Workshop Terms and Conditions

ASLmods – Workshop Terms & Conditions

1. Application and Acceptance

1.1 Application

These Workshop Terms & Conditions apply to all workshop services supplied or agreed to be supplied by ASLmods to a Customer, including:

• inspection and diagnosis;
• mechanical repairs;
• engine conversions;
• engine installation and removal;
• fabrication;
• modification;
• fitment and installation of parts and accessories;
• electrical work;
• testing;
• commissioning;
• tuning;
• road testing;
• fault finding; and
• any other work performed by ASLmods on or in connection with a Customer Vehicle.

These Workshop Terms & Conditions apply separately from the ASLmods Online Store Terms & Conditions.

1.2 Acceptance

The Customer is deemed to have read, understood and accepted these Workshop Terms & Conditions if the Customer:

(a) accepts a Quote or Estimate issued by ASLmods;

(b) pays a deposit or other amount relating to Workshop Services;

(c) books Workshop Services;

(d) delivers or arranges delivery of a Vehicle to ASLmods;

(e) authorises ASLmods verbally, electronically or in writing to commence Workshop Services; or

(f) otherwise instructs ASLmods to perform work on a Vehicle.

1.3 Related Policies

These Terms should be read together with the:

• ASLmods Workshop Warranty Policy;
• ASLmods Workshop Cancellation, Deposits & Refunds Policy;
• ASLmods Workshop Privacy & Vehicle Recording Policy;
• applicable Quote or Estimate;
• applicable Work Order; and
• applicable Work Authorisation.

1.4 Australian Consumer Law

Nothing in these Workshop Terms & Conditions excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law (ACL).

2. Customer Authority

2.1 Authority to Authorise Work

The Customer warrants that they:

(a) are the legal or registered owner of the Vehicle; or

(b) have full authority from the owner of the Vehicle to authorise ASLmods to perform the Workshop Services.

2.2 Authority to Operate Vehicle

The Customer authorises ASLmods and its employees, contractors and subcontractors to:

(a) move the Vehicle within or outside ASLmods' premises;

(b) start and operate the Vehicle;

(c) connect diagnostic or testing equipment;

(d) dismantle components where reasonably required;

(e) road test the Vehicle; and

(f) otherwise operate the Vehicle as reasonably necessary to diagnose, perform, test or verify the authorised Workshop Services.

3. Quotes, Estimates and Scope of Work

3.1 Quotes and Estimates

Any Quote or Estimate issued by ASLmods is based on:

(a) the information supplied by the Customer;

(b) the condition of the Vehicle reasonably apparent at the time;

(c) the work reasonably expected to be necessary; and

(d) the cost and availability of parts, materials and third-party services known at the time.

3.2 Hidden and Unforeseen Conditions

Unless expressly stated otherwise, a Quote or Estimate does not include work, parts or costs which could not reasonably have been identified before dismantling, inspection or commencement of the Workshop Services.

3.3 Examples of Unforeseen Conditions

During Workshop Services, ASLmods may discover matters including:

• damaged, worn, seized, rusted or broken components;
• previous poor-quality repairs or workmanship;
• undisclosed Vehicle modifications;
• incorrect previous installation;
• missing components;
• incompatible components;
• electrical or wiring faults;
• structural damage;
• rust or corrosion;
• engine, gearbox or driveline faults;
• cooling system faults;
• fuel system faults;
• non-standard components;
• damaged fasteners or threads;
• components that cannot reasonably be reused;
• components requiring replacement to safely complete the authorised work; or
• other conditions not reasonably identifiable before work commenced.

3.4 Final Project Cost

Where unforeseen conditions, additional work or Customer-requested variations arise, the final price may exceed the original Quote or Estimate.

ASLmods will seek the Customer's approval before undertaking material additional work, except where reasonably necessary to prevent immediate damage, secure the Vehicle or make a partially dismantled Vehicle reasonably safe.

4. Variations and Additional Work

4.1 Customer Authorisation

Additional or varied work may be authorised by the Customer:

• in writing;
• by email;
• by SMS or other electronic message;
• by telephone; or
• verbally.

ASLmods may record that authorisation in its job management system, job card or other business records.

4.2 Additional Charges

Work outside the original agreed scope may be charged in addition to the original Quote or Estimate.

