Terms of Service

Physical Inspection General Terms of Service

Virtual Video Inspection General Terms of Service

Cars, 4x4 and light Commercial Inspection up to 4.5t Disclaimer and Excluded Items

Commercial vehicle Inspection including truck/trailers/Earth Moving/Agricultural Disclaimer and Excluded Items

Motorcycle Inspection Disclaimer and Excluded Items

Trailers (Light vehicle) Disclaimer and Excluded Items

Camper Tent Trailers Inspection Disclaimer and Excluded Items

Caravan/Pop Tops Inspection Disclaimer and Excluded Items

Motorhomes/RVs Inspection Disclaimer and Excluded Items

Virtual Video Inspection Disclaimer and Excluded Items

Inspection Service Areas

Repair Agreement Terms of Service

Parts and Goods Agreement Terms of Service

Section 1 – Terms of Service

Physical Inspection General Terms of Service

All In Vehicle Inspections is a registered trading name to The Trustee for All In Biz Trading Trust - ABN: 86185532240. All In Biz Pty Ltd ACN: 666738861 is acting on behalf of The Trustee for All In Biz Trading Trust - ABN: 86185532240.

By booking a vehicle inspection with All In Vehicle Inspections (All In Biz Pty Ltd is acting on behalf of All In trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following terms and conditions and the specific terms of service and exclusions for the vehicle type that you have requested to be inspected:

Fees, Cancellation and Exclusions:

Fees may be varied by All In Vehicle Inspections from time to time by posting the revised fees and charges where the service is made available for purchase by you or otherwise in accordance with these terms and conditions.
In consideration of All In Vehicle Inspections providing you with vehicle inspection services, including the provision to you of an inspection report and accompanying audio or video file where applicable (Report), you agree to pay the applicable fees as set out where the service is made available for purchase by You.
If you purchase a higher inspection level and would like to change to a lower tier, a refund to the difference of the amount will be applied with 24 hours’ notice or more. The higher tier inspection will be carried with less than 24 hours’ notice and no difference will be refunded.
All In Vehicle Inspections requests that you use your best endeavours to provide not less than 24 hours’ notice if you intend to cancel an inspection booking. If you cancel the inspection with 24 hours’ notice or more, you will be entitled to a full refund excluding any non-refundable expenses such as flights, services and goods that were unique to your inspection. An admin fee may also be applied if the service cancelled has been customised and is not a standard service that we provide on our website.
If you cancel the inspection with less than 24 hours’ notice, All In Vehicle Inspections may charge a cancellation fee of 50% if the inspector has not attempted to travel to the vehicle location.
If you cancel the inspection with less than 24 hours’ notice, All In Vehicle Inspections may charge a cancellation fee of 100% if the inspector has attempted to travel to and/or has arrived at the vehicle location.
All In Vehicle Inspections reserves the right not to undertake a vehicle inspection for any type of vehicle or other item, in which case you will be entitled to a refund.
All In Vehicle Inspections do not assemble, erect, dismantle or disturb any structure, fixture, assembly, component or internal/external mechanisms as part of the inspection process. Where applicable, All In Vehicle Inspections do not connect the vehicle to any form of power source. All In Vehicle Inspections require the vehicle being inspected to be located and assembled on a safe and level surface with reasonably sufficient walking space around the perimeter of the vehicle. In the event that any one of these conditions cannot be met, All In Vehicle Inspections reserves the right to cancel the inspection and provide a full refund to you if at least 24 hours’ notice is provided. If any of these conditions can not be met, and less than 24 hours’ notice is provided, you (the purchaser) accept that the inspection will proceed as scheduled however All In Vehicle Inspections may not be able to complete a full inspection of the vehicle in accordance with these terms and conditions.
You should expect to receive your refund within 30 days. This time period includes the time it takes us to process your refund once we receive and review it (3 to 5 business days), time to attempt return of any purchased goods and services unique to your inspection (5 to 10 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

Inspection Process: Following completion of payment for an inspection service, an inspector will contact the owner of the vehicle to arrange a time to conduct the inspection and confirm the location of the vehicle.
Pre-Purchase Inspection Report:

Any assessment made by our inspector of a vehicle is based on a visual and non-mechanical inspection of the vehicle only and All In Vehicle Inspections will not be responsible for any latent defects that are discovered which were not visually apparent during the inspection. The inspection will specifically not cover the items set out in Section 2 - Disclaimer and Excluded Items. No removal of parts or components is undertaken during the inspection process. You acknowledge that while All In Vehicle Inspections inspectors use accepted methods for fault detection, these methods may not necessarily identify all faults with a vehicle. The items and/or faults listed in the Report (if any) are not intended to be an exhaustive list and should not be relied upon as such.
The Report provided by All In Vehicle Inspections to you is only current as at the time it is issued and is based on the condition of the vehicle at the time of inspection, subject to these terms and conditions. It is your responsibility (as a buyer) to conduct a visual inspection of the vehicle at the point of sale as All In Vehicle Inspections can only advise on the condition of the vehicle at the time of inspection. The Report is not a roadworthy certificate and cannot be used as a roadworthy certificate – you should contact the road transport authority in your state or territory for road worthy certificate requirements.
Where a road test is included as part of any inspection, you must ensure that the vehicle has sufficient fuel to undertake the test. All In Vehicle Inspections will not undertake a road test on any vehicle which appears, as determined by the inspector in their sole discretion, not to be in a roadworthy condition, or if the vehicle is not registered in the relevant state. Vehicles are only road tested to the speed limit of the local area.
You should consider the age and condition of the vehicle at the time of inspection and any Report should be reviewed in this context. Subject to all applicable laws, All In Vehicle Inspections does not provide any warranty regarding the nature, reliability, accuracy or completeness of any information contained in the Report or the fitness of the information contained in the Report for any purpose intended.
All In Vehicle Inspections does not check for any manufacturer recall notices and you should check that the vehicle is not subject to a recall notice.
Notwithstanding the result of any inspection, All In Vehicle Inspections does not guarantee that the vehicle inspected would pass a road authority inspection.

Finance Inspections

Where All In Vehicle Inspections conducts a finance inspection, it will only verify the existence of a vehicle or item and any other verification items set out in the report. The inspection is based on the VIN or other serial number provided by the person booking the inspection and All In Vehicle Inspections relies on the accuracy of these details and will not be responsible or liable to any person in the event this information is inaccurate. It is the responsibility of the buyer or any other person requesting the inspection to check with the PPSR for any financial interest owing on the vehicle or item and for any write off or stolen vehicle or item history before purchasing the vehicle or item. The purchaser or any other person requesting the inspection must take responsibility for the authenticity of the vehicle or item as described by the person booking the inspection. VIN and serial numbers are recorded by our inspectors however authenticity cannot be guaranteed. This type of inspection does not involve any investigation of the condition of the vehicle or item at all and All In Vehicle Inspections makes no representation or warranty regarding the condition of the vehicle or item and buyers should conduct a full mechanical inspection and other investigations in relation to the vehicle or item before entering into any agreement to purchase a vehicle or item. The results of the inspection are valid only at the time of the inspection and it is the responsibility of the buyer to conduct an inspection of the vehicle or item at the time of completing the purchase of any item.

Your Responsibilities:

The inspection will be undertaken at the location notified by you (or the relevant vehicle seller) to All In Vehicle Inspections. It is your responsibility to arrange for your vehicle to be at the inspection location at the time of the booking or to procure that the vehicle seller makes available his or her vehicle at the inspection location at the time of the booking.
The Report is provided by All In Vehicle Inspections for the person named on the report and you must not provide the Report to any third party, except with All In Vehicle Inspections prior written consent.
If the inspection undertaken by All In Vehicle Inspections is a pre-purchase inspection, the purchaser is responsible for undertaking searches of public records in relation to the vehicle, for example to determine if the vehicle is subject to a security interest, the vehicle has been written off or the VIN or engine number of the vehicle is inauthentic or any other matter. All In Vehicle Inspections will also not be responsible for verifying the accuracy of the vehicle mileage as indicated by the vehicle’s odometer.
You must provide the All In Vehicle Inspections inspector with any material information that you have or that you are aware of in relation to the vehicle which is the subject of the inspection. For example, the vehicle’s service history, if the vehicle is unregistered (and if not, the reason for it being unregistered), any major mechanical repairs undertaken on the vehicle or if the vehicle has suffered structural damage due to its involvement in a collision. All In Vehicle Inspections relies on the complete disclosure of this information from you and the accuracy of any such information and will not be responsible if the Report is inaccurate due to any information provided by you being inaccurate.
You understand that the Report is not, and should not be considered to be recommendation to purchase or not to purchase a vehicle. The decision to purchase a vehicle is your own having regard to such matters as you consider relevant having regard to your own circumstances and your own investigations and enquiries.

