By engaging our services, signing our check in form, or approving a quote/estimate, you acknowledge that you have read or had the opportunity to read our Terms & Conditions and agree to be bound by them.

 

TERMS & CONDITIONS OF TRADE

 

Top End (Aust) Pty Ltd ABN 66 147 296 580 trading as Top End Motors
MRB 6060

28 Bandicoot Drive, Kununurra WA 6743
PO Box 1118, Kununurra WA 6743
T: (08) 9168 2207
E: admin@topendmotors.net.au

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1. ACCEPTANCE OF THESE TERMS

By engaging Top End Motors to provide Goods or Services, signing or accepting a check-in form or work authorisation, accepting a quotation, paying a deposit, or otherwise authorising Us to commence work, You acknowledge that You have received, read or had a reasonable opportunity to read these Terms and agree to be bound by them.

These Terms apply together with any quotation, estimate, job card, work authorisation or other written agreement between You and Top End Motors.

Where You hold an approved trade credit account, Top End Motors' Commercial Credit Application Terms & Conditions also apply. If there is any inconsistency, the Commercial Credit Application Terms & Conditions prevail in relation to credit facilities, payment, debt recovery and security.

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2. DEFINITIONS

In these Terms:

“Customer”, “You” and “Your” means the person or entity engaging Top End Motors to supply Goods or Services.

“Goods” means parts, materials, components, equipment and other goods supplied by Us.

“Services” means mechanical, electrical, diagnostic, repair, maintenance, inspection and associated services supplied by Us.

“Vehicle” includes a motor vehicle, motorcycle, trailer, boat, plant, machinery or other equipment left with Us for Goods or Services, where applicable.

“We”, “Us”, “Our” and “Top End Motors” means Top End (Aust) Pty Ltd ABN 66 147 296 580 trading as Top End Motors.

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3. YOUR RIGHTS UNDER AUSTRALIAN CONSUMER LAW

Our Goods and Services come with rights and consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Among other things, Services covered by the consumer guarantees must be provided with due care and skill and, where applicable, be fit for a purpose made known to Us. Depending on the circumstances, You may be entitled to remedies where Goods or Services do not comply with applicable consumer guarantees. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

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4. CUSTOMER AUTHORITY

4.1 You warrant that You are:

a. the owner of the Vehicle; or

b. authorised by the owner to engage Us to perform the requested work and incur charges in relation to the Vehicle.

4.2 Where You are acting on behalf of another person or business, You warrant that You have authority to bind that person or business in relation to the work authorised.

4.3 You must tell Us before work commences about any limitation on Your authority to approve work.

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5. QUOTES AND ESTIMATES

5.1 Where reasonably practicable, We may provide a written or verbal quotation or estimate before commencing work.

5.2 A quotation is an offer to perform the specified work for the quoted price, subject to the assumptions, exclusions and scope stated in the quotation.

5.3 An estimate is Our reasonable assessment of the likely cost of the work and is not a fixed price.

5.4 Unless otherwise stated, written quotations are valid for 7 days.

5.5 A quotation is based on faults and conditions that are reasonably identifiable at the time the quotation is prepared.

5.6 Unless expressly included in the quotation, the quoted price does not include additional work required because of:

a. hidden or previously unidentified faults;

b. additional damage discovered after dismantling or diagnosis;

c. seized, broken, corroded or damaged components;

d. modifications or previous repairs;

e. incorrect information supplied to Us; or

f. other conditions that could not reasonably have been identified when the quotation was prepared.

5.7 We will not materially exceed an accepted quotation or undertake material additional work without Your approval, except where:

a. the additional amount is within an expressly agreed authorised spending limit; or

b. work is reasonably necessary to prevent an immediate risk of injury or further physical damage while the Vehicle is in Our possession, and it is not reasonably practicable to obtain Your instructions.

5.8 Any work under clause 5.7(b) will be limited to what is reasonably necessary to address the immediate risk. It does not authorise Us to undertake general additional repairs merely to make the Vehicle operational.

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6. ADDITIONAL WORK AND UNFORESEEN FAULTS

6.1 Mechanical and diagnostic work may reveal additional faults or work that was not reasonably apparent before work commenced.

6.2 Where additional work is recommended, We will make reasonable attempts to contact You and obtain approval before carrying out that work.

6.3 Additional work authorised by You will be charged in addition to the original quotation or estimate.

6.4 Approval may be given verbally, electronically or in writing.

6.5 We may record the date, time and details of verbal authorisations for Our records.

6.6 If We cannot contact You, We may suspend work until instructions are received.

6.7 Where a Vehicle cannot safely be reassembled, moved or released without additional work, We will notify You as soon as reasonably practicable and discuss the available options.

