Terms & Conditions / Service Agreement
Works Agreement
Date:
Parties
Service Provider
SPOTLESS RV
ABN: 78 682 259 525
Address: Little River, Victoria
Email:
tauryadams86@gmail.com
Telephone: 0409 836 306
Customer
Name:
Address:
Email:
Telephone:
Background
A. The Customer owns or is authorised to deal with the caravan described in this Agreement.
B. The Service Provider carries on business providing caravan leak detection, inspection, repair and parts replacement services for caravans, motorhomes and recreational vehicles (RV’s).
C. The Customer has requested, and the Service Provider has agreed, to provide the Services on the terms of this Agreement.
Operative Provisions
1. Definitions
In this Agreement, unless the context otherwise requires:
Agreement means this Works Agreement, quotations and variations accepted under it.
Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria.
Caravan means the caravan, motorhomes or similar recreational vehicle described in the quotation, service sheet, job card or work authorisation.
Completion Date means the estimated completion date set out in the quotation, service sheet, job card or work authorisation or, if none is specified, a date reasonably determined by the Service Provider.
Fees means the fees, charges and other amounts payable under this Agreement, including labour, parts, consumables, call-out charges and any approved variations.
Parts means any parts, components, accessories, materials, consumables or replacement items supplied in connection with the Services.
Premises the location at which the Services are performed.
Services means the visual inspection, pressure testing, diagnosis, maintenance, repair, testing, installation, replacement and related work described in the quotation, service sheet, job card or work authorisation and any approved variation.
Variation means any change to the scope of the Services, Parts, timing or Fees.
2. Engagement
2.1 The Customer engages the Service Provider to provide the Services, and the Service Provider agrees to provide the Services, in accordance with this Agreement.
2.2 This Agreement applies to:
(a) the Services described in any quotation, service sheet, job card or work authorisation issued under this Agreement; and
(c) any Variation approved in accordance with clause 6.
2.3 If there is any inconsistency between this Agreement and a quotation or job card, this Agreement prevails unless the later document expressly states otherwise.
3. Caravan Details
3.1 The Customer must provide accurate details of the Caravan, including:
(a) make, model and year;
(b) registration number, if applicable;
(c) VIN or chassis number, if available;
(d) current condition, known faults and prior repairs; and
(e) any installed equipment, modifications or accessories relevant to the Services.
3.2 The Caravan to which this Agreement relates is described in the quotation, service sheet, job card or work authorisation
4. Scope of Services
4.1 The Service Provider will provide the Services described in quotation, service sheet, job card or work authorisation using reasonable care and skill.
4.2 The Services may include, as applicable to caravan leak detection:
(a) visual inspections;
(b) pressure testing;
(c) diagnosis;
(d) maintenance;
(e) repair;
(f) testing;
(g) installation; and
(h) replacement.
4.3 Unless expressly stated, the Service Provider is not engaged to:
(a) conduct a comprehensive pre-purchase inspection beyond the scope of this agreement;
(b) certify roadworthiness or regulatory compliance;
(c) identify every hidden or latent defect; or
(d) perform any work beyond the agreed scope.
4.4 The Service Provider may use new, reconditioned, aftermarket or equivalent Parts unless the Customer instructs otherwise in writing and the Service Provider agrees.
5. Estimates and Quotations
5.1 Any estimate or quotation is based on the information available at the time it is given.
5.2 Unless expressly stated as fixed-price, a quotation is an estimate only and may change if:
(a) further faults are identified after inspection or dismantling;
(b) additional labour is reasonably required;
(c) Parts prices change or Parts become unavailable;
(d) specialist subcontractors are required; or
(e) the Customer requests additional work.
5.3 Diagnostic work may be charged separately even if the Customer elects not to proceed with repairs.
5.4 The Service Provider is not obliged to commence work until any required deposit is paid.
6. Variations and Additional Work
6.1 If, during the course of the Services, the Service Provider identifies additional work that is reasonably necessary or desirable, the Service Provider may issue a Variation setting out:
(a) the additional work;
(b) any additional Fees; and
(c) any impact on timing.
6.2 The Service Provider must obtain the Customer’s approval before carrying out a Variation, unless:
(a) the additional work is urgent and necessary to make the Caravan safe, secure or operable; and
(b) it is not reasonably practicable to obtain prior approval.
6.3 Approval may be given in writing, by email, by SMS or verbally if recorded in the Service Provider’s records.
6.4 Approved Variations form part of this Agreement.
7. Customer Responsibilities
7.1 The Customer warrants that it:
(a) owns the Caravan or has authority from the owner to authorise the Services;
(b) has disclosed all known faults, incidents, water ingress, accident damage, modifications and prior repairs relevant to the Services;
(c) will remove personal belongings, valuables and loose items before commencement of work;
(d) will ensure the Caravan is reasonably clean and safe to inspect and work on; and
(e) will provide prompt decisions, approvals and information reasonably requested by the Service Provider.
