Terms and Conditions of Work Agreement
1. Definitions
“ACL” means the Australian Consumer Law 2011 as amended from time to time.
“Agreement” means this Repair Agreement.
“Customer” means the person/s or entity named in the Repair Order and includes their personal representatives, successors, administrators and assigns.
“Repairer” means the company named as such in the Repair Order and includes where relevant any contractor engaged by the Repairer to effect any part of the Works.
“Repair Order” means the form overleaf detailing the Works to be effected in respect of the Vehicle.
“Total Price” means the full amount payable by the Customer to the Repairer for effecting the Works calculated as specified in clause 5.
“Vehicle” means the vehicle owned or in the possession of the Customer as detailed in the Repair Order.
“Works” means the labour, parts and material to be supplied by the Repairer to effect the service or repairs to the Vehicle listed in the Repair Order.
2. Customer’s Obligations
2.1. (a) By signing the Repair Order or verbally authorising Auto One Browns Plains to carry out the Works, the Customer warrants that they own the Vehicle or, if the Vehicle is under finance, that they have the sole right to possession and use of the Vehicle.
(b) If clause 2.1(a) does not apply to the Customer, the Customer must provide evidence satisfactory to Auto One Browns Plains that the Customer has the owner’s authority to contract with the Repairer to carry out the Works to the Vehicle.
2.2. The Customer warrants the accuracy of the service and use history of the Vehicle related to Auto One Browns Plains at the time the Order was signed or the Works authorised by the Customer.
2.3. The Customer will be readily available while Auto One Browns Plains is effecting the Works to provide further instructions and authorisation if the Auto One Browns Plains determines that different or additional Works to those listed in the Order will be required.
2.4. The Customer will promptly pay Auto One Browns Plains any amount/s required by way of deposit or payment on account of work-in-progress for the Works.
2.5. The Customer is responsible to make backup copies of all data stored in the Vehicle’s devices including, but not limited to, integrated multi-media devices, satellite navigation systems, trip computers, blue tooth settings, electronic address books, telephone numbers, radio codes and SMS. By signing the Order or authorising the Works, the Customer acknowledges having being given the notice that appears on the Order. To the full extent permitted by law, the Customer releases the Auto One Browns Plains from any loss or damage to stored data.
2.6. If the Customer does not comply with their obligations under this Agreement, Auto One Browns Plains may cancel or suspend the Works and retain possession of the Vehicle until the Customer complies with its obligations. Auto One Browns Plains will not be liable for any loss or damage suffered by the Customer as a result of any such cancellation, suspension or retention.
3. Customer’s Authorisations
3.1. The Customer gives Auto One Browns Plains the following authorisation to effect the Works:
(a) to purchase the parts and materials it requires to effect the Works in accordance with the Order;
(b) to allow the team to operate the Vehicle anywhere and at any time for the purpose of effecting the Works;
(c) to effect the Works in accordance with the Order once the Customer authorises the Order;
(d) to sublet some or all of the Works and to deliver and collect the Vehicle from the premises of any contractor to whom the Works are sublet; and
(e) where the Order was compiled without the opportunity to fully inspect or test the Vehicle, the Customer authorises Auto One Browns Plains to effect such other Works as deemed necessary once full inspection or testing is possible.
3.2. In relation to the authorisations contained in clause 3.1:
(a) As regards clause 3.1(a), if for any reason the Customer cancels the Order, the Customer will be liable to pay for any parts or materials especially ordered to effect the Works which Auto One Browns Plains determines cannot readily be used for other customers’ works.
(b) In relation to clause 3.1(b), the Customer agrees that the Vehicle is operated by Auto One Browns Plains staff as agent for and on behalf of the Customer.
(c) In relation to clause 3.1(c), Auto One Browns Plains will use its reasonable endeavours to complete the Works within the time estimated, however Auto One Browns Plains will not be liable for any loss or damage sustained by the Customer by reason of any delay beyond the reasonable control of Auto One Browns Plains. If different or additional Works become necessary, then those Works will be completed within a reasonable time after the original estimate.
(d) In relation to clause 3.1(d), Auto One Browns Plains will use its reasonable endeavours to contact the Customer to obtain express authority to conduct the different or additional Works however, if contact is not returned by the Customer, the Customer still authorises the Repairer to carry out these Works.
4. Warranties
4.1. Auto One Browns Plains warrants that it will perform the Works as detailed in the Order with due care and skill using good quality materials and parts as provided for in clause 8 of these terms.
4.2. Our goods and services come with guarantees included in Australian Consumer Law and the Australian Competition and Consumer Commision.
5. Total Price
5.1. The Customer acknowledges that the quoted price for the Works stated in the Order is an estimate only and is subject to variation due to an increase in the cost of supplying labour, parts and materials after the quoted price was given.
5.2. The Customer agrees to pay for different or additional Works at the then customary rate charged for labour and for the cost of parts and materials as quoted by Auto One Browns Plains.
