Terms and Conditions

1. Definitions

• • The following rules of interpretation apply unless the context requires otherwise:

• • headings are for convenience only and do not affect interpretation;

  • the singular includes the plural and conversely;

  • a reference to a person includes a body corporate, an unincorporated body or other entity;

  • Where examples of a thing or set of things are given by reference to the word “including”, the meaning of references to the thing or set of things is not to be limited by reference to the examples.

2. Services

• • By signing this agreement or the NEW CLIENT FORM, you authorise Albany Trailer and Mechanical Repairs to provide the Services and any additional services (Additional Services) in accordance with the terms of this agreement and you agree to pay Albany Trailer and Mechanical Repairs current rates and prices for all labour, spare parts and materials.

• • Any Additional Services will be treated as part of the Services for the purposes of this agreement.

• • Albany Trailer and Mechanical Repairs is not liable for any loss or damage to your vehicle, its accessories or contents, or your vehicle component, while your vehicle or vehicle component is on Trailer and Mechanical Repairs premises or your vehicle is being driven for the purpose of providing or checking the Services provided, unless such loss or damage is a direct result of the negligence of Albany Trailer and Mechanical Repairs.

3. Price and payment

• • Albany Trailer and Mechanical Repairs will provide an estimate of the cost of the Services to be provided before any of the Services are provided. The estimate of which may be verbal or physical will be discussed with you before work is commenced on your vehicle or vehicle component.

• • Estimates remain valid for 7 days after the date Albany Trailer and Mechanical Repairs gives them to you.

• • If providing any Additional Services will mean the estimate is exceeded, Albany Trailer and Mechanical Repairs will first contact you to explain the Additional Services required and to seek your authorisation for the additional costs to be incurred.

• • The price you pay for the Services will be the one that is current when you agree to these Terms and Conditions.

• • Once the Services have been provided, Albany Trailer and Mechanical Repairs will give you a tax invoice describing the Services provided and the price payable for the Services.

• • You must pay for the Services in full on the day that the provision of the Services is completed and before you collect your vehicle or vehicle component.

• • Notwithstanding, clause 3.7, if you have an authorised trading account with Albany Trailer and Mechanical Repairs, then you have 7 days from the date of the tax invoice by which time you must pay for the Services.

• • You can pay by cash, credit card, EFTPOS or bank cheque (if previously agreed). Payment made by Visa or MasterCard credit cards will incur a surcharge of 1%. Payment made by American Express credit cards (Amex) will incur a surcharge of 3%. Personal cheques are not accepted.

4. Passing of risk and title

• • Risk in any goods sold to you will pass when you take delivery of the goods. Title in the goods sold will not pass until full payment for the goods and any other amounts which you may owe to Albany Trailer and Mechanical Repairs, either under this agreement or any other agreement, have been paid in full.

• • Until such time as title in the goods passes to you, you will hold the goods as bailee of Albany Trailer and Mechanical Repairs, where practicable store the goods in a manner which makes them identifiable as the property of Albany Trailer and Mechanical Repairs and keep the goods insured against theft, damage and destruction.

• • Albany Trailer and Mechanical Repairs is entitled, at any time while any debt remains outstanding by you beyond its due date of payment, to notify you of its intention to take possession of goods and for this purpose to enter upon your land and buildings with all necessary equipment to take possession of the goods.

• • You will give immediate notice to Albany Trailer and Mechanical Repairs of:

• • • any notice to you that a receiver or manager is to be or has been appointed over your assets or any part of your business or undertakings;

    • any notice to you that a petition to wind up your company is to be or has been presented or any notice of a resolution to wind up your company has been made;

    • decision by you that you intend to make any arrangements with its creditors; or

    • any act of bankruptcy by you as defined in section 40 of the Bankruptcy Act 1966 (Cth).

• • This clause creates a purchase money security interest for the purposes of the Personal Properties Securities Act 2009 (Cth) (PPSA). To the extent permitted under the PPSA, you agree to contract out of the provisions listed in section 115 of the PPSA which impose a burden on Albany Trailer and Mechanical Repairs. You waive your right to be provided with verification statements under section 157 of the PPSA. You and Albany Trailer and Mechanical Repairs agree that neither will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.

5. Lien and uncollected vehicles

• • As long as you owe Albany Trailer and Mechanical Repairs money, under this or any other agreement, Albany Trailer and Mechanical Repairs has a lien over your vehicle, its accessories and contents, or your vehicle component, which are in the possession of Albany Trailer and Mechanical Repairs.

• • If Albany Trailer and Mechanical Repairs exercises a lien over your vehicle or if you do not collect the vehicle within 7 days from the time it is ready for collection, Albany Trailer and Mechanical Repairs may charge a reasonable daily vehicle storage fee.

• • If you have not discharged the lien or you have not collected your vehicle within 3 months of Albany Trailer and Mechanical Repairs sending you notification that your vehicle is ready for collection, and Albany Trailer and Mechanical Repairs has not been able to contact you despite using reasonable efforts, Albany Trailer and Mechanical Repairs may sell or otherwise dispose of your vehicle or vehicle component by any reasonable method and at your expense without further notice to you.

