LAST UPDATED: 2nd March 2026
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Border Tuning Services Pty Ltd (ACN 660 528 147). We and you are each a Party to these Terms, and together, the Parties.
These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use or purchase our Goods or Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: info@bordertuning.com.au
Our Disclosures
Please read these Terms carefully before you accept. We draw your attention to:
- our privacy policy (on our website) which sets out how we will handle your personal information; and
- clause 13 (Liability) which sets out exclusions and limitations to our liability under these Terms.
These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.
1. Acceptance
1.1 You accept these Terms by the earlier of:
(a) confirming that you accept these Terms via the website or platforms through which we provide these Terms to you, including our website; and
(b) making part or full payment of the price through our website or at our premises; or
(c) accepting a quote we have provided to you.
2. Engagement and Term
2.1 These Terms apply from the Commencement Date until the date that is the earlier of:
(a) the date the Goods or Services are completed (as reasonably determined by us); or
(b) the date on which these Terms are terminated.
2.2 If these Terms express a time within which the Goods or Services are to be supplied, we will use reasonable endeavours to provide the Goods or Services by such time, but you agree that such time is an estimate only.
2.3 All variations to the Goods or Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Goods or Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.
3. Goods and Services
3.1. In consideration of your payment of the Price:
(a) we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel; and
(b) supply the Goods in accordance with these Terms.
Types of Goods or Services
3.2. Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services (including the Goods and Services) are provided to you without warranties, representations and guarantees of any kind, except where expressly provided in these Terms.
(a) Dyno Tuning: We provide performance tuning and remapping Goods or Services for engine control modules by placing your vehicle on our chassis dyno equipment at our premises (Dyno Tuning). This service is designed to improve vehicle performance characteristics including speed and fuel efficiency.
(b) Mail Order Tuning, which includes:
(i) Outright: We supply a secondhand ECU, which we program for your specific vehicle and post to you. You retain your original ECU and receive a separately programmed unit;
(ii) Exchange: We supply a programmed secondhand ECU to you, which you install in your vehicle, and you return your original ECU to us;
(iii) Send-In: You remove and send your ECU to us for reprogramming, and we return it to you following completion of the programming modifications. This service is suitable where your vehicle can be off the road during the programming process; or
(iv) Loaner: We supply a loaner ECU to you to install temporarily in your vehicle whilst you send your original ECU to us for programming. Once we return your programmed original ECU, you reinstall it and return the loaner ECU to us.
(d) Programming Device Sale: We supply programming device(s) which you purchase and retain, enabling you to receive software updates and perform tuning modifications yourself via our application without removing your ECU.
Core Deposit
3.3. For Exchange and Loaner services, you must pay a Core Deposit at the time of purchase. The Core Deposit will be refunded to you using the same payment method used for the original purchase once:
(a) for Exchange services: we receive your original ECU in working condition; or
(b) for Loaner services: we receive our loaner ECU back from you.
3.4. We will not refund the Core Deposit to alternative bank details or payment methods.
3.5. If you fail to return the ECU within 14 days of receiving our programmed ECU (for Exchange Goods or Services) or within 14 days of receiving your programmed original ECU back from us (for Loaner service), we may retain the Core Deposit.
4. Tuning Disclaimer
4.1. You acknowledge and agree that:
(a) we provide optional Goods and Services;
(b) performance tuning may alter factory settings and affect your vehicle's emissions output;
(c) modifications are suitable for off-road or competition use only and may affect your vehicle's registration or roadworthiness;
(d) we do not warrant compliance with all road rules, emissions standards, or registration requirements in all jurisdictions; and
(f) we are not liable for fines, penalties, or consequences arising from your use of a modified vehicle where such use does not comply with applicable laws.
5. Orders
5.1. You may order Goods or Services as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.
5.2. You must be at least 18 years old to place orders.
5.4. We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.
5.5. All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our website. Any pre-order products (not currently in stock) will be clearly marked on our website. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.
5.6. We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.
5.7. Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.
5.8. We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our website (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.