7.2 The Customer must ensure that any keys, security codes, wheel lock keys and access devices required to perform the Services are provided.
7.3 The Customer acknowledges that undisclosed defects, corrosion, water damage, non-compliant installations or prior poor workmanship may affect the scope, timing and cost of the Services.
8. Delivery, Collection and Access
8.1 The Servicer Provider provides mobile services.
8.3 Durning Services being performed at the Customer’s premises (or at another site), the Customer must provide safe and lawful access, suitable working conditions and access to required utilities.
8.4 The Service Provider may refuse to perform on-site work if the location is unsafe, inaccessible or unsuitable.
9. Time for Performance
9.1 Any commencement date or Completion Date is an estimate only unless expressly stated to be fixed.
9.2 The Service Provider is not liable for delay caused by:
(a) Parts shortages or supply chain disruption;
(b) hidden defects or additional necessary work;
(c) delay in receiving Customer instructions or approvals;
(d) subcontractor delay;
(e) weather affecting on-site work; or
(f) events beyond the Service Provider’s reasonable control.
9.3 The Service Provider will use reasonable endeavours to notify the Customer of any material delay.
10. Fees and Payment
10.1 The Customer must pay the Fees set out in the invoice provided to the Customer and any other amounts payable under this Agreement.
10.2 Unless otherwise stated:
(a) a non-refundable deposit as requested by the service provider is payable upon acceptance of this agreement; and
(b) the balance is payable upon receipt of invoice.
10.3 The Service Provider may issue invoices for:
(a) completed Services;
(b) ordered or installed Parts;
(c) approved Variations;
(d) diagnostic work; and
(e) cancellation charges permitted under this Agreement.
10.4 Payment must be made immediately on completion and issue of invoice.
10.5 If the Customer disputes an invoice, the Customer must notify the Service Provider within [3] Business Days, identifying the disputed amount and the reasons for dispute. The undisputed portion must still be paid when due.
10.6 The Customer must pay any GST payable in respect of a taxable supply under this Agreement, in addition to the Fees, subject to receipt of a valid tax invoice.
11. Parts
11.1 The Service Provider may source and supply Parts reasonably required for the Services.
11.2 The Service Provider does not warrant the availability of any particular Part.
11.3 If requested Parts are unavailable, the Service Provider may propose equivalent suitable Parts for approval.
11.4 Title to supplied Parts does not pass to the Customer until all Fees relating to those Parts and the Services have been paid in full.
11.5 Risk in Parts passes to the Customer on installation or delivery, whichever occurs first.
11.6 Removed Parts will be disposed of by the Service Provider unless the Customer requests their return before the Services are completed, provided no law or warranty arrangement requires the Parts to be returned to a supplier or manufacturer.
12. Testing
12.1 The Customer authorises the Service Provider to:
(a) inspect, move, tow, position and test the Caravan as reasonably required;
(b) connect the Caravan to water where necessary for testing: and
(c) remove the internal hatch surrounds and connect a machine to draw air inside.
12.2 The Service Provider will take reasonable care during testing but is not responsible for pre-existing faults, failures or deterioration revealed by ordinary testing.
13. Inspection, Report and Findings
Any report, checklist or finding provided by the Service Provider are based on the condition of the Caravan at the time of inspection only.
The report, checklist or finding is:
(a) limited to the scope of Services as agreed;
(b) based on visible and reasonably accessible areas unless otherwise stated; and
(c) not a guarantee that all defects, faults or issues have been identified.
The Customer acknowledges that hidden, intermittent or developing issues may not have been detected; and the report must not be relied upon as a warranty, certification or guarantee of condition.
The report will be issued to the Customer upon payment of the invoice for works performed.
14. Warranties and Australian Consumer Law
14.1 The Service Provider warrants that the Services will be provided with due care and skill and in accordance with the requirements of law.
14.2 If the Customer acquires the Services as a consumer within the meaning of the Australian Consumer Law, statutory consumer guarantees may apply.
14.3 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, statutory right or other right that cannot lawfully be excluded, restricted or modified.
14.4 Subject to clause 14.3, if the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Service Provider’s liability for breach of a non-excludable guarantee is limited, to the extent permitted by law, to:
(a) supplying the Services again; or
(b) paying the cost of having the Services supplied again.
14.5 Manufacturer warranties for Parts, if any, are separate from this Agreement and are subject to the relevant manufacturer’s terms.
