Autoplus WA – Terms & Conditions of Trade
- “AutoplusWA” means Notte Works Pty Ltd T/A AutoplusWA, its successors and assigns or any person acting on behalf of and with the authority of Notte Works Pty Ltd T/A AutoplusWA.
- “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting AutoplusWA to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
- if there is more than one Client, is a reference to each Client jointly and severally; and
- if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
- includes the Client’s executors, administrators, successors and permitted assigns.
- “Goods” means all Goods (including but not limited to, any supplementary aftermarket accessories and/or consumables) or Services supplied by AutoplusWA to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
- “Vehicle” shall mean any loan Vehicle supplied by AutoplusWA to the Client. The Vehicle shall be described in this agreement or on any other forms as provided by AutoplusWA to the Client, and includes any parts, components, accessories and contents supplied by AutoplusWA.
- “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between AutoplusWA and the Client in accordance with clause 5 below.
- “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
- The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services provided by AutoplusWA.
- These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and AutoplusWA.
- In the event that the Goods and/or Services provided by AutoplusWA are the subject of an insurance claim that the Client has made, then the Client shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by AutoplusWA and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.
- Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.
Errors & Omissions
- The Client acknowledges and accepts that AutoplusWA shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
- resulting from an inadvertent mistake made by AutoplusWA in the formation and/or administration of this contract; and/or
contained/omitted in/from any literature (hard copy and/or electronic) supplied by AutoplusWA in respect of the Services.
- In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of AutoplusWA; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.
Change in Control
- The Client shall give AutoplusWA not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by AutoplusWA as a result of the Client’s failure to comply with this clause.
Price and Payment
- At AutoplusWA’s sole discretion, the Price shall be either:
- as indicated on invoices provided by AutoplusWA to the Client in respect of the Services supplied; or
- AutoplusWA’s estimated Price (subject to clause 6) which shall not be deemed binding upon AutoplusWA as the actual Price can only be determined upon completion of the Services. AutoplusWA undertakes to keep the Client informed should the actual Price look likely to exceed the original estimate.
- AutoplusWA’s quoted Price (subject to clause 6 which shall be binding upon AutoplusWA provided that the Client shall accept AutoplusWA’s quotation in writing within thirty (30) days of issue.
- At AutoplusWA’ sole discretion, a deposit may be required, the amount or percentage of which will be stipulated at the time of the Client’s order and shall become immediately due and payable.
- Where AutoplusWA is requested to store the Client’s Goods or vehicle, or where Goods or vehicles are not collected within twenty-four hours of advice to the Client that they are ready for collection, then AutoplusWA (at its sole discretion) may charge a reasonable fee for storage.
- At AutoplusWA’ sole discretion:
- payment shall be due on completion of the Services; or
- payment shall be due before undertaking the Services; or
- payment for approved Clients shall be made by instalments in accordance with Midland Autoplus’ payment schedule; or
- payment for approved Clients shall be due thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
- Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice.
- The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by AutoplusWA nor to withhold payment of any invoice because part of that invoice is in dispute.
- Payment will be made by cash, or by cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction) of the Price), or by any other method as agreed to between the Client and AutoplusWA.
- Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to AutoplusWA an amount equal to any GST AutoplusWA must pay for any supply by AutoplusWA under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
- AutoplusWAreserves the right to change the Price:
- if a variation to the Services which are to be provided is requested; or
- where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Services; or
- in the event of increases to AutoplusWA in the cost of labour or Goods, or fluctuations in currency exchange rates, which are beyond AutoplusWA’s control.
- Where AutoplusWA is requested to store the Client’s vehicle, or where the vehicle is not collected within twenty-four (24) hours of advice to the Client that it is ready for collection, then AutoplusWA (at its sole discretion) may charge a fee of ($15.00 per day) for storage.
- All tow and/or salvage fees will be charged to the Client, and will be added to the Price.
- If AutoplusWAs has been requested by the Client to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Client irrespective of whether or not the repair goes ahead.
