Please read these terms carefully. By proceeding with the Services, you agree to the terms outlined herein. These terms and conditions apply to all dealings between Automotive Insight and the customer unless otherwise agreed in writing.
1. Definitions
1.1. “We”, “us” and “our” refer to GKP Enterprises (WA) Pty Ltd atf Paterson Family Trust ABN 48 941 659 228 t/as “Automotive Insight”.
1.2. “Contract” means any contract entered into between the Customer and us and includes a contract arising out of acceptance of a quote or estimate from us, and includes any terms set out in such quote or estimate.
1.3. “Customer”, “you” means the individual or entity requesting services from us.
1.4. “Materials” means parts, components, or goods supplied by us for the purpose of servicing or repairing the Vehicle.
1.5. “Terms and Conditions” means this document and the clauses set out herein.
1.6. Vehicle” means the vehicle or machinery owned by the Customer being serviced or repaired.
1.7. Work” means services performed by us, including repairs, diagnostics, and consultations.
2. General
2.1. By accepting a quote or estimate issued by us, the Customer consents to us providing the Customer’s name, contact details, and delivery address to third
parties (including our suppliers or delivery contractors) for the purpose of fulfilling and delivering the Customer’s order.
2.2. The parties agree that all figures stipulated in the Contract do not include GST unless otherwise stated.
3. Scope of Works & Supply of Materials
3.1. The Customer agrees and acknowledges that a quotation issued by us represents an estimate of the costs associated with us completing the Work.
3.2. In the event we anticipate the actual cost of the Work will exceed any previous estimates provided to the Customer, we will endeavour to notify the Customer of
the same prior to the performance of such Work or supply of such Material, if practicable and reasonable to do so.
3.3. 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 authorised.
3.4. Unless otherwise agreed, we will complete the Work in a reasonable time. Regardless whether a time for completion is given by us, we will not be liable for any delay due to circumstances beyond our control.
3.5. In the event we discover issues requiring additional Work or Materials during servicing:
(a) we will notify the Customer of the required additional Work and Materials required;
(b) the Customer may opt to proceed with the additional Work and Materials or cancel these Terms and Conditions, provided that payment for Work and Materials supplied up to the date of notification, and for any Work or Materials necessary to return the Vehicle to the Customer is made.
3.6. Refurbished Materials may be utilised for repairs.
3.7. The repair of a Vehicle may result in the loss of user-generated data. Customers are responsible for backing up any data related to the Vehicle or its components.
4. Timeframe for Completion
4.1. We shall endeavour to complete the Work within the estimated timeframe provided to the Customer.
4.2. To the greatest extent permitted by law, we shall not be liable to the Customer for delays in completing the Work.
5. Diagnostics Work
5.1. Customer must pay for diagnostic work, including dismantling and reassembly, regardless whether repairs are subsequently undertaken, whether due to inability to repair or Customer change of mind.
5.2. Completion of diagnostics does not guarantee that repairs can or will be attended to.
6. Right to Refuse Work
6.1. We reserve the right to refuse work without providing any reason.
7. Department of Transport Inspections
7.1. Department of Transport Inspections must be paid for up-front. Inspections pass or fail on the spot.
7.2. We may discuss post-inspection repairs with you but are not obligated to undertake any such repairs.
8. Deposit and Payment Plans
8.1. Estimates may require an upfront deposit. Significant works may require payment in instalments. If an instalment is not received within 48 hours of request, Work may be suspended until payment is made.
9. Payment
9.1. The Customer must pay all monies owed to us as invoiced to the Customer in accordance with the payment terms set out in the Contract or, if not provided in the Contract, by the earlier of: (a) within 14 days of invoice; or (b) collection of the Vehicle.
9.2. Where payment is overdue, we may withhold further Work or Materials, and any Vehicle will not be released to the Customer until all monies owed to us have been paid in full.
9.3. If Materials are not in stock at the time of the Contract, the quoted price may increase in proportion to our cost.
9.4. Payment must be made by EFTPOS, cash, or credit card; cheques will not be accepted. A surcharge will apply for credit card transactions as displayed on the credit card machine at time of payment.
9.5. Acceptance of payment via bank transfer/Osko payment is at our absolute discretion, to be exercised only by management personnel. In such case, vehicle will only be released when funds have cleared in our account.
9.6. Overdue payments will incur interest at 15% per annum and a $25 admin fee for each reminder sent.
9.7. Estimates are not quotes; they may change based on additional labour or Materials required.
9.8. If you have a trading account with us then the following additional terms and conditions apply:
(a) you grant us a charge over all present and after-acquired personal property as security for monies owed; and
(b) all of our invoices must be paid within 14 days unless otherwise agreed or stipulated.
