1. Definitions in these Terms

"ACL" means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)); "Customer" is defined in the ACL; "Contract" means this and any other agreement for the provision of goods or Services to Us by You; "Goods" means goods supplied by Us to You; "GST" means the Goods and Services Tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (Cth); "PPSA" means the Personal Property Securities Act 2009 (Cth); "Services" means hiring and other services supplied by Us to You; "Terms" means this agreement and these terms and conditions of trade; "Vehicle" means any equipment or vehicle or part of a vehicle; "We", "Us" and "Our" means Cherry Tuning and Performance Pty Limited ABN 73 648 904 302; "You" and "Your" means Cherry Tuning and Performance Pty Limited ABN 648 904 302, including in its capacity trading as Cherry Tuning and Performance; and/or "Us" Supersedes and/or "Us" Australia, as well as the successors and the assigns; and "You" means the person, jointly and severally if more than one, acquiring Goods and/or Services from us.

2. Basis of Agreement

2.1 This Terms apply exclusively to every Agreement.

2.2 Any quotation provided by Us to You for the proposed supply of Goods and/or Services (a) (a) shall be 14 days; (b) is an invitation to treat only; and (c) may result if in writing.

2.3 We have absolute discretion to refuse any offer from You to Us to provide Goods or to perform Services to Us.

2.4 Your must provide us with your specific requirements, if any, in relation to the Goods and Services.

3. Pricing & Payment

3.1 Prices quoted for the supply of Goods and/or Services include GST.

3.2 Full up front payment must be made for all Goods to be provided by Us to You. Full payment for Services is required from You (a) (a) at the time You pick up the vehicle from Us.

3.3 Time for payment is of the essence.

4. Pricing of Property

4.1 Until you make full payment for all Goods and Services and for all other amounts owing to us: (a) title in all Goods remains vested in Us; (b) You must hold the Goods as fiduciary bailee and agent for Us; (c) You must hold the proceeds of any of the Goods on trust for us as a separate account with a bank in Australia in the joint names of You and Us; (d) You must not deal with any of the Goods in any way inconsistent with Our ownership of them; (e) You must pay other any payments and recover the Goods and for this purpose You irrevocably licence Us to enter such premises and take possession by force and against all users, claims, demands or actions by any person; (f) You must such advice and (g) We retain a lien over any vehicle which arrives us to sell any vehicle or that possession, subject to paragraph 14 (any written notice to you, by notice in public sections or any other notice of Our intention to exercise any of Our rights under this paragraph 4.

5. Personal Property Securities Act

5.1 You acknowledge that We have a statutory right to sell or dispose of uncollected goods pursuant to and within the meaning of the ACL and Fair Trading Act 2010 (NSW) (or the equivalent legislation in another state or territory of Australia).

5.2 The PPSA applies to these Terms.

6. Risk

6.1 Risk in the Goods will pass to you at the Goods being delivered to you or taken from our premises.

6.2 You are responsible for and will indemnify us against all loss, damage or injury to persons or to property arising out of the use, installation or possession of the Goods, including but from the vehicle in or any possession, use or presence of Services, unless otherwise liable to Us to under the ACL.

7. Delivery

7.1 Any due delivery of Goods or provision of Services stated by us is an estimate only.

7.2 We will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.

7.3 If we cannot complete the Services by any estimated date, we will complete the services within a reasonable time.

7.4 Unless otherwise agreed, You must collect the Goods and/or any vehicle within 7 days of being advised that they are ready. If You do not We will be liable for storage charges payable on demand.

8. Liability and Disclaimers

8.1 During our Services, none of us (our vehicle's) data, if any may be lost. You must ensure that any data is saved elsewhere prior to any Service.

8.2 You will be liable for any loss or damage if the express warranty provided in relation to the Goods or Services, this agreement does not exclude by implication any other term, condition or warranty in respect of the quality, suitability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services or any contractual remedy for their breach. Should any claim for an error or any other third party be made against Us, You agree to indemnify Us for the full extent of damages or costs incurred.

8.3 If You are not the owner of the vehicle, by entering into this agreement with Us and by accepting these terms of trade, You warrant that you are authorised by the owner of the vehicle to Us to provide the Services to that vehicle by the owner and that the owner will be bound by these Terms. You indemnify Us against any claims from the owner or any third party for any or all of the Services to the vehicle so performed by Us.

9. Variations and Cancellations

9.1 If we are unable to provide the Goods or Services, then we may cancel your order.

9.2 No contractual cancellations if You is binding on Us.

10. Miscellaneous

10.1 This law of New South Wales, Australia governs these Terms.

10.2 Any dispute, controversy or claim arising out of relating to or in connection with these Terms being an agreement between You and Us, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Australian Centre for International Arbitration. The language of the arbitration shall be English. The number of arbitrators shall be one.

By using and/or purchasing from this website, you hereby agree to the Cherry Tuning Pty Ltd agreement above and conditions of trade as set out above.