Terms of service
TERMS & CONDITIONS OF TRADE
Effective Date: 4 September 2026
Version 1.0
Performance Ignition Services, Scorcher Ignition and Blueprint Ignition are divisions of Makin Automotive Pty Ltd ABN 26 147 464 006 (“Performance Ignition Services”, “we”, “us” or “our”).
These Terms & Conditions of Trade apply to the supply of goods and services by us.
1. ACCEPTANCE OF TERMS
By requesting a quotation, placing an order, supplying goods to us for repair or modification, approving work, or purchasing goods or services from us, the customer agrees to these Terms & Conditions of Trade.
These Terms apply to orders placed in person, by telephone, email, online or by any other method.
Where a written quotation or other agreement contains terms specifically agreed between us and the customer which are inconsistent with these Terms, the specifically agreed terms will apply to the extent of that inconsistency.
2. QUOTATIONS AND ORDERS
Unless otherwise stated, quotations are based on the information available to us at the time and may be subject to change if additional work, faults, parts or requirements become apparent.
Custom-built, modified or specially configured products may be manufactured or configured once an order has been accepted.
The customer is responsible for ensuring that information supplied to us regarding the intended application is accurate and complete.
3. CUSTOMER-SUPPLIED INFORMATION AND SPECIFICATIONS
Our products and services may be manufactured, selected, modified, calibrated or configured according to information or specifications supplied, requested or approved by the customer.
This may include engine type and configuration, fuel or induction system, camshaft specification, compression ratio, engine modifications, intended engine speed or RPM, road or competition use, initial ignition timing, total ignition timing, advance curve and other relevant specifications or operating requirements.
Where we manufacture, modify or configure a product in accordance with specifications supplied, requested or approved by the customer, we are not responsible for loss or damage arising solely because those specifications were inaccurate, incomplete or unsuitable for the customer's application, except to the extent that liability cannot lawfully be excluded or limited.
4. CUSTOM AND MODIFIED PRODUCTS
Many products supplied by Performance Ignition Services are manufactured, rebuilt, modified or configured for a particular vehicle, engine or application.
The suitability of a product for another vehicle, engine or application should not be assumed.
The customer must advise us of relevant modifications or operating requirements that may affect product suitability.
Custom-built, specially manufactured or modified goods may not be returnable merely because the customer changes their mind, subject to any rights available under applicable law.
5. INSTALLATION AND VEHICLE CONDITION
Unless installation forms part of the services specifically supplied by us, the customer is responsible for ensuring that products are installed correctly by a suitably competent person.
The customer is responsible for ensuring that the vehicle, engine and associated systems are suitable for the product supplied and are in safe and serviceable condition.
This includes, where relevant, wiring, electrical supply, ignition coil compatibility, grounding, charging system, engine condition, lubrication, fuel system, timing configuration and related components.
We are not responsible for failure or damage caused by incorrect installation, incompatible components, defective associated systems, unauthorised alteration, misuse or operating conditions outside the product's intended application, except to the extent that liability cannot lawfully be excluded or limited.
6. TESTING AND INSPECTION
Where appropriate, distributors and ignition components manufactured, rebuilt, repaired or serviced by us may be inspected and/or bench tested prior to supply.
Testing is intended to verify operation under conditions reasonably capable of being reproduced using our workshop equipment.
Bench testing cannot reproduce every load, vibration, temperature, engine speed, vehicle condition or operating circumstance that may occur when a product is installed and operated in a vehicle.
Successful inspection or bench testing does not constitute a representation or guarantee that a component cannot subsequently fail.
7. RACING, MOTORSPORT AND COMPETITION USE
The customer acknowledges that racing, motorsport, competition, track, rally and other high-performance applications may expose vehicles and components to substantially greater engine speeds, loads, temperatures, vibration and stresses than ordinary road use.
Vehicle preparation, engine condition, installation, tuning, fuel, operating conditions, driver operation and other components may be outside our control.
