Terms of Trade

Some features of the terms and conditions include that the Supplier may ask for advance payment of the estimated price of goods that are specially purchased for the service in full, or for part of the estimated price where services have a high cost (in excess of $1,000.00) or a labour component of 5 or more hours. The price paid may also vary from the estimated price in accordance with the terms and conditions, including due to the exchange rate on the date of purchase (if applicable). Where notice is provided that a vehicle is ready to collect, and the vehicle is not collected within 5 days, the Supplier may charge $50.00 per day to store the vehicle.

The above brief summary of some features of the terms and conditions does not form part of or replace the terms and conditions below under the heading “Operative terms and conditions” and the Supplier recommends the below terms and conditions are read in full.

Operative Terms and Conditions

Definitions and interpretation

Australian Consumer Law means the Australian Consumer Law provided in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Claim means any claims including actions, complaints, debts, demands, dues, proceedings, suits or other legal recourse (whether in contract or tort (including negligence), at law or in equity) and including any causes of action or rights to bring or make any such claim.

Consequential Loss includes (i) any loss of income, revenue, profit or business; (ii) any loss of good will or reputation; (iii) any loss of value of intellectual property; (iv) lost opportunity costs; (v) special or indirect loss or damage; (vi) legal costs and expenses.

Customer means the person or entity placing the Order or any person or entity who purchases the Goods and/or Service from the Supplier.

Customer Supplied Parts means any parts or products sourced and/or supplied by a Customer which the Supplier uses in providing services to that Customer.

Estimated Price means the estimated price for the Goods and/or Services to be supplied by the Supplier before the Goods and/or Services are supplied in full.

Goods means the vehicle products and/or components and/or accessories supplied or to be supplied by the Supplier.

Invoice means any invoice for or relating to the Goods and/or Services.

Loss  means any loss, damage, debt, deficiency, diminution in value, charge, cost, expense, fine, outgoing, penalty or other liability of any kind or character (including legal fees, other professional fees, debt recovery fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all amounts paid in settlement for any claim, complaint, demand, proceeding, litigation, action, or other legal recourse whether under statute, contract, tort or otherwise, but does not include Consequential Loss unless otherwise specified in these Terms.

Order means any offer by the Customer to purchase Goods and/or Services from the Supplier, whether written or verbal (includes telephone and online orders).

Purchase Price means the amount listed on the Invoice(s) for Goods and/or Services, as varied in accordance with clause 4.4.

Quote means any written or verbal quote estimating the Services, labour costs, Goods and/or materials.

Services means the services, including labour, in connection with a vehicle supplied or to be supplied by the Supplier.

Special Buy-In Orders means Goods which are not stocked by the Supplier and require the Supplier to purchase these Goods from a third party.

Supplier means Accelerate Automotive Pty Ltd ABN 62 169 650 953.

Terms means these terms and conditions.

