terms and conditions – repair agreement

/terms and conditions – repair agreement
terms and conditions – repair agreement 2017-10-25T10:55:40+00:00

Repair Agreement Terms and Conditions

Nathan’s Truck and Trailer Smash Repairs Pty Ltd 
www.nathans.com.au 

1. DEFINITION AND INTERPRETATION

In these terms and conditions, the following definitions and interpretations apply:-

a. “Nathans Truck & Trailer Smash Repairs” means Nathans Truck & Trailer Smash Repairs Pty Ltd ACN 128 458 980 as trustee for Nathan Smash Repairs Unit Trust ABN 51 725 714 133 trading at Nathans Truck & Trailer Smash Repairs.

b. The “Customer” means the individual or entity purchasing and/or receiving Goods sold and/or Services supplied by Nathans Truck & Trailer Smash Repairs.

c. “Customer’s Land” means the Customer’s right, title or interest in any real estate (whether presently held or in the future which may be held and wherever located) and whether owned by the Customer legally or beneficially or held by the Customer as a trustee of any trust.

d. Estimated Delivery Date” means, with regards to any Goods or Services, a date agreed between Nathans Truck & Trailer Smash Repairs and the Customer or the date stipulated by Nathans Truck & Trailer Smash Repairs of which the Goods are proposed to be delivered and/or the Services provided.

e. “Dispute” means a dispute initiated under clause 28.

f. “Goods” means the Goods supplied or to be supplied by Nathans Truck & Trailer Smash Repairs to the Customer including Goods manufactured at the Customer’s request.

g. “GST” means the Goods and Services Tax mandated by the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) and words defined in that Act have the same means where used in these terms and conditions.

h. “Heavy Vehicle” means a vehicle over 4.5GVM or such other figure as may be advised by Roads and Maritime Services (or such other body as may replace or perform the same or similar functions as Roads and Maritime Services).

i. “Services” means Services supplied or to be supplied by Nathans Truck & Trailer Smash Repairs to the Customer including but not limited to panel beating, spray painting, mechanical work, electrical work, windscreen repair and/or replacement, the transportation of the Customer’s vehicle or vehicles at the Customer’s request or any other work carried out as requested by the Customer.

j. “monies” means monies now or in the future actually or potentially owing by the Customer to Nathans Truck & Trailer Smash Repairs and includes any part of those monies and includes all interest accruals and costs expenses and disbursements.

k. “work” means the provision of any Goods and/or Services.

l. In the interpretation of this Agreement-

(i) if a Customer is comprised of more than one person or entity then “Customer” means each of those persons or entities collectively and individually and the provisions of these terms and conditions binds each of those persons jointly and severely;

(ii) A reference to the singular includes the plural and vice versa;

(iii) A reference to a gender denotes any other gender and a person denotes an individual, corporation or other entity, as is applicable, and for clarity, includes a trust.

2. TERMS AND CONDITIONS

Nathans Truck & Trailer Smash Repairs and the Customer agree that these terms and conditions shall apply to supply of all Goods and/or Services provided by Nathans Truck & Trailer Smash Repairs to the Customer and that these terms and conditions supersede any prior arrangements, prior offer, dealings or trade usages or any other terms previously used or communicated to the Customer by Nathans Truck & Trailer Smash Repairs.

The Customer agrees and acknowledges that the Customer is bound by these terms and conditions (notwithstanding that the Customer may not have signed these terms and conditions) when the Customer authorises or approves Nathans Truck & Trailer Smash Repairs to carry out work, whether that work is the supply of Goods and/or the performance of Services.

Nathans Truck & Trailer Smash Repairs is bound by the Motor Vehicle Insurance and Repair Industry Code of Conduct pursuant to the Fair Trading Act 1987(NSW).

Any estimate of cost or price may be based upon E-MTA and / or NTAR guidelines and times (at the option of Nathans Truck & Trailer Smash Repairs or any other guidelines and times as Nathans Truck & Trailer Smash Repairs may, from time to time use). If a Customer, insurer or assessor wants to use any other methodology that needs to be approved and agreed by Nathans Truck & Trailer Smash Repairs.