This may include additional:

• labour;
• diagnosis;
• parts;
• materials;
• fabrication;
• consumables;
• machining;
• subcontractor charges;
• freight; and
• engineering or certification costs.

4.3 Declined Work

Where ASLmods recommends additional work and the Customer declines that work, ASLmods may:

(a) continue only with the originally authorised work where safe and practical;

(b) cease work where continuing would be unsafe, impractical or reasonably likely to cause damage;

(c) require the Vehicle to be removed from the premises; and

(d) record the declined recommendation on the Customer's invoice or workshop records.

ASLmods is not responsible for a subsequent failure caused by a condition which the Customer was advised should be repaired but elected not to repair, except to the extent ASLmods is responsible under applicable law.

5. Diagnostic Work

5.1 Diagnostic Charges

Diagnostic and fault-finding work is chargeable unless ASLmods expressly agrees otherwise.

5.2 Diagnostic Process

The Customer acknowledges that diagnosis may reasonably require:

• dismantling;
• scanning;
• electrical testing;
• road testing;
• pressure or compression testing;
• removal of components;
• substitution of known-good components;
• repeated testing; or
• other diagnostic procedures.

5.3 Diagnosis Not Guaranteed

ASLmods will exercise due care and skill when performing diagnosis.

Some faults may be intermittent, concealed, multifactorial or unable to be conclusively identified within the diagnostic time authorised by the Customer.

Diagnostic labour remains payable for work reasonably performed even where the cause of a fault cannot ultimately be conclusively identified.

5.4 Multiple Faults

Repairing one identified fault does not guarantee that another unrelated or previously concealed fault will not subsequently become apparent.

6. Vehicle Condition and Pre-Existing Faults

6.1 Customer Disclosure

The Customer must disclose information reasonably relevant to the Workshop Services, including known:

• engine problems;
• overheating;
• oil pressure issues;
• transmission or driveline faults;
• electrical problems;
• ECU modifications;
• tuning;
• accident damage;
• previous engine conversions;
• aftermarket wiring;
• previous mechanical repairs;
• structural damage;
• safety issues; and
• modifications performed by another person or business.

6.2 Pre-Existing Conditions

ASLmods is not responsible for faults, damage, deterioration or defects which:

(a) existed before the Vehicle was delivered to ASLmods;

(b) arise from previous work performed by another person;

(c) arise from pre-existing wear or deterioration; or

(d) were not caused by ASLmods' failure to exercise due care and skill.

6.3 Condition Records

ASLmods may photograph, video or otherwise record the Vehicle and its components:

• when the Vehicle arrives;
• during dismantling;
• during Workshop Services;
• during testing; and
• at completion.

These records may be retained in accordance with the ASLmods Workshop Privacy & Vehicle Recording Policy.

7. Customer-Supplied Parts

7.1 Acceptance

ASLmods may, at its discretion, agree to install parts or components supplied by the Customer.

ASLmods is not required to install any Customer-supplied part.

7.2 Suitability

ASLmods may refuse to install a Customer-supplied part which it reasonably believes is:

• unsafe;
• defective;
• damaged;
• unsuitable;
• incompatible;
• incorrectly specified; or
• likely to adversely affect the Vehicle.

7.3 Warranty

ASLmods does not provide a product warranty over the manufacture, quality, durability or inherent condition of a part supplied by the Customer.

ASLmods remains responsible for the workmanship involved in installing that part to the extent required by law.

7.4 Additional Labour

Where a Customer-supplied part is incorrect, defective, incomplete or incompatible, additional labour associated with:

• attempted installation;
• removal;
• diagnosis;
• refitting;
• modification; or
• replacement

may be charged to the Customer.

8. ASLmods-Supplied Parts

Parts supplied by ASLmods as part of Workshop Services may be subject to:

• the ASLmods Workshop Warranty Policy;
• any applicable manufacturer's warranty; and
• the Customer's rights under the Australian Consumer Law.

The existence of a manufacturer's warranty does not replace or restrict any statutory rights the Customer may have against ASLmods.

9. Modified Vehicles and Engine Conversions

9.1 Non-Standard Vehicles

The Customer acknowledges that modified vehicles may contain components and systems operating outside the Vehicle manufacturer's original configuration or specifications.

9.2 Interaction Between Systems

Modification of one component may increase load, stress, torque, heat or operating requirements on other Vehicle systems and components.