15. Exclusions and Limitations
15.1 Subject to clause 14, the Service Provider is not liable for:
(a) defects, failures or damage arising from fair wear and tear;
(b) pre-existing faults, hidden defects or latent damage not reasonably discoverable on inspection;
(c) deterioration caused by age, corrosion, pre-existing water ingress, rust, prior poor repairs or modifications;
(d) failure of Parts supplied by the Customer;
(e) loss caused by misuse, overloading, accident, neglect or failure to follow recommendations;
(f) delay caused by Parts availability or external suppliers; or
(g) indirect loss, consequential loss, loss of profit, loss of revenue, loss of use or loss of opportunity.
15.2 The Service Provider does not warrant or guarantee that repairs will identify every issue with water ingress to the Caravan unless the Agreement expressly provides for a comprehensive inspection.
15.3 The Service Provider does not warrant or guarantee that all sources of water ingress will be identified, particularly where damage is concealed, intermittent or dependent on weather conditions.
15.4 The Service Provider does not guarantee the lifespan or ongoing performance of any repair, particularly where the Caravan has pre-existing deterioration, age-related wear or prior damage.
15.5 Any estimated savings, performance outcomes or expected lifespan of repairs are indicative only unless expressly agreed in writing.
16. Customer-Supplied Parts and Instructions
16.1 If the Customer supplies Parts or directs the use of particular Parts, materials or methods:
(a) the Service Provider may refuse to use them if they appear unsafe, unsuitable or non-compliant;
(b) the Service Provider gives no warranty for those Parts; and
(c) the Customer bears the risk of incompatibility, defect or failure in those Parts, subject to law.
16.2 The Service Provider is not liable for delay or additional cost caused by defective or unsuitable customer-supplied Parts.
17. Insurance and Risk
17.1 The Customer must maintain appropriate insurance for the Caravan, including cover for loss or damage, as it remains the Customer’s property, or while the Caravan is being transported (if required).
17.2 The Service Provider will maintain such insurances as are reasonably appropriate for its business operations, including public liability insurance.
17.3 Subject to law, the Service Provider is not an insurer of the Caravan.
18. Cancellation and Suspension
18.1 The Customer may cancel the Services by written notice before work commences.
18.2 If the Customer cancels after the Service Provider has commenced work or ordered Parts, the Customer must pay:
(a) for work performed up to cancellation;
(b) for Parts ordered, supplied or not reasonably returnable;
(c) any subcontractor or third-party costs incurred; and
(d) any reasonable administration charge.
18.3 The Service Provider may suspend the Services if:
(a) the Customer fails to provide necessary instructions or access;
(b) the Caravan is unsafe to work on; or
(c) continued performance would be unlawful or unsafe.
18.4 The Service Provider may terminate this Agreement by written notice if the Customer materially breaches this Agreement and fails to remedy that breach within [7] days after notice.
19. Defects Notification
19.1 The Customer must inspect the Caravan on collection and, where reasonably possible, notify the Service Provider promptly of any alleged defect in the Services.
19.2 A defect notification must describe the issue in reasonable detail.
19.3 The Customer must give the Service Provider a reasonable opportunity to inspect and, where required by law or this Agreement, rectify any defect before engaging another repairer, except in an emergency.
20. Privacy and Records
20.1 The Service Provider may collect, use and disclose the Customer’s personal information for the purposes of:
(a) providing the Services;
(b) administering the Agreement;
(c) ordering Parts and engaging subcontractors;
(d) processing payments and recovering debts; and
(e) complying with legal obligations.
20.2 The Service Provider may keep service records, photographs, diagnostic data and communications relating to the Caravan and the Services.
21. Dispute Resolution
21.1 If a dispute arises under this Agreement, a party must give the other party written notice setting out the nature of the dispute.
21.2 Within seven [7] Business Days after notice, representatives of the parties must confer in good faith to attempt to resolve the dispute.
21.3 If the dispute is not resolved within fourteen [14] Business Days after the initial conference, either party may commence proceedings in a court of competent jurisdiction in Victoria.
21.4 This clause does not prevent a party from seeking urgent interlocutory or injunctive relief.
22. Notices
22.1 A notice under this Agreement must be in writing and may be given by hand, post or email to the recipient’s contact details set out in this Agreement or any updated details notified in writing.
22.2 A notice is taken to be received:
(a) if delivered by hand, at the time of delivery;
(b) if sent by post within Australia, on the third Business Day after posting; and
(c) if sent by email, at the time the email enters the recipient’s information system, unless the sender receives an automated rejection or failure notice.
23. General
23.1 This Agreement constitutes the entire agreement between the parties about its subject matter and supersedes prior discussions, representations and arrangements.
23.2 Any amendment to this Agreement must be in writing and signed or otherwise expressly accepted by both parties.
23.3 If any provision of this Agreement is invalid or unenforceable, that provision is to be read down or severed to the extent necessary, and the remaining provisions continue in full force.
23.4 A failure or delay to exercise a right under this Agreement does not operate as a waiver of that right.
23.5 This Agreement is governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from them.
