TERMS & CONDITIONS

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The terms and conditions of the Estimate between the Customer, and SVS Autocare referred to as the Company are detailed below.

1. INTERPRETATION

1.1 In these terms unless the context otherwise requires the singular includes the plural and vice versa, and any gender includes any other genders and words denoting persons shall include bodies corporate and vice versa.

1.2 Headings to articles, clauses and sub-clauses are inserted for convenience only and shall not form part of these terms nor affect its construction and references to articles, clauses and sub-clauses shall be references to articles, clauses and sub-clauses of these terms unless otherwise indicated.

2. DEFINITIONS

Company – means SVS Autocare, its associated entities, its successors and assigns or any person acting on behalf of and with the authority of SVS Autocare.

Completion – means the date upon which the Works are complete in accordance with the Estimate apart from minor omissions and defects.

Price – means the amount stipulated in the Estimate for which Company has agreed to perform the Works.

Customer – means the person named in the Estimate, its successors and assigns or any person acting on behalf of and with the authority of the Customer as described on any application, quotation, work authorisation or other form as provided by the Company to the Customer.

Vehicle – means a motor vehicle that is owned by the Customer.

Date for Commencement – means the date stated in the Estimate, or if nothing stated within a reasonable time after the Company notifies the Customer in writing that approval has been obtained from the relevant authority.

Deposit – means the amount stated in the Estimate.

Goods – means all material components and parts and shall include any supply of Services as hereinafter defined and are as described on the invoices, quotation, or any other forms as provided by the Company to the Customer.

Guarantor – means that person (or persons), or entity, who agrees to be jointly and severally liable for the debts of the Customer on a Customer debtor basis.

PPSA – means the Personal Property and Securities Act 2009 (Cth) as amended from time to time.

Estimate – means the document titled “Estimate, Invoice or Quote” and is subject to the following conditions which:-

  1. shall apply to any contract resulting from the acceptance of the Estimate by the Customer, unless expressly waived in writing
  2. shall override all inconsistent provisions in tender documents, specifications, orders, acceptances, contracts and agreements
  3. shall be expressly embodied in or shall be deemed to be embodied in all contracts or agreements, formal or informal, express or implied, made pursuant to the Estimate

Site – means the location described in the Estimate.

Works – means the works described in the Estimate and includes any Goods, parts and/or services.

Contract – means the agreement between Company and the Customer upon the terms and conditions set out in the Estimate.

3. PERFORMANCE AND PAYMENT

3.1. The Company will perform the Works in accordance with this Estimate.

3.2. At the Company’s sole discretion the Price shall be either:

  1. as indicated on invoices provided by the Company to the Customer in respect of the Works; or
  2. the Company’s Estimated Price (subject to clause 3.3) which shall be binding upon the Company provided that the Customer shall accept the Company’s quotation

3.3. The Company reserves the right to change the Price in the event of a variation to the Company’s quotation.

3.4. If the Customer requires work to be performed outside of the Company’s normal trading hours then the Price shall be increased to include the Company’s usual overtime rate.

3.5. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3.6. The Customer is taken to have accepted and is immediately bound by these terms and conditions if the Customer provides the Company with any instructions for the Works and/or the Customer’s acceptance of the Estimate supplied by the Company shall constitute acceptance of the terms and conditions contained herein.

3.7. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

3.8. This agreement and these terms and conditions bind the Customer both personally and as trustee of any trust of which the Customer is trustee.

3.9. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Company.

3.10. All estimates, figures and projections included in any document developed by the Company are for illustration purposes only and are not a guarantee of performance. They are provided on the basis that neither the Customer nor any other user of the estimates, figures and/or projections will have any claim or right of recovery against the Company its employees or contractors.

3.11. if the Company provides estimated times for the provision of the Works, or any other time estimates the Company does not warrant the accuracy of the estimated times. The estimated times are estimates only and must not be relied upon by the Customer.

3.12. The Company shall not be responsible for any stoppage or delay either in the commencement and/ or completion of the works caused [wholly or partly] by strike, lockout, industrial disturbance, breakdown of plant and equipment [ which however shall be remedied by the Company without undue delay] or any other cause beyond the Company’s control and the Customer shall not be entitled to cancel or rescind this agreement or claim damages by reason of such stoppage or delay herein described.

