“Cruisin Automotive”
These terms and conditions apply to all dealings between Cruisin Automotive Pty Ltd (“the Company”) and the customer (“Customer”) unless the Company otherwise agrees in writing.
1. General
1.1 These Terms and Conditions bind the Customer, its successors and assignors and is for the benefit of the Company and its successors and assignors.
1.2 The Customer shall not transfer, assign, charge, or otherwise dispose of the Customer’s rights or liabilities under these Terms and Conditions, or any of the Customer’s rights or obligations arising under it, without the prior written consent of the Company.
1.3 The Company may transfer, assign, charge, sub-contract or otherwise dispose of any of the Company’s rights or obligations arising under these Terms and Conditions, at any time without the Customer’s prior consent.
1.4 The Company may, from time-to-time request certain information from the Customer regarding previous works on vehicles. The Customer warrants as to the correctness of such information and any other information which it has furnished to the Company and acknowledges that the Company has relied upon this information. The Company shall not be liable for incorrect information supplied by the Customer.
1.5 By placing an order with the Company, the Customer consents to the Company providing the Customer’s name, contact details, and delivery address to third parties (including the Company’s suppliers or delivery contractors) for the purpose of fulfilling and delivering the Customer’s order.
1.6 The parties agree that the Purchase Price does not include GST unless otherwise stated.
2. Scope of Works
2.1 The Customer authorises the Company to order on its behalf any parts or materials necessary to carry out the agreed works.
2.2 The Customer agrees to pay the Company’s hourly rate of $123 per hour plus GST in respect of all labour costs. (Subject to Change)
2.3 Unless otherwise agreed in writing, the Customer must pay to the Company the full cost of obtaining any such parts and materials.
2.4 In the event the Company is required to order parts or materials on behalf of the Customer which are not required as per the scope of works, the Company shall provide notice to the Customer prior to doing so and obtain the Customer’s approval either orally or in writing.
2.5 The Customer may in writing, orally or by an agent, authorise additional work to be performed or materials to be supplied. If additional work or materials are duly authorised, the Customer will be liable to pay for the additional work or materials the amount which is agreed at the time of authorisation.
2.6 At the request of the Customer, the Company may provide photos of the work completed throughout the performance of the works by the Company.
2.7 In the event the Company provides a quotation for requested works, the Customer agrees and acknowledges that a quotation represents an estimate of the costs associated with the Company completing the works.
2.8 If a quote is requested which requires the Company to carry out a car inspection outside of regular business hours, a charge of $100.00 per hour applies to cover time, travel costs and expertise.
2.9 The Customer authorises the Company to order on its behalf any parts or materials necessary to carry out the work. Unless otherwise agreed in writing, the Customer must pay to the Company the full cost of obtaining any such parts and materials (including any costs arising from currency fluctuations between the date the parts and materials were ordered and paid for).
3. Payment
3.1 The Customer must, unless otherwise agreed to between the parties, pay the purchase price in full prior to the provision, or delivery of the goods.
3.2 The Company may, in its absolute discretion request an upfront deposit of 50 per cent of the estimated scope of works.
3.3 It is the Customer’s responsibility to ensure that payment method details are valid and up to date and to ensure that sufficient funds are available at the time of payment processing.
3.4 The Company accepts Visa, MasterCard, American Express Cards and PayPal.
3.5 A 1.5 per cent surcharge applies to all Cards transactions.
3.6 The Customer shall pay the amount stated on invoices rendered by the Company within five (5) business days of the date of the invoice.
4. Collection
4.1 The Company shall notify the Customer by telephone and/or email when vehicles/parts are available for collection.
4.2 The Customer agrees to collect goods from the Company within 5 business days from the date notice is provided by the Company that the goods are available for collection.
4.3 The Company may, in its absolute discretion charge the Customer a storage fee of $30.00 per day for each day the goods remain with the Company beyond the timeframe provided in clause 4.2 above.
4.4 The Company may, unless otherwise agreed to in writing with the Customer sell goods not collected within thirty (30) days and apply any deposit paid by the Customer against any shortfall.
4.5 The Company may request proof of identity prior to releasing goods to Customers.
5. Shipping
5.1 Goods will only be shipped after full payment has been received by the Company.
5.2 The Company will arrange for postage to the Customer at the Customer’s request.
5.3 The Company will endeavour to arrange for the fastest reasonably possible delivery time but makes no representation that goods will be delivered by any particular date.
6. Passing of Risk
6.1 Goods supplied by the Company to the Customer shall be at the Customer’s risk immediately upon delivery to the Customer, into the Customer’s custody or at the Customer’s direction (whichever happens first). The Customer shall insure or shall instruct the Company to insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Company on the insurance policy.
6.2 Property in the goods supplied by the Company to the Customer under these Terms shall not pass to the Customer until those goods and other goods have been paid for in full.
