a) Bradley Allan Martin trading as BAM Heavy Vehicle Repairs (ABN 96279932557) (Mechanic/we) is a sole trader  

b) “Customer” is the applicant named on the account with the Mechanic or where no account exists then on the quote and/or work authorisation provided by the Mechanic to the Customer  

c) “Goods” means heavy vehicle products and associated mechanical services.

d) The Mechanic provides you with services and/or goods in accordance with these Terms and Conditions and the terms and conditions set out on your itemised job card (Quotation). Together these form a binding agreement between you and the Mechanic (Agreement)

e) This Agreement is governed by the laws of New South Wales.

f) These Terms and Conditions are available at: www.bamheavyvehiclerepairs.com.au/terms-and-conditions

g) These Terms and Conditions do not apply to the supply of any goods and/or services by us on behalf of any insurers in relation to an insurance claim.

The account Customer must, within 7 days of the Customer receiving the Mechanic’s invoice, pay the Mechanic the total amount set out in the invoice. The Mechanic reserves the right to alter the time of payment at its discretion as per the quote or work authorisation.

The Mechanic may charge interest at 2% above the commercial lending rate of the Commonwealth Bank of Australia  calculated on a daily basis on amounts not paid within the time specified in clause2 a).

The Mechanic may require a deposit from the Customer, and if a deposit is so requested by the Mechanic the Customer acknowledges the Mechanic is under no obligation to undertake any work as requested by the Customer, until the deposit is received by the Mechanic in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to the Mechanic on the part of the Customer, the Mechanic shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the contract in addition to any remedy available to the Mechanic at law or in equity.

When progress payments are agreed and noted in a quote and are not honoured by the Customer, the Mechanic reserves the right to halt any further work until such time as the outstanding payment is forthcoming. In addition, interest (as specified in clause 2 b) may be applied.

The Customer must pay to the Mechanic any costs, expenses or losses incurred by the Mechanic as a result of the Customer’s failure to pay to the Mechanic all sums outstanding as owed by the Customer to the Mechanic including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.

The risk in the Goods shall pass to the Customer upon installation of the Goods to the Customer or its agent or to a third party nominated by the Customer.

Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with the Mechanic regardless of whether the Goods are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Mechanic for the Goods, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Mechanic’s title in the Goods nor the Customer’s indebtedness to the Mechanic and, in such an event, the parties are to be restoredto the rights which each respectively would have had if the payment had not been made.

The Customer acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made pursuant to clause3 a) and until that time:

1. the Customer is not entitled to sell the Goods;
    
2. the Customer must not encumber or otherwise charge the Goods; and
    
3. the Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery or installation of the Goods to  the Customer.
    

The Customer hereby irrevocably grants to the Mechanic the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and the Mechanic shall not be liable to the Customer or any person claiming through the Customer and the Mechanic shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer’s indebtedness to the Mechanic.

If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Mechanic may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing theMechanic by the Customer.

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 your vehicle is unregistered.

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 otherwise operating your vehicle, except to the extent that any such fines, penalties, loss, or damage was directly caused by our fraud or willful misconduct.

As part of these terms and conditions you acknowledge that where our invoiced fees are not paid we hold a lien over your vehicle until the fees are paid.

Mechanic 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 alternate brand or product, Mechanic will take reasonable action to source that part or product for you, although this may impact on the pricing and time commitments of your truck service or repair.

You understand that some vehicles require larger quantities or higher grade oil during service. Mechanic may at its sole discretion, and without contacting you for authorisation, charge an amount to cover the cost of the oil used in the service.

You understand and agree that collecting recordings, video footage or filming of any kind at Mechanic without the express consent of Mechanic is prohibited and may constitute a breach of the Privacy Act 1988 (Cth) and the National Privacy Principles.

a) What we check:

Mechanic will provide you with a comprehensive report with a detailed list of the items checked on your vehicle. Mechanic will visually check only the items listed on the report. Your report will have codes inserted into the item boxes to tell you how an item may be affected and this can be explained by us at the time of receiving your report.

If there is a dispute about the accuracy of this report, you must refer the vehicle back to us before you make any repairs.

Note that we cannot tell you about a defect if we cannot see it or it does not appear during the road test and inspection.

b) What we don’t check

• Oil and fuel consumption

• Source of a leak if the area is unclean

• Oil pump strainer for any build-up of sludge

• Engine cylinder compression

• Operation of cassette or compact disc players and DVDs

• Sound or radio reception

• Navigation systems

• Alarm systems

• Bodywork water leaks or their source

• Airbag functionality

• Camshaft/timing belt condition

• Chassis cracks when the chassis rail is covered in mud/grime or is dirty and cracks cannot be seen.
   

c) Your Comprehensive report is only valid at the time of the inspection.

d) Mechanic will not dismantle, remove or strip any part of the vehicle as part of the service conducted on the vehicle. The on road test, if conducted, will be carried out within the immediate confines of the inspection location and the local speed limits.

