(a) G.A Walker and R.A Walker Partnership ABN 95 157 786 685 trading as A Classic Cruize (“We”, “Our” or Us”)
(b) The Client listed on the Online Form, Email correspondence, or in person (“You”, “Your” or “Client”)
A. You may request Us to provide the Services which will include a physical inspection of a motor vehicle and preparation of an inspection report.
B. If We accept Your request for Services, then you agree to be bound by the Terms and Conditions outlined in these terms and conditions.
In this Agreement:
1.1 “Agreement” means:
1.1.1 this Inspection Agreement and any Schedule or Annexure to it; and
1.1.2 the Online Form;
1.2 “Cancellation Fee” means $50.00;
1.3 “Inspection Report” means the document titled ‘Inspection Report’ completed by Us and provided to You in which we will outline our opinion of the Vehicle;
1.4 “Online Form” means the online form located on Our Website completed by You containing the relevant request for the Services;
1.5 “Relevant Jurisdiction” means Queensland;
1.6 “Services” means the services to be completed by Us under Clause 3 of this Agreement;
1.7 “Service Fee” means the amount payable for the Services located on Our Website/Online Form or as agreed between You and Us.
1.8 “Vehicle” means the vehicle described in the Online Form.
In this Agreement:
2.1 Any Capitalised phrase that is not defined in Clause 1, but is in the Online Form, shall have that the meaning in the Online Form;
2.2 A reference to:
2.2.1 One gender includes the others;
2.2.2 The singular includes the plural and the plural includes the singular;
2.2.3 A person or entity includes an individual, a firm, a body corporate, a trust, estate, partnership; an unincorporated association, Government Authority, authority or undertaking;
2.2.4 A person includes his or her legal personal representatives, administrators, successors, substitutes (including by way of novation) and permitted assigns;
2.2.5 Reference to a time is a reference to the time in the capital city of the Relevant Jurisdiction;
2.2.6 A day or a month means a calendar day or a calendar month;
2.2.7 Money (including “$”, “AUD”, or “dollars”) is to Australian currency; and
2.2.8 Any thing (including any amount or any provision of this Agreement) is a reference to the whole and each part of it.
2.3 No party enters into this Agreement as agent for any other person;
2.4 The meaning of any general language is not restricted by any accompanying example;
2.5 The words “includes” and “including” and their derivatives are not words of limitation;
2.6 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
2.7 Headings are for convenience only and do not form part of this Agreement or affect its interpretation; and
2.8 If an act must be done on a specified day which is not a Business Day, the act must be done instead on the next Business Day.
3.1 We will inspect the Vehicle at the Inspection Location on the Inspection Date at the Inspection Time, subject to the provisions of the Agreement.
3.2 We will provide Our opinion on the Vehicle to You, without any warranty of accuracy, appropriateness or reliability.
3.3 We will provide an Inspection Report on the Vehicle to you as soon as practicable after we conduct our inspection.
4.1 We reserve the right to cancel the Services for any reason.
4.2 We will refund You the Service Fee if We cancel the Services. Cancellation due to unsafe inspection location you agree to forfeit service fee.
4.3 You can cancel the Services by notifying Us.
4.4 We will refund You the Service Fee (less cancellation fee) if You cancel the Services at least 24 hours prior to the Service Period.
4.5 You agree to forfeit all rights to refund of service fee if you cancel 24 hours or less prior to the service period.
5.1 Inspection Fee
You must pay the Inspection Fee before or at the Inspection Time on the Inspection Date (or other period as agreed).
You agree to pay a cancellation fee if you cancel more than 24 hours prior the Service period.
5.2 Credit card authority
If any amount is due to Us or remains unpaid, You authorise Us to debit Your credit card with that amount within a reasonable time after the Inspection Date.
5.3 Default in payment
If You default in the payment of any moneys owed to Us under this Agreement, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
6. Your Warranties and Obligations
You warrant that it is safe and lawful to access the Vehicle to complete the inspection.
6.2.1 comply in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful inspection of the Vehicle;
6.2.2 arrange for the Vehicle to be at the Inspection Location on the Inspection Date and at the Inspection Time;
6.2.3 ensure the inspection area is safe, flat and with space around the Vehicle;
6.2.4 indemnify Us for any loss (including legal costs) incurred by Us in relation to any breach of this Agreement and for any liability arising out of any such breach.
6.2.5 You are liable for any damage caused by You whether directly or indirectly, to the Vehicle, property, or persons.
7.1 We reserve the right to cancel an inspection of the Vehicle for any reason.
7.2 We will only visually inspect the Vehicle.
7.3 You agree the inspection may not identify all faults with the Vehicle.
7.4 We do not:
7.4.1 search for any information relating to the registered title, financial interests, or history of the Vehicle;
7.4.2 check the authenticity of the VIN, engine number or odometer reading of the Vehicle;
7.4.3 dismantle, disturb, erect, or assemble any structure, fixture, assembly, component, or internal or external mechanisms during inspection.
7.4.4 inspect the mechanics of the Vehicle, including the brakes, electrics, exhaust, audio equipment, the functionality of the technical and mechanical systems, and any water or oil leaks or gas emissions;
7.5 We will only perform a road test of the Vehicle if:
7.5.1 the Vehicle has sufficient petrol;
7.5.2 the Vehicle is registered;
7.5.3 the Vehicle is considered roadworthy by Us; and
7.5.4 We consider it safe to perform a road test of the Vehicle.
7.6 Any information provided by Us to You is current as at the Inspection Time.
7.7 Any information given by Us to You in relation to the Vehicle is not an expert opinion or valuation.
7.8 Any information, assistance or service given by Us to You in relation to Vehicle, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We are not liable or responsible for any loss suffered as a result of Your reliance on such information, assistance or service.
7.9 We do not guarantee that the Vehicle would pass a roadworthy inspection nor make any representation or warranty regarding the condition of the Vehicle to you.
7.10 Any information provided by Us to You is not a recommendation to purchase the Vehicle. The decision to purchase the Vehicle is Your own based on Your own investigations and enquiries.
8. Dispute Resolution
8.1 If a dispute arises between You and Us, the following procedure applies:
8.1.1 A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this Clause 8.
8.1.2 A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this Clause 8.
8.1.3 A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this Clause 8.
8.2 The parties must endeavour to resolve the dispute as soon as possible and in any event within 10 business days (or other period as agreed) and any negotiation between the parties must be held in the Relevant Jurisdiction.
8.3 Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) which operate at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into this Supplier agreement. This Clause 8 survives termination of this Supplier Agreement.
8.4 Despite the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under this Agreement.
8.5 The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
9. Exclusions and Limitation of Liability
9.1 You expressly agree that use of the information provided by Us in relation to the Vehicle is at Your risk. To the full extent allowed by law, Our liability for breach of any term implied into these terms of inspection by any law is excluded.
9.2 You agree that We will have no responsibility or liability for any loss or damage to You, or any passenger of the Vehicle. To the full extent permitted by law You release and discharge Us, our directors, agents, and employees from any loss or damage whatsoever and whenever caused to You or any passenger whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from the Vehicle or any accident to or involving the Vehicle or its use, operation, repair, maintenance or storage, or which may otherwise be suffered or sustained in, upon or near the Vehicle.
9.3 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with the Vehicle, whether based on terms of trade, negligence, strict liability or otherwise and to the fullest extent.