Goods and Services Terms & Conditions

REVISED — LAST UPDATED: 6 JULY 2026

1. Agreement & Scope of Services

1.1 Covered Operations.

These Terms and Conditions apply to all diagnostics, bench testing, repairs, programming, coding, cloning, software customization, tuning, and related automotive electronic services provided by ECU Lab Sydney (ABN: 76 719 742 428).

1.2 Acceptance of Terms.

By submitting a vehicle or electronic module (including but not limited to ECUs, TCUs, BCMs, ABS modules, or instrument clusters) via our physical or online Test Form, you agree to be legally bound by these Terms. This agreement is subject to any statutory consumer rights that cannot be excluded under the Australian Consumer Law (ACL).

1.3 Electronic Acceptance.

Where our Test Form, booking portal, or intake process is completed online or on a tablet/electronic device, ticking an acceptance box, providing an electronic signature, or otherwise submitting the form constitutes valid acceptance of these Terms, equivalent to a handwritten signature.

2. Framework Under Australian Consumer Law (ACL)

2.1 Non-Excludable Guarantees.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot legally be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

2.2 Statutory Notice of Rights.

Mandatory Consumer Guarantee Notice
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and obtain a refund for the unused portion, or to compensation for the drop in value below the price you paid. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

2.3 Additional Required Disclosures.

In addition to the notice above, and in connection with any warranty against defects we provide under Section 10:

• The benefits given to you under our commercial repair warranty (Section 10) are in addition to, and do not limit or exclude, your other rights and remedies under the ACL.
• To make a claim under our commercial repair warranty, contact us using the details in the “Business & Intake Details” section of this document and follow the process set out in Section 10.3.
• Except where the ACL provides otherwise, you are responsible for the cost of returning the module to us for a warranty inspection (see Section 10.3); we are responsible for the cost of remedying a verified defect.

3. Estimates and Final Quotes

3.1 Prior to Inspection.

All pricing structures provided verbally, via written estimates, or listed on our online booking portals before a physical inspection are estimates only.

3.2 Finalization.

Final project pricing is explicitly confirmed and calculated after component-level inspection and bench testing at our Hornsby workshop. All final figures are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST).

4. Bench Testing, Diagnostic Fees & No Fault Found (NFF)

4.1 Standard Diagnostic Fee.

A non-refundable bench testing and assessment fee of AUD $175.00 applies to all modules processed by our technicians. This fee compensates for technician time, specialist diagnostic equipment, engineering expertise, software parsing, and testing procedures, and is payable regardless of the repair outcome once diagnostic work has commenced.

4.2 Application of Fee.

This fee remains strictly due and payable regardless of the testing outcome. It applies in full where:

• No Fault Found (NFF): The submitted module successfully passes all applicable bench tests and no internal component fault is identified. A ‘No Fault Found’ result indicates the operational issue most likely resides on the vehicle side (e.g., wiring harness, short circuits) and does not mean the vehicle itself is free from faults.
• The module is diagnosed as fundamentally unrepairable due to severe water damage, processor core failure, or prior repair attempts.
• A repair solution is proposed but explicitly declined by the customer, or is structurally unsuccessful due to pre-existing damage.

5. Repair Authorisation & Handling Risks

5.1 Authorization of Testing Procedures.

By submitting a module or vehicle to us, you grant explicit authorization to ECU Lab Sydney to open, inspect, bench test, solder, desolder, repair, clone, program, and carry out any diagnostic procedures reasonably required to analyze or remedy the module.

5.2 Inherent Diagnostic Risks.

Electronic modules may fundamentally fail or deteriorate during the physical course of diagnosis or repair due to volatile pre-existing variables, including internal copper corrosion, latent micro-component fatigue, prior third-party repair attempts, or component age. ECU Lab Sydney is not responsible for any failures caused directly by the module’s pre-existing structural condition.

6. Programming, Cloning & Data Extraction

6.1 Data Dependency.

Programming, coding, and module cloning procedures depend entirely on the physical stability and clean readable memory of the source and target modules.

6.2 Software Safeguards.

While we take every reasonable professional care during memory extractions, the successful recovery, backup, or restoration of original software, vehicle coding, immobilizer synchronizations, or unique calibration data cannot be strictly guaranteed.