6.3 The Customer irrevocably authorises the Company at any time to enter onto any premises upon which:
6.3(i) the Company’s goods are stored to enable the Company to inspect the goods and/or if the Customer has breached these Terms, reclaim the goods;
6.3(ii) the Customer’s records pertaining to the goods are held to inspect and copy such records.
7. Inspection and Acceptance
7.1 If the Customer is a consumer, nothing in these Terms and Conditions limits any remedy available pursuant to the ACL save as permitted under the ACL.
7.2 The Customer must inspect all goods upon delivery and within 48 hours of delivery give written notice with full details and description to the Company if the Customer alleges that the goods are not in accordance with the Customer’s order. Failing such notice, the goods shall be deemed to have been delivered to and accepted by the Customer.
7.3 When any non-compliance with the Customer’s order is accepted by the Company, the Company may, at its option, replace the goods, or refund the price of the goods.
8. Returns
8.1 Unless otherwise agreed, returns other than required pursuant to the Australian Consumer Law (“ACL”) must be approved by the Company. These authorised returns must be returned at the Customer’s expense and will only be accepted if they are in their original packaging and in a saleable condition. The Company reserves the right to charge a handling fee [equal to 20% of the price of the goods] for goods returned under this provision.
8.2 To the greatest extent permitted by law, the Company shall not be liable to the Customer for defective parts if another tradesperson or business has performed work on the Customer’s vehicle after the supply of the parts by the Company.
8.3 The Company reserves its right to examine any parts that the Customer alleges are defective prior to providing a repair or replacement.
8.4 To the greatest extent permitted by law, the Company’s ability in respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair (at the Company’s discretion) of defective parts free of charge.
9. Customer’s Cancellation
9.1 To the greatest extent permitted under law, the Customer shall have no right to terminate the Agreement or cancel an order which has been accepted by the Company unless otherwise agreed in writing. If a right of cancellation is granted to the Customer, such right of cancellation must be exercised in accordance with the relevant terms of cancellation and by notice in writing from the Customer to the Company not later than seven (7) days prior to the estimated date of shipment by the manufacturer to the Company or Customer.
9.2 Despite any cancellation request made by the Customer, the Company may, in its discretion, require the Customer to purchase the goods which were procured or ordered by the Company.
9.3 Unless otherwise agreed between the Company and the Customer, upon cancellation prior to shipment any deposit paid by the Customer shall be forfeited to the manufacturer or Company (as the case may be).
9.4 If the Company has incurred postage costs associated with a cancelled order, the Company may, in its absolute discretion charge the Customer those postage costs.
10. Company’s Cancellation
10.1 If the Company is unable to deliver the goods, then it may cancel the Customer’s order (even if it has been accepted) by written notice to the Customer and limits its liability to the Customer in that regard to the greatest extent permitted under law.
10.2 If the Customer commits a breach of its obligations under the Agreement, then the Company may, without prejudice to any other rights or remedies terminate the Agreement and seek damages for any loss suffered.
11. Payment Default
11.1 If the Customer defaults in payment by the due date of any amount payable to the Company, then all money which would become payable by the Customer to the Company at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and the Company may, without prejudice to any of its other accrued or contingent rights:
11.1(i) charge the Customer interest on any sum due at the prevailing rate of 15% per annum for the period from the due date until the date of payment in full;
11.1(ii) charge the Customer a storage fee with respect to goods remaining at the Company’s premises at a rate of $30.00 per day;
11.1(iii) charge the Customer for, and the Customer must indemnify the Company from, all costs and expenses (including without limitation debt collection costs and/or legal costs on an indemnity basis) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any goods;
11.1(iv) cease or suspend supply of any further goods or services to the Customer; and/or
11.1(v) by written notice to the Customer, terminate any uncompleted contract with the Customer.
11.2 Clause 11.1 may also be relied upon, in the Company’s discretion if:
11.2(i) where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
11.2(ii) where the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver, manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
12. Lien
12.1 The Customer hereby grants the Company a lien over the Customer’s motor vehicle (including all its equipment accessories and contents) to secure the due payment of all charges arising under this Agreement, including storage charges, interest charges and any additional charges.
13. Charge
13.1 The Customer and each of the Guarantors, if any, hereby jointly and severally charge all their right, title and interest in any land that they own currently or may acquire in the future solely or jointly or have or become to have a beneficial interest in, in favour of the Company, with due and punctual observance of all of the obligations of the Customer.
13.2 The Customer indemnifies the Company against all expenses and legal costs (on an indemnity basis) for preparing, lodging and removing any caveat.
