1. Definitions
In these conditions unless the context otherwise requires:
Company means Xtremetuning Limited.
Buyer means the person, or company buying the products and/or services from the Company.
Lessee means the individual, company, or authorized entity that enters into a lease agreement with the Company for the use of ECU programming tools and associated equipment. This includes, but is not limited to, dealers and resellers who utilize ECU programming tools provided by the Company. The Lessee assumes responsibility for the proper use, care, and return of the leased items in accordance with the terms and conditions outlined in this agreement.
Lessor means, the Company supplying ECU programming tools and associated equipment under a lease agreement. For the purposes of this document, the terms “Lessor” and “Company” are used interchangeably and refer to the same legal entity responsible for providing the leased goods and enforcing the terms of this agreement.
Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
Contract means the contract between the Company and the Buyer for the purchase of the products and/or services.
Date of the contract means where the contract arises from a quotation given by the Company,
i) the date of acceptance of the order by the Company; or
ii) where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
Contract price means the price of products and/or services as agreed between the Buyer and the Company.
Person includes a corporation, association, firm, company, partnership or individual.
Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker or the individual client.
PPSA means the Personal Property Securities Act 1999.
Services shall include all labour, parts, expenses and sub-contractors’ services supplied by the Company to customers. All invoices rendered shall include services provided.
2. Quotation
The Buyer may request a Quotation from the Company setting out the price and quantity of the products and/or services to be supplied.
If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable time-frame.
3. Acceptance
If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the Terms and Conditions contained herein.
Upon acceptance of these terms and conditions by the Buyer, the Terms and Conditions are definitive and binding.
3.1 Business Clarity and Accountability
The transaction between the Company and Dealers is executed independently and in good faith. Once the order is placed by the Dealer and fulfilled on the Company’s end, the Company’s contractual obligation is completed. There may have been complications in Dealers’ resale process, any downstream issues between the Dealer and their customer do not alter the original agreement between the Company and our Dealer.
Simply put, the Company’s financial compensation for the product should remain unaffected, regardless of third-party complications, as the Company are not involved in or privy to the terms of that external deal.
4. Terms and Conditions
These Terms and Conditions and any subsequent Terms and Conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
5. Price
- 5.1 The Price shall be as indicated on Invoices provided by the Company to the Buyer in respect of products and/or services supplied; or
- 5.2 The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
- 5.3 Time for payment for the products and/or services shall be of the essence and will be stated on the Invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods.
- 5.4 The Buyer agrees that the cost price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
- 5.5 The Company reserves the right to implement a surcharge for alterations to specifications of products and/or services after the order has been placed.
6. Payment, Late Payment, Refund, Default of Payment and Consequences of Default of Payment
- 6.1 The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
- 6.2 Subject to any provision to the contrary in the Contract, payment (being cash or Direct Credit unless otherwise arranged in advance and confirmed in writing by the Company or appointee) shall be received on or before the 3rd day after the Invoice to the Buyer, which shall be issued promptly on or after delivery of the goods and/or services.
- 6.3 A Deposit may be requested to secure a service. All Deposits are Non-Refundable.
- 6.4 Late payment shall incur interest at the rate of 2.5% per month compounding and calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
- 6.5 All costs and charges relating to recovering to recovering overdue or unpaid Invoices will be payable by the Buyer
- 6.6 If an account remains unpaid the creditor may list the Buyer as a Defaulter on any Public Databases.
- 6.7 The Buyer agrees that information can be released to a third party for the purpose of locating the Buyer’s whereabouts to enable collection of overdue Invoices
- 6.8 Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
- 6.9 In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
- the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
- 6.10 Refund
- The Company doesn’t have a “changed my mind” policy.
- On a case-by-case bases the Company might offer a credit that the Buyer can use at a later date
- A full or partial refund can be offered when the Buyer can prove that there is a fault with the product
- Read more: https://www.consumer.org.nz/articles/returns-and-refunds
7. PPSA
- 7.1 The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.
