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Terms & Conditions

                       UPPERHAND PERFORMANCE PRODUCTS TERMS & CONDITIONS

Effective Date: 03/04/2026

These Terms & Conditions govern the use of the Upperhand Performance Products website and the purchase of products from Upperhand Performance Products ("UPP", "we", "us" or "our").

Business Name: Upperhand Performance Products
ABN: 38 677 156 998
Location: Berkeley Vale, New South Wales, Australia 2261
Website: upperhandperformanceproducts.com.au

By accessing our website, placing an order or purchasing products from us, you acknowledge that you have read and agree to these Terms & Conditions.

These Terms & Conditions apply to all products sold by UPP, including automotive performance parts, fabricated and machined components, brake and braking-system components, suspension and steering components, engine and drivetrain components, electrical and electronic products, accessories, merchandise, motorsport products and other automotive aftermarket products.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights, guarantees or remedies that cannot legally be excluded under applicable law.

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1. Products & Product Information

UPP supplies aftermarket automotive products intended for a variety of applications, including road, performance, modified, track and motorsport vehicles.

We make reasonable efforts to ensure that product descriptions, specifications, dimensions, photographs and other information published on our website are accurate.

However, product images may be illustrative and minor variations in colour, finish, packaging, dimensions or appearance may occur.

Manufacturers and UPP may make reasonable design or specification changes from time to time. Where such changes occur, the supplied product may differ from website photographs or illustrations provided that the product remains materially consistent with the description provided at the time of purchase and applicable law.

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2. Product Suitability & Fitment

The customer is responsible for determining that a product is suitable for their particular vehicle and intended application.

Automotive vehicles may differ according to model year, market, specification, engine, transmission, suspension, brakes, wheels, previous modifications and other factors.

A product described as suitable for a particular vehicle does not necessarily mean that it will fit every example of that vehicle.

Where a vehicle has been modified from its original factory configuration, the customer is responsible for confirming compatibility with the complete vehicle.

Where you are uncertain about product suitability, you should contact UPP before purchasing.

Any technical advice provided by UPP is based on the information supplied by the customer and does not replace independent professional engineering or mechanical assessment where such assessment is appropriate.

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3. Performance & Modified Vehicles

Many UPP products are intended for performance, modified, track or motorsport applications.

The installation of aftermarket products may alter the performance, characteristics, operation, safety, emissions, noise, reliability or legal compliance of a vehicle.

The customer is responsible for determining whether a modification or product installation complies with all applicable:

  • Laws and regulations;

  • Roadworthiness requirements;

  • Registration requirements;

  • Engineering requirements;

  • Insurance requirements;

  • Emissions and noise requirements; and

  • Motorsport or competition regulations.

UPP does not represent that the installation or use of any particular product will make or keep a vehicle legal, registerable, roadworthy, insurable or compliant with any particular regulatory or motorsport requirement.

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4. Safety-Critical Components

Certain products sold by UPP may be safety-critical components, including brake, steering, suspension, wheel, hub, structural and mounting components.

Such products must be installed by a suitably qualified and competent person using appropriate tools, equipment and procedures.

The installer is responsible for ensuring that the product and complete vehicle system are correctly installed, aligned, torqued, inspected and tested before the vehicle is operated.

Additional product-specific safety warnings, installation instructions and disclaimers may apply.

Where a product is supplied with specific installation instructions or safety documentation, those instructions must be followed.

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5. Installation & Modification

Unless expressly stated otherwise, products are supplied as components and do not include installation.

Professional installation is recommended where specialist mechanical, electrical, fabrication or engineering knowledge is required.

Products must not be modified, drilled, machined, welded, ground, cut, heated or otherwise altered unless expressly authorised by UPP in writing.

Unauthorised modification or incorrect installation may compromise product integrity, performance or safety and may affect any voluntary warranty.

Nothing in this section limits rights that cannot legally be excluded.

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6. Motorsport & Competition Use

Products identified as suitable for motorsport, racing, competition or track use are intended for specialised applications.

Competition and track use may subject components to significantly greater mechanical, thermal and environmental loads than normal road use.

The customer is responsible for ensuring that the product is appropriate for the intended application and complies with the rules of the relevant competition category, governing body, circuit or event.

UPP does not guarantee compliance with the rules of any particular motorsport organization.

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7. Orders

Submitting an order through our website constitutes an offer by the customer to purchase the selected products.

An order is accepted when UPP confirms acceptance or dispatches the order, whichever occurs first.

We reserve the right to refuse or cancel an order where:

  • A product is unavailable;

  • A product or pricing error has occurred;

  • We are unable to fulfil the order;

  • We reasonably suspect fraudulent or unauthorised activity;

  • The order contains materially incorrect information; or

  • Circumstances beyond our reasonable control prevent fulfillment.

