Newman Avenue Garage Terms & Conditions
These terms and conditions form parts of the contract (agreement) between Zeeman Industries Pty Ltd ABN 58 272 774 049 trading under Newman Avenue Garage.
you sign a form issued by us that describes services that we will perform (Service Authorisation); or
under our contactless service model, you place your vehicle key in the provided container or leave the key in your vehicle and by doing so you also authorise Newman Avenue Garage to perform the agreed services (or amended services as a result of updated instructions from you) on your vehicle (also a Service Authorisation in the alternative)
You acknowledge that these terms and conditions and the Service Authorisation embody the whole agreement between you and us. You agree that the scope and terms of the Service Authorisation (including prices and quotes) may change as a result of updated instructions from you. By offering to buy products and/or services from us and/or by providing a Service Authorisation you agree to be bound by this agreement.
A reference to products in this agreement includes all parts or products fitted as part of services we provide to you, unless the context requires otherwise.
All our prices and quotes include GST unless stated otherwise. A quote or price is only binding on us upon Service Authorisation. The scope and pricing of the Service Authorisation may change as a result of your updated instructions.
Performance & Services:
We agree to perform the services as described in the Service Authorisation (or as amended as a result of updated instructions from you).
You agree to pay us in full for all services rendered and products supplied before removing your vehicle and/or the products (as applicable) from our premises, unless otherwise agreed. You further agree that payment of all amounts for work contemplated by the Service Authorisation (or as amended as a result of updated instructions from you), and (in the absence of manifest error) all amounts set out in the relevant document, become due upon completion of the work and must be paid by close of business on the day of completion of the work, unless we have agreed otherwise.
If any invoiced amount is not received by Zeeman Industries Pty. Ltd. Trading as Newman Avenue Garage, by the mentioned due date, then without limiting the company's rights, the following will be applicable.
1. Those charges may accrue late interest @ 2% of the outstanding balance per week, or the maximum rate permitted by the law, whichever is lower.
2. We may condition future contract renewals/service renewals or suspend our services to you until such amount is paid in full.
To the extent allowed by law, in the event that you become bankrupt; have an administrator, controller, liquidator, receiver or receiver and manager appointed (external administrator); or any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed, this agreement will terminate with immediate effect and any outstanding money will become due and payable immediately.
Our returns policy does not affect your rights under the Australian Consumer Law. This policy is provided in addition to your rights under the Australian Consumer Law.
You may return a product for a refund or exchange within 14 days with proof of purchase, unless that product is a discontinued part; not in resalable condition; a tyre or other product that has been fitted to a vehicle; and/ or not in its original packaging (with manuals and documentation).
We will not be liable for your freight or other costs in returning products (unless otherwise agreed or where you are entitled to such costs under the Australian Consumer Law).
Changes and Cancellation:
We provide advice on products including tyre and wheel sizes based on a vehicle’s original manufacturer’s specifications however, sometimes, there may be variations so we recommend customers check their vehicle’s tyre fitment information.
If you order products that are an incorrect size or specification, or the products are out of stock, or if you wish to cancel a services booking for repairs or maintenance, we are happy to arrange for the correct products to be fitted or services to be completed at the next convenient opportunity.
If you have already paid for a product or a services booking and wish to cancel before the product is fitted or the services commenced; or if the products are out of stock; or if we are unable to fulfill your order or booking request, we can arrange for a refund. Under no circumstances will we be liable for any loss or damage suffered by you or any third party for any cancellation or any delay in fulfilling a product order or in completing services to your vehicle.
If you wish to upgrade products or services which you’ve already booked and paid for, we can process the additional payment when you visit our store.
Refund payments will be processed once you complete any required Request for Refund document; and your transaction, identification and payment information has been verified; and the refund authorised by an appropriate manager.
Partial refunds, including due to variations in stock or charges, may be processed by the Store Manager under certain circumstances. All other refunds, including full refunds, may only be processed with approval from the business owner. Refunds will be actioned within one business day and valid refunds should be returned to you within 3-5 business days. Refunds will be credited to the same payment method used in your initial transaction.
Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full.
Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared.
Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party's custody on your behalf (whichever occurs sooner).
You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle and all goods in or attached to your vehicle (Lien), to secure payment of any or all amounts outstanding from time to time.
You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain your vehicle and/or any goods in your vehicle and serve notice on you requiring immediate payment of the amounts outstanding by you.
You agree that if any payments remain outstanding and your vehicle and/or goods have not been collected within six calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may and will dispose of your vehicle and/or all goods in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles without further notice or liability to you.
We accept your goods for inspection, custody, storage, repair or other treatment in accordance with The Disposal of Uncollected Goods Act 1967 (Qld).
Pursuant to this Act, any uncollected goods may be sold six (6) months after the date on which they become ready for collection.’
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement. We have no liability to you for any loss or consequential loss as a result of any delay in fulfilling a product order or in completing services to your vehicle.
We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.
Authority in respect of the vehicle:
You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services under the Service Authorisation in respect of your vehicle, including (but not limited to) entering the vehicle and test driving your vehicle (including driving your vehicle to another location outside of the premises).
Any failure by us to enforce any provision of these Terms and Conditions of Sale and Provision of Service shall not be deemed to be a waiver of any of our rights and remedies under these terms and conditions.
If any provision of these Terms is held invalid, unenforceable or illegal for any reason, that provision will be deleted and the remaining provisions of the Terms will remain in full force.
We will comply with all applicable privacy legislation including the Privacy Act 1988 (Cth).
Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:
our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
reminders that your vehicle may be due for a service or that your registration may be due for renewal;
advising you of information which may be relevant to you, including store closures or openings; and
advising you of offers that we feel may be of interest to you.
The proper law of the agreement between you and us is the law of the State of Queensland and you agree to submit to the exclusive jurisdiction of the courts of that State and the courts entitled to hear appeals from those courts.