3. QUOTATIONS

If Nathans Truck & Trailer Smash Repairs provides or has provided any quotation to a Customer for work (“Quotation”) then it is agreed:

a. These terms and conditions apply to the Quotation.

b. The prices detailed in the Quotation shall be Nathans Truck & Trailer Smash Repairs current prices as at the date of the Quotation and the price payable for the Goods and/or Services.

c. Any Quotation provided by Nathans Truck & Trailer Smash Repairs is an estimate based on an external inspection only (unless the Quotation expressly provides otherwise).

d. If Nathans Truck & Trailer Smash Repairs, upon further investigation, ascertain there is additional damage or work required or the Customer requests any additional work, then the Customer will be notified in respect of any additional costs and expense for supplying any additional Goods and/or Services required and Nathans Truck & Trailer Smash Repairs shall carry out the required work after confirmation (in writing or verbally) from the Customer as to any additional expense. Nathans Truck & Trailer Smash Repairs will provide a revised Quotation, which upon acceptance shall become the Quotation. Such acceptance can be in writing or verbally by the Customer. The Customer will be required to sign the revised Quotation prior to collection of the vehicle.

e. A Quotation will detail any charges for delivery of the Goods and/or Services.

f. Any Quotation will remain valid for acceptance by the Customer for the period of 3 calendar months (subject to changes in manufacturer’s prices for motor vehicle parts) after the date of Quotation.

4. ORDERS

If the Customer requests Nathans Truck & Trailer Smash Repairs to provide or undertake any work without a Quotation (“Order”) then:

a. The Order is subject to acceptance in writing by Nathans Truck & Trailer Smash Repairs.

b. The price payable for the work required for any Order shall be Nathans Truck & Trailer Smash Repairs current price as at the date of Nathans Truck & Trailer Smash Repairs accepting the Order.

c. Nathans Truck & Trailer Smash Repairs may require a deposit to be paid by the Customer at the time an Order is made. The deposit amount is the amount notified by Nathans Truck & Trailer Smash Repairs to the Customer (in writing or verbally).

d. Nathans Truck & Trailer Smash Repairs reserves the right to cancel any Order if any payment required is not made at the time of the Order by the Customer.

5. VARIATION OR CANCELLATION

Once a Customer has accepted a Quotation or Nathans Truck & Trailer Smash Repairs has accepted an Order from the Customer:-

a. Subject to clause 3 regarding Quotations, there can be no change in the scope or nature of the work to be undertaken by Nathans Truck & Trailer Smash Repairs unless agreed to by both parties in writing.

b. If the Customer decides to cancel a Quotation or Order, the Customer agrees to pay and/or compensate Nathans Truck & Trailer Smash Repairs for any loss, damage or expense incurred by Nathans Truck & Trailer Smash Repairs in relation to the cancellation of any Quotation or Order, including, without limitation storage fees, salvage and towing fees (if applicable).

6. CHARGES AND TAXES

a. Unless otherwise explicitly stated, the price of any work excludes all freight, transportation, shipping, insurance, packaging, crating or casing, storage handling, demurrage, delivery, export or similar charges and any tax or impost that may be payable or chargeable in respect of the undertaking of any work. The Customer agrees to pay and indemnify Nathans Truck & Trailer Smash Repairs in respect of any proper charges or taxes imposed. If Nathans Truck & Trailer Smash Repairs agrees in writing that the price includes any applicable charges or taxes, the price is subject to adjustment for mandated increases in any of those charges or taxes after the date of the Quotation or acceptance of any Order.

b. The Customer hereby agrees to indemnify and hold harmless Nathans Truck & Trailer Smash Repairs in respect of any liability for any taxes, levies, duties and assessments that may be payable in respect of the work undertaken. For clarity, the price for undertaking the work excludes the cost of installation, commissioning or any training requested by the Customer .

