Terms and Conditions

This agreement is between Elite Tune Pty Ltd (ABN 28 645 537 588), referred to as the “Dealer,” and you, referred to as the “Vehicle Owner.”

1. Vehicle Owner’s Release and Acknowledgement

By engaging Elite Tune Pty Ltd for vehicle modification services, you acknowledge and agree to the following:

You, the Vehicle Owner, have provided your motor vehicle (the “Vehicle”) to the Dealer for tuning, modifying, or otherwise altering the Vehicle’s engine control unit using Alientech technology (“Tune,” “Tuning,” or “Tuned”).
The Dealer may perform the following to complete the Tuning:
- Place the Vehicle on a hoist to inspect and test components.
- Test drive the Vehicle.

You understand, acknowledge, and agree that:

Vehicles with a modified or Tuned engine control unit may be prohibited from being driven on public roads in your State or Territory, and the Dealer has informed you if this applies.
If prohibited, you will not drive the Vehicle on public roads.
The inspection, testing, modification, and Tuning of the Vehicle involve known and unknown risks, including but not limited to:
- Damage to the Vehicle’s engine.
- Failure of equipment or tools (e.g., lifting hoist) used during the process.
- Personal injury or property damage during inspection, testing, or Tuning.
These risks may result in serious injury, death, or property damage and cannot be fully eliminated without compromising the essential qualities of the Dealer’s services.
Modifications such as tuning, exhaust upgrades, emission changes, or accessory fitments (e.g., suspension, wheels, and tires) completed outside OEM specifications are intended for off-road use and unregistered vehicles only.

You indemnify, forever discharge, and voluntarily release the Dealer (including its employees, contractors, agents, affiliates, and suppliers), the manufacturer, and any associated persons or entities from all liability, claims, costs, losses, fines, demands, and proceedings (except where caused directly by their negligence) arising from the inspection, testing, modification, or Tuning of the Vehicle.

In this section, “we,” “our,” or “us” refers to the Dealer, and “you” refers to the Vehicle Owner.

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), provides you with rights, warranties, guarantees, and remedies (“Statutory Rights”) that cannot be excluded, restricted, or modified.
Our liability is governed solely by the ACL, and we exclude all other conditions and warranties implied by custom, law, or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided without warranties of any kind, either express or implied. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

If you are a consumer as defined in the ACL, we guarantee that our services are:
- Rendered with due care and skill.
- Fit for the purpose we advertise or that you have communicated to us, unless we disclose that the purpose is not achievable.
- Supplied within a reasonable time.

We are not liable for delays in providing goods or services caused by your delay in providing required information, or incomplete or incorrect information.

To the extent permitted by law, we exclude liability for:
- Implied or express guarantees, warranties, representations, or conditions not stated in these terms.
- Unavailability of goods or services.
- Any loss, damage, costs (including legal costs), or expenses—whether direct, indirect, incidental, special, consequential, or incidental—including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use, or any indirect, remote, abnormal, or unforeseeable loss, or losses related to business interruption, even if we were advised of the likelihood of such loss or damage.

Our total liability arising from our goods or services, whether under contract, tort (including negligence), equity, statute, or otherwise, will not exceed AUD$100.
Where we cannot exclude liability, our liability for loss or damage from our services is limited to re-supplying the services or, at our option, refunding the amount you paid for the services.

The Dealer is not liable for:
- Vehicle defect notices (e.g., yellow stickers) resulting from modifications such as tuning, exhaust upgrades, or emission changes.
- OEM vehicle warranty issues arising after the Dealer’s work or modifications.
- Any impact on OEM specifications due to performance-enhancing modifications.

This agreement is governed by the laws of Western Australia and the Commonwealth of Australia.
Each party irrevocably submits to the non-exclusive jurisdiction of the courts operating in Western Australia.

The terms of this agreement survive the completion of the inspection, testing, modification, or Tuning of the Vehicle.

By signing below, you declare that:

You are 18 years of age or older.
You hold a valid Driver’s Licence and have provided it to the Dealer if required.
You have provided any necessary registration documents for the Vehicle.
You are the owner or authorized representative of the legal owner of the Vehicle.