Disclaimer

Dyno Testing & Tuning Disclaimer, Release & Waiver

Declaration and Release of Liability during Testing/Tuning on the Dynometer

If you are considering having your car dyno tuned by us, you will need to first agree to the terms and conditions of this Disclaimer. You will have been given a two (2) page Disclaimer which sets out the risks of undertaking the work. There is a weblink at the second paragraph offering you a more compressive version of that Disclaimer (this page) at www.dynotunesydney.com.au/disclaimer. Please be sure to take into consideration as to whether to proceed to have your car dyno tuned by us, the following information:

ATTENTION: PLEASE, READ CAREFULLY BEFORE YOU SIGN!

1. Sydney Performance Centre Group Pty Ltd (“SPC”) is the service provider.

2. The owner of the motor vehicle specified immediately below has engaged SPC to provide dyno tuning and testing services. These dyno testing and tuning services are, in all respects, covered by this ‘Dyno Testing/Tuning Disclaimer, Release & Waiver’, to which you, the Customer, agrees to be bound.

3. Vehicle Owner: (the “customer” – “you”)

Private: Mr. / Mrs. __________________________________________________

Company: (if applicable) _____________________________________________

4. The Motor Vehicle: (the “vehicle”)

Make: __________________________________ – Model _______________________________

Registration Plate: ______________________ – State: _____________

5.SPC’s Dyno Testing and Tuning Services

a. A dynamometer or “dyno” for short, is a device for simultaneously measuring the torque and rotational speed (RPM) of an engine so that its instantaneous power can be calculated, which is displayed by the dynamometer itself as kilowatts (kW) or horse-power (HP). This allows for us to tune your vehicle’s performance, with a high degree of accuracy, to achieve the vehicle owner’s desired performance goals. This can be for a range of purposes, from that of achieving the best fuel economy, to achieving the highest amount of power output.

b. Where SPC is engaged to tune the vehicle’s engine to achieve its maximum (capable) power output, you, the Customer, acknowledge that this type of tune is carried out for race-track purposes, and that as a result of the tune, the vehicle’s emissions may have altered so as to render the vehicle roadworthy.

c. Furthermore, where SPC is engaged to tune the vehicle’s engine to achieve its maximum (capable) power output, the Customer acknowledges and agrees that SPC will not, and be under no obligation to, tune the vehicle’s engine to a point beyond its safe operating limit, as determined by SPC, at SPC’s sole discretion.

• Risks acknowledged by the vehicle’s owner:

1. The Customer acknowledges that there are risks in submitting the vehicle for dyno testing and tuning services. For example, every vehicle manufacturer sets particular specifications for the tuning and operation of a particular vehicle. These are called the “manufacturers specifications”. It is important that the Customer takes into consideration, before submitting their vehicle for dyno testing and tuning, that the vehicle’s engine and related componentry will, in the course of the dyno testing and tuning process, be operated outside of the manufactures specifications and normal operational limits. As such, dyno testing and tuning a vehicle, which includes overriding and changing the vehicle’s engine control unit’s parameters, outside the manufacturer’s specifications may detrimentally affect, and may even void, the vehicle manufacturer’s warranty, and may materially reduce the longevity and reliability of the vehicle’s engine and related componentry, and in some cases may materially damage the vehicle’s engine and related componentry, even to a point of beyond repair.

1. SPC will use its best endeavours to ensure that the vehicle’s engine and its related componentry is not operated to a point where such damage occurs, however, SPC cannot, and specifically does not, warrant that the vehicle’s engine and/or its componentry won’t be materially damaged or otherwise materially impaired as a result of the dyno testing and tuning process.

1. By signing this Dyno Testing/Tuning Disclaimer, Release & Waiver, you, the Customer, agree that you have taken these risks into consideration in deciding to proceed with SPC’s dyno testing and tuning service. (see also clause (9) below “Waiver and Indemnity”)

2. The vehicle owner’s obligations to SPC:

1. The Customer must, and expressly agrees to, inform SPC of all modifications that, to their knowledge, or that they reasonably suspect has, or may have been, performed on the vehicle’s engine and related componentry. The Customer must be truthful and frank. This is particularly important because any modifications made to the vehicle may impact upon the safety of the dyno testing and tuning process.

1. There may also be underlying problems –unknown to the Customer- that exist with the vehicle’s engine and its related componentry which can dramatically and materially affect the engine’s safe operation during the dyno testing and tuning process. If you, the Customer, have not owed the vehicle since new, you cannot know precisely the vehicle’s servicing and tuning history, nor whether the vehicle as presented to SPC is correctly tuned to the manufacturer’s specifications. This is an important consideration because, when SPC dyno tests and tunes the engine, SPC does so from the starting point of the manufacturer’s specifications.