7. PAYMENT

a. The Customer must pay for the work undertaken prior to the collection of the Goods or vehicle or as otherwise may be agreed in writing between Nathans Truck & Trailer Smash Repairs and the Customer.

b. If the Customer is insured for any work required, the Customer still remains primarily liable for all monies due to Nathans Truck & Trailer Smash Repairs.

c. If the Customer requires additional work to be undertaken (over and above what may be approved by the Customer’s insurer or by the Customer previously) then the Customer is liable to pay all monies due to Nathans Truck & Trailer Smash Repairs for such additional work.

d. If payment is not made when required, the Customer shall be liable to pay interest to Nathans Truck & Trailer Smash Repairs. The interest rate shall be the interest rate chargeable by the bankers for Nathans Truck & Trailer Smash Repairs on overdrafts less than $50,000.00 (and if more than one rate the highest rate). A certificate from the bankers for Nathans Truck & Trailer Smash Repairs in respect of any such interest rate shall be conclusive evidence. Payment of interest does not limit, negate or waive any other rights and entitlements that Nathans Truck & Trailer Smash Repairs may have arising out of non-payment or late payment by the Customer.

e. The Customer is not entitled to deduct or set off any amounts that may be owed by Nathans Truck & Trailer Smash Repairs to the Customer or to withhold any payments due to Nathans Truck & Trailer Smash Repairs.

f. Nathans Truck & Trailer Smash Repairs is registered for Goods and Services tax (GST). Without limiting clause 6, the Customer is liable to reimburse Nathans Truck & Trailer Smash Repairs for any GST that may be payable by Nathans Truck & Trailer Smash Repairs on any supply made pursuant to these terms and conditions to the Customer. Nathans Truck & Trailer Smash Repairs shall provide a Tax Invoice to the Customer in respect of any monies due.

g. Payment can be made by cash, debit card, bank cheque (not personal cheques) or credit card (AMEX and Diner’s Club cards are not accepted). Bank transfers are also accepted, but must be cleared before the vehicle is released to the Customer.

8. DELIVERY AND RETURNS

a. Nathans Truck & Trailer Smash Repairs shall use its reasonable endeavours to deliver or perform the work on or before the stipulated Estimated Delivery Date, however:

(i) Any Estimated Delivery Date is subject to extension due to any delay caused by strikes, lockouts, wharf breakdowns, accidents, delays in transport, fire, force majeure, the nature and extent of the damage or the work required being more extensive than envisaged or any other cause beyond the reasonable control of Nathans Truck & Trailer Smash Repairs; and

(ii) Nathans Truck & Trailer Smash Repairs shall not be liable for any loss, damage or other liability (whether in contract, tort and whether in law or in equity or otherwise) directly or indirectly arising from the work not being undertaken or delivered by the Estimated Delivery Date, for any reason.

b. The Customer will be liable for all costs relating to delivery.

c. Nathans Truck & Trailer Smash Repairs, may with the agreement of the Customer, undertake and deliver the work to the Customer in instalments or periodically. In that event, Nathans Truck & Trailer Smash Repairs may separately invoice the Customer for payment of each delivery instalment.

d. The Customer is not entitled to return any Goods and/or Services except with the express prior written approval of Nathans Truck & Trailer Smash Repairs. Any return of Goods and/or Services may, at the discretion of Nathans Truck & Trailer Smash Repairs, be subject to 20% handling/restocking fee.

e. Any Goods which have been manufactured at the request of the Customer, or altered specifically by the Customer, cannot be returned on the ground that the Customer has changed their mind in respect of the Goods.

9. PROPERTY RISK

a. The Goods are at the risk (including for loss, damage or deterioration) of the Customer from the time of delivery of the Goods. For these purposes, the carrier shall be deemed to be the agent of the Customer.

b. Any property of the Customer in the possession or control of Nathans Truck & Trailer Smash Repairs is at the risk of the Customer.

