TERMS
TERMS & CONDITIONS
ABN 54 557 385 373 Trading as Empire Window Tinting & Vinyl Graphics
1. Definitions
In these Terms:
Agreement means any agreement or contract entered into for the Services provided by Empire Window Tinting & Vinyl Graphics to you;
Goods means the automotive tinting goods that form part of the Services;
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999;
Job means an order or request for the Services;
Services means the supply and installation of the Goods to the Vehicle and any other incidental services provided by Empire Window Tinting & Vinyl Graphics to you;
Store means any of the automotive tinting stores, sites or locations where Goods and Services are provided by Empire Window Tinting & Vinyl Graphics;
Terms means these Terms and Conditions of Sale;
Empire Window Tinting & Vinyl Graphics ABN 54 557 385 373 trading as Empire Window Tinting & Vinyl Graphics;
Vehicle means the motor vehicle delivered to Empire Window Tinting & Vinyl Graphics Store by you or collected pursuant to clause 11 for the purpose of providing the Services; and
You or your means a person, firm or corporation, jointly and severally if there is more than one, acquiring Services from Empire Window Tinting & Vinyl Graphics.
2. Basis of Agreement
2.1 Unless otherwise agreed by Empire Window Tinting & Vinyl Graphics in writing, the Terms apply exclusively to every Agreement.
2.2 Any written quotation provided by Empire Window Tinting & Vinyl Graphics to you concerning the proposed supply of Services is valid for 30 days, is an invitation to treat only, and is subject to you offering to enter into an Agreement and accepting these Terms.
2.3 Empire Window Tinting & Vinyl Graphics quotation may include additional terms which are not consistent with the Terms.
2.4 The Agreement is accepted by Empire Window Tinting & Vinyl Graphics when it confirms acceptance of an offer from you in writing or electronic means or provides you with the Services.
2.5 Empire Window Tinting & Vinyl Graphics may vary these Terms at any time.
3. Pricing
3.1 Prices quoted for the supply of the Services will include GST and any other taxes or duties imposed on or in relation to the Services (unless otherwise indicated). In addition to payment of the price for the Services, you must pay any GST and any other taxes or duties imposed in relation to the Services.
3.2 If you request any variation to an Agreement, Empire Window Tinting & Vinyl Graphics may increase the price to account for the variation.
3.3 Where there is any change in the costs incurred by Empire Window Tinting & Vinyl Graphics in relation to the Services, Empire Window Tinting & Vinyl Graphics may vary its price for the Services in order to take account of any such change by notifying you.
4. Payment
4.1 Payment for the Services must be made in full upon completion of the Services and prior to release of your Vehicle.
4.2 Empire Window Tinting & Vinyl Graphics will only accept payment in the form of cash, credit card or bank cheque.
4.3 Empire Window Tinting & Vinyl Graphics has the right to require a deposit.
5. Payment Default
5.1 If you default in payment of any amount payable to Empire Window Tinting & Vinyl Graphics in accordance with clause 4 above, then Empire Window Tinting & Vinyl Graphics may, without prejudice to any other remedy available to it:
(a) Charge you interest, which shall accumulate on a daily basis on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Qld) plus 4 per cent for the period from the due date until the date of payment in full;
(b) Any payments made by you will first be applied to any interest payable and then in reduction of any other amount owed to Empire Window Tinting & Vinyl Graphics;
(c) Charge you for, and you must indemnify Empire Window Tinting & Vinyl Graphics from, all costs and expenses (including without limitation all legal costs and expenses) incurred by Empire Window Tinting & Vinyl Graphics resulting from the default or to recover any sum due;
(d) Withhold and retain possession of the Vehicle (and charge you for the storage costs incurred by Empire Window Tinting & Vinyl Graphics in accordance with the lien in clause 6.2) until payment is made in full; without effect on Empire Window Tinting & Vinyl Graphics accrued rights under any contract.
6. Passing of Property
6.1 Until full payment in cleared funds for the Services is received by Empire Window Tinting & Vinyl Graphics, as well as all other amounts owing to it by you, the title and property to the Services and the Goods remains vested in Empire Window Tinting & Vinyl Graphics and does not pass to you.
