be exclusively governed by the laws of New South Wales, Australia. If any portion of our Warranty, Terms & Conditions becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.