Terms and Conditions
Disclaimer, waiver, warranty and conditions
1. Disclaimer
1.1 Modifications
1.1.1. Warranty coverage only applies to work done on street vehicles. Any work done on vehicles that partake in any type of motorsports activities (including rallying, circuit racing, drag racing or any other competitive driving, practising or testing for the same) is done so without warranty coverage. Street vehicles that partake in motorsports activities void any warranty originally in place. Any modifications made that deviate from 100 % stock carry no warranty, expressed or implied. Any modifications that increase the power of the vehicle void any warranty originally in place, including factory/original equipment manufacturer’s (OEM) parts
1.1.2. In no event will Illawarra’s Automotive Specialists (described hereafter as IAS) be liable for any incidental, consequential or indirect damages.
1.1.3. High-performance driving and automotive modification carry inherent risks. Car modifications of any kind (including software alterations) that increase the power and torque of the vehicle may reduce or limit the life of your car and any of its wearable parts and could result in damage to the vehicle. IAS will take due care and skill with your vehicle however IAS will not take responsibility for personal injury, property damage or any situation or liability arising from failures after modifications, it is solely the customer’s responsibility. This work is carried out at your own risk.
1.1.4. Before undertaking any modifications (including tuning) to your vehicle please check that it does not void any mechanical warranties or Insurance you may have. IAS takes no responsibility if any warranties or Insurance become void as a result of modifications.
1.1.5. Please be aware, some or all of the aftermarket products or modifications (including tuning) that you purchase may not be legal for use on public roads in Australia. IAS will not be held responsible for any legal cost incurred as a result of purchasing these parts or services. All aftermarket installation of parts and or tuning that deviate from 100 % stock is not street legal and should not be used or driven on public roads. You agree to absolve IAS of all responsibility in ensuring your car meets Federal, State,
and/or Local regulations.
1.1.6. If you do not agree with the above terms do not proceed with vehicle modifications.
1.2. Dyno tuning
1.2.1. IAS use a Mainline chassis dynamometer (Dyno) to test/tune engines. Tuning includes repair, tuning, testing, fitting, development and the supply of parts and equipment. Tuning is a specific category of modification where the electronic control unit (ECU) of the vehicle is calibrated and/or modified to enhance power and efficiency while also promoting engine longevity.
1.2.2. All tests are intended to be and will be at maximum performance and at wide-open throttle, thus applying stress similar to that which the vehicle should experience during operation on the road/track and is therefore susceptible to the same risks as on the road/track which may cause wear and tear or complete damage to, but not limited to engine, power train and /or tire/wheel failure or damage.
1.2.3. IAS accepts absolutely no responsibility for any mechanical, electrical or any other failures during or after our testing/tuning process. This work is carried out at your own risk.
2. Dyno Tuning Water
2.1.1. The vehicle owner/agent warrants that their vehicle is mechanically safe, is in roadworthy condition and is capable of withstanding peak loads, speeds or temperatures that would be imposed, or may arise, during full power and full throttle chassis dynamometer testing/tuning and that all parts are used in the engine and vehicle during testing. Testing normally imposes loads exceeding manufacturers design specifications.
2.1.2. The vehicle owner/agent understands that IAS and the Dyno operators reserve the right to decline or discontinue dynamometer services for any reason at any time.
2.1.3. The vehicle owner/agent agrees to release from any liability of any nature IAS, their respective management, staff, employees, operators and volunteers against any/all claims, actions, demands, losses, damages, costs, and expenses whatsoever suffered from or incurred as a result of Dyno
testing/tuning.
2.1.4. The vehicle owner/agent confirms that they have full authority to authorise the testing /tuning of the vehicle, they know and accept the risk of running the vehicle on the Dyno and agree to have the vehicle run on the Dyno.
2.1.5. The vehicle owner/agent understands that some or all of the tuning parts and/or tuning settings may not comply with various legal requirements.
2.1.6. The vehicle owner/agent authorises IAS and its employees to operate the
vehicle in the manner and to the limits stated above.