1. General
   • 1.1 The Customer accepts these Terms on receiving the Quote, on placing an Order or signing the Terms (whichever is the earlier).
   • 1.2 These Terms apply to all transactions between the Customer and Supplier relating to the provision of Goods and/or Services, this includes all Quotes, Orders and variations. These Terms take precedence over terms and conditions contained in any document of the Customer or elsewhere.
   • 1.3 These Terms do not apply to a customer of the Supplier who holds a trading account, other terms and conditions are in place for trade account holders.
2. Quote/Estimate
   • 2.1 The Customer agrees that any labour costs, material and other costs, and any timeframe provided in the Quote is an estimate only.
   • 2.2 The Supplier may amend the details of the Quote verbally or in writing, including by SMS or other electronic messaging system, and such amended details supersede prior details in the Quote or dealings between the parties.
   • 2.3 The Quote is valid for 30 days from its original issue and is subject to the availability of, and changes to the cost of, materials.
3. Order
   • 3.1 The Supplier may accept or reject any Order in its absolute discretion, and if the Order is rejected by the Supplier (Rejected Order), then the Rejected Order will form part of these Terms only to the extent that the Supplier may reject the Order in its absolute discretion.
   • 3.2 An Order is accepted when the Customer receives written or verbal acceptance from the Supplier or receives delivery of the Goods and/or Services, whichever occurs first.
   • 3.3 Unless specified by the Customer to the contrary in the Order, the Customer authorises the Supplier to order the Goods necessary to provide the Services Ordered by the Customer.
4. Invoicing and payment
   • 4.1 Subject to any payments made to the Supplier by the Customer in accordance with clause 4.3, the Customer must pay to the Supplier the Purchase Price listed on the Invoice on delivery of the Goods and/or Services. Payment Terms are provided in the Invoice and include cash and card, including AMEX.
   • 4.2 Despite clause 4.1, or anything to the contrary in these Terms, the Customer must pay to the Supplier, on receipt of the Invoice (or as otherwise specified in the Invoice) any of the following:
     • (a) payment of 10% of the Estimated Price for Services which require 5 or more hours of labour; and/or
     • (b) an interim Invoice:
       • (i) for the payment of a Special Buy-In Order which the Supplier may issue at any time after the Order is placed by the Customer for payment in full for the Special Buy-In Order; and/or
       • (ii) if the Estimated Price for Goods and/or Services exceeds $1,000, for payment of up to half the Estimated Price which the Supplier may issue at any time after the Order is placed by the Customer.
   • 4.3 The Supplier reserves the right to vary the Purchase Price and make an additional charge where further costs are incurred by the Supplier in the event of a variation to the Order for Goods and/or Services (including any Special Buy-In Order), including where the Supplier incurs further costs, including in the following circumstances:
     • (a) any variation to the Order for Goods and/or Services (including any Special Buy-In Orders);
     • (b) the Customer providing inadequate, late or incorrect information or materials in relation to the vehicle and/or Customer Supplied Parts, or changing instructions in respect of Goods and/or Services;
     • (c) the Supplier agreeing to provide additional Goods not included in the Order or Quote, including alterations to the Goods to be supplied or additional Goods due to the Customer's request for additional Services;
     • (d) the Supplier agreeing to provide additional Services not included or specifically excluded in the Order or Quote, including additional or altered Services or visits to or by the Customer with the Supplier;
     • (e) the Customer authorises, whether verbally or in writing, any additional Services and/or Goods, or changes to the Services and/or Goods to be supplied; and
     • (f) if the Customer cancels a Service and/or Good, any Loss resulting from the cancellation that is incurred by the Supplier, and notice will be provided verbally or in writing by the Supplier within a reasonable time.
   • 4.4 The Customer agrees that any price set out in a Quote or Estimated Price, or otherwise provided by the Supplier to the Customer (e.g. in an estimate for a Special Buy-In Order), may change due to an exchange rate adjustment on the date the Supplier purchases the Good (Adjusted Price), and the Customer must pay the Adjusted Price.
   • 4.5 All representations made in the Invoice are made on the basis that errors and omissions are excepted.
   • 4.6 Unless the Supplier otherwise notifies the Customer in writing, the price charged for the Goods and/or Services is exclusive of any goods and services tax, sales tax, excise, duty and/or any identified or new taxes that come into existence after the effective date of these Terms. Where any goods and services tax, sales tax, excise, duty and/or any identified or new taxes apply to any supply made under these Terms, the Supplier may recover from the Customer an additional amount on account of those taxes and the Supplier will deliver to the Customer a compliant Invoice.
