Terms and Conditions
Auto Repairers & Services Perth Pty Ltd
Terms and Conditions
1. Acceptance of Terms
(a) Any order, request or instruction received by Auto Repairers from the Customer for the supply of any Part or the provision of any Service constitutes acceptance of these Terms by the Customer.
(b) These Terms are irrevocable and may only be varied or amended by Auto Repairers.
2. Orders
(a) A Part or Service supplied by Auto Repairers is based upon the written, verbal or other communication received from the Customer.
(b) The Customer is solely responsible for determining that any Part purchased, or any Service performed is suitable and safe for the purpose for which the Part was purchased or the Service requested.
(c) Auto Repairers accepts no liability for, and no refund or credit note will be issued in respect of, any Part or Service incorrectly ordered or requested by the Customer, including but not limited to, any change of mind by the Customer.
3. Methods of Payment
(a) Payment for a Part or a Service can only be made in cash (including electronic funds transfer), by credit card (MasterCard, Visa card and American Express only) or in any other manner acceptable to Auto Repairers in its absolute discretion.
(b) Auto Repairers will not accept any payment by way of a personal cheque.
(c) The Customer must make payment to Auto Repairers at the time of collection of the Part or completion of the Service and if a Part is to be delivered to the Customer, then the Customer must make payment (including the costs mentioned in clause 4(d) below) sometime before the Part leaves the premises of Auto Repairers.
4. Delivery of Goods and Liability
(a) The Customer acknowledges and agrees that any date or time specified by Auto Repairers for the delivery or collection of a Part or the provision of a Service is a provisional date or time only and should Auto Repairers be unable to deliver the Part, the Customer be unable to collect the Part or Auto Repairers be unable to provide the Service at or by the specified date or time, then the time for delivery of the Part, the time for collection of the Part or the time for provision of the Service will be extended by the amount of time deemed necessary by Auto Repairers.
(b) Auto Repairers is not liable for any loss or damage suffered by the Customer which occurs due to the failure of Auto Repairers to provide a Part or Service to the Customer on a specified date or at a specified time.
(c) Auto Repairers may, at its sole discretion, cancel any order or instruction, in which case, any amounts paid by the Customer will be refunded in full.
(d) The Customer is liable to pay any freight, postage, insurance and packaging charges incurred for the dispatch or delivery of a Part to the Customer (including where the Part is to be used as part of a Service being provided by Auto Repairers).
(e) All property and risk in a Part passes to the Customer at the time the Part is collected and if the Part is to be delivered to the Customer, then all property and risk in the Part passes to the Customer immediately once the Part has left the premises of Auto Repairers.
5. Defects and Warranties
(a) Within the Warranty Period, the Customer may notify Auto Repairers of:
(i) any Part which the Customer reasonably considers has been incorrectly delivered to the Customer; or
(ii) any Part or Service that the Customer reasonably considers to be defective in any material respect,
and such notification will only be valid if:
(iii) Auto Repairers is provided with a copy of the original invoice concerning the Part or Service; and
(iv) if the notification concerns a Part, that Part is also provided to Auto Repairers.
(b) Subject to clauses 5(c), 5(d) and 5(e), if the Customer has complied with clause 5(a) and Auto Repairers, acting reasonably, determines that the Part has been incorrectly delivered or that the Part or Service is defective in any material respect, then the liability of Auto Repairers is limited to the following:
(i) For a Part that has been incorrectly delivered to the Customer, Auto Repairers will, at its cost, supply the correct Part originally ordered by the Customer in exchange for the return of the incorrectly delivered Part.
(ii) For a Part that is defective in some material respect:
A. Auto Repairers will, at its cost, either exchange the Part or repair the Part as determined by Auto Repairers in its absolute discretion; or
B. except in respect of an electrical Part (which will only be exchanged in accordance with clause 5(b)(ii)A.) if, in the opinion of Auto Repairers, the defective Part is not suitable for exchange or repair, then Auto Repairers will refund the purchase price of the defective Part to the Customer.
(iii) For a Service that is defective in some material respect, Auto Repairers will, at its cost, rectify the defective work.
(c) Auto Repairers has no liability whatsoever in respect of any loss or damage suffered by a Customer except to the extent outlined in these Terms and without limiting the foregoing and for the avoidance of doubt, Auto Repairers will not be liable for any consequential loss caused to or incurred by a Customer, including but not limited to, any loss of income or loss of profits.
