1. General
These terms and conditions form part of the contract (“agreement”) between Burnzies Auto Electrical (in this agreement, "Burnzies Auto Electrical”, “we”, “ours” or “us”) and the Client (in this agreement, “you”, “yours” which includes the person, organisation, firm or body corporate (or their agent) who requests us to carry out works for it or on its behalf) that is formed when we agree to sell products or perform services to/for you. You acknowledge that these terms and conditions embody the whole agreement between you and us. You agree that the scope and terms (including prices and quotes) may change as a result of updated instructions from you. By offering to buy products and/or services from us you agree to be bound by this agreement.A reference to “products” in this agreement includes all parts or products fitted as part of services we provide to you or are sold to you, unless the context requires otherwise.
2. Pricing
Our prices and quotes generally do include GST unless stated otherwise. A quote or price is a guide only. The scope and pricing may change as a result of updated instructions from you. All parts or components not held in stock by us are subject to price and exchange rate variations at the time of payment.
3. Performance and Services (works)
The Client cannot withdraw a request for the works to be done or call for the Works to cease before completion unless we otherwise agree. In any event, should works cease before completion, we are entitled to terminate this agreement with immediate effect and any outstanding monies will become due and payable immediately, including those for costs incurred for works that formed part of the Service that have not yet commenced.
4. Payment
You agree to pay us in full for all services rendered and products supplied before removing your vehicle/plant/equipment and/or the products (as applicable) from our care, possession, control or premises, unless otherwise agreed. You further agree that payment of all amounts for work as agreed verbally or other means become due upon completion of the relevant work and must be paid on or before completion of the work, unless we have agreed otherwise (for example, by way of an invoiced 7 day period).Before making payment, you must inspect the works and be satisfied that the works have been carried out in a proper and satisfactory manner. By making payment, you accept that the works have been carried out in a proper and satisfactory manner and agree to all terms and conditions available on our website.In the event that there is an outstanding amount owed by you to us, costs including but not limited to administration fees and interest (at a rate equal to the benchmark rate quoted by National Australia Bank Limited from time to time plus 2% calculated on a daily basis from its due date for payment) may be incurred.Vehicles/plant/equipment or other goods upon which works have been carried out must be collected from our premises (if applicable) within the agreed time frame after the invoice date. If the vehicle/plant/equipment or goods are not collected within the agreed time frame, we may: (a) charge you for storage costs at $25.00 for each day or part thereof that the vehicle/plant/equipment or goods remains uncollected or (b) remove from the vehicle/plant/equipment any parts or components installed by us without notice to you, without prejudice to any other rights and remedies we have. To the extent allowed by law, in the event that you:a. become bankrupt
b. have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”) or c. any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed, this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.
5. Returns Policy (of product purchase only without service)
Our returns policy does not affect your rights under the Australian Consumer Law (if applicable to the transaction). This policy is provided in addition to your rights under the Australian Consumer Law. You may return a product for a refund or exchange within 7 days with proof of purchase, unless that product is: a special or specific order part a discontinued part not in resalable condition a product that has been fitted to a vehicle/plant/equipment or not in its original packaging (with manuals and documentation). We will not be liable for your freight or other costs in returning products unless otherwise agreed, or where you are entitled to such costs under the Australian Consumer Law.
6. Guarantee
Product / Service
Guarantee Period
Workmanship 3 months guarantee on the installation of certain parts or labour performed by us.
New Parts
Per the Part manufacturer’s warranty
We will repair or exchange (where possible) the product or service if it becomes defective within the guarantee period set out above. While we will bear the reasonable costs incurred in claiming the guarantee, we reserve the right to charge labour for re-installation of the new part and associated travel. This guarantee will not apply: to normal wear and tear, or where use or installation is affected by environmental causes (for example, dust) beyond that reasonably expected for the Part’s use or its installation. where goods come to the end of their natural service life to second-hand parts to maintenance items such as globes, unless the item is covered by manufacturer’s warrantee where the defect is a result of: alteration, accident, misuse, abuse or neglect unsafe or inappropriate driving or usage practices or where the product or services are subsequently repaired or modified by an unauthorised service agent.
7. Title
Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full and funds have cleared. Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).
8. Lien
You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle/plant/equipment and all goods in or attached to your vehicle/plant/equipment (“Lien”), to secure payment of any or all amounts outstanding from time to time. You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain or apply to seize your vehicle/plant/equipment and/or any goods in your vehicle/plant/equipment, if possible to do so, and serve notice on you requiring immediate payment of the amounts outstanding by you.
9. Abandonment
If any amounts outstanding have not been paid within three calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell your vehicle/plant/equipment and/or all goods in or attached to your vehicle/plant/equipment in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles/plant/equipment. In the event that we sell your vehicle/plant/equipment and/or goods, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and costs including but not limited to the costs of arranging and exercising the right of sale.
10. Liability
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us. We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle/plant/equipment, however such loss or damage was caused. To the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of us is to provide any part of the works or to repair or replace the parts (at our discretion) that are found to be defective during the Guarantee Period. We are not responsible for towing costs or other costs of moving any vehicle/plant/equipment or part to or from our premises whether before or after the works. You bear the cost of bringing any vehicle/plant/equipment to our premises for any work. We are not liable for any: (a) other claims or damages including, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the vehicle/plant/equipment or Parts and any indirect, special or consequential damages or injury to any person, corporation or other entity or (b) costs incurred in remedying defective work or replacing defective parts supplied by us unless we have been given the opportunity of remedying or replacing such work or parts or we have approved in writing such work being undertaken by a third party.In the event that your vehicle/plant/equipment is not registered, you agree to inform us that your vehicle/plant/equipment is not registered and should not be test driven by us. We will not be liable to you or any third party in respect of any claim for breaches of the relevant road traffic or other authority. You also warrant that prior to delivery of the vehicle/plant/equipment to us for testing and/or repair, whereby we may be required to move or operate the vehicle/plant/equipment, that there is a current insurance policy in place that shall remove us from liability for damage to it resulting from any Acts of God. Under these circumstances, we are not liable for any damage.
11. Customer Supplied Parts
If you supply parts (and not Burnzies Auto Electrical) we are not liable for the part under Australian Consumer Law. We may refuse to fit a customer supplied parts.
12. Sub-Contracting and Indemnity
We may sub-contract on any terms the whole or any part of the works and any and all acts or things that are in our opinion necessary or desirable to carry out and complete the works.
13. Liability of Employees, Agents, and Contractors
Every exemption from liability and every right, defence and immunity applicable to us is available to and extends to protect every employee or agent of us (including any independent contractor employed by us) acting in the course of or in connection with his employment or engagement.
14. Privacy
We will comply with all applicable privacy legislation, including the Privacy Act 1988 (Cth). Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes: our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services reminders that your vehicle/plant/equipment may be due for a service advising you of information which may be relevant to you, including store closures or openings and advising you of offers that we feel may be of interest to you. If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact Burnzies Auto Electrical Service.
15. General No variation of these Terms and Conditions is effective, even if we subsequently issue an invoice or carry out the works. Our failure to exercise any rights or remedies under these Terms and Conditions is not a waiver of those rights or remedies unless we give clear and express written notification of such waiver. No employee, agent or sub-contractor or other associated person of ours has authority to vary these Terms and Conditions.
