Terms and Conditions
Terms and Conditions – Adrenaline Industries Pty Ltd
TERMS AND CONDITIONS OF BUSINESS
1.1 “The Company” refers to Adrenaline Industries Pty Ltd.
1.2 “The Customer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by
Adrenaline Industries Pty Ltd.
1.3 “The Conditions” refers to the terms and conditions of Adrenaline Industries Pty Ltd’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of Adrenaline Industries Pty Ltd.
1.4 “Works” means all Works provided by the Company to the Customer at the Customer’s request from time to time (and where the context so permits shall include any supply of Parts as hereinafter defined).
1.5 “Parts” shall mean Parts supplied by the Company to the Customer either separately, or as part of the Works (and where the context so permits shall include the provision of Works as defined above).
1.6 “Price” means the Price payable for the Works as agreed between the Company and the Customer in accordance with clause 3
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Customer, to the exclusion of all other terms and conditions, including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by Adrenaline Industries Pty Ltd shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
3.Price and Payment 3.1 At the Company’s sole discretion the Price shall be either: 3.1.1 as indicated on any invoice provided by the Company to the Customer; or 3.1.2 the Company’s estimated Price (subject to clause 4) which shall not be deemed binding upon the Company as the actual Price can only be determined upon completion of the Works. The Company undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate; or 3.1.3 the Company’s quoted Price (subject to clause 4) which shall be binding upon the Company provided that the Customer shall accept the Company’s quotation in writing within thirty (30) days of issue.
3.2 Unless specifically stated otherwise in writing by the Company, any freight charges or other costs from suppliers for Parts shall not be included in the Price.
3.3 Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Company, which may be:
3.3.1 on collection of the Parts or vehicle; or
3.3.2 for approved Customer’s, due thirty (30) days following the date of any invoice given to the Customer by the Company;
3.3.3 the date specified on any invoice or other form as being the date for payment; or
3.3.4 failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Company.
3.4 Payment may be made by cash, bank cheque, electronic/on-line banking, credit and debit card (plus a surcharge of up to three percent (3%) of the Price for any PayPal transaction), or by any other method as agreed to between the Customer and the Company.
3.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Company an amount equal to any GST the Company must pay for any provision of Works by the Company under this or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
4. Additional Charges 4.1 The Company reserves the right to change the Price: 4.1.1 if a variation to the Works which are to be provided is requested; or 4.1.2 where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Works; or 4.1.3 in the event of increases to the Company in the cost of labour or Parts which are beyond the Company’s control.
4.2 Where the Company is requested to store the Customer’s Parts or vehicle, or where Parts or vehicles are not collected within twenty-four (24) hours of advice to the Customer that they are ready for collection, then the Company (at its sole discretion) may charge the Customer a reasonable fee for storage.
4.3 For mobile Works, a minimum call-out fee (equal to one (1) hour labour, plus travel costs) shall be applicable, which shall be increased (to two (2) hours labour, plus travel costs) for any after-hours call-outs.
4.4 All tow and/or salvage fees will be charged to the Customer, and will be added to the Price.
4.5 If the Company has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
4.6 The Customer acknowledges and agrees that the Company shall be entitled to:
4.6.1 retain any components replaced during the provision of the Works; and
4.6.2 the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.
4.7 Where it has been agreed to between the parties that the Customer will pay the Price by instalments, the Customer acknowledges and agrees that a handling fee and reasonable interest charges shall be applicable.
5. Credit Terms
5.1 Where Credit Terms have been extended to the Customer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Customer, where to do so would mean the Customer exceeding the Credit Limit extended to the Customer.
6. Remedies for late Payment
6.1 Interest on debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Customer giving an agreed payment period of 30 days. Interest will accrue from day to day, until the date of payment, at the rate of 5% per day. Interest will accrue until settlement is reached or until any Court Judgement is made.
6.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Customer shall become immediately payable and subject to clause 6.1 above.
6.3 The Company shall be entitled to recover from the Customer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 6.2 above.
6.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Customer. Any parts, or equipment, provided to the Customer by the Company remain the property of Adrenaline Industries until all amounts owed are paid.
