SERVICE AND REPAIR TERMS AND CONDITIONS
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.
Services
By signing this agreement, you authorise Garage 22 to provide the Services and any additional services (Additional Services) in accordance with
the terms of this agreement and you agree to pay Garage 22 ’s 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.
Garage 22 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 Garage 22 ’s 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 Garage 22 .
Price and payment
Garage 22 will provide an estimate of the cost of the Services to be provided before any of the Services are provided. The estimate will be
discussed with you before work is commenced on your vehicle or vehicle component.
Estimates remain valid for 7 days after the date Garage 22 gives them to you.
If providing any Additional Services will mean the estimate is exceeded, Garage 22 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, Garage 22 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 Garage 22 , then you have 14 days from the date of the tax invoice by
which time you must pay for the Services.
You can pay by credit card or EFTPOS. 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.
No Show Policy and Booking Agreement
No Show Policy
If you fail to show up for a scheduled appointment without providing at least 24 hours' notice, a no-show fee may be charged.
The no-show fee will be equal to 50% of the scheduled service cost or a minimum of $50, whichever is greater.
Repeated no-shows may result in the requirement of a deposit for future bookings or the refusal of service.
Booking Agreement
By scheduling an appointment with Garage 22, you agree to arrive at the designated time or provide at least 24 hours' notice for cancellations
or rescheduling.Garage 22 reserves the right to adjust appointment times and will make every effort to notify you of any changes as soon as possible.
In case of emergencies or unforeseen circumstances preventing you from keeping your appointment, please contact us as soon as possible.
Garage 22 may require a deposit or credit card information to secure bookings for certain services or during peak periods.
By making a booking, you acknowledge that you have read, understood, and agreed to these terms and conditions, including the no-show
policy.In cases where parts have been specifically ordered for a job that extends beyond a regular service, and the client fails to show up for their
appointment, a 20% restocking fee will be applied.This restocking fee will be charged regardless of whether the client chooses to reschedule or cancel the work.
An invoice for the restocking fee will be issued separately from any other invoices related to the service.
The client must pay the restocking fee, along with any other outstanding invoices, before any further work will be commenced on their
vehicle.By agreeing to these terms, the client acknowledges their responsibility for the costs incurred by Garage 22 for specially ordered parts in the
event of a no-show.
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 Garage 22 , 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 Garage 22 , where practicable store the goods in a manner
which makes them identifiable as the property of Garage 22 and keep the goods insured against theft, damage and destruction.
Garage 22 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 Garage 22 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; orany 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 Garage
22 . You waive your right to be provided with verification statements under section 157 of the PPSA. You and Garage 22 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.
Lien and uncollected vehicles
As long as you owe Garage 22 money, under this or any other agreement, Garage 22 has a lien over your vehicle, its accessories and contents, or
your vehicle component, which are in the possession of Garage 22 .
If Garage 22 exercises a lien over your vehicle or if you do not collect the vehicle within 2 days from the time it is ready for collection, Garage 22
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 Garage 22 sending you notification that your
vehicle is ready for collection, and Garage 22 has not been able to contact you despite using reasonable efforts, Garage 22 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 Garage 22 to the payment of any
money that you owe to Garage 22 . If the proceeds of the sale or disposal of your vehicle or vehicle component are:
not greater than the amount you owe to Garage 22 , the deficit will still be a debt owed by you to Garage 22 ; or
greater than the amount you owe to Garage 22 , the excess (less any costs incurred by Garage 22 relating to the sale or disposal) will be remitted
to you or if Garage 22 is unable to remit the excess to you, the excess will be held by Garage 22 for 6 months from the date of sale or disposal
after which the excess will be forfeited to Garage 22 .
Garage 22 will not be liable for any loss or damage you suffer as a result of Garage 22 selling or otherwise disposing of your vehicle or vehicle
component under this clause, including any loss of any accessories or contents of the vehicle.
Parts and lubricants
Garage 22 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 Garage 22 to use an alternate brand or product, Garage 22 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. Garage 22 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.
No Labor-Only Jobs
Garage 22 strictly does not offer labor-only jobs where the client supplies the parts. This policy is non-negotiable and applies to all services. Our
reasons for this policy include:
Insurance requirements: Our insurance coverage may not extend to parts supplied by clients.
Warranty concerns: We cannot guarantee the quality or compatibility of client-supplied parts.
Quality assurance: To maintain our high standards, we only use parts that we have sourced and vetted.
Worker safety: Using unfamiliar parts could potentially put our technicians at risk.
Liability issues: We cannot accept responsibility for any failures or damages caused by client-supplied parts.
This policy ensures that we can maintain the highest standards of service, safety, and quality for all our customers. We appreciate your
understanding and cooperation in this matter.
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 Garage 22 if your vehicle is not registered. If this is the case, Garage 22 will not take your vehicle for a test drive on public roads
and may not be able to assess whether the Services have been effectively provided.
If you have not notified Garage 22 that your vehicle is not registered, you agree to indemnify Garage 22 , 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 Garage 22 ’s
provision of the Services, including driving or otherwise operating your vehicle.
Matters beyond Garage 22 ’s control
Garage 22 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 Garage 22 ’s 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. Garage 22 will take reasonable steps to prevent this from happening however it is usually outside
Garage 22 ’s 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 Garage 22 in unlocking your audio system.
Manufacturer’s extended warranty
Some vehicle manufacturers provide extended warranties that may be negatively impacted or made void if Garage 22 provides 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.
Privacy
Garage 22 collects and deals with all of your personal information in accordance with Garage 22 ’s Privacy Policy.
Liability
To the maximum extent permitted by law, Garage 22 ’s liability for breach of any implied or imposed guarantee, warranty or condition which
cannot be excluded is restricted, at Garage 22 ’s option, to:
In the case of the Services supplied or offered by Garage 22 , 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 Garage 22 , 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, Garage 22 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); ordamage, 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.
Notices
A notice, approval, consent or other communication in connection with this agreement must be in writing sent to the address of the receiving
party appearing in this agreement or such other address as may be communicated by the receiving party, marked for the attention of any person
nominated for that purpose by the receiving party (and who in the absence of any such nomination is the signatory to this agreement on behalf
of the party), and may be sent by prepaid post (air mail if international), courier, facsimile transmission or electronic mail.
A notice, approval, consent or other communication is taken to have been received:
two Business Days after sending if sent by post;if sent by courier, at the time indicated by the records of the courier; andif sent by electronic
mail, on receipt by the sender of an acknowledgment indicating that the mail item was read by the recipient.
General
This agreement is governed by the laws of South Australia and the parties irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of South 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.
Returns & Refunds
Goods returned in original packaging 20% stocking fee 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 andHave 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 – 20%, 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