Terms of service
[last updated April 2026]
This website is made available by Calibrated Performance Pty Ltd ABN 12 633 117 263.
The word ‘website’ means [https://www.calibratedperformance.com.au/] and all other digital or electronic platforms, email, or other form of communication that we use, including but not limited to our social media pages where available.
When you read the words ‘we’, ‘us’, or ‘our’, it means Calibrated Performance, including our officers, employees, successors and assigns. The words ‘you’, ‘your’ or ‘user’ means you, the visitor of our website.
By using our website, you are agreeing to be automatically bound by these terms of use; privacy policy [https://calibratedperformance.com.au/policies/privacy-policy], our terms of use [https://calibratedperformance.com.au/policies/terms-of-service], Purchase and Refund Policy [https://calibratedperformance.com.au/policies/refund-policy], and shipping policy [https://calibratedperformance.com.au/policies/shipping-policy].
We encourage you to carefully read and understand our terms before using our website or purchasing any products from our website. If you do not agree with any of our terms, your remedy is to stop using our website and or the products you have purchased immediately.
We may update our terms from time to time and the new provisions will apply from the date they are updated. We have included a ‘last updated’ date at the top of these terms to help you keep track of any changes.
Enquiries, feedback or complaints
If you have any questions, feedback or complaints, please contact us by email: info@calibratedperformance.com.au and we will usually respond within two business days.
Who we are?
Calibrated Performance is focused on developing high-tech and high-quality products to help improve the performance and enjoyment of race cars. We offer a wide range of products including ECU, dashboard kits, and sensors that you can purchase from our website and install for yourself. You will find on our website products that are produced and supplied by Calibrated Performance, and products that we distribute for other suppliers.
If you are looking for motorsport services or trackside support, please get in contact with us and we can connect you with our team of professional engineers who have in-depth knowledge of modern race cars and the capabilities to help you develop championship winning packages.
All care, no responsibility
We aim to display all products as accurately as possible on our website and provide you with sufficient information including the model, year, and specifications to help you purchase the correct part. While every care is taken, we make no guarantees that any product you purchase from us will be compatible with your car, suitable for your purposes, or meet your expectations. We will not be liable for any damage you suffer as a result of the incorrect selection of parts.
Please understand that all products we offer on our website are designed for motorsport use only and NOT for on-road use. We make no representations as to whether these products comply with on-road vehicle standards in Australia and or in other countries.
You acknowledge that all products available on our website require professional installation and agree that you are solely responsible for ensuring the proper installation of any product you purchase. We have no control over the installation process including how it is done or who does it for you. We disclaim all liability for any damage you suffer as a result of the incorrect use or installation by you or any other person.
We may make available on our website help files, installation guides or other support resources to provide guidance on the safe and proper use of the products. You acknowledge and agree that these are for general informational purposes only and are not to be relied upon as professional advice or recommendation. These resources are also not prepared with your specific set of circumstances in mind. If you decide to follow these resources, you do so at your own risk.
We have no control over how you will use the products including whether you will use them for their intended purposes, or whether you will follow our safety instructions or industry accepted safety standards. We disclaim all liability for any damage, injury or death you or any other person suffer as a result of your use of any product.
We cannot guarantee the availability or delivery timeframe of any product. Some products are stocked regularly, and some are special-order products which will have extended lead times. If we have items in stock, we would typically have it packaged and dispatched within 48 hours of you placing an order. Depending on where you are located and what shipping option you choose at checkout, the delivery timeframe will vary in each case.
If you wish to make a purchase of our Lotus products, we will refer you to our authorised distributor, Lotus Car Australia for you to make a purchase through them. Your details will be shared with Lotus Car Australia for this purpose. To find out more about how we handle your personal information, please see our Privacy Policy here [https://calibratedperformance.com.au/policies/privacy-policy].
If you order products on behalf of your customer, your relationship with your customer is your responsibility. Your customer has no agreement with us, and we have no obligations to your customer.
Disclaimer
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, completeness and accuracy of anything contained on our website for any purpose, to the maximum extent permitted by applicable law.
Anything contained on our website is provided “as is” without warranty or condition of any kind. You acknowledge and agree that you use our website at your own risk.
To the fullest extent permitted by law, we are not responsible for any loss or damage, however caused, that you or any other person or entity suffers because of any product sold on our website or any information available on our website.