10. WARRANTIES

a. Nathans Truck & Trailer Smash Repairs warrants the work will be undertaken with all due care and skill and in a professional and workmanlike manner and according to generally acceptable industry standards and practices.

b. To the extent permitted by law, all other express or implied warranties, representations, terms and conditions other than those expressly contained in the Quotation, Order and/or and these terms and conditions, are expressly excluded.

c. Where there is a conflict between any term of these terms and conditions and any term of any Quotation or Order the terms of these terms and conditions will prevail.

11. LIABILITY

The Customer agrees that:

a. The Customer must satisfy themselves as to the truth or accuracy of and may not rely upon any technical or other advised information provided by on behalf of Nathans Truck & Trailer Smash Repairs in connection with the work to be undertaken.

b. Except to the extent prohibited by law and subject to any warranty provided by Nathans Truck & Trailer Smash Repairs the only remedy against Nathans Truck & Trailer Smash Repairs for any loss, damage or liability (whether in contract, tort or pursuant to law or equity or otherwise) in connection with these terms and conditions and/or undertaking the work and/or the failure by Nathans Truck & Trailer Smash Repairs to undertake the work or part of the work shall be limited to Nathans Truck & Trailer Smash Repairs replacing or repairing any Goods supplied and/or re-performing the Services, in the discretion of Nathans Truck & Trailer Smash Repairs.

c. Nathans Truck & Trailer Smash Repairs will otherwise have no liability to the Customer (whether in contract, tort or pursuant to law or equity or otherwise) and without limitation, Nathans Truck & Trailer Smash Repairs specifically excludes any liability to the Customer or to any third party for loss of profit or any other consequential, indirect, incidental or special loss, damages, costs or expenses.

d. Nathans Truck & Trailer Smash Repairs is not liable for any damage or loss due to user generated data being lost, changed or altered arising out of any action taken by or work undertaken by Nathans Truck & Trailer Smash Repairs pursuant to these terms and conditions.

e. Nothing in these terms and conditions will operate to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 or the Consumer Law, which cannot be excluded, restricted or modified.

12. DEFECTIVE GOODS AND SERVICES

a. Within ten (10) days after delivery of the Goods and/or provision of the Services by Nathans Truck & Trailer Smash Repairs, the Customer shall complete any inspection or testing it deems necessary to confirm the Goods and/or the Services comply with these terms and conditions or any Order and the Customer shall notify Nathans Truck & Trailer Smash Repairs in writing to the extent to which the Goods and/or Services do not comply with the terms and conditions or any Order.

b. The Customer must not use the Goods and/or Services (other than to the extent reasonably necessary for inspection and testing) before the Customer completes any inspection and testing and satisfies itself that the Goods and/or Services comply with these terms and conditions or any Order or, if the Customer advises Nathans Truck & Trailer Smash Repairs in writing that the Goods and/or Services do not comply with the terms and conditions or any Order, until Nathans Truck & Trailer Smash Repairs has had a reasonably opportunity to inspect and test the Goods and/or Services after Nathans Truck & Trailer Smash Repairs receives such notice.

c. If the Customer does not comply with clauses 12 a. or b. the Customer shall be taken to have unconditionally accepted the Goods and/or Services.

13. CHARGING CLAUSE

a. For the purposes of securing payment of all monies which are or may become payable by the Customer to Nathans Truck & Trailer Smash Repairs, the Customer hereby charges, as legal and/or beneficial owner or as trustee of any trust, in favour of Nathans Truck & Trailer Smash Repairs all the Customer’s right title and interest in land (whether presently or in the future held) with the payment of all monies due to Nathans Truck & Trailer Smash Repairs. The Customer acknowledges that Nathans Truck & Trailer Smash Repairs may register a caveat or caveats over the Customer’s land in respect of the charge granted.

b. If the Customer is a trustee of any trust or becomes a trustee of a trust then:

(i) The Customer is bound by these terms and conditions in the Customer’s personal capacity as well as in the Customer’s capacity as trustee and charges the land held in the name of the Customer as trustee.

