Workshop Warranty Policy

ASLmods – Workshop Warranty Policy

Australian Consumer Law Notice

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

This Workshop Warranty Policy is provided in addition to, and does not limit, any rights or remedies available under the Australian Consumer Law.

1. Application of this Warranty

1.1 Workshop Services

This Workshop Warranty Policy applies to goods supplied and workshop services performed by ASLmods in connection with a Customer's Vehicle, including:

• engine conversions;
• mechanical repairs;
• fabrication;
• installation and fitment;
• electrical work;
• modifications;
• diagnostic work;
• commissioning;
• tuning;
• testing; and
• other workshop services performed by ASLmods.

1.2 Separate from Online Product Warranty

This policy applies only to goods supplied as part of Workshop Services and work physically performed or arranged by ASLmods.

Goods purchased separately through the ASLmods online store and not installed by ASLmods are covered by the ASLmods Online Warranty Policy.

2. ASLmods Workmanship Warranty

2.1 Warranty

Subject to this Policy, ASLmods warrants that Workshop Services performed by ASLmods will be free from defects in workmanship for a period of:

ASLmods warrants that Workshop Services performed by ASLmods will be free from defects in workmanship for a period of 12 months or 20,000 kilometres from completion of the Workshop Services, whichever occurs first.

This voluntary warranty is provided in addition to, and does not limit, any rights or remedies available under the Australian Consumer Law.

2.2 What the Workmanship Warranty Covers

The workmanship warranty applies where a fault is directly caused by defective workmanship performed by ASLmods.

Examples may include defects arising from:

• incorrect assembly by ASLmods;
• incorrect installation by ASLmods;
• defective fabrication performed by ASLmods;
• incorrect fastening or securing of components;
• incorrect electrical work performed by ASLmods; or
• another failure in the actual Workshop Services performed by ASLmods.

Coverage depends on the circumstances of each claim and the cause of the failure.

3. Goods and Parts Supplied by ASLmods

3.1 ASLmods-Manufactured Parts

Parts manufactured by ASLmods and installed as part of Workshop Services are covered by the applicable ASLmods warranty for those Goods together with any rights available under the ACL.

3.2 Third-Party Manufactured Parts

Where ASLmods supplies and installs a component manufactured by another manufacturer, any manufacturer's warranty applicable to that component may also apply.

ASLmods may liaise with the manufacturer or supplier and may require the component to be removed, inspected or returned for assessment.

The existence or terms of a manufacturer's warranty do not remove any rights the Customer may have against ASLmods under the Australian Consumer Law.

3.3 Different Manufacturer Warranty Periods

Where a manufacturer provides a warranty period longer than ASLmods' voluntary Workshop Warranty Period, the manufacturer's warranty may continue for the longer period subject to its conditions.

4. Customer-Supplied Parts

4.1 No Product Warranty by ASLmods

ASLmods does not provide a product warranty for a part, component or other item supplied by the Customer.

The manufacturer or seller from whom the Customer purchased the part may separately provide warranty rights.

4.2 ASLmods Workmanship Still Covered

Where ASLmods agrees to install a Customer-supplied component, ASLmods' workmanship warranty applies to the installation work performed by ASLmods.

It does not cover:

• an inherent defect in the Customer-supplied component;
• incorrect specifications supplied by the Customer;
• incompatibility of the Customer-supplied component;
• premature failure of that component;
• missing or defective associated components; or
• damage arising from the inherent condition of the Customer-supplied component,

unless ASLmods is legally responsible for the relevant loss or damage.

4.3 Removal and Refitting

Where investigation establishes that a Customer-supplied component is defective rather than ASLmods' workmanship, labour associated with diagnosis, removal, replacement or refitting may be charged to the Customer.

5. Pre-Existing Vehicle Components

5.1 Existing Components Are Not Automatically Warranted

ASLmods' Workshop Warranty does not provide a warranty over existing vehicle components merely because those components interact with, are connected to, or remain in the Vehicle following Workshop Services.

For example, an engine conversion does not automatically create an ASLmods warranty over the Vehicle's existing:

• gearbox;
• torque converter or clutch;
• transfer case;
• driveshafts;
• differentials;
• axles;
• CV joints;
• cooling system;
• fuel system;
• electrical system;
• suspension;
• steering;
• brakes; or
• chassis components.