6.2 Empire Window Tinting & Vinyl Graphics retains a general lien over the Vehicle until full payment in cleared funds is received by Empire Window Tinting & Vinyl Graphics for all the Services provided to you.
7. Risk and Insurance
7.1 The risk and all insurance responsibility for, damage or otherwise in respect of the Goods and Services will pass to you immediately on provision of the Services.
7.2 The Goods and Services are sold to you on the basis that you have obtained all necessary licenses or permits under all relevant laws and regulations in relation to the Goods.
7.3 You assume all risk and liability for loss, damage or injury to persons or to your property or third parties arising out of the use of the Goods or provision of the Services supplied by Empire Window Tinting & Vinyl Graphics, whether such Goods are used singularly or in combination with other goods.
8. Use of the Vehicle
8.1 You hereby consent to and authorise Empire Window Tinting & Vinyl Graphics and its employees, agents or contractors to drive or otherwise move the Vehicle for the purposes of and incidental to:
(a) Supplying and carrying out the Services on the Vehicle; and
(b) Offering the services referred to in clause 11.
8.2 You acknowledge and agree that Empire Window Tinting & Vinyl Graphics will not be liable for any loss or damage occasioned to the Vehicle or any person or property whilst the Vehicle is being driven by or in the possession of Empire Window Tinting & Vinyl Graphics to the extent permitted by law.
8.3 You must indemnify and keep Empire Window Tinting & Vinyl Graphics harmless from all costs, actions, claims, demands, loss or damage (including all legal costs) arising from or in connection with the use or possession Vehicle under clause 8.1 and the services referred to in clause 11.
9. Selection of Services
(a) You have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Empire Window Tinting & Vinyl Graphics in relation to the Services or their use, fitness for purpose or application;
(b) You have the sole responsibility of satisfying yourself that the Services are suitable for your use or any contemplated use, whether or not such use is known by Empire Window Tinting & Vinyl Graphics;
(c) Any description of the Services provided in a quotation or invoice is given by way of identification only does not constitute a contract of sale by description.
10. Performance of Agreement
10.1 Any period or date for delivery stated by Empire Window Tinting & Vinyl Graphics is intended as an estimate only and is not a contractual commitment. Empire Window Tinting & Vinyl Graphics will in no circumstances whatsoever be liable for any loss or damage suffered by you or any third party, nor will you be entitled to cancel your order for failure to meet any estimated date or cancellation or suspension of the provision of the Services.
10.2 A completed delivery docket whether signed by Empire Window Tinting & Vinyl Graphics or by you will be proof of provision of the Services invoiced.
11. Pickup and Delivery of the Vehicle
11.1 Empire Window Tinting & Vinyl Graphics offers a Vehicle pickup and delivery service for its customers at no additional charge.
11.2 To be eligible for this service, you must arrange a suitable booking with Empire Window Tinting & Vinyl Graphics by telephone. This service is subject to availability.
11.3 On the nominated time and date, a representative of Empire Window Tinting & Vinyl Graphics will attend your nominated location to collect the Vehicle, along with any necessary keys or equipment. You must ensure that both you and the Vehicle are available at this time.
11.4 After completion of the Services, a representative of Empire Window Tinting & Vinyl Graphics will contact you to arrange a suitable delivery time and location. Payment must be made in full on delivery of the Vehicle.
11.5 Empire Window Tinting & Vinyl Graphics reserves the right to vary any of the nominated pickup and delivery times by giving you 1 hour notice by telephone call or voice message.
11.6 For the avoidance of doubt, the provisions in clause 6 continue to apply notwithstanding that a delivery time may have been arranged, or the Vehicle delivered to you.
11.7 Notwithstanding clause 11.1, Empire Window Tinting & Vinyl Graphics reserves the right to charge a delivery and or pickup fee to you if you or the Vehicle are not available at the nominated pickup or delivery time and location.