(ii) Warrants to Nathans Truck & Trailer Smash Repairs that the Customer has all authority and power under the relevant trust instrument to enter into the contractual arrangements with Nathans Truck & Trailer Smash Repairs and to charge any land held by the Customer as trustee in accordance with these terms and conditions.

c. Upon demand by Nathans Truck & Trailer Smash Repairs, the Customer agrees to immediately execute a mortgage or other instrument in terms satisfactory to Nathans Truck & Trailer Smash Repairs to secure all indebtedness owed by the Customer to Nathans Truck & Trailer Smash Repairs.

14. DEFAULT, INSOLVENCY AND TERMINATION

If the Customer:

a. Is in breach or default in respect of these terms and conditions including, without limitation, an unreasonable refusal to accept any Goods and/or Services or failing to pay for any work in accordance with these terms and conditions; or

b. Becomes insolvent, commits an act of bankruptcy or insolvency, has a bankruptcy petition presented against it, becomes bankrupt, becomes subject to or bound by any arrangement assignment, composition or moratorium of debts with its creditors, comes under official management, receivership, liquidation, administration, a winding up order is made or become subject of other external administration, then all monies owing by the Customer to Nathans Truck & Trailer Smash Repairs shall immediately become due and payable, without limitation to any other rights and entitlements that Nathans Truck & Trailer Smash Repairs may have.

c. If the Customer is in breach or default of these terms and conditions, without limitation, Nathans Truck & Trailer Smash Repairs may:-

(i) Immediately terminate the supply of the Goods and/or Services;

(ii) Refuse, suspend or withhold supply of any further Goods and/or Services;

(iii) Enter upon any land or premises (personally, by its employees agents or other authorised persons) in the possession or control of the Customer and use reasonable force for the purposes of retaking possession of any Goods (title to which has not passed to the Customer). Nathans Truck & Trailer Smash Repairs, in that event, shall have no liability to the Customer whether in trespass, negligence, payment of damages, compensation or otherwise; or

(iv) Terminate any credit arrangement with a Customer.

15. LIEN

a. In addition to any other remedy or right that Nathans Truck & Trailer Smash Repairs may have, the Customer acknowledges that Nathans Truck & Trailer Smash Repairs has the right to a lien (under general law and/or equity or pursuant to statute) over all property of the Customer in the control or in the possession of Nathans Truck & Trailer Smash Repairs including, without limitation, the Customer’s vehicle and/or all items of any description in or attached to the Customer’s vehicle, to secure payment of any or all amounts outstanding.

b. The Customer agrees and acknowledges that Nathans Truck & Trailer Smash Repairs may, in its discretion, exercise its lien in respect of any due and unpaid amounts owing by the Customer to Nathans Truck & Trailer Smash Repairs and may retain the Customer’s vehicle and/or any items of any description in or attached to the Customer’s vehicle until payment of all amounts outstanding by the Customer to Nathans Truck & Trailer Smash Repairs have been paid.

c. Nathans Truck & Trailer Smash Repairs may exercise all and any rights that it has (under the general law and/or equity or pursuant to statute) in respect of any property of the Customer in the control or in the possession of Nathans Truck & Trailer Smash Repairs, for the purposes of seeking payment of all outstanding amounts due by the Customer to Nathans Truck & Trailer Smash Repairs.

16. STORAGE AND SALVAGE CHARGES

a. If the Customer’s vehicle is not collected by the Customer within seven (7) days of the work being completed, Nathans Truck & Trailer Smash Repairs is entitled to charge a storage fee. The storage fee charged is the fee notified by Nathans Truck & Trailer Smash Repairs, from time to time, and may be displayed on the website of Nathans Truck & Trailer Smash Repairs, displayed in the office area of the premises of Nathans Truck & Trailer Smash Repairs or advised to the Customer either in writing or verbally.

b. Any storage fee is payable when the vehicle is collected by the Customer.

c. Salvage and towing fees may also be payable. Any salvage or towing fee/s charged is the fee notified by Nathans Truck & Trailer Smash Repairs, from time to time, and may be displayed on the website of Nathans Truck & Trailer Smash Repairs, displayed in the office area of the premises of Nathans Truck & Trailer Smash Repairs or advised to the Customer either in writing or verbally.