This may include:

• engines;
• transmissions;
• clutches;
• torque converters;
• transfer cases;
• differentials;
• axles;
• CV joints;
• driveshafts;
• cooling systems;
• fuel systems;
• electrical systems;
• suspension;
• steering;
• brakes; and
• chassis components.

9.3 Pre-Existing Components

Unless expressly included within the Quote, ASLmods does not provide a voluntary warranty over the condition or remaining service life of pre-existing components retained as part of a modification or conversion.

9.4 Engine Conversions

The Customer acknowledges that engine conversions and other substantial modifications may involve multiple interconnected systems and that:

(a) unforeseen compatibility issues may arise;

(b) additional components may become necessary;

(c) existing components may require repair, alteration or replacement;

(d) custom fabrication may be required;

(e) further adjustments may become necessary during commissioning;

(f) parts availability may affect completion times; and

(g) final commissioning may identify additional faults or requirements not reasonably identifiable at the commencement of the project.

10. Custom Fabrication

Where Workshop Services include custom fabrication, the Customer acknowledges that handmade or individually fabricated components may contain reasonable cosmetic or dimensional variation compared with factory mass-produced components.

This does not affect ASLmods' obligations to provide Workshop Services with due care and skill or otherwise comply with applicable consumer guarantees.

11. Project Timeframes and Delays

11.1 Estimated Timeframes

Unless ASLmods expressly agrees in writing to a fixed completion date, any completion date or timeframe provided is an estimate only.

11.2 Causes of Delay

Workshop Services may be affected by:

• parts availability;
• backorders;
• freight delays;
• manufacturer or supplier delays;
• machining;
• fabrication;
• engineering;
• third-party contractors;
• unforeseen Vehicle condition;
• additional faults;
• Customer-requested variations;
• Customer delays in providing instructions;
• delays in payment; and
• events outside ASLmods' reasonable control.

11.3 Reasonable Time

Where no fixed timeframe has been agreed, Workshop Services will be performed within a reasonable time as required by applicable law.

12. Road Testing

12.1 Authorisation

The Customer authorises ASLmods to road test the Vehicle where reasonably necessary to:

• diagnose faults;
• verify repairs;
• assess noise or vibration;
• perform calibration;
• perform bedding-in procedures;
• test performance;
• check temperatures or pressures;
• confirm correct operation; or
• otherwise verify Workshop Services.

12.2 Test Conditions

Road testing may involve operating the Vehicle at loads, engine speeds and operating conditions reasonably necessary for the relevant diagnosis or test.

ASLmods will comply with applicable road laws.

12.3 Unsafe Vehicles

ASLmods may refuse to road test a Vehicle which it reasonably considers unsafe.

13. Performance Testing, Tuning and Dyno Testing

Where ASLmods performs performance testing, tuning or dyno testing, the Customer acknowledges that such testing may place significant load on:

• the engine;
• transmission;
• driveline;
• cooling system;
• fuel system; and
• other Vehicle components.

Testing may expose a pre-existing weakness, wear, incorrect previous assembly or deterioration that was not previously apparent.

ASLmods is not responsible merely because a component fails during authorised testing where the failure was not caused by ASLmods' failure to exercise due care and skill.

Nothing in this clause limits liability that cannot lawfully be excluded.

14. Safety and Refusal of Work

ASLmods may refuse to commence or continue Workshop Services where it reasonably considers that:

(a) the Vehicle is unsafe;

(b) the requested work would expose employees, contractors or others to an unreasonable safety risk;

(c) the requested modification is unlawful;

(d) performing the requested work would be contrary to applicable requirements; or

(e) continuing work without further repairs would reasonably risk damage to the Vehicle.

15. Engineering, Registration and Road Legality

Unless expressly included in a Quote, ASLmods does not provide or guarantee:

• vehicle engineering approval;
• roadworthiness certification;
• modification permits;
• registration approval; or
• approval by any government or transport authority.

The Customer is responsible for confirming any legal, registration, inspection or engineering requirements applicable to the Vehicle and its modifications.

Where ASLmods expressly agrees to arrange engineering, inspection or certification, reasonable third-party charges may be charged to the Customer.

16. Subcontractors and Third-Party Services

The Customer authorises ASLmods to engage appropriately qualified subcontractors or third-party service providers where reasonably necessary for the Workshop Services.

