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. Approvals may be given through the Tekmetric portal or by email, WhatsApp, text message or telephone. Telephone approvals must be recorded against the repair order with the date, approving person, scope and authorised amount. All approvals remain subject to the spending limits in section 4.

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

Estimates are provided in good faith and are not fixed quotations unless expressly stated in writing. New-parts estimates are valid for 15 calendar days and used-parts estimates for 24 hours from issue, subject to availability. Any revised price requires approval before the affected work proceeds or parts are ordered.

Before diagnostic work begins, we will obtain approval for the diagnostic allowance and disclose the applicable labour rate and any separately chargeable testing costs. Unless the Client expressly approves a different allowance, initial diagnostic labour is limited to one hour at that disclosed rate. No diagnostic charge is authorised merely by delivery of the vehicle or acceptance of these general terms.

We will stop when the approved diagnostic time or monetary limit is reached, whichever occurs first, and obtain further approval before continuing. The Client's unavailability or failure to respond is not approval. We will explain the findings, further testing proposed and additional allowance requested.

Diagnostic charges reflect time properly spent within the approved allowance and remain payable even where a fault is intermittent, cannot be reproduced, or further testing is required. Electronic diagnostic results do not guarantee identification of a fault's root cause. Diagnosis does not authorise repairs or replacement parts.

Repairs and parts orders require the Client's approval of the scope and total estimated charge. We will obtain further approval before undertaking additional work, ordering additional parts or exceeding the approved total. No additional chargeable work is authorised by silence or inability to contact the Client.

Approvals and any revised limits will be recorded against the repair order using the methods in section 2. 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

Before parts are ordered, the Client must pay a deposit equal to 100% of the approved parts charges, including any freight, duties and procurement charges disclosed in the estimate, unless management expressly agrees otherwise in writing. Any approved increase in those charges requires an additional deposit before the affected order proceeds. We may separately require an agreed labour or diagnostic deposit before work begins.

A partial payment does not oblige us to place a parts order. Deposits are applied against the relevant order and final invoice. On cancellation, the Client remains responsible for authorised work already performed and documented, non-recoverable supplier, freight, cancellation and restocking charges. Any remaining deposit balance will be refunded after those amounts are accounted for. No amount will be recovered twice.

Special-order parts are generally non-returnable once the supplier order has been committed. Locally sourced returns require supplier acceptance and may incur a disclosed restocking fee. These restrictions do not exclude any remedy required by applicable law.

Invoices are payable upon presentation unless management agrees otherwise in writing. All charges properly due for the vehicle or goods being collected, including approved services, parts, storage and other agreed charges, must be paid in full in cleared funds before release, subject to applicable law and any written credit arrangement approved by management. A transfer receipt alone does not establish receipt of cleared funds.

The Client remains responsible for payment regardless of any insurer, external warranty provider or other third party's approval, refusal, delay or shortfall. An expected reimbursement does not postpone payment or authorise release without payment unless management agrees otherwise in writing.

Overdue balances may accrue simple interest at 1.5% per month, calculated proportionately for part months without compounding, or the maximum lawful rate, whichever is lower.

Performance Automotive reserves only those possessory lien and retention rights available under Cayman Islands law. Retention does not itself confer ownership or an automatic right to sell the vehicle or goods.

8. Storage and Uncollected Vehicles

When the vehicle is ready for collection, we will send a written collection notice to the Client's latest recorded email address or mobile messaging contact. The notice will identify the vehicle, collection arrangements, the storage start date and applicable rates. We will retain evidence of the notice and take reasonable further steps to contact the Client if delivery fails.

The notice date is day zero. The next three calendar days are free of storage charges. Storage starts on the fourth calendar day after the notice date and is charged at KYD $15.00 per calendar day, including weekends and public holidays, unless a different rate has been expressly agreed in writing before storage begins. Charges continue until collection or lawful disposal, subject to applicable law. Collection must be reasonably available during our notified opening hours. Any separate storage arrangement for an immobilised vehicle must be expressly agreed and recorded; it is not created by this collection-ready provision.

The first chargeable storage date is storage day 1. After 180 chargeable storage days at the standard rate, the rate increases to KYD $100.00 per calendar day from storage day 181. We will give at least 30 calendar days' written notice of the increase, stating its effective date. If that notice is late, the increase starts only after the full notice period has expired. The higher rate applies prospectively, does not reprice earlier days, and replaces rather than adds to the daily standard rate. Any differently agreed storage rate or escalation must be recorded expressly in writing.

