PERFORMANCE AUTOMOTIVE LTD.
Vehicle Service, Repair, Diagnostic and Parts Supply Terms and Conditions
(Governed by the Laws of the Cayman Islands)
1. Definitions
“Performance Automotive”, “we”, “us” and “our” means Performance Automotive Ltd.
“Client”, “you” and “your” means the person or legal entity authorising services.
“Goods” means parts, accessories, materials and products supplied by us.
“Services” means diagnostic, repair, maintenance, inspection, fabrication, installation and related services supplied by us.
2. Entire Agreement
These Terms and Conditions, together with any estimate, service authorisation, invoice and any applicable vehicle-specific terms, constitute the entire agreement between the parties. Verbal authorisations for additional work provided by the Client shall be binding.
If the Client's vehicle is manufactured by Tesla or is a Full EV (Electric Vehicle), the Client shall review and comply with the additional terms and conditions applicable to Tesla vehicles (the "Tesla Terms and Conditions"). By executing this Agreement, the Client acknowledges and agrees to be bound by both the Tesla Terms and Conditions and these Terms and Conditions. Together, these documents constitute the entire agreement between the Client and us with respect to the subject matter herein.
3. Authority and Communications
The person authorizing work warrants that they are authorized to act on behalf of the vehicle owner.
Performance Automotive may record incoming and outgoing telephone calls for quality assurance, training, security, record keeping and dispute resolution purposes, to the extent permitted by Cayman Islands law.
4. Estimates, Diagnostics and Additional Work
All estimates are provided in good faith and are not fixed quotations unless expressly stated in writing.
Diagnostic services are chargeable based on time spent at prevailing labour rates.
Electronic diagnostic results do not guarantee identification of the root cause of a fault.
Where additional work exceeding KYD $200 above the estimate becomes necessary, Client approval will be obtained before proceeding whenever reasonably practicable.
Completion dates are estimates only and are not guaranteed.
5. Parts and Materials
Client-supplied parts will not ordinarily be accepted unless agreed in writing. Client takes full responsibility for parts and labour when parts are provided. Labour to be paid in advance, no refunds or credits will be issued for any part failures.
Performance Automotive may use suitable replacement, reconditioned or recycled parts where applicable.
Supplier selection remains at our discretion.
Any manufacturer warranty applicable to supplied parts shall pass to the Client where legally transferable. Up to 1 year max on parts warranty, not labour.
6. Paint and Cosmetic Work
Reasonable efforts will be made to match colours and prevent rust recurrence; however exact matches and future corrosion prevention cannot be guaranteed.
7. Deposits, Payment, Interest and Lien Rights
A deposit may be required before work commences.
Where a partial deposit has been paid for a special order part, the remaining balance must be paid in full within the time specified by us. If the balance is not received in sufficient time to enable us to make full payment to our supplier, we shall have no obligation to refund any deposit already paid.
Special-order parts are generally non-refundable. Returned locally sourced parts may be subject to a restocking fee.
Invoices are payable upon presentation unless otherwise agreed in writing.
Overdue balances may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower.
Performance Automotive reserves any possessory lien rights available under Cayman Islands law until outstanding charges are paid.
8. Storage and Uncollected Vehicles
Storage charges may accrue beginning on the fourth day after notification that a vehicle is ready for collection.
Standard storage charges shall be KYD $15.00 per day unless otherwise notified. After 180 days. Storage fee goes to $100 per day.
Vehicles remaining uncollected for extended periods may be subject to additional commercial storage charges following reasonable notice.
Where a vehicle remains uncollected for six months or longer, Performance Automotive may exercise any rights available under Cayman Islands law to recover outstanding charges, including seeking lawful authority to dispose of or sell the vehicle after reasonable notice.
We will deduct any outstanding invoices, parking or storage fees, plus a vehicle sale fee of KYD$2000 or 25% of value of the vehicle, whichever is greater from the net proceeds of the sale of the vehicle.
Before proceeding to sell your vehicle, we will first give you seven days' notice of our intention to do so. Such notice will be deemed to have been validly served on you provided that it is sent to any of the e-mail addresses, physical addresses or PO Box addresses provided by you at the time this agreement was signed.
Any sale of vehicles pursuant to this clause shall be by way of a sealed bid auction.