These may include:

• machinists;
• electricians;
• fabricators;
• tuners;
• engineers;
• air-conditioning specialists;
• wheel-alignment providers;
• specialist testing facilities; and
• other specialist service providers.

Reasonable third-party charges associated with authorised Workshop Services may be charged to the Customer.

17. Personal Property

Customers should remove cash, valuables and unnecessary personal property from the Vehicle before delivering it to ASLmods.

To the extent permitted by law, ASLmods is not responsible for loss of or damage to personal property left in a Vehicle unless caused by ASLmods' negligence or failure to exercise due care.

18. Dash Cameras and Recording Equipment

ASLmods may disconnect, disable, cover or otherwise prevent recording by:

• dash cameras;
• cabin cameras;
• audio recording equipment;
• GPS or telematics equipment with recording capability; or
• other recording devices

while the Vehicle is being worked on, moved, diagnosed or tested where reasonably necessary for privacy, confidentiality, safety or workshop operations.

Further information is contained in the ASLmods Workshop Privacy & Vehicle Recording Policy.

19. Vehicle Photography and Records

ASLmods may photograph or record a Vehicle for purposes including:

• documenting Vehicle condition;
• recording work performed;
• diagnosis;
• technical records;
• warranty assessment;
• training;
• insurance; and
• dispute resolution.

Marketing and social-media use of Vehicle photographs or recordings is governed by the ASLmods Workshop Privacy & Vehicle Recording Policy.

Customers may opt out of promotional use in accordance with that Policy.

20. Removed Parts

Unless the Customer requests otherwise before work commences, parts removed from the Vehicle may be disposed of by ASLmods after the Workshop Services are completed.

If the Customer requests that removed parts be retained, those parts must be collected when the Vehicle is collected unless otherwise agreed.

ASLmods may dispose of:

• used fluids;
• filters;
• contaminated materials;
• hazardous materials; and
• items which cannot reasonably or legally be retained.

21. Deposits and Engine Conversion Bookings

ASLmods may require a deposit before:

• confirming a Workshop booking;
• ordering parts;
• allocating workshop time;
• commencing fabrication; or
• commencing Workshop Services.

Drive-in/drive-out engine conversions require a $1,000 non-refundable booking deposit to secure the Customer's position in the ASLmods engine-conversion queue.

The treatment of deposits, cancellations, rescheduling and refunds is governed by the ASLmods Workshop Cancellation, Deposits & Refunds Policy.

Nothing in this section excludes statutory refund or cancellation rights that cannot lawfully be excluded.

22. Progress Payments

For long-term projects, engine conversions, fabrication work or other substantial Workshop Services, ASLmods may issue progress invoices throughout the project.

Progress invoices must be paid in accordance with the payment terms stated on the invoice, Quote or Work Order.

If a progress payment is not received when due, ASLmods may, subject to applicable law:

(a) suspend Workshop Services;

(b) postpone further work;

(c) postpone ordering additional components;

(d) move the Vehicle out of an active workshop position where reasonably necessary; and

(e) revise the anticipated completion timeframe.

Work may remain suspended until overdue amounts are paid.

Where appropriate and following reasonable notice, storage charges may apply in accordance with these Terms and the Workshop Cancellation, Deposits & Refunds Policy.

23. Final Payment, Retention of Vehicle and Ownership of Goods

23.1 Payment Before Release

Unless ASLmods agrees otherwise in writing, all amounts lawfully owing in connection with the Vehicle and Workshop Services must be paid in full in cleared funds before the Vehicle is released.

This includes amounts owing for:

• labour;
• parts and components;
• materials and consumables;
• fabrication;
• diagnosis;
• machining;
• subcontractor services;
• freight;
• storage; and
• other authorised charges.

23.2 Retention of Vehicle

To the extent permitted by law, ASLmods may retain possession of the Vehicle and other Customer property in ASLmods' possession while amounts lawfully owing for Workshop Services performed on, or Goods supplied in connection with, that Vehicle remain unpaid.

ASLmods may exercise any repairer's lien, possessory lien or other right of retention available under applicable law.

Payment of part of an invoice does not require ASLmods to release the Vehicle while other amounts lawfully owing remain unpaid.

23.3 Retention of Title to Goods

To the extent permitted by law, legal title to Goods, parts and components supplied by ASLmods does not pass to the Customer until ASLmods has received full payment in cleared funds for those Goods.

