General Terms and Conditions
Provisions of Work & Supply of Materials
The supplier agrees to provide the work and materials. The work will be performed in a proper and workmanlike manner and the materials will be of merchantable quality and be fit for the purpose.
If, during the performance of its duties under this agreement, the supplier discovers problems which were not found in the first instance, and which problems require additional work or materials:
(a) the supplier shall notify the customer of the additional work and materials that are needed; and
(b) the customer may elect to have the additional work and materials supplied or to cancel this agreement.
Provided that the customer shall pay for work and materials already supplied as at the date of notification.
The customer agrees to pay the price specified overleaf on or before collection of the vehicle from the supplier unless the supplier has provided the customer with a credit facility.
If no price is specified in respect of the supply of work and materials, the customer shall pay the supplier by the supplier’s prevailing costs, rates and charges applicable at the date of this agreement.
Work performed includes time spent consulting with the customer, telephone calls, meeting and preparation time, time for travel and any other time attributable to the supply of work or materials.
At the date this agreement is executed by the supplier:
(a) if the supplier has the materials in stock, the quoted price of such materials shall not be subject to change; and
(b) if materials are not in stock, then the quoted price of such materials is subject to increase in proportion to an increase in the price payable by the supplier to its materials supplier.
The supplier shall provide a valid tax invoice in respect of the work and materials supplied.
If payment is made by cheque, the cheque shall be collateral only and shall not discharge the customer’s obligation to pay under this agreement until the drawer’s bank has cleared the cheque. If the customer’s cheque is dishonoured or if money owing under this agreement remains unpaid after the due date, the Supplier may refuse to provide further Work or Materials until full payment is made of after payment has been made.
The customer shall pay:
(a) interest on the overdue amounts at the National Australia Bank’s Standard Credit Card Rate, as published by it from time to time; and
(b) an administrative fee of $10.00 for each reminder letter sent by the Supplier seeking payment of an overdue account.
Retention of Ownership by Supplier
Ownership of the materials does not vest in the customer until the customer has performed all its obligations under this agreement.
If the customer obtains possession of the materials before ownership passes to the customer, the customer shall hold those materials as bailee for the Supplier and shall surrender the materials to the supplier on demand. If the customer fails to surrender the materials on demand, the customer hereby authorises the supplier to enter the premises where the materials may be found and retake possession, if necessary by removing materials from the vehicle. The supplier shall not be responsible to the customer for any damage reasonably incurred by the Supplier removing Materials from the Vehicle.
Lien Over Vehicle/Materials
The customer acknowledges that the supplier may exercise a lien over the Materials and/or the vehicle at the supplier’s discretion until all monies due and payable by the customer to the supplier are paid.
The lien shall not be extinguished if the customer temporarily retakes possession of the materials and/or the vehicle and the lien also extends to cover all monies owing by the customer to the supplier, not just the money owing in respect of the work and materials supplied by the supplier since the supplier last obtained possession of the materials.
Collection & Storage Fees
The estimated date for collection specified is to serve as a guideline only and unless considerable delay is occasioned as a result of gross negligence on the part of the supplier, failure to make ready for collection by the estimated date for collection shall not make the supplier liable for any loss or damage, including any consequential loss or damage, suffered by the customer as a result of such delay.
The customer shall collect the materials and/or the vehicle within seven (7) days of notification that the materials and/or the vehicle are ready for collection.
The supplier may charge storage fees specified (the default fee is $10.00/day) if the customer fails to take delivery within seven (7) days of notification by the Supplier that the materials and/or the vehicle are ready for collection and the Supplier may transfer the vehicle or materials into storage away from the supplier’s premises. Prior to doing so, the supplier shall give notice to the customer of the storage arrangements and the customer agrees to pay all reasonable costs incurred in storage and transport to and from such storage.
Disposal of Uncollected Goods
If the customer fails to collect the materials and/or the vehicle within thirty (30) days of receiving notice that the materials and/or the vehicle are ready for collection, the Supplier may sell the materials and/or the vehicle and apply the proceeds of the sale in satisfaction of any outstanding money owed to the supplier by the customer without the need to advise the customer. All monies still outstanding after the sale are still payable by the customer.
The supplier shall make reasonable efforts to sell the materials and/or the vehicle for its market value. Any monies in excess of the outstanding debt shall be held in trust for the customer.
Save and except to any rights and warranties not permitted to be excluded by law, the liability of the supplier, at the supplier’s option, shall be limited to either:
(a) re-provision of the work and/or supply of replacement or equivalent materials; or
(b) repair of the materials; or
(c) payment of the cost of re-provision of the work and/or supply of replacement or equivalent materials; or
(d) payment of the cost to have the materials repaired.
Subject to the law, the supplier shall not be liable for any consequential damage that may result from a breach of this contract by the Supplier.
The customer shall reimburse the supplier for all reasonable costs incurred by the supplier in connection with the recovery of overdue accounts and/or the sale of materials and/or the vehicle in the event of failure to collect materials and/or the vehicle, including legal fees on a solicitor and client basis.
9.2 In addition to the supplier’s rights in clause 9.1, the Supplier may sue for any loss of profits and consequential damage it suffers as a result of the Customer’s breach of this Agreement.
In consideration of the supplier, at the request of the customer and the directors, entering this agreement, the directors guarantee to the supplier the performance by the customer of the terms of this agreement.
The Directors’ obligations shall not be subject to any prior notice to the directors with regard to any default of the customer.
The special terms overleaf override all other terms of this agreement.
Any notice required to be served on a party may be served personally or be left at or sent by letter addressed to that party at the party’s address specified in item A. If posted, the notice shall be deemed to be served two (2) business days after posting. Notices sent by facsimile shall be deemed to be duly given within 24 hours of receipt by the sender of a transmission control report from the dispatching machine indicating successful transmission.
If any part of this agreement is or becomes void and unenforceable, then that part shall be severed from this agreement and the remainder shall not be affected.
This agreement shall be governed by the laws of NEW SOUTH WALES and the parties submit to the exclusive jurisdiction of the Courts of NEW SOUTH WALES
If the customer comprises more than one person, each person shall be jointly and severally liable to perform the customer’s obligations under this Agreement.