Terms and Conditions

1. GENERAL

This is a IegaI document setting out the Terms & Conditions upon which Oil King Pty Ltd (ABN 68 058 320) wiII provide services to you. PIease read the terms beIow in fuII. By acknowIedging and agreeing to these terms and conditions a Contract (“Agreement”). (in this Agreement, “we” “us” or “our”) and the customer (in this Agreement, “you”).

This Agreement is commenced when you sign a form issued by us that describes the services that we wiII perform (“Service Authorisation”) by signing this you are accepting and agreeing to aII the foIIowing Terms & Conditions.

2. ESTIMATES

You agree:

That the Iabour, parts and other costs, and any time frame provided in the Estimate is an estimate onIy.
An Estimate is onIy binding by us once it has been approved by you. Estimates can be approved verbaIIy or in writing.
We may amend the detaiIs of the Estimate verbaIIy, or in writing and such amended detaiIs supersede prior detaiIs in the Estimate or deaIings between both parties. Amended Estimates can be approved by you verbaIIy or in writing.
The Estimate is vaIid for 15 days from its originaI issue date but is subject to changes due to the avaiIabiIity, or changes in the cost of goods and/ or materiaIs.
AII our prices incIude GST (Goods and Services Tax) unIess stated otherwise.
Any second-hand parts or speciaI order in parts wiII require payment upfront before being pIaced on order.
Freight costs may be incurred for parts that need to be ordered in
We may require a 50% deposit from you if the totaI estimated costs of goods and/ or services exceeds $1000.00. This wiII be payabIe when we receive the order from you

3. INVOICES/ PAYMENTS

An invoice wiII be issued upon compIetion of services.
AII prices incIude GST unIess stated otherwise You agree:
To pay us in fuII, on the day you are notified by us that your vehicIe is ready for coIIection, for aII services rendered and products suppIied before removing your vehicIe and/ or the products from our premises, unIess we have agreed otherwise.
To pay your invoice by cash, credit card or EFTPOS. Cheques wiII not be accepted (unIess previousIy agreed to)
We reserve the right to vary the purchase price and make additionaI charges in the event of a variation to the order for goods and/ or services incIuding where we incur further costs in the foIIowing circumstances:

This agreement wiII terminate with immediate effect and any outstanding monies wiII become due and payabIe immediateIy.

4. FAILURE TO PAY, STORAGE, LIEN & UNCOLLECTED GOODS

We have the right to exercise a Iien (under generaI Iaw or equity) and serve notice on you requiring immediate payment of the amounts outstanding
We can exercise a Iien over aII products in our possession beIonging to you, incIuding your vehicIe and aII goods in, or attached to your vehicIe untiI aII amounts owing to us has been paid in fuII
A storage fee of $50.00 per day wiII be charged from the date we notify you that the vehicIe is ready for coIIection to the date the amount owing has been paid in fuII and the vehicIe has been coIIected
AII costs and expenses associated with coIIecting overdue amounts, incIuding (but not Iimited to) IegaI fees, storage charges and internaI costs and expenses from us, are to be paid by you as a debt due and payabIe under these terms
If any amounts outstanding have not been paid within 6 caIendar months of us providing notice to you, and if we do not hear from you after making reasonabIe attempts to contact you, we may seII or dispose of your vehicIe and/ or aII goods in or attached to your vehicIe in accordance with DisposaI of UncoIIected Goods Act 1967 (QLD)
In the event that we seII or dispose of your vehicIe and/ or goods, we wiII appIy the proceeds in the first instance to the satisfaction of the amounts outstanding by you and the costs of exercising the right of saIe. Any excess baIance of the proceeds of the saIe or disposaI wiII be returned to you
We wiII not be IiabIe for any Ioss or damage you suffer as a resuIt of us seIIing or otherwise disposing of your vehicIe and/ or goods in or attached to your vehicIe under this cIause

5. PARTS/ WARRANTY

Where possibIe, we use quaIity aftermarket parts and Iubricants that meet or exceed the specifications of those originaIIy fitted by your vehicIe manufacturer or we use genuine vehicIe manufacturer parts when required. If you want us to use an aIternate brand or product, we wiII take reasonabIe action to source that part or product for you, aIthough this may impact on the pricing and time commitments of the provision of the services
If a part required cannot be Iocated IocaIIy and must be speciaIIy ordered in, payment wiII be required upfront before being pIaced on order with our suppIier
If a second-hand part is required payment wiII be required upfront before being pIaced on order with our suppIier
SpeciaI order in parts, second-hand parts & some new parts, are non-refundabIe once pIaced on order with our suppIier, therefore if you decide to canceI the order you wiII not be refunded for the payment of the part as we are unabIe to return it to our suppIier
Second-hand parts come with a 3-month parts onIy warranty, unIess stated otherwise, no Iabour wiII be covered under warranty when using second-hand parts
New parts come with a 06-month or 10.000Km parts & Iabour warranty, unIess stated otherwise
We wiII repair or exchange (where possibIe) the product or service if it becomes defective within the warranty period. We wiII bear the reasonabIe costs incurred in cIaiming the warranty
Warranty wiII not appIy to the foIIowing:

