Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Curt’s Performance Fabrication. Throughout these Terms, “we”, “us” and “our” refer to Curt’s Performance Fabrication.
These Terms of Service apply when you browse our website, purchase a product, submit information or otherwise use our online services. By using this website or placing an order, you agree to these Terms together with our Privacy Policy, Shipping Policy and Return and Refund Policy.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
1. PRODUCTS AND SERVICES
We aim to describe and photograph our products accurately. Because many products are handmade, fabricated or finished to order, minor variations in weld appearance, surface finish, dimensions or color may occur where they do not materially affect the product’s agreed function or specification.
Product images may include vehicles, tools, fittings or related components that are not included in the purchase. The product description identifies what is supplied.
We may change or discontinue products, specifications and prices at any time. Changes will not affect an order already accepted unless agreed with the customer.
2. PERFORMANCE PARTS, SUITABILITY AND INSTALLATION
Our products include automotive performance, fabrication and motorsport-related components. Customers are responsible for checking dimensions, specifications, vehicle compatibility and intended use before ordering.
Unless expressly stated otherwise, products should be installed, inspected and tested by a suitably qualified and experienced person.
Some performance products may not be suitable or approved for public-road use in every vehicle or jurisdiction. The customer and installer are responsible for confirming compliance with applicable vehicle standards, engineering requirements, registration rules, competition regulations and local laws.
Products should be inspected and test-fitted before being welded, cut, coated, painted, modified or used. Damage or failure caused by incorrect selection, improper installation, misuse, incompatible components, unauthorized modification, accident, neglect or operation outside the product’s intended purpose is not considered a product fault.
3. CUSTOM AND MADE-TO-ORDER PRODUCTS
Custom and made-to-order products may be manufactured using measurements, drawings, specifications or instructions supplied or approved by the customer.
The customer is responsible for ensuring that supplied information is complete and accurate. Curt’s Performance Fabrication is not responsible for fitment issues caused by incorrect customer-supplied information where the finished product matches the agreed specifications.
Changes requested after materials have been ordered or fabrication has commenced may incur additional charges and may extend the completion timeframe.
Custom and made-to-order products cannot be cancelled or returned once materials have been ordered or work has commenced, except where required by Australian Consumer Law or where we agree otherwise in writing.
4. ORDERS
Submitting an order is an offer to purchase. An order is accepted when we confirm acceptance or begin preparing, ordering materials for or fabricating the product.
We may decline or cancel an order where:
- A product or pricing error has occurred
- Materials are unavailable
- We cannot safely or lawfully manufacture or supply the requested product
- Payment cannot be authorized
- Fraud or unauthorized activity is reasonably suspected
- Shipping to the nominated destination is unavailable
If we cancel an order after receiving payment and no goods or services have been supplied, we will refund the applicable amount.
Customers must provide complete and accurate order, contact, billing and delivery information.
5. PRICING AND PAYMENT
Prices are displayed in Australian dollars. Prices displayed to Australian consumers include applicable GST unless expressly stated otherwise.
Shipping, oversized freight or other clearly disclosed charges may be added and shown before the order is confirmed. Custom freight or fabrication charges will be communicated where a standard checkout amount is unavailable.
Payment must be successfully processed before an online order proceeds unless we have agreed to different payment terms in writing.
6. LEAD TIMES, SHIPPING AND COLLECTION
Many CPF products are fabricated, prepared or finished to order. Unless a different timeframe is stated on the product page, customers should allow approximately 1–2 weeks for preparation and dispatch.
Custom, oversized and complex fabricated products may require 4–6 weeks or longer depending on workshop demand, supplier availability and the work involved.
Delivery time is additional to fabrication and preparation time. Carrier timeframes are estimates and may be affected by circumstances outside our reasonable control.
Local pickup is available by prior arrangement. Customers must wait for confirmation that an order is ready before attending the workshop.
Further information is available in our Shipping Policy.
7. RETURNS, FAULTS AND REFUNDS
We do not offer returns, exchanges or refunds for change of mind, incorrect selection or a customer no longer requiring an item.
