Terms and Conditions of Trade – Commercial Automotive Repair Solutions

Commercial Automotive Repair Services Pty Ltd (ABN 79520784960) of 7 Rouse Road, Greenfields, 6210 (herein referred to as “the supplier”, “we”, “us”, or “our”) specialises in the provision of motor vehicle repair and maintenance services.

These terms and conditions of trade (herein “terms”) govern all contractual arrangements between the Supplier and its customers (herein “the customer” or “you”)

By requesting or accepting a quote for any services or supply of goods, the Customer acknowledges that they have read, understood and agree to be bound by these Terms

DEFINITIONS

  • Our website means this website and webpages created and maintained by us (or through our agents, servants, and contractors).
  • Terms & Conditions means these terms and conditions as amended.
  • Interpretation: Unless the context otherwise requires:
    • Words denoting the singular shall include the plural and vice versa.
    • Words denoting any gender shall include all genders.
    • Headings are for convenience only and shall not affect interpretation.
    • References to “$” and “dollars” are to Australian dollars.
    • References to any legislation or to any section or provision thereof shall include any statutory modification, amendment, substitution or re-enactment thereof or any statutory provision substituted therefore, and any ordinances, by-laws, rules, code, regulations and/or other statutory instruments issued thereunder.
  • ACL Means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)
  • Customer-Supplied Parts Means any parts, components, accessories, or products supplied by the Customer for use by the Supplier in performing the Services.
  • Goods Means any parts, products, or materials supplied by the Supplier to the Customer in connection on with the Services.
  • Invoice Means any invoice issued by the Supplier to the Customer for Services and/or Goods provided.
  • Quote/Estimate Means any written or verbal estimate provided by the Supplier detailing the anticipated cost and scope of Services and/or Goods.
  • Services Means any motor vehicle repair, maintenance, diagnostic, inspection on, or other automotive services provided by the Supplier to the Customer.
  • Vehicle: Means the motor vehicle or other equipment subject to the Services.

CONDITIONS OF USE

  • Our website is our Intellectual property. By accessing or otherwise using our website, you consent, agree and are bound by these Terms & Conditions.
  • In our sole discretion, we may change these Terms & Conditions at any time without notice. Your continued to use our website after any such change constitutes your agreement to be bound by the amended Terms & Conditions.

APPLICATION OF TERMS

  • These Terms apply to all Quotes, Orders, Services, and Goods supplied by the Supplier to the Customer, whether verbal or in writing.
  • These Terms supersede any terms and conditions contained in any document of the Customer or elsewhere, unless expressly agreed otherwise in writing by the Supplier.
  • By engaging the Supplier, the Customer acknowledges acceptance of these Terms.

CONDITIONS OF USE

  • Our website is our Intellectual property. By accessing or otherwise using our website, you consent, agree and are bound by these Terms & Conditions.
  • In our sole discretion, we may change these Terms & Conditions at any time without notice. Your continued to use our website after any such change constitutes your agreement to be bound by the amended Terms & Conditions.

APPLICATION OF TERMS

  • These Terms apply to all Quotes, Orders, Services, and Goods supplied by the Supplier to the Customer, whether verbal or in writing.
  • These Terms supersede any terms and conditions contained in any document of the Customer or elsewhere, unless expressly agreed otherwise in writing by the Supplier.
  • By engaging the Supplier, the Customer acknowledges acceptance of these Terms.

QUOTES AND ESTIMATES

  • Any Quote or Estimate provided by the Supplier for Services and/or Goods is an estimate only and is subject to change. It is based on the Supplier’s assessment of the Vehicle at the time the Quote/Estimate is provided.
  • A Quote/Estimate is valid for 30 days from the date of issue unless otherwise specified in writing.
  • The Customer acknowledges that the final price may vary from the Quote/Estimate due to.
  • a. Unforeseen work or parts required during the course of the Services.
  • b. Additional work requested by the Customer.
  • c. Price changes from suppliers or manufacturers for Goods.
  • d. Discovery of further damage or faults not apparent at the time of the initial Quote / Estimate.
  • The Supplier will endeavour to notify the Customer promptly of any significant anticipated variations to the Quote/Estimate and seek the Customer’s approval before proceeding with additional work.

ORDERING AND ACCEPTANCE

  • An Order is placed by the Customer verbally or in writing (including by accepting a Quote/Estimate or leaving the Vehicle with the Supplier for Services).
  • The Supplier is not bound by an Order until it has accepted it, which may be signified by commencing the requested Services or ordering necessary Goods.

PRICES AND PAYMENTS

  • The Customer must pay the Purchase Price listed on the Invoice for Services and/or Goods on or before the collection of the Vehicle, unless otherwise agreed in writing.
  • Payment methods accepted include cash, EFTPOS, credit card, bank transfer.
  • All prices quoted are free of Goods and Services Tax (GST) unless otherwise stated.
  • If the Customer fails to pay the Purchase Price by the due date:
  • a. The Supplier may charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until full payment is received.
  • b. The Customer will be liable for any costs incurred by the Supplier in recovering overdue amounts, including debt collection fees, legal costs on a full indemnity basis, and administrative charges.
  • c. The Supplier reserves the right to retain possession of the Vehicle and exercise a possessory lien over the Vehicle and/or Goods until full payment is received.
  • d. The Supplier may suspend further Services to the Customer until all outstanding amounts are paid.

