Terms and Conditions of Trade
As a client of Birchall and Maunder, you agree to be bound by all the terms and conditions stated in this document. You acknowledge that you have read and understand the terms and conditions.
Birchall and Maunder Limited T/A Birchall and Maunder Automotive Ltd (hereinafter referred to as Birchall and Maunder) and you as the Client refers to the person or company purchasing enlisting the services of Birchall and Maunder.
Conditions of Sale of Goods
All sales of Goods and Services are made subject to the following conditions and by purchasing from Birchall and Maunder, the purchaser accepts these conditions.
All work is covered for a period of 12 months from the date of invoice.
Warranty will be void if vehicle post-servicing has been found tampered with. Warranty does not cover any damage to the vehicle.
Charges and Payment
All prices quoted in the Standard Service Charges List are GST inclusive. We reserve the right to adjust prices without notice. Birchall and Maunder may require payment in advance for the supply of any procured goods or sub contract labour. If an on account payment is offered, payment of the account is due within the agreed terms; otherwise the remainder of the account is due immediately following the issuing of an invoice.
Scope of Services
Birchall and Maunder is clients' primary point of contact for all systems on your vehicle. Client understands that additional expenses may be incurred when an outside vendor is brought in to solve a particular problem and agrees to reimburse Birchall and Maunder for any such expenses.
A deposit of 50% is payable for any work to be undertaken that is estimated to be worth in excess of $2,000. The deposit is required prior to work commencing.
Payment for new clients is due in full upon delivery and/ or completion of work until such time that an account is setup. Payment of accounts is due on or before the 20th day of the month following the date of the invoice. Interest at 3.5% per month on the current balance may be charged on overdue accounts and shall accrue on a daily basis starting from the due date.
Birchall and Maunder reserves the right to repossess and/or hold any vehicle until the account is brought up-to-date.
In the event of default by the client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The client indemnifies Birchall and Maunder against all costs (including legal costs), losses and expenses incurred by Birchall and Maunder in recovering any unpaid monies.
Loss of Service
Client recognizes that Birchall and Maunder makes every attempt to provide the most reliable service, and that Birchall and Maunder will make best efforts to keep client's vehicle up and running efficiently and cost-effectively, within the limits of the client s budget.
Property and Risk
Despite the purchaser having possession of any vehicles, ownership is retained by Birchall and Maunder until the client pays in full all money owed to Birchall and Maunder. Risk in any goods supplied shall pass to the client at the point of delivery.
Any claims for errors or unsatisfactory work must be made within 7 days of issue of an invoice.
Birchall and Maunder is only under an obligation to deliver services in accordance with their general description, whether or not a special description may have been given or implied by law.
All conditions, warranties and terms whether implied, statutory or otherwise are excluded to the fullest extent permitted by law.
Birchall and Maunder shall not be liable for any statement, representation or warranty made by any employee, agent or contractor relating to the goods, workmanship and/or advice supplied by Birchall and Maunder or for any negligence or wilful default by the manufacturer or supplier of the goods or services provided to the client.
Notwithstanding any other provision in these terms of trade, where the services are supplied for business purposes the Consumer Guarantees Act 1993 shall not apply. Any disclaimer above does not apply where it is contrary to any law which cannot be contracted out of.
All parts are subject to availability. All prices exclude GST, freight and may change without prior notice. All parts and services come with a one year warranty unless otherwise stated.
Any dispute shall, at the option of Birchall and Maunder be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.
Birchall and Maunder does not authorise any client to use Birchall and Maunder or the manufacturer trademarks, names or associated materials. To use these trademarks, names and associated materials, prior written approval must be given by Birchall and Maunder or the relevant manufacturer.
Birchall and Maunder Guarantee
Birchall and Maunder undertakes to provide a viable solution to the vehicle problems of any client. However the client must allow Birchall and Maunder personnel appropriate time to diagnose the problem and identify a viable solution. Birchall and Maunder cannot be obligated to provide a viable solution if the client does not provide required access to the client's Vehicle or the manufacturer no longer stocks required replacement parts.
If the client desires an alternative solution to that offered by Birchall and Maunder, then Birchall and Maunder cannot guarantee to provide such alternative solution within the terms of this guarantee.