17. ABANDONMENT

a. If any amounts due by the Customer to Nathans Truck & Trailer Smash Repairs have not been paid within six (6) calendar months of the due date then Nathans Truck & Trailer Smash Repairs may, subject to any requirements of the general law and/or equity or pursuant to statute, sell any property in the control or possession of Nathans Truck & Trailer Smash Repairs, including the Customer’s vehicle and/or any items of any description in or attached to the Customer’s vehicle therein. Nathans Truck & Trailer Smash Repairs shall undertake reasonable attempts to contact the Customer in respect of the amounts outstanding. Any sale by Nathans Truck & Trailer Smash Repairs shall comply with applicable legislation in respect of the disposal of uncollected or abandoned goods and vehicles.

b. In the event that Nathans Truck & Trailer Smash Repairs sells the Customer’s property, Nathans Truck & Trailer Smash Repairs will apply the proceeds, in the first instance to the satisfaction of the amounts outstanding by the Customer and the costs of exercising the right of sale with any balance of the proceeds of sale to be returned, where possible, to the Customer.

18. AUTHORITY IN RESPECT OF THE VEHICLE

a. The Customer authorises Nathans Truck & Trailer Smash Repairs to do every act matter and thing that Nathans Truck & Trailer Smash Repairs considers desirable or necessary to undertake the works in respect of the Customer’s vehicle including, but not limited to:-

(i) Entering the Customer’s vehicle.

(ii) Test driving the Customer’s vehicle (including the driving the Customer’s vehicle to location/s outside the premises controlled by Nathans Truck & Trailer Smash Repairs).

(iii) Undertaking any diagnostic testing as Nathans Truck & Trailer Smash Repairs considers appropriate.

b. The Customer authorises and agrees that Nathans Truck & Trailer Smash Repairs may sub-contract any part of the work required pursuant to these terms and conditions.

c. Nathans Truck & Trailer Smash Repairs accepts no liability for damage that occurs or is sustained to the Customer’s property including any motor vehicle and/or goods of the Customer when in the possession of any sub-contractor engaged by Nathans Truck & Trailer Smash Repairs.

d. Nathans Truck & Trailer Smash Repairs accepts no liability or responsibility for property of the Customer or contents of any motor vehicle that is left in the Customer’s vehicle while the vehicle is in the possession or control of Nathans Truck & Trailer Smash Repairs or otherwise.

19. INSPECTION OF VEHICLE

When the Customer leaves a motor vehicle with Nathans Truck & Trailer Smash Repairs, Nathans Truck & Trailer Smash Repairs will prepare a diagrammatic depiction of the vehicle identifying the areas of damage, both to the interior and exterior. Such depiction shall be agreed to by the Customer prior to any work being undertaken.

20. REGISTRATION OF VEHICLE

a. The Customer’s vehicle may be driven on public roads as part of any required test drive, specialised repairs or for the purposes of the required work being undertaken.

b. It is the Customer’s responsibility to ensure that all vehicles repaired by Nathans Truck & Trailer Smash Repairs are currently registered with the relevant registration authority and have the applicable third party insurance cover and that such registration and insurance cover will subsist during the time the vehicle is in the possession or control of Nathans Truck & Trailer Smash Repairs. If the Customer’s vehicle is found to be or becomes unregistered and/or uninsured, the Customer will be notified and work may not be carried out or ceased on the vehicle until such registration and/or third party insurance cover is current.