PROVISION OF GOODS AND SERVICES

  • The Supplier will perform the Services with due care and skill, and the Goods supplied will be of acceptable quality and fit for purpose, in accordance with the consumer guarantees under the ACL.
  • The Customer authorises the Supplier, its employees, and agents to operate the Vehicle for testing, diagnostic, and delivery purposes in connection with the Services.
  • The Supplier may, at its discretion, subcontract any part of the Services to a third party. The Customer agrees that any such subcontracting does not relieve the Supplier of its obligations under these Terms.

CUSTOMER-SUPPLIED PARTS

  • The Supplier may, at its sole discretion, refuse to fit Customer-Supplied Parts.
  • If the Supplier agrees to fit Customer-Supplied Parts, the Customer acknowledges that:
  • i. The Supplier provides no warranty whatsoever on the Customer-Supplied Parts themselves.
  • ii. The Supplier accepts no liability for any defects, failures, or damage arising from the quality, suitability, or fitness for purpose of Customer-Supplied Parts.
  • iii. The Supplier is not responsible for any warranty claims related to Customer-Supplied Parts.
  • iv. Any issues arising from Customer-Supplied Parts that require additional labour or rectification will be charged to the Customer at the Supplier’s standard rates.
  • Additional Work: If, during the course of the Services, the Supplier identifies additional work, repairs, or parts required, the Supplier will seek the Customer’s approval before proceeding. The Customer’s verbal or written authorisation will be considered acceptance of the additional work and associated costs.

WARRANTIES AND GUARANTEES

  • Our Services and Goods come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled:
  • a. to cancel your service contract with us; and
  • b. 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 me. If this is not done, you are entitled to cancel the contract for the service and obtain a refund of any unused portion.
  • c. For a major failure with the service, you are entitled to be compensated for any other reasonably foreseeable loss or damage.
  • In addition to the ACL consumer guarantees, the Supplier provides a 6-month or 10,000 km, (whichever comes first) warranty on labour for the Services performed, from the date of collection. This warranty does not cover:
  • a. Fair wear and tear.
  • b. Misuse, abuse, or negligence of the Vehicle.
  • c. Damage caused by accidents or external factors.
  • d. Modifications or repairs performed by third parties after the Services were completed by the Supplier.
  • e. Customer-Supplied Parts.
  • f. Any pre-existing conditions or faults not related to the Services performed.
  • Goods supplied by the Supplier may be covered by a manufacturer’s warranty. The Supplier will pass on the benefit of any manufacturer’s warranty to the Customer where applicable. Any claims under a manufacturer’s warranty must be made directly with the manufacturer or through the Supplier as per the manufacturer’s process.

UNCOLLECTED GOODS

  • The Customer must collect the Vehicle and pay the full Invoice amount within 14 days of being notified by the Supplier that the Services are complete.
  • If the Vehicle is not collected within the specified period, the Supplier may charge a daily storage fee of $20.00 (GST FRE) for each day or part thereof that the Vehicle remains on the Supplier’s premises after the notification period.
  • If the Vehicle remains uncollected after 60 days and the Supplier has complied with the requirements of relevant Western Australian legislation (including but not limited to the Disposal of Uncollected Goods Act 1970 (WA)), the Supplier reserves the right to sell or otherwise dispose of the Vehicle to recover outstanding amounts owed by the Customer, including the cost of Services, Goods, storage fees, and disposal costs. Any surplus funds, after deduction of all costs, will be handled in accordance with WA law.

RISK AND TITLE

  • Risk of loss or damage to the Vehicle passes to the Customer upon collection of the Vehicle.
  • Title to any Goods supplied by the Supplier remains with the Supplier until full payment for all Services and Goods has been received from the Customer.

LIMITATION OF LIABILITY

  • To the maximum extent permitted by law, the Supplier’s total liability arising out of or in connection with the Services and/or Goods, whether in contract, tort (including negligence), or otherwise, is limited to the cost of re-performing the Services or replacing the Goods, or the actual loss suffered by the Customer, whichever is the lesser.
  • The Supplier is not liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of profit, loss of revenue, loss of data, loss of use, or business interruption, however caused, even if advised of the possibility of such damages.
  • Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the ACL or any other legislation which cannot lawfully be excluded or limited.

INTELLECTUAL PROPERTY

  • All intellectual property (including copyright and trademarks) on our website belong to us unless otherwise indicated and remains our property or has been licensed by us.
  • Nothing should be construed as granting any licence or right of use of any logo or trademark displayed on our website, without the express written permission of the relevant owner. You cannot copy any of the material on our website or otherwise incorporate it into or store it in any other website, electronic retrieval system, publication, or other work in any form.

PRIVACY

  • The Supplier collects, uses, and discloses personal information in accordance with its Privacy Policy. The Customer’s use of our Services and Website constitutes acceptance of our Privacy Policy.
  • The Privacy Policy is available on the Website.

