TERMS & CONDITIONS

1. GENERAL

These terms and conditions constitute the agreement between Modern Towing and Salvage (Aust) Pty Ltd and/or Extaris Anna Nominees Pty Ltd trading as Modern Truck & Trailer Repairs (referred to as “we” or “us”) and the customer (referred to as “you”). This agreement is formed when:

• You sign a form issued by us authorising the truck repairs or towing services (Service Authority Form).

By providing Service (Towing Quoting or Repair) Authorisation, you agree to be bound by these terms and conditions.

2. PRICING

All prices and quotes provided by us exclude GST unless otherwise stated. Prices and quotes are binding upon Service Authority Form. Changes in scope or pricing may occur based on updated instructions from you.

3. SERVICES RENDERED

We undertake to perform the services (Towing Quoting or Repair) described in the Service Authority Form or as amended based on your instructions.

4. PAYMENT

Unless credit is pre arranged, payment in full is required before the release of your truck or any supplied products. Payment becomes due upon completion of the work unless specified otherwise.
In the event of bankruptcy, administration, or any similar circumstances, the agreement will terminate, and any outstanding amounts will become immediately due and payable.

5. GUARANTEE

Our goods and services are guaranteed under the Australian Consumer Law.

6. TITLE

Ownership of products/services does not transfer until full payment is received. We retain a lien over products in our possession until all outstanding amounts are settled.

7. LIEN

We maintain a lien over all products in our possession until outstanding amounts are paid.

8. ABANDONMENT

If payments remain outstanding, and your truck or goods are uncollected after one month of notice, we may dispose of them in accordance with relevant legislation.

9. NO LIABILITY

By Signing the Service Authority Form, you acknowledge that your vehicle whilst we are completing the work detailed in that authority is held entirely at your risk. We limit our liability to the extent permitted by law and disclaim any responsibility for loss or damage arising from product use or services, except as outlined in this agreement.

13. VEHICLE AUTHORITY

You authorise us to undertake necessary actions to provide services to your vehicle as outlined in the Service Authority Form.

14. NO WAIVER

Failure to enforce any provision of these terms and conditions does not waive our rights and remedies.

15. INVALID TERMS

If any provision is deemed invalid, the remaining terms shall remain in effect.

16. PRIVACY

We adhere to applicable privacy laws. By default, you consent to the use of your personal information for specified purposes unless stated otherwise.

17. JURISDICTION

This agreement is governed by the laws of Victoria, and you agree to the exclusive jurisdiction of the courts of that state.

Last updated: 20 2 2024

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Risks and Responsibilities:

The owner leaves its vehicle at the repairer’s shop at their own risk.

The repairer, Modern Truck and Trailer Repairs, is not responsible for any damage that may occur to the vehicle while it is left on the premises unless it is due to a wilful act of the repairer.

Quote Authorisation:

I authorise that Modern Truck and Trailer Repairs quote to repair the damage to the above vehicle.

I acknowledge that the quote process involves the following conditions:

• You have fully disclosed any insurance arrangements
• Modern Truck Repairs will liaise with me (and my insurer) regarding preparation of the quote.
• unless there is an arrangement with a third party or an arrangement to provide credit, payment will be made by me in full before the vehicle is released.
• If you chose not to proceed with the quote Modern Truck and Trailer Repairs reserve the right to charge for the time spent quoting. (a minimum fee of $500 will apply)
• If you chose not to proceed with the quote Modern Truck and Trailer Repairs reserve the right to charge for Storage.
• If you accept the quote the following terms of this authority applies to the repair process

Repair Authorisation:

I authorise that repairs to this vehicle will be carried out by Modern Truck and Trailer Repairs.

I acknowledge that the repair process involves the following conditions:

• Modern Truck Repairs will liaise with me regarding any additional works requiring further approval, and unless there is an arrangement with an insurer or an arrangement to provide credit, payment will be made by me in full before the vehicle is released.
• EFT payments will need to be cleared in Modern Truck Repairs account before the vehicle can be released. Please ensure enough time is allowed for this process to avoid any holdups at the time of pickup.
• I am responsible for accepting the valuation of the original repairs.
• I understand that the estimate provided may be subject to changes found during the repair work and from outside contractors.
• I am responsible for payment for any parts supplied by Modern Truck Repairs for this job.

 

Payment and Payment Terms:

I agree to pay Modern Truck and Trailer Repairs the full amount for repairs as outlined in the estimate, plus any supplementary charges incurred during repairs.

All payments are due in full before the vehicle is released, and payment will not be considered complete until funds are cleared in the repairer’s account.

Payments via EFT (Electronic Funds Transfer) must be cleared in Modern Truck and Trailer Repairs account before the vehicle can be released. I acknowledge that I will need to allow sufficient time for this to occur to avoid any delays at pick up.

Should full payment not be received within 30 days after the vehicle is ready for collection, the repairer reserves the right to charge interest per day on the overdue balance, starting from the due date. Repairs.

Failure to Pay:

In the event that I fail to make full payment for the repairs and any supplementary charges on or before the agreed due date, I acknowledge that Modern Truck and Trailer Repairs reserves the right to take legal action to recover the outstanding debt.

I understand that Modern Truck and Trailer Repairs may engage a debt collection agency or initiate court proceedings to recover the amount owed, including reasonable legal fees and costs incurred in such actions.

 

Supplementary Work Approval:

The value of any supplementary work must be approved and paid before the vehicle can be released.

Unless there is an arrangement with an insurer or an arrangement to provide credit it is my responsibility to pay all charges when collecting my vehicle.