After discharging the costs of the sale together with and making any other deductions as provided for by this agreement, we shall, at our discretion, retain the balance for your benefit or forward the same to you at your last known address.
9. Collection by Third Parties
We may release a vehicle or goods to any person reasonably believed to be authorised by the Client.
Where we reasonably believe that a person has your authority to uplift Goods or Vehicles from us and does so, we shall have no liability to you for any loss or damage that might occur where that person did not have such authority from you.
10. External Warranties
Where permitted by an external warranty provider, we will liaise with the provider to seek authorization and payment for repairs or services covered under the applicable warranty. We will supply all information reasonably required by the warranty provider to facilitate the approval process. A fixed fee of KYD $100 will be charged for the vehicle inspection, administrative coordination with the warranty provider, and verification of compliance with applicable warranty requirements.
This fee is payable by the Client, is non-refundable, and applies regardless of whether the external warranty provider approves or denies the warranty claim.
The Client remains solely responsible for submitting, completing, and maintaining any claim documentation or other requirements imposed by the external warranty provider, unless otherwise agreed in writing.
11. Performance Automotive Warranty
Subject to these Terms, workmanship is warranted for 3 months or 2,000 km, whichever occurs first.
Warranty claims must be reported promptly and the Client must provide an opportunity for inspection before third-party repairs are undertaken (maximum of 3 days to report defects via email to Service@performanceauto.ky).
Warranty covers parts or equipment installed and does not cover labor or shipping.
Aftermarket modifications, performance upgrades, lift kits, lowering kits, custom fabrication and non-manufacturer modifications are excluded unless expressly warranted in writing.
Warranty rights relating to unpaid services may be suspended until the relevant invoice is paid.
11a No Warranty Applies to the Following
We shall not be responsible for any transmission failure occurring after a transmission fluid service where the transmission fluid has not been serviced or replaced at the manufacturer's recommended intervals or has otherwise not been maintained in accordance with accepted maintenance standards. A transmission should be serviced as follows:
Transmission Type Harsh Service (due to Cayman Islands hot weather)
Automatic 30,000–50,000 miles
CVT 25,000–50,000 miles
Manual 20,000–40,000 miles
The presence of sludge, deposits, or contamination within the engine lubrication system or engine oil passages.
Any defect, damage, deterioration, or failure caused by, resulting from, or contributed to by environmental conditions, including but not limited to prolonged exposure to direct sunlight, excessive heat, salt, saltwater, humidity, or other corrosive elements. You acknowledge and agree that vehicles imported from overseas may not have been designed, manufactured, or specified for operation within the environmental conditions experienced in the Cayman Islands. Such conditions may adversely affect the vehicle's performance, durability, reliability, and service life.
No warranty, refund, exchange, or return shall apply to over-the-counter sales of parts, accessories, consumables, or other goods, except where required by applicable law. No exceptions shall be made without the prior written approval of management.
11b No warranty or returns on counter sales. No exceptions.
12. Vehicle Operation and Road Testing
The Client authorises reasonable road testing and operation of the vehicle as required for diagnosis, repair and quality control.
We will maintain insurance required by law while operating the vehicle.
Employees cannot be asked to exceed local speed limits under no circumstances.
13. Personal Property
Clients should remove valuables from vehicles. Personal property left in vehicles remains at the Client’s risk.
14. Data Protection
Personal data will be collected, processed and stored in accordance with the Cayman Islands Data Protection Act (as revised).
Information may be used for servicing, invoicing, warranty administration, regulatory compliance and dispute resolution.
15. Bankruptcy / Insolvency of the Client
If the Client becomes insolvent, enters liquidation, bankruptcy or receivership, Performance Automotive may terminate the agreement and issue a final invoice immediately due and payable. This invoice will become a preferred payable.
16. Gift Certificates
Gift certificates are only valid for 1 (one) year. They become void after this term.
Gift certificates can only be used for their intended purposes.
Gift certificates can only be used once and do not carry over any balances.
Any work done with a gift certificate holds no warranty value.
We are not responsible for any damages done on systems or maintenance of parts that have not been properly maintained previously.
At any given time, Performance Automotive reserves the right to refuse service.
17. Parts Storage
All parts ordered will be stored for up to 90 days. After that, a $5.00 KYD per day storage fee will be charged.
Parts become property of Performance Automotive after 365 calendar days.
