[for annexing to quotations, estimates, invoices, website and other supply agreements, which together with these terms and conditions of trade, comprise the agreement between us]
1. Application of terms
These general agreed terms apply to all transactions between us. Other documents relating to our transactions may include any specific terms and conditions.
By accessing these terms, you agree to be bound by these terms. We may amend these terms and conditions from time to time.
These terms are governed by the laws of Victoria.
2. Products and services
We offer the products and services listed on our website from time to time which include, but are not limited to, the following:
- Logbook servicing
- Roadworthy inspections and certificates
- Performance upgrade options and modifications to brake systems, exhaust systems, engine management and suspension systems.
We reserve the right to amend the range and prices of the products and services offered at any time. You understand that there may be additional costs incurred during the course of providing the products and services authorised by you.
All products and services are subject to availability.
3. Bookings
Bookings for our products, services and/or work to be performed on your vehicle can be made by contacting us directly. If you wish to cancel or reschedule your booking, the following fees apply:
- Less than two (2) business days’ notice of cancellation or rescheduling, a cancellation fee equal to twenty percent (20%) of the cost of the booking will be payable to us by you.
- Any deposit paid will be forfeited upon cancellation and will be applied towards the cancellation fee payable, or part thereof.
- In the event that products ordered on your behalf are not returnable to the supplier for a refund, or if returnable for a refund, a penalty is imposed by the supplier on the return (whether the products are special order or otherwise), you will be liable for payment of the total cost incurred by us in relation to those products (including the cost of return delivery and any penalty which may be imposed by the supplier in respect of the return).
4. Payment
“Price” for the products, services and/or work to be performed on your vehicle means:
- the quoted price, or any variation to the quoted price agreed verbally and confirmed in writing by us;
- the amount to be paid as agreed between us; or
- the amount established by a course of dealing between us.
If you must make a payment or do any other thing on or by a day that is not a business day, you must make the payment or do the thing on or by the next business day.
Unless otherwise agreed, payment in full of the price is a condition precedent to collection or delivery of your vehicle to you unless otherwise agreed between us in writing.
By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangement.
You will be in default if you do not pay us when money is due for payment or fail to comply with any other obligation under our agreement.
If you are in default under our agreement, we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have five (5) business days to rectify the default.
If you do not comply with the default notice you become immediately liable to pay us all money owing with interest on that amount from the due date until payment at the current penalty interest rate under the Penalty Interest Rate Act 1983 plus two percent (2%) per annum.
You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you (if any) and indemnify us against any losses resulting from the default.
We reserve our right to hold your vehicle, and exercise a ‘mechanic’s lien’, until you have paid us the price for the products, services and/or work performed on your vehicle. If you do not collect your vehicle within three (3) days of us notifying you that the vehicle is ready to be collected, we reserve the right to charge you to store your vehicle at a rate of $50 per day until you collect your vehicle. You must pay the price for the products, services and/or work performed on your vehicle together with the amount we charge for storage when collecting your vehicle.
5. Obligations
You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given to us, in relation to your vehicle is true and correct and acknowledge that we will rely on the information and representations provided to us when providing the products, services and/or work performed on your vehicle.
You acknowledge that if you have asked us to provide products and/or perform services that include modifications or changes to your vehicle, that the modifications or changes you have requested to be made to your vehicle may not meet local, state or federal laws and that you accept and take all responsibility for ascertaining that what you have requested complies with the applicable laws. You accept that you are solely responsible for any parts and/or products installed, modifications and/or changes made to your vehicle that do not comply with the applicable laws and that you accept and agree to take responsibility for ensuring that your vehicle is compliant with all laws before driving your vehicle.
You direct and authorise us to complete the modifications or changes (including the installation of parts and/or products) you have requested to be made to your vehicle and acknowledge and accept that the installation of these parts and/or products, modifications and/or changes to your vehicle may void any manufacturer’s warranty on the vehicle or any part installed as part of these modifications or changes.