13.3 The Customer and each of the Guarantors, if any, hereby acknowledge that the Company may at its discretion register and lodge an absolute caveat(s) on such property or properties in respect of the interest conferred on it under this Clause 13. Such registration of a caveat by the Company over the Customer’s property or properties must not be challenged by the Customer in any way whatsoever, and the Customer agrees not to take any steps in filing a “lapsing notice” via the Land Titles Office to have the caveat removed, until such time that the Customer has paid all monies owing by it to the Company as claimed from time to time.
14. Timeframe for Completion
14.1 The Company shall endeavour to complete the work within the estimated timeframe provided to the Customer.
14.2 To the greatest extent permitted by law, the Company shall not be liable to the Customer for delays in completing the works.
15. Currency
Where goods are imported into Australia, any adverse variation in the price arising from fluctuation in exchange rates between the date of the Customer’s order and the date of payment by the Company will be to the Customer’s account.
16. Warranties and Liability
16.1 The Company makes no express warranties under these Terms.
16.2 Except as these Terms and Conditions specifically state, or as contained in any express warranty provided in relation to the goods or services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
16.3 If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies against the Company for failure of a statutory guarantee under the ACL save as permitted under the ACL.
16.4 If the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Company’s liability to the Customer;
16.4(i) if the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Company’s liability to the Customer;
16.4(ii) otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of the Company’s liability to the Customer.
16.5 If sub clauses 16.3 and 16.4 of these Terms and Conditions do not apply, then other than as stated in the Terms and Conditions or any written warranty statement then, to the greatest extent permitted under law, the Company is not liable to the Customer in any way under or in connection with the sale, installation, use of, storage or any other dealing with the goods or services by the Customer or any third party.
16.6 To the greatest extent permitted under law the Company is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
16.6a Products are covered by Manufacturers Warranty from date of purchase.
16.7 The Customer acknowledges that vehicles stored at the commercial building address of Unit 2 and Unit 3, 308 Victoria Road, MALAGA in Western Australia are not covered by any insurance policies held by the Company.
16.8 The customer acknowledges that servants or agents of the Company may test drive or carry out tests of the Customer’s vehicle at the discretion of the Company.
16.9 To the greatest extent permitted by law, the Company shall not be liable to the Customer for any damage which occurs to or is caused by the motor vehicle during such driving or testing, unless it arises from the negligence of the Company’s or its servants or agents.
17. Force Majeure
If the Company’s performance or observance of any obligations is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the Company’s reasonable control, the Company may, in its absolute discretion give prompt notice of that cause to the Customer. On delivery of that notice the Company is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
18. Governing Terms and Conditions
These are the only Terms which are binding upon the Company with the exception of those otherwise agreed in writing by the Company or which are imposed by a statute and which cannot be excluded. Any direction by the Customer either verbal or written to procure goods or services from the Company will be deemed as acceptance by the Customer of these Terms, despite any provisions to the contrary in the direction or any purchase order issued by the Customer.
19. Governing Law
These Terms and Conditions shall be governed by the laws of Western Australia.
20. Waiver
The Company’s failure to enforce any of these Terms and Conditions shall not be construed as a waiver of any of the Company’s rights.
21. Cruisin Automotive Website
21.1 Depending on the particular circumstances, the Company (“We”) may collect and hold a range of different information about the Customer (“You”) for the purpose of the supply goods and services. This can include your name, date of birth, contact details (including address, email address, phone number or mobile telephone number) occupation, driver’s licence number and financial information (such as credit card or bank account numbers). This is not an exhaustive list.
21.2 We may collect your information in a number of ways, including:
21.2(i) directly from you (e.g. you provide information to us when you visit our premises or website, complete an application form/ agreement for one of our products, or contact us with a query);
21.2(ii) from third parties such as our related entities, business partners, credit reporting bodies, wholesale or other customers, or your representatives;
21.2(iii) from publicly available sources of information or when we are legally authorised or required to do so.
If you choose not to provide to us certain information about you, we may not be able to provide you with the products or services that you require.
21.3 The security of your personal information is important to us. when you enter sensitive information (such as credit card numbers) on our website, this information is encrypted using secure socket layer technology (ssl) by our respective service providers. When credit card details are collected, we simply pass them on to be processed as required. We never permanently store complete credit card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
21.4 We take reasonable steps to maintain the security of your information and to protect it from unauthorized disclosures. While we take these steps to maintain the security of your information, you should be aware of the many information security risks that exist today and take appropriate care to help safeguard your information.
21.5 We may incorrectly price a product on our website. If a price appearing on the website is showing in error, the actual price will be in the discretion of the Company notwithstanding that the Customer may have placed an order.
21.6 We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
21.7 Your access to or use of our Cruisin Automotive site does not constitute or create a licence or any other right to use our name, trade dress, trademarks, copyrights, or any other intellectual property.
21.8 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system. The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
21.9 The Linked Websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products, or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
If you have any questions, email us at info@cruisinautomotive.com
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.