AUTOINSTALLATION.COM.AU
TERMS OF SUPPLY
These are the Terms and Conditions of Quotation and Sale of all products and services supplied by AutoInstallation , except as otherwise expressly agreed upon in writing between a duly authorised officer of AutoInstallation and the customer.
1. Definitions “Customer” means the person/s placing the order for products and/or services supplied by AutoInstallation to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.
“AutoInstallation ” means the provider that the Customer is contracting with whose business name and ABN appears on the quotation, invoice or receipt provided to the Customer.
“Quote” means any document containing a price for Works, products and services, including but not limited to Tax Invoices and quotations, however created.
“Works” means any services rendered, products delivered or any future or completed work done by AutoInstallation .
2. Binding Nature
(A) All orders placed with AutoInstallation shall only be accepted subject to these Terms and Conditions. The Customer is immediately bound by these Terms and Conditions if they place an order for Works, signs any Quote, pays a deposit, continues to provide instructions and/or accepts the Works.
(B) AutoInstallation may, at any time, alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by AutoInstallation to the Customer. Should the Customer not agree to an alteration, they have the right to withdraw from the contract with Autoinstallation although any costs and parts incurred by Autoinstallation up to that date will be charged to the Customer.
3. Pricing
(A) If there is any error or omission or an unavoidable change in circumstance in the Quote, AutoInstallation reserves the right to review and possibly amend the contract sum in the Quote, even if the Quote has been accepted by the Customer. Prices quoted are subject to final costing assessment by AutoInstallation. .
(B) Upon acceptance of the Quote by the Customer, AutoInstallation may require a deposit to be paid prior to any Works being commenced by AutoInstallation. This deposit is at the sole discretion of AutoInstallation .
(C) Notwithstanding any other clause, the contract sum on the Quote will only be valid for 30 days from the date of the quotation. AutoInstallation reserves the right to make any changes to the Quote after 30 days has elapsed.
(D) At AutoInstallation’s sole discretion, a portion of or the full amount of the deposit may be non-refundable. The amount that is non-refundable is a true estimate of costs and expenses spent by Autoinstallation to date.
(E) AutoInstallation reserves the right to make any changes to the quotation including but not limited to the contract sum if either: (i) a variation is requested by the Customer, or (ii) a Quote has not been fulfilled within 30 days of the date the Quote was produced. Any variation from the quotation, schedule works or specifications will allow AutoInstallation the right to stop the progress of any works until AutoInstallation and the Customer agree to changes. Payment for all variations must be made in full at the time which they are raised.
(F) After AutoInstallation accept a Customer’s order it may only be cancelled with the agreement in writing of AutoInstallation.
(G) AutoInstallation accepts payment via Electronic Funds Transfer, Cash, Bank Cheque or Mastercard/VISA Credit Card (where a surcharge of 2% will apply). The Client irrevocably and unconditionally authorises AutoInstallation to charge its credit card or debit card for the invoiced Price under this agreement.
(H) In the event that the Client fails to pay the balance of a tax invoice on or before the due date specified, the Client agrees that the Client will subsequently incur interest in addition to the total outstanding amount at a rate of 3% compounded per month and that the Client will be liable to pay the accrued interest additional to the outstanding amount and the AutoInstallation’s debt recovery and legal costs.
(I) In the event the Client defaults in payment of an invoice, the Client shall indemnify AutoInstallation from any costs incurred by the Contractor in recovering the outstanding amount, such as through a debt recovery institution or through solicitors’ fees.
(J) During the works any alterations or additional work carried out will be at an extra cost as agreed upon between AutoInstallation and Client and will be reflected in the Price on the invoice which relates to those works. This will include where it becomes apparent that the supply of a Good or Service is contingent upon other Goods and/or Services being delivered or supplied.
(K) If the Client requires a variation in Service, AutoInstallation will provide a quotation to account for the variation which may affect the Price of the initial quotation. If the Client does not accept the change in Price, AutoInstallation is not obligated to carry out the variation in work unless the work is required in the case of an emergency.
(L) AutoInstallation may increase its Price in its absolute and reasonable discretion (for such reasons including, but not limited to, increased operation costs, increasing cost of Goods faced by the Contractor and travel costs), by providing the Client with written notice of such increase to its Price.
4. Terms of Payment
(A) The Customer shall make payment according to the Quote or unless the Customer has been granted a credit account by Autoinstallation. Granting of a credit account shall be at the absolute discretion of AutoInstallation. A Customer granted credit account shall make payment within the terms approved in the credit account.