If payment has been received for an order that UPP cancels, the relevant amount will be refunded.

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8. Pricing

All prices are stated in Australian dollars unless otherwise indicated.

Prices may change without notice before an order is accepted.

Where applicable, Australian GST is included in the advertised price.

International customers are responsible for any applicable import duties, taxes, VAT, customs charges, brokerage fees or other charges imposed by the destination country.

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9. Payment

Payment must be made using an available payment method at checkout.

Orders will generally not be dispatched until payment has been successfully processed and cleared.

The customer is responsible for ensuring that billing, shipping and contact information supplied during checkout is accurate.

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10. Dispatch & Delivery

Unless otherwise stated, UPP aims to dispatch orders within 7 business days of receiving cleared payment.

This dispatch timeframe does not apply to products identified as pre-order, made-to-order or otherwise subject to a stated lead time.

Pre-order products will be dispatched in accordance with the estimated timeframe provided at the time of purchase, subject to manufacturing, supplier and freight conditions.

Dispatch time is not the same as delivery time. Delivery time depends on the selected carrier, destination and other circumstances outside UPP's control.

We are not responsible for courier delays, customs delays, incorrect addresses supplied by customers or other events beyond our reasonable control.

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11. International Orders

UPP accepts international orders.

Customers outside Australia are responsible for determining whether products are suitable and legally permitted for importation and use in their country.

International orders may be subject to:

  • Import duties;

  • Customs charges;

  • GST, VAT or equivalent taxes;

  • Brokerage or clearance fees;

  • Local certification requirements; and

  • Other government charges or requirements.

Unless expressly stated otherwise, these costs are the responsibility of the customer.

UPP does not guarantee that a product is approved, certified, road-legal or otherwise compliant for use in any particular country.

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12. Change of Mind Returns

UPP does not offer change-of-mind returns or exchanges.

This includes circumstances where a customer:

  • Orders the incorrect product;

  • Changes their mind;

  • No longer requires the product;

  • Purchases the product elsewhere;

  • Finds the product cheaper elsewhere; or

  • Determines after purchase that the product is unsuitable for their intended application.

This policy does not exclude, restrict or modify any rights or remedies available under the Australian Consumer Law.

Where a product is faulty, defective, damaged, incorrectly supplied or otherwise fails to comply with a consumer guarantee, the matter will be dealt with under the applicable consumer guarantee provisions and our warranty/returns procedures.

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13. Faulty, Defective or Incorrect Products

If you believe that a product is faulty, defective, damaged or not as ordered, contact UPP as soon as reasonably practicable.

We may request:

  • Proof of purchase;

  • Photographs or video;

  • Product identification details;

  • Details of the vehicle and application;

  • Details of installation;

  • Relevant installation records; and/or

  • Return of the product for inspection.

We may inspect or test a product before determining the appropriate remedy.

Where applicable, remedies will be provided in accordance with the Australian Consumer Law and any applicable voluntary warranty.

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14. Twelve-Month UPP Warranty

Unless otherwise specified for a particular product, UPP provides a 12-month voluntary warranty from the date of sale against defects in materials and workmanship.

This voluntary warranty is additional to, and does not replace, any consumer guarantees or other rights available under applicable law.

The warranty applies to the original purchaser and is subject to the applicable warranty terms.

The warranty does not cover damage or failure caused by:

  • Incorrect installation;

  • Incorrect assembly;

  • Incorrect torque or fastening;

  • Improper use;

  • Abuse or misuse;

  • Accident or impact;

  • Unauthorised modification;

  • Use outside the intended application;

  • Use with incompatible components;

  • Failure to follow supplied instructions;

  • Incorrect adjustment;

  • Neglect;

  • Corrosion or environmental damage;

  • Normal wear and tear;

  • Competition or extreme use where the product was not represented as suitable for that application; or

  • Damage resulting from circumstances outside the intended use of the product.

These exclusions do not apply to the extent that applicable law provides otherwise.

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15. Australian Consumer Law

UPP recognises and complies with the Australian Consumer Law ("ACL") as applicable.

Consumer guarantees apply automatically where applicable and cannot be excluded, restricted or modified by these Terms & Conditions.

The 12-month UPP warranty is a voluntary warranty and does not mean that a customer's legal rights are limited to 12 months.

Consumer guarantees may continue to apply after the expiry of the voluntary warranty where required by law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

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16. Warranty Claims

To make a warranty claim, customers should contact UPP using the contact details published on our website.

The customer may be required to provide reasonable information necessary to assess the claim.

Where a product is returned for assessment, the customer must package it appropriately to prevent further damage during transportation.

Where a warranty claim is accepted, UPP will provide the applicable remedy in accordance with the relevant warranty and applicable law.

For international warranty claims, UPP may provide reasonable instructions regarding return freight and assessment.

