SERVICE TERMS AND CONDITIONS
1. The Customer requests Goeverywhere 4X4 Pty Ltd ACN 628 441 510 (Go 4×4) to carry out the Services in respect of the Vehicle. These terms and conditions and the Repair Order/Job Card together constitute the entire legal contract between the Customer and Go 4×4 for the performance of the Services (Agreement). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Go 4×4 and the Customer, these terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.
2. In this Agreement:
Lien means a right granted to Go 4×4 by the Customer to hold the Vehicle as security until the Customer pays for the Services performed by Go 4×4;
Customer means the person, firm or company as contained in the Internal Job Card;
Services means the works to the Vehicle, procedures, repairs and other services as described on the Internal Job Card including, but not limited to, the supply and fitting of all parts and the provision or use of all materials) and any further such works as required under these terms and conditions.
Internal Job Card means the order titled “Internal Job Card”, which sets out the Services to be performed on the Vehicle; and
Vehicle means the motor vehicle and/or the engine as described on the Internal Job Card;
3. The Customer warrants that the Customer is the owner of the Vehicle or the owner’s authorised agent for the purposes of delivering the Vehicle to GO 4X4, ordering the Services and, on the owner’s behalf, entering into this Agreement, and agrees to provide on demand all reasonable identification and proof of ownership or authority in respect of the Vehicle. GO 4X4’s obligations under these terms and conditions are subject to the Customer complying
with this clause 4.
4. The Customer agrees to pay the amount quoted in the Internal Job Card for the Services plus GST and any applicable charges. The Customer acknowledges that cheques will not be accepted as payment by GO 4X4 unless GO 4X4 has agreed otherwise in writing.
5. The Customer warrants that the Customer is entitled to grant a lien and grants a lien over the Vehicle, including all its equipment, accessories and contents to secure the payment of all charges arising out of the Services or these terms and conditions, including storage charges.
6. GO 4X4 may be required to carry out any further services found by it to be necessary in the course of carrying out the Services and to supply all additional necessary parts and materials. In such instance, GO 4X4 will contact the Customer to advise the Customer of the requirement of these further services, an estimated cost of the further Services and request the Customer’s
consent to perform the further services. If the Customer consents to the further services being performed, GO 4X4 will perform those services and they will be governed by these terms and conditions.
7. The Customer agrees to pay for the Services prior to re-delivery of the repaired Vehicle to the Customer unless GO 4X4 has previously agreed in writing to some other arrangement.
8. If the Customer takes possession of the Vehicle before the Services are completed by GO 4X4:
8.1. the Customer agrees to pay GO 4X4 all charges relevant to the services provided (whether completed or not) and parts and materials supplied to that date; and
8.2. the Customer acknowledges that its rights in respect of the Services under the Non- Excludable Guarantees (as defined in clause 13) may be affected as a result of the Services not being completed.
9. The Customer agrees that GO 4X4, its employees, agents or contractors may test drive or carry out tests of the Vehicle at GO 4X4’s discretion and may, if requested by the Customer, collect or re-deliver the Vehicle to a location or locations nominated by the Customer.
10. If the Customer has insurance or other contractual arrangements for the payment of charges due under these terms and conditions, this will not affect the Customer’s personal obligation to pay all charges due under these terms and conditions, save that the sum the Customer is obliged to pay will be reduced to the extent that payments are made to GO 4X4 from other such sources.
11. The Customer acknowledges that it has taken all necessary steps to ensure that no loose items are able to damage the property contained in or on the Vehicle such as windscreens or any other part of the Customer’s equipment when raising and lowering a vehicle cabin, and the Customer accepts responsibility for any damages that may occur in this way.
12. GO 4X4 will complete the Services within a reasonable time of the later of receiving the Vehicle and/or the Customer providing its consent to any Services. If an estimated time for completion is given, GO 4X4 will not be liable for any failure to complete the Services on or before the estimated time for completion where that failure is wholly or partly due to any cause, event, or circumstance outside its reasonable control.
13. Except to the extent prohibited by law, including the Non-Excludable Guarantees (as defined in clause 16), all warranties with respect to the parts and Services, other than those provided by GO 4X4 under this clause 13, are hereby excluded. GO 4X4 provides the following warranties:
13.1. In the case of Services which comprise the supply of labour and parts:
13.1.1. The parts are subject only to the then applicable manufacturer’s written warranty (if any); and
13.1.2. The labour component is warranted by GO 4X4 to be free from defects for the same duration and subject to the same terms and conditions as the then applicable manufacturer’s written warranty applying to the parts (if
13.2. In the case of Services performed on GO 4X4’s behalf by a subcontractor, those Services are subject only to the then applicable subcontractor’s warranty (if any).
13.3. In case of Services which comprise the supply of labour only, the Services are warranted to be free from defects for a period of 3 months from the date of completion of the Services.
14. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law,
Schedule 2 to the Competition and Consumer Law Act 2010 (Cth), as well as any other implied warranties similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, GO 4X4 is not liable for any other loss or damage other than loss or damage arising directly as a result of GO 4X4’s breach of these terms and conditions. For the sake of clarity, GO 4X4 is not liable for indirect, special or consequential loss or damage (including but
not limited to loss of goodwill, loss of profit, loss of revenue, loss of expected savings, opportunity costs, loss of business, loss of reputation and business interruption) whether arising in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to these terms and conditions.
15. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, GO 4X4’s liability in respect of any defect in the Services shall be limited to, at its election, the repair or replacement of any parts supplied to, or the payment of the reasonable cost of those parts; or the re-supply of any services performed for the Customer, or the reasonable cost of having the Services supplied again.
16. The Customer agrees to pay GO 4X4’s reasonable storage charges if the Customer does not collect the Vehicle within two days after notification to the Customer that the Services have been completed.
The Customer authorises GO 4X4 to hold and use the information the Customer provides to it, in any document including without limitation the Customer’s application for credit with GO 4X4 and during the term of this Agreement, to:
17.1. manage the Customer’s account with GO 4X4, including to send the Customer statements and invoices and for collection purposes;
17.2. obtain credit information about the Customer from credit referees and credit reference agencies and to disclose credit information to credit reference agencies or other persons seeking credit references. The credit information is collected to assist GO 4X4 to ascertain the Customer’s credit status;
17.3. provide the Customer with information about GO 4X4 products and any special offers GO 4X4 believe may be of interest to the Customer;
17.4. transfer Customer information to related or associated companies and other entities
that assist GO 4X4 to provide Customers with good and services, including to
17.5. conduct customer and market research to improve the quality of GO 4X4’s products and services.
18. This Agreement is governed by the laws of South Australia.
19. Where any clause of this Agreement is void, unenforceable, or illegal, that provision is to be read down to the extent necessary to ensure that it is not void.