- The Client acknowledges and agrees that AutoplusWA shall be entitled to:
- retain any components replaced during the provision of the Services; and
- the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.
- At AutoplusWA’s sole discretion delivery of the Services shall take place when:
- AutoplusWA provides the Services at Midland Autoplus’ address; or
- AutoplusWA provides the Services at the Client’s nominated address.
- Where AutoplusWA is to provide any Services at the Client’s nominated address then the Client shall be liable for all costs incurred by AutoplusWA from the time they depart from, and until they return to, their normal place of work (including, but not limited to, mileage and time calculated at AutoplusWA standard rates and any Goods purchased for the Services).
- Any time specified by AutoplusWA for delivery of the Goods is an estimate only and AutoplusWA will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that AutoplusWA is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then AutoplusWA shall be entitled to charge a reasonable fee for redelivery and/or storage.
- Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, AutoplusWA is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by AutoplusWA is sufficient evidence of AutoplusWA’s rights to receive the insurance proceeds without the need for any person dealing with AutoplusWA to make further enquiries.
- The Client acknowledges and agree that where AutoplusWA has performed temporary repairs on the vehicle that:
- AutoplusWA offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
- AutoplusWA will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair of the vehicle.
- AutoplusWA will accept no responsibility for valuables or other items left in the Client’s vehicle. It is the Client’s responsibility to remove any valuables from the Client’s vehicle prior to servicing/repair.
- The Client acknowledges that AutoplusWA is only responsible for Goods that are replaced by AutoplusWA, and that in the event that other components subsequently fail, the Client agrees to indemnify AutoplusWA against any loss or damage to the Goods or the Client’s vehicle, or caused by the components, or any part thereof howsoever arising.
- AutoplusWA shall not be liable for the loss of or damage to the Client’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Services (including in the event of a call-out: it shall be the Client’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of AutoplusWA, or AutoplusWA’s employees.
- It is the Client’s responsibility to ensure that the Client’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at AutoplusWA’s premises. The vehicle is at all times stored and repaired at the Client’s sole risk.
- AutoplusWA and the Client agree that ownership of the Goods shall not pass until:
- the Client has paid AutoplusWA all amounts owing to AutoplusWA and
- the Client has met all of its other obligations to AutoplusWA.
- Receipt by AutoplusWA of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
- It is further agreed that:
- until ownership of the Goods passes to the Client in accordance with clause 9.1 that the Client is only a bailee of the Goods and must return the Goods to AutoplusWA on request.
- the Client holds the benefit of the Client’s insurance of the Goods on trust for AutoplusWA and must pay to AutoplusWA the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
- the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or Goods with possession of the Goods then the Client must hold the proceeds of any such act on trust for AutoplusWA and must pay or deliver the proceeds to AutoplusWA on demand.
- the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of AutoplusWA and must sell, dispose of or return the resulting product to AutoplusWA as it so directs.
- the Client irrevocably authorises AutoplusWA to enter any premises where AutoplusWA believes the Goods are kept and recover possession of the Goods.
- AutoplusWA may recover possession of any Goods in transit whether or not delivery has occurred.
- the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of AutoplusWA.
- AutoplusWA may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
Personal Property Securities Act 2009 (“PPSA”)
- In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
- Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to AutoplusWA for Services – that have previously been supplied and that will be supplied in the future by Midland Autoplus to the Client.
- The Client undertakes to:
- promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which AutoplusWA may reasonably require to;
- register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
- register any other document required to be registered by the PPSA; or
- correct a defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);
- indemnify, and upon demand reimburse, Midland Autoplus for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
- not register a financing change statement in respect of a security interest without the prior written consent of AutoplusWA;
- not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of AutoplusWA;
- immediately advise AutoplusWA of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
- AutoplusWA and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
- The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
- The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing by AutoplusWA, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
- The Client must unconditionally ratify any actions taken by Midland Autoplus under clauses 10.3 to 10.5.