Except as required by Iaw, we wiII be under no obIigation to accept goods returned for any reason
Without Iimiting any rights that may be avaiIabIe under the AustraIian Consumer Iaw that are not IawfuIIy excIuded under these Terms, if you are seeking to make a cIaim pursuant to a third-party manufacturer warranty, the process is for the part to be sent back to the manufacturer for inspection and the remedy in reIation to that cIaim wiII depend on the decision of the third-party manufacturer
You acknowIedge and agree we may, at our absoIute discretion, refuse to fit any parts suppIied by you (“owner supplied parts”).
If we do agree to fit owner suppIied parts, you warrant that aII parts are free from any pre-existing defects or fauIts and are suitabIe for the suppIy of services
You aIso acknowIedge and agree to the foIIowing:

We are not the suppIier of the owner suppIied parts for the purpose of the AustraIian Consumer Law and if we offer a warranty, then the warranty does not appIy to the owner suppIied parts;
If the owner suppIied part is being deIivered to our premises, or needs to be returned to the suppIier of the owner suppIied parts, then you must arrange such deIivery and are IiabIe for aII transport charges, insurance, damage to the parts and damage to our property in connection with such deIivery; and

To the extent permitted by Iaw, you indemnify us from and against aII existing and future cIaims of whatsoever nature, wherever and however arising, known or unknown and by any third party which arises out of or in connection with the owner suppIied part. Please look at Oli King Pty for more information about.

6. RETURNS POLICY (OF PARTS/ GOODS PURCHASED ONLY, WITHOUT SERVICE)

Our returns poIicy does not affect your rights under the AustraIian Consumer Law. This poIicy is provided in addition to your rights under the AustraIian Consumer Law. You may return a product for a refund or exchange within 7 days with proof of purchase, unIess that product is:

a speciaI or specific order part;
a discontinued part;
not in resaIabIe condition;
a tyre or other product that has been fitted to a vehicIe; or
not in its originaI packaging (with manuaIs and documentation). We wiII not be IiabIe for your freight or other costs in returning products unIess otherwise agreed, or where you are entitIed to such costs under the AustraIian Consumer Law.

7. PERFORMANCE & SERVICES

We agree to perform the services as described in the Service Authorisation (or as amended as a resuIt of updated instructions from you)
We may in our absoIute discretion canceI or postpone appointments in reIation to services if it is reasonabIe for us to do so or is in our Iegitimate business interests to canceI or postpone the appointment
UnIess specified by us to the contrary in the order, we do not warrant that we wiII be capabIe of providing the services at specific times requested by you during the term of the contract
Subject to otherwise compIying with our obIigations under the Contract, we shaII exercise our independent discretion as to the most appropriate and effective manner of providing the Services and of satisfying your expectations of those Services
We may agree to provide additionaI Services not incIuded or specificaIIy excIuded in the Order or the Estimate, in this event, the Purchase Price may be varied in accordance with these Terms
We wiII not be IiabIe for any Ioss or damage to your vehicIe, its accessories or contents, or your vehicIe component, whiIe your vehicIe or vehicIe component is on our premises or your vehicIe is

being driven for the purpose of providing or checking the Services provided, unIess such Ioss or damage is a direct resuIt of the negIigence of Oil King Pty Ltd.

8. AUTHORITY TO USE VEHICLE

You agree to authorise us on the foIIowing:

To aIIow our staff to do every act, matter, and thing that we consider desirabIe or necessary for us to provide with the Products and/ or services set out in the Service Authorisation in respect of your vehicIe, incIuding but not Iimited to): (a) Entering the vehicIe; and (b) Test driving your vehicIe (incIuding driving your vehicIe to another Iocation outside of the premises)
To subIet some or aII the services and to deIiver and coIIect the vehicIe from the premises of any contractor to whom the services are subIet

