These conditions shall prevail over all conditions of the customer’s order to the extent of any inconsistency. The customer acknowledges having read and understood these terms and agrees to be bound by them upon placing an order with OTSD.
- If the customer becomes subject to any form of insolvent administration then this agreement becomes automatically terminated and OTSD is entitled to recover any losses as a result of such termination from the customer and all rights otherwise granted to the customer by OTSD revert to OTSD.
- These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia or of one or more of the States or Territories, in so far as such provisions are applicable. Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
- The invalidity of any clause, or other part of a clause, shall not affect any other clause, or part of any clause.
- OTSD reserves the right to amend and or change the Terms and Conditions upon giving reasonable notice.
- Any amendment to these terms not consented to in writing by OTSD is void.
Quotations and Prices are based on the current cost of chemicals and or materials, and unless otherwise agreed, are subject to amendment by OTSD before or after acceptance of the quotation to meet any changes in such costs between the date of quotation and the date of delivery of the order. A quotation shall be deemed by OTSD as having been accepted where the customer has ordered by way of telephone, fax, text or email booking any OTSD service or goods quoted.
OTSD shall not be liable for any cancellation [see “cancellations policy”].
- GOODS AND SERVICES TAX (GST)
- a) In these terms & conditions, the definition of ‘Goods’ means – Any rendering of service or goods by OTSD delivered to the customer under these terms and conditions
- OTSD shall be entitled to charge the amount of any GST payable, whether or not included in the quotation. OTSD will specify whether GST is included or excluded and if included, how much.
- OTSD shall provide the customer with a Tax Invoice and Australian Business Number in respect to the supply of the Goods.
- OWNERSHIP, TITLE TO, DELIVERY, RISK IN GOODS, ALL MONIES CLAUSE
4.1 Title in Goods
Where applicable, property in the goods delivered to the customer shall not pass to the customer until such time as OTSD has received payment in full of all monies owing to OTSD including but not limited to monies owing in respect to the goods specified on any particular invoice to which these terms and conditions apply.
4.2 Licence to Enter Premises
The customer hereby irrevocably empowers and gives to OTSD a licence in addition to and without the limitation of any other right OTSD may have to enter without notice upon premises where the goods are located and to take possession of the same and to thereafter to deal with the goods as its own. The licence endures as long as any monies whatsoever are owed by the customer to OTSD. If the customer has mixed the goods with any other goods or products then the licence granted hereunder permits OTSD to take reasonably, steps to remove from such mixed products any discrete component(s) identifiable as the property of OTSD pursuant to these terms and conditions
4.3 Risk in the Goods
Risk in the Goods will pass to the Customer at the time of delivery of the Goods and the Customer will be wholly responsible for the Goods at that time.
4.4 Deemed Purchase of Goods
- a) OTSD will not be under any obligation to accept returned goods unless within 48 hours (or such other period as OTSD may stipulate from time to time) of delivery the Customer has notified it of reasonable cause to reject the goods IE That the goods were not as specified on the customer’s order, and OTSD has agreed to accept return of such goods exercising its reasonable discretion.
- b) Unless claims arise that refer to ‘Warranty’ issues (see item 7 Goods Warranty), then : (i) The Customer will be deemed to have accepted the service and or goods as being in accordance with its order unless it notifies OTSD in writing of its claim immediately within 48 hours (ii) No claim of allegedly defective or faulty services will be accepted by OTSD until OTSD has issued prior authorisation for the claim.
4.5 Price Excludes Delivery Charges
Unless otherwise specified, the price quoted excludes the cost of delivery of the Goods to the Customer’s delivery location, which shall be additional to the quoted price quotation.
- CANCELLATION POLICY AND CONTINGENCY FEES
Cancellation Fees and Charges
Should the customer make a booking with OTSD and is required to cancel that booking, cancellation must be received minimum 48 hours prior to the time that the booking was scheduled to occur. Should the customer not notify OTSD of the cancellation, the customer hereby grants OTSD unilateral power to charge a minimum of $40 fee to recover call out / cancellation costs. The customer agrees to pay in full a cancellation fee equivalent to the call out charge that would usually be tendered by OTSD for attending a site to perform service(s) and or deliver goods. The customer acknowledges that cancellation charges may vary depending on the type of booking made by the customer that did not conform to the cancelation policy timelines where no charges would apply, and may be calculated at a percentage of the service charge in the event the customer did not cancel in adequate time and or cancellation led to OTSD arriving on site and incurring costs as a result. Should OTSD decide to wave this charge in the event of a cancellation, then it may do so at its discretion. The customer hereby grants licence to OTSD to debit the customer’s credit card to recover said cancellation charges.
