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:

Limited Warranty

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.

Tuned By Anton warrants that:

(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.

No other warranties

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.

No liability for damages

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.

Out of warranty cases

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.

Storage

The customer is required to collect their vehicle within 3 business days from completion. Exceeding this period there will be a vehicle storage balance carried forward.

Booking Deposit

We require a deposit payment to secure all bookings. This is to ensure our resources are allocated accordingly and to ensure your commitment to the scheduled appointment. Deposits are non-refundable. We would happily reschedule once providing have +48 hours notice.

Tech Support

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.

Third party Service Provider

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.

Futile Service

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.

Calibration Intellectual Property

All software calibrations and related engine control management modifications provided by Tuned By Anton remain the intellectual property of Tuned By Anton. The customer acknowledges and agrees that they are granted a limited right to use these software calibrations for race purposes only, as specified in this agreement. The customer shall not reproduce, distribute, reverse-engineer, or otherwise tamper with the software calibrations in any manner that may compromise or infringe upon Tuned By Anton’s intellectual property rights. Any unauthorized use, reproduction, or distribution of the software calibrations may result in legal action to protect Tuned By Anton’s intellectual property rights.

Workshop Wholesale Booking:

For workshop bookings involving dyno tuning services for multiple vehicles on a wholesale basis, the following conditions apply:

(a) The workshop, hereinafter referred to as the “Wholesale Booking Party,” may book dyno tuning services for multiple vehicles owned by individual customers.

(b) The Wholesale Booking Party, by booking these services, assumes full responsibility for each of the vehicles in the wholesale booking and acts as the authorized agent of the individual vehicle owners for the purposes of dyno tuning.

(c) The Wholesale Booking Party must ensure that each individual vehicle owner is made aware of and agrees to the terms and conditions outlined in this agreement, including the limited warranty, liability provisions, and the risk associated with performance enhancements.

(d) In the event of any disputes, claims, or warranty-related issues, the Wholesale Booking Party agrees to represent and assist individual vehicle owners in their interactions with Tuned By Anton.

(e) The Wholesale Booking Party is responsible for providing accurate and up-to-date information for each vehicle, including the make, model, and any necessary specifications required for dyno tuning.

(f) The Wholesale Booking Party acknowledges that any charges, including the booking deposit and service charges, are the responsibility of the respective individual vehicle owners.

(g) The Wholesale Booking Party is responsible for facilitating communication between Tuned By Anton and the individual vehicle owners, ensuring that any instructions, requests, or requirements are clearly conveyed.

(h) The Wholesale Booking Party understands that dyno testing is solely at the risk of the vehicle owners, and they must communicate this risk to the individual owners.

(i) Any fees, charges, or penalties for futile services or additional services will be billed to the Wholesale Booking Party for each respective vehicle, and they are responsible for communicating and settling these charges with the individual vehicle owners.

(j) In witness whereof, the Wholesale Booking Party acknowledges and accepts these additional conditions and agrees to act as the authorized representative of the individual vehicle owners in all matters pertaining to the dyno tuning services.

This addition addresses the responsibilities and relationships between the workshop making wholesale bookings and the individual vehicle owners for dyno tuning services, making it clear that the workshop is acting on behalf of the owners and assuming certain responsibilities. However, it’s essential to ensure that all parties involved are aware of and consent to these conditions before proceeding with wholesale bookings. It’s also advisable to consult with a legal professional to ensure that this addition complies with applicable laws and regulations.