Liability

Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by All In Vehicle Inspections are HEREBY EXCLUDED.
To the full extent permitted by the law, All In Vehicle Inspections will only be liable to you:

pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of All In Vehicle Inspections is limited, at All In Vehicle Inspections option, to (A) replacing or repairing the relevant goods (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by All In Vehicle Inspections.
on the condition that liability will not exceed the original value of product or services that was provided at the time of purchase

Subject to subclause 6(b), and except to the extent that liability cannot be excluded, All In Vehicle Inspections, will not be liable to you for claims arising out of or in connection with your access and use of the All In Vehicle Inspections Website, the All In Vehicle Inspections Service, the Report and any other All In Vehicle Inspections related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
To the full extent permitted by law, All In Vehicle Inspections will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage. All In Vehicle Inspections will not be responsible for the terms of any transaction between you and any persons in relation to any vehicle inspected by All In Vehicle Inspections or for resolving any dispute between any persons regarding any transaction.
You agree to indemnify All In Vehicle Inspections against any liability, loss, claim or demand if All In Vehicle Inspections (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these terms and conditions.
For the purposes of this section, the term "All In Vehicle Inspections" will mean All In Biz Pty Ltd and The Trustee for All In Biz Trading Trust, its related bodies corporate and each of their officers, employees, contractors and agents, whether individually or collectively.
These terms and conditions will survive the expiration or termination of this agreement.
You also understand that any faults and/or items identified in the Report (if any) are not intended to be an exhaustive list.

Intellectual Property: All Intellectual Property Rights in the All In Vehicle Inspections services are vested in All In Vehicle Inspections and there is no assignment of Intellectual Property Rights in any materials provided by All In Vehicle Inspections to you as part of the provision of services to you. For the purpose of this clause, “Intellectual Property Rights” means all rights in present and future registered and unregistered copyright, trademarks, designs, patent, semi-conductor or circuit layout rights resulting from intellectual activity in the electronic, industrial, scientific, literacy or artistic fields. All In Vehicle Inspections retains all rights to the Report and any content or data contained in it and provides any Report subject to these terms and conditions. Nothing in this clause will operate to limit or restrict All In Vehicle Inspections rights in relation to the data contained in any Report for purposes other than for providing you with a Report.
Termination: Either party may terminate this agreement by immediate written notice to the other if a party breaches any term that is not capable of remedy, or if the other party breaches any term that is capable of remedy and the other party fails to remedy such breach with 14 days’ written notice.
Matters outside All In Vehicle Inspections reasonable control: All In Vehicle Inspections will not be liable for any delay in performing, or any failure to carry out an inspection to the extent that such delay or failure results from events or circumstances outside its reasonable control.
Privacy: All In Vehicle Inspections collects, holds and discloses your personal information (such as your name, address, email address and vehicle details) in accordance with the All In Vehicle Inspections Privacy Policy.
Amendment: All In Vehicle Inspections may at any time modify or amend the terms and conditions upon which All In Vehicle Inspections services are supplied to you by providing you with 30 days’ notice to you via your nominated email address or by publishing any change on the All In Vehicle Inspections website or in any other place where the services are made available for purchase, provided that you may terminate this Agreement on 7 days’ written notice should any change materially impact your use of the this service.
Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of South Australia, Australia and each party irrevocably submits to the exclusive jurisdiction of the courts in that state.

(Version 1.0, August 2023)

Virtual Video Inspection General Terms of Service

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following terms and conditions and the specific disclaimer and exclusions for the virtual video inspection that you have requested to be inspected:

Fees, Cancellation and Exclusions:

Fees may be varied by All In Vehicle Inspections from time to time by posting the revised fees and charges where the service is made available for purchase by you or otherwise in accordance with these terms and conditions.
In consideration of All In Vehicle Inspections providing you with vehicle inspection services, including the provision to you of a virtual video inspection report and accompanying audio or video file where applicable (Report), you agree to pay the applicable fees as set out where the service is made available for purchase by You.
All In Vehicle Inspections requests that you use your best endeavours to provide not less than 24 hours’ notice if you intend to cancel an inspection booking. If you cancel the inspection with 24 hours’ notice or more, you will be entitled to a full refund. If you cancel the inspection with less than 24 hours’ notice, All In Vehicle Inspections may charge a cancellation fee.
All In Vehicle Inspections reserves the right not to undertake a vehicle inspection for any type of vehicle or other item, in which case you will be entitled to a refund.
During a virtual video inspection, All In Vehicle Inspections or the owner do not assemble, erect, dismantle or disturb any structure, fixture, assembly, component or internal/external mechanisms as part of the inspection process. All In Vehicle Inspections require the vehicle being inspected to be located and assembled in a safe area with reasonably sufficient walking space around the perimeter of the vehicle. In the event that any one of these conditions cannot be met, All In Vehicle Inspections reserves the right to cancel the inspection and provide a full refund to you if at least 24 hours’ notice is provided. If any of these conditions can not be met, and less than 24 hours’ notice is provided, You (the purchaser) accept that the inspection will proceed as scheduled however All In Vehicle Inspections may not be able to complete a full virtual video inspection of the vehicle in accordance with these terms and conditions.

Inspection Process: Following completion of payment for a virtual video inspection service, an inspector will contact the owner of the vehicle to arrange a time to conduct the inspection and confirm the owner is able to participate in the inspection with sufficient data and technology to complete the virtual video inspection.
Virtual Video Inspection Report:

Any assessment made by our inspector of a vehicle is based on a visual inspection of the vehicle only and All In Vehicle Inspections will not be responsible for any latent defects that are discovered which were not visually apparent on the screen during the inspection. The inspection will specifically not cover the items set out in Section 2 - Virtual Video Inspection Disclaimer and Excluded Items. There will be no requirement for the owner to remove parts or components during the inspection process. You acknowledge that All In Vehicle Inspections inspectors are not able to use the normal accepted methods for fault detection such as scan tools, paint depth gauge and other testing equipment, as a result a virtual video inspection may not necessarily identify all faults with a vehicle. The items and/or faults listed in the Report (if any) are not intended to be an exhaustive list and should not be relied upon as such.
The Report provided by All In Vehicle Inspections to you is only current as at the time it is issued and is based on the condition of the vehicle viewed by the inspector at the time of inspection and based on the information provided by the owner, and is subject to these terms and conditions. It is your responsibility (as a buyer) to conduct a visual inspection of the vehicle at the point of sale as All In Vehicle Inspections can only advise on the condition of the vehicle at the time of inspection. It is recommended that you conduct a physical inspection of the vehicle at the point of sale either in person or by someone on your behalf
As part of the inspection, All In Vehicle Inspections will attempt to verify the owners identity with photo identification and match it with the registration papers as well as facial likeness on screen during the virtual video inspection. It may not be possible to identify discrepancies or inaccuracies between documentation, All In Vehicle Inspections will not be responsible or liable to any person that any such verification or identity is inaccurate or out of date.
Notwithstanding the result of any inspection, All In Vehicle Inspections does not guarantee that the vehicle inspected would pass a road authority inspection or provide a roadworthy certificate – you should contact the road transport authority in your state or territory for road worthy certificate requirements.
The vehicle will not undergo a road test as part of the virtual video inspection.
You should consider the age and condition of the vehicle at the time of inspection and any Report should be reviewed in this context. All In Vehicle Inspections accepts no liability relating to the information provided by the owner, you acknowledge that the report contains the answers to questions asked of the owner to identify the condition of the vehicle, however All In Vehicle Inspections do not accept any liability to inaccurate or incomplete answers provided by the owner. Subject to all applicable laws, All In Vehicle Inspections does not provide any warranty regarding the nature, reliability, accuracy or completeness of any information contained in the Report or the fitness of the information contained in the Report for any purpose intended and will not be liable for any loss or damage relating to your use, or reliance on, the information contained within the report.
All In Vehicle Inspections does not check for any manufacturer recall notices including items such airbags and after-market products and you should check that the vehicle is not subject to a recall notice.

Finance Virtual Video Validation

Where All In Vehicle Inspections conducts a finance validation, it will only verify the existence of a vehicle or item and any other validation items set out in the report. The inspection is based on the VIN or other serial number provided by the person booking the inspection and All In Vehicle Inspections relies on the accuracy of these details and will not be responsible or liable to any person in the event this information is inaccurate. It is the responsibility of the buyer or any other person requesting the inspection to check with the PPSR for any financial interest owing on the vehicle or item and for any write off or stolen vehicle or item history before purchasing the vehicle or item. The purchaser or any other person requesting the inspection must take responsibility for the authenticity of the vehicle or item as described by the person booking the inspection. VIN and serial numbers are recorded by our inspectors however authenticity cannot be guaranteed. This type of inspection does not involve any investigation of the condition of the vehicle or item at all and All In Vehicle Inspections makes no representation or warranty regarding the condition of the vehicle or item and buyers should conduct a full mechanical inspection and other investigations in relation to the vehicle or item before entering into any agreement to purchase a vehicle or item. The results of the inspection are valid only at the time of the inspection and it is the responsibility of the buyer to conduct an inspection of the vehicle or item at the time of completing the purchase of any item.
As part of the validation, All In Vehicle Inspections will attempt to verify the owners identity with photo identification and match it with the registration papers as well as facial likeness on screen during the virtual video inspection. It may not be possible to identify discrepancies or inaccuracies between documentation and facial likeness, All In Vehicle Inspections will not be responsible or liable to any person if any such verification or identity is inaccurate or out of date.
The validation results are valid only at the time of the assessment and it is the responsibility of the buyer or financier to conduct a physical inspection of the vehicle or item at the time of completing the purchase or financing of any item.
This type of validation does not involve any investigation of the condition of the vehicle or item at all and All In Vehicle Inspections makes no representation or warranty regarding the condition of the vehicle or item and buyers or financiers should conduct a full mechanical inspection and other investigations in relation to the vehicle or item before entering into any agreement to purchase or finance a vehicle or item.

