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Terms & Conditions

1. General

These terms and conditions form part of the contract (“agreement”) between Newport Mobile Mechanic Pty Ltd (ABN 44 662 410 620) (in this agreement, “we” or “us”) and the customer (in this agreement, “you”) that is formed when you agree to proceed with the service or product quoted to you.

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You acknowledge that these terms and conditions embody the whole agreement between you and us. You agree that the scope and terms of the quote (including prices) may change as a result of updated instructions from you. By offering to buy products and/or services from us, you agree to be bound by this agreement.

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A reference to “products” in this agreement includes all parts or products fitted as part of services we provide to you or are sold to you, unless the context requires otherwise.

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2. Pricing

All our prices and quotes include GST unless stated otherwise. A quote or price is only binding on us once you provide authority to proceed with the service. The scope and pricing of the quote may change as a result of updated instructions from you.

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3. Performance and Services

We agree to perform the services as described in the quote (or as amended as a result of updated instructions from you).

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4. Payment

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 care, possession, control or premises, unless otherwise agreed. You further agree that payment of all amounts for work as set out in the quote or final invoice become due upon completion of the relevant work and must be paid on or before completion of the work, unless we have agreed otherwise. In the event that there is an outstanding amount owed by you to us costs including but not limited to interest and administration fees may be incurred.

To the extent allowed by law, in the event that you:

  1. become bankrupt;

  2. have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”); or

  3. any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed,

this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.

 

5. Returns Policy (of product purchase only without service)

Our returns policy does not affect your rights under the Australian Consumer Law. This policy is provided in addition to your rights under the Australian Consumer Law.

You may return a product for a refund or exchange within 7 days with proof of purchase, unless that product is:

  • a special or specific order part;

  • a discontinued part;

  • not in resalable condition;

  • a tyre or other product that has been fitted to a vehicle; or

  • not in its original packaging (with manuals and documentation).

We will not be liable for your freight or other costs in returning products unless otherwise agreed, or where you are entitled to such costs under the Australian Consumer Law.

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6. Title

Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full.

Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared.

Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).

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7. Lien

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.

 

8. Abandonment

If any amounts outstanding have not been paid within three calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell 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.

In the event that we sell your vehicle and/or goods, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and costs including but not limited to the costs of arranging and exercising the right of sale.

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9. 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.

In the event that your vehicle is not registered, you agree to inform us that your vehicle is not registered and should not be test driven by us. We will not be liable to you or any third party in respect of any claim for breaches of the relevant road traffic or other authority.

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10. 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 quoted in respect of your vehicle, including (but not limited to):

  • access to and entering the vehicle;

  • working on your vehicle;

  • creating a suitable work space or environment to work on your vehicle; and

  • test driving your vehicle.

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11. Privacy

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:

  • our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;

  • customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;

  • 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; and

  • advising you of offers that we feel may be of interest to you.

If, at any time, you wish to withdraw your consent to any one or more of the above purposes, or have any other privacy concerns, please contact us on 0455 212 650 or hello@newportmobilemechanic.com

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12. Jurisdiction

The proper law of the agreement between you and us is the law of the State of Queensland and the parties agree to submit to the exclusive jurisdiction of the courts of that State.

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13. Vouchers
Any promotional vouchers presented are valid for 1 per person and can be used only once by that person. Multiple vouchers cannot be used per service. Once the voucher date has surpassed, the voucher is no longer valid & no discount shall apply.

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