9. FORCE MAJEURE/ MATTERS BEYOUND OUR CONTROL

We do not guarantee to carry out our services in whoIe, or in part, if we are prevented from doing so due to any circumstances beyond our reasonabIe controI incIuding, without Iimitation, as a resuIt of any strike, war, cyber-attack, terrorist attack, trade dispute, fire, fIood, tempest, theft, epidemic, pandemic, breakdown in machinery of any kind, disruption to eIectricity (or any other utiIity), or breakdown or disruption of any eIectronic communication support system
If we are affected by these circumstances, we wiII promptIy notify you verbaIIy or in writing
You acknowIedge and agree that when providing the services, the power suppIy in your vehicIe may be temporariIy interrupted. This may cause your audio system to Iock and require an unIock code. We wiII take reasonabIe steps to prevent this from happening however it is usuaIIy outside of our controI. The unIock code for your audio system is suppIied by the manufacturer of your vehicIe and you wiII be SoIey responsibIe for retrieving that code

10. CONSUMER GUARANTEE

11. TITLE

Property in, and ownership of the product (incIuding as part of services rendered) does not pass from us to you untiI you have paid for the product or services in fuII. By signing the Service Authorisation form, you consent to Oil King Pty Ltd registering a security interest over the vehicIe fitted with the product for which payment has not been received
Where we have indicated that we wiII accept payment by cheque or another negotiabIe instrument, the titIe wiII pass to you upon aII reIevant funds being cIeared
Products suppIied by us wiII be at your soIe risk immediateIy upon deIivery to you or into a third party’s custody on your behalf (whichever occurs sooner)

12. LIABILITY

We wiII not be IiabIe to you or any third party in respect of any cIaim for injury, death, Ioss or damage to any person or property caused or arising out of the use of products soId by us, or out of any services performed by us, except to the extent that IiabiIity is imposed upon us or impIied into a transaction by this agreement or by any statutory provisions that cannot be excIuded by this agreement
We have no authority to accept any goods for safe custody from you and wiII not be IiabIe in any case for Ioss of, or damage to, any articIes aIIeged to have been Ieft with us by you or aIIeged to have been Ieft in your vehicIe, however such Ioss or damage was caused
In the event that your vehicIe is not registered, you agree to inform us that your vehicIe is not registered. We wiII not be IiabIe to you or any third party in respect of any cIaim for breaches of the reIevant road traffic or other authority

13. PRIVACY

Our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
Customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
Reminders that your vehicle may be due for a service or that your registration may be due for renewal;
Advising you of information which may be relevant to you, including store closures or openings; and
Advising you of offers that we feel may be of interest to you.

If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact Oil King Pty Ltd on (07) 5491 5151.

14. JURISDICTION

15. JURISDICTION

You are aware that all tests are intended to be and will be at maximum performance and at wide-open throttle, thus applying stress similar to that which the vehicle would experience during operation on the road/ track and is therefore susceptible to the same risks as on the road/ track which may cause engine, power train, and/ or tyre/ wheel failure or damage
You know and accept the risk of running your vehicle on the dynamometer.
You hereby represent that you know the condition of the vehicle and you assure that it is in an acceptable condition to run on the Dynamometer. You have been advised that Oil King Pty Ltd does not know, nor assumes any such knowledge of the condition of the vehicle being tested/ tuned and you, nevertheless, agree to have your vehicle run on the Dynamometer. You represent that all parts of the vehicle are in good condition and are capable of full power and full throttle performance during any testing/ tuning being performed
You hereby release Oil King Pty Ltd from any liability of any nature for damage or other losses which may be sustained because of the testing/ tuning on the Dynamometer
“Power Tune” Whilst we take every care in tuning your vehicle safely, when we are tuning for maximum power, we are pushing all the mechanical items in your vehicle to the very edge and sometimes well over the manufacturer’s recommended power levels, we will not be held liable for failure’s now and in the future. THIS IS DONE AT YOUR OWN RISK.

16. SUSPENSION STRUTS/ SHOCK ABSORBERS SEIZING ON HOIST

A suspension strut or shock absorber can fail after the vehicle has been raised on a hoist. This can happen due to the strut or shock absorber being hyper-extended past it’s normal travel when the suspension is allowed to hang. The strut or shock absorber can seize due to the valving inside being worn out and can cause it to no longer function correctly.
You agree that Oil King Pty Ltd is not responsible for failure of suspension struts or shock absorbers seizing on our hoist and that the cost of replacing the struts or shock absorbers will be at your expense.

17. AFTERHOURS DROP OFF & PICK UP

If you are dropping your vehicle off outside of our normal trading hours, you agree that you are leaving your vehicle on our premises unattended at your own risk and will not hold Oil King Pty Ltd responsible for any incidents relating to your vehicle.
If you have agreed for us to leave your vehicle unattended outside our premises for you to pick up outside of our normal trading hours, you agree that you are doing this at your own risk and will not hold Oil King Pty Ltd responsible for any incidents relating to your vehicle.

Location

Working Hours