6.3 Road-Legality and Compliance of Tuning Work.

Any performance tuning, remapping, or software customization is carried out solely at the customer’s request and risk. It is the customer’s sole responsibility to ensure that any tuned, modified, or customized module complies with all applicable Australian Design Rules, state registration requirements, emissions standards, and road-use laws, and remains suitable for its intended use (including any distinction between road use and closed-course/off-road use). ECU Lab Sydney gives no warranty that tuned software is compliant or road-legal in any jurisdiction, and is not responsible for fines, deregistration, insurance disputes, or failed inspections arising from the customer’s use of tuned software.

7. Customer & Installation Responsibilities

7.1 Vehicle-Side Inspection.

Customers or their designated mechanical workshops must comprehensively inspect the host vehicle for wiring harness faults, short circuits, volatile power delivery, poor grounding networks, active water ingress, and damaged pin connectors before reinstalling a module.

7.2 Scope of Module Repairs.

The successful component-level repair or cloning of an electronic module does not guarantee the complete resolution or repair of the vehicle’s overarching faults if external issues remain unaddressed.

7.3 Accuracy of Customer Information.

Customers are responsible for providing complete and accurate vehicle, module, and fault information at the time of booking or intake. ECU Lab Sydney is not responsible for delays, incorrect programming, misdiagnosis, or additional costs arising from inaccurate or incomplete information supplied by the customer.

8. Customer-Supplied Modules

8.1 Compatibility Disclaimer.

ECU Lab Sydney assumes no responsibility or liability for the internal condition, physical compatibility, or functional suitability of replacement ECUs or control modules sourced and supplied directly by the customer.

8.2 Surcharges.

Additional diagnostics, handling, or reprogramming labor charges may apply if a customer-supplied unit is found to be incorrect, incompatible, or defective.

9. Mail-In Services, Freight & Risk

9.1 Transit Inbound.

For mail-in repair services, you are solely responsible for securely padding, packaging, and sending your modules. Shipping insurance and high-grade tracking options are strongly recommended.

9.2 Passing of Risk.

Risk of loss, theft, or physical transit damage to the module remains with you during inbound transit. Risk only passes to us once the package is physically delivered and signed for at our Hornsby workshop. Upon completion, risk transfers back to you the moment the module is dispatched and handed over to Australia Post or our designated courier provider.

9.3 Freight Expenses.

Unless an alternative arrangement is agreed to in writing, or a return is legally mandated due to a verified breach of an ACL consumer guarantee, all inbound and outbound return freight, postage, and transport insurance costs are payable by the customer.

10. Commercial Repair Warranty

10.1 Return-to-Base Scope.

Unless explicitly specified otherwise on your tax invoice, our professional repairs include a 12-month return-to-base warranty covering only our specific component workmanship and the specific fault repaired. This warranty excludes any unrelated component failures that may develop post-repair. This warranty is provided in addition to, and does not limit or exclude, your rights under the Australian Consumer Law — see Section 2.

10.2 Warranty Commencement.

Unless otherwise stated in writing, the 12-month warranty period commences on the date shown on the original tax invoice for the repair.

10.3 Warranty Claim Validation.

All warranty claims require the module to be returned to ECU Lab Sydney for inspection and testing before any formal warranty decision, repair, or remedy is granted. To make a claim, contact us using the details in the “Business & Intake Details” section. Return freight expenses to our facility remain the responsibility of the customer unless otherwise agreed or unless the ACL requires otherwise.

11. Warranty Exclusions & Void Conditions

11.1 Immediate Invalidation.

Your commercial warranty is rendered immediately void and inapplicable where damage or module failure results from:

• Incorrect vehicle installation, external wiring network faults, short circuits, reverse polarity, or charging system voltage spikes.
• Subsequent water ingress, fluid migration via the harness, accident impact damage, physical misuse, or vehicle fire.
• Evidence of physical tampering, sliced casings, broken enclosure seals, or repair attempts by a third party or external mechanic.

11.2 Secondary Damage.

If unresolved vehicle-side wiring or engine component faults cause secondary damage to the newly repaired module upon reinstallation, the warranty does not apply.

12. Limitation of Liability & Indemnity

12.1 Exclusion of Consequential Loss.

To the maximum extent permitted by law (including the ACL and the Civil Liability Act 2002 (NSW)), ECU Lab Sydney is not liable for third-party workshop labor fees, flatbed towing or vehicle recovery charges, car hire or rental vehicle costs, loss of business profits, commercial downtime, or any other indirect or consequential financial losses.

