Navigate / search

Terms and Conditions

 

Terms and Conditions of Motor Vehicle Repair agreement

 

REGISTRATION OF YOUR VEHICLE

  • 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 wilful misconduct.
  1. These terms and conditions are part of the contract (“agreement”) between Quantum Mechanics
    (in this agreement “we” or “us”) and the customer (in this agreement “you” or “Owner”) that is formed when you agree to us to a service or repair that we will perform to you.
  2. All our prices and estimates include GST unless stated otherwise. An estimate or price is only binding on us once the service/ repair agreement has been signed. The scope and pricing of the service/repair authorization may change as a result of updated instructions from you.
  3. Quantum Mechanics will carry out the repairs and work (the work) described on page the job card in respect of the motor vehicle. Quantum Mechanics will supply and fit all necessary parts and materials.
  4. The Owner will pay Quantum Mechanics the charges due in respect of the work and the parts and materials supplied by Quantum Mechanics under this Agreement. Unless otherwise agreed by Quantum Mechanics in writing. The Owner will pay the full amount due on the earlier of the completion of the work or collection of the motor vehicle.
  5. Quantum Mechanics is entitled to increase the charges payable by the Owner for any product or service provided under this Agreement to include any goods and service tax payable by Quantum Mechanics in respect of the supply of that product or service.
  6. The Owner warrants that it is entitled to grant a lien, and hereby grants a lien over the motor vehicle (including all equipment accessories and contents) to secure the due payment of all charges arising under this Agreement, including storage, interest charges and any additional charges. Quantum Mechanics will notify the Owner when the motor vehicle is available for collection. Actual notice will be sufficient for these purposes; notice by properly pre-paid post will be deemed to be actually given to the Owner two days after posting. If the Owner does not collect the motor vehicle within two days (excluding days on which Quantum Mechanics is not open for business) of Quantum Mechanics given to the Owner, the Owner will pay Quantum Mechanics a storage charge of $25.00 per day (or part thereof).
  7. The Owner IS personally liable for all amounts payable under this Agreement, regardless of any insurance or other contractual arrangement it may have.
  8. Unless otherwise agreed. Quantum Mechanics will complete the work in a reasonable time. If an estimated or specific time for completion is given by Quantum Mechanics, it will not be liable for any delay due to circumstances beyond its control.
  9. The Owner authorizes Quantum Mechanics to order on its behalf any parts or materials necessary to carry out the work. Unless otherwise agreed in writing, the Owner must pay to Quantum Mechanics the full cost of obtaining any such parts and materials (including any cost arising from currency fluctuations between the date the parts and materials were ordered and paid for).
  10. The servants or agents of us may test drive or carry out tests of the motor vehicle at Quantum Mechanic’s discretion and may, if requested by the Owner, collect or re-deliver it where nominated by the Owner and we will not be liable to the Owner for any damage which occurs to or IS caused by the motor vehicle during such driving or testing, unless it arises from the negligence of us or its servants or agents.
  11. We will not without the Owner’s prior authorization, carry out any work or supply any materials which are not included or referred to in the work. However, the Owner may in writing, orally or by an agent authorize additional work to be performed or materials to be supplied. If additional work or materials are duly authorized, the Owner will be liable to pay for the additional work or materials the amount which is agreed at the time of authorization or, failing such agreement, a reasonable sum.
  12. Subject to any Australian law implying a non-excludable obligation or right under this Agreement, Quantum Mechanic’s liability in respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair (at Quantum Mechanic’s discretion) of defective parts free of charge. Quantum Mechanics will not be liable in any way for losses or claims arising directly or indirectly from the performance of its obligations under this Agreement.
  13. All parts claimed by the Owner to be defective must be returned at the Owner’s expense in order to establish the alleged defect before any replacement or repair must be undertaken.
  14. In conjunction with the above we also have a strict payment policy where all invoices have a limit of 7 days in which to be paid. If an amount owing remains unpaid for a period of 5 working days after Quantum Mechanics provides notice of completion, Quantum Mechanics will charge 15% of the invoice total plus $30.00 admin fee! This is cumulative each 7 days period thereafter. All work will cease until invoices have been paid in full!
  15. In the event where your overdue account is referred to a collection agency/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs.
  16. The Owner acknowledges that it has read and understood Quantum Mechanic’s sign in store which states:” The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods.” Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection.
  17. The owner acknowledges that all vehicles parked in timed and/or restricted parking zones are done so at owner’s risk. All infringements arising from vehicles parked and left by owner are payable by the owner.
  18. There is NO negotiation of this Agreement

 

COMPREHENSIVE VEHICLE INSPECTIONS

a) What we check:
Quantum Mechanics will provide you with a comprehensive report with a detailed list of the items checked on your vehicle. Quantum Mechanics will visually check only the items listed on the report.

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 (unless directly requested by owner and agreed to by Quantum Mechanics in writing).

  • 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
  • Camshaft/timing belt condition.
  • Convertible or sunroof operation.

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

COURTESY CAR AGREEMENT

This courtesy vehicle is made available to the customer subject to the following terms and conditions.

The Customer Agrees:

  1. That all running expenses (including fuel) will be met by the Customer and the Customer agrees to return the vehicle with the same fuel level, as when this Agreement was entered into. Furthermore, the Customer authorises the Provider to charge reasonable costs to this affect in the event the Customer is unable to do so.
  2. The Customer is responsible for any damages, mechanical or otherwise, caused to the vehicle during the Agreement Period.
  3. That any damage to the Vehicle and/or its components, as a result of accident or collision, be reported as soon as possible to the Provider by the Customer
  4. The Customer understands that he/she is liable and agrees to meet the cost of any repairs to the Vehicle arising from accident or collision (where that cost is less than the Insurance Excess as detailed in this Agreement). Furthermore, where the cost of such repairs exceeds the Insurance Excess, the Customer agrees to meet the whole of the Insurance excess.
  5. The Customer agrees to meet the cost of any traffic infringement and/or lawful charges and fees incurred during the Agreement Period and agrees to pay all fines, tolls, fees, and charges imposed as a result thereof and an administration fee.
  6. The Customer agrees that the vehicle will be returned in a reasonably clean condition and failure to do so will result in the Customer being charged for meeting the reasonable expenses pertaining to the cleaning of the Vehicle. There is NO SMOKING permitted in the car at all times
  7. In the event that the Vehicle is not returned to the Provider at or before the time specified in this Agreement or within 24 hours of a demand by the Provider, the Customer acknowledges and agrees that he/she will pay the Provider the “Late Fee” specified in this Agreement per day or part thereof and that the failure to return the Vehicle in accordance with this clause amounts to a breach of an essential term of this Agreement and entitles the Provider to terminate this Agreement without penalty.
  8. If the Provider terminates this Agreement pursuant to Clause 7 and the Vehicle remains in the possession of the Customer, the Customer is deemed to have received but unlawfully retained the Vehicle with the knowledge the Provider may report the Vehicle as stolen.
  9. The Customer agrees that he/she will be the only driver of the Vehicle and will drive the Vehicle in a safe manner in accordance with the NSW Road Rules and any other relevant legislation (which includes the Transport Act 2013)
  10. The Customer unconditionally and irrevocably indemnifies the Provider and will keep the Provider indemnified against any loss, cost, charge, liability or claim in relation to any breach of this Agreement.
  11. This Agreement may only be varied with the express written consent of the Provider and Customer.
  12. The Provider and Customer expressly agree that this Agreement constitutes the entire Agreement of the provider and Customer and supersedes all prior understandings, negotiations, agreements, written or oral, expressed or implied.
  13. If any of the provisions of this Agreement is held to be invalid or unenforceable for any reason, it shall be severable and shall not affect the remaining provisions of this Agreement.
  14. This Agreement is governed by the laws of New South Wales and the Customer and Provider submit to the non-exclusive jurisdiction of the courts of New South Wales.
  15. Excess Amount:
    18-20 years of age – $2250
    21-24 years of age – $2000
    25+ years of age – $1250
    25+ years of age – Inexperienced Driver – $1500 (held a driver’s license for less than 2 consecutive years)
  16. Costs:
    Fuel – $0.30 per km
    Late Fee – $100 per day or part thereof
    Administration Fee – $25.00Please note, in the event of an accident/incident the full excess will be charged to the customer regardless of fault. If it is deemed the customer was not at fault and the at-fault party can be identified the excess will be refunded in full.
  17. 17. While this vehicle does have child restraint anchor points, we are unable provide any child restraints but are happy if you would like to use your own, provided you install them according to the restraint handbook instructions. The customer accepts all liability in regards to accident, damage and personal injury.