Tesla or is a Full EV
1. Definitions, Acknowledgement and Assumption of Risk
1.1 In this Agreement:
(a) "Company" means Performance Automotive Ltd., its directors, officers, employees, contractors, agents, successors, and assigns;
(b) "Client" means the registered owner of the Vehicle and any person acting on behalf of or with the authority of the registered owner;
(c) "Vehicle" means the Tesla vehicle or other electric vehicle ("EV") delivered to the Company for inspection, diagnostics, maintenance, repair, programming, calibration, storage, transportation, or related services;
(d) "Services" means all work, labour, diagnostics, inspections, repairs, maintenance, programming, software-related procedures, calibration, transportation, storage, procurement of parts, and any other services provided by or arranged through the Company.
1.2 The Client acknowledges and agrees that the Vehicle is a technologically complex product whose operation, repair, maintenance, software functionality, diagnostics, calibration, and component replacement may be subject to restrictions imposed by the manufacturer, suppliers, software providers, third-party service providers, governmental authorities, customs authorities, shipping carriers, and other entities beyond the Company's control.
1.3 The Client further acknowledges and agrees that the Company operates within the Cayman Islands and that the availability of manufacturer-authorized support, diagnostic tools, software access, technical information, replacement parts, specialized equipment, and related resources may be limited, delayed, restricted, unavailable, or subject to conditions imposed by third parties.
1.4 The Client expressly accepts and assumes all risks associated with such limitations, including but not limited to delays, increased costs, incomplete repairs, alternative repair methodologies, software limitations, parts procurement issues, transportation risks, and circumstances that may prevent the Company from completing the Services in the manner or timeframe originally anticipated.
1.5 The Company shall use reasonable skill, care, and diligence in performing the Services but makes no representation, warranty, or guarantee that:
(a) any repair will be successful;
(b) any fault or defect can be identified or rectified;
(c) any manufacturer functionality, software feature, or system will remain available following repair;
(d) any particular completion date can be achieved; or
(e) any component, system, or feature will be capable of being repaired, programmed, calibrated, or restored.
1.6 The Client authorizes the Company to take all actions reasonably necessary to perform the Services, including engaging third-party suppliers, technicians, repair facilities, shipping providers, programmers, calibrators, consultants, and other service providers as the Company considers reasonably necessary.
1.7 The Client acknowledges that the Company is being engaged on the basis of the acknowledgements, assumptions of risk, limitations of liability, exclusions, authorizations, and indemnities contained in this Agreement and that such provisions are material terms of the contractual relationship between the parties.
All rights reserved.