Informed Indemnity and Consent
INFORMED CONSENT AND INDEMNITY
Performance Tech Pty Ltd as Trustee for The Gould-Anderson Family Trust (ABN 48 909 135 449) and its authorized agents, offers performance upgrade services with a specialization in late model OEM electronic engine management diagnostics, repair and enhancements. Our performance upgrades include (but are not limited to) ECU re calibration, aftermarket ECUs, turbo upgrades and repairs, injectors, exhausts, intercoolers, intakes, gauges and boost controllers.
The performance upgrade services are undertaken by trained Performance Tech operators, following best practice techniques and guidelines, and in accordance with Australian Standards and Australian Consumer Law obligations, to achieve increased performance and reliability from your vehicle. However, these services can subject your vehicle to dynamic stresses beyond typical factory operation and modify your vehicle’s performance and reliability.
By accepting this consent and indemnity document you hereby consent to and indemnify Performance Tech for the following:
- That you are over 18 years of age;
- That you are the legal owner of the vehicle listed on the order form sent via email to performance tech admin with your name on it.
- That you understand the performance upgrade services offered by Performance Tech may be categorized as illegal in some Australian States and Territories;
- That you accept responsibility for making all necessary inquiries with relevant authorities in relevant Australian States and Territories, or obtaining legal advice, regarding whether the performance upgrade services are legal in those States and Territories;
- That you are aware and understand the vehicle’s ECU, engine, transmission and related engine management systems, will be subject to dynamic stresses as part of Performance Tech’s performance upgrade services that are not normally induced during ordinary typical factory operation;
- That the performance upgrade services, and the potential implications and risks for the vehicle in altering its factory configuration, have been explained to you by Performance Tech and that you accept the risks of the vehicle undergoing a performance upgrade service;
- That you have followed any instructions provided to you by Performance Tech prior to the vehicle undergoing a performance upgrade service by Performance Tech;
- That to the best of your knowledge you are not aware of any major or minor mechanical or performance defects in the vehicle prior to a performance upgrade service being undertaken on the vehicle by Performance Tech, and that it is safe for use on public roads and road-related areas;
- That you authorize Performance Tech to subject the vehicle to a performance upgrade service;
- That you agree to take full financial and legal responsibility for, and indemnify Performance Tech from, any liability, cost or expense for any traffic infringements issued on Performance Tech operators during installation and testing of the performance upgrade service for existing vehicle equipment and modifications including (but not limited to) exhausts, tinting or wheels or any other equipment or modifications that are not compliant with relevant legislation;
- That you agree to take full financial and legal responsibility for, and indemnify Performance Tech from, any liability, cost or expense resulting from any breach of any provision under relevant legislation administered by any Australian State or Territory that categories the performance upgrade services as illegal;
- That you release Performance Tech from any liability for any mechanical or other failures, or any other damage or losses, which may be sustained during or after installation of the performance upgrade service, except as provided for in applicable statutory warranties, guarantees, representations, conditions, obligations or liabilities that cannot be excluded, restricted or modified.
THIS IS FULLY INTENDED TO BE A LEGALLY BINDING CONTRACT. IF YOU HAVE ANY DOUBTS CONCERNING ITS CONTENTS, CONSULT A LAWYER BEFORE SIGNING IT.