Terms of Sale

Terms and Conditions of Parts Sale Agreement

1. Definitions

“ACL” means the Australian Consumer Law 2011 which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

“Agreement” means this Parts Sale Agreement which consists of the Parts Tax Invoice and these Terms and Conditions.

“Customer” means the person/s or entity named in the Parts Tax Invoice and includes their personal representatives, successors, administrators and assigns; for convenience the Customer may be referred to as “they” or “them” in this Agreement.

“GST” means the goods and services tax as defined in the GST Law.

"GST Law" means a New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.

“Parts” means the motor vehicle parts accessories and other products listed in the Parts Tax Invoice; they include parts added or substituted by the Supplier as provided for in these Terms and Conditions.

“Parts Tax Invoice” means the invoice detailing the Parts sold by the Supplier to the Customer.

"PPSA" means the Personal Properties Securities Act 2009 (Cth), as amended.

“Supplier” means the company named as such in the Parts Tax Invoice and includes any other member of the GPRX PTY LTD group of Companies which supplies the Parts to the Customer.

“Tax Invoice” has the meaning given to it under the GST Law.

“Terms and Conditions” means the terms and conditions set out in this document and which are published on the Supplier’s website, varied from time to time as provided for in this Agreement.

“Total Price” means the total amount payable by the Customer to the Supplier for the purchase and delivery of the Parts, including GST, as detailed in the description section of the Parts Tax Invoice which may be varied by the Supplier in accordance with the provisions of this Agreement.

2. Formation of Agreement

2.1. Each time the Customer places an order for the supply of any Parts with the Supplier, the order constitutes an offer by the Customer to purchase the Parts as detailed in the Parts Tax Invoice on these Terms and Conditions.

2.2. Upon the Supplier accepting the Customer’s order for the Parts, an Agreement is formed for the sale and purchase of the Parts ordered on the terms and conditions set out in this document. A copy of these terms and conditions will be available from the Supplier’s premises and will be posted on the Supplier’s website.

2.3. For the purposes of clause 2.2, the Supplier may accept the Customer’s order for Parts by notifying the Customer that the Parts ordered are available. This notification may be given by phone, staff in person or email.

2.4. Except as imposed by the ACL or other applicable law, all other terms purported to be imposed or implied by the Customer in respect of the ordering, sale and supply of the Parts, including any standard term contained in the Customer’s purchase order, are excluded from this Agreement.

2.5. These Terms and Conditions may be varied only in the following ways:

(a) for a particular sale of Parts – by a written notation of the variation on the Parts Tax Invoice expressly agreed to by both parties prior to delivery of the Parts; or

(b) generally – by the Supplier posting the proposed variation and notifying the Customer of the date that the variation will be effective on its website; the Customer agrees that the variation will apply on and from the date stated on the Supplier’s website.

3. Price

3.1. The Customer acknowledges that the Total Price stated in the Parts Tax Invoice is the price of the Parts based on costs and circumstances as they existed when the Parts were ordered from the Supplier.

3.2. If there is any change in these costs and/or circumstances before delivery of the Parts, the Customer agrees to pay the Supplier the Total Price varied as provided for in this clause 3.3.

3.3. For the purposes of clause 3.2, a change in costs and/or circumstances includes any increase in the landed invoiced cost of the Parts payable by the Supplier to its usual provider (or to another provider if the Parts become unavailable after the Supplier accepts the Parts Order) any increase in taxes payable by the Supplier on the Parts.

3.4. While the Supplier will use its best endeavours to notify the Customer of any increase in the Total Price effected pursuant to this clause 3, the Customer will be bound to pay the increased Total Price upon delivery of the Parts and any increase in the cost to supply the Parts to the Customer.

4. Payment

4.1. The Total Price must be paid for the Parts in cash, by electronic funds transfer or direct deposit to the Supplier’s bank account detailed in the Parts Tax Invoice or by credit card, prior to or upon delivery of the Parts.