10. Retention of Ownership
10.1. Ownership of Materials remains with us until all obligations under the Contract are fulfilled by the Customer.
10.2. If the Customer obtains possession before ownership transfers, they will hold Materials as a bailee for us and return them upon request. We are not liable for any damages incurred while reclaiming Materials.
11. Lien and security
11.1. We are entitled to a common law lien over the Vehicle (including all its equipment accessories and contents) until all payments are made.
11.2. Additionally, the Customer grants us a charge over the Vehicle as security for all monies owed to us and appoints us as the Customer’s lawful attorney for the purpose of selling the Vehicle in the event of default.
11.3. This security extends to all future monies owed by the Customer and will not be extinguished if the Customer temporarily regains possession.
12. Personal Property Securities Act
12.1. The Customer agrees that we may register on the Personal Property Securities Register any security arising under the Contract or these Terms and Conditions. The Customer waives its right to the service of notices pursuant to sections 95, 118, 121, 130, 132 and 135 of the Personal Property Securities Act.
13. Collection & Storage Fees
13.1. We shall notify the Customer by telephone and/or email when vehicles/parts are available for collection
13.2. The Customer agrees to collect goods from us within 7 days from the date notice is provided by us that the goods are available for collection.
13.3. We may, in our absolute discretion charge the Customer a storage fee of $30 per day for each day the goods remain with us beyond this timeframe.
13.4. We may return the Vehicle to the Customer’s last known address, with all risk in the Vehicle and Materials transferring to the Customer upon delivery.
13.5. Alternatively, we may sell a Vehicle or Materials not collected within 30 days and apply any deposit paid by the Customer against any unpaid monies.
14. Enforcement Expenses
14.1. The Customer will reimburse us for all costs related to recovering overdue accounts, including legal fees on an indemnity basis.
15. Recording Devices
15.1. The Customer agrees to remove any dash cameras or other recording devices from the vehicle prior to delivery to us. Any such devices found will be removed, stored, and returned to the Customer upon return of the vehicle. Any in-built device will be deactivated where possible. Although we will take all reasonable care in such removal, storage and return, we accept no liability for any damage occurring to such device. Footage recorded by any such device may not, without our consent:
(a) be used for any purpose, including as evidence in any legal proceedings; or
(b) be made publicly available, including by upload to social media, and must be removed and/or deleted at our request.
15.2. The Customer agrees that our rights in this regard may be enforced by specific performance or injunction proceedings, as monetary damages might not be sufficient relief, with the Customer to pay our costs on an indemnity basis in addition to damages for any losses suffered by us as a result of any breach of this clause.
16. Warranties
16.1. We will comply with all mandatory guarantee and warranty obligations required by the Australian Consumer Law.
16.2. The Customer must provide us with an opportunity to rectify any defective works.
16.3. We will commence necessary rectification works within 28 days of Vehicle being returned to us and complete such works within a reasonable period.
17. Limitation of Liability
17.1. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the quality or performance of Work or Materials.
17.2. To the fullest extent permitted by law, our liability is limited to, at our option:
(a) re-provision of Work or replacement Materials;
(b) repair of defective Work or Materials; or
(c) refund of monies paid by the Customer for defective Work or Materials.
17.3. We are not liable for consequential damages resulting from any defective Work or Materials.
18. Termination of Agreement
18.1. We may terminate the Customer’s Contract for any reason, in which case we are entitled to charge for Work and Materials supplied up to that point.
19. Dispute Resolution
19.1. In the event of any dispute, neither party may initiate Court proceedings (save for recovery of unpaid moneys under the Contract) without first sending a Notice of Dispute to the other party. Only if the parties cannot resolve their dispute by agreement within 14 days after delivery of the Notice of Dispute may the sender of the Notice of Dispute commence Court proceedings.
20. Force Majeure
20.1. If the supply of our Work or Materials 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, significant increase in costs or any other cause beyond our reasonable control, we may, in our absolute discretion give prompt notice of that cause to the Customer. On delivery of such notice we are excused from supplying further Work or Materials and entitled to charge for the Work and Materials supply up to that point.
21. Governing Law
21.1. These Terms and Conditions are governed by the laws of Western Australia.
22. Waiver
22.1. Our failure to enforce any of these Terms and Conditions shall not be construed as a waiver of any of our rights.
23. Miscellaneous Provisions
23.1. Notices may be served personally, by post, by email or by SMS.
23.2. If any part of the Contract or these Terms and Conditions are void, the remainder remains effective.
23.3. If the Customer comprises multiple parties, each is jointly and severally liable.
23.4. The Customer authorises us to conduct credit inquiries.