Terms and conditions of sale
Last updated: October 2019
These terms and conditions form part of the contract (“agreement”) between John Dale Motors Pty Ltd (ABN 35 104 973 999) (in this agreement, “we” or “us”) and the customer (in this agreement, “you”) that is formed when you sign a form issued by us that describes services that we will perform (“Service Authorisation”) or when we agree to sell products to you.
You acknowledge that these terms and conditions and the Service Authorisation embody the whole agreement between you and us. You agree that the scope and terms of the Service Authorisation (including prices and quotes) may change as a result of updated instructions from you or repairs found to be deemed necessary & approved by you. By offering to buy products and/or services from us and by signing a Service Authorisation you agree to be bound by this agreement. A reference to “products” in this agreement includes all parts or products fitted as part of the services we provide to you, unless the context requires otherwise.
All our prices and quotes include GST unless stated otherwise. A quote or price is only binding on us once the Service Authorisation has been signed. The scope and pricing of the Service Authorisation may change as a result of updated instructions from you.
- PERFORMANCE & SERVICES
We agree to perform the services as described in the Service Authorisation (or as amended as a result of updated instructions from you).
You agree to pay us in full for all services rendered and products supplied before removing your vehicle and/or the products (as applicable) from our premises, unless otherwise agreed. You further agree that payment of all amounts for work as set out in the Service Authorisation become due upon completion of the relevant work and must be paid by the close of business on the day of completion of the work, unless we have agreed otherwise..
Tip: When a repairer applies a lien the owner can sue them for the return of the vehicle. The repairer can keep the vehicle until the court orders its return to the owner. The police cannot order the vehicle’s release
- AUTRALIAN CONSUMER LAW
Under the Act, all repairs conducted by a repairer or tradesperson must be completed in accordance with the consumer guarantees provided under the Australian Consumer Law. This includes that repairs be done with due care and skill, fit for purpose and be completed within a reasonable timeframe.
Property in, and ownership of, the product (including as part of the services rendered) does not pass from us to you until you have paid for the product or services in full.
You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle and all goods in or attached to your vehicle (“Lien”), to secure payment of any or all amounts outstanding from time to time.
You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain your vehicle and/or any goods in your vehicle and serve notice on you requiring immediate payment of the amounts outstanding by you.
You agree that if any payments remain outstanding and your vehicle and/or goods have not been collected within one calendar month of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may and will dispose of your vehicle and/or all goods in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles without further notice or liability to you.
- NO LIABILITY
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.
We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.
- AUTHORITY IN RESPECT OF THE VEHICLE
You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services set out in the Service Authorisation in respect of your vehicle, including (but not limited to):
- entering the vehicle; and
- test driving your vehicle (including driving your vehicle to another location outside of the premises).
We will comply with all applicable privacy legislation including the Privacy Act 1988 (Cth).
Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:
- reminders that your vehicle may be due for a service or that your registration may be due for renewal;
- advising you of information which may be relevant to you, including store closures or openings.
If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact our workshop by phoning 02 43921327 or by email to firstname.lastname@example.org
The proper law of the agreement between you and us is the law of the State of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of that State.