Terms and Conditions

1. Agreement: These terms and conditions (Terms) are between Autosmart Pty Ltd (ACN 680 734 383) (we, us or our) and you, the person booking or receiving the mechanic Services (you or your).

2. Acceptance: You accept these Terms by making a booking with us or by leaving your vehicle with us and instructing us to proceed with the Services.

3. Services: We agree to provide the Services to you on these terms and conditions. “Services” means car servicing, mechanical repairs and maintenance, and includes any parts reasonably required for us to provide the Services, as further set out on the job sheet we provide to you.

4. Bookings: You may book Services through our website, in person, or by contacting us. We reserve the right to decline any booking at our discretion.

5. Storage Fees: If you do not collect your vehicle at the date and time agreed between the parties when we have completed the Services (Collection Time), we will charge you a $5 storage fee for each day after the Collection Time that you do not collect your vehicle. You acknowledge and agree that this is a genuine pre-estimate of our losses arising from storing your vehicle after the Collection Time. 

6. Timing: If these Terms express a time within which the Services are to be provided, you agree that such time is an estimate only, and creates no obligation on us to provide the Services by that time

7. Payment: The Prices will be set out on our job sheet or advised in person when you drop-off your vehicle. You agree that it is an estimate only and it creates no obligation on us to provide the Services at that Price. Should additional work be found necessary during the course of providing the Services which would cause the estimate to be exceeded, before proceeding, we will contact you to explain the additional work required and to seek your authorisation for the additional costs to be incurred. Payment must be made in full at the Collection Time.

8. Security Interest: You agree that we hold a general lien over any vehicle the subject of our Services that are in your possession, for the satisfactory performance of your obligations under these Terms. You agree that if you do not pay any fees due under these Terms, we may continue to hold any vehicle the subject of our Services until you make full payment. 

9. Termination for breach: This Agreement can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under this Agreement. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate the Agreement immediately.

10. Liability: We will perform the Services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Subject to your consumer law rights, our total liability under this Agreement and conditions is limited to the Price paid by you. 

11. Vehicle Manufacturer Warranty: Please also note, by providing Services in connection with your vehicle, we may affect or void your vehicle’s manufacturer warranty. It is your responsibility to check your vehicle’s manufacturer warranty (if any).

12. Our Warranty: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

We provide this warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).

13. Warranty Period: Subject to the terms of this warranty, if during the first 10,000km travelled by the vehicle or 6 months (whichever comes earlier) after the Services are provided by us (Warranty Period) the Services prove defective by reason of improper workmanship or materials, we will resupply the Services. Your Consumer Law Rights may extend beyond the Warranty Period.

14. Making a Claim: To claim the benefit of this warranty, you must notify us by email or over the phone as soon as you become aware that the Services are defective; and bring the vehicle the subject of the Services, to our premises in order for us to verify your claim.

15. Warranty Exclusions: This warranty does not cover any defect which is caused (or partly caused) or contributed to, by any: 

(a) act or omission, accident, or negligence by you or any third party not engaged by us; 

(b) continued use of the Services (where such use is not reasonable) after any defect in the Services becomes apparent or would have become apparent to a reasonably prudent person;

(c) failure by you to notify us of any defect in the Services within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect; or

(d) any event or circumstance beyond our reasonable control.

16. Confidentiality: Both parties commit to maintaining the confidentiality of any proprietary or confidential information shared while these Terms are in place.

17. Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under this Agreement, and we will ensure that any subcontractors we employ will adhere to the terms of this Agreement as if we were performing the Services directly.

18. Governing Law: This Agreement is governed by the laws of Western Australia.

19. Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.