12. Courtesy Car
12.1 Empire Window Tinting & Vinyl Graphics does not offer a courtesy car facility.
13. Liability and Indemnity
13.1 Except as specifically set out in these Terms or contained in any warranty statement provided with the Services, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or Goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded to the extent permitted by law.
13.2 Replacement of the Goods or the cost of replacement of the Goods and provision of the Services is the absolute limit of Empire Window Tinting & Vinyl Graphics liability however arising under or in connection with the sale, use, storage or any other dealings with the Services or the Goods by you or any third party.
13.3 Empire Window Tinting & Vinyl Graphics is not liable for any indirect or consequential losses or expenses suffered by you or any third party however caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
13.4 You are solely responsible for all risks relating to or arising from the selection, supply, installation and use of the Goods and the Services.
13.5 You acknowledge that as a result of your selection, the Goods may:
(a) Render the Vehicle illegal to use for your intended purpose;
(b) Render the Vehicle unroadworthy; or
(c) Otherwise adversely affect the ability to operate or use the Vehicle safely.
13.6 If, after the supply of the Goods and Services by Empire Window Tinting & Vinyl Graphics (as requested and selected by you), your Vehicle falls within any of the categories in clause 13.5, then you warrant and represent that you will not cause or allow the Vehicle to be driven or used in any manner that is illegal or otherwise unsafe.
13.7 Without limiting anything in this clause 13, you must indemnify and keep Empire Window Tinting & Vinyl Graphics harmless from all costs, actions, claims, demands, loss or damage (including all legal costs on an indemnity basis) arising from or in connection with your selection of the Goods pursuant to clause 13.4 or a breach of the warranty given in clause 13.6.
13.8 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
14. Removal of Existing Tint
14.1 Without limiting any other Terms, you expressly acknowledge and agree that Empire Window Tinting & Vinyl Graphics will not be liable for any loss or damage occasioned to the Vehicle as a result of the removal of existing automotive tinting products, whether original equipment or aftermarket.
15. Guarantee and Warranty
15.1 Empire Window Tinting & Vinyl Graphics guarantees that the Services supplied will be free of any material installation defects for the normal lifetime of the Goods. This guarantee is not transferrable.
15.2 If any such material installation defect is detected, Empire Window Tinting & Vinyl Graphics will rectify the defect at its own cost.
15.3 You acknowledge and agree, that for the purposes of clause 15.1, the normal lifetime of the Goods is 10 years.
15.4 For the avoidance of doubt, this guarantee only applies to the installation services and does not extend to any manufacturing or latent defects whether material or otherwise in relation to the Goods.
15.5 In relation to any manufacturing or latent defects in the Goods, Empire Window Tinting & Vinyl Graphics will so far as it reasonably can, transfer or make over to you the benefit of any guarantee or warranty which may have been given by the manufacturer of any such Goods.
16. Cancellation
16.1 If, through circumstances beyond Empire Window Tinting & Vinyl Graphics control it is unable to effect provision of the Services, Empire Window Tinting & Vinyl Graphics may cancel your job (even if it has already been accepted) by notice to you.
16.2 No purported cancellation or suspension of a job or any part of a job by you is binding on Empire Window Tinting & Vinyl Graphics after that job has been accepted without express written consent to the contrary.
16.3 Empire Window Tinting & Vinyl Graphics will charge a cancellation fee of $70.00 if it accepts your purported cancellation or suspension of a job and you did not provide Empire Window Tinting & Vinyl Graphics with 24 hours’ notice of your purported cancellation.
17. Miscellaneous
17.1 The laws of Queensland govern these Terms. Each party submits jurisdiction to the courts of Queensland and any appellant courts.
17.2 Empire Window Tinting & Vinyl Graphics failure to enforce any of these Terms shall not be construed as a waiver of any of its rights.
17.3 If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, it shall be severed from these Terms without affecting the enforceability of the remaining Terms.
17.4 At the time of payment and collection or delivery of your vehicle it is assumed that you are satisfied with the quality of the service provided excluding those warranty items in clause 13.1.