4. COMPLETION

4.1. he Company must complete the Works by the Completion date. The Date for Completion is subject to the availability of material and labour, industrial disputes, machine breakdown and unseasonal weather conditions.

4.2.The Company will not be held liable for any delays or costs caused by these issues or any other incalculable issues and will be entitled to claim an extension of time to the Date for Completion.

5. CUSTOMER OBLIGATIONS

5.1. The Customer must give the Company clear and unobstructed access to the Vehicle as necessary to enable performance of the Works.

5.2.The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Works promptly or at all where due to circumstances beyond the control of the Company.

6. RISK AND USE

6.1. Where a third party has supplied materials for the Company to complete the Works, the Customer acknowledges that the Company accepts no liability for the suitability of purpose, quality and any faults inherent in the materials. The Company shall not be responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the use of the materials supplied.

7. STATUTORY WARRANTIES

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:

7.1. 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:

  1. to cancel your service contract with us; and
  2. to a refund for the unused portion, or to compensation for its reduced value

7.2. 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.

7.3. To the extent required by law, the Company warrants that:

  1. the Works will be carried out in an appropriate and skilful way with reasonable care and skill;
  2. all materials supplied and used will be of good quality and suitable for the purpose which they are used;
  3. the Company will comply with all relevant laws and legal requirements and in accordance with the plans and specifications (if any); and
  4. any provisional sums included in the Estimate have been calculated with reasonable care and skill

8. DEFECTS, WARRANTIES AND COMPETITION AND CONSUMER ACT 2010 (“CCA”)

8.1. The Company does not give any warranty nor accept any liability in relation to the performance or non-performance of the Works except to the extent, if any, required by law or specifically provided for in this Contract. If apart from this clause any warranty or liability would be implied by law, custom or otherwise, that warranty and liability is to the full extent permitted by law excluded. Nothing in this Contract shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of goods or Works pursuant to this Contract of all or any of the provisions of the CCA or any relevant state legislation or territorial ordinance which by law cannot be excluded, restricted or modified.

8.2. If any liability is implied by law, custom or otherwise, the liability of the Company to the Customer arising out of the performance or non-performance of the Works shall be limited to fees and expenses.

8.3. The Customer indemnifies the Company against any claims that may be made against the Company by any person appointed by the Company acting as the Customers agent or with whom the Company has dealings as the Customer’s agent.

8.4. If the Customer is a consumer within the meaning of the CCA, the Company’s liability is limited to the extent permitted by section 64A.

8.5. The conditions applicable to the warranty given are:

  1. limited to the value of any express warranty to the Customer by the Company at the Company’s sole discretion;
  2. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:(i) failure on the part of the Customer to properly maintain any Goods; or
    (ii) failure on the part of the Customer to follow any instructions or guidelines provided by the Company; or
    (iii) any use of any Goods otherwise than for any application specified on an Estimate or order form; or
    (iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
    (v) fair wear and tear, any accident or act of God
  3. the warranty shall cease and the Company shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Company’s consent
  4. in respect of all claims the Company shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim
  5. otherwise negated absolutely

8.6. The Customer must inform the Company in writing of any defects in the Works which arise within three (3) months of Completion and within 14 days of becoming aware of the defect. The Company will not be responsible for any faults or damage caused by the negligence of the Customer, their servants, agents, by the Customer performing any work or having performed any work on the structure or the Customer’s actions that void the manufacturer’s warranties.

9. TITLE TO GOODS

9.1. The Company and the Customer agree that ownership of the Goods shall not pass until:

  1. the Customer has paid the Company all amounts owing for the Works and/or particular Goods; and
  2. the Customer has met all other obligations due by the Customer to the Company in respect of all Estimates between the Company and the Customer

9.2. Should the Customer fail to pay all amounts owing, the Company reserves its right to retain the Vehicle for the purpose of repossessing Goods fitted for the Vehicle. The right to repossess the fitted goods is without prejudice to any other rights of recovery available.

10. STORAGE LIENS ACT

10.1 In addition to the power of the Disposal of Uncollected Goods Act 1967 the Company has the power of a statutory lien over the Goods for all moneys payable by the Customer to the Company pursuant to section 3 of the Storage Liens Act 1973 (Qld) (Act).