Your Responsibilities:

The inspection will be undertaken at the location notified by you (or the relevant vehicle seller) to All In Vehicle Inspections. It is your responsibility to arrange cooperation of the seller for your vehicle to be inspected via virtual video methods at the time of the booking or to ensure that the vehicle seller makes available his or her vehicle at the time of the booking with a compatible device to carry out the virtual video inspection.
The Report is provided by All In Vehicle Inspections for the person named on the report and you must not provide the Report to any third party, except with All In Vehicle Inspections prior written consent.
If the inspection undertaken by All In Vehicle Inspections is a pre-purchase virtual video inspection, the purchaser is responsible for undertaking searches of public records in relation to the vehicle, for example to determine if the vehicle is subject to a security interest, the vehicle has been written off or the VIN or engine number of the vehicle is inauthentic or any other matter. All In Vehicle Inspections will also not be responsible for verifying the accuracy of the vehicle mileage as indicated by the vehicle’s odometer.
You must provide the All In Vehicle Inspections inspector with any material information that you have or that you are aware of in relation to the vehicle which is the subject of the inspection. For example, the vehicle’s service history, if the vehicle is unregistered (and if not, the reason for it being unregistered), any major mechanical repairs undertaken on the vehicle or if the vehicle has suffered structural damage due to its involvement in a collision. All In Vehicle Inspections relies on the complete disclosure of this information from you and the accuracy of any such information and will not be responsible if the Report is inaccurate due to any information provided by you being inaccurate.
You understand that the Report is not, and should not be considered a recommendation to purchase or not to purchase a vehicle. The decision to purchase, hire, lease or operate a vehicle is your own having regard to such matters as you consider relevant having regard to your own circumstances and your own investigations and enquiries.

Liability

Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by All In Vehicle Inspections are HEREBY EXCLUDED.
To the full extent permitted by the law, All In Vehicle Inspections will only be liable to you:

pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of All In Vehicle Inspections is limited, at All In Vehicle Inspections option, to (A) replacing or repairing the relevant goods (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by All In Vehicle Inspections.
on the condition that liability will not exceed the original value of product or services that was provided at the time of purchase

Subject to subclause 6(b), and except to the extent that liability cannot be excluded, All In Vehicle Inspections, will not be liable to you for claims arising out of or in connection with your access and use of the All In Vehicle Inspections Website, the All In Vehicle Inspections Service, the Report and any other All In Vehicle Inspections related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
These terms and conditions will survive the expiration or termination of this agreement.
To the full extent permitted by law, All In Vehicle Inspections will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage. All In Vehicle Inspections will not be responsible for the terms of any transaction between you and any persons in relation to any vehicle inspected by All In Vehicle Inspections or for resolving any dispute between any persons regarding any transaction.
You agree to indemnify All In Vehicle Inspections against any liability, loss, claim or demand if All In Vehicle Inspections (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these terms and conditions.
For the purposes of this section, the term "All In Vehicle Inspections" will mean The Trustee for All In Biz Trading Trust, its related bodies corporate and each of their officers, employees, contractors and agents, whether individually or collectively.
You also understand that any faults and/or items identified in the Report (if any) are not intended to be an exhaustive list.

Intellectual Property: All Intellectual Property Rights in the All In Vehicle Inspections services are vested in All In Vehicle Inspections and there is no assignment of Intellectual Property Rights in any materials provided by All In Vehicle Inspections to you as part of the provision of services to you. For the purpose of this clause, “Intellectual Property Rights” means all rights in present and future registered and unregistered copyright, trademarks, designs, patent, semi-conductor or circuit layout rights resulting from intellectual activity in the electronic, industrial, scientific, literacy or artistic fields. All In Vehicle Inspections retains all rights to the Report and any content or data contained in it and provides any Report subject to these terms and conditions. Nothing in this clause will operate to limit or restrict All In Vehicle Inspections rights in relation to the data contained in any Report for purposes other than for providing you with a Report.
Termination: Either party may terminate this agreement by immediate written notice to the other if a party breaches any term that is not capable of remedy, or if the other party breaches any term that is capable of remedy and the other party fails to remedy such breach with 14 days’ written notice.
Matters outside All In Vehicle Inspections reasonable control: All In Vehicle Inspections will not be liable for any delay in performing, or any failure to carry out an inspection to the extent that such delay or failure results from events or circumstances outside its reasonable control.
Privacy: All In Vehicle Inspections collects, holds and discloses your personal information (such as your name, address, email address and vehicle details) in accordance with the All In Vehicle Inspections Privacy Policy.
Amendment: All In Vehicle Inspections may at any time modify or amend the terms and conditions upon which All In Vehicle Inspections services are supplied to you by providing you with 30 days’ notice to you via your nominated email address or by publishing any change on the All In Vehicle Inspections website or in any other place where the services are made available for purchase, provided that you may terminate this Agreement on 7 days’ written notice should any change materially impact your use of the this service.
Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of South Australia, Australia and each party irrevocably submits to the exclusive jurisdiction of the courts in that state.
Technology: All In Vehicle Inspections makes no representation or warranty regarding the accessibility or availability of the network infrastructure required to conduct a remote video assessment. The owner and All In Vehicle Inspections are responsible for their own device, mobile data/Wi-Fi and technology to connect with the virtual video inspection video call

Section 2 – Specific Vehicle Disclaimers and Excluded Items

1. Cars, 4x4 and light Commercial up to 4.5t Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(a) Your use of this Inspection Report from All In Vehicle Inspections is subject to the Physical Inspection General Terms of Service and to the following disclaimer and excluded items for motorcycles:

(b) All In Vehicle Inspections will not be responsible for the terms of any transaction between any persons in relation to any vehicle inspected by All In Vehicle Inspections or for resolving any dispute between any persons regarding any transaction.

(c) The Report is not a roadworthy certificate and cannot be used as a roadworthy. The Report provided by All In Vehicle Inspections to you is only current as at the time it is issued. It is a buyer’s responsibility to conduct a visual inspection of the vehicle at the point of sale as All In Vehicle Inspections can only advise on the condition of the vehicle at the time of inspection. You acknowledge that All In Vehicle Inspections does not check for any manufacturer recall notices, airbag or any after-market modifications and you should check that the vehicle is not subject to a recall notice.

(d) The service provided is a non-intrusive mechanical testing and visual inspection only and All In Vehicle Inspections will not be responsible for any defects that are latent discovered which were not visually apparent during the inspection or active during testing. The inspection will cover the vehicle’s exterior, interior, engine compartment, tyres and wheels, brakes, under body and a road test if the vehicle is in a safe and legal condition where possible. The inspection will specifically not cover the items set out below in the excluded section. No removal of parts or components is undertaken during the inspection process unless to gain access for test equipment such as fluid caps and covers designed to gain access to components such as diagnostic plug covers. You acknowledge that while All In Vehicle Inspections inspectors use industry standards and accepted methods for fault detection, these methods will not necessarily identify all faults with a vehicle. You should consider the age and condition of the vehicle at the time of inspection and any Report should be reviewed in this context. Vehicles are only road tested when safe and legal to do so and only to he speed limit of the local area.

(e) Subject to all applicable laws, All In Vehicle Inspections does not provide any guarantee, warranty or representation regarding the nature, reliability, accuracy or completeness of any information contained in the Report or the fitness of the information contained in the Report for any purpose intended by you. To the full extent permitted by the law, All In Vehicle Inspections will only be liable to you: (i) pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that to the full extent permitted by law, any such liability of All In Vehicle Inspections is limited, at All In Vehicle Inspections option, to the maximum cost of the services supplied by (A) replacing or repairing the relevant goods (B) supplying goods equivalent to the relevant goods (C) supplying the relevant services again; or (D) paying the cost of such replacement, repairs or supply, subject always to sub clause (a) above; or (ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by All In Vehicle Inspections.