2.1.7. The vehicle owner/agent may control such testing or supply written instructions detailing any conditions or restrictions they may wish to be imposed during such testing. If no instructions are given the owner/agent agrees, by implication and default, that IAS will carry out any testing at the discretion of the employee.
2.1.8. The vehicle owner/agent agrees to all conditions, risks, and self-liability of the vehicle and agrees to free IAS from any liability and cause of action,
which might arise from the use of the vehicle on the Dyno.
2.1.9. The vehicle owner/agent grants IAS’s authorized employee’s permission to operate the vehicle on their dyno, streets, highways or elsewhere for the purpose of testing and/or inspection.
2.1.10. The above conditions and exclusions of liability only apply to the extent not prohibited or made void by law but subject only to that they are the sole
basis on which IAS are willing to take on the work or other responsibilities.
2.1.11. If you do not agree with the above conditions and exclusions do not proceed with Dyno testing/tuning.
3. WARRANTY
3.1. Scope
3.1.1. IAS warrants in favour of the Customer that the parts and service provided by IAS will be free from manufacturing defects in materials and workmanship, under normal conditions of use and service, for the duration
of the Warranty Period described below:
| Description |
Warranty Period (from date of pick up) |
|
|---|---|---|
|
All reconditioned cylinder heads for private use |
3 months |
|
|
All commercial reconditioned cylinder heads |
1 month |
|
|
All standard engine assemblies |
6 months |
|
|
All non-standard engine assemblies |
3 months
(Limited to engine repair only; towing, engine removal and replacement, oils
and coolants are at the owner’s cost) |
|
3.1.2. All diesel and petrol engines require new or serviced fuel pump, radiator, hoses and clamps to comply with warranty.
3.1.3. If anything is found to be broken or needs replacing then the invoice/quote will be adjusted accordingly.
3.1.4. After 1000 km, all reconditioned engines or head services require re- tension of the cylinder head, sump, timing cover, manifolds, turbo and all other associated/necessary components along with a change of engine oil
and oil filter in order to comply with Engine Warranty.
3.1.5. This is an extra cost and failure to do so will void warranty.
3.1.6. A licensed mechanic is required to install, start and test all engines.
3.1.7. Any work carried out by a non-licenced individual will void warranty.
3.1.8. Any aftermarket parts installed on the vehicle related to the engine will void warranty.
3.1.9. All engines must comply with manufacturers specifications or warranty will be void.
3.1.10. All warranty does not transfer if vehicles, engine or products are sold after being purchased from IAS.
3.1.11. The warranty does not apply and is void in any instance where repairs have been made or attempted by others.
3.1.12. The warranty does not apply and is void if the vehicle is used in stunt activities or motorsports (including rallying, circuit racing, drag racing or
any other competitive driving, practising or testing for the same).
3.1.13. The warranty does not apply and is void if modification/tuning causes or contributes to the failure of the vehicle to meet any Government or Regulatory standards including, but not limited to, ADR Emissions, CARB Certification or noise levels.
3.1.14. If within the Warranty Period a defect in the parts or workmanship is discovered, IAS will, at IAS’s discretion, repair or replace the defective parts at its cost in accordance with this Warranty. If defective parts are repaired or replaced under this Warranty, the repaired or replacement parts will be
covered by this Warranty only for the remainder of the Warranty Period.
3.2. Limitations
3.2.1. IAS will make every endeavour to complete the work by the prescribed time, subject to circumstances beyond their control.
3.2.2. Any failure due to actions outside of our control, such as: other people working on the car, manipulation of tuning data/ECU, failure to follow engine break-in procedure, running low on fluids, pre-existing problems or
abuse, will be solely at the cost of the owner.
3.2.3. IAS accepts no responsibility for parts supplied by the clients/customers, used or new. It is the sole responsibility of the client/customer to ensure the items supplied are correct and/or in good working order.
3.2.4. IAS accepts no responsibility for any damage incurred from incorrect items supplied by clients/customers.
3.2.5. IAS accepts no responsibility for loss or damage, by fire, theft or accident to the vehicle, its equipment, or contents while on its premises, or being driven or road tested by its authorized employees unless gross negligence
is proven.