c. If the Customer’s vehicle is driven by an employee or agent of or other person authorised by Nathans Truck & Trailer Smash Repairs or a contractor engaged by Nathans Truck & Trailer Smash Repairs, Nathans Truck & Trailer Smash Repairs shall require that any such person has a current, valid and applicable driver’s licence.

d. Without limiting any other provision of these terms and conditions, the Customer releases and indemnifies Nathans Truck & Trailer Smash Repairs (and its employees, agents, contractors and other persons authorised by it) from all and any claims (including legal expenses), demands, actions and proceedings that may be brought by the Customer (or any other person) against Nathans Truck & Trailer Smash Repairs (or any of its employees, agents, contractors and other persons authorised by it) due to or arising out of any act or omission of Nathans Truck & Trailer Smash Repairs (or any of its employees, agents, contractors and other persons authorised by it) causing loss or damage due to or arising from the use or driving of the Customer’s vehicle on any public road or from natural disasters or due to the Customer’s vehicle not being registered or not having third party insurance cover.

21. HEAVY VEHICLES

If the Customer’s vehicle is a Heavy Vehicle, if any wheels on the Heavy Vehicle are removed for the purposes of undertaking work, Nathans Truck & Trailer Smash Repairs requires the Customer to monitor the wheels removed after any works have been performed. The wheels removed will be marked on the attached document headed “Truck Wheel Nut Information”. Nathans Truck & Trailer Smash Repairs recommends that the Customer check the tension of any wheel nuts removed after travelling approximately 50 kilometres.

22. PARTS REMOVED AND “DASH CAM”

a. If any parts are removed from the Customer’s vehicle, those parts will, upon such removal, become the property of Nathans Truck & Trailer Smash Repairs and Nathans Truck & Trailer Smash Repairs are entitled to retain possession of those parts.

b. If the Customer’s vehicle has a “dash cam”, Nathans Truck & Trailer Smash Repairs requires that such camera be turned off before any works are undertaken.

23. CHILD SEATS & RESTRAINTS

a. If a Customer presents a vehicle to Nathans Truck & Trailer Smash Repairs that includes a child seat or a restraint, if Nathans Truck & Trailer Smash Repairs removes that child seat or restraint for any reason in performing any work pursuant to these terms and conditions, Nathans Truck & Trailer Smash Repairs is not obligated to re-install the child seat and restraint for the Customer. It is the Customer’s responsibility to have that child seat and restraint re-installed, as the Customer sees fit.

b. Nathans Truck & Trailer Smash Repairs bears no responsibility or liability for removing a child seat and restraint from the Customer’s motor vehicle.

c. Nathans Truck & Trailer Smash Repairs will not be liable for the cost of having the child seat and any restraint re-installed in the Customer’s motor vehicle.

24. FORCE MAJEURE

a. If, for any reason beyond the reasonable control of Nathans Truck & Trailer Smash Repairs, it is unable to perform, in whole or in part, any of the work agreed to or any other obligation under these terms and conditions, Nathans Truck & Trailer Smash Repairs will be relieved of its obligations to the extent and for the period that it is unable to so perform, and will not be liable to the Customer in respect of any such inability in any way whatsoever.

b. If a delay or failure by Nathans Truck & Trailer Smash Repairs to perform its obligations due a force majeure event exceeds seven (7) days, Nathans Truck & Trailer Smash Repairs may immediately terminate the agreed arrangements or such part or parts as remain unperformed by giving notice to the Customer.

c. In the event of such termination under clause 24.b., the Customer must pay Nathans Truck & Trailer Smash Repairs all fees and charges incurred prior to the effective date of termination for the work performed.

25. GOVERNING LAWS

The laws of New South Wales shall apply to the terms and conditions and the Customer submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal therefrom.