1. Note: While SPC will carry-out a vehicle health check, relevant to the dyno testing and tuning services to be performed, including as to checking for fault codes, SPC cannot, and specifically does not, warrant that any existing or potential problem with your vehicle’s engine and/or its componentry will be discovered prior to performing the dyno testing and tuning service.

1. By signing this Dyno Testing/Tuning Disclaimer, Release & Waiver, you, the Customer, agree that you have informed SPC of all modifications to your vehicle, that to your knowledge, or that you suspect, have been performed on it. (see also clause (9) below “Waiver and Indemnity”)

3. Performance enhancement is Not guaranteed:

1. Achieving the Customer’s desired engine performance enhancement goal (“performance goal”) is not guaranteed nor warranted by SPC. SPC’s dyno testing and tuning services is fundamentally provided as a service to attempt to achieve the Customer’s performance goal. While SPC will use its best endeavours to achieve the Customer’s performance goal, the service is not contingent on actually achieving that goal.

1. Note: There can be a range of reasons why a certain vehicle will not reach the performance goal; this can be because of the effect of accumulated wear and tear on the vehicle’s engine and related componentry, and/or any number of other things. In such case, where it is reasonable for SPC to do so, SPC will attempt to identify why the vehicle may not be achieving the performance goal. This may ultimately require additional, and extensive, work to be undertaken on the vehicle, its engine and related componentry. However, SPC will not be obligated to carry out such work, nor will SPC be obligated to provide any further dyno testing and tuning services on the vehicle.

1. If, for any reason, SPC is unable to achieve the performance goal, having performed dyno testing and tuning services on the vehicle, the Customer will still be liable to pay the agreed costs of the service, as the service will have been provided, and concluded, upon attempting, as is reasonable, to achieve the performance goal, notwithstanding it not being actually achieved. Furthermore, where SPC elects to, at is sole discretion, prior to providing the service, decline to perform dyno testing and tuning services on the vehicle, the Customer will be entitled to a refund on monies paid for the service, less costs proportionate to the time (and consumables) spent by SPC, as is reasonable in the given circumstances.

1. As noted in clause (5)(c) above: ‘where SPC is engaged to tune the vehicle’s engine to achieve its maximum (capable) power output, the Customer acknowledges and agrees that SPC will not, and be under no obligation to, tune the vehicle’s engine to a point beyond its safe operating limit, as determined by SPC, at SPC’s sole discretion.

1. By signing this Dyno Testing/Tuning Disclaimer, Release & Waiver, you, the Customer acknowledges that the desired engine performance enhancement goal is not (see also clause (9) below “Waiver and Indemnity”)

4. Waiver and Indemnity:

1. By signing this ‘Dyno Testing/Tuning Disclaimer, Release & Waiver’, the Customer (as undersigned) expressly agrees to waive all rights of claim for damages and/or costs that you have, or might have, against SPC, howsoever arising, whether directly or indirectly, from any conduct or omission of SPC’s in relation to the provision of the dyno testing and tuning service; and furthermore, you agree to indemnify, and forever hold harmless, SPC, as well as SPC’s agents, managers, employees and Officers, against any costs or compensatory awards howsoever arising as a result of any conduct or omission, whether directly or indirectly, of you the vehicle owner, in relation to the provision of the dyno testing and tuning service.

1. Furthermore, and more particularly, when the vehicle is in SPC’s care, custody or possession, you, the Customer expressly warrant that SPC will not be liable for any deterioration and/or degradation of the motor vehicle; including –but not limited to- the deterioration and/or degradation of the vehicle’s motor, mechanical and electrical componentry (whether ancillary or auxiliary), battery, body and/or frame (including paintwork and trim), windows (including tint and seals), the interior (including from water leaks), tyres, wheels and/or brakes – howsoever arising, including from rust.

1. Note to Clause 9(b) above: In some cases such deterioration and/or degradation may cause catastrophic failure and/or ‘fault codes’ to develop, which may impact or otherwise impede the safe operation of the motor vehicle. In such case, where SPC suspects that the safe operation of motor vehicle has been so affected, or otherwise where for any other reason SPC suspects that the safe operation of the motor vehicle is not reasonably certain, SPC will not start nor operate the motor vehicle, and it will be the sole responsibility of you, the Customer, to remove the motor vehicle from SPC’s premises, at your own expense. Moreover, SPC is only required, while the motor vehicle is in SPC’s possession, to ensure as reasonably practical, that it is kept secured, but this does not necessarily mean indoors and/or under cover.