18. Prior Repairs by Others
Customer presents vehicle with existing concern(s) that have been previously diagnosed and/or repaired by another facility without resolution. Customer acknowledges and agrees that prior repairs, parts replacement, modifications, or improper service procedures performed by others may have altered vehicle condition and may significantly impact diagnostic accuracy, repair direction, and final outcome.
Customer understands and agrees to the following:
Performance Automotive is not responsible for the accuracy, quality, or outcome of any prior diagnosis or repair performed by another facility
Previously installed parts may be incorrect, defective, unnecessary, improperly installed, or may have caused additional damage
Diagnostic procedures may require duplication, reversal, or removal of prior repairs or recently installed components
Additional failures may be discovered as a direct or indirect result of prior improper or incomplete repairs
No warranty, guarantee, or assumption of responsibility is provided for any prior work or related components
Customer authorizes Performance Automotive to perform comprehensive diagnostic testing at applicable rates and acknowledges that diagnostic time cannot be estimated due to unknown variables created by prior repairs.
Customer agrees that Performance Automotive is not liable for:
Pre-existing conditions or damages
Any issues arising from prior repairs or parts installation
Any loss, failure, or damage related to previously serviced systems
Any outcome where prior work prevents accurate diagnosis or successful repair
Customer further acknowledges that all diagnostic time, including additional or extended testing required due to prior repairs, is billable regardless of outcome.
Any additional repairs or parts required to correct, verify, or continue diagnosis will require customer approval. All costs associated with correcting prior repairs are the sole responsibility of the customer.
By approving this service, customer acknowledges and accepts all terms outlined above and releases Performance Automotive from liability related to prior repairs and their consequences.
Performance Automotive will not appear in court or get involved in any litigation involving poor workmanship from other repair facilities or any other concepts regarding previous repairs.
If the client is required to attend court or otherwise respond to legal proceedings beyond our reasonable control, the client agrees to compensate at a rate of $2,000 per hour for time lost from professional obligations, including preparation, attendance, and related disruption.
19. Dispute Resolution and Jurisdiction
Notwithstanding clause any other clauses, you expressly agree that should any dispute arise in respect of this warranty, you irrevocably agree to resolve that dispute by mediation in the first instance. You agree to fully indemnify us in respect of all legal costs (legal costs incurred by both you and and us) should court proceedings be initiated by you prior to attempting to resolve that dispute by way of mediation.
If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of the Cayman Islands.
This Agreement is governed by Cayman Islands law.
20. Force Majeure
Performance Automotive shall not be liable for delays or failures caused by events beyond its reasonable control including hurricanes, flooding, fire, labour disputes, supply shortages, governmental action, power outages or transportation interruptions.
21. Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
22. Electronic Communications
Notices, estimates, invoices, approvals and other communications may be transmitted electronically and shall be deemed received when transmitted unless proven otherwise.
23.Vendor Information Ownership and Confidentiality
The Client acknowledges and agrees that all vendor, supplier, manufacturer, distributor, sourcing, pricing, and procurement information, including but not limited to vendor identities, contact information, business relationships, pricing arrangements, purchasing terms, and related commercial information ("Vendor Information"), is proprietary and confidential to the Company.
The Client shall have no ownership, entitlement, right, title, or interest in any Vendor Information and shall not request, obtain, access, use, disclose, or rely upon such Vendor Information except as expressly authorized in writing by the Company. Nothing in this Agreement shall be construed as granting the Client any right to receive or possess Vendor Information.
The Client further agrees that it shall not directly or indirectly contact, solicit, negotiate with, contract with, or otherwise engage any vendor, supplier, manufacturer, or business partner identified, introduced, or utilized by the Company in connection with the services provided under this Agreement without the Company's prior written consent.
24. Limitation of Liability
To the fullest extent permitted by Cayman Islands law, Performance Automotive’s total liability arising from any claim shall not exceed the cost to us to perform rectification of any defects in our workmanship.
Nothing in this Agreement excludes liability that cannot lawfully be excluded, including liability for fraud or death or personal injury caused by negligence.
If you own a Tesla or any fully electric vehicle (EV), the Tesla and EV Disclaimer below also applies to your vehicle. This disclaimer is supplemental to, and does not replace, limit, or exclude any other terms, conditions, or disclaimers contained herein. All applicable disclaimers shall remain in full force and effect and shall be interpreted collectively.