Our website may contain links to websites operated by third parties (linked sites). The linked sites are not under our control, and we are not responsible for the contents of a linked site. We are also not responsible for any form of transmission you receive from any linked site. You should contact the relevant third party directly if you have any questions.
Any information available on or via our website may include inaccuracies or typographical errors that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors or inaccuracies, or cancel orders if any information is inaccurate, at any time without prior notice.
No unlawful or prohibited use
As a condition of your use of our website and or the products on our website, you warrant that:
- You will not use our website and or the products for any purpose that is unlawful, immoral, or prohibited by these terms of use
- You will only use the products for their intended purposes. In particular, you must not use any product for on-road vehicles
- You will at all times follow industry accepted safety standards together with any instructions provided by us for the safe and proper use of the products
- You will not misuse or mistreat the products in a way that may create a risk for your own safety or that of any other person
You expressly agree not to:
- engage in threatening, harassing or defamatory behaviour
- hack into areas of our website that are not intentionally made available to you
- use our website in any manner which could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of our website
- use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior written approval
- engage in any internal or external spamming, or other similar actions
- decompile, reverse engineer, or try to copy or imitate our website or underlying content.
Modification of products and prices
The prices and descriptions of the products on our website are subject to change, at our sole discretion, without notice.
We reserve the right at any time to modify or discontinue any product without notice at any time.
We are not liable to you or any third-party for any modification, price change, suspension or discontinuance of the website or any of the products available on the website.
Purchasing products
You can purchase products from our website by adding them to the shopping cart and completing your billing and shipping information. Your shipping fee will be calculated at checkout.
Due to the value of the products, we always ship with insurance. We may provide different insurance options for you to choose from at checkout.
We use the third-party platforms Stripe or PayPal to process your payment. We do not directly receive or store your card details or other financial information.
Unless otherwise stated, amounts shown on our website are in AUD.
Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 6.1% per annum (compounding monthly). This rate applies after as well as before any judgment.
You agree to pay any costs and disbursements incurred by us in pursuing any outstanding debt (including legal costs on a solicitor and own client basis) and collection agency costs to the extent permissible under relevant legislation.
Returns and refunds
Before purchasing anything from our webstore, please check and confirm the product is correct fitment for your application and vehicle. Unfortunately, due to the costs associated with special-order products and the irreversible programming of ECU kits, we will not accept returns or issue refunds on those products. Further to this, firmware & upgrades, sale & pre-owned items are also non-refundable. Returns and refunds on Direct Injectors, Drive Belts, Wiper Blades, and Battery Chargers are not accepted as standard, however these will be reviewed on a case-by-case basis. Please contact us before returning any of these items.
You may return any other product purchased from our website within 14 days of receiving the product, if it is unused, in its original packaging and in resaleable condition. You will be refunded the purchase price paid for the product, less a 15% restocking fee. Any delivery fee paid when you purchased the product is non-refundable. You are responsible for the shipping costs to return the item to us.
If you would like to cancel your order before it has been dispatched, you will still be liable for the restocking fee of 15% although we may provide a smaller flat rate fee to cover our time and costs of processing the refund, please contact us as soon as possible.
If there is a problem with the product, please read the warranty section below.
Warranty
Products that we are the distributor for are supplied subject to the manufacturer’s warranty only. We do not offer any extended warranty. We can refer you to the supplier if there is a problem.
All Calibrated Performance branded products are supplied with a 12-month defects warranty from the date of shipment, subject to the following exclusions.
Exclusions
Our warranty does not apply to any damage caused by:
- installation, such as installing the product(s) into the incorrect model of car
- misuse or use for an unintended purpose
- modification
- lack of maintenance
- collision or accident
Our warranty will not apply once the product(s) have been installed into a vehicle and that vehicle has completed the first lap of use.
Where warranties cannot be excluded under the Australian Consumer Law, you are entitled:
- to a replacement or refund for a major failure with the product; or
- to have the product repaired or replaced if the failure does not amount to a major failure; and
- compensation for any other reasonably foreseeable loss or damage from a failure in the product.
Defects liability period
You must give us written notice of any incomplete order or damages in the product(s) within 48 hours after you receive the products.
You must give us written notice of any defects in the product(s) within 14 days after you receive the product(s).
If you fail to notify us within this prescribed timeframe, you are deemed to have accepted the product(s) as a complete order, free from any defects or damages, and we will not accept returns or issue refunds, subject to Australian Consumer Law.
