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TERMS & CONDITIONS OF SALE AND PROVISION OF SERVICE
These terms and conditions form part of the contract (“agreement”) between Sprint Gas (Aust) Pty Ltd (ABN 97 150 925 492) (in this agreement, “we” or “us” or “our”) and the customer (in this agreement, “you” or “your”) that is formed when:
you sign a form issued by us that describes services that we will perform (Service Authorisation); or
You acknowledge that these terms and conditions and the Service Authorisation embody the whole agreement between you and us. You agree that the scope and terms of the Service Authorisation (including prices and quotes) may change as a result of updated instructions from you. By offering to buy products and/or services from us and/or by providing a Service Authorisation you agree to be bound by this agreement.No sales representative or agent is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these conditions. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
A reference to products in this agreement includes all parts or products fitted as part of services we provide to you, unless the context requires otherwise.
All our prices listed are the Recommended Retail Price (RRP) and include GST unless stated otherwise. A quote or price is only binding on us upon Service Authorisation. The scope and pricing of the Service Authorisation may change as a result of your updated instructions. Prices for our products and services are subject to change without prior notice.
PERFORMANCE & SERVICES
We agree to perform the services as described in the Service Authorisation (or as amended as a result of updated instructions from you).
You agree to pay us in full for all services rendered and products supplied before removing your vehicle and/or the products (as applicable) from our premises, unless otherwise agreed. You further agree that payment of all amounts for work contemplated by the Service Authorisation (or as amended as a result of updated instructions from you), and (in the absence of manifest error) all amounts set out in the relevant document, become due upon completion of the work and must be paid by close of business on the day of completion of the work, unless we have agreed otherwise.
Failure to adhere to these terms will result in account suspension and all subsequent orders requiring payment on order until such time as the account is paid in full. We reserve the right to determine when the account will be reopened. We are entitled to charge 2% interest on amounts not paid after 45 days until the payment in full has been received, together with all expenses, legal and otherwise, that we have incurred in collecting the amount due. Interest accrues daily.
When payment is made by instalments, the failure by you to pay an instalment when due shall entitle us to treat such failure as a repudiation of the whole agreement by you and recover damages for breach of contract.
We reserve the right to defer without penalty, delivery of any order by you so long as any amount remains overdue for payment.
To the extent allowed by law, in the event that you become bankrupt; have an administrator, controller, liquidator, receiver or receiver and manager appointed (external administrator); or any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed, this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.
Our returns policy does not affect your rights under the Australian Consumer Law. This policy is provided in addition to your rights under the Australian Consumer Law.
You may return a product for a credit, refund or exchange within 7 days with proof of purchase, unless that product is a discontinued part; not in resalable condition; a product that has been fitted to a vehicle or altered in any way; or not in the condition received by you (with manuals and documentation).
Goods returned for credit or refund will be subject to a 10% handling fee. After 30 days – no credit. All returns are subject to substantiation and the original invoice must be supplied before credit will be considered. We are not required to provide a credit or refund where you have changed your mind, made a wrong selection or no longer have use for the goods.
No claims for short delivery or damaged items will be recognised unless we are notified within 7 days from receipt of goods. If goods arrive damaged, please contact us as soon as possible to arrange to have the damaged goods returned to us and either arrange for a replacement of the goods or offer a refund. Damaged goods must be returned in the condition received by you with all original packaging and documentation.
We will not be liable for your freight or other costs in returning products unless otherwise agreed, or where you are entitled to such costs under the Australian Consumer Law.
CHANGES AND CANCELLATIONS
We provide advice on products based on the information provided by you and a vehicle’s original manufacturer’s specifications. If you order products that are an incorrect size or specification, or the products are out of stock, or if you wish to cancel a services booking for repairs or maintenance, we are happy to arrange for the correct products to be fitted or services to be completed at the next convenient opportunity.
If you have already paid for a product or a services booking and wish to cancel before the product is fitted or the services commenced; or if the products are out of stock; or if we are unable to fulfil your order or booking request, we can arrange for a refund at our discretion.
For service bookings where a deposit has been paid, 100% deposit will be refunded when cancellation is at least 7 days before to your scheduled booking; 50% deposit will be refunded when cancellation is within 72 hours before to your scheduled booking; no refund will be provided when cancellation is less than 72 hours before your scheduled booking or you do not show.