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7. DIAGNOSTIC WORK

7.1 Diagnostic time is chargeable regardless of whether:

a. a fault is ultimately identified;

b. You proceed with the recommended repair;

c. the fault is intermittent;

d. further diagnosis is required; or

e. the Vehicle requires specialist or manufacturer-level testing.

7.2 Diagnostic work involves applying reasonable skill, knowledge, testing and investigation to identify the likely cause of a fault. Payment for diagnosis does not guarantee that every fault will be identified during the initial diagnostic process.

7.3 Intermittent, electronic, network, wiring and complex mechanical faults may require staged diagnosis and additional diagnostic time.

7.4 We will seek Your approval before undertaking material additional diagnostic work beyond any amount or time already authorised.

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8. WORK AUTHORISATION

8.1 You authorise Us to perform the work approved by You and to obtain and fit Goods reasonably required for that work.

8.2 You also authorise Us, where reasonably required for diagnosis, repair or verification of repairs, to:

a. start and operate the Vehicle;

b. conduct reasonable road tests or operational tests;

c. connect diagnostic equipment;

d. move the Vehicle within or around Our premises;

e. raise, dismantle or inspect relevant components; and

f. reset or clear diagnostic codes where appropriate.

8.3 Road testing will only be undertaken where reasonably necessary in connection with the Services.

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9. DEPOSITS AND SPECIAL-ORDER PARTS

9.1 We may require a deposit before:

a. confirming a booking;

b. ordering Goods;

c. commencing major repairs; or

d. undertaking specially ordered or non-returnable work.

9.2 Deposits will be applied toward the final Invoice.

9.3 Where You cancel authorised work, We may deduct from the deposit reasonable costs already incurred as a consequence of Your authorisation, including non-returnable Goods, supplier cancellation or restocking charges and work already performed.

9.4 Any remaining balance of the deposit will be refunded where applicable.

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10. PAYMENT

10.1 Unless an approved trade credit account or other payment arrangement applies, full payment is due when the work is completed and before release of the Vehicle.

10.2 Approved trade credit accounts are subject to the payment terms contained in the applicable Commercial Credit Application Terms & Conditions.

10.3 You must pay for Goods and Services properly authorised by You, including authorised additional work.

10.4 If You dispute an Invoice, You should notify Us promptly and provide details of the amount disputed.

10.5 Where only part of an Invoice is genuinely disputed, You remain responsible for paying the undisputed amount when due.

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11. REPAIRER'S LIEN AND RELEASE OF VEHICLES

11.1 To the extent permitted by law, We may exercise any repairer's or possessory lien available to Us over a Vehicle or Goods in Our possession for amounts properly due in connection with work performed on them.

11.2 A repairer's lien is a right to retain possession as security for payment and does not, by itself, give Us an unrestricted right to sell or otherwise dispose of the Vehicle.

11.3 Any sale or disposal of an uncollected Vehicle or Goods will only occur in accordance with applicable law.

11.4 A possessory lien may be lost once possession of the Vehicle is voluntarily surrendered.

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12. PARTS SUPPLIED BY TOP END MOTORS

12.1 Goods supplied by Us may carry a manufacturer's or supplier's warranty.

12.2 Any manufacturer's warranty is additional to, and does not replace, rights You may have against Us or another person under the Australian Consumer Law.

12.3 If Goods supplied by Us fail, We may need to inspect or test the Goods and determine the cause of the failure before deciding whether a warranty or other remedy applies.

12.4 A manufacturer's warranty may be subject to that manufacturer's lawful warranty conditions.

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13. CUSTOMER-SUPPLIED PARTS

13.1 Where We agree to install Goods supplied by You:

a. We do not provide a warranty against defects in those Goods themselves;

b. We do not warrant that the Goods are correct, suitable, compatible or of acceptable quality unless We have expressly agreed to assess those matters;

c. We remain responsible for the standard of Our own workmanship as required by law.

13.2 You are responsible for additional labour and costs reasonably incurred because customer-supplied Goods are:

a. incorrect;

b. defective;

c. incomplete;

d. incompatible;

e. damaged; or

f. require modification or additional work not originally anticipated,

provided We obtain Your approval for material additional charges.

13.3 Nothing in this clause excludes liability arising from Our own negligence or failure to exercise due care and skill.

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14. WORKMANSHIP WARRANTY

14.1 In addition to any rights You have under Australian Consumer Law, Top End Motors provides a voluntary warranty against defects in Our workmanship for 3 months or 3,000 kilometres, whichever occurs first, commencing on the date the relevant repair is completed.

14.2 This voluntary warranty relates to Our workmanship only.

14.3 If You believe Our workmanship is defective, You should contact Us as soon as reasonably practicable using the details below and give Us a reasonable opportunity to inspect the Vehicle.