10.2 The storer’s lien on goods is declared to be a statutory interest to which section 73(2) of the Personal Property Securities Act 2009 (Cwlth) applies and has priority over all security interests in relation to the goods.

10.3 Should some part of the moneys payable to the Company remain in arrears for a period of not less than 6 months (or such other period as may be allowed by the Act), The Company will, after providing written notice in accordance with the Act, sell the Goods by public auction.

10.4 After deducting the costs associated with or connected to the sale the Company is entitled to retain and apply the proceeds of sale to the payment of any outstanding fees and charges.

11. TERMINATION

11.1 Should the Customer or the Company wish to terminate the Estimate, they must give (7) days written notice stating the grounds on which termination is sought. It is at the Company’s sole discretion to accept or reject the termination.

11.2 In the event of termination (by any party), the Customer will be obliged to pay all the costs expended by the Company to the date of termination plus the costs of any Goods acquired by the Company from a third party.

12. DEFAULT & CONSEQUENCES OF DEFAULT

  1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
  2. If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and the Company’s collection agency costs.
  3. If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00) shall be levied for administration fees which sum shall become immediately due and payable.
  4. Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
    4.1 any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
    4.2 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors (other than as specified in the amendments to the Corporations Act 2001 (Cth) enacted by Part 2 of the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth)); or
    4.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer (other than as specified in the amendments to the Corporations Act 2001 (Cth) enacted by Part 2 of the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth)).

13. SECURITY AND CHARGE

13.1 Despite anything to the contrary contained herein or any other rights which the Company may have howsoever:

13.1.1 where the Customer and/or the Guarantor (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

13.1.2 should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own Customer basis.

13.1.3 the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

14. GENERAL

14.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

14.1.1. The expiry or termination of these terms and conditions does not affect the rights which have accrued before that expiry or termination or any rights and obligation of the parties which survive the expiry or termination.

14.2. Any reference in these terms and conditions to any Statute or Statutory Provision includes a reference to that Statute or Statutory Provision as from time to time amended, extended or re-enacted.

14.3. These terms and conditions and any Estimate to which they apply shall be governed by the laws of the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts of the State of Queensland.

14.4. The Company shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions.

14.5. In the event of any breach of this Estimate by the Company the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods and/or Services.

14.6. The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Company nor withhold payment of any invoice because part of that invoice is in dispute.

14.7. The Company may license or assign all or any part of its rights and obligations without the Customer’s consent and in so doing the Company is fully discharged from its obligations to the Customer.

14.8. The Customer agrees that the Company may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change in writing.

14.9. This agreement is personal to the Customer and the Customer may not assign the agreement without the Company’s written consent.

14.10. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

14.11. These terms and conditions shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.

14.12. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

14.13. The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.

What Client Say

As a former sales rep in the automotive industry, I’ve had the opportunity to visit over a thousand workshops between Brisbane and Bundaberg, including all of the major prestige dealerships. The SVS Autocare workshop is one of the most pristine …

Michael Lane

We have had a cars serviced with SVS Autocare several times and they are amazing!! From the moment you walk through the door, the service is fantastic and they go above and beyond what they have to. All of the …

Katrina Scotland

I’d like to thank the crew at SVS Autocare for their great service throughout the years. My car broke down last week and from the first second on the phone they were 100% professional and understanding to my needs as …

Alexander Symonds

A few months ago I had an issue with the timing chain on my Mercedes CLS. This immediately became a MAJOR problem when I received a quote from the local Mercedes dealer for over $19,000!!! As I was familiar with …

Natalee Nancarrow

I can’t speak highly enough of the service and workmanship of all at SVS. My experience began with a friendly, warm reception by the owners wife and staff. After a sympathetic ear, the owner / technician was summoned and came …

Stephen G Rado

Dear Catherine, Martin and the fabulous team at SVS, I would like to say a very big thank you to everyone who had a hand in putting my Mitsubishi Pajero back on the road. After the months of drama and …

Gwyneth

The service provided by SVS Autocare is secondary to none. All their staff are friendly, efficient and knowledgeable. They send regular reminders. They pick up our cars from work and drop them back before the end of the day or …

Dr Oliver Gunson