5.2 Existing Wear and Deterioration

ASLmods is not responsible for failure caused by pre-existing:

• wear;
• fatigue;
• corrosion;
• deterioration;
• previous damage;
• previous poor workmanship;
• incorrect modification; or
• component weakness,

unless the failure was caused or contributed to by ASLmods' failure to exercise due care and skill.

6. Modified Vehicles and Engine Conversions

The Customer acknowledges that modified vehicles and engine conversions can change the load, torque, heat, vibration and operating characteristics imposed on other vehicle systems.

A failure of another component after a conversion or modification does not automatically mean that the ASLmods workmanship or supplied Goods are defective.

Where a component fails following a conversion, ASLmods may assess matters including:

• the age and condition of the component;
• vehicle kilometres;
• maintenance history;
• previous modifications;
• previous workmanship;
• operating conditions;
• vehicle use;
• increased power or torque;
• compatibility;
• installation; and
• the actual cause of failure.

Warranty coverage will be determined based on the cause of the failure rather than simply when the failure occurred.

7. What the ASLmods Voluntary Workshop Warranty Does Not Cover

Subject always to the Customer's non-excludable rights under the ACL, the ASLmods voluntary Workshop Warranty does not cover a fault or damage caused by:

(a) normal wear and tear;

(b) failure to properly maintain or service the Vehicle;

(c) misuse, abuse or neglect;

(d) continued operation after a warning light, overheating condition, abnormal noise, loss of oil pressure or other obvious warning of a fault;

(e) racing, motorsport or competition use unless expressly agreed by ASLmods;

(f) excessive vehicle loading or towing outside applicable vehicle or component limits;

(g) water ingestion;

(h) contaminated or incorrect fuel;

(i) incorrect lubricants or fluids;

(j) overheating not caused by ASLmods' workmanship;

(k) accident, collision, impact or off-road damage;

(l) environmental damage;

(m) corrosion;

(n) modification or alteration after completion of ASLmods' work;

(o) third-party tuning or ECU modification;

(p) repairs or modifications subsequently performed by another workshop;

(q) failure of a Customer-supplied component;

(r) failure of an unrelated or pre-existing component;

(s) incorrect information supplied by the Customer;

(t) use of the Vehicle outside the purpose or operating conditions disclosed to ASLmods; or

(u) circumstances otherwise unrelated to the Goods or Workshop Services supplied by ASLmods.

This exclusion applies only to the extent the relevant circumstance caused or contributed to the claimed failure.

That last sentence is important. It stops ASLmods from trying to void an entire warranty simply because, for example, another workshop touched an unrelated part of the vehicle.

8. Maintenance Requirements

8.1 Customer Responsibility

The Customer is responsible for maintaining the Vehicle in accordance with:

• ASLmods' written instructions;
• applicable manufacturer servicing requirements;
• any servicing requirements specified on the invoice or Work Order; and
• reasonable maintenance requirements applicable to a modified Vehicle.

8.2 Maintenance Records

Where maintenance may be relevant to the cause of a failure, ASLmods may request reasonable evidence of maintenance or servicing.

8.3 Failure to Maintain

Failure to perform required maintenance may affect ASLmods' voluntary warranty coverage where the failure to maintain the Vehicle caused or contributed to the claimed defect.

Failure to comply with a voluntary warranty maintenance condition does not remove any separate rights the Customer may have under the ACL. The ACCC expressly distinguishes voluntary warranty conditions from automatic consumer guarantee rights.

9. Engine Conversion Initial Inspection / Recheck

For all drive-in/drive-out engine conversions, the Customer is required to return the Vehicle to ASLmods for a post-completion inspection at approximately 1,000 kilometres after completion of the conversion, or within any other timeframe or distance reasonably specified by ASLmods in writing.

The Customer is responsible for arranging the inspection with ASLmods.

The inspection may include:

• fluid levels;
• hoses and fittings;
• fasteners;
• leaks;
• wiring and electrical connections;
• engine and transmission mounts;
• driveline components;
• fault codes;
• operating temperatures;
• general commissioning checks; and
• any other matter reasonably associated with the conversion.

