TERMS AND CONDITIONS OF TRADE
1. Definitions
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Means additional services are:
- Discovered by Royce and communicated to the Customer after services have commenced;
and/or
- Requested by the Customer after services have commenced and/or completed.
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Means the person, firm, organisation, partnership, corporation or other entity (including a trust) engaging Royce for services.
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Means all amounts which are or may become payable by the Customer to Royce under these Terms.
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Means Makenmoney Pty Ltd ACN 107 728 718 as trustee for the Ernst Family Trust trading as
Royce Auto Electrical and Air Conditioning ABN 51 933 657 856, its successors and/or assigns.
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Means the scope of work to be provided by Royce with due care and skill and fit for purpose to the Customer.
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Means the amounts payable charged at an hourly rate by the Customer to Royce.
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Means all parts, accessories, attachments, manuals, instructions, replacement and substitute items supplied by Royce to the Customer.
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Means the amounts payable by the Customer to Royce for Stock/Components.
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Means the cost of travel payable charged at a rate per kilometre by the Customer to Royce which is calculated for each trip required from Royce’s depot to location of services and return
2. Acceptance of Terms
2.1 These Terms apply to all Services provided by Royce to the Customer.
2.2 No variation, modification or alteration of any of these Terms is effective unless it is in writing and signed by Royce.
2.3 Royce can change any of these Terms on the giving of 14 days prior notice (or any longer period required by law).
3. Payment and Charges
3.1 The Customer agrees to pay the following:
(a) Service Charges and Stock/Component Charges;
(b) Travel Charges;
(c) Additional Service Charges;
(d) Other Charges;
(e) interest on any overdue invoices at the rate of 5% percent per month which will compound monthly;
(f) the costs of services to rectify any damage to stock/components caused by, or deemed to be caused by, the Customer;
(g) the costs of replacement of any damaged stock/components caused by, or deemed to be caused by, the Customer;
(h) any costs, including but not limited to legal costs on a full indemnity basis, incurred by Royce due to the Customer not
complying with its obligations under these Terms.
3.2 Royce will issue the Customer a Tax Invoice in a timely manner after the completion of the Services.
3.3 All tax invoices and demand for Other Charges must be paid within the time stated on the Tax Invoice unless otherwise agreed in
writing by Royce.
3.4 A late payment fee will be added to outstanding monies for each 7 days the tax invoice remains outstanding after the payment
date.
3.5 Payment can be made by cash, credit card or direct deposit.
4. Risk
4.1 The Customer will assume all risks and liabilities for and in respect of the Services and Stock/Components and for all injuries to or
deaths of persons and any damage to property howsoever arising from the Customer’s possession, use, maintenance or repair of
the Services and Stock/Components.
5. Defects and/or Damage
5.1 The Customer must notify Royce of any alleged defect in the Services or defect or damage to the Stock/Components within 48
hours of the Customer being aware of such alleged defect or damage.
5.2 Royce is entitled to inspect the Services and Stock/Components within a reasonable time following notification referred to in
clause 5.1.
5.3 Unless otherwise agreed, Royce will rectify defective services within 24 months of completion of services and liability for defective
services is limited to the invoiced amount.
5.4 Defective Stock/Components are subject to the Manufacturer’s warranties. Unless otherwise agreed, if Royce determines there is
a defect in the Stock/Components, the Customer agrees:
(a) that Royce will make the claim under the Manufacturer’s warranty on behalf of the Customer; and
(b) if the Manufacturer’s assessment determines the claim does not fall within the Manufacturer’s warranty terms, the Customer
must pay for all Additional Services and replacement Stock/Components to rectify the defective Stock/Components.
5.5 The Customer must not modify, repair or make any attempt to modify or repair nor engage any third party to modify or repair or
attempt to modify or repair the Services and/or Stock/Components.
5.6 The Customer will be responsible for any costs, loss and/or damage to the Services and/or Stock/Components if such costs, loss
and/or damage is caused by the Customer.
5.7 If the Customer fails to comply with the provisions of this clause 5, the Services and Stock/Components are deemed to be free
from any defect or damage and Royce will not be liable in any respect whatsoever.
6. Warranties, Indemnity and Liability
6.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the Services and
Stock/Components which cannot be excluded.
6.2 To the extent permitted by law, any guarantee under the Australian Consumer Law is limited to the replacement or repair of the
Services and Stock/Components.
6.3 To the extent permitted by law, Royce disclaims all liability for and does not give any warranties to the Customer in respect of the
condition of the Stock/Components or its fitness for any particular purpose.
6.4 The Customer warrants that it will comply with its obligations under these Terms.
6.5 To the full extent permitted by law, the Customer releases, discharges and indemnifies Royce from all actions, claims or demands
of any kind whatsoever relating to the use or misuse of the Services and Stock/Components on completion of the Services.
7. Default
7.1 If the Customer breaches these Terms and does not remedy that breach within a reasonable time or becomes bankrupt, insolvent
or ceases business then Royce can:
(a) terminate all Services to be provided to the Customer (whether such services are completed, partially completed or not yet
commenced); and/or
(b) sue for recovery of all monies owing by the Customer.
7.2 The Customer indemnifies Royce in respect of any damages, costs or loss, to the extent caused or contributed to by the
Customer as a result of the breach by the Customer of these Terms.
8. General
8.1 No provision of these Terms merges after completion or termination.
8.2 These terms contain the entire agreement between the parties with respect to their subject matter.
8.3 The failure of a party at any time to require performance of any obligation under or in connection with these Terms is not a waiver
of that party’s right to claim damages for breach of that obligation and at any other time to require performance of that or any other
obligations under the Terms, unless written notice is given to that effect.
8.4 No waiver of any right under these Terms is effective unless it is in writing and signed by the party giving it.
8.5 If any provision of these Terms is void, voidable, invalid, unenforceable or illegal, then that provision will be read down, modified or
omitted to the extent necessary to prevent it being void, voidable, invalid, unenforceable or illegal, and the remainder of this
Agreement will remain in full force and effect.
8.6 The law of Queensland governs this Agreement. The parties submit to the jurisdiction of the courts of Queensland and the
Federal Court of Australia exercising jurisdiction with respect to matters concerning these Terms.