Until title passes, the Customer holds those Goods subject to ASLmods' rights under these Terms and applicable law.

23.4 Goods Installed in the Vehicle

Where Goods supplied by ASLmods are installed, attached or incorporated into the Vehicle before they have been paid for in full, ASLmods retains any security interest or other rights in those Goods available under applicable law, including rights that may arise under the Personal Property Securities Act 2009 (Cth).

Installation of Goods into the Vehicle does not, by itself, waive ASLmods' rights in respect of unpaid Goods to the extent those rights may lawfully continue after installation.

23.5 Recovery of Unpaid Goods

Where the Customer defaults in payment, ASLmods may exercise any lawful right available to recover Goods in which ASLmods retains title or a security interest.

Any removal or recovery of Goods installed in a Vehicle will only be undertaken where permitted by law and in accordance with applicable requirements.

The Customer remains liable for unpaid labour, services and other amounts notwithstanding recovery of any Goods, subject to applicable law.

23.6 PPSA

Where these Terms create a security interest for the purposes of the Personal Property Securities Act 2009 (Cth), ASLmods may take reasonable steps to protect or perfect that security interest, including registration on the Personal Property Securities Register where appropriate.

The Customer must provide information reasonably required by ASLmods for that purpose.

24. Vehicle Collection and Storage

24.1 Collection

The Customer must collect the Vehicle within 7 days after ASLmods notifies the Customer that the Vehicle is ready for collection, unless another arrangement has been agreed.

24.2 Storage Charges

If the Vehicle is not collected within the applicable collection period, ASLmods may charge a reasonable daily storage fee after giving the Customer notice of the applicable fee.

Storage fees may also apply where the Vehicle remains at ASLmods because the project cannot reasonably continue due to:

• Customer non-payment;
• Customer-requested suspension;
• failure to provide instructions;
• failure to provide required parts; or
• another Customer-caused delay,

provided reasonable notice of the storage charge is given.

24.3 Uncollected Vehicles

Vehicles and other property remaining uncollected for an extended period may be dealt with in accordance with applicable Western Australian law relating to uncollected goods.

ASLmods will provide any notice required by law before selling, disposing of or otherwise dealing with uncollected property.

25. Customer-Requested Project Suspension

If the Customer asks ASLmods to suspend a project after it has commenced, ASLmods may agree to do so at its discretion.

The Customer remains responsible for:

• work already performed;
• parts already ordered;
• supplier commitments;
• subcontractor charges;
• fabrication already commenced;
• reasonable storage charges; and
• other costs already incurred.

ASLmods does not guarantee that the original workshop position or completion timeframe can be retained after a Customer-requested suspension.

When the Customer wishes to resume the project, ASLmods may schedule the remaining Workshop Services according to then-current workshop availability.

26. Customer Delays

Where Workshop Services are delayed because the Customer:

• fails to provide instructions;
• fails to approve or decline additional work;
• fails to provide required parts;
• fails to make a payment;
• requests that work be postponed;
• fails to provide required information; or
• otherwise prevents ASLmods from reasonably progressing the project,

ASLmods may adjust the project schedule accordingly.

The Vehicle may lose its active workshop position where the delay prevents ASLmods from continuing work.

ASLmods will recommence work as reasonably practicable having regard to workshop capacity and existing bookings.

27. Unsafe Vehicles and Declined Repairs

Where ASLmods reasonably considers a Vehicle unsafe to operate and the Customer declines recommended repairs, ASLmods may require the Vehicle to be removed by:

• tow truck;
• trailer; or
• other appropriate transport.

Where the Customer elects to operate the Vehicle contrary to ASLmods' written safety recommendation, the Customer accepts responsibility for that decision to the extent permitted by law.

28. Cancellation After Dismantling

Where Workshop Services are cancelled after dismantling has commenced:

(a) the Customer must pay for work already performed;

(b) ASLmods may complete work reasonably necessary to leave the Vehicle or components in a condition suitable for storage or transport;

(c) reasonable labour and materials required for that purpose may be charged;

(d) the Vehicle may be released in a dismantled or partially dismantled condition where safe and reasonably practicable; and

(e) if the Customer requires reassembly, the Customer is responsible for the reasonable cost of reassembly unless ASLmods is legally responsible for the cancellation.

