Hervey Bay Mechanical Terms Of Trade
Hervey Bay Mechanical ABN 34 518 593 654
Application of terms of trade
These terms and conditions govern the goods and supply by Hervey Bay Mechanical (“The supplier” and “we”) to its clients (“the client” and “you”) and will apply to the exclusion of any other terms and conditions notified to or agreed with the client, or any terms and conditions proposed or notified by the client to the supplier.
i. The client’s request for Goods or Services constitute an offer by the client for the supplier to supply Goods and Services on the terms and conditions set out below.
ii. Unless the supplier agrees in writing, these terms and conditions comprise the entire agreement between the client and The supplier in respect of the supply of any Goods and Services.
iii. The supplier may vary these terms and conditions from time to time in which case an updated document will be made available by notice on Our Website. The request for Goods or Services by you following such a notice will constitute your acceptance of that variation.
iv. Photos of works and cars serviced by the supplier may be used in promotional materials, including social media, for the supplier. If the client does not agree to photos of their cars being used in promotional materials it is incumbent on the client to advise the supplier in advance of works being undertaken
Key terms of this agreement include –
Corporations Act means the Corporations Act 2001 (Cth);
Goods means inventory and other goods supplied by Us to You;
GST means Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
Loss includes any cost, expense or damage of any kind and includes consequential, special or indirect loss or damage or any fine or penalty imposed by a statutory or other authority;
Personal Information has the meaning given to that term by the Privacy Act 1988 (Cth) and all associated subordinated legislation as amended from time to time;
Services means services supplied by Us to You;
Vehicle means the vehicle in relation to which the supplier provided Our Services;
We means Hervey Bay Mechanical ABN 34 518 593 654, and associated entities or individuals acting under the authority of Hervey Bay Mechanical ABN 34 518 593 654
You means the client requesting the supply of Goods or Services from Us.
Us means Hervey Bay Mechanical ABN 34 518 593 654, and associated entities or individuals acting under the authority of Hervey Bay Mechanical ABN 34 518 593 654.
Terms of payment and supply
i. You agree to pay the supplier, upon receipt of a tax invoice, the amounts set out in that tax invoice within 7 days of the date on the invoice, unless prior written agreement has been made before service or repairs carried out for a 30-day account.
ii. All payments must be made in Australian dollars and in immediately available funds at the time of payment and without any deduction or setoff. GST is payable in addition to any price for the Goods and Services provided by the supplier and must be paid at the same time as the relevant tax invoice.
iii. If any amount is unpaid by the due date then, without prejudice to any other right or remedy the supplier may have, The supplier reserves the right to charge the client a late fee of 15% per annum calculated on the daily balance of the unpaid amount from the due date until the date of payment in full.
iv. Payment by cheque is not deemed made until the proceeds of the cheque have cleared.
v. You acknowledge that the supplier has a statutory right to sell or dispose of uncollected goods pursuant to and within the meaning of the Australian Consumer Law and Fair Trading Act 2012 (Cth) or Disposal of Uncollected Goods Act 1967 (Qld) (as applicable).
vi. Until you make full payment for all goods and services and for all other amounts owing to us:
o Title in all goods remains vested in the supplier during such time as a debt exists;
o The supplier retains a lien over the client’s Vehicle, which entitles the supplier to sell the Vehicle by treaty or public auction, subject to providing 14 days written Notice to client and allocate the proceeds to satisfy any debt incurred between the client and the supplier.
o The client will need to pay the debt in full prior to the conclusion of any private treaty or auction to retain title of said vehicle.
The supply of any Goods or Services by the supplier does not confer on the client any intellectual property rights in the Goods or Services held by the supplier or any other person.
Validity of quotations
A quotation for services is an invitation to supply only, and will only be valid if:
i. It is in writing from the supplier; and
ii. Is accepted within 14 days of the date of the written quote.
iii. Any variations from the terms of the quotation will be charged separately and additionally where relevant.
iv. The client’s acceptance of the quotation is binding on the parties to deliver the goods and services detailed in the quotation only.
v. A contract is accepted by us when we accept an offer from you or provide the goods or services to you.
vi. The supplier has absolute discretion to refuse any offer.
vii. A payment of 20% for quotations priced at $1000 or more is received at the time the quotation is accepted by you.
Warranty for goods and services
The supplier’s goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with our delivery of goods or services, you are 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 rectification in a reasonable time is not done you are entitled to a refund for the goods 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.
Pursuant to Australian Consumer Law, we provide a guarantee that any services provided will be:
i. provided with due care and skill
ii. fit for any specified purpose (express or implied)
iii. provided within a reasonable time (when no time is set).
The supplier further guarantees that any goods used or supplied:
i. are of acceptable quality
ii. are fit for the purpose we have said it would be fit for
iii. have been accurately described
iv. match any sample or demonstration model
v. come with undisturbed possession, so no one has the right to take the goods away from or to prevent the consumer from using them
vi. are free from any hidden securities or charges
vii. are reasonably available for a reasonable period of time, unless we advise you otherwise.
Subject to any contrary provision in the Australian Consumer Law:
i. The supplier is only liable to make good faulty workmanship attributable to it and the client agrees that the supplier is not required to make good the faulty workmanship performed by third parties;
ii. The supplier is only liable for the warranty of parts and goods supplied directly to the client. The supplier will not be liable for the warranty of parts and goods supplied by the client;
iii. The supplier is not liable for any alleged Loss in value of the Vehicle or other consequential damage or Loss as a result of any alleged faulty workmanship and the client agrees not to make any such claim, to the extent allowable by law;
iv. The supplier is not liable to rectify or repair any damage or deterioration in the general condition of the Vehicle as a result of normal ageing or usage wear and tear or exposure to the elements and the client agrees not to make any such claim; and
v. The supplier is not liable to rectify or repair subsequent damage or deterioration to any particular repair that The supplier has made which is as a result of normal ageing or usage wear and tear or through exposure to the elements or as a result of further damage being sustained to the repaired section of the Vehicle.
vi. This warranty will be void if You fail to comply with these terms and conditions.
i. To the extent allowable by law, risk in the goods will pass to the client on the goods being delivered to the client or taken from The supplier’s premises.
ii. To the extent allowable by law the client is responsible for all loss, damage or injury to persons or to property arising out of the use, installation or possession of the goods.
iii. During repairs, some or all of your stored data, if any, may be lost. You must ensure that any data is saved elsewhere prior to repairs.
iv. Except as the Terms state, or as contained in statutory obligations under Australian Consumer Law, the Contract does not include by implication any other term, condition or warranty in respect of the quality, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
Delivery of goods and provision of services
i. The date for delivery of goods or provision of services stated by us is an estimate only. The supplier will endeavour to keep you informed of delays, however, will not be held liable for unforeseeable delays or delays caused by unforeseeable events.
ii. The supplier will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
iii. If The supplier cannot complete the services by any estimated date, The supplier will complete the services within a reasonable time.