5.9. Some ECUs and Programming Devices supplied by us may be secondhand units. Although these units may show signs of previous use, all secondhand units are tested and programmed to work as intended for your specific vehicle. We will provide a detailed description of any secondhand ECU or Programming Device, including any damage or issues.
5.9. We warrant that all secondhand ECUs and Programming Devices function as intended.
6. Your Obligations
6.1. You agree to (and to the extent applicable, ensure that your Personnel agree to):
(a) comply with these Terms, all applicable Laws, and our reasonable requests;
(b) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Goods or Services;
(c) not (or not attempt to) disclose, or provide access to, the Goods or Services to third parties without our prior written consent; and
(d) for Mail Order Tuning Services (Exchange, Send-In and Loaner), package and return any ECU to us in accordance with any instructions we provide to you, within the timeframes specified in these Terms or as otherwise notified to you in writing.
6.2. You acknowledge and agree that:
(a) we rely on the accuracy and completeness of the information you provide about your vehicle's specifications, modifications, service history, and condition;
(b) you are responsible for ensuring your vehicle is in good working condition, recently serviced, and roadworthy before we commence Goods or Services;
(c) Dyno Tuning involves stress testing your vehicle under high-performance conditions, which may reveal pre-existing mechanical faults or weaknesses; and
(d) we are not liable for mechanical failures, damage, or issues arising from pre-existing conditions, inaccurate information you provided, or defects that existed prior to our Goods or Services.
7. Delivery, title and risk
Delivery
7.1. For in-person sales, delivery occurs when you take possession of the Goods at our premises.
7.2. For online sales and Mail Order Tuning services, delivery occurs when we hand the Goods to the carrier for delivery to you.
7.3. We will use reasonable endeavours to deliver the Goods by any date specified, but such dates are estimates only and time for delivery is not of the essence.
7.4. We deliver to areas specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.
7.5. Any delivery timeframes shown on our website are estimates only.
7.6. We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.
Risk
7.7. Risk in the Goods passes to you upon delivery in accordance with clause 7.1 or 7.2 (as applicable).
Title
7.8. Title in the Goods remains with us until you have paid the Price in full.
Return of ECUs
7.9. For Mail Order Tuning services (Exchange, Send-In and Loaner), you must return the relevant ECU to us within 14 days of:
(a) for Exchange services: receiving our programmed ECU;
(b) for Send-In services: not applicable;
(c) for Loaner services: receiving your programmed original ECU back from us.
7.10. You are responsible for all costs and risks associated with returning ECUs to us, unless otherwise agreed in writing.
7.11. Risk in any ECU being returned to us remains with you until we receive and take possession of the ECU at our premises.
8. Price and Payment
8.1. In consideration for us providing the Goods or Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.
8.2. If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):
(a) after a period of 5 Business Days from the relevant due date, cease providing the Goods or Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
(b) charge interest at a rate equal to the Reserve Bank of Australia's cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
8.3. When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. "GST" has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9. Intellectual Property
9.1. As between the Parties:
(a) we own all Intellectual Property Rights in Our Materials;
(b) you own all Intellectual Property Rights in Your Materials; and
(c) nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.
9.2. As between the Parties, ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us and agree to do all other things necessary to assure our title in such rights.
9.3. We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you and the New Materials, solely for your use and enjoyment of the Goods or Services, as contemplated by these Terms.
9.4. You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence to use Your Materials that you provide to us solely for the purpose of performing of our obligations or exercising our rights under these Terms.
9.5. If you (if you are an individual) or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to (and will procure that your Personnel) consent to our use or infringement of those Moral Rights.
9.6. This clause 9 will survive termination or expiry of these Terms.
10. Confidential Information
10.1 Subject to clause 10.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party's business and operations.
10.2. Clause 10.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 10.1.
10.3. This clause 10 will survive the termination of these Terms.
11. Refunds and Returns
11.1. We do not accept returns for change of mind. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law (see below).
11.2. Change of mind returns are not available for Goods or Services where we have already commenced programming or modification work on your ECU. For outright purchases of pre-programmed ECUs where you change your mind before installation, subject to clause 11.3 we agree to refund you for the Goods if the ECU has not already been sent or posted to you by us.