Top End Motors
28 Bandicoot Drive, Kununurra WA 6743
T: (08) 9168 2207
E: admin@topendmotors.net.au

14.4 If a valid claim is accepted under this voluntary workmanship warranty, We will rectify the defective workmanship at no charge to You.

14.5 Unless otherwise required by law, You are responsible for presenting or arranging delivery of the Vehicle to Our premises for assessment. Please contact Us before incurring significant towing, transport or other costs in connection with a warranty claim.

14.6 This voluntary workmanship warranty does not apply to a problem to the extent it results from:

a. normal wear and tear;

b. misuse, abuse or neglect;

c. accident or external damage;

d. subsequent work or modification by another person;

e. failure of a customer-supplied part;

f. an unrelated or pre-existing fault; or

g. failure of another component that was not part of the original repair.

14.7 The expiry of this voluntary 3-month/3,000-kilometre warranty does not mean Your rights under Australian Consumer Law have expired. Any applicable statutory rights operate independently and may continue beyond this period.

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15. PRE-EXISTING FAULTS AND CONDITIONS

15.1 We are not responsible for pre-existing damage, defects, deterioration or wear merely because they are identified during or after Our work.

15.2 Where Our work reveals a pre-existing condition, We will advise You where reasonably practicable.

15.3 Nothing in this clause excludes liability where Our acts or omissions cause or materially worsen damage.

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16. ENGINE REBUILDS AND MAJOR REPAIRS

16.1 Engines, transmissions and other major mechanical systems contain numerous interdependent components.

16.2 Repair or replacement of one component does not amount to a representation that unrelated, associated or pre-existing components are free from defects or will not subsequently fail.

16.3 Unless expressly included in the agreed scope of work, We do not warrant unrelated components that have not been repaired, replaced or supplied by Us.

16.4 Any specific warranty applying to an engine rebuild, transmission repair or other major repair will be identified on the quotation, Invoice or other documentation where applicable.

16.5 Nothing in this clause excludes or restricts Your rights under Australian Consumer Law.

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17. MODIFIED, PERFORMANCE AND NON-STANDARD VEHICLES

17.1 You must tell Us about any material modifications, non-standard components, tuning or previous alterations relevant to the work being performed.

17.2 Modified and performance Vehicles may place greater loads on components and may behave differently from standard manufacturer specifications.

17.3 We are not responsible for failure or damage merely because it arises from a modification, non-standard component or pre-existing condition that We did not cause.

17.4 Nothing in these Terms makes a modified or performance Vehicle entirely “at the owner's risk” or excludes liability for Our own failure to exercise due care and skill.

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18. VEHICLE CONDITION AND PERSONAL PROPERTY

18.1 You should remove cash, valuables and unnecessary personal property from the Vehicle before leaving it with Us.

18.2 We are not responsible for loss of personal property that We did not cause and could not reasonably have prevented.

18.3 We may record the condition of the Vehicle at check-in, including by photographs or video.

18.4 You should tell Us about:

a. known safety defects;

b. unusual operating procedures;

c. alarm, immobiliser or security systems;

d. modifications relevant to operation or repair;

e. vehicle access requirements; and

f. any other matter reasonably necessary for Us to safely handle the Vehicle.

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19. VEHICLE STORAGE, MOVEMENT AND ROAD TESTING

19.1 We will exercise reasonable care while a Vehicle is in Our possession.

19.2 Vehicles may be stored inside or outside Our premises depending on available space and operational requirements.

19.3 You authorise reasonable movement and road testing of the Vehicle where necessary for diagnosis, repair or verification of work.

19.4 We are not liable for loss or damage merely because a Vehicle is stored or road tested, but nothing in this clause excludes liability for loss or damage caused by Our negligence, failure to exercise reasonable care or other liability that cannot lawfully be excluded.

19.5 You remain responsible for maintaining any insurance You consider appropriate for the Vehicle.

19.6 You must advise Us when leaving the Vehicle if it is uninsured or subject to any unusual insurance restriction relevant to Our handling or testing of it.

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20. SUBCONTRACTORS AND THIRD-PARTY SERVICES

20.1 We may engage suitably qualified third parties to carry out specialised work where reasonably necessary.

20.2 Where We contract with the third party as part of the Services We provide to You, We remain responsible to You to the extent required by applicable law.

20.3 Some services may involve separate third-party suppliers, such as towing or specialist services. Where You contract directly with that third party, their separate terms may apply.

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21. TIMEFRAMES

21.1 Unless We expressly agree otherwise in writing, completion dates and timeframes are estimates only.

21.2 Factors outside Our reasonable control may affect completion, including:

a. parts availability;

b. freight delays;

c. supplier delays;

d. subcontractor availability;

e. additional faults discovered during repair;

f. manufacturer or technical information requirements; and

g. events outside Our reasonable control.