(B) If the customer fails to make payment in accordance with clause 4(A), AutoInstallation shall be entitled to:
(i) Require the payment of cash upon delivery and commencement of any further Works;
(ii) Charge default interest at the rate of 9% per annum on all overdue amounts (including late payment charges and amounts other than the contract sum) calculated on a day to day basis on any monies due but unpaid. Such interest is to be computed from the due date for payment AND the parties agree that such default is not a penalty but is a true measure of damages incurred by AutoInstallation. Payments received from the Customer will be credited first against any default interest and all such charges shall be payable upon demand;
(iii) Claim from the Customer all costs relating to any action taken by AutoInstallation to recover monies or goods due from the Customer including, but not limited to, any legal costs and disbursements on a solicitor-client basis;
(iv) Cease any further Works for the Customer and terminate any agreement in relation to services and/or products that have not been provided or delivered; and
(C) The Customer shall not be entitled to set off against, or deduct from the contract sum, any sums owed or claimed to be owed to the Customer by AutoInstallation nor to withhold payment of any invoice because part of that invoice is in dispute.
5. Completion Time
(A) Any date or time quoted for delivery and completion of the Works is an estimate only. AutoInstallation shall endeavour to complete the Works at a time or times required by the Customer, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render AutoInstallation liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
(B) The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or agencies thereof and any other cause beyond the control of AutoInstallation or any other cause whatsoever.
6. Inspection
(A) The customer shall examine the products immediately after delivery. AutoInstallation shall not be liable for any mis-delivery, shortage, defect or damage unless AutoInstallation receives details in writing within 14 days of the date of delivery of the product(s) or services provided.
(B) If AutoInstallation are employed to install said product/s the Customer shall not open, dismantle or otherwise handle the product(s).
7. Property and Risk
(A) Notwithstanding delivery of the product(s) or their installation, property in any given products shall remain with AutoInstallation until the Customer has paid and discharged any and all other indebtedness, including any applicable taxes levies and duties to AutoInstallation. Any payment made by or on behalf of a Customer which is later voided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
(B) The Customer acknowledges that they are in possession of the products solely as a bailee for AutoInstallation until payment as defined in clause 4(A) has been made in full to AutoInstallation and until such payment, the Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery.
(C) Autointallation is not responsible for any manufacturing fault associated with the part installed.
(D) The Customer will cover for the loss and damages caused to Autoinstallation tools, equipment & people that might suffer as means of being on the Customer’s property.
8. Force Majeure
AutoInstallation shall not be liable for any failure or delay in supply or delivery of the products or Works where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of AutoInstallation including, but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
9. Products and Works
If any products and Works specified within this quotation are unavailable at the time of the works being carried out, AutoInstallation in its absolute discretion may substitute a reasonable alternative.
10. Warranties
(A) To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) AutoInstallation warrants that if a defect in any of the Works carried out by AutoInstallation is reported to AutoInstallation within 12 months of the date of completion, then AutoInstallation will either replace or remedy the Works subject to these Terms and Conditions.
(B) This warranty will not be applicable in any of the following:
(i) Defect or damage caused or arising through the failure of the Customer to properly maintain any Works, follow any instructions or guidelines provided by AutoInstallation use of any Works in any other way than is outlined in the quotation or by the Customer’s negligence.
(ii) The Customer continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably sensible operator or user.
(iii) The Customer allows someone other than a licensed professional to deal with the products.
(iv) If the works fail due to fair wear and tear, any accident or act of God.
(C) The warranty shall cease and AutoInstallation shall thereafter in no circumstances be liable under the terms of the warranty if the works are repaired, altered or overhauled without AutoInstallation ’s express written consent.
(D) In respect of all claims, AutoInstallation shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
(E) If AutoInstallation must make an inspection outside of our premises, AutoInstallation may charge the Customer for all reasonable costs incurred including labour, travelling and other out-of-pocket expenses incurred if the fault or defect is deemed to be outside this warranty.
(F) Where the Customer seeks to have defective goods replaced, AutoInstallation must have received notice within 6 months of the Customer receiving them and the goods must be returned to AutoInstallation within 12 month of the Customer receiving them.
(G) Components and parts from third party suppliers are subject to the same warranty (if any) as is extended to AutoInstallation by the supplier.
(H) If AutoInstallation replace defective goods, ownership in those defective goods transfers wholly and unconditionally to AutoInstallation .
(I) If a claim is made by a Customer and AutoInstallation , after assessing the item, deem this to be out of warranty, AutoInstallation will make reasonable attempts to contact the Customer to arrange for the items to be returned. If, after 30 days, the Customer has not made arrangements to have the goods returned, AutoInstallation may dispose of the goods at the Customer’s expense.
(J) Time is of the essence in relation to all stipulated time requirements in this clause.
11. Customers Acknowledgements
(A) It is the sole responsibility of the Customer to check and confirm the order with AutoInstallation prior to signing the Quote. AutoInstallation will not be held liable for incorrect orders.
