Terms and Conditions

General Provisions

The following terms and conditions (“Terms and Conditions”) apply to all services provided by the Company, its affiliates or subsidiaries (collectively “Company”), including but not limited to:

• The provision of any service related to the repair, maintenance, servicing or replacement of a vehicle;
• The sale of parts and accessories for vehicles;
• The sale of products and services that are used in connection with the repair, maintenance, service or replacement of a vehicle.

Definitions

In these Terms and Conditions, unless otherwise stated:

•  “Affiliate” means any person directly or indirectly controlling, controlled by, under common control with or having an interest in, or which is owned or controlled by, another person;
• “Authorised Dealer” means a dealer who has been issued with an Authorisation from the Company to provide the Company’s authorised services;
•  “Customer” means the person who requests the Company to perform any of its services;
•  “Dealer” means an Authorised Dealer;
•  “Goods” means goods sold by the Company or its Affiliates;
• “Partner” means a company that provides a platform for the Company to sell Goods;
•  “Services” means the services provided by the Company or its affiliates;
• “Vehicle” means any motor vehicle, trailer, semi-trailer or other vehicle designed for use on land;

Customer’s Obligations

• Before requesting any Services, the Customer must ensure that it has complied with the requirements set out in this Agreement. If the Customer does not comply with such requirements, then the Company may refuse to provide the Services requested by the Customer.
• The Customer shall be responsible for ensuring that the Vehicle is maintained in accordance with the manufacturer’s instructions and applicable laws and regulations.

Payment

All payments made by the Customer to the Company will be subject to acceptance by the Company.

Warranty

Unless otherwise agreed between the parties the Company warrants that the Goods supplied hereunder will conform to the description given in the Order Form and/or invoice. The Company’s liability for breach of warranty is limited to refunding the price paid by the Customer for the Goods or replacing the Goods or part thereof if they fail to correspond with their description. This warranty excludes any implied warranties of merchantability or fitness for purpose.

Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability arising out of or in connection with the supply of the Goods or the performance of the Services whether in contract, tort (including negligence), misrepresentation or otherwise, shall in no event exceed the price of the Goods or the amount actually paid by the Customer for them.

Indemnity

The Customer agrees to indemnify and keep indemnified the Company from all claims, liabilities, damages, costs and expenses (including legal fees and disbursements) suffered or incurred by the Company as a result of the Customer’s use of the Website or the Service.

Governing Law

These Terms and Conditions are governed by Australian law and the courts of Australia shall have exclusive jurisdiction over any dispute relating to these Terms and Conditions.