Terms & Conditions
TERMS & CONDITIONS
GDL Automotive Services Pty Ltd ACN 161 363 131 (“GDL”)
INTRODUCTION
A. These Terms and Conditions (“Terms and Conditions”) constitutes a legally binding
agreement between you and GDL.
B. By booking your vehicle for service with GDL, you agree to be bound by these Terms
and Conditions.
OPERATIVE PART
1. Estimates and Payment
(a) GDL will provide you with an estimate of the cost of all work to be undertaken. The estimate will be discussed with you prior to work being commenced on your vehicle. Estimates remain valid for 7 days. All estimates and prices include GST.
(b) If you agree to proceed with the work to your vehicle, you authorise GDL to carry out the work detailed in the estimate, and to supply and fit any parts needed.
(c) Should additional work be found necessary during the course of the service which would cause the estimate to be exceeded, we will contact you to explain the additional work required and to seek your authorisation for the additional costs to be incurred before proceeding.
(d) A detailed tax invoice outlining the work carried out and associated costs will be provided once the work is completed. Payment must be made in full on the day of the work being completed and prior to the collection of your vehicle. We accept credit cards and EFTPOS. Payment made by credit card may incur a surcharge.
(e) As part of these Terms and Conditions you acknowledge that where invoices are not paid, we hold a lien over the vehicle belonging to you which is in our possession.
2. Liability
(a) Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties or conditions or impose guarantees or obligations which cannot be excluded, restricted or modified except to a limited extent.
(b) These Terms and Conditions do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Other than those statutory provisions, we exclude all conditions and warranties which may be implied by law.
(c) To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
(1) In the case of services supplied or offered by us, either the resupply of those services or the payment of the cost of having those services re-supplied; or
(2) In the case of goods supplied or offered by us, either the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of having the goods replaced or the payment of the costs of having the goods repaired.
(d) To the maximum extent permitted by law, we will not be liable to you or any third parties for:
(1)Any claim, whether that claim arises in contract, tort (including negligence) or statute;
(2)Any loss (including loss of profits or special, indirect, incidental or consequential loss;
(3)Damage, injury or death to any person or property, arising out of or relating to the products sold by us or the services performed by us to the extent any such claim, loss, damage, injury or death was directly caused by our fraud or wilful misconduct.
3. Registration of your Vehicle
(a) You understand that driving an unregistered vehicle is illegal and you warrant that your vehicle is registered in accordance with the State/Territory legislative and regulatory requirements applicable to your vehicle. Where your vehicle is not registered you will ensure that you take all necessary steps to notify us that the vehicle is unregistered.
(b) Where you have not notified us that your vehicle is unregistered, you agree
to indemnify us for any fines or penalties incurred, and loss or damage
caused to any person or property when we are driving or operating your
vehicle, except to the extent that any such fines, penalties, loss or damage
was caused by our fraud or wilful misconduct.
4. Parts and Lubricant
(a) GDL uses quality aftermarket parts and lubricants that meet or exceed the
specifications of those originally fitted by your vehicle manufacturer. Should
you wish to use an alternative brand or product, GDL will take reasonable
action to source that part or product for you, although this may impact on the
pricing and time commitments of your car service or repair.
(b) You understand that some vehicles require larger quantities or higher grade
oil during service. GDL may at its sole discretion, and without contacting you
for authorisation, charge an amount for the cost of oil used in the service.
5. Service
(a) GDL will perform the services based on the estimate provided to you.
(b) GDL will provide you with a comprehensive report with a detailed list of the items which have been checked on your vehicle. GDL will note dismantle, strip or remove any part of the vehicle as part of this report. Any road test, if conducted, will be carried out within the immediate confines of the inspection location and the local speed limits.
(c) GDL cannot tell you about a defect if it is not able to be seen, or it does not
appear during the road test and inspection. GDL will not be liable to you for
any loss or damage if, having repaired the readily identifiable faults, a
secondary fault is later identified to be the source of the presenting issue.
Matters outside our Reasonable Control.
6. Matters outside our Reasonable Control
(a) We will not be liable for any delay in performing, or any failure to carry out
the repairs to your vehicle, to the extent that such delay or failure results
from events or circumstances outside our reasonable control.
(b) GDL will not be liable for any physical damage your vehicle sustains whilst we are in care of your vehicle. Parking is only available on public roads, whilst we have your vehicle it will be parked on public roads.
(c) GDL will not be liable for parking fines and demerits your vehicle incures whilst it is parked on public roads.
7. Warranties
(a) GDL’s goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures.
(b) In addition to the warranties provided to you by law, GDL warrants its services to you against defective workmanship or materials for a period of 12 months (“Warranty Period”). If failure occurs within the Warranty Period, you agree to immediately notify GDL so that the necessary repairs can be
arranged.
(c) You will void the warranty provided by GDL in clause 6(b) if:
(1) you use your vehicle in competition, on a closed circuit, or as part
of any timed event;
(2) if you remove the part or parts originally fitted by GDL to the
vehicle;
(3) if the part or parts are damaged by accident or misuse, in particular
engine backfire or malfunction;
(4) if warranty repairs are performed elsewhere by a third-party, unless
the work has been authorised in writing by GDL.
(d) This warranty does not cover consequential damage, injury to person or
persons, towage, accommodation or loss of income, nor does it cover
defects arising from accidents, misuse, overloading, negligence or
participation in competitive motor sports. The warranty shall not cover any
defect or damage which may be caused or partly caused by or arise through
continued use of the vehicle after any defect becomes apparent or would
have become reasonably apparent to a prudent operator of the vehicle.
(e) Second hand parts, unless specified otherwise do not come with any warranty.
8. Privacy Statement
(a) GDL collects your personal information in order to provide you with its
products and services and for internal administration and operational
purposes, market and consumer satisfaction research and in order to comply
with legislative and regulatory requirements. If you do not provide your
personal information, GDL may not be able to provide you with products or
services.
(b) GDL may use your personal information and disclose it to related bodies
corporate and third parties in order to inform you about products and
services, special offers and discounts provided by GDL.
(c) For further information on how GDL deals with your personal information, please refer to our privacy policy, which is available on our website.