11.3. We may deduct any delivery or return postage fees and 30% of the amount to be refunded to you as an administrative fee to cover the labour costs involved in preparing and programming the ECU for your specific vehicle. You acknowledge and agree that the administration fees are a genuine pre-estimate of our loss.
12. Australian Consumer Law
12.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Goods or Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
12.2 Subject to your Consumer Law Rights, we provide all material, work and Goods or Services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
12.3. This clause 12 will survive the termination or expiry of these Terms.
13. Liability
13.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) (where our Goods or Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Goods or Services again or paying the cost of having the Goods or Services supplied again; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Goods or Services to which the Liability relates.
13.2. This clause 13 will survive the termination or expiry of these Terms.
14. Termination
14.1. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
14.2. Upon expiry or termination of these Terms:
(a) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Goods or Services already performed are not refundable to you;
(e) you are to pay for all Goods or Services provided prior to termination, including Goods or Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
(f) by us pursuant to clause 14.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
(g) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 10.
14.3. Unless otherwise agreed between the Parties, if these Terms are terminated:
(a) by us, then any current Order will also terminate on the date of termination and we will immediately cease providing the Goods or Services; or
(b) by you, then any outstanding Orders will continue in accordance with the terms of the Order (and these Terms) until such time as the Order is complete or the Order is otherwise terminated in accordance with its terms.
14.4. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
14.5. This clause 14 will survive the termination or expiry of these Terms.
15. General
15.1. Amendment: Subject to clause 2.3, these Terms may only be amended by written instrument executed by the Parties.
15.2. Assignment: Subject to clauses 15.3 and 15.9, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
15.3. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
15.4. Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 15.4. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute.
If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre, to be conducted in Sydney, New South Wales, in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation.
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
15.5. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party's obligation to pay any amount that is due and payable to the other Party under these Terms.
15.6. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
15.7. Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
15.8. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
15.9. Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
16. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Quote, and:
Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date that is the earlier of:
(a) the date that you accept the Quote;
(b) the date that you accept these Terms on our website or in person;
(c) the date that you ask us to begin supplying the Services or Goods; or
(d) the date that you make part or full payment of the Price.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the price and any other amounts payable under these Terms will not constitute "Consequential Loss".
Consumer Law Rights has the meaning given in clause 12.1.
Core Deposit means the refundable deposit amount specified on our website or in the Quote at the time of purchase for Exchange and Loaner service.
Deliverables means any materials, goods, items or other deliverables forming part of the Services or Goods, as particularised in the Quote or on our website.
ECU means an engine control unit or engine control module.
Force Majeure Event means any event or circumstance which is beyond a Party's reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Goods means the goods (including any ECUs and programming devices) set out on our website or in the Quote, as adjusted in accordance with these Terms.
Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Goods or Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.
New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the Services, whether before or after the date of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.
Order means an order for the supply of Goods or Services, placed in accordance with clause 5.
Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes New Materials and Your Materials.
Payment Terms means:
(a) the purchases made through our website: payment in full at the time of purchase;
(b) for in-person purchases: payment in full at time of purchase;
(c) for purchases made pursuant to a Quote: the timings for payment of the Price and any other amounts payable under these Terms, as set out in the Quote.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Programming Devices means the devices which enable you to receive software updates and perform tuning modifications yourself via our application without removing your ECU.
Price means:
(a) the price set out on our website at the time of purchase;
(b) the price set out in the Quote; or
(c) where applicable, the Core Deposit, as adjusted in accordance with these Terms.
Quote means any written quotation provided by us to you, whether in hard copy or electronic form.
Services means the Services set out on our website or in the Quote, as adjusted in accordance with these Terms.
Terms means these terms and conditions and any agreed Order issued under it and any documents attached to, or referred to in, each of them.
Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to these Terms) and/or developed by or on behalf of you or your Personnel independently of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and New Materials.