IMPORTANT: THIS AGREEMENT APPLIES TO ALL CUSTOM ENGINE BUILDS UNDERTAKEN BY US AND INCORPORATES BY REFERENCE ALL EXISTING WARRANTY, LIABILITY, MOTORSPORT, AND ROAD LEGALITY STATEMENTS PUBLISHED BY US.
This agreement (“Agreement”) outlines the terms under which Foundation Interstellar Pty Ltd ABN 77 661 971 893, trading as Devil Performance Parts or Devil Engineering and Design (“We, Us, Our, FI, DPP or DEAD”), agrees to undertake custom engine build services for the customer (“You”).
1. Application of Existing Terms
1.1 Incorporation of Existing Terms
All existing FI warranty disclaimers, liability limitations, motorsport exclusions, and road-legality statements apply in full to all engine builds and are expressly incorporated into this Agreement.
1.2 No Additional Warranty Created
Nothing in this Agreement creates, implies, or extends any warranty or liability beyond those already expressly stated by FI.
2. Nature of Custom Engine Builds
2.1 Non-Standard and Experimental Work
Each engine build is custom in nature and may involve development, testing, prototyping, or iterative design changes. As such, no two builds are identical, and outcomes may vary materially based on component selection, tolerances, operating conditions, and customer-directed decisions.
2.2 No Completion Deadlines
Engaging FI to build an engine is not subject to fixed timelines or delivery deadlines. Unforeseen delays may arise due to, but not limited to:
- Component availability or supplier lead times;
- External specialist scheduling (e.g. machining services);
- Design revisions or changes in scope;
- Testing, inspection, or validation requirements.
FI accepts no liability for delays arising from such factors.
3. Pricing and Payment Terms
3.1 Estimates Only
All pricing provided for engine builds is indicative only and constitutes an estimate, not a fixed or capped price.
3.2 Cost Structure
Pricing is calculated as follows:
- Components sourced by FI: Cost + 15%
- External specialist services (e.g. machining, balancing): Cost + 15%
- Engine building and assembly labour: POA
3.3 Parts Sourcing Time
Where significant time is required to research, source, or verify components, FI will notify You. Continuation of such work may result in time-based invoicing at the applicable hourly rate.
3.4 Payment and Purchasing
Components will not be ordered or committed for a build until the relevant invoice has been paid. While full upfront payment is not required, providing a project float to enable smooth progression of the build is strongly encouraged.
3.5 Shipping and Freight
All shipping, freight, import, and logistics costs associated with the build are the responsibility of the customer.
4. Customer Engagement and Decision Making
4.1 Ongoing Consultation Required
Heavily modified engine builds require frequent communication between FI and the customer. FI will make reasonable efforts to explain the technical implications and potential consequences of design and component choices.
4.2 Customer Responsibility for Decisions
Final decisions regarding configuration, component selection, and scope remain the responsibility of the customer. You acknowledge that performance-oriented choices may materially affect reliability, longevity, legality, and serviceability.
5. Acknowledgement
By engaging FI to undertake a custom engine build, You acknowledge that:
- Engine builds are open-ended in scope, duration, and cost;
- Pricing is variable and subject to change as the build progresses;
- No warranties apply to engines, components, or workmanship;
- You accept the risks inherent in custom and high-performance engine work.