- 7.2 The Buyer agrees to promptly execute and deliver to the Company all assignments, transfers and other agreements and documents and do anything else which the Company may deem appropriate to perfect the Company’s security interest over the Buyer, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of the Company.
- 7.3 To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
- 7.4 To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.
- 7.5 The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.
8. Governing laws
These Terms of Service will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Service.
9. Dispute resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
10. Reservation of title
Ownership and title of any goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
11. Returns and ECU Programming Tool Policy
11.1 Lease Basis and Ownership
All ECU programming tools supplied by the Company are provided strictly on a lease basis.
Unless explicitly stated otherwise in a separate written agreement signed by both parties, all ECU programming tools, cables, accessories, and associated components remain the sole property of the Company at all times.
All slave tools supplied by Xtremetuning Ltd are non‑transferable. They remain permanently locked to Xtremetuning’s master system and cannot be released, reassigned, unlocked, or transferred to any other master or tuning provider. Customers must ensure they understand this limitation before entering into a lease or subscription agreement.
11.2 Lessee Responsibilities
The Lessee is responsible for the proper care, handling, and operation of all leased equipment. This includes, but is not limited to:
• ECU programming tools
• tuning boxes
• tuning cables
• bench/boot cables
• power supplies
• passthrough devices
• any accessories or components supplied as part of the lease
Normal wear and tear from regular operation is acceptable and does not constitute damage.
11.3 Damage, Misuse, and Negligence
The Lessee is liable for any damage resulting from misuse, negligence, or improper operation, including but not limited to:
• exposure to rain, moisture, or unsuitable environmental conditions
• placing equipment on excessively hot surfaces (e.g., engine bays)
• dropping, crushing, or mishandling components
• using incompatible power sources or adapters
• attempting unauthorised repairs or modifications
Any such damage may incur repair or replacement costs as determined by the Company.
11.4 Return of Equipment
Upon termination, expiry, non‑renewal, or non‑payment of the lease, the Lessee must return all leased equipment to the Company within five (5) business days, at the Lessee’s cost.
Goods returned without prior authorization or in a manner inconsistent with these conditions may be declined.
11.5 Late‑Possession Fees
If the Lessee retains the equipment beyond the lease expiry date or after non‑payment, a late‑possession fee will apply.
The fee is calculated at:
• 5% of the total replacement value of the leased equipment per month, or
• 0.166% per day,
until the equipment is returned to the Company in full.
Late‑possession fees begin accruing the day after the lease expires or becomes unpaid.
11.6 Replacement Value of Equipment
If leased equipment is lost, stolen, damaged beyond repair, or not returned within the required timeframe, the Lessee will be invoiced for the full replacement value of the equipment, including GST.
Replacement value is based on the current retail price of the tools and accessories supplied, including:
• ECU programming tools
• cables
• power supplies
• passthrough devices
• any other leased components
11.7 Non‑Return and Recovery
If the Lessee fails to return the equipment or refuses to do so:
• the equipment will be deemed lost or unlawfully retained,
• the Company may issue an invoice for the full replacement value, payable within three (3) business days,
• and the Company reserves the right to pursue recovery through the appropriate legal or Tribunal process, including recovery of:
• replacement value,
• late‑possession fees,
• filing fees,
• and any associated costs.
11.8 Handling Fees
If goods are returned and found to have no material defect, the Company reserves the right to apply a handling or inspection fee.
11.9 Return Shipping Costs
All expenses related to the return, delivery, or shipment of leased goods are the sole responsibility of the Lessee.
12. ECU Programming and Tuning
The Company does not take any responsibility for failure of ECUs during OBD or direct connection write or guarantee any communication protocols supplied by Alientech, Autotuner, BitBox, CMD, Magic Motorsport, PCM Flash, ECUToy, MMC Flasher or any other 3rd party flashing device. Any costs due to failed writes or hardware damage due to opening are not covered by the Company.