- Subject to any express provisions to the contrary (including those contained in this clause 10) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
- The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify AutoplusWA in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Client must allow Midland Autoplus to inspect the Goods.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- AutoplusWA acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, AutoplusWA makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. AutoplusWA’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Client is a consumer within the meaning of the CCA, AutoplusWA’s liability is limited to the extent permitted by section 64A of Schedule 2.
If AutoplusWA is required to replace the Goods under this clause or the CCA, but is unable to do so, AutoplusWA may refund any money the Client has paid for the Goods.
- If the Client is not a consumer within the meaning of the CCA, AutoplusWA’ liability for any defect or damage in the Goods is:
- limited to the value of any express warranty or warranty documentation provided to the Client by AutoplusWA at AutoplusWA’ sole discretion;
- limited to any warranty to which AutoplusWA is entitled, if AutoplusWA did not manufacture the Goods;
- otherwise negated absolutely.
- Subject to this clause 11, returns will only be accepted provided that:
- the Client has complied with the provisions of clause 11.1; and
- AutoplusWA has agreed that the Goods are defective; and
- the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
- the Goods are returned in as close a condition to that in which they were delivered as is possible.
- Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, AutoplusWA shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- the Client failing to properly maintain or store any Goods;
- the Client using the Goods for any purpose other than that for which they were designed;
- the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- the Client failing to follow any instructions or guidelines provided by AutoplusWA;
- fair wear and tear, any accident, or act of God.
- In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by AutoplusWA as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that AutoplusWAhas agreed to provide the Client with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 11.10.
- Notwithstanding anything contained in this clause if AutoplusWA is required by a law to accept a return then AutoplusWA will only accept a return on the conditions imposed by that law.
Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Midland Autoplus’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the Client owes AutoplusWA any money the Client shall indemnify AutoplusWA from and against all costs and disbursements incurred by AutoplusWA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Client basis, AutoplusWA’ collection agency costs, and bank dishonour fees).
- Further to any other rights or remedies AutoplusWA may have under this contract, if a Client has made payment to AutoplusWA by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by AutoplusWA under this clause 10, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.
- Without prejudice to AutoplusWA’ other remedies at law AutoplusWA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to AutoplusWA shall, whether or not due for payment, become immediately payable if:
- any money payable to AutoplusWA becomes overdue, or in AutoplusWA’ opinion the Client will be unable to make a payment when it falls due;
- the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Security And Charge
- Despite anything to the contrary contained herein or any other rights which AutoplusWA may have howsoever:
- where the Client is the owner of land, realty or any other asset capable of being charged, the Client agrees to mortgage and/or charge all of their joint and/or several interests in the said land, realty or any other asset to Midland Autoplus or AutoplusWA’ nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client agrees that AutoplusWA (or AutoplusWA’ nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
- should AutoplusWA elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client shall indemnify AutoplusWA from and against all AutoplusWA’ costs and disbursements including legal costs on a solicitor and own Client basis.
- the Client agrees to irrevocably nominate constitute and appoint AutoplusWA or AutoplusWA’ nominee as the Client’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.
- Without prejudice to any other remedies AutoplusWA may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions AutoplusWA may suspend or terminate the supply of Goods to the Client. AutoplusWA will not be liable to the Client for any loss or damage the Client suffers because AutoplusWA has exercised its rights under this clause.
- AutoplusWA may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Client. On giving such notice AutoplusWA shall repay to the Client any sums paid in respect of the Price. AutoplusWAshall not be liable for any loss or damage howsoever arising from such cancellation.
- In the event that the Client cancels the delivery of Services the Client shall be liable for any loss incurred by AutoplusWA (including, but not limited to, any loss of profits) up to the time of cancellation.
Privacy Act 1988
- The Client agrees for AutoplusWA to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by AutoplusWA.
- The Client agrees that AutoplusWA may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
- to assess an application by the Client; and/or
- to notify other credit providers of a default by the Client; and/or
- to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
- to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
- The Client consents to AutoplusWA being given a consumer credit report to collect overdue payment on commercial credit.
