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Whereas, Tuned By Anton has developed software calibrations and relative engine control management modifications & desires to grant the customer the right to use for race purposes only. Whereas, Customer wishes to use the above specified under the conditions of this limited warranty. Now therefore, in consideration of the mutual promises set forth, the parties agree as follows:
The limited workmanship warranty is made and effective as dated on the invoice. Between the customer and Tuned By Anton, a corporation organized and existing under the laws of the local state or territory of Australia.
(a) its software calibrations will perform to an industry standard to the best of efforts for a period of 30 days from the date of invoice.
(b) that the medium on which the software calibration is contained will be free from defects workmanship under race use for a 30 day period. Tuned By Anton is not held responsible for any kind of engine failure. In the event applicable law imposes any implied warranties, the implied warranty period is limited to 30 days from the date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitation may not apply to customer.
(c) Tuned By Anton is not by any means responsible for any faults from third party products. You may be entitled to have the product repaired or replaced under the terms of a voluntary manufacturer’s warranty. This limited warranty is void if failure of the software calibration has resulted from accident, abuse, obsolescence and defects not related to software (e.g. mechanical defects) and misapplication. Any replacement software calibration will be warranted for the remainder of the original warranty period or thirty days.
To the maximum extent permitted by applicable law, Tuned By Anton and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchant ability and fitness for a particular purpose, with regard to the software and any related written materials. This limited warranty gives customer specific legal rights customers may have other rights depending on jurisdiction.
To the maximum extent permitted by applicable law, in no event shall Tuned By Anton or its suppliers be liable for any damages whatso ever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss, including damages to vehicle mechanical components and accidental damage to the vehicle) arising out of the use of or inability to use this product, even if Tuned By Anton has been advised of the possibility of such damages in any case, Tuned By Anton and its suppliers entire liability under an provision of this agreement shall be limited to the amount actually paid by you for the software calibration. Because some jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Tuned By Anton has the right to check if your warranty valid. If warranty period has lapsed or if any of the exclusions apply, your request will be deemed out of warranty. If your service request is out of warranty, a service charge list with an offer for repair will be provided to you, which you may accept or reject. If you accept the repair we will provide you with an invoice for the repair labor, spare parts and other costs stated in the service charge list. You may pay the invoice within 5 business days of the invoices date of issue. The repair will only be completed after the invoice is settled.
The customer is required to collect their vehicle within 5 business days from completion. Exceeding this period there will be a vehicle storage balance carried forward.
Remote assistance is only available to support current operating systems e.g. windows 10, where remote assistance required; broadband or greater speed internet connectivity will be required. Note: You are responsible for data and time usage on your internet connection during the course of remote assistance. Where a customer is unable or unwilling to follow or understand instructions on the telephone, or where a customer is not being able to comprehend what is being asked of them, the customer will be referred back to workshop to for further assistance.
Some technical support may require that Tuned By Anton access your computer. If Tuned By Anton or a third-party service provider is required in the course of providing all assistance to you, Tuned By Anton or a third-party service provider will not be responsible or liable under any circumstances what so ever for any losses.
A futile service is a term used when progress work on vehicle has been commenced although unsatisfactory due to (but not limited to) for the following reasons of:
(a) vehicle was not prepared for software calibration
(b) the vehicle cannot be accessed
(c) the vehicle contains of mechanical defects or imperfections in which and therefore cannot continue safely.
(d) the vehicle does not meet the industry standard in relation to mechanical modifications
(e) the vehicle does not have operational safety functions and there is a risk of personnel health and safety.
A futile service fee will be applied to a customer in circumstances where Tuned By Anton cannot complete a
service due to such inconveniences.
All calibrations remain the intellectual property of Tuned by Anton and appropriate measures of protection are mandatory.
It is factual that all performance enhancements introduce additional stress to many components of any vehicle therefore the vehicle owner must accept that it is most likely for failures to occur with any process or procedure to optimise for engine performance. Tuned by Anton therefore ADVISES not to proceed in the event you do not wish to encounter to instigate vehicle failures
In witness where of, the parties have executed this agreement on the dates set forth first above, with full knowledge of its content and significance and intending to be legally bound the by the terms hereof.
DYNO TESTING IS PURELY AT OWNERS RISK
