Terms of service
Fit Repair
Terms of service
PRICES
The right is reserved to apply prices ruling at the time of delivery or work. Special transport charges or variations in tariffs, rates of exchange, special taxes, transport charges, insurance premiums or similar costs and increases in wages, cost of materials, or otherwise which affect goods and services offered or sold are to be made to the purchaser’s account. All prices are GST exclusive. GST will be added at the rate of 10% on all taxable supplies.
TERMS OF PAYMENT
Unless otherwise stated, terms of payment are COD and/or completion of service or repair. For approved credit accounts payment is required within 7 days of the date of invoice.
In the event that an invoice is not settled within 30 days of the date of the invoice Fit Repair reserves the right to charge a monthly administration fee (20% of invoice). In addition, the customer will be liable for legal costs, debt collection costs, administrative costs and disbursements incurred by Fit Repair arising from the default.
If the customer fails to comply with the terms of payment or the requirement to secure payment, Fit Repair reserves the right to withhold further goods and services or at its option, terminate the agreement to supply goods and services, and any unpaid amount shall thereupon become immediately due.
RETENTION OF TITLE
Ownership and property of all parts supplied and/or installed remains with Fit Repair until Fit Repair has received payment in full of all money owing by the customer to it in full and if payment is not received by the due date we shall, without prejudice to our other remedies, be entitled to retake possession of the parts and to recover the deficiency on resale plus cost of repossession from you. For so long as ownership and property in the goods remain with Fit Repair, the customer will hold the goods as bailee for Fit Repair and the proceeds of sale thereof in trust for Fit Repair and if payment for the parts or service is not made on the due date, Fit Repair has the right to enter the premises to take possession of the goods.
RETURNS
If Fit Repair elects to take back stock it must be in as new and saleable condition and upon terms agreed and a restocking fee of not less than 20% of invoice value will apply. Fit Repair is under no obligation to take back stock due to change of mind, or any other reason apart from legitimate warranty claims.
SPECIFIC ORDERS
Custom made, custom cut or custom processed products or products acquired by Fit Repair for the customer will not be returnable nor will labour charges for repairs or service previously authorised by the customer.
FRUSTRATED ACCESS OR DELIVERY
Time taken in gaining access to a site for delivery of goods or services will be billed at Fit Repair’s standard labour rates applicable at the time. Additional visits will also incur additional call out fees at the applicable rate. Fit Repair reserves the right to charge an additional 10% loading to cover administration costs where there is above average administration required for scheduling a job and or rebooking due to circumstances out of our control.
SCHEDULING
Although every effort is made by Fit Repair to keep service and repair schedules as promised. Fit Repair accepts no liability to pay indemnity, Fit Repair reserves the right to cancel the contract of purchases entirely or in part or to extend scheduled work times in the case of force majeure, strikes, lock-outs, or other interruptions in operation, stoppages, breakdowns, in machinery, fire, on our subcontractor’s works, transport difficulties, war or blockade involving Australia or any other country from which parts on order are expected to be procured and every circumstances of political, economical or other nature beyond our control.
Fit Repair shall have the same rights set out in the preceding paragraph if circumstances arise which create for us or subcontractors difficulties in procuring parts or labour necessary for servicing or repairs, the overcoming of such difficulties would entail additional costs that we or our subcontractors ought not reasonably to have calculated with them when submitting quotations or making contracts.
EQUIPMENT NOT COLLECTED
Fit Repair reserves the right to charge a storage fee of $5 per week for repaired goods not collected from our premises within 14 days of notification.
GOODS ABANDONED
Unless prior arrangements have been made, repaired goods not collected from our premises within 90 days of notification are considered abandoned. Fit Repair reserves the right to sell abandoned goods to recoup the costs of repair and storage.
UNREPAIRED GOODS
Goods assessed but not repaired by Fit Repair must be collected within 14 days of notification. After this time a storage fee will be charged. Any goods not collected after 90 days will be considered abandoned and will be disposed of. A $50 disposal fee as well as applicable storage fees will be charged.
CLAIMS
Claims for faulty parts or workmanship must be made within 7 days of the date of invoice. Reference must be made to the appropriate invoice and work order numbers.
WARRANTY
A warranty applies for the parts supplied and workmanship for a period of 3 months from the date of invoice. Fit Repair’s warranty does not cover damages or defects due to outside action, lack of care, water damage, overload, unsuitable lubricants, natural wear and tear, incorrect choice, or any other circumstances beyond our control. Fit Repair accepts no responsibility for direct or indirect losses which the purchaser may suffer in consequence of defective parts or workmanship, and we shall be under no liability of loss or damage arising out of the use of parts in any other way whatsoever in relation thereto.
Approval of warranty claims are at the sole discretion of Fit Repair. Warranty claims must be made within 7 days of occurrence.
INSURANCE
Fit Repair is under no obligation to insure parts after delivery or installation to the purchaser.
Fit Repair is under no obligation to insure goods delivered or installed on behalf of a third party either in transit, during or after the installation.
ADVICE
Any service or advice which may be offered by Fit Repair, its servants or agents to users of suitable parts and repair options is rendered in all good faith and Fit Repair shall not be liable for any loss or damage arising there from.
SPECIFICATIONS
Every effort is made to ensure that specifications and other information in correspondence etc. are correct and accurate, but no warranty is given in respect thereof and Fit Repair shall not be liable for any error therein.
ESTIMATES
Price estimates (for service and repair) shall be open for acceptance for a period of 7 days from the date on which the offer is made until revoked or replaced by a further offer. Acceptance occurs at the time communication of acceptance is received by you whether by verbal, written or electronic means. An electronic communication of acceptance is deemed to be received when it enters your computerised information system. A communication of an offer must, to validly constitute an offer, include all details necessary for the execution of the order. In the event of suspension of work on the purchaser’s instructions or lack of instruction or by failure to provide sufficient information to enable work to proceed uninterruptedly, the contract price may be increased to cover any extra expenses thereby incurred or in the event of cancellation of the contract the client may be charged with all costs incurred.
GOVERNING LAW OF CONTRACT
The agreement is governed by, and is to be construed in accordance with, the Law of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and any court hearing appeals from those courts.