4.2. If the supply of the Parts to the Customer is a supply in respect of which GST is payable, the Customer must pay GST in addition to the consideration payable for the Parts and in which case, the Supplier will provide the Customer with a Tax Invoice. The Customer accepts the Parts Tax Invoice as compliant with the GST Law.

4.3. If the Customer pays by credit card, the Customer agrees to pay the credit card surcharge notified by the Supplier, the amount of which the Supplier will determine in accordance with applicable legislation.

4.4. The Supplier may, but is not obliged to, accept payment for the Parts by cheque, whether personal or drawn on a bank or other financial institution. If the Supplier accepts a cheque in payment for the Parts which is not duly honoured upon presentation, the Customer agrees to pay the Supplier all bank charges associated with the dishonourment.

4.5. The Customer acknowledges that unless and until they have a fully signed credit arrangement in place with the Supplier, all Parts must be paid for by one of the methods set out in this clause 4.

4.6. Notwithstanding the provisions of any credit arrangements entered into between the Supplier and the Customer, the Supplier may at any time and without the need to provide any reason, vary or withdraw any credit granted to the Customer and instead insist on payment of the Total Price in one of the methods provided for in this clause 4.

4.7. If the Total Price is not paid in cleared funds by the time the Supplier intends to deliver the Parts to the Customer, then the Supplier may at its election, defer delivery of the Parts or cancel this Agreement upon giving notice of cancellation to the Customer by phone, in person or by email and in that event:

(a) the Customer releases the Supplier from any liability for loss or damage occasioned by the Customer arising from the deferral of delivery of the Parts or cancellation of this Agreement; and

(b) the Customer will be liable to compensate the Supplier for any loss or damage it suffers for loss of profit, the cost of restocking and/or the cost of holding Parts specifically obtained to fulfil its obligations under this Agreement.

5. Supply and Delivery

5.1. Any statement as to the intended time and date for availability or delivery of the Parts is accepted by the Customer as an estimate only and will not be binding upon the Supplier.

5.2. The Customer will accept delivery of the Parts by instalments if the entire consignment of Parts ordered by the Customer is not available to the Supplier at the proposed time of delivery.

5.3. Delivery of the Parts will be effected at the Supplier’s premises at the address shown in the Parts Tax Invoice, regardless of whether the Customer or the Supplier arrange for the collection and transport of the Parts to the Customer’s premises or another address.

5.4. Risk in the Parts passes to the Customer upon delivery.

5.5. Delivery of the Parts is effected when the Supplier notifies the Customer that the Parts are available for collection.

5.6. The Supplier is not obliged to deliver or release the Parts to the Customer until the Total Price is paid.

5.7. If the Supplier itself or through a contractor agrees to transport the Parts to the Customer or to an address nominated by the Customer, then risk in the Parts remains with the Customer and neither the Supplier nor its contractor will be liable to the Customer for any loss or damage to or deterioration of the Parts or for misdelivery, failure to deliver or delay in delivery of some or all of the Parts.

5.8. If the Supplier or its contractor enter upon the Customer’s premises or other nominated premises in the course of transporting the Parts at the direction of the Customer, the Customer releases the Supplier and its contractor from any claims for damage to the premises or injury to any person in or about the premises which occurs during delivery to such premises and will indemnify the Supplier against any loss, damage or expense suffered by the Supplier in consequence of any such damage or injury.

5.9. The Customer will be solely responsible to effect insurance over the Parts during transit to any address.

6. Title and Security

6.1. Legal and beneficial title in and to the Parts will pass to the Customer upon the Supplier receiving the Total Price in cleared funds.

6.2. If the Customer comes into possession of the Parts before title passes, the Customer:

(a) holds the Parts as fiduciary bailee of the Supplier;
(b) must not encumber the Parts in any way;
(c) must store the Parts separately and make them available for inspection by the Supplier upon reasonable notice being given;
(d) may sell the Parts in the ordinary course of the Customer’s business but in that case, the sale proceeds of the Parts are charged with the Customer’s obligation to pay the Total Price in full to the Supplier; and
(e) authorises the Supplier to enter upon the Customer’s premises or any premises under the Customer’s control and repossess the Parts, resell them and apply the proceeds of sale against any amount owing by the Customer to the Supplier.

6.3. The Customer acknowledges and agrees that:
(a) this Agreement constitutes a security agreement for the purposes of the PPSA and the rights given to the Supplier under this clause 6 constitute a purchase money security interest over all Parts provided or to be provided to the Customer under this Agreement, to secure the payment of the Total Price payable by the Customer to the Supplier from time to time;
(b) the Customer expressly consents to the granting of this security interest;
(c) the Supplier is entitled to take all steps necessary to protect and register the purchase money security interest in the Parts under the PPSA;
(d) upon request, the Customer will promptly sign any documents and provide any information which the Supplier may request, as necessary to register, perfect or otherwise protect and enforce the Supplier's security interest in the Parts;
(e) as the grantor of the security, the Customer waives the requirement for notices under the PPSA;
(f) until the Total Price has been paid and title in the Parts has passed to the Customer, it will not register, or permit to be registered, any security interest in the Parts without the prior written consent of the Supplier; and
(g) it is responsible for all costs and expenses incurred by the Supplier (including legal costs and expenses on a solicitor and own client basis) to enforce the security granted pursuant to this clause 6.

6.4. The Customer grants to the Supplier a lien over all Parts which have been ordered but neither paid for in full nor collected by the Customer. Pursuant to this lien:

(a) the Supplier has the right to retain possession of the Parts until the Total Price has been paid;
(b) if, within 7 days of receiving a notice of intended sale from the Supplier, the Customer fails to pay the Total Price or the balance of the Total Price then owing, the Supplier may sell the Parts and deduct the net sale proceeds from any amount owing by the Customer to the Supplier, whether under this Agreement or any other agreement that it has with the Supplier;
(c) this lien is a specific property interest created by agreement and does not interfere with or replace any other security interest granted by the Customer to the Supplier under this Agreement or by effect of Law;
(d) the Customer has no claim against the Supplier for any loss or damage arising from the exercise of the lien over the Parts by the Supplier.

7. Returns

7.1. The Supplier may, at its discretion, accept "change of mind" return of Parts in exchange for a cash refund or credit. The Customer must provide its invoice number, date of purchase and, if the Supplier agrees to accept the return of Parts, the Customer must pay all return freight charges.

7.2. The amount of refund or credit to be provided to the Customer for a return accepted by the Supplier under clause 7.1 will be, unless otherwise agreed by the Supplier:
(a) 100% of the sale price (inclusive of GST) paid by the Customer for the Parts, if returned within 7 days of initial delivery;
(b) 10% of the sale price (inclusive of GST) paid by the Customer for the Parts, if returned 8 to 30 days (inclusive) after initial delivery; and
(c) Nil, if the Parts are returned more than 30 days after delivery; and
(d) Nil, if the Parts were specifically procured for the Customer.

7.3. If the Customer claims that any of the Parts were damaged on delivery, were not as ordered or the consignment of those Parts was short or misdelivered, then this claim must be brought to the attention of the Supplier within 7 days of delivery, failing which the Customer waives any claim arising.

7.4. The Supplier will provide the Customer with the correct Parts and/or quantity at no additional cost to the Customer within a reasonable time of accepting the claim.

7.5. The Supplier’s acceptance of a claim under clause 7.3 is conditional upon the Parts being unused, in a re-saleable condition and being returned by the time specified by the Supplier.

8. Warranty and Liability

8.1. Subject to clause 8.2, the Supplier sells the Parts to the Customer with only the guarantee or warranty given by the manufacturer and/or importer of the Parts.

8.2. Clause 8.3 applies if the Customer is a “consumer” for the purposes of the ACL. For this purpose, “you” means the Customer, “our” means the Supplier and “goods” means the Parts.

8.3. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.4. If the Customer is not a “consumer” for the purposes of the ACL, then the Customer agrees that:
(a) it does not rely on the skill or judgment of the Supplier as to the suitability of the Parts for any particular purpose;
(b) any sample, catalogue or brochure shown to the Customer is solely for the purpose of enabling the Customer to judge the normal commercial quality and finish of the Parts and not so as to constitute a sale by sample or a sale by description;
(c) all warranties which may be excluded by agreement relating in any way to the Parts are excluded;
(d) the Supplier is not obliged to accept a return of any Parts or to replace or repair any defective Parts beyond its obligation to do so under the manufacturer’s and/or importer’s guarantee or warranty; and
(e) if notwithstanding the exclusion of liability provided in this clause 8, the Supplier is liable for a breach of warranty or a breach of this Agreement as regards the acceptability or quality of the Parts, then the Supplier’s liability shall be limited, at its option, to repairing or replacing the Part/s or paying a repairer or a supplier the cost to repair or replace the Parts.

8.5. The Customer acknowledges that the Supplier advised the Customer that Parts be fitted by suitably qualified persons. The Supplier makes no representation that all Parts will be delivered with fitment instructions, as they are intended for fitment by qualified persons.

8.6. Parts damaged during installation or off-road use will not be considered faulty and will not be accepted for return by the Supplier.

8.7. Warranty claims
(a) The Customer acknowledges that the Parts may need to be returned to the Supplier to determine the fault/issue and whether the Customer is entitled to a warranty claim.
(b) The Customer is responsible for all postage or freight costs associated with the return of the Parts to the Supplier for assessment and replacement of Parts pursuant to a warranty claim.
(c) Where the manufacturer's and/or importers warranty covers the replacement of the Parts only, the Customer is responsible for any labour, fitting or other expenses of or incidental to obtaining a repair or replacement of the Part.
(d) Where the Customer has contributed to the failure of the Parts, the Supplier may reject the warranty claim in which case, the Customer is responsible for the cost of retrieving the Parts.
(e) Any warranty is void if the Part has been modified, altered or tampered with by a person not authorised by the Supplier.

8.8. To the extent permitted by Law and except as expressly provided to the contrary in these Terms and Conditions, the Supplier shall not be liable (contractual, tortious or otherwise) to the Customer in respect of any loss or damage (including without limitation, consequential loss or damage) howsoever caused which may be suffered or incurred by the Customer directly or indirectly in respect of the supply and/or use of the Parts.

8.9. The Customer acknowledges that:

(a) if it elects to purchase for onsale or use in the repair or servicing of any vehicle, any part which is non-genuine or non-approved by the manufacturer of the vehicle involved, then the Customer or the owner of the vehicle concerned may be in breach of the terms of the vehicle’s warranty;
(b) for the purposes of section 54(4)(b) of the ACL, this clause 8 has the effect of specifically drawing to the Customer’s attention the possibility that the Part/s are not of acceptable quality because they are non-genuine or non-manufacturer approved Parts; and
(c) the Supplier does not warrant that the Parts are legal or safe for use with the intended vehicle or equipment. The Customer is responsible for ensuring that the intended use of the Parts is appropriate and compatible with the intended vehicle or other equipment and complies with all laws which apply to the Customer’s vehicle or equipment.

9. Personal Information

9.1. The Customer agrees that the Supplier may use any personal information supplied by the Customer for the purposes of, and strictly in accordance with, the Supplier’s Privacy Policy which appears on the Supplier’s website.

9.2. If the Customer no longer wishes the Supplier and the other parties referred to in the Supplier’s Privacy Policy to have access to the personal information supplied by the Customer, then the Customer must notify the Supplier of this requirement in writing. The Supplier will, within a reasonable time of notification, cease all access to such information.

10. General

10.1. Any unlawful, invalid or unenforceable term will not invalidate or affect the interpretation of the balance of this Agreement, but such unlawful, invalid or unenforceable term will be severed from this Agreement.

10.2. No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver.

10.3. The Supplier may subcontract the supply or delivery of the Parts.

10.4. The Customer cannot assign this Agreement without the consent of the Supplier.

10.5. The parties consent to the application of the Electronic Transactions Act 2000 (NSW) to this Agreement.

10.6. (a) Notices posted to the Customer by ordinary pre-paid mail to the Customer’s address shown in this Agreement shall be sufficiently given to the Customer and shall be deemed to have been received by the Customer on the second working day after posting.
(b) Notices sent to the Customer by email shall be deemed to have been received when the email becomes capable of being retrieved by the addressee at the addressee’s email address.

10.7. This Agreement shall be governed by the laws of the State of New South Wales and the parties submit to the jurisdiction of the Courts of New South Wales.

TERMS AND CONDITIONS OF TUNING and PERFORMANCE PARTS

GENERAL

This is a legal document setting out the Terms & Conditions upon which GPRX Pty Ltd (ABN 14 672 416 938) will provide services to you. Please read the terms below in full. By acknowledging and agreeing to these terms and conditions a Contract (“Agreement”) is formed between GPRX Pty Ltd (ABN 14 672 416 938) (in this Agreement, “we” “us” or “our”) and the customer (in this Agreement, “you”). This Agreement is commenced when you sign a form issued by us that describes the services that we will perform (“Service Authorisation”) by signing this you are accepting and agreeing to all the following Terms & Conditions.

ESTIMATES

You agree:

That the labour, parts and other costs, and any time frame provided in the Estimate is an estimate only
An Estimate is only binding by us once it has been signed
We may amend the details of the Estimate verbally, or in writing and such amended details supersede prior details in the Estimate or dealings between both parties. Amended Estimates can be approved by you verbally or in writing
The Estimate is valid for 30 days from its original issue date but is subject to changes due to the availability, or changes in the cost of goods and/ or materials
All our prices include GST (Goods and Services Tax) unless stated otherwise
Any second-hand parts or special order in parts will require payment upfront before being placed on order
Freight costs may be incurred for parts that need to be ordered in
We may require a full payment from you if the total estimated costs of goods and/ or services exceeds $500.00. This will be payable when we receive the order from you

INVOICES/PAYMENTS

An invoice will be issued upon completion of services
All prices include GST unless stated otherwise

You agree:

To pay us in full, on the day you are notified by us that your vehicle is ready for collection, for all services rendered and products supplied before removing your vehicle and/ or the products from our premises, unless we have agreed otherwise
To pay your invoice by cash, credit card or EFTPOS. Cheques will not be accepted (unless previously agreed to)
We reserve the right to vary the purchase price and make additional charges in the event of a variation to the order for goods and/ or services including where we incur further costs in the following circumstances:
You provided inadequate, late, or incorrect information in relation to the vehicle or work required
We agreed to provide additional services not included or specifically excluded in the order or estimate
If you cancel a service or good, and we incur any loss resulting from the cancellation
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 external administrator appointed

This agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.

Unless agreed verbally or in writing by us, you must not withhold payment of the invoice price due to a dispute or any other query arising in respect of the order, the invoice price or any other matter connected with the contract
At our complete discretion, we may apply any payment received by you to any amount owing by you

Failure to pay, storage, lien & uncollected goods

If we have notified you that your vehicle is ready for collection, and you fail to pay the total invoice amount on that day, you acknowledge and agree to the following:
We have the right to exercise a lien (under general law or equity) and serve notice on you requiring immediate payment of the amounts outstanding
We can exercise a lien over all products in our possession belonging to you, including your vehicle and all goods in, or attached to your vehicle until all amounts owing to us has been paid in full
A storage fee of $10 per day will be charged from the date we notify you that the vehicle is ready for collection to the date the amount owing has been paid in full and the vehicle has been collected
All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees, storage charges and internal costs and expenses from us, are to be paid by you as a debt due and payable under these terms
If any amounts outstanding have not been paid within 3 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 sell or dispose of your vehicle and/ or all goods in or attached to your vehicle in accordance with Disposal of Uncollected Goods Act 1995 No 68 (NSW)
In the event that we sell or dispose of your vehicle and/ or goods, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and the costs of exercising the right of sale. Any excess balance of the proceeds of the sale or disposal will be returned to you
We will not be liable for any loss or damage you suffer as a result of us selling or otherwise disposing of your vehicle and/ or goods in or attached to your vehicle under this clause

PARTS AND WARRANTY

Where possible, we use quality aftermarket parts and lubricants that meet or exceed the specifications of those originally fitted by your vehicle manufacturer or we use genuine vehicle manufacturer parts when required. If you want us to use an alternate brand or product, we will take reasonable action to source that part or product for you, although this may impact on the pricing and time commitments of the provision of the services
If a part required cannot be located locally and must be specially ordered in, payment will be required upfront before being placed on order with our supplier
If a second-hand part is required payment will be required upfront before being placed on order with our supplier
Special order in parts, second-hand parts & some new parts, are non-refundable once placed on order with our supplier, therefore if you decide to cancel the order you will not be refunded for the payment of the part as we are unable to return it to our supplier
Second-hand parts come with a 3-month parts only warranty, unless stated otherwise, no labour will be covered under warranty when using second-hand parts
New parts come with a 12-month parts & labour warranty, unless stated otherwise
We will repair or exchange (where possible) the product or service if it becomes defective within the warranty period. We will bear the reasonable costs incurred in claiming the warranty
Warranty will not apply to the following:
- Normal wear and tear
- Where goods come to the end of their natural service life
- Maintenance items such as globes, wiper blades, lubricants, and fluids; or
- Where the defect is a result of:
  - Alteration, accident, misuse, abuse, or neglect;
  - Unsafe or inappropriate driving practices; or
  - Where the product or services are subsequently repaired or modified by an unauthorised service agent
- Except as required by law, we will be under no obligation to accept goods returned for any reason
- Without limiting any rights that may be available under the Australian Consumer law that are not lawfully excluded under these Terms, if you are seeking to make a claim pursuant to a third-party manufacturer warranty, the process is for the part to be sent back to the manufacturer for inspection and the remedy in relation to that claim will depend on the decision of the third-party manufacturer
- You acknowledge and agree we may, at our absolute discretion, refuse to fit any parts supplied by you (“owner supplied parts”).
- If we do agree to fit owner supplied parts, you warrant that all parts are free from any pre-existing defects or faults and are suitable for the supply of services
- You also acknowledge and agree to the following:
  - We are not the supplier of the owner supplied parts for the purpose of the Australian Consumer Law and if we offer a warranty, then the warranty does not apply to the owner supplied parts;
  - If the owner supplied part is being delivered to our premises, or needs to be returned to the supplier of the owner supplied parts, then you must arrange such delivery and are liable for all transport charges, insurance, damage to the parts and damage to our property in connection with such delivery; and
  - To the extent permitted by law, you indemnify us from and against all existing and future claims of whatsoever nature, wherever and however arising, known or unknown and by any third party which arises out of or in connection with the owner supplied part

RETURN POLICY (of parts/ goods purchased only, without service)

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 7 days with proof of purchase, unless that product is:

a special or specific order part;
a discontinued part;
not in resalable condition;
a tyre or other product that has been fitted to a vehicle; 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.

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)
We may in our absolute discretion cancel or postpone appointments in relation to services if it is reasonable for us to do so or is in our legitimate business interests to cancel or postpone the appointment
Unless specified by us to the contrary in the order, we do not warrant that we will be capable of providing the services at specific times requested by you during the term of the contract
Subject to otherwise complying with our obligations under the Contract, we shall exercise our independent discretion as to the most appropriate and effective manner of providing the Services and of satisfying your expectations of those Services
We may agree to provide additional Services not included or specifically excluded in the Order or the Estimate, in this event, the Purchase Price may be varied in accordance with these Terms
We will not be liable for any loss or damage to your vehicle, its accessories or contents, or your vehicle component, while your vehicle or vehicle component is on our premises or your vehicle is being driven for the purpose of providing or checking the Services provided, unless such loss or damage is a direct result of the negligence of GPRX Pty Ltd

Authority to use vehicle

You agree to authorise us on the following:

To allow our staff to do every act, matter, and thing that we consider desirable or necessary for us to provide with the Products and/ or services set out in the Service Authorisation in respect of your vehicle, including but not limited to): (a) Entering the vehicle; and (b) Test driving your vehicle (including driving your vehicle to another location outside of the premises)
To sublet some or all the services and to deliver and collect the vehicle from the premises of any contractor to whom the services are sublet

Force majeure/ matters beyound our control

We do not guarantee to carry out our services in whole, or in part, if we are prevented from doing so due to any circumstances beyond our reasonable control including, without limitation, as a result of any strike, war, cyber-attack, terrorist attack, trade dispute, fire, flood, tempest, theft, epidemic, pandemic, breakdown in machinery of any kind, disruption to electricity (or any other utility), or breakdown or disruption of any electronic communication support system
If we are affected by these circumstances, we will promptly notify you verbally or in writing
You acknowledge and agree that when providing the services, 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 of our control. The unlock code for your audio system is supplied by the manufacturer of your vehicle and you will be Soley responsible for retrieving that code.

Consumer Guarantee

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods and/ or services fail to be of acceptable quality and the failure does not amount to a major failure

Title

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. By signing the Service Authorisation form, you consent to GPRX Pty Ltd registering a security interest over the vehicle fitted with the product for which payment has not been received
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)

Liability

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 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
In the event that your vehicle is not registered, you agree to inform us that your vehicle is not registered. We will not be liable to you or any third party in respect of any claim for breaches of the relevant road traffic or other authority

Privacy

We will comply with all applicable privacy legislation, including the Privacy and personal Information Act 1988 (CT).

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 inquiring 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.

If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact GPRX Pty Ltd on 0414354781.

Jurisdiction

The proper law of the Agreement between you and us is the law of the State of Queensland, and the parties agree to submit to the exclusive jurisdiction of the courts of that State

Dyno wavier, disclaimer & absolute release

You are aware that all tests are intended to be and will be at maximum performance and at wide-open throttle, thus applying stress similar to that which the vehicle would experience during operation on the road/ track and is therefore susceptible to the same risks as on the road/ track which may cause engine, power train, and/ or tyre/ wheel failure or damage
You know and accept the risk of running your vehicle on the dynamometer
You hereby represent that you know the condition of the vehicle and you assure that it is in an acceptable condition to run on the Dynamometer. You have been advised that GPRX Pty Ltd does not know, nor assumes any such knowledge of the condition of the vehicle being tested/ tuned and you, nevertheless, agree to have your vehicle run on the Dynamometer. You represent that all parts of the vehicle are in good condition and are capable of full power and full throttle performance during any testing/ tuning being performed
You hereby release GPRX Pty Ltd from any liability of any nature for damage or other losses which may be sustained because of the testing/ tuning on the Dynamometer
“Power Tune and Transmission Tune” Whilst we take every care in tuning your vehicle safely, when we are tuning for maximum power, we are pushing all the mechanical items in your vehicle to the very edge and sometimes well over the manufacturer’s recommended power levels, we will not be held liable for failure’s now and in the future. THIS IS DONE AT YOUR OWN RISK.;