DISCLAIMERS

  • Our website, the service and the content (including, but not limited to, any information or advice that may be given over our website) are provided on an “AS-IS” and “AS AVAILABLE” basis and all use of our website is at your own risk.
  • The material on our website is provided for information purposes. We endeavour to ensure that the information provided on our website is accurate and up to date. However, the material (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations as to its accuracy, completeness or reliability.
  • To the extent allowed by law, we make no express or implied warranties, representations or endorsements whatsoever with respect to our website.
  • To the extent allowed by law, we expressly disclaim all warranties of any kind, express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to our Website, the service, the Content, and any product or service furnished or to be furnished vis this site.
  • We do not warrant that the functions performed by or services on our website will be uninterrupted, timely, secure or error-free, or that defects in our website or the service will be corrected.

USE OF OUR WEBSITE

  • You must not use our website for any unlawful or prohibited purpose by these Terms & Conditions. You agree to abide by all applicable laws, regulations and codes of conduct.
  • Where our website provides for or allows you to transmit any content (“Submitted Content”) to us, third parties or to be displayed on our website (e.g. posting a comment, responding to a comment or sending an email):
  • You grant us an irrevocable non-exclusive licence at no cost to use all Submitted Content by you (including text, images, and photos) without limitation in perpetuity, in whole or in part.
  • subject to our Privacy Policy, we reserve the right to do any of the following:
  • display the Submitted Content on any of our websites or publications.
  • remove any Submitted Content at any time without notice for any reason.
  • amend, alter, edit or delete any Submitted Content without any right of attribution to you; and
  • use any images or photos contained in the Submitted Content reasonably we see fit.
  • In providing your Submitted Content, you:
  • will not damage, defame, abuse, harass, stalk, threaten or otherwise offend others.
  • will not publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive, inappropriate or otherwise unsuitable images of a sexual or other inappropriate nature, including but not limited to gratuitous swearing, profanity or spiteful remarks; reference to, or provide links to illegal activities including but not limited to insider trading, ramping/exciting stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
  • will not engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing, spamming, flaming or typing in ALL CAPS.
  • will not impersonate any person or entity.
  • will not upload, post, email, transmit or otherwise make available using or on our Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • warrant that any material you submit is your work and that you own all intellectual property rights in it unless otherwise indicated.
  • will not include information that helps sell, buy, solicit or offer goods, services, shares or other commodities, including any phone numbers, mail or email addresses or URLs.
  • will note include personal information, or the personal details of others such as phone numbers, mail or email addresses.
  • will not advertise or promote external URLs, competitions, sites, or products.
  • false or misleading or deceptive information.
  • Any opinions and statements expressed in Submitted Content are the opinions and statements of the individual writer only and are not necessarily our opinions.
  • We are not responsible for, and do not accept any liability in respect of, any Submitted Content; and we do not check the content or accuracy of any Submitted Content.
  • We retain the right at all times to monitor, retain or disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

LINKS AND OTHER THIRD-PARTY MATERIALS

  • The term “Content” means any information that may be generated or encountered on or through the use of our website. It also includes content or data provided by or obtained from third parties.
  • Certain Content, components or features of our website may include materials from third parties and/or hyperlinks to other websites or content, including authorised or licensed branding. You also acknowledge and agree that we are not responsible for that content and websites as we may have no control over any third party websites, and/or content, and that we do not endorse or warrant the accuracy of any such websites or content, and shall in no way be liable or responsible for any content, advertising or products on or available from such websites. You further acknowledge and agree that we shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising or products on or available from such websites.

ADVERTISING

  • Individual advertisers are solely responsible for the content of any advertising material which is submitted to us or which we obtain from them, and which is published on our website, including ensuring that they comply with any relevant legislation.
  • The opinions and statements expressed in any advertisement are the opinions and statements of the individual advertisers and are not necessarily our opinions or statements. We accept no responsibility for the content of any advertising material published on our website.

LIMITATION OF LIABILITY

  • We accept no responsibility for any loss or damage you may suffer due to your use or reliance on any part of our website. You acknowledge and agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including any loss of profits) in connection with:
  • the use of our website or access to any inability to use or access, our websites or any material on our websites.
  • unauthorised access to or alterations of your transmissions or data.
  • statements or conduct of any third party on our website: or
  • any goods or services of any third party purchased through our website.

DISPUTE RESOLUTION

  • In the event of a dispute arising under these Terms, the parties agree to first attempt to resolve the dispute amicably through direct negotiation.
  • If the dispute cannot be resolved through negotiation within 14 days, either party may propose mediation. The costs of mediation will be shared equally between the parties.
  • Nothing in this clause prevents a party from seeking urgent injunctive relief from a court of competent jurisdiction.

SEVERABILITY

  • If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed, and the remainder of the Terms will continue in full force and effect.

CHANGES TO TERMS

  • The Supplier reserves the right to amend these Terms at any me by pos ng the updated Terms on its Website or by providing direct notice to the Customer. The Customer’s continued engagement with the Supplier a er such amendments constitute acceptance of the revised Terms.