Service Agreement

1. Definitions

1.1 “Services” means all repairs and maintenance undertaken by Us for You and includes any advice or recommendations.

1.2 “Us”, “We” and “Our” means Smith Automotive ABN 39 756 995 398, its successors and assigns or any person acting on behalf of and with the authority of Smith Automotive.

1.3 “You” and “Your” means the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, service repair order form, tax invoice or other form as provided by Us to You.

2. Acceptance and Payment

2.1 You will make payment in full for all Services upon completion of the Services or as set out in any quotation, service repair order form or tax invoice.

2.2 You acknowledge that any estimate given for repairs and maintenance is subject to reassessment after dismantling of the components concerned and that any additional work will not be commenced without Your approval unless We consider such work to be essential to the safe operation of the vehicle.

2.3 During the process of repair and maintenance some or all of Your stored data may be lost. Please ensure that you have made back-up copies or saved this stored data elsewhere prior to repair. Such stored data may include but is not limited to data in integrated multimedia devices, satellite navigation systems, trip computers, BlueTooth settings, electronic address books, telephone numbers, radio codes and SMS.

2.4 Vehicles presented for repair and maintenance may be replaced by refurbished parts of the same type rather than being repaired. You acknowledge non genuine parts (“generic parts)" are not covered by the manufacturer vehicle warranty and may affect the factory build specifications and the warranty provided by the manufacturer for Your vehicle.

2.5 Should You fail to pay for repairs, or take delivery of the vehicle, within 24 hours after notification that the work has been completed, We may store it at Your expense without prejudice to Our repairer's lien.

2.6 You acknowledge that We accept the vehicle for repair subject to any legislation relating to disposal of uncollected goods in force in this State, which may confer on Us a right to sell the vehicle in certain circumstances.

3. Warranty for Parts and Limitation of Liability

3.1 For parts, the warranty will be the current warranty provided by the manufacturer of the parts. We are not bound by nor responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the parts.

3.2 All implied conditions and warranties in relation to the parts are excluded to the maximum extent permitted by law.

3.3 The vehicle, its accessories and contents are at all times at Your risk entirely in respect of any theft, loss or damage which arises from any cause.

3.4 Defective parts removed from the vehicle must be inspected when delivery is being taken of the vehicle and We may destroy them if they are not so inspected.

3.5 Subject to any relevant State or Federal Law Our liability in respect of any claim whether for faulty workmanship or otherwise is limited to:

(a) repairing the vehicle again yourself; or

(b) the cost of having the vehicle repaired by a third party with Our prior approval.

3.6 Any claim for faulty workmanship is to be raised within seven days after the vehicle is returned to You. You agree such claim is limited solely to the rectification fee of the faulty work; no claim for loss consequential or otherwise is admissible.

3.7 If the Services being carried out are as part of a warranty claim, the conditions of the warranty on which the Services are based apply and We reserve the right to decide whether the warranty claim should be upheld based on the warranty condition.

3.8 If the Services being carried out are as part of a goodwill claim, reimbursement of the costs incurred in carrying out the Services is made subject to a technical review being carried out by Us.

4. Privacy

4.1 We are collecting Your personal information on this service repair order to assist Us to provide Services to You (including any applicable warranties). Your information may be disclosed to the vehicle manufacturer for warranty, marketing, commercial and related purposes. Please contact Us if you would like access to or correct the information we hold about You.

5. General

5.1 The vehicle may be driven by Us or Our agent for testing purposes or otherwise in carrying out such repairs.

5.2 If any provision of these Terms & Conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions are not affected, prejudiced or impaired.

5.3 These Terms & Conditions and any contract to which they apply shall be governed by the laws of South Australia and the Commonwealth of Australia and are subject to the jurisdiction of the courts of South Australia.

Please carefully read this page and the Terms & Conditions before signing this service repair order. By signing this service repair order and/or instructing Us orally or in writing to proceed with the repairs You acknowledge and agree that You have read and understood the Terms & Conditions.