If we provide products to you at your request, the warranty provided to you is limited to the extent of the warranty provided by the manufacturer of those products. Any warranty on products that are defective is limited to the extent of the warranty provided by the manufacturer of those products. If the products have deteriorated or been damaged as a result of your misuse, negligence, accident, or improper or inadequate maintenance of products and/or your vehicle, you acknowledge and accept that we are not responsible.
You acknowledge and accept that we are not responsible for any damage to your vehicle whilst we perform the requested services to your vehicle.
You understand and accept that any modifications or changes to your vehicle may impact on your vehicle insurance. You acknowledge that before requesting that we complete the modifications or changes you desire to make to your vehicle that you have duly notified your insurance provider of these intended modifications or changes as your provider may limit the modifications covered under the policy. You acknowledge that certain modifications or changes may entirely void your insurance policy or result in an insurance provider charging you more.
You acknowledge and accept that making modifications or changes to your vehicle (including the installation of parts and/or products) can impact the performance, value, safety and/or appearance of your vehicle.
You acknowledge and accept that making modifications and changes to your vehicle (including the installation of parts and/or products) may result in you being required to use appropriate fuel at a minimum of 98 RON fuel and that you agree that you will ensure that you use the appropriate fuel in your vehicle. Your failure to adhere and follow this recommendation and use the recommended fuel may result in damage to your vehicle and/or your vehicle not performing as efficiently as possible and that we will not be responsible for any loss and damage you suffer as a result.
You acknowledge and warrant that your vehicle is adequately insured for its full replacement value whilst it is with us, including but not limited to, on our premises, transport, road testing, etc. You acknowledge that before instructing us to complete the modifications or changes you desire to make to your vehicle that you have confirmed with your insurance provider that your insurance policy is valid and your vehicle is insured for its full replacement value whilst your vehicle is in our possession and/or control, including but not limited to, whilst your vehicle is on our premises, transport, road testing, etc.
You understand and accept that we [Euro Motorsport (Vic) Pty Ltd, its directors, employees, contractors and subcontractors] are not liable for any change in performance, value, safety and/or appearance of your vehicle caused by the modifications or changes you have directed and authorised us to make to your vehicle.
By directing and authorising us to perform the modifications and changes, you understand and agree that we [Euro Motorsport (Vic) Pty Ltd, its directors, employees, contractors and subcontractors] are not liable for any loss, any claim, loss, damage, injury or death caused by the modifications or changes you requested be made to your vehicle and agree to release and indemnify us [Euro Motorsport (Vic) Pty Ltd, its directors, employees, contractors and subcontractors] from all claims made in relation to the said modifications or changes.
It is your responsibility to arrange and pay for transport of your vehicle to and from us. You acknowledge and accept that we are not responsible for your vehicle once it leaves our premises. In the event you request us to arrange transport of your vehicle on your behalf, you acknowledge and accept that we are not responsible for your vehicle whilst it is being transported to or from our premises.
6. Disposal of Parts
In the event that in the performing the modifications and changes, that parts and/or products are removed from your vehicle and replaced, you acknowledge and agree that we will dispose of the parts and/or products removed, unless you request that we retain and you collect those parts and/or products on the day you collect your vehicle, failing which you agree that you will make no claim for those parts and/or products after you have collected your vehicle from us, unless alternative arrangements have been agreed in writing between us.
7. Refunds
Given the nature of the products, services and work performed on your vehicle, we do not offer refunds unless required under Australian consumer law.
Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
8. Dispute Resolution
When a dispute arises between us you agree to comply with our dispute resolution process. To this end, a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required, and the action believed necessary under the circumstances that will assist both in settling the dispute.
Each party will then in good faith attempt to resolve the dispute by negotiation.
Notices must be in writing and be given personally, by Express Post or by email.
9. General
These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the Victorian courts in relation to any dispute connected with these terms.
For us to waive a right under these terms, the waiver must be in writing.
If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.