Terms & Conditions

T & D Jetski Performance

Terms and Conditions of Trade

These Terms and Conditions apply to all inspections, diagnostics, repairs, servicing, modifications, storage, supply of parts, and related works performed by the trustee of The Jackson Family Trust trading as T & D Jetski Performance (“the Company”).

By delivering any watercraft, engine, trailer, component, or parts to the Company, the customer enters into a contract with the Company and agrees to these Terms and Conditions.

  1. Authority to Perform Work

1.1 The customer authorises the Company to inspect, diagnose, dismantle, test, service, repair, modify, or otherwise work on the watercraft or supplied parts as reasonably required.

1.2 The Company may rely on instructions from any person reasonably believed to be authorised by the owner, including family members, transporters, or representatives.

1.3 Approvals communicated via phone, SMS, email, or other electronic means are legally binding instructions.

  1. Quotations and Estimates

2.1 Quotations are estimates based on visible and known conditions at the time of inspection.

2.2 Additional faults or damage may become apparent during dismantling or testing.

2.3 The Company may vary quotations where further repairs are required and will notify the customer where reasonably practicable before continuing work.

  1. Diagnostic Work

3.1 Diagnostic and inspection labour is chargeable whether or not repairs proceed.

3.2 The Company may dismantle components as reasonably required to identify faults.

3.3 The customer may nominate a pre-approved diagnostic limit; additional work will be authorised where practicable.

  1. Payment Terms

4.1 Payment is due immediately upon completion of works unless otherwise agreed in writing.

4.2 The Company reserves the right to require deposits prior to commencement of any work.

4.3 The Company reserves the right to withhold the release of any vessel, engine, trailer, parts, or accessories until payment has been received in full and cleared funds have been confirmed.

4.4 Payments made via Credit Card or EFTPOS will incur a surcharge fee. The applicable surcharge amount will be disclosed at the time of payment.

  1. Possessory Lien & Retention of Title

5.1 The Company holds a contractual and equitable lien over the watercraft and all associated goods for unpaid labour, parts, storage, and associated costs.

5.2 Ownership of supplied parts does not pass to the customer until full payment has been received.

5.3 The Company may refuse release of the watercraft or goods until all outstanding amounts are paid.

  1. Storage Fees

6.1 Storage charges of $75.00 plus GST per day will apply commencing forty-eight (48) hours after the customer has been notified that works are complete and the vessel or goods are ready for collection.

6.2 Storage charges apply, including but not limited to:

  • Non-payment
  • Failure to collect
  • Failure to communicate
  • Failure to respond to collection notifications

6.3 Storage fees must be paid in full before the release of any vessel or goods.

  1. Uncollected or Abandoned Goods

7.1 Where goods remain uncollected for more than sixty (60) days after written notice requesting collection or payment, the customer authorises the Company to treat the goods as uncollected property.

7.2 The Company may sell or dispose of the goods in a commercially reasonable manner to recover outstanding amounts, storage, and recovery costs.

7.3 Any sale proceeds will be applied to the outstanding debt and reasonable costs of sale.

  1. Insurance Repairs

8.1 The customer remains responsible for all costs unless the insurer accepts liability in writing.

8.2 Excess payments, betterment items, upgrades, and non-approved repairs remain the responsibility of the customer.

8.3 The Company is not responsible for insurer decisions, delays, or partial payments.

  1. Customer Supplied Parts

No warranty applies to customer supplied parts and the Company is not liable for damage or incompatibility caused by those parts.

  1. Customer Installed Parts / Pre-Existing Damage

The Company is not responsible for faults or damage resulting from prior work performed by the customer or third parties, including but not limited to electrical damage, incorrect installation, improper assembly, fluid contamination, overheating, or continued operation after fault.

10.1The Company is not responsible for faults or damage resulting from work performed by the customer or third parties prior to inspection, including but not limited to:

  • Incorrect battery installation or reverse polarity
  • Electrical short circuits or ECU damage
  • Incorrect fuel or oil
  • Accessory wiring
  • Improper assembly or torque
  • Continued operation after a fault
  • Water ingestion prior to repair

10.2 Damage discovered during testing related to pre-existing faults is not considered workmanship defect.

 

  1. Performance Modifications & Upgrades

Performance modifications increase mechanical stress and may reduce reliability or lifespan.

11.1 No guarantee is provided regarding speed, power, or durability outcomes.
All risks associated with modified or competition use are accepted by the customer.

  • Performance modifications, tuning, and aftermarket upgrades may increase mechanical stress and reduce manufacturer reliability or lifespan.
    • Modified vessels may no longer comply with manufacturer warranty, emission requirements, or regulatory standards.
    • The Company provides no guarantee regarding top speed, horsepower output, or performance gains due to external variables, including fuel quality, rider operation, environmental conditions, and component compatibility.
    • The customer accepts all risks associated with performance modifications.
    • The Company is not liable for:
  • Engine or component failure following performance upgrades
  • Reduced engine life expectancy
  • Competition or racing-related failures
  • Damage caused by exceeding manufacturer operating limits
  •  The customer confirms the vessel will be operated responsibly and in accordance with applicable marine laws.

  1. Water Testing

The customer authorises operation and water testing where reasonably required for diagnosis or verification.

  1. Risk and Insurance

All goods remain at owner’s risk while on premises.
The Company is not liable for loss caused by events beyond reasonable control including theft, fire, weather, or third-party acts.

