Terms & Conds (Private)

Terms & Conditions (Private Work)

Warranty

Dilena Brothers warrants that there will be no defects in materials or workmanship for:

·     6 months or 10,000kms, whichever comes first for mechanical repairs; and

·     12 months on body, paint and collision repair work

 

Any expenditure incurred without Dilena Brothers prior approval will not be recognised.

Conditions of Warranty

Please note that this warranty applies to defective materials and workmanship that can be attributed to a Dilena Brothers repair under normal use and operation of the vehicle concerned during the warranty period and the warranty does not apply to defects to or caused by:

·     the owner’s failure properly to maintain and use or operate the vehicle in accordance with the manufacturer’s recommendations;

·     failure to carry out any repairs recommended, either verbally or in writing, by Dilena Brothers;

·     failure to return the vehicle to Dilena Brothers for servicing or inspection as explained during initial delivery;

·     normal wear and tear or parts considered consumable;

·     any parts provided to Dilena Brothers by the owner;

·     any other party dismantling or interfering with work carried out by Dilena Brothers.
Terms and Conditions
1.         Provisions of Work & Supply of Materials

Dilena Brothers agrees to provide the Work and Materials. The Work will be performed in a proper and workman like manner and the Materials will be of merchantable quality and be fit for the purpose.  Dilena Brothers reserve the right to sublet some or all of the work

2.         Price & Payment

2.1       The Customer agrees to pay the price specified on or before collection of the Vehicle

2.2       If payment is made by cheque, the cheque shall not discharge the Customer’s obligation to pay until the cheque has been cleared by the drawer’s bank.

2.3       Amounts outstanding for more than thirty (30) days will be charged interest at the Commonwealth Bank’s Standard Credit Card Rate, as published by it from time to time; and an administrative fee of $30.00 for each reminder letter.

3.         Retention of Ownership by Supplier

3.1       Ownership of the Materials does not vest in the Customer until the Customer has performed all its obligations under this Agreement.

4.         Lien Over Vehicle & Storage Costs

4.1       The Customer acknowledges that Dilena Brothers may exercise a lien over the Materials and/or the Vehicle until all monies due are paid.

4.2       The lien shall not be extinguished if the Customer temporarily retakes possession of the Materials and/or the Vehicle

4.3       Dilena Brothers may charge storage fees of $45.00 per day if the Customer fails to take delivery within seven (7) days of notification that the Vehicle is ready for collection.  Dilena Brothers may at this point transfer the Vehicle or Materials into storage offsite at the Customer’s expense.

5.         Disposal of Uncollected Goods

5.1       Unless otherwise agreed, if the Customer fails to collect the Materials and/or the Vehicle within thirty (30) days of receiving notice that the Materials and/or the Vehicle are ready for collection, unless alternate arrangements are agreed, Dilena Brothers reserve the right to sell the Materials and/or the Vehicle and put the funds toward any outstanding monies owed.  All monies still outstanding after the sale are still payable by the Customer.

5.2       Dilena Brothers will make reasonable efforts to sell the Materials and/or the Vehicle for its market value.  Any monies in excess of the outstanding debt shall be held in trust for the Customer.

 

6.         Limitation of Liability

Save any rights and warranties not permitted to be excluded by law, the liability of Dilena Brothers, is limited to:

·     re-provision of the Work and/or supply of replacement or equivalent Materials; or

·     repair of the Materials; or

·     payment of the cost of re-provision of the Work and/or supply of replacement or equivalent Materials; or

·     payment of the cost to have the Materials repaired.

7.         Enforcement Expenses

The Customer shall reimburse Dilena Brothers for all reasonable costs incurred in connection with the recovery of overdue accounts and/or the sale of Materials and/or the Vehicle in the event of failure to collect Materials and/or the Vehicle, including legal fees on a solicitor and client basis.

8.         Disclosures under the Competition & Consumer Act 2010

We hereby notify consumers that any or all user generated data could be lost as a result of repairs being carried out.  Should this data be of value, it is incumbent on the customer to make suitable arrangements to back-up and / or save this data; where necessary customers should contact the relevant manufacturer for assistance with this process.

This data includes but is not limited to: music stored in on-board media systems; files stored in on-board computer systems; GPS and navigations system settings; contacts and telephone numbers; driver and passenger settings for seats, mirrors, steering wheel, radio etc;

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.  Refurbished parts may be used to repair the goods.

By signing below, the customer acknowledges and accepts the conditions stated above.

 

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Print Name

 

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Signature

 

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Date

 

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Vehicle Registration Number