Terms & Conditions of Services
Please read this page carefully before booking our Services:
These Terms and Conditions affect your legal rights and obligations. The following are the terms and conditions of our vehicle inspection service, domestic transport and other vehicle works and services, including (but not limited to) restoration and engine works ("Service/s"). Please read them carefully. This service is provided to individuals who are at least 18 years old or minors who have parental permission to order CCI Services. By accessing or using this site, requesting or booking CCI Services, either online, via email or telephone, you agree to be bound by these Terms and Conditions and you confirm that you are 18 years of age or older. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you do not agree to these Terms and Conditions or are under the age of 18, do not access the Site or use the Service.
"We/CCI/Carrier/Inspector/our/ours/us" means Classic Car Inspections (CCI), Sutherlands Creek, Victoria ABN 72461587218.
"Customer/Sender/you/your/yours" refer to you, the user of the Site or customer of the Services.
GENERAL TERMS AND CONDITIONS (APPLIES TO ALL SERVICES)
Payment Terms
Limitation of Liability
INSPECTIONS TERMS AND CONDITIONS
DOMESTIC TRANSPORT TERMS AND CONDITIONS
“Carrier” means Classic Car Inspection carrying on business in its own name or under any other business name and unless the context otherwise requires includes its officers, servants, agents and sub-contractors;
"Dangerous Goods" means all such Goods as are in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable, volatile or capable by their nature of causing damage or injury to other Goods or persons or animals or any other thing in which such dangerous goods are carried or stored, or any Goods which in the opinion of the Carrier are likely to cause damage or injury to persons, other Goods or property.
"Goods" means the cargo or articles or goods perishable or otherwise (including animals of any description) which the Sender or any other person has provided together with any other container or any other packaging, pallets or other storing device supplied to the Carrier;
"Receiver" means a person to whom Goods are consigned by the Sender; and
"Sender" means a person or company for whom any business is done by the Carrier or with whom any contract for the rendering of services by the Carrier is made.
TERMS AND CONDITIONS FOR ALL OTHER SERVICES
Other services including, but not limited to, restoration works, vehicle body works and engine works.
FOR MORE INFORMATION
If you have any questions or comments about this agreement, our services, or your experience with Classic Car Inspections (CCI) you can use the contact page on our site, or email us at:
[email protected]
- Inspections
- Domestic Transport
- All other Services
These Terms and Conditions affect your legal rights and obligations. The following are the terms and conditions of our vehicle inspection service, domestic transport and other vehicle works and services, including (but not limited to) restoration and engine works ("Service/s"). Please read them carefully. This service is provided to individuals who are at least 18 years old or minors who have parental permission to order CCI Services. By accessing or using this site, requesting or booking CCI Services, either online, via email or telephone, you agree to be bound by these Terms and Conditions and you confirm that you are 18 years of age or older. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you do not agree to these Terms and Conditions or are under the age of 18, do not access the Site or use the Service.
"We/CCI/Carrier/Inspector/our/ours/us" means Classic Car Inspections (CCI), Sutherlands Creek, Victoria ABN 72461587218.
"Customer/Sender/you/your/yours" refer to you, the user of the Site or customer of the Services.
GENERAL TERMS AND CONDITIONS (APPLIES TO ALL SERVICES)
Payment Terms
- All fees and charges must be paid via cash, EFT or Paypal (debit or credit card) at the time of booking, unless otherwise specified. In the event of cancellation by the customer we reserve the right to charge a cancellation fee, as specified below under specific Services.
- Some Services may require a 50% deposit before commencement. CCI will advise when this applies prior to confirmation of the Service.
- Our fees are available by contacting [email protected]. Our Terms & Conditions, Privacy and Terms of Use are available at www.classiccarinspections.com.au. We may change fees for our services from time to time. Our changes to the policy are effective immediately without notice of the changes by posting the changes on our web site. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service. All fees and charges shall, if applicable and at our discretion, be payable by deduction from any advance fee paid by the customer or otherwise shall be payable by the customer immediately upon receipt of our request for the same.
- Dissatisfaction
In the event of dissatisfaction please contact us immediately on [email protected]. We are more than happy to discuss any issues that you may have. We may request the opportunity to re-inspect the vehicle or re-address the Service, and may need to do so to deal with the complaint. Any complaints must be made within one (1) month of the inspection date or the complaint will be invalid. - CCI reserves the right to make changes to any and all parts of CCI Services at any time, without obligation to notify any person or entity of such changes.