(f) Except to the extent that liability cannot be excluded, All In Vehicle Inspections, will not be liable to you for claims arising out of or in connection with your access and use of this Report whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

(g) To the full extent permitted by law, All In Vehicle Inspections will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

Excluded

a) Additional accessories included as a result of owner’s modifications

b) Air conditioning efficiency

c) Anti-lock braking system (ABS) mechanics, brake function, lining material and brake drums/discs, limited to what is immediately visible

d) Automatic switching of wipers and lights

e) Body water leaks or reason for leaks

f) Brake function and lining material, brake drums, limited to what is immediately visible

g) Camshaft drive belt

h) Camshaft timing belt or chain

i) Catalytic converters

j) Condition of air systems limited to what is immediately visible

k) Condition of hydraulic systems limited to what is immediately visible

l) Degree of fuel/gas emissions

m) Engine electrical cylinder compression if not available for the vehicle

n) Engine mechanical cylinder compression

o) Engine/motor mountings

p) Estimated expiry of exhaust system, clutch, dual mass flywheels

q) Evidence of brake fluid contamination/hydraulic fluid

r) Fuel/charging flap release

s) Functionality of audio-visual, entertainment system or radio including alarm/security devices, Bluetooth, camera, Cassette, CD, DVD, iPod or Android connectivity, GPS, satellite navigation system, sensors, TV

t) Hybrid/Electric Batteries (start-up battery is checked)

u) LPG systems

v) Meters indicating oil and fuel consumption or the accuracy and degree of oil and fuel consumption

w) Odometer accuracy

x) Oil pump strainer to assess sludge build up

y) Quality, compliance, capacity and engineering of attachments, frames, tow bar and tow balls

z) Reason for oil leaks

aa) Road Test if not safe or legal to do so

bb) Roof condition where a lift or ladder is required to view and assess

cc) Standard to which repairs or service history have been completed

dd) Technical systems

ee) Transmission mechanics including 4x4 engagement and operation after selection (if fitted)

ff) Vehicle electrics and electronics, limited to what is immediately visible and what can be operated at the inspection

gg) Vehicle’s computer systems, such as trip meter computers, cruise control and any other computer systems

hh) Water pump/fan

ii) Wheel cylinders

2. Commercial Vehicles including Truck/Trailers/Bus/Earth Moving/Agricultural Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

Excluded

a) Additional accessories included as a result of owner’s modifications

b) Air conditioning efficiency

c) Anti-lock braking system (ABS) mechanics, pneumatic or hydraulic

d) Automatic switching of wipers and lights

e) Body water leaks or reason for leaks

f) Catalytic converters and any other Emission controls

g) Condition of air systems limited to what is immediately visible and audible at the time

h) Condition of hydraulic and pneumatic systems limited to what is immediately visible and controllable

i) Condition of living areas of vehicle

j) Condition of oils and hydraulic fluid

k) Degree of fuel/gas emissions

l) Drive belts

m) Engine electrical cylinder compression if not available for the vehicle

n) Engine mechanical cylinder compression

o) Engine timing belt, chain or gears

p) Engine/motor mountings

q) Estimated expiry of exhaust system, clutch, dual mass flywheels

r) Evidence of air system contamination

s) Evidence of brake/hydraulic fluid contamination

t) Fuel/charging flap release

u) Functionality of audio-visual, entertainment system or radio including alarm/security devices, Bluetooth, camera, Cassette, CD, DVD, iPod or Android connectivity, GPS, satellite navigation system, sensors, TV

v) Hybrid/Electric Batteries (start-up battery is checked)

w) LPG systems

x) Meters indicating oil and fuel consumption or the accuracy and degree of oil and fuel consumption

y) Odometer/hours accuracy

z) Oil pump strainer to assess sludge build up

aa) Pneumatic or hydraulic brake function and lining material, brake drums, limited to what is immediately visible

bb) Quality, compliance, capacity and engineering of attachments, frames, tow bar, tow balls, turntables

cc) Reason for air/oil/fuel leaks

dd) Road Test if not safe or legal to do so

ee) Road Test where specific licence is required (a person with the correct experience, licence and knowledge may be used in this case)

ff) Roof condition where a lift or ladder is required to view and assess

gg) Standard to which repairs or service history have been completed

hh) Technical systems

ii) Transmission mechanics including 4x4 engagement and operation after selection (if fitted)

jj) Vehicle electrics and electronics, limited to what is immediately visible and what can be operated at the inspection

kk) Vehicle’s computer systems, such as trip meter computers, cruise control and any other computer systems other than what is shown on computer diagnostics

ll) Water pump/fan

mm) Wheel cylinders

3. Motorcycle Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(d) The service provided is a non-intrusive mechanical testing and visual inspection only and All In Vehicle Inspections will not be responsible for any defects that are latent discovered which were not visually apparent during the inspection or active during testing. The inspection will cover the vehicle’s exterior, engine compartment, tyres and wheels, brakes, under body and a road test if the vehicle is in a safe and legal condition where possible. The inspection will specifically not cover the items set out below in the excluded section. No removal of parts or components is undertaken during the inspection process unless to gain access for test equipment such as fluid caps and covers designed to gain access to components such as diagnostic plug covers. You acknowledge that while All In Vehicle Inspections inspectors use industry standards and accepted methods for fault detection, these methods will not necessarily identify all faults with a vehicle. You should consider the age and condition of the vehicle at the time of inspection and any Report should be reviewed in this context. Vehicles are only road tested when safe and legal to do so and only to he speed limit of the local area.

Excluded

a) 2 Stroke Oil Pump Operation and adjustment

b) Additional accessories included as a result of owner’s modifications

c) Air conditioning efficiency

d) Anti-lock braking system (ABS) mechanics, brake function, lining material and brake drums/discs, limited to what is immediately visible

e) Body water leaks or reason for leaks

f) Brake function and lining material, brake drums, limited to what is immediately visible

g) Catalytic converters

h) Condition of internal engine and gearbox components

i) Degree of fuel/gas emissions

j) ECU modification/remapping

k) Engine cylinder compression

l) Engine mountings

m) Engine Overheating

n) Engineering or compliance of any accessory or sidecar attachment

o) Estimated expiry of exhaust system, clutch, dual mass flywheels

p) Evidence of brake fluid contamination/hydraulic fluid

q) Frame and swingarm alignment

r) Functionality of audio/entertainment systems

s) Heated Handle Grip and Seat Operation

t) Meters indicating oil and fuel consumption or the accuracy and degree of oil and fuel consumption

u) Odometer accuracy

v) Oil pump strainer to assess sludge build up

w) Reason for oil leaks

x) Road Test if not safe or legal to do so

y) Standard to which repairs or service history have been completed

z) Technical systems

aa) The operation and/ or roadworthiness of any non genuine parts and accessories fitted, for example aftermarket exhaust systems

bb) Timing chain or belt

cc) Transmission mechanics

dd) Vehicle electrics and electronics, limited to what is immediately visible and what can be operated at the inspection

ee) Vehicle’s computer systems, such as trip meter computers, cruise control and any other computer systems

ff) Water pump/fan

gg) Wheel alignment (handlebar, wheels, final drive)

hh) Wheel cylinders

ii) Wheel spoke tension

4. Trailers (Light vehicle) Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(h) It is the buyers responsibility to check all weights, dimensions and towing restrictions prior to purchase including suitability for the tow vehicle and drivers licence.

(i) It is a requirement that the trailer is fully setup, connected to power and annexes (if fitted) are assembled on a safe and level surface with a clear perimeter around the vehicle. If it is not possible to access or view part of or the whole of the vehicle components, the inspector will be unable to assess and report on those areas at the point of inspection.

Excluded

a) Additional accessories included as a result of owner’s modifications

b) Air conditioning efficiency

c) Anti-lock braking system (ABS) mechanics

d) Body water leaks or reason for leaks

e) Chassis and axle alignment

f) Condition of solar panelling

g) Degree of fuel/gas emissions

h) Drinking Water Tank and Leaks

i) Electric and override Brake function and lining material, brake drums, limited to what is immediately visible

j) Electric expendable living areas

k) Electrical systems and electronics

l) Emergency break away system, or stability system operation for caravans or trailers

m) Evidence of brake fluid contamination

n) Functionality of audio-visual, entertainment system or radio including alarm/security devices, Bluetooth, camera, Cassette, CD, DVD, iPod or Android connectivity, GPS, satellite navigation system, sensors, TV

o) LPG systems

p) Mechanical condition and switching of 12v, 24v or 240v internal lights, switches and plugs

q) Operation of fitted appliances such as BBQ, Refrigerator, Oven, Microwave

r) Quality and compliance of after-market parts and components

s) Quality, compliance, capacity and Engineering of attachments, frames, roof racks, tow hitches

t) Road test

u) Roof condition where a lift or ladder is required to view and assess

v) Standard to which repairs or service history have been completed

w) Technical systems

x) Vehicle plugs internal condition

y) Wheel cylinders

5. Camper Tent Trailers Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(h) It is the buyers responsibility to check all weights, dimensions and towing restrictions prior to purchase including suitability for the tow vehicle and drivers licence.

(i) It is a requirement that the caravan/pop top is fully setup, connected to power and annexes are assembled on a safe and level surface with a clear perimeter around the vehicle. If it is not possible to access or view part of or the whole of the vehicle components, the inspector will be unable to assess and report on those areas at the point of inspection.

Excluded

a) Air conditioning efficiency

b) Anti-lock braking system (ABS) mechanics

c) Bathroom Operation (shower/ toilet) & Facilities

d) Body water leaks or reason for leaks

e) Chassis and axle alignment

f) Condition of solar panelling

g) Degree of fuel/gas emissions

h) Drinking Water Tank and Leaks

i) Electric expendable living areas

j) Electrical systems and electronics

k) Emergency break away system, or stability system operation for caravans or trailers

l) Engineering, compliance and quality of attachments, frames and tow hitches

m) Evidence of brake fluid contamination

n) LPG systems

o) Mechanical condition and switching of 12v, 24v or 240v living area lights, switches and plugs

p) Operation of Refrigerator, Oven, Microwave Appliances

q) Roof condition where a lift or ladder is required to view and assess

r) Condition of living areas

s) Technical systems

t) Upper expandable roof to be raised prior to inspection

u) Vehicle road test

v) Waste Water and Processing Systems

w) Wheel cylinders

6. Caravan/Pop Tops Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(h) It is the buyers responsibility to check all weights, dimensions and towing restrictions prior to purchase including suitability for the tow vehicle and drivers licence.