(d) Auto Repairers will not be required to comply with clause 5(b) and will otherwise have no liability to the Customer whatsoever if a defect to a Part or Service is caused, directly or indirectly, as a result of any of the following:
(i) improper installation or incorrect application of a Part by the Customer or a third party;
(ii) the Part being fitted by a person who is not a licensed repairer or mechanic;
(iii) overheating or overloading of a vehicle;
(iv) insufficient use or incorrect use of oil or lubricants;
(v) failure to carry out correct maintenance in a timely manner;
(vi) any unauthorised repairs, alterations or dismantling;
(vii) misuse, neglect or accidents on the part of the Customer or any third party;
(viii) timing belt and seals not being changed or repaired in a timely manner;
(ix) the continued use of any Part after a defect becomes apparent or would have become apparent to a reasonably prudent operator of a Vehicle;
(x) fair wear and tear or any act of God (including but not limited to, storm, fire, tempest and earthquake);
(xi) damage to a Part by the Customer or a third party;
(xii) a failure on the part of the Customer to follow any instructions or guidelines provided by Auto Repairers; or
(xiii) any action or inaction on the part of the Customer or a third party.
(e) The Customer acknowledges and agrees that engines are sold and supplied as ‘long bare’ and whilst accessories may be left on an engine supplied to the Customer for the sake of convenience, Auto Repairers accepts no responsibility for any loss or damage caused to any such accessories and makes no representations or warranties in respect of the accessories.
(f) Any term, condition, warranty, guarantee or other clause which may be implied or inserted into these Terms is specifically excluded to the maximum extent permitted by law.
6. Service and Repairs
(a) Auto Repairers agrees that it will use all reasonable skill or technical knowledge when fitting a Part to, servicing or repairing, a vehicle.
(b) The Customer acknowledges and agrees that:
(i) any part presented for repair may be replaced by a new or used Part of the same type rather than be repaired; and
(ii) used Parts may be used to repair a vehicle.
(c) Auto Repairers will notify the Customer if any used Parts are to be used on a vehicle instead of a new part or part being repaired.
(d) The Customer acknowledges and agrees that:
(i) the Customer’s vehicle, its accessories and any property or contents attached to or contained in or on the vehicle are left at the premises of Auto Repairers solely at the Customer’s own risk; and
(ii) Auto Repairers will have no liability to the Customer in respect of any:
A. damage to the Customer’s vehicle, its accessories and any property or contents attached to or contained in or on the vehicle, except to the extent that the damage is caused by Auto Repairers; and
B. loss or theft of the Customer’s vehicle, its accessories and any property or contents attached to or contained in or on the vehicle.
7. Severance
If a provision of these Terms is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Terms and the remaining provisins of these Terms remain in full force and effect.
8. Definitions and Interpretation
(a) In this document, the following terms have the following meanings unless inconsistent with the context:
(i) Auto Repairers means Auto Repairers & Services Perth Pty Ltd (ACN 627866139);
(ii) Business Day means any day which is not a weekend or public holiday in Perth, Western Australia;
(ii) Customer means a person who orders, requests or purchasers a Part or Service from Auto Repairers (including that person’s agent) and the owner of a vehicle which is the subject of a Service or to which a Part is to be fitted;
(iii) Part means any part or good sold or provided to, or available to be sold or provided to, a Customer by Auto Repairers;
(iv) Service means any service or repairs whatsoever performed on a Customer’s vehicle by Auto Repairers;
(v) Terms means the terms and conditions contained in this document; and
(vi) Warranty Period means, when used in respect of a:
A. Part, a period of 3 months commencing from the day when the Customer has paid for the Part in full; and
B. when used in respect of a Service, a period of 7 days commencing from the day when the Customer has paid for the Service in full.
(b) In these Terms, unless inconsistent with the context:
(i) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
(ii) the singular includes the plural and vice versa;
(iii) a heading is for convenience only and does not affect interpretation;
(iv) the word includes is not a word of limitation and does not restrict the interpretation of a word or phrase in this document;
(v) a reference to a thing, including but not limited to a right, is a reference to either the whole thing or a part of the thing;
(vi) a reference to time is to Perth, Western Australia time; and
(vii) if the date on which a thing must be done is not a Business Day, then that thing must be done on the next Business Day.
9. Privacy Statement
The 1988 (Act) and the 13 Australian Privacy Principles (APP’s) regulate the way in which certain entitles must handle personal information. Our Privacy Statement sets out how we manage your personal information and other information in accordance with Act and the APP’s. Our Privacy Statement is available on request.
Auto Repairers Perth Pty Ltd
Used Car Part. It is solely the responsibility of the customer to check the Part before leaving Auto Repairers and to make sure it is fitted, tested and declared safe by a licensed repairer. We will therefore accept no responsibility for any loss or damage caused by the failure of a part as explained in these terms and conditions.
Services and repairs. It is solely the responsibility of the Customer to check their vehicle before leaving Auto Repairers and to make sure their vehicle is serviced to their satisfaction with all requested work. We will therefore reserve the right to refuse any returns pertaining to the Service and or repair as explained in these terms and conditions.