1. Definitions

1.1 Words used in this document indicate the following meanings:

Agreement means the Servicing agreement including the schedule, these terms and conditions and any annexures.

Client means the Client, consumer, customer, or owner identified in the schedule.

Fees means the cost associated with the Servicer carrying out the Servicing and charged at the hourly rate.

GST means goods and services tax.

Hourly Rate means the hourly rate or hourly rates shown in the schedule or as updated by the Servicer in writing from time to time.

Parts means any goods required to complete the relevant jobs such as lubricants, spare parts etc.

Payments Terms means the time frame in which payment is due to the Servicer by the Client upon completion of the job.

Servicer means the Servicer identified in the schedule as Beenleigh Truck Parts Pty Ltd or otherwise named third parties.

Servicing means the servicing, repair, upgrades and/or maintenance of vehicle/s by the Servicer carried out for the Client.

Site means the Servicers elected depot at 59 Quarry Rd Stapylton Qld 4207.

1.2 Expressions used in the schedule bear acorresponding meaning in these terms and conditions unless the context requires otherwise.

2. Agreement for Servicing

2.1 The client appoints the Servicer to provide the Servicing and in consideration will pay the Proforma Invoice/Tax invoice in accordance with the payment terms.

3. Fees & Costs

3.1 Where possible, the Servicer may provide a written or verbal estimate/quotation of the fees and outlays associated with the Servicing. Where requested, the estimate/quotation will be discussed with the Client prior to work being commenced on the Clients vehicle.

3.2 A Consumables Levy of $30.00 is applicable to all workshop Servicing.

3.3 An Environmental Levy of $30.00 is applicable to all workshop Servicing where unstable chemical or hazardous components such as, but not limited to oil, coolant and fuel need to be disposed of.

3.4 A Diagnostic Scan Levy of $75.00 is applicable should the Clients vehicle require fault code identification, clearing and/or diagnosis.

3.5 The Proforma/ Tax Invoice outlining the servicing associated fees and outlays will be provided to the client once the Servicing is completed.

3.6 All consumable outlays including, but not limited to, oil, coolant, fluids etc will be billed to the Client by the Servicer.

4. Client Acknowledgements

The client acknowledges that:

4.1 The Servicer charges for the Servicing based on the billable hours spent performing the Servicing based on the hourly rate.

4.2 Charging of the billable hours may exceed the initial estimate/quotation provided by the Servicer to the Client due to Servicing related circumstances (i.e., seized, damaged components)

4.3 The Servicer reserves the right to charge a levy/premium should the Servicing require urgency, be carried out off-site or be performed outside of the Servicers usual business hours.

4.4 All costs/fees associated with towing, transport freight, courier etc in respect to goods, parts, and vehicles, both incoming and outgoing is to be paid by the Client.

5. Payment Terms

5.1 The Client acknowledges that:

5.1.1 For approved account Clients, settlement of the Tax Invoice is to be fulfilled within 30 days of end of month.

5.1.2 Account customers with an outstanding account balance past 30+ days will incur a $25.00 monthly administration fee.

5.1.3 Account Clients with an outstanding balance past 60+ days will occur a $25.00 monthly administration fee and will placed on a ‘stop credit’ pending account settlement.

5.1.4 Account Clients with an outstanding balance past 90+ days will incur a $25.00 monthly administration fee, be placed on a ‘stop credit’ with the account being forwarded to a debt collection agency with all associated costs to be met by the Client.

5.2 The client acknowledges that:

5.2.1 For non-account Clients, Proforma Invoices for goods and/or services supplied by the Servicer must be paid in full prior to goods and/or services being collected and/or released to the Client.

5.3 The Client acknowledges that all goods and/or services provided and/or performed by the Servicer remain the property of the Servicer until the full balance of the Proforma/Tax Invoice has been compensated by the Client.

6. Limitation of Liability

6.1 The client agrees that the Servicer has no liability and is not bound to replace or repair any faulty, defective, or otherwise unfit Parts unless they become faulty, defective, or unfit for purpose as a direct result of the Servicers negligence.

The servicer is not responsible for loss and/or damage to vehicles or other property or persons whatsoever or however occasioned except when such loss is caused by the sole negligence or deliberate act of the Servicer or its servants.

6.2 In no circumstance will the Servicer be liable for any indirect or consequential loss of profit and/or business opportunities.

7. Risk

7.1 The Client assumes the risk in the vehicle at all times and therefore omits the Servicer of liability.

8. General Warranties

8.1 The Servicer provides a 6-month warranty on the Servicing from the date of completion of the Proforma Invoice/Tax Invoice of which the work originated on. The warranty will only apply to Servicing directly relating to the Services listed on the Proforma/Tax Invoice.

8.2 The Client acknowledges should the Service include the removal of 1 or more wheels, the Client is responsible to have the wheel nuts retentioned once the Vehicle has travelled 50km (maximum) in distance.

8.3 The Servicer does not accept any liability or responsibility for testing failure (i.e., crack testing) or damage sustained from the procedure carried out by a third party.

8.4 All returns for credit must be made within 14 days of Tax Invoice date.

8.5 Goods/Parts returned after more than 14 days but not more than 28 days will incur a 10% restocking fee.

8.6 The Servicer will not accept any Good/Parts for return or credit after 28 days.

8.7 The Servicer reserves the right to refuse a credit/refund due to damaged, opened, unclean or used Goods and/or packaging.

8.8 The Servicer may make recommendations to the Client in regard to repairs/rectification of vehicle issues that may deem the vehicle unsafe/unroadworthy. Should the Client choose to disregard the repair recommendation, the Servicer retains the right to void any warranty that may have otherwise been offered on the Servicing.

9. Location of Servicing

9.1 The Servicing is to be provided by the Servicer at the Site.

9.2 The Client may request that the vehicle undergo Servicing at a location other than the Site however this is at the Servicers discretion.

9.3 If the Servicer agrees to provide Servicing at a different location other than the Site, the Client acknowledges liability in regard to, and provision of the following:

- 9.3.1 a safe site environment free from risks to health and safety

- 9.3.2 information reasonably required without limitation, of any occupational health and safety matters in order for the Servicer to deliver the Servicing in a safe and effective manner.

- 9.3.3 readily available amenities such as but not limited to water, electricity etc conducive to an effective Servicing protocol.

10. Privacy Disclosure Statement

10.1 The Servicer shall not disclose nor release personal and/or professional details/information of the Client to any third party with the exception of:

- 10.1.1 Where the Client provides written authority for the Servicer to do so.

- 10.1.2 Where the Servicer is subpoenaed by a recognised Australian agency.

- 10.1.3 In pursuit of debt collection/legal action in recovering Client debt owed to the Servicer.

10.2 In circumstances where Proforma/Tax Invoices are paid manually by EFTPOS via phone, the Servicer acknowledges payment details of the Client will not be retained.