Terms of Trade

Definitions and interpretation

Additional Charge means fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with the Supplier's then current prices and expenses incurred by the Supplier, at the Customer's request or reasonably required as a result of the Customer's conduct.

Customer Supplied Goods means any parts or products sourced and supplied by a Customer which the Supplier uses in providing services to that Customer.

Loss includes, but is not limited to, costs (including party to party legal costs and the Supplier's legal costs), expenses, lost profits, award of damages, personal injury and property damage.

1. General
   • These terms apply to all transactions between the Customer and Supplier relating to the provision of goods and/or services. This includes all quotations, contracts and variations. These terms take precedence over terms contained in any document of the Customer or elsewhere.
2. Quote
   • The Supplier may provide the Customer with a verbal or written quote (Quote). Any Quote issued by the Supplier is valid for 30 days from the date of issue subject to availability of and any changes to the cost of goods quoted.
   • Quotes are based upon the estimated labour cost and costs of materials available at the time of preparation of the Quote.
   • The Supplier may amend any details in the Quote by notice in writing, via SMS or over the telephone to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.
3. Invoicing and payment
   • Upon completion of the provision of the services, the Supplier will issue an invoice to the Customer for:
     • an amount for the goods or services (or both) as set out in the Job Card and/or Quote and any Additional Charges, or
     • where no Quote has been provided, the Supplier’s usual charges for the goods or services (or both) provided.
   • The payment terms will be set out in the invoice. The Supplier may accept cash and card including Amex.
   • If an amount owing remains unpaid for a period of 5 days after the Supplier provides notice of completion, the Supplier may charge the Customer $50 per day to store the Customer’s vehicle until the amount has been paid in full.
   • The Supplier will exercise a lien on the Customer’s vehicle and may withhold the provision of any further goods or services until the Customer has paid all amounts owing by it to the Supplier.
   • The Customer is to pay the Supplier on demand interest at the rate of 15% per annum on all overdue amounts owed by it to the Supplier, calculated daily.
   • All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees, interest, storage charges and internal costs and expenses of the Supplier, are to be paid by the Customer as a debt due and payable under these terms.
   • The Supplier may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
   • The Supplier may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
   • The Customer acknowledges that it has read and understood the Supplier ‘s sign in store which states: The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection.
   • The Customer and the Supplier agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
4. Assignment
   • The Supplier has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms provided that the assignee agrees to assume any duties and obligations of the Supplier owed to the Customer under these terms.
5. Exclusions and limitation of liability
   • The Customer acknowledges and agrees:
     • that the Supplier:
       • may in its absolute discretion, refuse to fit any Customer Supplied Parts;
       • is not the supplier or manufacturer of the Customer Supplied Goods;
       • does not offer any warranty in relation to the Customer Supplied Goods;
       • takes no responsibility for any Loss as a result of the Customer Supplied Goods.
     • to indemnify the Supplier from any Loss in relation to the Customer Supplied Goods.
   • Except as provided in these terms all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the goods and/or services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise is expressly excluded.
   • 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 to a refund for the unused portion, or to compensation for its reduced value. 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’.
6. Miscellaneous
   • These terms are governed by the laws of Queensland. The parties submit to the exclusive jurisdiction of the courts of Queensland.
   • These terms including any Quotes as varied represent the entire agreement between the parties.
   • The Customer warrants that it has not relied on any warranty, representation or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the subject matter of these terms except those expressly set out in these terms.
   • If any provision of these terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.