12.2 Cap on Liability.

Except where the ACL provides otherwise, our maximum liability for any breach, failure, or claim is strictly limited to the exact dollar amount paid to us for the specific service or module in question.

12.3 Customer Indemnity.

To the maximum extent permitted by law, you indemnify ECU Lab Sydney against any loss, claim, fine, or liability we incur arising from: (a) your use of a tuned, cloned, or reprogrammed module on public roads or in competition; (b) inaccurate information you provided about the vehicle or module; or (c) a third party’s claim connected to your use of the repaired, tuned, or supplied module. This indemnity does not apply to the extent a loss was caused by our negligence or a failure of a non-excludable consumer guarantee.

13. Payment, Storage Fees & Uncollected Goods

13.1 Cleared Funds Required.

Clear payment in full via electronic bank transfer, credit/debit card, or PayPal is strictly required before any modules are dispatched, collected, or before a vehicle is released from our workshop premises.

13.2 Uncollected Items and Storage.

If a module or vehicle remains unpaid or uncollected for more than 90 days from the date we notify you that testing or repairs are finalized, we reserve the right to apply reasonable daily storage charges.

13.3 Disposal Rights.

Following the conclusion of the 90-day notification period, uncollected items will be handled as uncollected goods. We reserve the statutory right to sell, dispose of, or destroy the items to recover our outstanding parts, labor, and storage costs in strict accordance with the Uncollected Goods Act 1995 (NSW).

14. Intellectual Property

14.1 Software Ownership.

Custom engine tuning files, specialized software modifications, immobilizer configurations, and map calibration files developed or applied by ECU Lab Sydney remain the exclusive intellectual property of ECU Lab Sydney unless explicitly agreed otherwise in writing.

15. Privacy

15.1 Data Handling.

Any personal information, vehicle registration data, or contact details gathered during the intake or service process are securely managed and handled in strict compliance with the Privacy Act 1988 (Cth) and ECU Lab Sydney’s Privacy Policy, available at www.eculabsydney.com.au/privacy-policy or on request.

16. Complaints & Dispute Resolution

16.1 Raising a Concern.

If you have a concern about our service or a warranty claim, please contact us in the first instance using the details in the “Business & Intake Details” section below. We aim to acknowledge complaints within 2 business days and provide a substantive response within 10 business days.

16.2 Escalation.

If a concern is not resolved to your satisfaction, you may raise the matter with NSW Fair Trading, the Australian Competition and Consumer Commission (ACCC), or the NSW Civil and Administrative Tribunal (NCAT). Nothing in this clause limits your right to pursue any remedy available to you under the ACL at any time.

17. General Provisions

17.1 Variation.

We may update these Terms from time to time. The version in force at the time you submit a module or vehicle to us applies to that job. Updates will not retrospectively affect a job already accepted.

17.2 Force Majeure.

We are not liable for any delay or failure to perform an obligation under these Terms caused by events reasonably beyond our control, including courier or freight disruptions, supplier shortages, power or systems outages, or extreme weather.

17.3 Severability.

If any provision of these Terms is found to be void, unenforceable, or illegal, that provision is severed and the remainder of these Terms continues in full force and effect.

17.4 Entire Agreement.

These Terms, together with your accepted quote or tax invoice, constitute the entire agreement between you and ECU Lab Sydney in relation to the services, and supersede any prior representations not recorded in writing.

18. Governing Jurisdiction

18.1 Law of the State.

These Terms and Conditions are governed by, interpreted, and enforced strictly according to the laws of New South Wales, Australia. Any legal proceedings, disputes, or claims arising from or connected to our services must be brought exclusively within the courts or tribunals of New South Wales (such as NCAT or the Local Court of NSW).

Business & Intake Details

Business Name: ECU Lab Sydney

ABN: 76 719 742 428

Address: Unit 2 / 29 Leighton Place, Hornsby NSW 2120

Contact Channels

Website: www.eculabsydney.com.au

Email: service@eculabsydney.com.au

Phone: 0432 658 784

This document is provided for the customer’s general reference and does not constitute legal advice. ECU Lab Sydney recommends having these Terms reviewed by a qualified Australian solicitor before publication, particularly Sections 2, 6.3, and 12.3.