Products intended for motorsport or competition use must be installed, inspected, maintained and operated appropriately for their intended application.
To the maximum extent permitted by law, we are not responsible for failure or damage caused by competition conditions, excessive engine speed or RPM, abnormal loads or temperatures, accident, misuse, inadequate maintenance, incorrect installation, incompatible components, or modifications made after supply.
Nothing in this clause excludes, restricts or modifies any right, remedy or liability which cannot lawfully be excluded, restricted or modified.
8. DEFECTS, FAILURES AND CLAIMS
If a customer believes that a product supplied, manufactured, repaired or modified by us has failed or is defective, the customer should notify us as soon as reasonably practicable after becoming aware of the issue.
Where reasonably possible, the customer should:
- cease operating the vehicle if continued operation may cause further damage;
- retain the allegedly failed product and associated components;
- avoid dismantling, modifying or repairing the product before we have had a reasonable opportunity to inspect it;
- provide details of the circumstances surrounding the alleged failure;
- provide photographs, test results or other relevant information reasonably requested by us; and
- make the product available to us for inspection.
Where reasonably necessary to determine the cause of an alleged failure, we may request information concerning or reasonable access to associated components, the vehicle, engine, installation or operating circumstances.
Failure to preserve relevant components or evidence may affect our ability to investigate the cause of an alleged failure.
Nothing in this clause limits any right or remedy which cannot lawfully be excluded or limited.
9. REMEDIES FOR DEFECTIVE GOODS OR SERVICES
To the maximum extent permitted by law and subject to these Terms, our liability in relation to defective goods may be limited to repair or replacement of the goods, supply of equivalent goods, payment of the cost of replacement or equivalent goods, or payment of the reasonable cost of having the goods repaired.
Where permitted by law, our liability in relation to services may be limited to supplying the services again or payment of the reasonable cost of having the services supplied again.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy which cannot lawfully be excluded, restricted or modified.
10. LABOUR, REMOVAL, REFITTING AND ASSOCIATED COSTS
Except where required by applicable law or expressly agreed by us in writing, Performance Ignition Services does not accept responsibility for third-party labour, diagnosis, removal or refitting costs, towing, vehicle transportation, accommodation, freight, dyno or tuning costs, track or event fees, or other associated expenses arising from a product fault or failure.
Nothing in this clause excludes a customer's entitlement to recover an amount where such entitlement cannot lawfully be excluded.
11. CONSEQUENTIAL AND INDIRECT LOSS
To the maximum extent permitted by law, we exclude liability for indirect or consequential loss arising from the supply, failure or use of our goods or services.
This may include, where legally permissible, loss of profits, loss of revenue, loss of business opportunity, loss of use, event entry fees, travel expenses and similar commercial or economic losses.
Nothing in this clause excludes liability which cannot lawfully be excluded.
12. LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies the operation of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law where doing so would be unlawful.
Where permitted by law, including where the relevant goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to:
In relation to goods:
- replacement of the goods or supply of equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or acquiring equivalent goods; or
- payment of the cost of having the goods repaired.
In relation to services:
- supplying the services again; or
- payment of the cost of having the services supplied again.
Any limitation in these Terms applies only to the extent permitted by law.
13. TRADE CUSTOMERS AND THIRD-PARTY VEHICLES
Where a customer purchases goods or services from us for installation into, or supply to, another person's vehicle, our contractual relationship is with the customer who placed the order unless otherwise agreed.
Trade customers are responsible for accurately communicating relevant installation, operation and maintenance information to their customer.
Trade customers should promptly notify us if they become aware of an alleged defect or failure involving goods or services supplied by us and, where reasonably possible, preserve the relevant goods and components for inspection.
Nothing in this clause limits any statutory right or remedy which another person may have against us under applicable law.
14. ALTERATION, MODIFICATION AND TAMPERING
Unauthorised dismantling, modification, alteration or repair of a product after supply may affect its operation and our ability to determine the cause of a subsequent failure.
