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 NTTSR shall immediately become due and payable, without limitation to any other rights and entitlements that NTTSR may have.
c. If the Customer is in breach or default of these terms and conditions, without limitation, NTTSR 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). NTTSR, 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.
a. In addition to any other remedy or right that NTTSR may have, the Customer acknowledges that NTTSR 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 NTTSR 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 NTTSR may, in its discretion, exercise its lien in respect of any due and unpaid amounts owing by the Customer to NTTSR 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 NTTSR have been paid.
c. NTTSR 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 NTTSR, for the purposes of seeking payment of all outstanding amounts due by the Customer to NTTSR.
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, NTTSR is entitled to charge a storage fee. The storage fee charged is the fee notified by NTTSR, from time to time, and may be displayed on the website of NTTSR, displayed in the office area of the premises of NTTSR 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 NTTSR, from time to time, and may be displayed on the website of NTTSR, displayed in the office area of the premises of NTTSR or advised to the Customer either in writing or verbally.
a. If any amounts due by the Customer to NTTSR have not been paid within six (6) calendar months of the due date then NTTSR 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 NTTSR, including the Customer’s vehicle and/or any items of any description in or attached to the Customer’s vehicle therein. NTTSR shall undertake reasonable attempts to contact the Customer in respect of the amounts outstanding. Any sale by NTTSR shall comply with applicable legislation in respect of the disposal of uncollected or abandoned goods and vehicles.
b. In the event that NTTSR sells the Customer’s property, NTTSR 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. AUTHORITYIN RESPECT OF THE VEHICLE
a. The Customer authorises NTTSR to do every act matter and thing that NTTSR 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 NTTSR).
(iii) Undertaking any diagnostic testing as NTTSR considers appropriate.
b. The Customer authorises and agrees that NTTSR may sub-contract any part of the work required pursuant to these terms and conditions.
c. NTTSR 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 NTTSR.
d. NTTSR 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 NTTSR or otherwise.
19. INSPECTION OF VEHICLE
When the Customer leaves a motor vehicle with NTTSR, NTTSR 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 NTTSR 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 NTTSR. 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 NTTSR or a contractor engaged by NTTSR, NTTSR 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 NTTSR (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 NTTSR (or any of its employees, agents, contractors and other persons authorised by it) due to or arising out of any act or omission of NTTSR (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, NTTSR 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”. NTTSR 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 NTTSR and NTTSR are entitled to retain possession of those parts.
b. If the Customer’s vehicle has a “dash cam”, NTTSR requires that such camera be turned off before any works are undertaken.
23. CHILD SEATS & RESTRAINTS
a. If a Customer presents a vehicle to NTTSR that includes a child seat or a restraint, if NTTSR removes that child seat or restraint for any reason in performing any work pursuant to these terms and conditions, NTTSR 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. NTTSR bears no responsibility or liability for removing a child seat and restraint from the Customer’s motor vehicle.
c. NTTSR will not be liable for the cost of having the child seat and any restraint re-installed in the Customer’s motor vehicle.
24. CUSTOMER SUPPLIED PARTS
The Customer may request that NTTSR use any Customer Supplied Parts in any work. If the Customer so requests, it is agreed:
a. NTTSR does not offer any warranty for using Customer Supplied Parts in any work;
b. NTTSR shall, so far as it is able, ascertain whether the Customer Supplied Parts is fit for the mechanical purposes of any work. NTTSR may request information and details from the Customer about the Customer Supplied Parts and the Customer, must, in good faith, provide all reasonable details requested by NTTSR. NTTSR will rely upon the information and details provided by the Customer in respect of the Customer Supplied Parts in its decision whether the Customer Supplied Parts are suitable to be installed or used in any work.
c. If the Customer Supplied Parts is, in the opinion of NTTSR, suitable, install or use the Customer Supplied Parts in any work for the Customer;
d. If the Customer Supplied Parts is, in the opinion of NTTSR, not suitable for installation or use in any work, inform the Customer of that view. If the Customer insists that the Customer Supplied Parts be installed or used in any work, NTTSR expressly disclaims any lability for loss or damage arising out of installing or using the Customer Supplied Parts.
25. FORCE MAJEURE
a. If, for any reason beyond the reasonable control of NTTSR, 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, NTTSR 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 NTTSR to perform its obligations due a force majeure event exceeds seven (7) days, NTTSR 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 25.b., the Customer must pay NTTSR all fees and charges incurred prior to the effective date of termination for the work performed.
26. 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.
a. NTTSR 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 NTTSR 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 NTTSR agrees to such waiver in writing.
b. If NTTSR 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.
a. Any notice required to be given by the Customer to NTTSR pursuant to these terms and conditions may be delivered to NTTSR personally, to the current address at 17 Groves Avenue, Mulgrave NSW 2756 or sent by post to NTTSR at the postal address 17 Groves Avenue, Mulgrave NSW 2756 (or such other address as NTTSR may, from time to time, nominate.
b. Notices will be deemed to be delivered when received by NTTSR.
c. Any notice required to be given by NTTSR 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 NTTSR sending the email to the email address provided by the Customer).
29. 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 NTTSR 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.
Individual suppliers 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 suppliers, both of which must be present before a supplier is required to report (see relevant sections of Australia Consumer Law).