Tuning Disclosure & Liability Waiver

1. Acknowledgment of Service Request

By requesting tuning services ("Tune" or "Tuning") from Navardi Tuned, its subsidiaries, affiliates, and related entities (collectively, "Navardi Tuned," "we," "our," or "us"), you as the customer ("Customer," "you," or "your") hereby acknowledge and accept the following terms and conditions.

2. Understanding of ECU Tuning Risks

2.1 Inherent Risks

You acknowledge and understand that ECU (Engine Control Unit) Tuning involves modifying engine calibration through software manipulation, which carries inherent risks including but not limited to:

• Potential engine damage or failure
• Reduced engine lifespan
• Increased wear on drivetrain components
• Voiding of manufacturer warranties
• Potential emissions non-compliance
• Altered vehicle characteristics and drivability

2.2 Acceptance of Risks

You expressly acknowledge these risks and voluntarily assume all risks associated with modifying your vehicle's engine calibration. You understand that even with professional tuning, unexpected mechanical failures can occur due to various factors including but not limited to pre-existing conditions, part quality, installation quality, fuel quality, and driving conditions.

3. Authority and Ownership

3.1 Authorization

You confirm that you have the legal authority and right to authorize modifications to the vehicle in question. You represent and warrant that you are either:

• The registered owner of the vehicle, or
• Have explicit written authorization from the registered owner to request tuning services

3.2 Liability for Unauthorized Modifications

You agree to indemnify and hold harmless Navardi Tuned from any claims arising from unauthorized modifications or lack of proper authorization.

4. Legal and Regulatory Compliance

4.1 Customer Responsibility for Compliance

You, as the Customer, accept full and exclusive responsibility for ensuring that any modifications or upgrades made to your vehicle comply with all applicable federal, state, and local laws and regulations, including but not limited to:

• Environmental Protection Agency (EPA) regulations
• California Air Resources Board (CARB) standards
• State emissions testing requirements
• Vehicle safety standards
• Registration and inspection requirements
• Noise ordinances

4.2 Racing and Off-Road Use Only

Navardi Tuned has expressly informed you that certain tuning services and recommended parts are intended for RACING COMPETITION AND OFF-ROAD USE ONLY and are not legal for use on public roads or highways. These modifications may render your vehicle non-compliant with emissions and safety regulations for street use.

4.3 Release from Regulatory Compliance

You expressly agree to absolve, release, and hold harmless Navardi Tuned from all responsibility for ensuring that your vehicle meets or complies with any federal, state, or local regulations, including but not limited to emissions standards, safety requirements, and registration laws.

5. Limitation of Liability for Vehicle Damage

5.1 Release from Engine Damage

You expressly absolve, release, and hold harmless Navardi Tuned from any and all liability for damages to your engine, vehicle, or any related components resulting from altering the stock engine calibration through ECU Tuning.

5.2 No Warranty of Reliability

While Navardi Tuned strives to ensure reliability, safety, and optimal performance in all calibrations, you understand and acknowledge that:

• Engine damage can occur for numerous reasons beyond our control
• Pre-existing mechanical issues may be exacerbated by increased performance
• Component quality, installation quality, and maintenance history affect reliability
• Driving style, fuel quality, and environmental conditions impact engine longevity

5.3 Complete Release

Navardi Tuned shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from tuning services, including but not limited to:

• Engine failure or damage
• Transmission or drivetrain damage
• Turbocharger failure
• Fuel system issues
• Electrical system problems
• Loss of use of vehicle
• Towing and repair costs
• Diminished vehicle value

6. Illegal Activities and Liability Release

6.1 Prohibition of Illegal Use

You understand and agree that Navardi Tuned will not be held accountable or liable for any illegal activities committed during or after the tuning of your vehicle. This includes but is not limited to:

• Illegal street racing
• Excessive speeding
• Reckless driving
• Operating a non-compliant vehicle on public roads
• Violation of emissions or noise regulations

6.2 Safe and Legal Data Logging

All data logging and performance testing must be conducted exclusively in safe and legal environments, including but not limited to:

• Licensed drag strips and race tracks
• Closed private properties with owner permission
• Professional dynamometer facilities

You agree never to engage in data logging or performance testing on public roads or in any illegal manner.

7. Vehicle Condition and Suitability

7.1 Acknowledgment of Vehicle Condition

As the Customer, you acknowledge that you know the current condition of your vehicle and assure that it is mechanically sound and suitable for tuning and data logging. You represent that:

• Your vehicle has no known mechanical defects or issues
• All maintenance has been performed according to manufacturer recommendations
• All modifications have been properly installed and are functioning correctly
• The vehicle is equipped with appropriate supporting modifications for increased performance

7.2 Disclosure of Vehicle History

You agree to disclose all relevant information about your vehicle's modification history, mechanical issues, and current condition. Failure to provide accurate information may result in service denial or termination without refund.