Excluded

a) Additional accessories included as a result of owner’s modifications

b) Air conditioning efficiency

c) Anti-lock braking system (ABS) mechanics

d) Bathroom Operation (shower/ toilet) & Facilities

e) Body water leaks or reason for leaks

f) Chassis and axle alignment

g) Condition of solar panelling

h) Degree of fuel/gas emissions

i) Drinking Water Tank and Leaks

j) Electric Brake function and lining material, brake drums, limited to what is immediately visible

k) Electric expendable living areas

l) Electrical systems and electronics

m) Emergency break away system, or stability system operation for caravans or trailers

n) Evidence of brake fluid contamination

o) Functionality of audio-visual, entertainment system or radio including alarm/security devices, Bluetooth, camera, Cassette, CD, DVD, iPod or Android connectivity, GPS, satellite navigation system, sensors, TV

p) LPG systems

q) Mechanical condition and switching of 12v, 24v or 240v living area lights, switches and plugs

r) Operation of Refrigerator, Oven, Microwave Appliances

s) Quality, compliance, capacity and Engineering of attachments, frames, tow hitches

t) Roof condition where a lift or ladder is required to view and assess

u) Standard to which repairs or service history have been completed

v) Condition of living areas

w) Technical systems

x) Upper expandable roof to be raised prior to inspection

y) Vehicle plugs internal condition

z) Vehicle road test

aa) Vehicle’s computer systems, such as trip meter computers, cruise control and any other computer systems

bb) Waste Water and Processing Systems

cc) Wheel cylinders

7. Motorhomes/RVs Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(h) It is the buyers responsibility to check all weights, dimensions and towing restrictions prior to purchase including suitability for the towing/towed capacity of the vehicle and drivers licence.

(i) It is a requirement that the motorhome or RV is fully setup, connected to power and annexes are assembled on a safe and level surface with a clear perimeter around the vehicle. If it is not possible to access or view part of or the whole of the vehicle components, the inspector will be unable to assess and report on those areas at the point of inspection.

Excluded

a) Additional accessories included as a result of owner’s modifications

b) Air conditioning efficiency

c) Anti-lock braking system (ABS) mechanics

d) Bathroom Operation (shower/ toilet) & Facilities

e) Body water leaks or reason for leaks

f) Brake function and lining material, brake drums, limited to what is immediately visible

g) Catalytic converters

h) Chassis and axle alignment

i) Condition of solar panelling

j) Degree of gas emissions

k) Drinking Water Tank and Leaks

l) Electric expendable living areas

m) Electrical systems and electronics

n) Engine cylinder compression

o) Engine mountings

p) Engine timing belt or chain and drive belts

q) Estimated expiry of exhaust system, clutch, dual mass flywheels

r) Functionality of audio-visual, entertainment system or radio including alarm/security devices, Bluetooth, camera, Cassette, CD, DVD, iPod or Android connectivity, GPS, satellite navigation system, sensors, TV

s) LPG systems

t) Mechanical condition and switching of 12v, 24v or 240v living area lights, switches and plugs

u) Meters indicating oil and fuel consumption or the accuracy and degree of oil and fuel consumption

v) Odometer accuracy

w) Oil pump strainer to assess sludge build up

x) Operation of Refrigerator, Oven, Microwave Appliances

y) Quality, compliance, capacity and engineering of attachments, frames, tow bar and tow balls

z) Reason for oil leaks

aa) Roof condition where a lift or ladder is required to view and assess

bb) Standard to which repairs or service history have been completed

cc) Condition of living areas

dd) Technical systems

ee) Transmission mechanics including 4x4 engagement or operation after selection

ff) Upper expandable roof to be raised prior to inspection

gg) Vehicle’s computer systems, such as trip meter computers, cruise control and any other computer systems

hh) Waste Water and Processing Systems

ii) Water pump/fan

jj) Wheel cylinders

8. Virtual Video Inspection Disclaimer and Excluded Items

By booking a vehicle inspection with All In Vehicle Inspections (trading name for The Trustee for All In Biz Trading Trust - ABN: 86185532240), you agree to the following:

(a) Your use of this Inspection Report from All In Vehicle Inspections is subject to the Virtual Video Inspection General Terms of Service and to the following disclaimer and excluded items for Virtual Video Inspections.

(c) The Report is not a roadworthy certificate and cannot be used as a roadworthy. The Report provided by All In Vehicle Inspections to you is only current as at the time it is issued. It is a buyer’s responsibility to conduct a visual inspection of the vehicle at the point of sale as All In Vehicle Inspections can only advise on the condition of the vehicle at the time of inspection. You acknowledge that All In Vehicle Inspections does not check for any manufacturer recall notices such as airbags or any after-market modifications and you should check that the vehicle is not subject to a recall notice.

(d) The service provided is conducted via a live video chat, and is visual inspection only and All In Vehicle Inspections will not be responsible for any defects that are latent discovered which were not visually apparent on the screen during the Virtual Video Inspection. The inspection will cover the vehicle’s exterior, interior, engine compartment, tyres and wheels. The inspection will specifically not cover the excluded items below, unless the seller makes specific disclosures in relation to those items or issues are visible on the screen during the Virtual Video Inspection. No removal of parts or components will be done by the owner. No road test or driving of the vehicle is undertaken during the virtual video inspection process.

(h) If the vehicle being inspected is a motorhome, RV, caravan, pop top, camper trailer etc It is a requirement that it is fully setup, connected to power and annexes are assembled on a safe and level surface with a clear perimeter around the vehicle before the virtual video inspection takes place. If it is not possible to access or view part of or the whole of the vehicle components, the inspector will be unable to assess and report on those areas at the point of inspection.

Excluded

a) Additional accessories included as a result of owner’s modifications

b) All mountings/rubbers/brushes

c) Anti-lock braking system (ABS) mechanics

d) Any additional accessories included as a result of the owner’s modifications

e) Bathroom operation (shower/toilet) and facilities (if applicable)

f) Body water leaks or reason for leaks

g) Brake function and lining material, brake drums, limited to what is immediately visible

h) Catalytic converters

i) Chassis and axle alignment

j) Condition of any solar panelling

k) Damage to the undercarriage or chassis

l) Degree of gas emissions

m) Dimensions and towing restrictions

n) Drinking water tank and leaks (if applicable)

o) Electric expandable living areas (if applicable)

p) Emergency break away system, or stability system operation for caravans or trailers

q) Engine cylinder compression

r) Engine mountings

s) Engine timing belt or chain and drive belt

t) Engine/running noise

u) Estimated expiry of exhaust system, clutch, dual mass flywheels

v) Evidence of brake fluid contamination/hydraulic fluid

w) Functionality of audio-visual, entertainment system or radio including alarm/security devices, Bluetooth, camera, Cassette, CD, DVD, iPod or Android connectivity, GPS, satellite navigation system, sensors, TV

x) Hail or flood damage

y) Hybrid/Electric vehicle batteries

z) LPG systems or gas plumbing

aa) Mechanical condition and switching of 12v, 24v or 240v living area lights, switches and plugs

bb) Mechanical switching of wipers and lights

cc) Meters indicating oil and fuel consumption or the accuracy and degree of oil and fuel consumption

dd) Odometer accuracy

ee) Oil leaks or reason for oil leaks

ff) Oil level and condition

gg) Oil pump strainer to assess sludge build up

hh) Operation of fire safety equipment

ii) Operation of refrigerator, oven, microwave and other similar appliances (if applicable)

jj) Paint repairs/paint appearance

kk) Prior accident damage

ll) Quality, compliance, capacity and engineering of attachments, frames, tow bar, tow balls and tow hitches

mm) Road Test

nn) Roof condition where a lift or ladder is required to view and assess

oo) Rust

pp) Standard to which repairs or service history have been completed

qq) Condition of living areas of motorhomes or caravans

rr) Technical systems

ss) The functioning of air conditioning

tt) Transmission mechanics including 4x4 engagement or operation after selection

uu) Upper expandable roof to be raised prior to assessment

vv) Vehicle electrics and electronics

ww) Vehicle modifications/non genuine items

xx) Vehicle’s computer systems, such as trip meter computers, cruise control and any other computer systems

yy) Wastewater and processing systems (if applicable)

zz) Water pump/fan/cooling system components

aaa) Wear and condition to underneath vehicle such as suspension, steering and braking components

bbb) Wheel cylinders

Section 3 - Repair Agreement Terms and Conditions

All In Vehicle Inspections core business is vehicle inspections and are independent from repair facility or organisation. However from time to time, All In Vehicle Inspections may elect to carry out repairs to customer vehicles such as services, repairs or warranty rectification as opposed to nominating an external company. By requesting this work to be completed on any vehicle either owned by the customer or has the authority to request services to be undertaken by the employer or company, the customer agrees to the following Repair Authority Terms and Conditions:

1. Definitions

“ACL” means the Australian Consumer Law 2011 as amended from time to time.