If we agree with your notice, our liability is limited in accordance with the following clause.
Limitation of liability
Notwithstanding the warranty clauses, you acknowledge and agree that our total aggregate liability for any claim(s) by you or any other person in respect of any product we provide to you, is limited at our discretion to a replacement of the product, or to a refund equal to the total amount paid by you to us for that product, subject to Australian Consumer Law.
We will not be liable to you or any other person for any damages whatsoever arising as a result of your use of the products and or reliance on information we provide, subject to Australian Consumer Law.
Intellectual Property Rights
We own all intellectual property rights in the Calibrated Performance branded products including the design, technology and support resources in relation to the products, and all contents of our website, or have permission to use and or display those material.
You must not copy, display, distribute, modify, translate, reformat, incorporate into other works, promote, create derivative works, or in any way exploit or allow others to exploit our intellectual property in whole or in part, except as expressly authorised by us in writing.
You agree not to change or delete any copyright or proprietary notice from any of our materials.
If believe that there is material on our website that infringes third party intellectual property rights, please contact us at info@calibratedperformance.com.au and provide us with sufficient information to determine who the owner of the intellectual property is. If we form the reasonable belief that there has been an infringement, we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Security
We make reasonable efforts to maintain the security of our website. However, we do not guarantee the security of our website, records or your data.
We accept no liability for any computer virus or technological problems arising from your use of our website that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your devices.
Continuous accessibility to the website is dependent upon third party services as well as our own internal operations. As a result, the website may be inaccessible from time to time.
Indemnity
You agree to indemnify and hold us harmless against any claims, damages, liabilities, costs, or expenses (including without limitation court costs, arbitration costs and legal fees on a solicitor and own client basis) related to:
- your use of a product; and or
- your breach of these terms of use.
Applicable law
This agreement is governed by the laws of Queensland, Australia. You agree to be subject to the exclusive jurisdiction and the courts of Queensland, Australia if there was a serious dispute between you and Calibrated Performance.
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of our terms, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.
Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Calibrated Performance as a result of this agreement or your use of our website and or the products.
Validity
If any part of these terms of use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms of use will continue in effect.
Entire agreement
These terms of use, our Privacy Policy and any other legal notices displayed on our website or entered into with you in writing (including as amended from time to time) form the entire agreement between us and anything else discussed beforehand or afterward is not part of our agreement unless it was included.
Terms & Conditions – Calibrated Performance ECU Upgrade Giveaway
- Eligibility:
This giveaway is open only to customers who purchase a Calibrated Performance ECU Upgrade Kit from the following collection page: https://calibratedperformance.com.au/collections/cp-ecu and have their order shipped within Australia. Orders from outside Australia are not eligible to enter.
- Entry Period:
Entries are valid for purchases made between [May 29 2025] and [June 30 2025] (both dates inclusive). Orders placed outside this period will not be eligible.
- How to Enter:
Customers will be automatically entered into the giveaway upon purchasing any Calibrated Performance ECU Upgrade Kit from the linked collection during the entry period. No additional sign-up or form submission is required.
- Prize:
One (1) winner will receive a free remote engine calibration and tuning session (up to 8hrs) tailored to the vehicle associated with their ECU upgrade purchase. Not included: Dyno hire and time, as well as any additional parts, repairs, or modifications outside the calibration and tuning service. These costs are the responsibility of the winner.
- Winner Selection:
The winner will be drawn at random from all eligible entries. The draw will take place on [July 3 2025]. The winner will be notified within 1 week via email or phone using the contact information provided at the time of purchase.
- General Conditions:
Calibrated Performance reserves the right to cancel or modify the giveaway if fraud, technical failures, or any other factor beyond our control impairs the integrity of the giveaway.
Employees of Calibrated Performance and their immediate families are not eligible to enter.
The prize is non-transferable and cannot be exchanged for cash or other products/services.
By entering, participants agree to these Terms & Conditions and to Calibrated Performance’s privacy policy.
- Privacy:
Personal information collected for the giveaway will only be used for the purpose of administering the giveaway and contacting the winner. It will not be shared with third parties.
- Governing Law:
This giveaway and these Terms & Conditions are governed by the laws of Queensland, Australia.
- Contact Information: For any inquiries about the giveaway, please contact us at:
Email: info@calibratedperformance.com.au
Phone: + 61 7 3497 5863
Website: https://calibratedperformance.com.au/