Under no circumstances will we be liable for any loss or damage suffered by you or any third party for any cancellation or any delay in fulfilling a product order or in completing services to your vehicle.
If you wish to upgrade products or services which you’ve already booked and paid for, we can process the additional payment when you visit our store.
Refund payments will be processed once you complete any required Request for Refund document; and your transaction, identification and payment information has been verified; and the refund authorised by an appropriate Sprint Gas representative.
Partial refunds, including due to variations in stock or charges, may be processed by us under certain circumstances. All other refunds, including full refunds, may only be processed by our Finance Manager. Refunds will be actioned within one business day and valid refunds should be returned to you within 3-5 business days. Refunds will be credited to the same payment method used in your initial transaction.
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:
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.
Our guarantee below is provided in addition to your rights under the Australian Consumer Law.
Product / Service
Lifetime guarantee on all labour we perform.
12 months guarantee (whichever occurs first) on all new parts supplied and/or installed by our technicians.
Fully Assembled LPG Kit
36 months / 150,000kms guarantee (whichever occurs first) on all new fully assembled LPG kits supplied and/or installed by our technicians.
We will, at our option, repair or exchange (where possible) the product sold directly by us if it is found to be defective within the guarantee period set out above. We will bear the reasonable costs incurred in claiming the warranty.
Goods returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description. You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee which may vary due to reasons beyond our control. Claims for labour may be accepted at our discretion.
This warranty will not apply:
The following costs are not covered by this warranty:
Our decision to accept a claim under the warranty shall be at our sole discretion. To make a claim under a guarantee, contact Sprint Gas Technical on 1800 810 149 or email firstname.lastname@example.org. You must return the item within 14 days of notifying us (so that we may show the item to the manufacturer if necessary) and we will repair, exchange or resupply (at our discretion) the product or service provided the claim falls within the guarantee’s terms and conditions.
The following details must be provided to us on a Request for Warranty documentation:
In the event that this information is not provided with the product when returned, the product will be returned to you and no warranty claim will be considered.
TITLE AND RISK
Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full.
Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared.
Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).
PERSONAL PROPERTIES SECURITIES REGISTER
The retention of title contained in these Terms give rise to a security interest as defined in the Personal Properties Securities Act 2009 (Cth) in all goods/product present and acquired after the execution of these Terms. You acknowledge that we may register a financing statement on the Personal Properties Securities Register (PPSR). You agree to do all things and execute or arrange execution of all documents we require to perfect a first ranking security interest in the goods/product including registering a statement on the PPSR.
You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle and all goods in or attached to your vehicle (Lien), to secure payment of any or all amounts outstanding from time to time.
You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain your vehicle and/or any goods in your vehicle and serve notice on you requiring immediate payment of the amounts outstanding by you.
You agree that if any payments remain outstanding and your vehicle and/or goods have not been collected within one calendar month of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may and will dispose of your vehicle and/or all goods in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles without further notice or liability to you.
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement. We have no liability to you for any loss or consequential loss as a result of any delay in fulfilling a product order or in completing services to your vehicle.
We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.
AUTHORITY IN RESPECT OF THE VEHICLE
You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services under the Service Authorisation in respect of your vehicle, including (but not limited to) entering the vehicle and test driving your vehicle (including driving your vehicle to another location outside of the premises).
Our failure to insist upon a strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of our rights and remedies or by any subsequent default by the customer in performance or compliance with any of the terms and conditions. Any waiver by us must be in writing.
If any provision of these Terms is held invalid, unenforceable or illegal for any reason, that provision will be deleted and the remaining provisions of the Terms will remain in full force.
These terms may only be amended with our express written agreement.
We will comply with the Privacy Act 1988 (Cth).
We will comply with the Privacy Act 1988 (Cth).
Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:
These terms may only be amended with our express written agreement.
You may not assign this contract without our prior written consent.
You will indemnify us in relation to any direct or indirect loss, liability or damage suffered by us or any other person as a result of your negligence or breach of these Terms.
JOINT & SEVERAL
If you consist of more than one person, the obligations of each person are joint and several.
Each clause, subclause and part of these Terms is separate and independent. If any clause or subclause or part is found to be or becomes invalid or unenforceable for any reason, then any such invalidity or unenforceability shall not affect the validity or enforceability of any of the other clauses or subclauses or parts.
The proper law of the agreement between you and us is the law of the State of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of that State.
Last updated: 30 November 2020
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