“Agreement” means this Repair Agreement.

“Customer” means the person/s or entity named in the Repair Order and includes their personal representatives, successors, administrators and assigns.

“Repairer” means the company named as such in the Repair Order and includes where relevant any contractor engaged by the Repairer to effect any part of the Works.

“Repair Order” means the form overleaf detailing the Works to be effected in respect of the Vehicle.

“Total Price” means the full amount payable by the Customer to the Repairer for effecting the Works calculated as specified in clause 5.

“Vehicle” means the vehicle owned or in the possession of the Customer as detailed in the Repair Order.

“Works” means the labour, parts and material to be supplied by the Repairer to effect the service or repairs to the Vehicle listed in the Repair Order.

2. Customer’s Obligations

2.1. (a) By signing the Repair Order or verbally authorising the Repairer to carry out the Works, the Customer warrants that they own the Vehicle or, if the Vehicle is under finance, that they have the sole right to possession and use of the Vehicle.

(b) If clause 2.1(a) does not apply to the Customer, the Customer must provide the Repairer with evidence satisfactory to the Repairer that the Customer has the owner’s authority to contract with the Repairer to carry out the Works to the Vehicle.

2.2. The Customer warrants the accuracy of the service and use history of the Vehicle related to the Repairer at the time the Repair Order was signed or the Works authorised by the Customer.

2.3. The Customer will be readily available while the Repairer is effecting the Works to provide further instructions and authorisation if the Repairer determines that different or additional Works to those listed in the Repair Order will be required.

2.4. The Customer will promptly pay the Repairer any amount/s the Repairer requires by way of deposit or payment on account of work-in-progress for the Works.

2.5. The Customer is responsible to make backup copies of all data stored in the Vehicle’s devices including, but not limited to, integrated multi-media devices, satellite navigation systems, trip computers, blue tooth settings, electronic address books, telephone numbers, radio codes and SMS. By signing the Repair Order or authorising the Works, the Customer acknowledges having being given the repair notice that appears on the Repair Order. To the full extent permitted by law, the Customer releases the Repairer from any loss or damage to stored data.

2.6. If the Customer does not comply with their obligations under this Agreement, the Repairer may cancel or suspend the Works and retain possession of the Vehicle until the Customer complies with its obligations. The Repairer will not be liable for any loss or damage suffered by the Customer as a result of any such cancellation, suspension or retention.

3. Customer’s Authorisations

3.1. The Customer gives the Repairer the following authorisation to enable the Repairer to effect the Works:

(a) to purchase the parts and materials it requires to effect the Works in accordance with the Repair Order;

(b) to allow the Repairer’s staff to operate the Vehicle anywhere and at any time for the purpose of effecting the Works;

(c) to effect the Works in accordance with the Repair Order once the Customer signs the Repair Order or verbally authorises the Works;

(d) to sublet some or all of the Works and to deliver and collect the Vehicle from the premises of any contractor to whom the Works are sublet; and

(e) where the Repair Order was compiled by the Repairer without the opportunity to fully inspect or test the Vehicle, the Customer authorises the Repairer to effect such other Works as the Repairer deems necessary once full inspection or testing is possible; this authority extends to the Repairer effecting such different or additional Works that it deems necessary to return the Vehicle to the Customer in roadworthy condition.

3.2. In relation to the authorisations contained in clause 3.1:

(a) As regards clause 3.1(a), if for any reason the Customer cancels the Repair Order, the Customer will be liable to pay for any parts or materials especially ordered to effect the Works which the Repairer determines cannot readily be used for other customers’ works.

(b) In relation to clause 3.1(b), the Customer agrees that the Vehicle is operated by the Repairer’s staff as agent for and on behalf of the Customer and without being liable to the Customer or the owner of the Vehicle for any loss or damage to the Vehicle while in the possession of the Repairer or any contractor of the Repairer.

(c) In relation to clause 3.1(c), the Repairer will use its reasonable endeavours to complete the Works within the time estimated in the Repair Order, however the Repairer will not be liable for any loss or damage sustained by the Customer by reason of any delay beyond the reasonable control of the Repairer. If different or additional Works become necessary, then those Works will be completed within a reasonable time of the original estimate.

(d) In relation to clause 3.1(d), the Repairer will use its reasonable endeavours to contact the Customer to obtain express authority to conduct the different or additional Works however, if contact is not made for this purpose, the Customer still authorises the Repairer to carry out these Works.

4. Warranties

4.1. The Repairer warrants that it will perform the Works as detailed in the Repair Order with due care and skill using good quality materials and parts as provided for in clause 8 of these terms.

4.2. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

4.3. If the ACL does not apply, the Customer agrees to the Repairer limiting the Repairer’s liability for failure to comply with a guarantee given under the ACL to the following:

(a) In the case of goods sold:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(b) In the case of services provided:

(i) the payment of the cost of having the goods repaired;

(ii) the supplying of the services again; or

(iii) the payment of the cost of having the services supplied again.

5. Total Price

5.1. The Customer acknowledges that the quoted price for the Works stated in the Repair Order is an estimate only and is subject to variation due to either:

(a) an increase in the cost of supplying labour, parts and materials after the quoted price was given;

(b) the need to effect different or additional Works to render the Vehicle roadworthy.

5.2. The Customer agrees to pay for different or additional Works at the Repairer’s then customary rate charged for labour and for the landed invoice cost of parts and materials marked up by the Repairer’s customary margin.

5.3. The Total Price will be the amount stated in the Repairer’s service tax invoice being the sum of the Repairer’s labour, parts and materials charges, together with any applicable taxes, levies, interest on late payments and/or storage charges that may have been incurred and credit card surcharge payable under clause 5.5(c).

5.4. The Customer will pay the Total Price to the Repairer as follows:

(a) if a cash Customer, within three (3) business days of being notified by the Repairer that the Works have been completed and the Vehicle is ready for collection by the Customer;

(b) if an invoice Customer, within three (3) business days of being notified by the Repairer via an invoice that the Works have been completed and the Vehicle repair has been completed as per request by the Customer;

5.5. (a) The Customer must pay the Total Price in cleared funds, whether by cash, bank cheque or credit card.

(b) If the Customer elects to pay by eftpos or direct deposit to the Repairer’s bank account, the Repairer is entitled to sight satisfactory evidence of the deposit of cleared funds to its bank account before releasing the Vehicle to the Customer.

(c) If the Customer pays by credit card, the Customer agrees to pay the credit card surcharge notified by the Repairer the amount of which the Repairer will determine in accordance with applicable legislation.

5.6. The Total Price payable will include any GST payable by the Repairer on any taxable supplies detailed in the service tax invoice.

6. Repairer’s Rights

6.1. If the Customer fails to pay some or all of the Total Price in accordance with clause 5, the Customer will pay the Repairer the following additional amounts:

(a) interest on the unpaid amount charged at the rate of 24% per annum from the date the service tax invoice is issued until the date of actual payment; and

(b) a charge to store the Vehicle at the Repairer’s premises at the rate of $25.00 per day from the date the Repairer notified the Customer that the Vehicle was ready for collection to the date of actual payment.

6.2. (a) The Customer agrees to the creation of a Repairer’s lien over the Vehicle.

(b) The Repairer has the right to retain possession of the Vehicle until all amounts owing to the Repairer by the Customer have been paid.

(c) The Customer has no claim against the Repairer for any loss or damage arising from the exercise of the lien over the Vehicle by the Repairer.

(d) If the Vehicle is in the possession of another contractor to whom repair work was sublet, then the Customer agrees that the Repairer’s lien may be effected upon the Vehicle by the Repairer’s contractor as if the Repairer was exercising its rights of lien direct against the Customer.

6.3. The Repairer’s rights in clauses 6 and 7 are in addition to and do not limit the rights given to the Unclaimed Goods Act 1987 (SA).

7. Security Interest

7.1. The Customer grants the Repairer a security interest in the Vehicle to secure payment of all amounts owing by the Customer to the Repairer in respect of the Works effected, including the Total Price stated in the tax invoice, interest, storage charges and all costs incurred by the Repairer for the recovery of any such moneys unpaid.

7.2. The Customer agrees that the security interest over the Vehicle gives the Repairer the right to retain and/or seize and dispose of the Vehicle if the Customer fails to pay any such amount stated in clause 5 within seven (7) days of a formal written demand for the payment of all such amounts being sent to the Customer at the address (including any email address) shown in the Repair Order.

7.3. The Customer as the grantor of the security created in this clause 7 waives the requirement for notices under the Personal Property Securities Act 2009 (Cth). The Customer will provide the Repairer with the names and addresses of any grantor of any existing security interest over the Vehicle.

7.4. The creation of the security interest over the Vehicle under this clause 7 is additional to and does not derogate from the Repairer’s other rights under this Agreement, including the Repairer’s lien.

7.5. Upon disposal of the Vehicle the Repairer as the right to apply the net sale proceeds in full or partial discharge of all amounts then owing to the Repairer and will account to and pay the Customer the balance of the sale proceeds (if any) within a reasonable time of disposal of the Vehicle.

7.6. The Customer, either as the owner of the Vehicle or as the agent of the owner of the Vehicle, consents to the registration of the security interest created in this clause 7 on the Personal Property Securities Register.