The purpose of the inspection is to identify any adjustments, settling, leaks, loosening or other issues that may become apparent during the initial operation of the Vehicle following the conversion.

Failure to attend the required inspection does not remove or limit any rights the Customer may have under the Australian Consumer Law. However, ASLmods may decline or reduce coverage under its voluntary Workshop Warranty where the Customer's failure to attend the inspection caused or materially contributed to the claimed failure or resulting damage.

10. Tuning and Performance Applications

Where a Vehicle has been tuned or modified for increased performance, the Customer acknowledges that additional power, torque, boost, temperature or load may reduce the life of existing components.

ASLmods does not warrant that an existing component will withstand increased performance demands unless ASLmods expressly warrants that component for that purpose.

If ASLmods performs tuning, ASLmods' workmanship obligations apply to the tuning service itself.

ASLmods is not responsible for failure of a component merely because the failure occurs during or after tuning where the failure was caused by a pre-existing weakness, wear, incompatibility or another matter for which ASLmods is not responsible.

11. Diagnosis of Warranty Claims

ASLmods may inspect, dismantle, test or diagnose the Vehicle or relevant component to determine the cause of a claimed failure.

Where the investigation confirms a defect covered by this Workshop Warranty, reasonable diagnostic costs directly associated with establishing that defect will not be charged to the Customer.

Where the investigation establishes that the issue is not covered by this Workshop Warranty or an applicable consumer guarantee, ASLmods may charge the Customer reasonable diagnostic and dismantling costs, provided the Customer was informed that such charges could apply.

12. Remedy Under the ASLmods Voluntary Warranty

Where ASLmods determines that a defect is covered by its voluntary Workshop Warranty, ASLmods may, subject to the ACL:

(a) repair the defective workmanship;

(b) perform the relevant Workshop Service again;

(c) repair or replace the defective part;

(d) arrange repair or replacement through the relevant manufacturer; or

(e) provide another appropriate remedy.

Where the ACL gives the Customer a right to choose a particular remedy, ASLmods' voluntary warranty does not restrict that right.

13. Major Failures

Nothing in this Policy limits a Customer's rights in relation to a major failure under the Australian Consumer Law.

For Workshop Services, consumer guarantees include that services must be supplied with due care and skill, be fit for a disclosed purpose where applicable and, where no timeframe has been agreed, be supplied within a reasonable time.

14. Warranty Claims

To lodge a Workshop Warranty claim, the Customer must contact:

ASLmods
Email: admin@aslmods.com
Address: 20 Thurso Road, Myaree WA 6154

Phone: [INSERT ASLMODS PHONE NUMBER]

The Customer should provide:

• their name and contact details;
• invoice or Work Order number;
• Vehicle registration and/or VIN;
• current Vehicle kilometres;
• details of the alleged fault;
• when the fault first occurred;
• photographs or videos where available;
• relevant maintenance records where applicable; and
• any other information reasonably requested by ASLmods to investigate the claim.

We need your workshop phone number before this policy is final.

The ACCC says a warranty against defects must contain the business's name, address, email and phone number, so I would not publish the final warranty without inserting it.

15. ASLmods' Opportunity to Inspect

The Customer should give ASLmods a reasonable opportunity to inspect and diagnose an alleged warranty issue.

Where reasonably practicable, the Customer should not have another person dismantle or repair the relevant component before ASLmods has had that opportunity.

This assists ASLmods in determining:

• the cause of the failure;
• whether the issue relates to ASLmods' workmanship;
• whether a supplied component has failed;
• whether the failure relates to another component; and
• the appropriate remedy.

16. Third-Party Repairs

ASLmods will not ordinarily reimburse the cost of third-party:

• diagnosis;
• labour;
• parts;
• repair;
• towing; or
• other rectification

undertaken without ASLmods first being notified and given a reasonable opportunity to inspect and remedy the alleged defect.

However, this does not limit a Customer's rights under the ACL, including where it was unreasonable or impracticable for the Customer to first return the Vehicle to ASLmods.

This is much safer than your mate's wording saying third-party repairs may simply "void" the claim.