To the maximum extent permitted by law, we are not responsible for defects, failures or damage caused by modifications, alterations or repairs performed by another person after supply.
Nothing in this clause affects rights which cannot lawfully be excluded.
15. CUSTOMER-SUPPLIED COMPONENTS
Where a customer supplies components to us for repair, rebuilding, modification, testing or incorporation into other goods, we do not warrant the condition, quality, durability or suitability of those customer-supplied components.
We will take reasonable care of customer property while it is in our possession.
We are not responsible for latent defects, deterioration or pre-existing weaknesses in customer-supplied components which could not reasonably have been identified in carrying out the work requested.
16. PRICING, GST AND ADDITIONAL WORK
Unless otherwise stated, prices are in Australian dollars and include GST where applicable.
Freight, packaging, handling, card surcharges and other applicable charges may be separately itemised.
If additional work, faults or required components become apparent after inspection or commencement of work, we may contact the customer for approval before undertaking material additional work where reasonably practicable.
17. PAYMENT
Payment must be made in accordance with the payment terms shown on our quotation, order, invoice or account.
Where goods or services are supplied on credit, payment is due within the agreed credit period.
We may suspend further supply to a customer whose account is overdue, subject to applicable law and any contrary written agreement.
18. RETENTION OF TITLE
Property and ownership of goods supplied by Makin Automotive Pty Ltd trading as Performance Ignition Services remain with us until those goods have been paid for in full.
Until title passes, the customer holds the goods as bailee for us.
To the extent permitted by law, we reserve the right to recover possession of unpaid goods following payment default.
The customer acknowledges that our interest in unpaid goods may constitute a security interest under the Personal Property Securities Act 2009 (Cth) and agrees to provide reasonable assistance required to protect or register that interest where applicable.
19. DELIVERY AND FREIGHT
Delivery and freight arrangements will be as agreed with the customer.
Customers should inspect delivered goods within a reasonable period after receipt and promptly notify us of apparent freight damage, shortages or incorrect goods.
Responsibility for loss or damage during transportation will be determined according to the applicable freight arrangement and law.
20. AUSTRALIAN CONSUMER LAW
Our goods and services may come with guarantees and other rights that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify any guarantee, right, remedy or liability under the Australian Consumer Law or other applicable law where doing so would be unlawful.
Where these Terms contain a limitation or exclusion of liability, that limitation or exclusion operates only to the maximum extent permitted by law.
21. INTELLECTUAL PROPERTY
Unless otherwise agreed in writing, intellectual property owned or developed by us in connection with our business remains our property.
This includes our designs, manufacturing methods, drawings, specifications, technical information, product development, branding and other proprietary material.
Purchase of a product does not transfer ownership of our intellectual property.
22. EVENTS BEYOND OUR REASONABLE CONTROL
To the extent permitted by law, we are not responsible for delay or failure to perform an obligation caused by circumstances beyond our reasonable control, including natural disasters, fire, flood, industrial disruption, transport interruption, supply-chain disruption, government action or failure of essential services.
This clause does not excuse payment obligations already due.
23. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down to the extent necessary and legally possible.
If it cannot be read down, it will be severed and the remaining provisions will continue to operate.
24. CHANGES TO THESE TERMS
We may update these Terms from time to time.
The Terms applicable to a transaction are the Terms made available to the customer at or before the time the relevant order is accepted.
Changes to these Terms do not retrospectively alter the terms applicable to an existing transaction.
25. GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the jurisdiction of the courts and tribunals of Victoria and courts competent to hear appeals from them, subject to any applicable law requiring otherwise.
26. CONTACT DETAILS
Makin Automotive Pty Ltd
trading as Performance Ignition Services
ABN: 26 147 464 006
Address: Factory 47 / 41–49 Norcal Road, Nunawading VIC 3131, Australia
Phone: 03 9872 3644
Email: accounts@performanceignition.com.au
Website: www.performanceignition.com.au