8. Parts

8.1. The Repairer will wherever possible use only genuine parts supplied or recommended by the manufacturer of the vehicle or approved non-genuine parts from suppliers such as Repco , Burson Auto Parts etc., however the Repairer will solely determine the parts to be used unless specifically directed otherwise by the Customer before the commencement of the Works.

8.2. If the Repairer is directed to or elects to use any parts other than a new genuine part to effect the Works, the Repairer for the purposes of section 54(4)(b) of the ACL specifically draws to the Customer’s attention the possibility that these parts are not of acceptable quality by reason of the fact that they are used or are non-genuine parts.

9. Risk

9.1. The Repairer will effect the Works taking all necessary steps to avoid loss or damage to the Vehicle.

9.2. If despite taking such steps, the Vehicle is lost or damaged while in the possession of the Repairer, the Customer releases the Repairer from all liability for such loss or damage to the Vehicle.

9.3. The Repairer will not necessarily effect insurance over the Customer’s Vehicle while it is in the Repairer’s possession. Insuring the Vehicle for loss or damage while in the possession of the Repairer will be the sole responsibility of the Customer.

10. Personal Information

10.1. The personal information provided by or for the Customer in this Repair Order (“Information”) is collected by the Repairer to provide the Customer with products and services. The Information may be disclosed to the Vehicle’s manufacturer, other members of the All In Biz Group of Companies and third party service providers acting on behalf of the Repairer under conditions of confidentiality specifically in relation to the provision of products and services to the Customer.

10.2. The Customer agrees that the Repairer may also use the Information to send the Customer material or contact the Customer about products or services.

10.3. The Repairer will take all reasonable steps to ensure that the Information is kept safe from misuse, loss, unauthorised access, modification and/or disclosure. A full copy of the Repairer’s privacy statement can be viewed at www.allinvehicleinspections.com.au

10.4. If the Customer no longer wishes the Repairer and the other parties mentioned to have access to the private information then the Customer must notify the Repairer of this requirement in writing. The Repairer will within a reasonable time of notification cease all access to the information.

Section 4 - Parts and Goods Agreement Terms of Service

1. Definitions

“ACL” means the Australian Consumer Law 2011 which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

“Agreement” means this Parts Sale Agreement which consists of the Parts Tax Invoice and these Terms and Conditions.

“Customer” means the person/s or entity named in the Parts Tax Invoice and includes their personal representatives, successors, administrators and assigns; for convenience the Customer may be referred to as “they” or “them” in this Agreement.

“GST” means the goods and services tax as defined in the GST Law.

"GST Law" means a New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.

“Parts” means the motor vehicle parts accessories and other products listed in the Parts Tax Invoice; they include parts added or substituted by the Supplier as provided for in these Terms and Conditions.

“Parts Tax Invoice” means the invoice detailing the Parts sold by the Supplier to the Customer.

"PPSA" means the Personal Properties Securities Act 2009 (Cth), as amended.

“Supplier” means the company named as such in the Parts Tax Invoice and includes any other member of the All In Biz Group of Companies which supplies the Parts to the Customer.

“Tax Invoice” has the meaning given to it under the GST Law.

“Terms and Conditions” means the terms and conditions set out in this document and which are published on the Supplier’s website, varied from time to time as provided for in this Agreement.

“Total Price” means the total amount payable by the Customer to the Supplier for the purchase and delivery of the Parts, including GST, as detailed in the description section of the Parts Tax Invoice which may be varied by the Supplier in accordance with the provisions of this Agreement.

2. Formation of Agreement

2.1. Each time the Customer places an order for the supply of any Parts with the Supplier, the order constitutes an offer by the Customer to purchase the Parts as detailed in the Parts Tax Invoice on these Terms and Conditions.

2.2. Upon the Supplier accepting the Customer’s order for the Parts, an Agreement is formed for the sale and purchase of the Parts ordered on the terms and conditions set out in this document. A copy of these terms and conditions will be available from the Supplier’s premises and will be posted on the Supplier’s website.

2.3. For the purposes of clause 2.2, the Supplier may accept the Customer’s order for Parts by notifying the Customer that the Parts ordered are available. This notification may be given by phone, staff in person or email.

2.4. Except as imposed by the ACL or other applicable law, all other terms purported to be imposed or implied by the Customer in respect of the ordering, sale and supply of the Parts, including any standard term contained in the Customer’s purchase order, are excluded from this Agreement.

2.5. These Terms and Conditions may be varied only in the following ways:

(a) for a particular sale of Parts – by a written notation of the variation on the Parts Tax Invoice expressly agreed to by both parties prior to delivery of the Parts; or

(b) generally – by the Supplier posting the proposed variation and notifying the Customer of the date that the variation will be effective on its website; the Customer agrees that the variation will apply on and from the date stated on the Supplier’s website.

3. Price

3.1. The Customer acknowledges that the Total Price stated in the Parts Tax Invoice is the price of the Parts based on costs and circumstances as they existed when the Parts were ordered from the Supplier.

3.2. If there is any change in these costs and/or circumstances before delivery of the Parts, the Customer agrees to pay the Supplier the Total Price varied as provided for in this clause 3.3.

3.3. For the purposes of clause 3.2, a change in costs and/or circumstances includes any increase in the landed invoiced cost of the Parts payable by the Supplier to its usual provider (or to another provider if the Parts become unavailable after the Supplier accepts the Parts Order) any increase in taxes payable by the Supplier on the Parts.

3.4. While the Supplier will use its best endeavours to notify the Customer of any increase in the Total Price effected pursuant to this clause 3, the Customer will be bound to pay the increased Total Price upon delivery of the Parts and any increase in the cost to supply the Parts to the Customer.

4. Payment

4.1. The Total Price must be paid for the Parts in cash, by electronic funds transfer or direct deposit to the Supplier’s bank account detailed in the Parts Tax Invoice or by credit card, prior to or upon delivery of the Parts.

4.2. If the supply of the Parts to the Customer is a supply in respect of which GST is payable, the Customer must pay GST in addition to the consideration payable for the Parts and in which case, the Supplier will provide the Customer with a Tax Invoice. The Customer accepts the Parts Tax Invoice as compliant with the GST Law.

4.3. If the Customer pays by credit card, the Customer agrees to pay the credit card surcharge notified by the Supplier, the amount of which the Supplier will determine in accordance with applicable legislation.

4.4. The Supplier may, but is not obliged to, accept payment for the Parts by cheque, whether personal or drawn on a bank or other financial institution. If the Supplier accepts a cheque in payment for the Parts which is not duly honoured upon presentation, the Customer agrees to pay the Supplier all bank charges associated with the dishonourment.

4.5. The Customer acknowledges that unless and until they have a fully signed credit arrangement in place with the Supplier, all Parts must be paid for by one of the methods set out in this clause 4.

4.6. Notwithstanding the provisions of any credit arrangements entered into between the Supplier and the Customer, the Supplier may at any time and without the need to provide any reason, vary or withdraw any credit granted to the Customer and instead insist on payment of the Total Price in one of the methods provided for in this clause 4.

4.7. If the Total Price is not paid in cleared funds by the time the Supplier intends to deliver the Parts to the Customer, then the Supplier may at its election, defer delivery of the Parts or cancel this Agreement upon giving notice of cancellation to the Customer by phone, in person or by email and in that event:

(a) the Customer releases the Supplier from any liability for loss or damage occasioned by the Customer arising from the deferral of delivery of the Parts or cancellation of this Agreement; and

(b) the Customer will be liable to compensate the Supplier for any loss or damage it suffers for loss of profit, the cost of restocking and/or the cost of holding Parts specifically obtained to fulfil its obligations under this Agreement.

5. Supply and Delivery

5.1. Any statement as to the intended time and date for availability or delivery of the Parts is accepted by the Customer as an estimate only and will not be binding upon the Supplier.

5.2. The Customer will accept delivery of the Parts by instalments if the entire consignment of Parts ordered by the Customer is not available to the Supplier at the proposed time of delivery.

5.3. Delivery of the Parts will be effected at the Supplier’s premises at the address shown in the Parts Tax Invoice, regardless of whether the Customer or the Supplier arrange for the collection and transport of the Parts to the Customer’s premises or another address.

5.4. Risk in the Parts passes to the Customer upon delivery.

5.5. Delivery of the Parts is effected when the Supplier notifies the Customer that the Parts are available for collection.

5.6. The Supplier is not obliged to deliver or release the Parts to the Customer until the Total Price is paid.

5.7. If the Supplier itself or through a contractor agrees to transport the Parts to the Customer or to an address nominated by the Customer, then risk in the Parts remains with the Customer and neither the Supplier nor its contractor will be liable to the Customer for any loss or damage to or deterioration of the Parts or for mis-delivery, failure to deliver or delay in delivery of some or all of the Parts.

5.8. If the Supplier or its contractor enter upon the Customer’s premises or other nominated premises in the course of transporting the Parts at the direction of the Customer, the Customer releases the Supplier and its contractor from any claims for damage to the premises or injury to any person in or about the premises which occurs during delivery to such premises and will indemnify the Supplier against any loss, damage or expense suffered by the Supplier in consequence of any such damage or injury.