ASLmods is not required to restore a cancelled project to its pre-workshop configuration without additional payment merely because the Customer elects not to proceed.

Detailed cancellation arrangements are governed by the ASLmods Workshop Cancellation, Deposits & Refunds Policy.

29. Breakdown or Failure After Workshop Services

A breakdown or component failure occurring after Workshop Services does not of itself establish that the Workshop Services were defective.

Where a Customer believes a fault is related to ASLmods' work, the matter will be assessed under:

• the ASLmods Workshop Warranty Policy; and
• applicable Australian Consumer Law rights.

ASLmods should be given a reasonable opportunity to inspect the Vehicle and alleged fault before third-party repairs are undertaken where reasonably practicable.

30. Third-Party Repairs

Where reasonably practicable, a Customer claiming that ASLmods' work is defective should contact ASLmods before authorising another workshop to dismantle, repair or replace the relevant components.

ASLmods will not ordinarily reimburse unauthorised third-party:

• diagnosis;
• labour;
• repairs;
• parts;
• towing; or
• transport

where ASLmods was not first notified and given a reasonable opportunity to assess the alleged issue.

This clause does not limit any right the Customer may have under the Australian Consumer Law, including where obtaining prior approval was not reasonably practicable.

31. Workmanship and Consumer Guarantees

ASLmods will provide Workshop Services with due care and skill and in accordance with applicable consumer guarantees.

Where Workshop Services fail to comply with an applicable consumer guarantee, the Customer's remedies are determined in accordance with the Australian Consumer Law.

Any voluntary warranty offered by ASLmods operates in addition to those statutory rights and is governed by the ASLmods Workshop Warranty Policy.

32. Customer Misuse, Modification and Subsequent Work

To the extent permitted by law, ASLmods is not responsible for a fault or damage caused by:

• misuse or abuse of the Vehicle;
• racing or competition use;
• overloading;
• operation outside safe limits;
• failure to maintain the Vehicle;
• continued operation after warning signs or a known fault;
• subsequent modification;
• subsequent tuning;
• third-party workmanship;
• alteration of ASLmods' work;
• incompatible third-party components; or
• failure of an unrelated or pre-existing component.

Nothing in this clause removes a Customer's rights where ASLmods' Workshop Services themselves failed to comply with an applicable consumer guarantee.

33. Liability and Consequential Loss

Nothing in these Terms excludes or restricts liability that cannot lawfully be excluded.

To the extent permitted by law, ASLmods is not liable for loss or damage caused by matters for which ASLmods is not legally responsible, including:

• pre-existing Vehicle defects;
• Customer-supplied parts;
• third-party modifications;
• Customer misuse;
• incorrect or incomplete information provided by the Customer;
• unrelated mechanical failure; or
• third-party workmanship.

Nothing in these Terms excludes liability for reasonably foreseeable loss or damage recoverable under the Australian Consumer Law.

34. Indemnity

To the extent permitted by law, the Customer indemnifies ASLmods and its Representatives against loss, damage, liability or expense reasonably arising from:

• materially incorrect or misleading information supplied by the Customer;
• unlawful instructions or use of the Vehicle;
• misuse or abuse of the Vehicle;
• Customer-supplied parts;
• unauthorised modifications;
• the Customer's material breach of these Terms; or
• conduct of the Customer or their representatives,

except to the extent the relevant loss was caused or contributed to by ASLmods' own breach, negligence or other conduct for which ASLmods is legally responsible.

35. Force Majeure

ASLmods is not responsible for delay or failure caused by circumstances outside its reasonable control, including:

• natural disasters;
• fire;
• flood;
• severe weather;
• pandemic;
• industrial action;
• transport disruption;
• supplier failure;
• manufacturing shortages;
• freight disruption;
• government action;
• power or telecommunications failure; or
• other events beyond ASLmods' reasonable control.

Nothing in this section excludes rights which cannot lawfully be excluded.

36. Privacy

Personal information and Vehicle information collected in connection with Workshop Services will be handled in accordance with the ASLmods Workshop Privacy & Vehicle Recording Policy.

This may include:

• Customer details;
• Vehicle identification information;
• registration details;
• VIN;
• photographs;
• diagnostic information;
• ECU or tuning data;
• workshop records; and
• warranty records.