   • 4.7 Unless agreed in writing by the Supplier, the Customer must not withhold payment of the Purchase Price due to a dispute or any other query arising in respect of the Order, the Purchase Price or any other matter connected with these Terms.
   • 4.8 The Supplier may, in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
5. Failure to Pay, Storage and Lien
   • 5.1 The Customer is to pay the Supplier on demand interest at the rate of 15% per annum on all overdue amounts owed by it to the Supplier, calculated daily.
   • 5.2 All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees, interest, storage charges and internal costs and expenses of the Supplier, are to be paid by the Customer as a debt due and payable under these terms.
   • 5.3 If the Supplier provides a final Invoice and/or notice the vehicle is ready for collection by the Customer and the Customer fails to collect the vehicle within 5 days (excluding days on which the Supplier is not open for business), then, regardless of whether the Purchase Price is paid or not, the Supplier may charge the Customer $50.00 excluding GST per day (or part thereof) to store the Customer's vehicle until the vehicle is collected.
   • 5.4 In addition to any lien existing at common law, the Supplier will exercise a lien on the Customer’s vehicle until the Customer has paid all amounts owing by the Customer to the Supplier, and the Customer agrees to such a lien.
   • 5.5 The Supplier may withhold the provision of any further Goods and/or Services until the Customer has paid all amounts owing by it to the Supplier.
6. Uncollected Goods
   • 6.1 The Customer acknowledges that it has read and understood, or has notice by way of these Terms and understands, the Supplier‘s sign in store which states: The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection.
7. Title and Risk
   • 7.1 Legal and equitable title to the Goods will remain with the Supplier and will not pass to the Customer until such time as full payment in cleared funds is made to the Supplier for the Goods and for any and all monies owed by the Customer to the Supplier in respect of the Goods and related Services.
   • 7.2 Risk in the Goods passes to the Customer on the Customer making payment as specified in clause 4.1 or clause 4.3 (as applicable), or on the Customer collecting the Goods, whichever is the earlier.
8. Supply of Goods and Customer Supplied Parts
   • 8.1 Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Goods at specific times requested by the Customer.
   • 8.2 If the Customer cancels an Order that is a Special Buy-In Order, and the Supplier is unable to cancel the order for the Special Buy-In Order with the third party or suffers Loss in doing so, the Customer will be liable for the price of the Special Buy-In Order (if unable to be cancelled), and/or costs connected with the purchase for the Special Buy-In Order and any Loss incurred by the Supplier.
   • 8.3 The Customer acknowledges and agrees that the Supplier may, in its absolute discretion, refuse to fit any goods supplied by the Customer including parts or products sourced and/or supplied by the Customer and for use by the Supplier in providing Services.
   • 8.4 If the Supplier agrees to fit the Customer Supplied Parts, the Customer warrants that any Customer Supplied Parts are free from any pre-existing defects or faults and are suitable for the supply of Services and the Customer acknowledges and agrees:
     • (a) the Supplier is not the supplier of the Customer Supplied Part for the purpose of the Australian Consumer Law and if the Supplier offers a warranty, then the warranty does not apply to the Customer Supplied Parts;
     • (b) fitment of the Customer Supplied Parts is conditional on the Customer entering into a separate deed regarding supply and fitment of Customer Supply Parts, unless the Supplier waives such condition in the Supplier’s absolute discretion;
     • (c) if the Customer Supplied Part is being delivered to the Supplier’s premises, or needs to be returned to the supplier of the Customer Supplied Part, the Customer must arrange such delivery and is liable for all transport charges, insurance, damage to the Customer Supplied Part and damage to the Supplier’s property in connection with such delivery;
     • (d) the Customer must undertake their own due diligence in relation to the suitability of any Customer Supplied Part for the intended purpose of the Customer Supplied Part; and
     • (e) to the extent permitted by law, the Customer indemnifies the Supplier from and against all existing and future Claims of whatsoever nature, wherever and however arising, known or unknown and by any third party which arises out of or in connection with the Customer Supplied Parts.
   • 8.5 Except as required by law, the Supplier will be under no obligation to accept Goods returned for any reason.