Mechanic collects your personal information in order to provide you with its products and services and for internal administration and operational purposes, market and customer satisfaction research and in order to comply with legislative and regulatory requirements. If you do not provide your personal information, Mechanic will not be able to provide you with its products and services. Mechanic and its agents may use your personal information and disclose it to its related bodies corporate and third parties in order to inform you about products and services, special offers and discounts provided by Mechanic, its related bodies corporate and third parties that may be of interest to you. For further information on how Mechanic deals with your personal information you can view our privacy policy here, write to us at 3/7 San Jose Avenue, Lawson NSW 2783; brad@bamheavyvehiclerepairs.com.au. If you do not wish to receive direct marketing communications from Mechanic, its related bodies corporate or third parties, please contact us at brad@bamheavyvehiclerepairs.com.auand include your name and address and we will not send you any further direct marketing communications.

a) THE GOODS AND SERVICES PROVIDED TO YOU UNDER THESE MECHANIC TERMS AND CONDITIONS ARE SUBJECT TO THE AUSTRALIAN CONSUMER LAW AND MUST IN ALL CASES BE READ SUBJECT TO THE AUSTRALIAN CONSUMER LAW AND OTHER RELEVANT STATUTORY PROVISIONS.

We have given you notice of some of your rights under the Australian Consumer Law at clauses 9(b) and 9(c). Mechanic has also granted you additional warranties under the Mechanic Warranty at clause 10. In some circumstances, you may have entitlements under the Australian Consumer Law and the Mechanic Warranty – in these circumstances you may choose whether to pursue your rights under the Australian Consumer Law or under the Mechanic Warranty.

b) OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.

FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:

• TO CANCEL YOUR SERVICE CONTRACT WITH US; AND
   
• TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE.
   

YOU ARE ALSO ENTITLED TO CHOOSE A REFUND OR REPLACEMENT FOR MAJOR FAILURES WITH GOODS. IF A FAILURE WITH THE GOODS OR A SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME. IF THIS IS NOT DONE YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.

c) GOODS PRESENTED FOR REPAIR MAY BE REPLACED BY REFURBISHED GOODS OF THE SAME TYPE RATHER THAN BEING REPAIRED.REFURBISHED PARTS MAY BE USED TO REPAIR THE GOODS.

d) SUBJECT TO CLAUSES 9(e), 9(f) AND 9(g) AND THE MECHANIC WARRANTY, OUR LIABILITY FOR YOUR LOSS UNDER THIS AGREEMENT IS LIMITED TO, AT MECHANIC’S DISCRETION:

1. RE-SUPPLYING THE AFFECTED SERVICES;
    
2. PAYING THE COST OF HAVING THOSE SERVICES RESUPPLIED;
    
3. REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS;
    
4. REPAIRING THE GOODS;
    
5. PROVIDING YOU WITH A REFUND; OR
    
6. PAYING THE COST OF HAVING THE GOODS REPAIRED.
    

e) WE ARE NOT LIABLE FOR ANY LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OF ANY KIND.

f) WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE TO THE EXTENT THAT:

(i) YOU CAUSED OR CONTRIBUTED TO THE LOSS OR DAMAGE; AND/OR

(ii) THE LOSS WAS CAUSED BY A THIRD PARTY UNDER YOUR CONTROL.

g) WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT, DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT WHERE SUCH A DEFAULT OR FAILURE IS AS A RESULT OF FORCE MAJEURE. You understand that when repairing your vehicle the power supply in your vehicle may be temporarily interrupted. This may cause your audio system to lock and require an unlock code. We will take reasonable steps to prevent this from happening however it is usually outside our control. The unlock code for your audio system is supplied by the manufacturer of your vehicle and any cost incurred by us in unlocking your audio system will be your sole responsibility.

In this paragraph (g), Force Majeure means act of God, fire, accident, interruptions to power or energy, strike, riot, civil commotion or war whether declared or not, act of terrorism, pandemic, industrial dispute, labour shortage, inability to obtain materials or other events outside our reasonable control.

You must take all reasonable steps to mitigate your loss in connection with this Agreement.

Notwithstanding any other provision of these terms and conditions, the Mechanic is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:

1. any increased costs or expenses;
    
2. any loss of profit, revenue, business, contracts or anticipated savings;
    
3. any loss or expense resulting from a claim by a third party; or
    
4. any special, indirect or consequential loss or damage of any nature whatsoever caused by the Mechanic’s failure to complete or delay in completing the work or to deliver the Goods.
    

a) MECHANIC PROVIDES AN EXPRESS WARRANTY IN RELATION TO THE PARTS AND LABOUR THAT IT SUPPLIES AND USES IN THE SERVICING OF YOUR VEHICLE FOR THE TIME PERIOD OR KILOMETRES TRAVELLED (WHICHEVER OCCURS FIRST) OUTLINED IN THE FOLLOWING WARRANTY CONDITIONS (“MECHANIC WARRANTY”). THE MECHANIC WARRANTY DOES NOT APPLY TO PARTS WHICH ARE SECOND HAND. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AND THE NON-EXCLUDABLE GUARANTEES PROVIDED UNDER AUSTRALIAN CONSUMER LAW WHICH MAY APPLY TO ANY SECOND-HAND PARTS SUPPLIED AND USED BY MECHANIC. SPECIFIC WARRANTY PERIODS ARE AS FOLLOWS:

• TRUCK SERVICING AND ENGINE MAINTENANCE 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
   
• GENERAL MECHANICAL REPAIRS 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
   
• BRAKES (PASSENGER VEHICLES ONLY) 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
   
• SUSPENSION AND STEERING 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST; AND
   
• BATTERIES (AS PER MANUFACTURER’S WARRANTY), BETWEEN 6 AND 36 MONTHS.
   

INDIVIDUAL PARTS WARRANTIES MAY VARY.

a) MECHANIC ONLY USES HIGH QUALITY PARTS THAT MEET OR EXCEED THE VEHICLE MANUFACTURER’S SPECIFICATIONS

b) IF A NEW OR RECONDITIONED PART IS NOT AVAILABLE FOR YOUR VEHICLE MECHANIC MAY FIT A SECOND HAND PART. WHERE A SECOND HAND PART FITMENT IS REQUIRED, MECHANIC WILL FIRST SEEK YOUR CONSENT TO FIT THAT PART.

c) IF WE FIT A PART OR PARTS COVERED BY A MANUFACTURER’S PARTS WARRANTY THAT EXTENDS BEYOND THE MECHANIC WARRANTY PERIOD, WE WILL UPHOLD THE MANUFACTURERS PART’S WARRANTY PERIOD AND FIT ANY REPLACEMENT PARTS OFFERED BY THE PARTS MANUFACTURER AT NO CHARGE.

d) IF CARRYING OUT THIS WORK REQUIRES MECHANIC TO PURCHASE ADDITIONAL PARTS OR PROVIDE LABOUR NOT COVERED BY THE PARTS MANUFACTURER’S GUARANTEE, THERE MAY BE AN ADDITIONAL CHARGE AND MECHANIC WILL SEEK YOUR CONSENT BEFORE THIS WORK COMMENCES.

e) SHOULD ANY PART BE INCORRECTLY FITTED BY MECHANIC, OR FOUND TO BE DEFECTIVE DUE TO A MANUFACTURER’S DEFECT DURING THE MECHANIC WARRANTY PERIOD, WE WILL REPLACE REFIT OR RECTIFY THE PART AT NO CHARGE. PARTS FITTED UNDER THE MECHANIC WARRANTY WILL BE COVERED FOR AN ADDITIONAL WARRANTY PERIOD OF 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST.

f) IF REQUESTED, WE ARE HAPPY TO MAKE ALL REPLACED PARTS AVAILABLE FOR YOUR INSPECTION AT THE TIME YOU COLLECT YOUR VEHICLE.

WITHOUT LIMITING YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, WHICH CANNOT BE EXCLUDED, THERE ARE FIVE WAYS IN WHICH YOU WILL VOID YOUR MECHANIC WARRANTY, NAMELY:

• IF YOU USE YOUR VEHICLE IN COMPETITION, ON A CLOSED CIRCUIT OR AS PART OF ANY TIMED EVENT
   
• IF YOU REMOVE THE PART OR PARTS ORIGINALLY FITTED BY MECHANIC TO THE VEHICLE
   
• IF THE PART OR PARTS ARE DAMAGED BY MISUSE OR ACCIDENT, IN PARTICULAR BY ENGINE BACKFIRE OR MALFUNCTION
   
• IF WARRANTY WORK IS PERFORMED ELSEWHERE, UNLESS THE WORK HAS BEEN AUTHORISED IN WRITING BY THE MECHANIC OPERATIONS MANAGER IN ADVANCE OF ANY WORK BEING UNDERTAKEN
   
• CUSTOMER SUPPLIED PARTS ARE NOT COVERED BY WARRANTY
   

PLEASE NOTE THAT MECHANIC WILL NOT REIMBURSE YOU FOR ANY COSTS YOU MAY INCUR CLAIMING THE MECHANIC WARRANTY.

Some truck manufacturers provide extended warranties that may not entitle Mechanic to service your truck. It is your responsibility to ensure that work completed at Mechanic does not affect or void an extended manufacturer warranty.

If you have any questions or complaints you can:

1. contact the Mechanic where the work was completed (or if this is not convenient email brad@bamheavyvehiclerepairs.com.au; or
    

(b) arrange a convenient time for the repair work to be undertaken.

• Any promotion or offer provided by Mechanic is considered a standalone offer and should not be combined with other offers unless explicitly specified.
   
• Mechanic reserves the right to modify or withdraw promotions or offers at any time without prior notice.
   
• If clarification is needed regarding eligibility for promotions or offers, customers should contact brad@bamheavyvehiclerepairs.com.au directly for assistance.