17. Vehicle Breakdowns Away From ASLmods

Where a Customer experiences a suspected warranty issue away from ASLmods:

1. the Customer should stop operating the Vehicle where continued operation may cause further damage;
2. the Customer should contact ASLmods as soon as reasonably practicable;
3. ASLmods may request photographs, diagnostic information or inspection by another suitably qualified workshop;
4. the Customer should obtain ASLmods' approval before authorising substantial repairs where reasonably practicable.

If emergency work is necessary to prevent further damage or because returning the Vehicle to ASLmods is not reasonably practicable, the Customer should retain:

• invoices;
• photographs;
• diagnostic reports;
• failed components where practicable; and
• details of the repair performed.

This section is worth having given that your customers can be interstate or travel significant distances after a conversion.

18. Towing, Transport and Warranty Expenses

Where a claim is accepted under ASLmods' voluntary Workshop Warranty, ASLmods will bear reasonable costs expressly stated to be covered by this Warranty.

Whether towing, vehicle transport, accommodation, travel or other incidental costs are recoverable will depend on the circumstances and any applicable rights under the Australian Consumer Law.

Customers should contact ASLmods before incurring significant warranty-related expenses where reasonably practicable.

Nothing in this Policy excludes a Customer's entitlement to compensation for reasonably foreseeable loss or damage where such entitlement exists under the Australian Consumer Law.

I deliberately would not say "ASLmods never pays towing".

That could put you in trouble where ASLmods caused the failure and towing was a reasonably foreseeable consequence.

19. Further Damage After a Fault Arises

Where a fault becomes apparent, the Customer must take reasonable steps to prevent further damage.

The Customer should cease operating the Vehicle where continued operation could reasonably cause additional damage.

ASLmods may decline voluntary warranty coverage for additional damage caused by the Customer continuing to operate a Vehicle after becoming aware, or when they reasonably ought to have become aware, of a serious fault.

This does not affect liability ASLmods otherwise has for the original defect.

20. Warranty Assessment Timeframe

ASLmods will endeavour to assess a properly lodged Workshop Warranty claim and provide an initial response within 14 business days.

Complex claims involving:

• engine dismantling;
• specialist testing;
• third-party manufacturers;
• laboratory analysis;
• interstate transport; or
• engineering assessment

may reasonably require additional time.

ASLmods will keep the Customer reasonably informed of material delays.

21. Ownership of Replaced Parts

Where ASLmods replaces a part or component under this voluntary Workshop Warranty and provides the replacement without charge, the replaced component becomes the property of ASLmods unless otherwise required by law.

This allows ASLmods to return the component to a manufacturer or supplier for assessment or warranty credit.

22. Warranty Is Not Transferable

The ASLmods voluntary Workshop Warranty is provided only to the Customer who contracted with ASLmods for the relevant Workshop Services.

The voluntary Workshop Warranty is not transferable to a subsequent owner if the Vehicle is sold, gifted or otherwise transferred.

This clause applies only to ASLmods' additional voluntary warranty and does not exclude or restrict any rights that a subsequent owner may independently have under the Australian Consumer Law or other applicable law.

23. No Automatic Warranty for Entire Vehicle

ASLmods' performance of Workshop Services on a Vehicle does not constitute a warranty of:

• the Vehicle as a whole;
• systems ASLmods did not work on;
• existing components;
• previous workmanship;
• Customer-supplied components; or
• future mechanical reliability unrelated to the Workshop Services.

Warranty liability is assessed by reference to the Goods or Services supplied by ASLmods and the cause of the alleged failure.

24. Relationship With Workshop Terms & Conditions

This Workshop Warranty Policy forms part of the ASLmods Workshop contractual documents and should be read together with:

ASLmods Workshop Terms & Conditions

and any applicable:

Quote, Work Order or Work Authorisation.

If there is an inconsistency, any rights which cannot lawfully be excluded under the Australian Consumer Law continue to apply.

25. Changes to this Policy

ASLmods may amend this Workshop Warranty Policy from time to time.

The version applicable to a particular Workshop Service will be the version in effect when the Customer entered into the relevant Workshop contract, unless the Customer and ASLmods agree otherwise or applicable law requires otherwise.