   • 8.6 Without limiting any rights that may be available under the Australian Consumer Law that are not lawfully excluded under these Terms, if the Customer is seeking to make a claim pursuant to a third party manufacturer warranty, the Good may be sent back to the manufacturer for inspection and the remedy in relation to that claim will depend on the decision of the third party manufacturer.
9. Supply of Services
   • 9.1 Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Services at specific times requested by the Customer.
   • 9.2 The Supplier may, in its absolute discretion, cancel or postpone appointments in relation to Services if it is reasonable for the Supplier to do so, or it is in the Supplier’s legitimate business interests to cancel or postpone the appointment (for example, due to non-delivery of a required part, unavailability of a part or labour shortage).
   • 9.3 If the Customer fails to attend any appointment without prior notice, the Customer may, at the discretion of the Supplier, be liable for any reasonable administrative costs incurred by the Supplier and the Supplier will provide to the Customer a compliant Invoice itemising the reasonable administrative costs.
   • 9.4 Subject to otherwise complying with its obligations under these Terms, the Customer agrees:
     • (a) the Supplier will exercise its independent discretion as to the most appropriate and effective manner of providing the Services and of satisfying the Customer’s expectations of those Services; and
     • (b) may at any time appoint or engage an agent to perform an obligation or right of the Supplier arising out of or pursuant to these Terms, a Quote or Order.
   • 9.5 The Customer authorises the Supplier and the Supplier’s employees, contractors and agents to test drive the vehicle and to test the vehicle (Vehicle Testing), and, to the extent permitted by law, the Supplier will not be liable to the Customer for any Loss which occurs to, or is caused by, except where such Loss arises from the negligence of the Supplier or the Supplier’s employees, contractors or agents.
10. Default
    • 10.1 The Customer will be in default if:
      • (a) the Customer breaches the Terms;
      • (b) payment for the Goods and/or Services has not been received by the Supplier in full by the due date for payment;
      • (c) the Customer becomes insolvent or unable to pay the Customer’s debts as and when they are due and payable;
      • (d) the Customer, being an individual, commits an act of bankruptcy or becomes an insolvent under administration, or the Customer, being a body corporate, becomes an externally-administered body corporate or any proceedings are filed or steps taken that may result in the Customer becoming an externally-administered body corporate.
    • 10.2 Without prejudice to any other rights of the Supplier, if the Customer defaults, the Supplier may do one or more of the following:
      • (a) without notice to the Customer, make all money owing by the Customer to the Supplier, immediately due and payable (including any costs incurred as a result of trying to recover the outstanding amount);
      • (b) treat the whole of these Terms as repudiated and sue for breach of contract;
      • (c) refuse to supply any further Goods and/or Services to the Customer.
11. Exclusions and Limitation of Liability
    • 11.1 To the extent permitted by law:
      • (a) all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the goods and/or services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded;
      • (b) the Customer will ensure it provides sufficient, correct and accurate information to the Supplier to execute the Order and, if the Customer fails to provide sufficient, correct and accurate information, the Supplier is not liable for costs and expenses incurred for any work to rectify and/or resupply Order; and
      • (c) the Supplier is not liable for Consequential Loss.
    • 11.2 Any limitation of liability in these Terms does not apply if it would restrict, modify or exclude the Customer’s rights in a way that is not permitted under Australian Consumer Law or any other applicable law.
12. Miscellaneous
    • 12.1 These Terms are governed by the laws of Queensland. The parties submit to the exclusive jurisdiction of the courts of Queensland.
    • 12.2 These Terms, including any Quotes and Orders as varied in accordance with these Terms, represent the entire agreement between the parties.
    • 12.3 The Customer warrants that it has not relied on any warranty, representation or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the subject matter of these Terms except those expressly set out in these Terms.
    • 12.4 If any provision of these terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
    • 12.5 The Supplier may vary these Terms at any time, in which event, the Terms on the Supplier’s website will apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and/or variations.
    • 12.6 The Supplier has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms provided that the assignee agrees to assume any duties and obligations of the Supplier owed to the Customer under these terms.
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