IMPORTANT: THESE TERMS APPLY TO ALL CUSTOM ENGINE BUILDS, ENGINE ASSEMBLIES, AND ASSOCIATED PARTS AND SERVICES PROVIDED BY US AND FORM PART OF THE AGREEMENT BETWEEN YOU AND US.
These terms and conditions (“Terms”) apply to the engagement of 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”), for the supply, assembly, modification, or integration of custom-built engines, engine assemblies, or associated components and services.
1. Nature of Engagement
1.1 Custom and High-Risk Work
You acknowledge that custom engine builds, modified engines, and performance engine components operate under extreme mechanical, thermal, and operational stress. Such work is inherently complex, non-standard, and subject to variables beyond FI’s control.
1.2 No Representation as an OEM Engine Builder
FI does not hold itself out as an original equipment manufacturer (OEM) engine builder. While best practices, engineering judgement, and industry-accepted procedures will be followed, FI makes no representation or guarantee that any custom engine build will meet OEM durability, reliability, or service-life expectations.
2. No Warranty on Engines, Parts, or Workmanship
2.1 Exclusion of Warranty
To the maximum extent permitted by law, no warranty of any kind—whether express or implied—applies to:
- Custom-built engines;
- Engine assemblies;
- Modified or performance engine components;
- Assembly, machining, measurement, or installation workmanship.
2.2 No Workmanship Warranty
FI expressly provides no warranty for workmanship in relation to custom engine builds. You acknowledge that heavily modified engines present too many potential modes of failure—including but not limited to tuning, operating conditions, ancillary component failure, material fatigue, or user error—for FI to assume liability or warranty responsibility.
2.3 Best Efforts Only
FI will make reasonable and professional efforts to assemble and inspect components correctly and will stand by the integrity of its processes; however, this does not constitute a warranty, guarantee, or assumption of risk.
3. Used, Supplied, or Modified Components
3.1 Customer-Supplied or Used Parts
Where used, reconditioned, customer-supplied, or previously modified components are utilised, these will be inspected to the best of FI’s ability and knowledge at the time of assembly.
3.2 No Guarantees or Liability
FI provides no guarantees, warranties, or liability in respect of:
- Prior history of components;
- Hidden defects;
- Material fatigue;
- Prior misuse, over-stressing, or manufacturing variance.
3.3 Warranty Void Acknowledgement
You acknowledge that the activities intrinsic to custom engine building—including machining, balancing, modification, and non-OEM configuration—would otherwise void any manufacturer warranty on individual components. FI accepts no responsibility for such voided warranties.
4. Limitation of Liability
4.1 Exclusion of Consequential Loss
To the extent permitted by law, FI shall not be liable for:
- Engine failure or damage;
- Vehicle damage;
- Loss of use, income, or opportunity;
- Towing, recovery, or reinstallation costs;
- Any indirect, incidental, or consequential loss.
4.2 Customer Assumption of Risk
By engaging FI for a custom engine build, you expressly accept and assume all risks associated with the design, assembly, operation, tuning, and use of the engine.
5. Australian Consumer Law
5.1 Statutory Rights Preserved
Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection legislation, to the extent such rights cannot be excluded by law.
5.2 Permitted Limitations
Where liability may legally be limited, FI’s liability is limited to the re-supply of services or the cost of having services re-supplied, at FI’s discretion.
6. Acknowledgement
By proceeding with a custom engine build or related services, you confirm that you:
- Understand the high-risk and experimental nature of modified engines;
- Accept that no warranties apply to engines, components, or workmanship;
- Accept full responsibility for operation, tuning, and use of the engine;
- Release FI from liability to the maximum extent permitted by law.