(B) It is the responsibility of the Customer to ensure that the Works can be completed without interruption, in a continuous work flow and on the mutually agreed date. AutoInstallation reserves the right to charge the Customer any extra costs incurred by AutoInstallation by virtue of interruption including but not limited to additional return to site charges and travel costs.
(C) The Customer shall ensure that AutoInstallation has clear and free access to a Customer’s car site at all times to enable them carry out the Works. AutoInstallation shall take all due and reasonable care when delivering and installing the product/s in accordance the Terms and Conditions. AutoInstallation shall not be liable for any loss or damage to the site.
(D) The Customer accepts all liability for, and indemnifies AutoInstallation against, any custom orders or additional requests that are outside the usual scope of works, including but not limited to anything that is labelled as a “client/customer requirement”. The usual scope of works, and what is outside same, is determined solely by AutoInstallation .
(E)AutoInstallation accepts no liability for the visual presentation or noise levels of installed products.
12. Termination
(A) If the customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver or manager is appointed for any property or assets of the customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed, AutoInstallation may, in addition to exercising all or any of its rights against the customer, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with the Terms and Conditions. AutoInstallation will not be liable for any loss or damage the Customer suffers as a result of AutoInstallation exercising its rights under this Clause.
(B) If a Customer cancels or alters any order or part order for any product at any time after AutoInstallation has received the order then AutoInstallation reserves the right to charge to the Customer the cost of any product/s or materials already acquired for the order together with cost of labour and tooling expended to the date of such cancellation or alteration. This is a genuine estimate of costs and expenses incurred by AutoInstallation to date.
(C) AutoInstallation reserves its rights as Seller under the Sale of Goods Actor similar State or Territory laws.
13. Personal Property Securities Act 2009 (“PPSA”)
(A) The Customer acknowledges and agrees that:
(i) this agreement constitutes a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by AutoInstallation to the Customer;
(ii) AutoInstallation has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;
(iii) if AutoInstallation registers a security interest under the PPSA, AutoInstallation may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with AutoInstallation ; and
(iv) the materials supplied or will be supplied by AutoInstallation to the Customer are collateral for the purposes of the PPSA.
(B) The Customer waives any right the Customer has under the PPSA to receive notice in relation to registration events.
(C) The Customer and AutoInstallation agree that neither party will disclose information of the kind specified under Section 275(1) of the PPSA.
(D) AutoInstallation may elect, at its absolute discretion and at any time, that any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.
(E) This clause shall survive the Termination of the Contract.
14. Privacy Act 1988
(A) The Customer hereby acknowledges that:
(i) AutoInstallation collects personal information such as contact details, bank account details, insurance details and credit card details and holds such information for seven (7) years. The purpose of the collection of personal information is only for internal use.
(ii) they have been informed by AutoInstallation that personal information about them may be disclosed to or acquired from or to a credit reporting agency.
(iii) if they require further information regarding AutoInstallation s Privacy Policy they may obtain same by providing notice to AutoInstallation .
(B) The Customer hereby agrees:
(i) that AutoInstallation may contact any trade references or other credit references at any time whether now or in the future for the purpose of assessing credit worthiness.
(ii) To AutoInstallation receiving from any other credit provider or providing to any credit provider any information whether by way of report record or otherwise relating to credit worthiness for the purposes of exchanging information, assessing credit worthiness and notification of default at any time whether now or in the future.
(iii) To AutoInstallation obtaining from a credit reporting agency a credit report on the Customer for the purposes of assessing any credit application and the Customer further consents to AutoInstallation obtaining such reports from time to time for the purposes of assessing credit worthiness during the continuance of credit provision.
(iv) To AutoInstallation obtaining from a business which provides credit information a report or information in relation to the Customer’s commercial credit worthiness or commercial dealings and using such information for the purpose of assessing the Customer’s application for credit.
(v) That, in the event of default of payment of any of their debts, AutoInstallation may disclose all information relating to the Customer’s account to its collection agency for the purpose of receiving any or all amounts outstanding.
15. General
(A) If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.
(B) The Customer agrees that these Terms and Conditions are governed by and construed in accordance with the laws of the State or Territory of Australia from which this document is issued and the Customer and AutoInstallation submits to the non-exclusive jurisdiction of the Courts of the State or Territory of Australia from which this document is issued.
(C) Subject to other clauses in these Terms and Conditions and implied provisions, AutoInstallation shall not be liable whatsoever to the Customer for any indirect, consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by AutoInstallation of these Terms and Conditions. In the alternative, AutoInstallation ’s liability shall be limited to damages not exceeding the contract sum of the order.
(D) AutoInstallation may assign all or any part of its rights and obligations without the Customer’s consent.
16. Amendments
Should you not understand anything stated in these Terms and Conditions or wish to request any amendments, please contact AutoInstallation . If you give us instructions to proceed after receiving these Terms and Conditions, same is taken as acceptance of the terms as disclosed herein.