Limitation of Liability
- We shall not have, in any event, any liability or responsibility for any loss of profits, economic loss, loss of business and loss of goodwill (in all these cases whether direct or indirect) nor for any indirect, purely economic or consequential losses incurred as a result of or in connection with any CCI Service (including any non-occurrence thereof), whether resulting from breach of contract, negligence, breach of statutory duty or otherwise.
- Under no circumstances will the CCI parties be liable to you for any damages or losses of any kind (including, direct, indirect, exemplary, special, consequential, incidental or punitive damages) resulting from, or caused by, your use of the service or the site whether in warranty, contract, tort (including negligence) or otherwise. Under no circumstances will the CCI parties be liable to any third party for any damages or losses of any kind (including, direct, indirect, exemplary, special, consequential, incidental or punitive damages) in contract, tort (including negligence) or otherwise for any loss (direct, indirect or consequential) which any third party may incur as a result of any information supplied in any inspection report or any CCI Service. Under no circumstances will the CCI parties be responsible or liable for any injury or damage that may occur as a result of any mechanical failures or safety defects that are known or unknown at the time of the inspection or a CCI Service. In no event will the CCI parties’ total liability to you for all damages, losses, or causes of action exceed a refund of the fee paid to us by you.
- For the avoidance of doubt, under no circumstances will CCI be liable to any third party in contract, tort (including negligence) or otherwise for any loss (direct, indirect or consequential) which any third party may incur as a result of any CCI Service.
- You agree to defend, at your expense, any action brought against CCI arising out of your use of the Service with any third parties or from your wilful misconduct. You will indemnify us from any costs, damages and fees incurred by Classic Car Inspection, which are attributable to such a claim.
- If any part of these terms and conditions are held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the terms and conditions will not be affected.
- Attorney Fees: In any litigation, arbitration, or other proceeding relating to the subject matter of this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations relating to the subject matter of this Agreement, the prevailing party shall be awarded its reasonable attorney fees and costs and expenses incurred.
- These terms and conditions are governed by the laws of Australia and the customer hereby irrevocably submits to the exclusive jurisdiction of the Australian courts in all disputes arising out of or relating to the use of the service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
- Title, ownership rights, and intellectual property rights in and to the Service shall remain with us. The Service and the intellectual property operating it are protected by the copyright laws of Australia and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is our property and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service are: Copyright (c) 2015-2016 Classic Car Inspections, Sutherlands Creek, Australia. All rights reserved. You will not: (1) reproduce, modify, adapt, translate, or create derivative works based on the Service or permit others to do so; or (2) perform, display, publish, distribute, transmit, broadcast, sell, license, rent, lease, transfer or otherwise exploit the CCI Content. You may not copy, imitate or use any of the CCI logos or marks without CCI’s prior written consent. All page headers, custom graphics, icons and scripts are service marks or trade dress of CCI and may not be copied, imitated or used, in whole or in part, without CCI’s prior written consent.
- Classic Car Inspections reserves the right to change its Terms and Conditions policy at any time without notification by posting an updated version of the policy on their web site. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.
- Disclaimer of Warranties
CCI makes every effort to provide a Service carried out with due care and skill, and provide outcomes of the Service that are fit for their intended purpose and/or match the description provided to the Customer. If the customer deems the Service unsatisfactory, it is the responsibility of the customer to contact CCI as soon as possible to allow CCI to remedy the issue. - You understand and agree that neither CCI, nor its subsidiary, employees, managers, officers, directors, agents, or affiliates (“CCI”), makes any representation or warranty of any kind for its Services. The CCI parties disclaim, to the extent permitted by law, any and all representations and warranties including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
- The CCI parties do not represent or warrant the vehicle’s design, compliance with any manufacturer specifications, operation, mechanical condition or safety of any vehicle inspected or any components parts.
- The CCI parties do not represent or warrant the value of the vehicle or title to the vehicle.
- Indemnification
You agree to indemnify and hold harmless the CCI Parties from and against us, any claims, demands, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of, your purchase of a CCI Inspection Report or your use of any of CCI Services, any content you submit, transmit, or download through the Service, your breach or alleged breach of these Terms of Use, your violation of any third party’s rights, your violation of any law, or any misrepresentation made by you. You will cooperate with and defend, at your expense, any such claim brought against the CCI Parties. The CCI parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with us. You will not, under any circumstances, settle any claim without the CCI parties’ prior written consent.