6.5 In the event that a vehicle or Parts are abandoned by the Customer, the Company will follow the Uncollected Goods Act to recover all sums outstanding including cost of sale, debt collection and storage fees.
7 Risk 7.1 The Customer acknowledges that the Company is only responsible for Parts that are replaced by the Company and that in the event that other components subsequently fail, the Customer agrees to indemnify the Company against any loss or damage to the vehicle, Parts, or caused by the components, or any part thereof howsoever arising.
7.2 The Company shall not be liable for the loss of or damage to the vehicle, its accessories or contents while being serviced or being driven in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of the Company or the Company’s employees.
7.3 It is the Customer’s responsibility to ensure that the vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at the Company’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
8.1 the Customer acknowledges and agrees that the Customer’s obligations to the Company for the provision of Works shall not cease, and subsequent ownership of the Parts shall not pass, until:
8.1.2 the Customer has paid the Company all amounts owing for the Works; and
8.1.3 the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer.
8.2 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Company’s ownership or rights in respect of this agreement (and the Works) shall continue.
8.3 It is further agreed that until ownership of the Works passes to the Customer in accordance with clause 8.1;
8.3.1 the Customer is only a bailee of the Parts and must return the Parts to the Company on request.
8.3.2 the Customer holds the benefit of the Customer’s insurance of the Parts on trust for the Company and must pay to the Company the proceeds of any insurance in the event of the Parts being lost, damaged or destroyed.
8.3.3 the Customer must not sell, dispose, or otherwise part with possession of the Parts other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Parts then the Customer must hold the proceeds of any such act on trust for the Company and must pay or deliver the proceeds to the Company on demand.
8.3.4 the Customer should not convert or process the Parts or intermix them with other Parts but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Company and must sell, dispose of or return the resulting product to the Company as it so directs.
8.3.5 the Customer irrevocably authorises the Company to enter any premises where the Company believes the Parts are kept and recover possession thereof.
8.3.6 the Customer shall not charge or grant an encumbrance over the Parts nor grant nor otherwise give away any interest in the Parts while they remain the property of the Company.
8.3.7 the Company may commence proceedings to recover the Price of the Works notwithstanding that ownership of the Parts has not passed to the Customer.
9. Disputes procedure and Jurisdiction
9.1. Any and all contracts entered into between the Company and the Customer shall be governed by the Australian Consumer Law and all disputes arising out of any contract between the Company and the Customer shall be subject to the exclusive jurisdiction of the courts of Australia. In the event that the Customer is dissatisfied with any repair or service carried out by the Company, the Customer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place.
10.1. The Works itemised on the invoice, are guaranteed free from defect for 12 months or 10000 klms (which ever comes first) from the date of invoice, unless detailed otherwise, with the exclusion of damage arising from Customer/third party interference, routine wear and tear, negligence, abuse and accidental damage. This applies to Works provided by the Company only and does not cover any subsequent damage (exceptions apply).
10.2. The Company shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: 10.2.1. the Customer failing to properly maintain or store the vehicle; 10.2.2. the Customer using the vehicle for any purpose other than that for which they were designed;
10.2.3 evidence of abuse; 10.2.4. the Customer continuing the use of the vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user; 10.2.5. the Customer failing to follow any instructions or guidelines provided by the Company; 10.2.6. fair wear and tear, any accident, or act of God.
10.3. The Customer acknowledges and agrees that: 10.3.1. warranty repairs exclude fluids, belts, gaskets, or other consumables unless expressly covered by warranty. 10.3.2. if a vehicle or component is submitted for repair under a warranty or insurance claim, and the claim is declined or payment delayed, the Customer is liable for payment and agrees to pay for any such repair.
10.4. In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge in association with clause 10.3.1, by the Company providing the exclusions do not apply. Any repairs by an alternative organisation without prior express authorisation by the Company will void any and all warranties extended by the Company.
11. Vehicle Storage
The Company will invoice $25.00 + GST per day for the storage of any vehicle not collected within 24 hours of being advised of completion of work unless a prior arrangement has been made between the Company and the Customer.
12. Pre-payment for Special Order Parts
A deposit of 20% is payable to Adrenaline Industries Pty Ltd for parts which are a special order for the Customer. If the Customer does not go ahead with the Works this deposit will be forfeited.
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