The customer further agrees that in the event of their breach of any of the terms of this agreement including a failure to make payment of any monies due to OTSD pursuant to this agreement that the customer shall pay to OTSD all collection costs, commissions, fees, charges and expenses including any and all legal costs on a solicitor and own client basis incurred by OTSD of and incidental to this agreement or any matter arising out of or incidental to this agreement or the customers performance or failure to perform any of the terms of this agreement
- Payments must be made on the day of the service being rendered and can be made by cash, eftpos or credit card. Charges will be settled at the completion of your services, and or a deposit may be paid in order to secure a booking.
- If you have applied for and have been granted a credit account in the form of a 21 Day Trading Account, then you are required to remit payment prior to but no later than 21 days of the issue date appearing on an invoice. Unless otherwise stated by OTSD in writing, no discount shall be granted / negotiated.
- In the case of the first transaction between the parties, you must pay OTSD the value of your order on acceptance of the quotation or the lodging of your order (whichever shall be the later) unless otherwise agreed by OTSD. This applies to all customers including trading accounts.
- Workmanship Warranty
Workmanship & Wear and Tear
- a) OTSD uses specific chemicals, detergents, sprays, wipes and cloths designed for automotive use for both cleansing and protection of paintwork, and machinery such as purpose specific steam cleaning machines, vacuum cleaners, and buffers. These machines and or tools cause minimal wear and tear that the customer acknowledges and understands that whilst contributing to the overall cleansing / detailing of the automobile, truck, water craft, or other machinery / item that use of all machinery and tools by OTSD that this process will cause minimal wear and tear.
- b) OTSD warrants its workmanship in the use of said chemicals, detergents, sprays, wipes & cloths used and as per the supplier’s specifications on all items and apparatus used by OTSD during the provision of said services to produce the desired result.
- c) OTSD is not responsible for any deterioration to automotive surfaces of any and all kind including internal surfaces and carpets that are attributable to normal wear and tear, weather conditions, water damage, ultraviolet conditions and or other conditions that might be caused by particular uses in bad weather or other extreme conditions as would reasonably be expected to occur in the normal life of automotive machinery and parts and as per their particular designed purpose.
7.2 Domestic vs. Commercial use classification
Goods and services supplied by OTSD are designed for specific uses which are –
- a) goods and services that are rendered for use in domestic [residential] applications
- b) goods and services that are rendered for use in commercial applications
OTSD shall recommend to the customer, goods that are suitable for either or both uses, based on the criteria provided by the customer
Where OTSD reasonably determines that an automobile, truck, water craft, or other machinery / item is used by the customer for commercial purposes IE that increased stresses are being placed on the goods by virtue of the increased wear & tear of commercial applications, OTSD offers no warranties pertaining to the overall time-frame or suitability of the goods supplied by OTSD.
7.3 Relevant Standards A/S & other
Where relevant Australian Standards apply to specific chemicals, detergents, sprays, wipes and cloths designed for automotive use provided to the customer in OTSD services, these may contain specific information. OTSD is not responsible for any loss or damage occasioned by the customer failing to comply with such Australian Standards.
7.4 Exclusions from Warranty
All warranties do not cover damage to customer’s automobile, truck, water craft, or other machinery / item due to the customer’s fault or negligence whether arising from an accident, misuse, abuse, environmental causes (except where stipulated), normal wear and tear, overloading, alterations or failure to follow approved operating instructions.
7.5 Consequential Damage
OTSD’s liability to any Customer under this warranty is limited to the replacement or repair of defective Goods and OTSD shall not under any circumstances be liable for consequential, special or incidental damages resulting from the purchase or use of any OTSD Goods or services.
- FORCE MAJEURE
Contracts and deliveries may be suspended by OTSD in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, act of God, war, legislation, force majeure, the inability of OTSD to procure necessary services, materials or Goods thereby preventing or retarding performance of the contract of delivery of Goods or services and no responsibility shall be attached to OTSD for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of OTSD
- GENERAL LIEN
OTSD shall, in respect of all unpaid debts due from the Customer, have a general lien on all Goods and property ordered by the customer but in possession of OTSD and shall be entitled, on the expiration of 30 days (or such other period as OTSD may stipulate), to provide written notice to the Customer that OTSD is to dispose of such Goods or property as it thinks fit and to apply the proceeds towards any debt arising or otherwise owed to OTSD by the customer.
Notwithstanding that OTSD might agree in respect of any particular transaction either expressly, or by implication, to waive any one or more of these terms and conditions, such agreement shall in no way release the Customer from any other obligation or requirement set out herein.