1. Supply of Work & Materials
1.1 If, during the performance of its duties under this Agreement, the Adelaide Autoworks & Crash (“Supplier”) discovers problems which were not found at the first instance, and which problems require additional work or materials:
(a) the Supplier shall notify the Customer of the additional work and materials that are needed; and
(b) the Customer may elect to have the additional work and materials supplied or to cancel this Agreement,
PROVIDED THAT the Customer shall pay for Work and materials already supplied as at the date of notification.
1.2 Materials presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
1.3 The repair of your Vehicle may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved in relation to your Vehicle or its parts.
2. Price / Cost
2.1 The Customer agrees to pay the price specified overleaf on or before collection of the Vehicle from the Supplier unless the Supplier has provided the Customer with a credit facility.
2.2 If no price is specified in respect of the supply of Work and Materials, the Customer shall pay the Supplier in accordance with the Supplier’s prevailing costs, rates and charges applicable at the date of this Agreement.
2.3 Work performed includes time spent consulting with the Customer, telephone calls, meeting and preparation time, time for travel and any other time attributable to the supply of Work or Materials.
2.4 If, at the date this Agreement is executed by the Supplier, Materials are not in stock, then the quoted price of such Materials is subject to increase in proportion to any increase in the price payable by the Supplier to its Materials supplier.
3. Payment (No Cheques)
3.1 Payment can be made via cash or debit or credit card (“card”), and no cheques are accepted. If the Customer’s card is dishonoured or if money owing pursuant to this Agreement remains unpaid, the Supplier may refuse to provide further Work or Materials until full payment is made.
3.2 The Customer shall pay interest on the overdue amounts at the rate of 18% per annum and an administrative fee of $12.00 for each letter from the Supplier seeking payment of an overdue account.
4. Retention of Ownership by Supplier
4.1 Ownership of the Materials does not vest in the Customer until the Customer has performed all its obligations under this Agreement.
4.2 In the event that the Customer obtains possession of the Materials before ownership passes to the Customer, the Customer shall hold those Materials as bailee for the Supplier and shall surrender the Materials to the Supplier on demand. If the Customer fails to do so, the Customer authorises the Supplier to enter the premises where the Materials may be found and retake possession, if necessary, by removing Materials from the Vehicle. The Supplier shall not be responsible to the Customer for any damage reasonably incurred by the Supplier removing Materials from the Vehicle.
5. Claim Over Vehicle/Materials
5.1 The Customer acknowledges that the Supplier may exercise a claim over the Materials and/or the Vehicle at the Supplier’s discretion until all monies due and payable by the Customer to the Supplier are paid.
5.2 The claim extends to all monies owing by the Customer to the Supplier including monies that fall due for payment in the future and shall not be extinguished if the Customer temporarily retakes possession of the Materials and/or the Vehicle.
6. Collection & Storage Fees
6.1 The Estimated Date for Collection specified is to serve as a guideline only and the Supplier has not agreed to perform the Work by that date. Subject to the provisions of the Australian Consumer Law (“ACL”), failure to make ready for collection by the Estimated Date for Collection shall not make the Supplier liable for any loss or damage, including any consequential loss or damage, suffered by the Customer because of such delay.
6.2 The Customer shall collect the Materials and/or the Vehicle within five (5) days of notification that the Materials and/or the Vehicle are ready for collection.
6.3 The Supplier may charge storage fees specified (the default fee is $50.00/day) if the Customer fails to take delivery within five (5) days of notification. The Supplier may transfer the Vehicle or Materials into storage, provided that prior notice of the storage arrangements is given. The Customer agrees to pay all costs incurred in storage and transport to and from such storage.
7. Disposal of Uncollected Goods
7.1 If the Customer fails to collect the Materials or the Vehicle within thirty (30) days of receiving notice that either is ready for collection, the Supplier may sell the Materials or the Vehicle and apply the proceeds of the sale towards any outstanding money owed without notice to the Customer. All monies still outstanding after the sale remain payable by the Customer.
7.2 The Supplier shall make reasonable efforts to sell the Materials and/or the Vehicle for its market value. Any monies more than the outstanding debt shall be held in trust for the Customer.
8. Limitation of Liability
8.1 Except as expressly stated herein or as contained in any other express warranty, and to the greatest extent permitted by the ACL, there is no implication of any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the work performed or the materials supplied by the Supplier.
8.2 To the greatest extent permissible by the ACL, any liability of the Supplier is limited to:
(a) re-provision of the Work and/or supply of replacement or equivalent Materials; or
(b) repair of the Materials; or
(c) payment of the cost of re-provision of the Work and/or supply of replacement or equivalent Materials; or
(d) payment of the cost to have the Materials repaired.
8.3 Subject to the law, the Supplier shall not be liable for any consequential damage resulting from a breach of this contract.
9. Enforcement Expenses
9.1 The Customer shall reimburse the Supplier for all costs incurred in the recovery of overdue accounts including legal fees and debt collection costs.
9.2 The Supplier may sue for any loss of profits and consequential damage caused by the Customer’s breach.
10. Miscellaneous Provisions
10.1 The Special Terms overleaf override all other terms of this agreement.
10.2 Notices may be served personally, via email, or letter to the address specified.
10.3 If any part of this Agreement becomes void or unenforceable, it will be severed and the remainder will stay in effect.
10.4 If the Customer comprises more than one person, each shall be jointly and severally liable.
10.5 The Customer authorises the Supplier to investigate credit worthiness, including enquiries with referees and banks, and authorises disclosure of relevant information. The Customer accepts the Supplier’s Privacy Policy.
10.6 If the Supplier’s performance is affected by a force majeure event beyond control, the Supplier is excused from performance to that extent.
10.7 If any provision is voidable or unenforceable, the minimum words required to be removed will be severed, and the rest remains effective.
10.8 This Agreement is governed by the laws of South Australia and the parties submit to its exclusive jurisdiction.
Adelaide Autoworks Warranty
Our goods and services come with guarantees under the ACL. You are entitled to replacement or compensation for major failure and repair or replacement for minor defects. There is no cooling-off period. Please choose carefully before purchasing.
In addition to your ACL rights, we provide an Extended Warranty as follows:
(1) Warranty Cover
Applies to any part supplied/fitted by the Supplier that fails during the Period of Cover:
(a) Tyres & Wheels – 30 days or 1000 km
(b) Autotune/Services/Mechanical Work – 6 months or 10,000 km
(c) Brakes – 12 months or 20,000 km
(whichever comes first)
(2) Claim Requirements
To claim, you must within the Period of Cover:
(a) Provide a copy of the invoice
(b) Deliver the vehicle to the Supplier during business hours
(c) Prove the defect is covered by warranty
(3) Warranty Exclusions
No cover for:
- Accidental damage, misuse, improper repairs, poor maintenance
- Failure to return vehicle every 6 months/10,000 km for service
- Normal wear and tear
(4) Claim Response
You will be notified within 5 business days whether the claim is accepted.
(5) Costs Not Covered
Includes:
- Delivery/travel costs
- Consequential or indirect loss
- Labour costs for parts not originally installed by Supplier
- Any failures not proven to be covered
100% Money Back Guarantee
As an alternative to Extended Warranty:
You may claim a refund for defective part/service if:
(a) Applies only to the specific defective item
(b) Defect reported within Period of Cover
(c) Defective part returned and defect proven
(d) Subject to warranty exclusions above