Travel time and cost to rectify failed ECU writes or updates to a vehicle’s engine software because of tool writing, dealer updates or fixes from the Company is not covered by the Company.
The Company does not accept any liability for vehicles with emissions solutions or defeats/deletes, if an engine fails or another system fails this is not a responsibility of the Company.
The Company reserve the right to place editing or writing locks in tuned files.
13. Performance gains
All performance gains published on The Company’s website or The Company’s Facebook business page are only indicative and subject to the condition of power train. Published gain values are also depending on our customers’ request.
14. Warranty
14.1 The Company provides a 90‑day warranty on tuning files supplied through our File Service Portal and on all retail passenger‑car tuning services. This warranty covers correction of any proven file‑related issues.
14.2 For commercial vehicles, the Company provides lifetime support for the original tuning file, provided that:
• the vehicle remains in the same hardware configuration as when it was tuned
• the ECU/TCU software has not been altered, overwritten, or updated by a dealer or third party
• no additional modifications have been carried out that affect engine, emissions, or drivetrain operation
• the customer provides diagnostic evidence showing the issue is file‑related
14.3 Lifetime support covers file corrections only. It does not include new tuning work arising from:
• hardware upgrades or changes
• emissions‑related modifications
• customer preference changes
• fuel quality differences
• mechanical or electrical faults
• wear‑and‑tear or maintenance issues
14.4 The warranty and lifetime support are void if the file has been modified, replaced, or overwritten by any third party, or if the vehicle has been altered since the original tune.
14.5 The Company is not responsible for issues caused by mechanical faults, electrical faults, poor maintenance, aftermarket parts, or pre‑existing conditions. These are the customer’s responsibility.
14.6 The Company does not guarantee specific performance outcomes, fuel economy improvements, or drivability characteristics, as results depend on vehicle condition, hardware, fuel quality, and maintenance.
14.7 The Company is not liable for any consequential, indirect, or economic loss, including downtime, transport costs, loss of income, or dealer warranty decisions.
15. Liability
- 15.1 The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
- 15.2 The Company is not responsible for enquiring or establishing what the vehicle will be used for, prior, during or in future, nor its compliance status or requirement(s) for road worthiness and safety.
- 15.3 The Company’s duty is to fulfill the request to perform software modifications on the factory OEM ECU of the vehicle provided by the vehicle owner at time of tuning, for the purpose of service/product to be performed/implemented as agreed.
Any further requirements of and or for vehicle use are solely the vehicle owner(s) responsibility. - 15.4 The Company is not responsible for any prior modifications or future modifications made on the vehicle, unless that modification is exclusively provided by the Company in the form of ECU software modification.
- 15.5 When modifying ECU software contents, there may be a requirement for the vehicle to go through inspection and recertification with a registered LVV centre or other authorized body. This inspection and recertification responsibility is solely the duty of vehicle owner(s) and not that of the Company. Furthermore, it is the choice and decision of the vehicle owner to disclose the state of modification of their vehicle; whether asked, prompted or through unsolicited voluntarily disclosure.
16. Lost / wiped software
There are other third parties including the Dealerships who have the tools and skills to overwrite or wipe the tuning that the Company provided for the Buyer. It is the Buyer responsibility to protect the investment purchased from the Company by requesting any third party not to modify the ECU firmware after receiving a remapping service from the Company. The Company does not provide a free second tuning or free new tuning for Buyers who forget to notify or not wanting to notify third parties about the software modification provided by the Company.
17. Acceptance of goods and/or services
By acceptance of the Company’s goods and/or services the Buyer is understood to have read and accepted the Terms of Service as outlined in this document.
18. Changes to Terms
The Company reserves the right to modify these Terms of Service at any time, without prior notice. Continued use of the Company’s services constitutes acceptance of any changes.