13.1 While all reasonable care is taken, vessels and goods stored on the Company premises remain at the owner’s risk.

13.2 Customers are responsible for maintaining appropriate insurance cover for their vessel, trailer, and accessories while in storage or under repair.

  1. Warranty on Repairs

14.1 The Company warrants that repair workmanship will be carried out with due care and skill in accordance with normal industry standards.

14.2 Warranty applies only to the specific repair performed and does not constitute a guarantee of overall engine or component lifespan.

14.3 The watercraft must be operated under normal recreational use and maintained in accordance with manufacturer recommendations.

 

14.4 Warranty Exclusions — Operation & Rider Behaviour

Warranty does not apply where failure or damage results from operating conditions, rider behaviour, or usage outside normal recreational operation, including but not limited to:

  • Sustained high RPM operation for extended periods
  • Holding the throttle fully open during repeated wave impact or airborne operation
  • Racing, competition, or performance riding
  • Operation beyond manufacturer load or speed limits
  • Operation in shallow water, cavitation, or pump ventilation conditions
  • Overheating caused by restricted cooling or debris ingestion
  • Continued operation after warning alarms, limp mode, or abnormal noises
  • Jumping waves, surf riding, or aggressive throttle modulation causing over-revving
  • Operation causing the engine to repeatedly strike the rev limiter
  • Running the engine outside intended cooling conditions
  • Improper break-in procedures following repair or rebuild

 

14.5 Mechanical Stress & Performance Engines

High-performance, modified, rebuilt, or supercharged engines operate under significantly increased mechanical stress.
Component failure resulting from operational load, detonation, overheating, or stress fatigue is not considered a workmanship defect.

 

14.6 Misuse, Neglect & Operator Error

Warranty is void where damage results from misuse, neglect, improper maintenance, incorrect fuel or oil, failure to service, or continued operation after a fault occurs.

Warranty is void where damage results from:

  • Misuse or neglect
  • Incorrect fuel, oil, or lubrication
  • Failure to service or maintain
  • Continued operation after a fault occurs
  • Improper storage or flushing
  • Rider abuse or harsh operation
  • Over-revving or cavitation events
  • Impact loading or landing loads from airborne operation
  • Operating Behaviour Exclusions
  • Warranty does not apply to failures resulting from operating conditions, rider behaviour, or usage outside normal recreational operation, including but not limited to

14.7 Burden of Cause

Where physical evidence indicates abnormal operation, overheating, detonation, lubrication failure, cavitation, or mechanical over-stress, the failure will be deemed operational in nature and not a defect in workmanship unless proven otherwise.

  1. Reuse of Existing Components / Customer Direction

Where the Company recommends replacement of supporting components and the customer declines, the work proceeds at the customer’s direction and risk.

Failure of reused components and resulting damage, including engine damage, is not a defect in workmanship and is not covered by warranty.

15.1 During engine rebuilds or major repairs, the Company may recommend replacement of supporting components.

15.2 Where the customer elects to reuse components against recommendation, work proceeds at the customer’s direction and risk.

Reused components may fail and cause consequential damage to repaired or replaced components.

15.3 The customer acknowledges that reused components may:

  • be worn, restricted, contaminated, fatigued, or internally damaged
  • fail without warning
  • cause consequential damage to the rebuilt engine or related components

15.4 No warranty applies to reused components or any resulting damage.

15.5 Engine damage caused directly or indirectly by reused components is not a workmanship defect.

15.6 The customer accepts responsibility for risks associated with declined replacement parts.

15.7 Where failure results from declined components, warranty does not apply.

  1. Limitation of Liability

To the extent permitted by law, the Company is not liable for indirect, incidental, or consequential loss, including loss of use or enjoyment.

Where services are not ordinarily acquired for personal, domestic, or household use, liability is limited to either:

  • Re-supplying the services; or
  • Payment of the cost of having the services supplied again.

16.1 The Company shall not be liable for:

  • Pre-existing damage or mechanical failure
  • Loss of use of the vessel
  • Indirect or consequential losses
  • Damage resulting from manufacturer defects or component failure beyond the Company’s control

16.2 All repairs are performed using reasonable skill and care in accordance with industry standards.

  1. Operation, Safety & Third-Party Liability

17.1 The Company’s services are limited to the specific repairs, servicing, or modifications requested and do not constitute a certification that the watercraft is safe for operation in all conditions or for all uses.

17.2 The operator of the watercraft is solely responsible for:

  • safe operation
  • compliance with marine regulations
  • maintaining proper insurance coverage
  • ensuring the suitability of the watercraft for intended use and conditions

17.3 The Company is not responsible for accidents, injury, death, or property damage arising from the operation, misuse, or handling of the watercraft after it has left the Company’s possession, except to the extent such liability cannot be excluded by law.

17.4 The customer acknowledges that performance modifications, repairs, or servicing do not remove the risks inherent in operating a high-powered personal watercraft and accepts responsibility for operational decisions.

 

  1. Acceptance

Delivery of a watercraft, engine, trailer, or parts constitutes acceptance of these Terms and Conditions.

 

  1. Australian Consumer Law

Nothing in these Terms excludes rights under the Australian Consumer Law.

 

  1. Customer Responsibilities

20.1 Customers must disclose all known faults, damage, modifications, or prior repair history prior to work commencing.

20.2 The Company will not be liable for faults arising from undisclosed information.

 

  1. Debt Recovery

21.1 The customer shall be liable for all costs incurred by The Company in recovering unpaid accounts, including:

  • Debt collection agency fees
  • Legal costs
  • Court costs
  • Administrative recovery expenses