Terms and conditions

 

Application of these terms and conditions

• Your request for Goods or Services constitutes an offer by You for Us to supply You with Goods and Services on these terms and conditions which may be accepted by Us providing You with those Goods or Services.

• These terms and conditions govern the supply by Us of Goods and Services to You and will apply to the exclusion of any other terms and conditions notified to or agreed with You, or any terms and conditions proposed or notified by You to Us. Unless We agree in writing, these terms and conditions comprise the entire agreement between You and Us in respect of the supply of any Goods and Services by Us to You.

• We may vary these terms and conditions from time to time in which case an updated document will be made available by notice. The request for Goods or Services by You following such a notice will constitute Your acceptance of that variation.

Terms of payment and supply

• You agree to pay Us upon receipt of Your tax invoice the amounts set out in that tax invoice. All payments must be made in Australian dollars and in immediately available funds and without any deduction or setoff. GST is payable in addition to any price for the Goods and Services provided by Us and must be paid at the same time as the relevant tax invoice.

• If any amount is unpaid by the due date then, without prejudice to any other right or remedy We may have, We may charge You a late fee of 2% per annum from time to time calculated on the daily balance of the unpaid amount from the due date until the date of payment in full.

• A 50 % or higher deposit my be required for jobs spanning multiple days or amounts over $1000.00.

Availability of Services

• Any time or date or month stated by Us for anticipated or promised provision of any Services is a bona fide estimate only and not a contractual commitment. We will use reasonable endeavours to meet any estimated dates for provision of Services but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.

Warranty

• We warrant Our Services to You against defective workmanship for the period of 3 months and depending on the use. We will make good any defective or faulty workmanship if the defect or damage is attributable to faulty workmanship by us.

• Subject to any contrary provision in the Australian Consumer Law:

  • We are only liable to make good faulty workmanship attributable to Our Services and You agree that We are not required to make good the faulty workmanship performed by third parties;

  • We are not liable for any alleged Loss in value of the Vehicle or other consequential damage or Loss as a result of any alleged faulty workmanship and You agree not to make any such claim;

  • We are not liable to rectify or repair any damage or deterioration in the general condition of the Vehicle as a result of normal ageing or usage wear and tear or exposure to the elements and you agree not to make any such claim; and

  • We are not liable to rectify or repair subsequent damage or deterioration to any particular repair that We have made which is as a result of normal ageing or usage wear and tear or through exposure to the elements or as a result of further damage being sustained to the repaired section of the Vehicle.

• This warranty will be void if You fail to comply with these terms and conditions.

• If You wish to make a warranty claim, please contact Us using the details set out below, and provide Your name, contact details, Vehicle details, invoice number and a brief description of Your claim.

• You must bear the cost of claiming under this warranty. We have no other liability under this warranty, including liability for any loss of Your time or Vehicle use, or for any rental vehicle or transport costs.

Indemnity

• You indemnify Us against all Loss and liability We suffer or incur(either directly or indirectly) in connection with Your breach of these terms and conditions or any other act or omission by You, or any amounts incurred or expended by Us in exercising or enforcing Our rights under these terms and conditions.

Exclusions and limitation of liability

• We only accept liability to You in connection with the supply of Services to the extent expressly provided in these terms and conditions. We exclude any other liability We might otherwise have to You (whether based in contract, tort (including negligence), statute or otherwise).

• We accept liability to You under the Competition and Consumer Act 2010 (Cth) and other laws, to the extent not to do so would be illegal, or would make any part of these terms and conditions void or unenforceable. If We are liable for any non-excludable conditions, warranties or guarantees, and where permitted by law to do so, Our liability is limited to resupplying the relevant or equivalent Services or, in either case, paying for the cost of doing so.

• Our maximum liability to You for any Loss or liability You or any other person may suffer or incur in connection with the supply by Us to You of any Goods or Services (whether based in contract, tort (including negligence), statute or otherwise) is, to the extent permitted by law, limited to a maximum amount equal to the amount You have paid to Us for the relevant Services pursuant to these terms and conditions.

General

• These terms and conditions are governed by the laws of NSW and You irrevocably submit to the jurisdiction of the courts exercising jurisdiction in NSW.

Definition

• Us meaning Mitch’s auto electrical, ABN: 67 656 597 509​