INSPECTIONS TERMS AND CONDITIONS
- Classic Car Inspections (CCI) is established to provide information to facilitate in the purchasing of a motor vehicle. While our purpose is to supply basic and helpful information in the purchase of a motor vehicle, the ultimate decision in determining whether a potential vehicle's acceptable condition rests with the buyer. Purchaser, and purchaser alone, shall be solely responsible for determining the adequacy of the vehicle for any and all of the uses to which the purchaser shall use the vehicle and its applications. Classic Car Inspections shall only be the supplier of relevant information with regard to a particular vehicle or vehicles. This information is supplied merely to supplement information and resources present to the purchaser and is not to be used for any other purpose.
- Use of services provided herein are done so with the expressed understanding by purchaser that there is no implied warranty by Classic Car Inspections that the particular motor vehicle purchaser is reviewing or considering purchasing is marketable or fit for the particular use to which it will be used. There is no implied warranty presented by Classic Car Inspections that the motor vehicle is fit for any particular purpose. In so using the services incorporated herein, the buyer acknowledges that they are not relying on the inspector's judgment to select any particular motor vehicle. Buyer acknowledges that there are no warranties which extend beyond the statements made herein.
- Our vehicle inspections are prepared from visual and external checks (and when deemed possible and safe by the inspector, a 5-10km test drive) only and are limited to the parts and/or items identified on the inspection report sheet. Vehicle inspections do not involve dismantling or disturbing of any structure, assembly, component or internal mechanism.
- Items which are listed on the inspection report sheet, but which are not reasonably accessible on the checked vehicle will not be inspected. In such circumstances we will be under no obligation to inspect and/or report on the part/item in question and will mark the relevant section of the report accordingly. This is not a safety inspection.
- Without prejudice to other clauses in these Terms and Conditions, please note that amongst the items we do not check are:
(a) Oil or fuel consumption
(b) Source of oil leaks
(c) Brake lining material
(d) Brake fluid for contamination (brake fluid will deteriorate over a period of time and we advise that it be replaced as recommended by the vehicle manufacturer)
(e) Operation of cassette, compact disc players or other in car entertainment apart from a radio
(f) Quality of sound or radio reception, alarm systems and non-standard accessories
(g) Cylinder compression
(h) Vehicle electrics and electronics by the use of diagnostic equipment
(i) The accuracy of in-car computer systems (for example, but in no way restricted to, computers used for route finding, fuel efficiency or otherwise)
(j) Exhaust emissions, using gas-analysing equipment
(k) Air conditioning function and efficiency by the use of specific diagnostic equipment
(l) Originality of specific components or equipment save taking photographs of same, and engine and chassis numbers when clearly visible. - Our inspection can only describe and/or identify defects actually found and/or which are reasonably capable of being found upon external visual consideration of the vehicle at the time of inspection (We cannot advise of defects if we cannot see them, or they are not apparent during inspection of the vehicle concerned, for any reason). Our inspectors will not disassemble any vehicle components or inspect components hidden under a shroud or cover that requires the use of tools to open or remove. The Inspection Report reflects the condition of the vehicle at the time of inspection. We are not responsible for any latent defects, which are later discovered. In particular please note that (without limiting the possibility to such vehicles) vehicles which have been subjected to abnormal use may have latent defects. Whilst such defects may, in appropriate circumstances, give rise to a claim against a vehicle supplier they fall outside the scope of our reports and our reports are provided to, and accepted by, customers on this basis.
- Please note that the life expectancy of a brake, exhaust or clutch system is uncertain and difficult to predict. Without prejudice to other clauses in these Terms and Conditions, the fact that such items have not been identified as faulty on the report does not, and should not be taken to imply that such a system will have a continuing life expectancy from the time of our check.
- An inspection may be adversely affected by circumstances outside of our reasonable control, including weather, lighting, and the cleanliness of the vehicle being inspected, which may diminish the thoroughness and completeness of the inspection. Since our inspections are mobile, lifts may not be available unless the vehicle owner has one and agrees to place the vehicle on it. It is not the responsibility of CCI to organise the attendance of the vehicle owner for the purpose of the inspection.
- Information on values of vehicles of the same type and similar mileage may be made available, on request, after the inspection has been completed.