• • The proceeds of any sale or disposal of your vehicle or vehicle component under clause 5.3, will be applied by Albany Trailer and Mechanical Repairs to the payment of any moneys that you owe to Albany Trailer and Mechanical Repairs. If the proceeds of the sale or disposal of your vehicle or vehicle component are:

• • not greater than the amount you owe to Albany Trailer and Mechanical Repairs, the deficit will still be a debt owed by you to Albany Trailer and Mechanical Repairs; or

• • greater than the amount you owe to Albany Trailer and Mechanical Repairs, the excess (less any costs incurred by Albany Trailer and Mechanical Repairs relating to the sale or disposal) will be remitted to you or if Albany Trailer and Mechanical Repairs is unable to remit the excess to you, the excess will be held by Albany Trailer and Mechanical Repairs for 6 months from the date of sale or disposal after which the excess will be forfeited to Albany Trailer and Mechanical Repairs.

• • Albany Trailer and Mechanical Repairs will not be liable for any loss or damage you suffer as a result of Albany Trailer and Mechanical Repairs selling or otherwise disposing of your vehicle or vehicle component under this clause, including any loss of any accessories or contents of the vehicle.

6. Parts and lubricants

• • Albany Trailer and Mechanical Repairs uses original vehicle manufacturer parts where possible or quality aftermarket parts and lubricants that meet or exceed the specifications of those originally fitted by your vehicle manufacturer. If you want Albany Trailer and Mechanical Repairs to use an alternate brand or product, Albany Trailer and Mechanical Repairs will take reasonable action to source that part or product for you, although this may impact on the pricing and time commitments of the provision of the Services.

• • You understand that larger vehicles may require high quantities or higher grade oil during servicing. Albany Trailer and Mechanical Repairs may at its sole discretion, and without contacting you for authorisation, charge an amount to cover the cost of the oil used in the service.

7. Registered vehicle

• • You understand that driving an unregistered vehicle is illegal and you warrant that your vehicle is registered in accordance with the state/territory legislative and regulatory requirements applicable to your vehicle.

• • You must notify Albany Trailer and Mechanical Repairs if your vehicle is not registered. If this is the case, Albany Trailer and Mechanical Repairs may charge a $75 Inc GST fee to provide trade plates to legally take your vehicle for a test drive on public roads to be able to assess whether the Services have been effectively provided.

• • If you have not notified Albany Trailer and Mechanical Repairs that your vehicle is not registered, you agree to indemnify Albany Trailer and Mechanical Repairs, its directors, employees and independent contractors, against any fines, penalties, claims, damages, losses, costs, liabilities and expenses (including, but not limited to, reasonable legal fees), injury or death caused to any person or property, including by negligence, arising out of or related to Albany Trailer and Mechanical Repairs provision of the Services, including driving or otherwise operating your vehicle.

8. Matters beyond Albany Trailer and Mechanical Repair’s control

• • Albany Trailer and Mechanical Repairs is not be liable for any delay in providing the Services to the extent that such delay or failure results from events or circumstances outside Albany Trailer and Mechanical Repairs reasonable control.

• • You understand that when providing the Services, the power supply in your vehicle may be temporarily interrupted. This may cause your audio system to lock and require an unlock code. Albany Trailer and Mechanical Repairs will take reasonable steps to prevent this from happening however it is usually outside Albany Trailer and Mechanical Repairs control. The unlock code for your audio system is supplied by the manufacturer of your vehicle and you will be solely responsible for paying any cost incurred by Albany Trailer and Mechanical Repairs in unlocking your audio system.

9. Manufacturer’s extended warranty

• • Some vehicle manufacturers provide extended warranties that may be negatively impacted or made void if Albany Trailer and Mechanical Repairs provide the Services for your vehicle or to your vehicle component.

• • You must ensure that the Services provided, or any part of the Services, will not affect or void the extended manufacturer’s warranty.

10. Privacy

• • Albany Trailer and Mechanical Repairs collects and deals with all of your personal information in accordance with ATACH PTY LTD’s Privacy Policy.

11. Liability

• • To the maximum extent permitted by law, Albany Trailer and Mechanical Repairs liability for breach of any implied or imposed guarantee, warranty or condition which cannot be excluded is restricted, at Albany Trailer and Mechanical Repairs option, to:

• • In the case of the Services supplied or offered by Albany Trailer and Mechanical Repairs, either:

(i)           the re-supply of those services; or

(ii)          the payment of the cost of having those services re-supplied;

• • In the case of goods supplied or offered by Albany Trailer and Mechanical Repairs, either:

(i)           the replacement of the goods or the supply of equivalent goods;

(ii)          the repair of the goods;

(iii)         the payment of the cost of having the goods replaced; or

(iv)         the payment of the cost of having the goods repaired.

• • To the maximum extent permitted by law, Albany Trailer and Mechanical Repairs will not be liable to you or any third parties for

• • • any claim, whether that claim arises in contract, tort (including negligence) or statute;

    • any loss (including loss of profits or special, indirect, incidental or consequential loss); or

    • damage, injury or death to any person or property, arising out of or relating to the goods sold by us or the Services provided by us.

12.  General

• • This agreement is governed by the laws of Western Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.

• • If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.

• • This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.

• • This agreement contains the entire agreement of the parties with respect to its subject matter.

13. Returns & Refunds

Albany Trailer and Mechanical Repairs may not accept returns on items if the purchaser changes their mind, when and if agreed Goods must be returned in original packaging and a 10% stocking fee will be charged.

Goods not accepted for return:

After 30 days.

If goods have been fitted, used in any way or no longer in a sell-able condition and

Have been specially procured.

Freight on returned goods is the responsibility of the customer.

No claims for shortage or damaged items will be recognised unless notified within seven (7) days from receipt of goods. Goods returned for credit will be subject to handling charges as follows: 1-29 days – 10%, After 30 days – NIL credit. All returns for credit are subject to substantiation to the Suppliers reasonable satisfaction and invoice numbers must be supplied before credit will be considered.