Products cannot be returned after being installed, used, welded, cut, coated or otherwise modified, except where the issue is covered by rights that cannot be excluded under Australian Consumer Law.
If goods are faulty, incorrectly supplied, materially not as described or otherwise fail to meet an applicable consumer guarantee, please contact us promptly. Depending on the circumstances and applicable law, the remedy may include repair, replacement or refund.
Further information is available in our Return and Refund Policy.
8. INTELLECTUAL PROPERTY
Website content, including CPF branding, logos, product designs, photographs, videos, graphics, written material and original fabrication content, is owned by or licensed to Curt’s Performance Fabrication unless otherwise stated.
Content may not be copied, reproduced, republished, sold or used commercially without our prior written permission, except where permitted by law.
Vehicle and third-party brand names may be used only to describe compatibility or intended application. Unless expressly stated, this does not imply sponsorship, endorsement or an official partnership with the relevant manufacturer.
9. WEBSITE INFORMATION
We take reasonable care to keep website information accurate and current. Occasionally, information may contain typographical errors, inaccurate availability, incorrect pricing or omissions.
Where an obvious error affects an order, we will contact the customer and provide an opportunity to proceed with corrected information or cancel the affected order.
We do not guarantee that the website will always operate without interruption, delay or technical error.
10. THIRD-PARTY SERVICES AND LINKS
Our website is hosted by Shopify and may use third-party payment providers, carriers, applications or links.
Third-party services are governed by their own terms and privacy practices. Curt’s Performance Fabrication is not responsible for a third-party website or service beyond the extent required by applicable law.
11. PROHIBITED USE
You must not use this website:
- For unlawful, fraudulent or malicious activity
- To submit false or misleading information
- To interfere with website security or operation
- To introduce viruses or harmful code
- To infringe intellectual property or privacy rights
- To scrape, reproduce or commercially exploit website content without permission
- To impersonate another person or entity
We may restrict access where these Terms are breached.
12. WARRANTIES AND AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.
To the extent permitted by law, any warranty or representation not expressly stated in these Terms, the product description or required by law is excluded.
Nothing in these Terms excludes liability for fraud, willful misconduct, personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
13. LIMITATION OF LIABILITY
To the extent permitted by law, Curt’s Performance Fabrication is not liable for indirect or consequential loss arising from:
- Incorrect product selection
- Improper or unsafe installation
- Use with incompatible components
- Unauthorized modification
- Competition or motorsport use
- Failure to comply with vehicle, engineering or legal requirements
- Customer-supplied measurements, drawings or instructions that are incorrect
- Events outside our reasonable control
Where liability may legally be limited, it will be limited to the extent permitted by applicable law.
14. INDEMNITY
To the extent permitted by law, you agree to compensate Curt’s Performance Fabrication for reasonable loss or expense arising directly from your unlawful use of the website, infringement of another person’s rights or material breach of these Terms.
This clause does not apply to the extent that the loss was caused or contributed to by Curt’s Performance Fabrication.
15. PRIVACY
Personal information is handled in accordance with our Privacy Policy and applicable privacy laws.
Shopify and other service providers may process information necessary to operate the store, process payments, communicate with customers and fulfil orders.
16. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.
17. WAIVER AND ENTIRE AGREEMENT
A failure or delay in enforcing a right under these Terms does not waive that right.
These Terms and the policies referenced within them form the agreement governing online purchases and use of this website, together with any specific written quotation, product description or agreement applying to an order.
18. GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws.
The parties submit to the jurisdiction of the courts and tribunals of Victoria and any courts entitled to hear appeals from them.
19. CHANGES TO THESE TERMS
We may update these Terms by publishing a revised version on this website. Changes apply from the date they are published and do not retrospectively alter an order already accepted unless required by law or agreed with the customer.
20. CONTACT INFORMATION
Questions about these Terms may be directed to:
Curt’s Performance Fabrication
ABN: 70 674 420 121
Phone: 0402 512 594
Address: Factory 1, 33 Rimfire Drive, Hallam VIC 3803, Australia
Workshop visits and local pickup are available by prior arrangement.