5.3. The Total Price will be the amount stated in Auto One Browns Plains service tax invoice being the sum of the labour, parts and materials charges, together with any applicable taxes, levies, interest on late payments and/or storage charges that may have been incurred and credit card surcharge payable under clause 5.4(c).
5.4. (a) The Customer must pay the Total Price in cleared funds, whether by cash, direct deposit or credit card.
(b) If the Customer elects to pay by eftpos or direct deposit to Auto One Browns Plains bank account, who is then is entitled to sight satisfactory evidence of the deposit of cleared funds to its bank account before releasing the Vehicle to the Customer.
5.5. The Total Price payable will include any GST payable on any taxable supplies detailed in the tax invoice.
6. Repairer’s Rights
6.1. If the Customer fails to pay some or all of the Total Price in accordance with clause 5, the Customer will pay the Repairer the following additional amounts:
(a) interest on the unpaid amount charged at the rate of 8% per annum from the date the service tax invoice is issued until the date of actual payment; and
(b) a charge to store the Vehicle at Auto One Browns Plains premises at the rate of $25.00 per day from the date Auto One Browns Plains notified the Customer that the Vehicle was ready for collection to the date of actual payment.
6.2. (a) The Customer agrees to the creation of a Repairer’s lien over the Vehicle.
(b) Auto One Browns Plains has the right to retain possession of the Vehicle until all amounts owing to Auto One Browns Plains by the Customer have been paid.
(c) The Customer has no claim against Auto One Browns Plains for any loss or damage arising from the exercise of the lien over the Vehicle by Auto One Browns Plains.
(d) If the Vehicle is in the possession of another contractor to whom work was sublet, then the Customer agrees that the Repairer’s lien may be effected upon the Vehicle by Auto One Browns Plains contractor as if Auto One Browns Plains was exercising its rights of lien direct against the Customer.
6.3. Auto One Browns Plains rights in clauses 6 and 7 are in addition to and do not limit the rights given to Auto One Browns Plains under the Disposal of Uncollected Goods Act 1967 (Qld).
7. Security Interest
7.1. The Customer grants Auto One Browns Plains a security interest in the Vehicle to secure payment of all amounts owing by the Customer to Auto One Browns Plains in respect of the Works effected, including the Total Price stated in the tax invoice, interest, storage charges and all costs incurred by Auto One Browns Plains for the recovery of any such moneys unpaid.
7.2. The Customer agrees that the security interest over the Vehicle gives Auto One Browns Plains the right to retain and/or seize and dispose of the Vehicle if the Customer fails to pay any such amount stated in clause 5 sent to the Customer at the address (including any email address) shown in the Order.
7.3. The Customer as the grantor of the security created in this clause 7 waives the requirement for notices under the Personal Property Securities Act 2009 (Cth). The Customer will provide Auto One Browns Plains with the names and addresses of any grantor of any existing security interest over the Vehicle.
7.4. The creation of the security interest over the Vehicle under this clause 7 is additional to and does not derogate from Auto One Browns Plains other rights under this Agreement, including the Repairer’s lien.
7.5. Upon disposal of the Vehicle Auto One Browns Plains as the right to apply the net sale proceeds in full or partial discharge of all amounts then owing to Auto One Browns Plains and will account to and pay the Customer the balance of the sale proceeds (if any) within a reasonable time of disposal of the Vehicle.
7.6. The Customer, either as the owner of the Vehicle or as the agent of the owner of the Vehicle, consents to the registration of the security interest created in this clause 7 on the Personal Property Securities Register.
8. Risk
8.1. Auto One Browns Plains will effect the Works taking all necessary steps to avoid loss or damage to the Vehicle.
8.2. If despite taking such steps, the Vehicle is lost or damaged while in the possession of Auto One Browns Plains due to existing partially damaged, brittle or softened parts, the Customer releases Auto One Browns Plains from all liability for such loss or damage to the Vehicle.
8.3. Auto One Browns Plains will not necessarily effect insurance over the Customer’s Vehicle while it is in Auto One Browns Plains possession. Insuring the Vehicle for loss or damage while in the possession of Auto One Browns Plains will be the sole responsibility of the Customer.
9. Personal Information
9.1. The personal information provided by or for the Customer in this Order (“Information”) is collected by Auto One Browns Plains to provide the Customer with products and services. The Information may be disclosed to the Vehicle’s manufacturer, other members of Auto One and Cali Automotive and third party service providers acting on behalf of Auto One Browns Plains under conditions of confidentiality specifically in relation to the provision of products and services to the Customer.
9.2. The Customer agrees that Auto One Browns Plains may also use the Information to send the Customer material or contact the Customer about products or services.
9.3. Auto One Browns Plains will take all reasonable steps to ensure that the Information is kept safe from misuse, loss, unauthorised access, modification and/or disclosure. A full copy of the Auto One privacy statement can be viewed at www.autoone.com.au
9.4. If the Customer no longer wishes Auto One Browns Plains and the other parties mentioned to have access to the private information then the Customer must notify Auto One Browns Plains of this requirement in writing. Auto One Browns Plains will within a reasonable time of notification cease all access to the information.