TERMS & CONDITIONS
Current as of 06/11/2020
By using this website, for any purpose including making a booking for service or repairs to your vehicle you confirm that you have read and understood and agree to abide by these Terms of Service (Terms).
These Terms of Service apply to your use of this website (Website) operated by Jack Frost Car Car Conditioning Pty Ltd (referred to below as “Jack Frost” or “us” or “we” or “our”) and also applies to any information provided by us on this Website, and any messages sent to or from us electronically.
By using this Website, the user (you) confirms his/her agreement to all of the Terms. We may vary our Terms at any time without notice and, if we do, we will provide an updated version of our Terms on this Website.
If you do not agree to any of our Terms, you must not use any of the services offered on our Website.
The Website is owned and operated by Jack Frost Car Car Conditioning Pty Ltd ACN 44 618 086 749 of 4/429 Mt Gravatt East, Brisbane 4122.
In these terms and conditions:
Customer includes the person, firm or body corporate (or their agent) who requests the Repairer to carry out Works for it or on its behalf as named on the front of these terms and conditions. Part means any part or component installed, modified or repaired by the Repairer as part of the Works.
Prescribed Terms means the conditions and warranties implied by law into contracts for the supply of goods and services by the Australian Consumer Law which cannot be excluded, restricted or modified by agreement. Repairer means the entity operating the Autospark outlet named on the front of these terms and conditions. Warranty Period means in respect of:
- a) Parts – As prescribed by the manufacturer of any Part (6 months for commercial vehicles);
- (b) Labour – 12 months (6 months commercial vehicles).
Works means all works carried out by the Repairer for and on behalf of the Customer including the supply and fitting of all Parts, repairs, maintenance, improvements, the supply of labour and specialised tools.
This document sets out the entire terms and conditions relating to the provision of Works and the supply of Parts by the Repairer to the Customer.
- By requesting the Repairer to carry out the Works, the Customer authorises the Repairer to do all acts and things that are in the opinion of the Repairer necessary or desirable to carry out and complete the Works including:
(a) to install or remove from the vehicle any Part, component device; and
(b) to move, drive and test the vehicle, any Part or any component of the vehicle.
- Where the Customer is acting as an agent in requesting the Works, then the Customer is jointly and severally liable with its principal for all amounts payable to the Repairer.
- Quotes for any Works by the Repairer are valid for the period stated in that quote unless otherwise advised by the Repairer in writing.
- Prices are inclusive of GST.
- The Customer cannot withdraw a request for the Works to be done or call for the Works to cease before completion unless the Repairer otherwise agrees.
Estimates and Payment
We provide 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.
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.
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 at the time of the work being completed. We accept cash, credit cards, EFTPOS and bank cheques. Payment made by Visa or MasterCard credit cards will incur a surcharge of 1%. Payment made by American Express credit cards (Amex) will incur a surcharge of 3%. Personal cheques are not accepted.
Payment Upon Completion of Works
- The Customer must pay the full invoiced price, plus all other amounts payable to the Repairer under these terms and conditions, arising out of the Works for the Customer, after which (but not before) the vehicle or other goods upon which the Works have been carried out will be available for collection by the Customer.
- If the Customer fails to pay the full invoiced price of the Works within 30 days, the Customer must pay interest on that amount at a rate equal to the benchmark rate quoted by Suncorp-Metway Ltd ABN 66 010 831 722 AFSL No 229882 Australian Credit Licence number 229882 (“Suncorp Bank”) from time to time plus 2% calculated on a daily basis from its due date for payment until the amount outstanding (plus interest) has been paid in full.
- Before making payment, the Customer must inspect the works and satisfy itself that the Works have been carried out in a proper and satisfactory manner. By making payment, the Customer accepts that the Works have been carried out in a proper and satisfactory manner.
- Any works completion date quoted by the Repairer is an estimate only and the Repairer is not liable for any failure to complete the Works by that date.
- All parts or components not held in stock by the Repairer are subject to price and exchange rate variations at the time of payment.
Lien and Title
- In addition to any workman’s or repairer’s lien which the Repairer may have over the vehicle, the Parts or other goods on which the Works have been carried out, the Repairer has a general lien over that vehicle, the Parts or other goods and all other property of the Customer that comes into the possession of the Repairer for any reason until all amounts owing by the Customer on any account whatsoever have been paid to the Repairer.
- Title to any Parts installed by the Repairer remains with the Repairer until payment in full has been received.
Limitation of Liability
- Subject to clause 6(2) and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of the Repairer is to provide any part of the Works or to repair or replace the Parts (at the Repairer’s discretion) which is found to be defective during the Warranty Period. The Repairer is not responsible for towing costs or other costs of moving any vehicle or Part to from the Repairer’s premises whether before or after the conduct of the Works. The Customer bears the cost of bringing any vehicle to the Repairer’s premises for any Work.
- If any Works or Parts supplied pursuant to this agreement are supplied to the Customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law or relevant state legislation the Customer has the benefit of certain non-excludable rights and remedies in respect of the Works or Parts and nothing in this Document excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred.
- If the vehicle or Works is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation the Repairer’s liability is limited to the payment of an amount equal to the lowest of:
- (a) the cost of replacing the Parts or supplying equivalent Parts;
- (b) the cost of repair of the Parts;
- (c) the cost of having the Parts repaired or replaced.
- No warranty is provided in respect of second-hand Parts.
- The Repairer is not liable for any:
- (a) other claims or damages including, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the vehicle or Parts and any indirect, special or consequential damages or injury to any person, corporation or other entity; or
- (b) costs incurred in remedying defective Work or replacing defective Parts supplied by the Repairer unless the Repairer has been given the opportunity of remedying or replacing such Work or Parts or the Repairer has approved in writing as such work being undertaken by a third party.
Sub-Contracting and Indemnity
The Repairer may sub-contract on any terms the whole or any part of the Works and any and all acts or things that are in the opinion of the Repairer necessary or desirable to carry out and complete the Works.
Liability of Employees, Agents and Contractors
Every exemption from liability and every right, defence and immunity applicable to the Repairer is available to and extends to protect every employee or agent of the Repairer (including any independent contractor employed by the Repairer) while acting in the course of or in connection with his employment or engagement.
Registration of your vehicle
- You understand that driving an unregistered vehicle is illegal and 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 your vehicle is unregistered.
- Where you have not notified us in accordance with this clause that your vehicle is unregistered you agree to indemnify us for any fines, penalties, loss, damage, injury or death caused to any person or property when we are driving or otherwise operating your vehicle.
Warranties & Guarantees
All warranties and guarantees can only be honored on vehicles with an up-to-date service history. An unserviced vehicle is a potential pandora’s box of problems that are often difficult to diagnose and foresee. Additionally, it is difficult to honor warranties and guarantees where another technician has carried out servicing or repairs post Jack Frost Mobile Car Air Conditioning as we can’t guarantee their work.
Manufacturer extended warranties
You understand that some car manufacturers provide extended warranties that may not entitle Jack Frost Mobile Car Air Conditioning to carry out services on your vehicle. It is your responsibility to ensure that work completed at Jack Frost does not affect or void an extended manufacturer warranty.
- No variation of these Terms and Conditions (including any Customer purchase order) is effective, even if the Repairer subsequently issues an invoice or carries out the works.
- A failure by the Repairer to exercise any rights or remedies under these Terms and Conditions is not a waiver of those rights or remedies unless the Repairer gives clear and express written notification of such waiver.
- No employee, agent or sub-contractor or other associated people of the Repairer has authority to vary these Terms and Conditions.
- These terms and conditions are governed by and construed in accordance with the law of Queensland.