26. GENERAL

a. Nathans Truck & Trailer Smash Repairs may, in its discretion, exercise or not exercise any right or entitlement pursuant to these terms and conditions or may insist or not insist upon strict performance of any provisions of these terms and conditions. Failure by Nathans Truck & Trailer Smash Repairs to exercise any right or entitlement or to insist upon strict performance does not operate as a waiver of any particular term and conditions, unless Nathans Truck & Trailer Smash Repairs agrees to such waiver in writing.

b. If Nathans Truck & Trailer Smash Repairs exercises a partial right or entitlement, that does not preclude any further or whole exercise of that right or entitlement.

c. If any part of these terms and conditions or any related document is or becomes void or enforceable, it is agreed that part is severed so that the remaining parts which are not void or enforceable remain in full force and effect.

27. NOTICES

a. Any notice required to be given by the Customer to Nathans Truck & Trailer Smash Repairs pursuant to these terms and conditions may be delivered to Nathans Truck & Trailer Smash Repairs personally, to the current address at 17 Groves Avenue, Mulgrave NSW 2756 or sent by post to Nathans Truck & Trailer Smash Repairs at the postal address 17 Groves Avenue, Mulgrave NSW 2756 (or such other address as Nathans Truck & Trailer Smash Repairs may, from time to time, nominate.

b. Notices will be deemed to be delivered when received by Nathans Truck & Trailer Smash Repairs.

c. Any notice required to be given by Nathans Truck & Trailer Smash Repairs to the Customer pursuant to these terms and conditions may be delivered by post to the Customer’s last known address (to which the postal service will apply) or by facsimile to the Customer’s last known facsimile number and will be taken to be received when a successful facsimile transmission is notified to the facsimile machine sending the transmission or by email to the last known email address of the Customer (which will be taken to be received within 24 hours of Nathans Truck & Trailer Smash Repairs sending the email to the email address provided by the Customer).

28. DISPUTE RESOLUTION

a. A Party must not commence any court or arbitration proceedings relating to a Dispute unless it first complies with this clause except where a Party seeks urgent interlocutory relief.

a. A Party claiming that a Dispute has arisen under these terms and conditions must give written notice to the other Party giving reasonable details of the nature of the Dispute (Notice).

b. On receipt of that Notice by the other Party, the Parties must endeavour in good faith and within seven (7) days to resolve the Dispute.

c. If the Parties do not agree within seven (7) days of receipt of the Notice (or any further period agreed by them) as to:

(i) the dispute resolution technique and the procedures to be adopted;

(ii) the timetable for all steps in those procedures; and

(iii) the selection and compensation of the independent person required for such technique,

then the Parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales. The Parties must request the President of the Motor Trader’s Association of New South Wales (or if that position and/or association no longer exits, the chief executive officer of any body or association that has replaced the Motor Trader’s Association of New South Wales or performs the same or similar functions) or the President’s nominee (or as appropriate) to select the Mediator and determine the Mediator’s remuneration.

AUSTRALIAN CONSUMER LAW – REPAIR NOTICES

WARNING ADVICE FOR USER GENERATED DATA

Please ensure that ALL USER GENERATED OR PERSONAL INFORMATION stored on any vehicle device capable of storage has been backed up or copied to avoid any loss of information due to vehicle repairs. Such user generated data may include music stored in on-board media systems, files stored in on-board computers, GPS/mapping settings, telephone contacts and pre-set numbers, driver pre-recorded settings for seats, mirror, and steering wheels etc

REFURBISHED GOODS OR PARTS

Goods presented for repair may be replaced by Refurbished Goods of the same type rather than being repaired. Refurbished parts may be used to repair the Goods. Any refurbished Goods used by Nathans Truck & Trailer Smash Repairs will be identified in any Quotation or Order and described as one of the following (exchange, used, reconditioned). Your acceptance of any Quotation or Order will act as notification and authority to use any such refurbished Goods. Insurers must notify their Customers if any refurbished Goods are to be used in the repair process.

MANDATORY REPORTING

Individual supplies are responsible for reporting incidents where consumer Goods have been associated with a death or serious injury or illness to any person. Broadly there are two triggers to the reporting requirements for supplies, both of which must be present before a supplier is required to report (see relevant sections of Australia Consumer Law).