37. Intellectual Property

Unless otherwise agreed in writing, all intellectual property owned or created by ASLmods remains the property of ASLmods.

This may include:

• product designs;
• fabricated component designs;
• drawings;
• CAD files;
• wiring information;
• technical documentation;
• methods;
• calibration information;
• photographs;
• videos;
• software;
• tuning information; and
• other proprietary material.

Payment for Workshop Services does not transfer ownership of ASLmods' underlying intellectual property unless expressly agreed in writing.

38. Dispute Resolution

If a dispute arises relating to Workshop Services, the parties should first attempt to resolve the dispute directly and in good faith.

The Customer should:

• provide reasonable details of the issue;
• provide relevant supporting information; and
• where relevant, allow ASLmods a reasonable opportunity to inspect the Vehicle.

Nothing in this clause prevents either party from exercising rights available under applicable law.

39. Communications and Electronic Acceptance

39.1 Communications

Workshop communications and authorisations may occur by:

• email;
• telephone;
• SMS;
• electronic messaging;
• Quote acceptance;
• electronic Work Order;
• electronic invoice; or
• another communication method accepted by ASLmods.

39.2 Electronic Acceptance

Acceptance of:

• a Quote;
• Work Order;
• these Terms;
• payment of a deposit; or
• an electronic instruction to proceed

may constitute binding acceptance without requiring a handwritten signature.

Electronic communications and business records may be relied upon as evidence of Customer authorisation to the extent permitted by law.

40. Inconsistency Between Documents

Where there is an inconsistency between documents applying to Workshop Services, the following order of precedence applies unless applicable law requires otherwise:

1. any specific written terms expressly agreed by ASLmods for that particular project;
2. the applicable Quote or Work Order;
3. these Workshop Terms & Conditions;
4. the ASLmods Workshop Warranty Policy;
5. the ASLmods Workshop Cancellation, Deposits & Refunds Policy; and
6. other general workshop material.

The Workshop Privacy & Vehicle Recording Policy applies specifically to privacy and information-handling matters.

Nothing in this clause permits any document to override a non-excludable statutory right.

41. Entire Agreement

These Workshop Terms & Conditions, together with the documents expressly incorporated into them, constitute the contractual terms applying to the Workshop Services, subject to applicable law.

42. Severability

If any provision of these Workshop Terms & Conditions is invalid or unenforceable, the provision will be read down to the extent reasonably possible.

If it cannot be read down, it will be severed without affecting the remaining provisions.

43. No Waiver

Failure by ASLmods to immediately enforce a contractual right does not automatically waive that right.

A waiver is effective only to the extent expressly given.

44. Assignment

The Customer may not assign their contractual rights or obligations relating to Workshop Services without ASLmods' prior written consent where that consent is reasonably required.

ASLmods may assign or transfer its rights or obligations as part of a genuine business restructure, sale or transfer, subject to applicable law and provided this does not unlawfully reduce the Customer's rights.

45. Governing Law

These Workshop Terms & Conditions are governed by the laws of Western Australia, Australia.

The parties submit to the jurisdiction of courts and tribunals having jurisdiction in Western Australia, subject to any statutory rights which apply.

46. Changes to These Terms

ASLmods may amend these Workshop Terms & Conditions from time to time.

Unless otherwise agreed or required by law, amendments will apply to Workshop Services contracted after the amended Terms take effect and will not retrospectively alter an existing Workshop contract.

47. Definitions

ASLmods means ASLmods (WA), ABN 26 693 324 275.

Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Customer means the individual or entity requesting or authorising Workshop Services.

Estimate means an approximate expected price for Workshop Services and is not a fixed quotation unless expressly stated otherwise.

Goods means parts, components, materials, accessories or other goods supplied by ASLmods as part of Workshop Services.

Quote means a written quotation issued by ASLmods specifying Workshop Services, Goods and/or charges.

Vehicle includes a motor vehicle, engine, drivetrain, assembly, machinery, component or other property delivered to ASLmods for Workshop Services.

Workshop Services means any inspection, diagnosis, repair, modification, conversion, fabrication, installation, testing, tuning or other service supplied by ASLmods relating to a Vehicle.

48. Contact Details

ASLmods
ABN: 26 693 324 275
Address: 20 Thurso Rd, Myaree WA 6154
Phone: 0477 313 106
Email: admin@aslmods.com