21.3 We will make reasonable efforts to keep You informed of material delays.

21.4 Nothing in this clause excludes any applicable statutory guarantee that Services be supplied within a reasonable time where no time for supply has been fixed.

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22. CANCELLATIONS

22.1 You may cancel authorised work by notifying Us.

22.2 Where cancellation occurs after work has been authorised, You remain responsible for reasonable costs already incurred as a consequence of that authorisation, including:

a. labour already performed;

b. diagnostic work performed;

c. Goods specially ordered for Your Vehicle;

d. non-refundable supplier charges;

e. reasonable restocking charges actually incurred; and

f. other reasonable costs directly resulting from the cancellation.

22.3 We will not charge cancellation amounts that cannot lawfully be recovered.

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23. STORAGE AND UNCOLLECTED VEHICLES

23.1 We will notify You when the Vehicle is ready for collection.

23.2 Unless otherwise agreed, a Vehicle should be collected within 7 days after We notify You that it is ready for collection.

23.3 If a Vehicle remains uncollected after that period, We may charge a reasonable storage fee, provided You have been notified that storage charges will apply and the amount or method of calculating the charge has been disclosed to You.

23.4 Storage charges will reflect Our reasonable storage costs and will not operate as a penalty.

23.5 If a Vehicle remains uncollected, We may issue notices and ultimately sell or otherwise dispose of it only in accordance with the Disposal of Uncollected Goods Act 1970 (WA) or any legislation replacing it.

23.6 Nothing in these Terms gives Us a right to simply take ownership of an uncollected Vehicle.

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24. REMOVED PARTS

24.1 If You want removed parts returned to You, You should tell Us before or when authorising the repair.

24.2 Return of removed parts may not be possible where:

a. the part must be returned to a supplier or manufacturer as a warranty condition, exchange or core;

b. disposal is legally required or appropriate for safety reasons; or

c. You have agreed otherwise.

24.3 Where We agree to retain removed parts for collection, You should collect them within 3 days of notification unless otherwise agreed.

24.4 Uncollected removed parts will be dealt with in accordance with applicable law.

24.5 Removed parts do not automatically become Our property merely because they have not been collected within three days.

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25. RECORDING DEVICES

25.1 Dash cameras, audio recorders, GPS logging devices and other recording equipment may be disconnected or disabled while the Vehicle is in Our possession where reasonably necessary for:

a. employee and contractor privacy;

b. workshop security;

c. diagnosis or repair;

d. battery preservation; or

e. road testing.

25.2 We are not required to reconnect or restore user settings on third-party recording equipment unless agreed otherwise, but will take reasonable care when handling such devices.

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26. VEHICLES THAT ARE UNSAFE TO DRIVE

26.1 If We reasonably believe a Vehicle is unsafe to drive, We may advise You not to drive it.

26.2 You may be required to arrange towing or other suitable transport from Our premises.

26.3 Nothing in these Terms requires Us to release a Vehicle contrary to any lawful requirement applying to Us.

26.4 If You choose not to authorise recommended safety repairs, We may record that those repairs were recommended and declined.

 

27. LIMITATION OF LIABILITY

27.1 Nothing in these Terms excludes, restricts or modifies:

a. any consumer guarantee under Australian Consumer Law;

b. any right or remedy that cannot lawfully be excluded, restricted or modified; or

c. liability to the extent it cannot lawfully be limited.

27.2 To the extent permitted by law, We are not liable for loss or damage to the extent caused by:

a. Your act or omission;

b. inaccurate or incomplete information supplied by You;

c. a pre-existing defect;

d. a customer-supplied part;

e. work performed by another person;

f. misuse, accident or modification after Our work; or

g. circumstances outside Our reasonable control.

27.3 Where the law permits liability for failure to comply with an applicable consumer guarantee to be limited, any limitation under these Terms applies only to the extent permitted by law and only where it is fair and reasonable to do so.

27.4 Nothing in these Terms limits liability for Our negligence to the extent that liability cannot lawfully be excluded or limited.

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28. SEVERABILITY

If any provision of these Terms is invalid, unlawful or unenforceable, it will be read down to the extent necessary to make it enforceable or, if that is not possible, severed without affecting the remaining provisions.

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29. NO WAIVER

A failure or delay by Us in exercising a right does not constitute a waiver of that right.

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30. GOVERNING LAW

These Terms are governed by the laws of Western Australia.

The parties submit to the jurisdiction of the courts of Western Australia and courts entitled to hear appeals from those courts.Those provisions apply separately to commercial credit accounts.