Once a vehicle has remained uncollected for 180 chargeable storage days, we may begin the applicable legal process to recover the debt or seek authority for sale or disposal. Elapsed time, unpaid charges and acceptance of these terms do not automatically transfer ownership or independently establish a power of sale. We will establish the lawful basis for any sale or disposal and obtain any required court order or other authority before proceeding.

Before any sale or disposal, we will comply with all applicable notice, service, timing and ownership or security-interest requirements and any court directions. A sale notice will identify the vehicle, sums claimed, proposed sale process, payment and collection deadline, and contact details for responding. We will make reasonable enquiries concerning the registered owner and any finance or security interests and notify relevant parties as required. The contractual storage notice does not replace a legally required sale notice. There is no assumption that seven days' notice is sufficient.

Any authorised sale will follow the procedure required by law or the court, including any required valuation or auction arrangements. We will keep records of the sale process and seek a commercially reasonable price. Sale proceeds may be applied only to sums lawfully recoverable, including properly due repair and storage charges and reasonable, documented sale expenses, subject to applicable priorities. No automatic KYD $2,000 or 25% sale fee applies under this clause.

We will provide an itemised account of gross proceeds, deductions and any balance. Any surplus belongs to the person legally entitled to it and will be remitted promptly once entitlement is established, or held separately pending lawful directions where entitlement is disputed or the recipient cannot be located. It is not retained as our income. Any shortfall remains payable only to the extent legally recoverable, with credit given for the sale proceeds.

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. Discretionary Replacement Period

For one year from the date of the original invoice, Performance Automotive may, as a courtesy and at management's sole discretion, approve replacement of a part or item of equipment supplied and installed by us. This period is an opportunity to request discretionary replacement assistance and is not a promise that any request will be approved.

To the fullest extent permitted by Cayman Islands law, management may approve or decline any request for any reason. Each request will be considered individually, and any assistance must be expressly approved by management. Approval of one request does not require approval of another.

Any assistance approved under this section is limited to the replacement part or equipment expressly approved by management. Labour, diagnostic charges, shipping and other associated costs are excluded unless management expressly agrees otherwise in writing.

Requests must be reported promptly by email to Service@performanceauto.ky and within the one-year period. The Client must give us an opportunity to inspect the vehicle and relevant component before third-party repairs are undertaken. Any removed component must be made available for inspection if requested.

Aftermarket modifications, performance upgrades, lift kits, lowering kits, custom fabrication and non-manufacturer modifications are excluded unless management expressly agrees otherwise in writing. Discretionary assistance may be declined where the relevant invoice remains unpaid.

Any separate manufacturer or supplier warranty is governed by its own terms. Nothing in this section excludes or restricts any right or liability that cannot lawfully be excluded or restricted.

11a. Exclusions from Discretionary Replacement Assistance

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.

11b. Counter Sales

Over-the-counter sales of parts, accessories, consumables and other goods are excluded from the discretionary replacement assistance in section 11. We do not offer change-of-mind refunds, exchanges or returns on these sales unless management expressly approves an exception in writing. Any separate manufacturer or supplier warranty remains subject to its own terms, and nothing in this clause excludes rights or remedies that cannot lawfully be excluded.

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.

14a. Client Consent — Surveys and Service Reminders

Performance Automotive Ltd. requests your separate consent to use your name, contact details and relevant vehicle/service history for the purposes you separately approve through the Tekmetric portal. These choices are voluntary and are separate from your acceptance of the repair terms. Declining or withdrawing consent will not affect your ability to obtain services.

A. Customer feedback surveys

Where the Client separately opts in through the Tekmetric portal, Performance Automotive may send requests for feedback about the Client’s experience.

B. Service and maintenance reminders

Where the Client separately opts in through the Tekmetric portal, Performance Automotive may send appointment invitations and reminders about recommended or due vehicle maintenance, including an initial reminder and a follow-up if the Client has not booked or responded.

Reminders are based on the service information available to us and are a courtesy. The Client remains responsible for following the vehicle manufacturer's maintenance requirements, monitoring mileage, warning lights and vehicle condition, and arranging timely maintenance. A reminder does not confirm that a service is required or has been completed.

Contact details and communication channels

We use the contact details recorded against the Client's Tekmetric customer record. Surveys and reminders may be sent by email, SMS/text message, WhatsApp or telephone only where the relevant purpose and channel have been separately approved. The Client should notify us if their contact details change.