- The Client agrees that personal credit information provided may be used and retained by AutoplusWA or the following purposes (and for other agreed purposes or required by):
- the provision of Goods; and/or
- analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
- enabling the collection of amounts outstanding in relation to the Goods.
- AutoplusWA may give information about the Client to a CRB for the following purposes:
- to obtain a consumer credit report;
- allow the CRB to create or maintain a credit information file about the Client including credit history.
- The information given to the CRB may include:
- personal information as outlined in 15.1 above;
- name of the credit provider and that Midland Autoplus is a current credit provider to the Client;
- whether the credit provider is a licensee;
- type of consumer credit;
- details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
- advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and AutoplusWA has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
- information that, in the opinion of AutoplusWA, the Client has committed a serious credit infringement;
- advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
- The Client shall have the right to request (by e-mail) from AutoplusWA:
- a copy of the information about the Client retained by AutoplusWA and the right to request that AutoplusWA correct any incorrect information; and
- that AutoplusWA does not disclose any personal information about the Client for the purpose of direct marketing.
- AutoplusWA will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
- The Client can make a privacy complaint by contacting AutoplusWA via e-mail. Midland Autoplus will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
- Loan Vehicles shall at all times remain the property of AutoplusWA and are returnable on demand by AutoplusWA.
- The Loan Vehicle may only be driven during the period of loan by the Client or any other person that AutoplusWA agrees may drive the Loan Vehicle and then only if they hold a current driver’s licence appropriate for the Loan Vehicle at the time when they are driving it.
- The Client shall;
- ensure that all reasonable care is taken in handling and parking the Loan Vehicle and that it is left securely locked when not in use.
- keep the Loan Vehicle in the Client’s own possession and control and shall not allow the use of the Loan Vehicle by any third party.
- not alter or make any additions to the Loan Vehicle including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Loan Vehicle or in any other manner interfere with the Loan Vehicle.
- keep the Loan Vehicle, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Midland Autoplus to the Client. In the event that the Loan Vehicle is not returned in clean condition then AutoplusWA reserves the right to charge the Client for all costs AutoplusWA incurs in cleaning the Loan Vehicle.
- The Client acknowledges and agrees that they shall not permit any form of charge to be applied in relation to the Loan Vehicle and further agrees that they shall not be entitled to any form of lien over the Loan Vehicle.
- The Client shall be liable for any parking or traffic infringements, or related impoundment, towage and storage, and will supply all relevant details as required by the Police (and/or AutoplusWA) relating to any such parking or traffic infringements or any other offences.
- The Client, by signing this agreement, accepts that they shall be liable to AutoplusWA for any loss of, or damage to, the Loan Vehicle and consequential loss to the full extent of any insurance excess (where applicable). In the event insurance is rendered invalid by any action of the Client then the Client shall be liable to Midland Autoplus for the full cost of repairing or replacing the Loan Vehicle (whichever is the lesser).
- Any excess applied (plus GST) shall be for each and every claim. Window glass damage or breakage also carrries a separate excess.
Unpaid Seller’s Rights
- Where the Client has left any item with AutoplusWA for repair, modification, exchange or for AutoplusWA to perform any other service in relation to the item and AutoplusWA has not received or been tendered the whole of any monies owing to it by the Client, AutoplusWA shall have, until all monies owing to AutoplusWA are paid:
- a lien on the item; and
- the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
- The lien of AutoplusWA shall continue despite the commencement of proceedings, or judgment for any monies owing to AutoplusWAhaving been obtained against the Client.
- The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which AutoplusWAhas its principal place of business, and are subject to the jurisdiction of the courts in that state.
- AutoplusWA shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by AutoplusWA of these terms and conditions.
- In the event of any breach of this contract by AutoplusWA the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
- AutoplusWA may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
- The Client cannot licence or assign without the written approval of AutoplusWA.
- AutoplusWA may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of AutoplusWA’ sub-contractors without the authority of AutoplusWA.
- The Client agrees that AutoplusWA may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for AutoplusWA to provide Goods to the Client.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
- Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.