5.9. The Customer will be solely responsible to effect insurance over the Parts during transit to any address.

6. Title and Security

6.1. Legal and beneficial title in and to the Parts will pass to the Customer upon the Supplier receiving the Total Price in cleared funds.

6.2. If the Customer comes into possession of the Parts before title passes, the Customer:

(a) holds the Parts as fiduciary bailee of the Supplier;
(b) must not encumber the Parts in any way;
(c) must store the Parts separately and make them available for inspection by the Supplier upon reasonable notice being given;
(d) may sell the Parts in the ordinary course of the Customer’s business but in that case, the sale proceeds of the Parts are charged with the Customer’s obligation to pay the Total Price in full to the Supplier; and
(e) authorises the Supplier to enter upon the Customer’s premises or any premises under the Customer’s control and repossess the Parts, resell them and apply the proceeds of sale against any amount owing by the Customer to the Supplier.

6.3. The Customer acknowledges and agrees that:

(a) this Agreement constitutes a security agreement for the purposes of the PPSA and the rights given to the Supplier under this clause 6 constitute a purchase money security interest over all Parts provided or to be provided to the Customer under this Agreement, to secure the payment of the Total Price payable by the Customer to the Supplier from time to time;
(b) the Customer expressly consents to the granting of this security interest;
(c) the Supplier is entitled to take all steps necessary to protect and register the purchase money security interest in the Parts under the PPSA;
(d) upon request, the Customer will promptly sign any documents and provide any information which the Supplier may request, as necessary to register, perfect or otherwise protect and enforce the Supplier's security interest in the Parts;
(e) as the grantor of the security, the Customer waives the requirement for notices under the PPSA;
(f) until the Total Price has been paid and title in the Parts has passed to the Customer, it will not register, or permit to be registered, any security interest in the Parts without the prior written consent of the Supplier; and
(g) it is responsible for all costs and expenses incurred by the Supplier (including legal costs and expenses on a solicitor and own client basis) to enforce the security granted pursuant to this clause 6.

6.4. The Customer grants to the Supplier a lien over all Parts which have been ordered but neither paid for in full nor collected by the Customer. Pursuant to this lien:

(a) the Supplier has the right to retain possession of the Parts until the Total Price has been paid;
(b) if, within 7 days of receiving a notice of intended sale from the Supplier, the Customer fails to pay the Total Price or the balance of the Total Price then owing, the Supplier may sell the Parts and deduct the net sale proceeds from any amount owing by the Customer to the Supplier, whether under this Agreement or any other agreement that it has with the Supplier;
(c) this lien is a specific property interest created by agreement and does not interfere with or replace any other security interest granted by the Customer to the Supplier under this Agreement or by effect of Law;
(d) the Customer has no claim against the Supplier for any loss or damage arising from the exercise of the lien over the Parts by the Supplier.

7. Returns

7.1. The Supplier may, at its discretion, accept "change of mind" return of Parts in exchange for a cash refund or credit. The Customer must provide its invoice number, date of purchase and, if the Supplier agrees to accept the return of Parts, the Customer must pay all return freight charges.

7.2. The amount of refund or credit to be provided to the Customer for a return accepted by the Supplier under clause 7.1 will be, unless otherwise agreed by the Supplier:

(a) 100% of the sale price (inclusive of GST) paid by the Customer for the Parts, if returned within 7 days of initial delivery;
(b) 10% of the sale price (inclusive of GST) paid by the Customer for the Parts, if returned 8 to 30 days (inclusive) after initial delivery; and
(c) Nil, if the Parts are returned more than 30 days after delivery; and
(d) Nil, if the Parts were specifically procured for the Customer.

7.3. If the Customer claims that any of the Parts were damaged on delivery, were not as ordered or the consignment of those Parts was short or misdelivered, then this claim must be brought to the attention of the Supplier within 7 days of delivery, failing which the Customer waives any claim arising.

7.4. The Supplier will provide the Customer with the correct Parts and/or quantity at no additional cost to the Customer within a reasonable time of accepting the claim.

7.5. The Supplier’s acceptance of a claim under clause 7.3 is conditional upon the Parts being unused, in a re-saleable condition and being returned by the time specified by the Supplier.

8. Warranty and Liability

8.1. Subject to clause 8.2, the Supplier sells the Parts to the Customer with only the guarantee or warranty given by the manufacturer and/or importer of the Parts.

8.2. Clause 8.3 applies if the Customer is a “consumer” for the purposes of the ACL. For this purpose, “you” means the Customer, “our” means the Supplier and “goods” means the Parts.

8.3. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.4. If the Customer is not a “consumer” for the purposes of the ACL, then the Customer agrees that:

(a) it does not rely on the skill or judgment of the Supplier as to the suitability of the Parts for any particular purpose;
(b) any sample, catalogue or brochure shown to the Customer is solely for the purpose of enabling the Customer to judge the normal commercial quality and finish of the Parts and not so as to constitute a sale by sample or a sale by description;
(c) all warranties which may be excluded by agreement relating in any way to the Parts are excluded;
(d) the Supplier is not obliged to accept a return of any Parts or to replace or repair any defective Parts beyond its obligation to do so under the manufacturer’s and/or importer’s guarantee or warranty; and
(e) if notwithstanding the exclusion of liability provided in this clause 8, the Supplier is liable for a breach of warranty or a breach of this Agreement as regards the acceptability or quality of the Parts, then the Supplier’s liability shall be limited, at its option, to repairing or replacing the Part/s or paying a repairer or a supplier the cost to repair or replace the Parts.

8.5. The Customer acknowledges that the Supplier advised the Customer that Parts be fitted by suitably qualified persons. The Supplier makes no representation that all Parts will be delivered with fitment instructions, as they are intended for fitment by qualified persons.

8.6. Parts damaged during installation or off-road use will not be considered faulty and will not be accepted for return by the Supplier.

8.7. Warranty claims

(a) The Customer acknowledges that the Parts may need to be returned to the Supplier to determine the fault/issue and whether the Customer is entitled to a warranty claim.
(b) The Customer is responsible for all postage or freight costs associated with the return of the Parts to the Supplier for assessment and replacement of Parts pursuant to a warranty claim.
(c) Where the manufacturer's and/or importers warranty covers the replacement of the Parts only, the Customer is responsible for any labour, fitting or other expenses of or incidental to obtaining a repair or replacement of the Part.
(d) Where the Customer has contributed to the failure of the Parts, the Supplier may reject the warranty claim in which case, the Customer is responsible for the cost of retrieving the Parts.
(e) Any warranty is void if the Part has been modified, altered or tampered with by a person not authorised by the Supplier.

8.8. To the extent permitted by Law and except as expressly provided to the contrary in these Terms and Conditions, the Supplier shall not be liable (contractual, tortious or otherwise) to the Customer in respect of any loss or damage (including without limitation, consequential loss or damage) howsoever caused which may be suffered or incurred by the Customer directly or indirectly in respect of the supply and/or use of the Parts.

8.9. The Customer acknowledges that:

(a) if it elects to purchase for onsale or use in the repair or servicing of any vehicle, any part which is non-genuine or non-approved by the manufacturer of the vehicle involved, then the Customer or the owner of the vehicle concerned may be in breach of the terms of the vehicle’s warranty;
(b) for the purposes of section 54(4)(b) of the ACL, this clause 8 has the effect of specifically drawing to the Customer’s attention the possibility that the Part/s are not of acceptable quality because they are non-genuine or non-manufacturer approved Parts; and
(c) the Supplier does not warrant that the Parts are legal or safe for use with the intended vehicle or equipment. The Customer is responsible for ensuring that the intended use of the Parts is appropriate and compatible with the intended vehicle or other equipment and complies with all laws which apply to the Customer’s vehicle or equipment.

9. Personal Information

9.1. The Customer agrees that the Supplier may use any personal information supplied by the Customer for the purposes of, and strictly in accordance with, the Supplier’s Privacy Policy which appears on the Supplier’s website.

9.2. If the Customer no longer wishes the Supplier and the other parties referred to in the Supplier’s Privacy Policy to have access to the personal information supplied by the Customer, then the Customer must notify the Supplier of this requirement in writing. The Supplier will, within a reasonable time of notification, cease all access to such information.

10. General

10.1. Any unlawful, invalid or unenforceable term will not invalidate or affect the interpretation of the balance of this Agreement, but such unlawful, invalid or unenforceable term will be severed from this Agreement.

10.2. No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver.

10.3. The Supplier may subcontract the supply or delivery of the Parts.

10.4. The Customer cannot assign this Agreement without the consent of the Supplier.

10.5. The parties consent to the application of the Electronic Transactions Act 2000 (SA) to this Agreement.

10.6. (a) Notices posted to the Customer by ordinary pre-paid mail to the Customer’s address shown in this Agreement shall be sufficiently given to the Customer and shall be deemed to have been received by the Customer on the second working day after posting.
(b) Notices sent to the Customer by email shall be deemed to have been received when the email becomes capable of being retrieved by the addressee at the addressee’s email address.

10.7. This Agreement shall be governed by the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of South Australia.

Annexure 2 – Inspection Service Area

Service Areas

More than 50km from these centres, a regional surcharge may apply

Adelaide SA 5000, Australia