Unless otherwise required by applicable law, UPP is not responsible for costs associated with removing, installing, transporting or modifying other vehicle components to facilitate warranty assessment.

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17. Product Wear & Service Life

Automotive performance products may be subject to wear depending on their application and operating conditions.

Factors including vehicle weight, power output, driving style, operating temperatures, track use, competition use, environmental conditions, maintenance and installation can affect service life.

Normal wear and deterioration of consumable or wear components is not a manufacturing defect.

Customers are responsible for appropriate inspection, maintenance and replacement of components.

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18. Limitation of Liability

To the maximum extent permitted by law, UPP excludes liability for indirect, incidental, special or consequential loss arising from the purchase, installation or use of our products.

This may include loss of vehicle use, loss of income, loss of opportunity, accommodation expenses, towing expenses or other consequential costs.

Where liability cannot lawfully be excluded or limited, UPP's liability is limited to the extent permitted by applicable law.

Nothing in these Terms & Conditions excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.

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19. Events Beyond Our Reasonable Control

UPP will not be responsible for delay or failure caused by circumstances beyond our reasonable control.

These circumstances may include natural disasters, fire, flood, severe weather, war, government action, industrial disputes, transport disruption, supplier failure, manufacturing delays, customs delays, import restrictions, power outages, telecommunications failures, cyber incidents or other circumstances outside our reasonable control.

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20. Intellectual Property

All website content, product photographs, technical drawings, designs, descriptions, graphics, logos, text, videos, documentation and other material is owned by or licensed to UPP unless otherwise stated.

No material may be reproduced, copied, modified, distributed, published or commercially exploited without prior written permission from UPP.

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21. Product Designs & Technical Information

UPP may own proprietary rights in product designs, drawings, dimensions, engineering information, manufacturing processes and other technical material.

Customers must not reproduce, reverse engineer, manufacture or arrange manufacture of UPP products or designs without prior written permission, to the extent permitted by law.

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22. Website Use

Customers must not use the website for unlawful purposes or in a manner that may damage, interfere with or compromise the website, UPP systems or other users.

Unauthorised access, data scraping, malicious software, fraudulent activity or attempts to circumvent website security are prohibited.

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23. Privacy

UPP collects and handles personal information in accordance with applicable privacy legislation and our Privacy Policy.

Our Privacy Policy explains how personal information is collected, used, stored and disclosed.

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24. Customer Reviews & Submitted Content

Where customers submit reviews, photographs, videos or other content to UPP, the customer confirms that they have the right to submit that material.

By submitting content, the customer grants UPP a non-exclusive, worldwide, royalty-free licence to reproduce and use that content for legitimate business, marketing and promotional purposes.

UPP reserves the right to remove content that is unlawful, misleading, offensive, defamatory or otherwise inappropriate.

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25. Promotions & Discount Codes

Promotional offers and discount codes are subject to any conditions specified with the relevant promotion.

Unless otherwise stated:

  • Promotions cannot be combined;

  • Discount codes must be applied at checkout;

  • Discounts cannot be applied retrospectively; and

  • Promotions are subject to product availability.

UPP reserves the right to correct obvious pricing or administrative errors.

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26. Third-Party Websites & Services

The UPP website may contain links to third-party websites and services.

UPP is not responsible for the content, security, availability or practices of third-party websites or services.

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27. Indemnity

To the maximum extent permitted by law, customers agree to indemnify UPP against losses, claims, damages or expenses arising from the customer's unlawful use of the website, breach of these Terms & Conditions, infringement of third-party rights or unauthorised modification or misuse of products.

This indemnity does not apply to the extent that the relevant loss was caused by UPP's own breach, negligence or conduct for which liability cannot lawfully be excluded.

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28. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be read down to the extent necessary or severed where required.

The remaining provisions will continue to apply.

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29. Changes to These Terms

UPP may update these Terms & Conditions from time to time.

The version published on our website will apply to orders placed after the applicable effective date.

Changes will not retrospectively remove or reduce rights that have already arisen under applicable law.

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30. Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia.

Subject to mandatory consumer rights and protections, the parties submit to the courts of New South Wales and courts entitled to hear appeals from them.

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31. Contact

Upperhand Performance Products
ABN: 38 677 156 998
Location: Berkeley Vale, NSW 2261, Australia
Website: upperhandperformanceproducts.com.au
Email: upperhandperformanceproducts@gmail.com

For warranty, returns or product-related enquiries, please contact us using the details above.

Customer Information

Upperhand Performance Products
Australia’s Home for Nissan Z32 300ZX Custom Fabrication, Based in Berkeley Vale, NSW, we don’t just sell parts, we build cars. Our "Aussie Shed" Project Fairlady, serves as our Real-World Test bed, ensuring every part we sell meets the Highest Quality Performance Standards.

©2023 by Upperhand Performance Products.

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