8. Communication and Professional Conduct

8.1 Official Communication Channels

All communication between you and Navardi Tuned during the tuning process must take place exclusively through our designated official communication channels. This includes all interactions concerning your tune request(s), technical support, questions, and any other matters related to our services.

Communications through unauthorized channels may not be monitored or responded to, and Navardi Tuned shall not be held responsible for any missed communications sent through unofficial means.

8.2 Professional Conduct Requirements

We are committed to providing exceptional service in a professional environment. We have zero tolerance for abusive, threatening, harassing, or discriminatory behavior toward our staff or team members. You agree to:

• Treat all Navardi Tuned staff with respect and professionalism
• Refrain from abusive, threatening, or harassing language or conduct
• Avoid unreasonable demands or attempts to manipulate service terms
• Respect communication boundaries and response times

Any customer who engages in such behavior will have their service immediately terminated without refund and will be permanently banned from future services. We reserve the right to report threatening or illegal behavior to appropriate authorities.

9. Parts Recommendations and Disclaimer

9.1 General Recommendations

Any recommendations for modifications, parts, or upgrades made by Navardi Tuned are general in nature and based on our experience and knowledge. However, you acknowledge that:

• Part quality varies between manufacturers and suppliers
• Installation quality significantly affects performance and reliability
• Individual vehicle conditions and usage patterns affect results
• Not all parts are manufactured or installed to the same standards

9.2 No Liability for Recommended Parts

Navardi Tuned cannot and shall not be held liable for any engine damage, vehicle damage, or other losses caused by parts that we recommend. Poor quality products, improper installation, or incompatibility with your specific vehicle may cause damage, and we expressly disclaim all responsibility for such outcomes.

9.3 Customer Due Diligence

You agree to conduct your own due diligence when selecting parts and installation services, and to use only reputable suppliers and qualified technicians.

10. Refund Policy

10.1 Point of No Return

By accepting this disclosure, you acknowledge and agree that once your first revision or base calibration file has been delivered to you, no refunds will be issued under any circumstances, including but not limited to:

• Enhanced OTS (Off-The-Shelf) Tunes
• Custom Tuning Services
• MGFlasher License-based Products
• Change of mind after receiving initial calibration
• Dissatisfaction with turnaround time or number of revisions required
• Vehicle compatibility issues discovered during tuning

10.2 Pre-Work Refunds and Cancellations

Refunds may only be issued prior to the delivery of your first calibration file. For mistaken orders or cancellations after payment but before work commences, a 15% administrative fee will be deducted from the refund amount to cover payment processing costs and administrative overhead.

10.3 Excluded Costs

You acknowledge that tuning services do not include and provide no refunds or compensation for associated costs including but not limited to:

• Vehicle teardowns, diagnostic services, or mechanic labor
• Dynamometer (dyno) rental and testing fees
• Shipping, handling, towing, or vehicle rental costs
• Parts replacement or repairs
• Loss of use of vehicle

10.4 Vehicle Standards and Service Termination

We reserve the right to immediately cease all tuning work without refund if we determine that your vehicle is not up to the required standard, including poor mechanical health, inadequate supporting modifications, or safety concerns. We also reserve the right to charge additional fees if your vehicle requires substantially more work than initially anticipated.

11. Warranty Disclaimer

NAVARDI TUNED PROVIDES ALL SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Navardi Tuned, its owners, directors, officers, employees, contractors, agents, subsidiaries, affiliates, and related entities from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:

• Your use of our tuning services
• Any modifications made to your vehicle
• Your violation of any laws or regulations
• Your breach of this disclosure or our Terms and Conditions
• Any damage to property or injury to persons caused by your vehicle
• Any claims by third parties related to your vehicle or its use

13. Severability and Enforceability

If any provision of this Tuning Disclosure is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

14. Governing Law

This Tuning Disclosure shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from this disclosure or our tuning services shall be subject to the exclusive jurisdiction of the courts of Australia. Where applicable, parties may first attempt to resolve disputes through mediation or alternative dispute resolution processes available under Australian law before proceeding to formal legal action.

15. Acknowledgment and Acceptance

By proceeding with tuning services from Navardi Tuned, you acknowledge that:

• You have read and fully understand this Tuning Disclosure
• You have had the opportunity to seek independent legal counsel
• You accept all risks associated with ECU tuning
• You agree to all terms, conditions, limitations, and waivers contained herein
• You understand this is a legally binding agreement

16. Contact Information

If you have any questions or concerns about this Tuning Disclosure, please contact us before proceeding with services: