INTRODUCTION
These Terms and Conditions (“Terms and Conditions”) constitutes a legally binding
agreement between you and Blue Flame Automotive.
By booking your vehicle for service with Blue Flame Automotive, you agree to be bound by these Terms
and Conditions.
ESTIMATES AND PAYMENTS
Blue Flame Automotive will provide you with 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 30 days. All estimates and prices include GST.
If you agree to proceed with the work to your vehicle, you authorise Blue Flame Automotive to carry out the work detailed in the estimate, and to supply and fit any parts needed.
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 on the day of the work being completed and prior to the collection of your vehicle. We accept credit cards and EFTPOS. Payment made by credit card may incur a surcharge.
As part of these Terms and Conditions you acknowledge that where invoices are not paid, we hold a lien over the vehicle belonging to you which is in our possession.
LIABILITY
(a) Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties or conditions or impose guarantees or obligations which cannot be excluded, restricted or modified except to a limited extent.
(b) These Terms and Conditions do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Other than those statutory provisions, we exclude all conditions and warranties which may be implied by law.
(c) To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
(1) In the case of services supplied or offered by us, either the resupply of those services or the payment of the cost of having those services re-supplied; or
(2) In the case of goods supplied or offered by us, either the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of having the goods replaced or the payment of the costs of having the goods repaired.
(d) To the maximum extent permitted by law, we will not be liable to you or any third parties for:
(1)Any claim, whether that claim arises in contract, tort (including negligence) or statute;
(2)Any loss (including loss of profits or special, indirect, incidental or consequential loss;
(3)Damage, injury or death to any person or property, arising out of or relating to the products sold by us or the services performed by us to the extent any such claim, loss, damage, injury or death was directly caused by our fraud or wilful misconduct.
REGISTRATION OF YOUR VEHICLE
(a) 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 the vehicle is unregistered.
(b) 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 operating your
vehicle, except to the extent that any such fines, penalties, loss or damage
was caused by our fraud or wilful misconduct.
PARTS AND LUBRICANT
Blue Flame Automotive 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 alternative brand or product, Blue Flame Automotive will take reasonable
action to source that part or product for you, although this may impact on the
pricing and time commitments of your car service or repair.
You understand that some vehicles require larger quantities or higher grade
oil during service. Blue Flame Automotive may at its sole discretion, and without contacting you
for authorisation, charge an amount for the cost of oil used in the service.
SERVICE
Blue Flame Automotive will perform the services based on the estimate provided to you.
Blue Flame Automotive will provide you with a comprehensive report with a detailed list of the items which have been checked on your vehicle. Blue Flame Automotive will note dismantle, strip or remove any part of the vehicle as part of this report. Any road test, if conducted, will be carried out within the immediate confines of the inspection location and the local speed limits.
Blue Flame Automotive cannot tell you about a defect if it is not able to be seen, or it does not
appear during the road test and inspection. Blue Flame Automotive will not be liable to you for
any loss or damage if, having repaired the readily identifiable faults, a
secondary fault is later identified to be the source of the presenting issue.
Matters outside our Reasonable Control.
To the extent permitted by law, Blue Flame Automotive shall not be liable to the Customer for any Claim arising due to damage or loss of the Customer’s Vehicle while it is on Blue Flame Automotive’s Premises
Blue Flame Automotive may store the Customer’s Vehicle until it is collected, and the Customer will be liable on demand for any Claim related to Blue Flame Automotive’s storage of the Customer’s Vehicle, including but not limited to any storage fees incurred and insurance; and upon giving at least one month’s written notice to the Customer, Blue Flame Automotive may sell or otherwise dispose of the Customer’s Vehicle.
The Customer acknowledges and agrees that the Removed Parts are in most situations unavoidably destroyed and unsuitable for re-use. Blue Flame Automotive will dispose of the Removed Parts unless the Customer advises otherwise.
If the Customer wishes to retain the Removed Parts, they must inform Blue Flame Automotive before the commencement of the Services. If so, the Customer must collect the Removed Parts on the day that the Customer’s Vehicle is collected. The Customer is solely responsible for loading and transport, and acknowledges that due to their condition, the Removed Parts may not be able to be moved inside the Customer’s Vehicle. The Customer will have 7 days to collect there parts if notified Blue Flame Automotive before the job has started.
MATTERS OUTSIDE OUR REASONABLE CONTROL
We will not be liable for any delay in performing, or any failure to carry out
the repairs to your vehicle, to the extent that such delay or failure results
from events or circumstances outside our reasonable control.
WARRANTIES
(a) Blue Flame Automotive’s goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures.
(b) In addition to the warranties provided to you by law, Blue Flame Automotive warrants its services to you against workmanship or materials for a period of 12 months (“Warranty Period”). If failure occurs within the Warranty Period, you agree to immediately notify Blue Flame Automotive so that the necessary repairs can be arranged.
(c) You will void the warranty provided by Blue Flame Automotive in clause 6(b) if:
(1) you use your vehicle in competition, on a closed circuit, or as part
of any timed event;
(2) if you remove the part or parts originally fitted by Blue Flame Automotive to the
vehicle;
(3) if the part or parts are damaged by accident or misuse, in particular
engine backfire or malfunction;
(4) if warranty repairs are performed elsewhere by a third-party, unless
the work has been authorised in writing by Blue Flame Automotive.
(d) This warranty does not cover consequential damage, injury to person or
persons, towage, accommodation or loss of income, nor does it cover
defects arising from accidents, misuse, overloading, negligence or
participation in competitive motor sports. The warranty shall not cover any
defect or damage which may be caused or partly caused by or arise through
continued use of the vehicle after any defect becomes apparent or would
have become reasonably apparent to a prudent operator of the vehicle.
QUOTES
(A) A Quote is valid for the period stated in the Quote, or if no such period is specified, then 30 days from the date of issue.
(B)
| To the extent permitted by law, Blue Flame Automotive shall not be liable for any errors or omissions in a Quote. RETURNS Blue Flame Automotive will charge the Customer a 20% restocking fee where it reasonably determines that the return is not caused by Blue Flame Automotive or its Representatives. Without limitation, the fee will also apply regardless of whether a Customer’s Vehicle has been sold, stolen or crashed. The restocking fee covers such costs as administration, packing and restocking the Goods. In addition, the Customer will be charged the total cost of freight. These charges will be deducted from any refund. |
NEED HELP?
Contact us at info@blueflameautomtoive.com.au for any questions relating to our terms and conditions.