3.2.6. Removed parts will only be returned to the owner if requested. The customer will be given the opportunity to have back any stock parts removed in the installation of aftermarket products. If a customer refuses the stock parts, or they are left in our shop unclaimed for more than 1 business day, the parts will be disposed of. IAS will not accept responsibility for any parts left in our shop for longer than a period of 1 business day and will not be held responsible to replace such parts after 1 business day or if the customer has refused them either in writing of verbally or if the
customer does not request the parts back at the time of installation.
4. CLAIMS
4.1. If an issue arises, IAS should be the first contact to diagnose the problem. If other people work on or inspect the issue before IAS has an opportunity to, we are no longer liable for any repairs or associated costs. If IAS is the first to inspect and the failure was caused by the machining or assembly by IAS, we will either repair or
replace the engine at no cost.
4.2. In order to make a claim under this Warranty, the customer must strictly within 14 days of becoming aware of the issue, provide IAS with written notice which (a) describes the nature and basis of the claim or dispute; and (b) sets forth the specific relief sought.
4.3. Written notice can be provided:
• by post or in person: 73 Hargraves Avenue, Albion Park Rail, NSW 2527
• by email: illawarrasautospecialists@gmail.com
• by post or in person: 73 Hargraves Avenue, Albion Park Rail, NSW 2527
• by email: illawarrasautospecialists@gmail.com
4.4. IAS’s determination as to the existence of any defect or the cause of any defect is conclusive.
4.5. IAS reserves the right to inspect cooling, exhaust and engine breathing systems
prior to a claim.
4.6. Any parts which are replaced under this Warranty become the property of IAS.
4.7. Any claim made for damage to the vehicle must be made within 1 business day from date of pick up.
4.8. If IAS and you do not reach an agreement to resolve the claim within 30 days after
written notice is received, you or IAS may commence an arbitration proceeding or lodge a complaint with Fair Trading.
4.9. IAS will not be responsible for:
4.9.1. Any cost relating to the warranty repair, including but not limited to, cost to diagnose part/parts, part removal or part reinstallation once repaired.
4.9.2. Any transport or ancillary costs, including but not limited to, towing, rental car, accommodation or Customer relocation costs.
4.9.3. Any loss of profits or other indirect or consequential loss whatsoever arising from any defect.
4.9.4. Any indirect or consequential loss or damage to the vehicle, including any damage to mechanical, electrical or body components of the vehicle,
arising from any defect.
4.9.5. Any loss or damage to the part or vehicle occurring whilst the part or vehicle is in transit
4.9.6. Any loss or damage caused by any delay in assessing the Customer’s claim or in repairing or replacing defective parts.
5. MONIES OWING
5.1. All vehicles, parts and property will remain on the property of Illawarra’s Automotive Specialists until any and all invoices are paid in full.
5.2. Vehicles not collected and paid for within 14 days of completion will be put through a recovery process and may be sold to recover costs.
5.3. Any client employing IAS to carry out work must fully accept and understand these conditions.
5.4. If you do not agree with the above conditions do not proceed with and agree to work on your vehicle.
6. RATES AND PRICE VARIATIONS
6.1. If the cost of any parts/accessories/services increases due to, but not limited to, price increases made by wholesalers or other suppliers, tax changes, or any other
reason, you are required to pay the increase when notified by us.
6.2. Quotes are subject to the availability of the parts/accessories; if the parts/accessories are no longer available or temporarily unavailable through the supplier in which it was originally quoted, it may need to be sourced elsewhere which could incur price rises, and/or differ in freight or delivery charges. We are not
liable in any way if any increase occurs.
6.3. Prices quoted are appropriate and accurate to the part/service at the time of quotation.
6.4. All Quotes made by IAS expire after 30 days
"Thank you for choosing Illawarra's Automotive Specialists"
ABN 65152700804
Bendigo Bank – BSB 633000
ACC 144866233