Changing your choices or withdrawing consent

You may withdraw consent for either purpose or any channel at any time by emailing Service@performanceauto.ky, using an unsubscribe link provided in the message, or replying STOP to an SMS or WhatsApp message. Unless you specify otherwise, STOP or unsubscribe will stop both surveys and maintenance reminders on that channel. We will action your request without undue delay and retain a limited record of your preference to help prevent further unwanted messages. Withdrawal does not affect processing lawfully carried out before withdrawal.

These choices do not cover unrelated promotional campaigns or authorise the sale of your personal data. Service providers may process the information on our behalf to deliver messages and manage responses, subject to applicable data-protection requirements. Further information about recipients, overseas processing, retention and your rights must be provided in our privacy notice when your details are collected.

Necessary communications about an existing booking, approved work, estimates, safety issues identified during the work, collection, invoices and legal notices are separate from these optional surveys and future-maintenance reminders and may continue where there is an applicable lawful basis.

Consent is captured electronically through the Tekmetric portal; no separate handwritten signature or completion of this page is required. Acceptance of the general repair terms alone does not provide consent to optional surveys or future-maintenance reminders. Where no separate opt-in is recorded for a purpose and channel, no consent is assumed. An authorised representative signing the repair agreement cannot consent on behalf of a different individual to use that individual's personal contact details without appropriate authority.

Performance Automotive will retain the electronic consent record, including the approved purposes and channels, date, method of consent and the version of the consent wording presented, together with subsequent changes or withdrawal.

15. Bankruptcy / Insolvency of the Client

Subject to applicable insolvency law, any moratorium and court directions, if the Client becomes insolvent or enters liquidation, bankruptcy or receivership, Performance Automotive may suspend further unperformed work and issue an account for authorised work already performed, committed parts and other charges properly due. Any termination or demand for immediate payment remains subject to applicable law.

We may submit a claim in the relevant insolvency process and exercise any lawful lien or security rights. The ranking and payment of our claim are determined by applicable law and any valid security; this agreement does not create preferential creditor status.

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.

Work paid for with a gift certificate is excluded from the discretionary replacement assistance described in section 11, except where required by applicable law.

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 and Uncollected Parts

Parts awaiting an agreed installation appointment will not attract a separate parts-storage charge unless that charge is expressly agreed in advance. Parts included in a vehicle-storage charge will not also attract a parts-storage charge for the same space and period.

For parts ordered for separate collection, we will notify the Client in writing when the parts are available, identify the collection arrangements and disclose the storage terms. The notice date is day zero. We will store the parts without charge for 90 calendar days after that notice. From day 91, a storage charge of KYD $5.00 per calendar day per repair order or collection order, rather than per individual part, applies until collection or lawful disposal, subject to applicable law. Collection must be reasonably available during our notified opening hours. Charges will not accrue for delays caused by us.

If the parts remain uncollected 365 calendar days after the availability notice, we may start the applicable legal process for recovery, sale or disposal. Ownership does not automatically transfer to Performance Automotive through the passage of time. Any sale or disposal must have a lawful basis and comply with applicable notices, service requirements, third-party rights and any required court authority. The safeguards for lawful deductions, itemised accounting and surplus proceeds in section 8 also apply to uncollected parts.

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

Prior repairs may make the total diagnostic time uncertain. All testing remains subject to the initial diagnostic allowance and additional approval requirements in section 4; this section does not authorise unlimited diagnostic spending.

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

All diagnostic time properly spent within the Client-approved allowance, including approved additional testing required because of prior repairs, is billable regardless of outcome. Further approval is required before that allowance is exceeded.

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 discretionary replacement assistance under section 11, 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

Estimates, invoices, approvals and routine communications may be transmitted electronically using the Client’s latest recorded contact details. We will retain records of transmission and any available delivery confirmation and follow up on known delivery failures. Silence is not approval of work or expenditure. Sale, disposal, debt-enforcement and other formal legal notices must meet applicable legal service and timing requirements; electronic transmission alone does not override those requirements. The Client should notify us promptly of changes to their contact details.

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.

25. Acceptance Through the Tekmetric Portal

These Terms and Conditions are accepted by the Client as signed off through the Tekmetric portal, with the electronic approval recorded against the relevant estimate or repair order.

Consent to surveys and service reminders is recorded separately under section 14a and is not implied by acceptance of these Terms and Conditions.