Terms of Trade

This document sets out the terms and conditions upon which Intune Automotive Centre ABN: 27 169 617 154

This document sets out the terms and conditions upon which Intune Automotive Centre ABN: 27 169 617 154 (Supplier, We, Us, Our) will provide goods and services to you (Customer, You, Your).

Definitions and Interpretation

In these Terms:

“Additional Charge” means fees or charges for additional work performed at the Customer’s request or reasonably required as a result of the Customer’s conduct, calculated in accordance with the Supplier’s then current prices and expenses incurred by the Supplier, at the Customer’s request or reasonably required as a result of the Customer’s conduct.

“Customer Supplied Goods” means any parts or products sourced and supplied by a Customer which the Supplier uses in providing services to that Customer.

“Loss” includes, but is not limited to, costs (including party to party legal costs and the Supplier’s legal costs), expenses, lost profits, award of damages, personal injury and property damage.

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth);

“Contract” means any agreement for the provision of goods or services by Us to You;

“Customer” means the person, jointly and severally if more than one, acquiring goods or services from Us, whose details are set out in the order.

“deliverable” means any deliverable produced by the services;

“Defect” or “Defective” means a defect or flaw in the goods which prevents the goods from being used for the purposes intended for such goods or which makes the use of the goods dangerous, but does not include anything which has been disclosed as a feature or limitation of the goods by Us before the date of purchase, or any defect that is trivial or insubstantial;

“goods” means goods supplied by Us to You;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Non-Excludable Rights” has the meaning given in clause 10.1;

“PPSA” means the Personal Property Securities Act 2009 (Cth);

“services” means services supplied by Us to You;

“Uncollected Goods Legislation” means (as relevant) the Australian Consumer Law and Fair Trading Act 2012 (Vic).

“Vehicle” means any equipment or vehicle or part of a vehicle provided by You for the purpose of obtaining any goods or services.

1. General

  • 1.1 These terms apply to all transactions between the Customer and Supplier relating to the provision of goods and/or services. This includes all quotations, contracts and variations. These terms take precedence over terms contained in any document of the Customer or elsewhere.

2. Quote

  • 2.1 The Supplier may provide the customer with a verbal or written quote (Quote). Any Quote issued by the Supplier is valid for 30 days from the date of issue subject to availability of and any changes to the cost of goods quoted. Quotes are based upon the estimated labour cost and costs of materials available at the time of preparation of the Quote. The Supplier may amend any details in the Quote by notice in writing, via SMS or over the telephone to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.

3. Invoicing and payment

  • 3.1 Upon completion of the provision of the services, the Supplier will issue an invoice to the Customer for: an amount for the goods or services (or both) as set out in the Job Card and/or Quote and any Additional Charges, or where no Quote has been provided, the Supplier’s usual charges for the goods or services (or both) provided.
  • 3.2 The payment terms will be set out in the invoice. The Supplier may accept direct deposit, cash, card, ZipPay and Afterpay.
  • 3.3 If an amount owing remains unpaid for a period of 5 days after the Supplier provides notice of completion, the Supplier may charge the Customer $50 per day until payment is made.
  • 3.4 The Supplier will exercise a lien on the Customer’s vehicle and may withhold the provision of any further goods or services until the Customer has paid all amounts owing by it to the Supplier.
  • 3.5 The Customer is to pay the Supplier on demand interest at the rate of 15% per annum on all overdue amounts owed by it to the Supplier, calculated daily.
  • 3.6 All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees, interest, storage charges and internal costs and expenses of the Supplier, are to be paid by the Customer as a debt due and payable under these terms.
  • 3.7 The Supplier may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
  • 3.8 The Supplier may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
  • 3.9 The Customer acknowledges that it has read and understood the Supplier ‘s sign in store which states: The Consumer Law and Fair Trading Act 2012 (Vic) covers inspection, custody, storage, repair and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection (see clause 6).
  • 3.10 The Customer and the Supplier agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.

4. Assignment

  • 4.1 The Supplier has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms provided that the assignee agrees to assume any duties and obligations of the Supplier owed to the Customer under these terms.

5. Exclusions and limitation of liability

  • 5.1 The Customer acknowledges and agrees: that the Supplier: may in its absolute discretion, refuse to fit any Customer Supplied Parts; is not the supplier or manufacturer of the Customer Supplied Goods; does not offer any warranty in relation to the Customer Supplied Goods; takes no responsibility for any Loss as a result of the Customer Supplied Goods. To indemnify the Supplier from any Loss in relation to the Customer Supplied Goods.
  • 5.2 Except as provided in these terms all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the goods and/or services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise is expressly excluded.
  • 5.3 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 to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. 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’.

6. Storage and Disposal

  • 6.1 You agree to pay Us a storage fee in relation to any goods and/or Vehicles that you fail to pay for or collect by the relevant date set out in this Contract, charged at Our standard applicable rates for the duration of the storage. Our storage fees, along with any other amounts owing for goods and/or services under this Contract, must be paid before You can collect or arrange for delivery of the goods and/or Vehicles.
    • 6.1.2 If you fail to:
      • 6.1.2.1 make payment for goods and/or services within 30 days after the date for payment under this Contract; or
      • 6.1.2.2 collect goods and/or Vehicles within 30 days after the date for collection under this Contract,
  • 6.2 We may sell or dispose of the relevant goods and/or Vehicles in any manner We deem as appropriate, provided that We have first made reasonable attempts to contact You and have not otherwise caused You to be unable to make payment for, or collect or accept the delivery of the goods and/or Vehicles.
  • 6.3 Where We exercise our right to dispose of goods and/or Vehicles under clause 8.2, We will retain from the proceeds of sale all amounts owing to us under this Contract. The balance of the proceeds of sale will be dealt with in accordance with Uncollected Goods Legislation.

7. Risk

  • 7.1 Risk in the goods will pass to You when You collect the goods from the delivery location, or when the goods are loaded for delivery to You at Our premises.

8. Liabilities and Disclaimers

  • 8.1 Nothing in this Contract is intended to have the effect of excluding any applicable law that cannot be excluded, restricted, or modified by agreement of the parties (Non-Excludable Rights).
  • 8.2 Subject to clause 8.1, and to the extent permitted by law:
    • 8.2.1neither party will be liable to the other party for any indirect or consequential loss;
    • 8.2.2 all conditions, implied terms and warranties, whether statutory or otherwise, are excluded in relation to the goods and services;
    • 8.2.3 Our liability to You for any Defective goods or services or for any other loss however caused is limited to:
      • 8.2.3.1 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods or payment of the cost of doing so; and
      • 8.2.3.2 in the case of services, the resupply of the services or payment of the cost of doing so.
  • 8.3 You acknowledge and agree that:
    • 8.3.1 goods (including goods comprised in any Vehicles) presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods; and
    • 8.3.2 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.

9. Miscellaneous

  • 9.1 These terms are governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria. These terms including any Quotes as varied represent the entire agreement between the parties. The Customer warrants that it has not relied on any warranty, representation or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the subject matter of these terms except those expressly set out in these terms. If any provision of these terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.

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