Byrne Automotive

2008

Modern Suspension Solutions 2007


Terms and Conditions

1. Byrne Auto & 4WD (Byrne Auto) will carry out the repairs and work (the work) as communicated either orally and/or in writing by Byrne Auto in respect of the motor vehicle. Byrne Auto will supply and fit all necessary parts and materials unless otherwise agreed.

2. The Owner will pay Byrne Auto the charges due in respect of the work and the parts and materials supplied by Byrne Auto under this Agreement. Unless otherwise agreed by Byrne Auto 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.

3. Byrne Auto is entitled to increase the charges payable by the Owner for any product or service provided under this Agreement to include any goods and services tax payable by Byrne Auto in respect of the supply of that product or service.

4. If any amount payable by the Owner is not paid by the due date, interest on that amount will be payable at the rate fixed from time to time pursuant to the relevant Queensland legislation.

5. The Owner warrants that it is entitled to grant a lien, and hereby grants a lien over the motor vehicle (including all is equipment accessories and contents) to secure the due payment of all charges arising under this Agreement, including storage charges, interest charges and any additional charges under Clause 10. Byrne Auto will notify the Owner when the motor vehicle is available for collection. Actual notice will be sufficient for these purposes: notice sent 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 Byrne Auto is not open for business) of Byrne Auto giving notice to the Owner, the Owner will pay Byrne Auto a storage charge of $20 per day (or part thereof).

6. The Owner is personally liable for all amounts payable under this Agreement, regardless of insurance or other contractual arrangements it may have.

7. Unless otherwise agreed, Byrne Auto will complete te work in a reasonable time. If an estimated or specific time for completion is given by Byrne Auto, it will not be liable for any delay due to any circumstances beyond its control.

8. The Owner authorises Byrne Auto 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 Byrne Auto the full cost of obtaining such parts and materials (including any costs arising from current fluctuations between the date the parts and material were ordered and paid for).

9. The servants or agents of Byrne Auto may test drive or carry out tests of the motor vehicle at Byrne Auto's discretion and may, if requested by the Owner, collect or re-deliver it where nominated by the Owner and Byrne Auto will not be liable to the Owner for any damage which occurs or is caused by the motor vehicle during such driving or testing, unless it arises from the negligence of Byrne Auto or its servants or agents.

10. Byrne Auto will not, without the Owner's prior authorisation, 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 authorise additional work to be performed or materials to be supplied.

11. Subject to any Australian or Queensland law implying a non-excludable obligation or right under this Agreement, Byrne Auto's liability in respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair (at Byrne Auto's direction) of defective parts free of charge. Byrne Auto will not be liable in any way for losses or claims arising directly or indirectly from the performance of its obligations under this Agreement.

12. All parts claimed by Byrne Auto to be defective must be returned at the Owner's expense in order to establish the alleged defect before any replacement or repair can be undertaken.

13.