- In order for the underside of the vehicle to be properly inspected it MUST be placed on a lift. If no lift is made available at the time of the inspection, the inspector may make an attempt to get photographs and make observations in this area however, if you accept these comments and findings you do so at your own risk. Without the proper access issues may be overlooked.
- Subject to the limitations set forth in these Terms & Conditions, Road testing is carried out within the immediate area of the vehicle inspection. The term 'Test-Drive' does not necessarily mean that the inspector will actually drive the vehicle himself. If the seller refuses to grant permission, the vehicle is not legal for use on the road or deemed unsafe, the inspector may at his sole discretion elect to observe from the passenger seat or not ride in the vehicle at all. If, due to circumstances outside of our reasonable control (including weather, safety or any other impediments or restrictions), a road test cannot be carried out at the time of inspection, the original fee shall remain fully payable and an additional fee will be payable for any subsequent road test we are asked to undertake. The customer is required to confirm to us that the vehicle requiring an inspection is insured and has a current registration; we will not be obliged to carry out a test drive if the customer is unable to confirm that the vehicle concerned has a valid registration and is insured. The carrying out of a test drive does not mean that we have seen a valid registration certificate.
- It is the customer's responsibility to, and the customer must, ensure that proper and safe provision is made (including the obtaining of any necessary permission) for our inspection to be carried out on garage premises with a means of elevating the vehicle, or on an off-road site with adequate level hard surface space (We need enough room for our operative to be able to walk round the vehicle and fully open all doors. There must also be enough room for our operative to park his own vehicle close to the inspection site.) If, due to circumstances outside of our reasonable control, the subject vehicle cannot be safely elevated at the time of inspection, the underside may not be inspected at all and the original fee shall remain fully payable. Furthermore an additional fee will be payable for any subsequent visits we are asked to undertake in order to complete this aspect of the inspection process.
- Any estimates for value/repair/rectification given by the operative in connection with an inspection reflect the subjective opinion of the operative concerned and are given solely as a matter of goodwill. Customers should not rely on such estimates in making any decision with regard to the vehicle inspected; estimates should be verified by an appropriate appraiser/repairer.
- All fees and charges must be paid via cash, EFT or Paypal (debit or credit card) at the time of booking. In the event of cancellation by the customer we reserve the right to charge a cancellation fee unless you have cancelled the inspection per the terms and conditions set out below.
- We also reserve the right to charge an abortive fee of $100 if, due to circumstances outside of our reasonable control, we are unable to carry out the inspection on arrival at the location (including, but not limited to, where this results from the customer's failure to make the necessary arrangements as set out in these Terms and Conditions.
- Cancellation and refund requests must be made at least three (3) business days prior to the scheduled inspection appointment (or 7 days if travel is more than 4 hours from Geelong; including interstate travel via aeroplane). These requests MUST be received by email or telephone during normal business hours (8am-5pm). Once we are on site you no longer have the right to cancel the inspection. You will receive an e-mail or phone call confirming the inspection has been cancelled and no charge will be applied; only then is the inspection cancelled. If indeed you have already made payment, you will receive a full refund for the cost of the inspection within 30 days of our written or verbal acceptance of the cancellation. If the customer has paid for any travel costs (including but not limited to aeroplane flights), these are the full responsibility of the customer and CCI is in no way liable or responsible for any cancellation fees or costs. If you do not cancel or reschedule your appointment at least three (3) business days prior to the inspection (or 7 days if travel is over 4 hours from Geelong; including interstate travel via aeroplane), the seller refuses inspection upon the arrival of the inspector, or the vehicle is inoperable or unavailable for inspection through no fault of the inspector, you are not eligible for a refund. If the visual inspection occurs but the seller refuses to allow a Test-Drive, the vehicle is not titled, registered, the vehicle cannot legally be driven, the vehicle is not properly insured, or the vehicle is unsafe or otherwise inoperable, you will be charged the full inspection amount and will not be eligible for a refund of any kind. A separate Test-Drive appointment may be scheduled for a later date for an additional fee.
- We shall not be liable for any delay in performing, or any failure to carry out an inspection to the extent that such delay or failure results from events or circumstances outside our reasonable control.
- Classic Car Inspections Inspection Reports are supplied solely for the use of the customer and are not for the use of, or to be relied upon by, any third party and the customer shall be responsible for advising any such third party accordingly. The completed report is a copyright protected document and making copies is strictly prohibited. The information and services included in or available through the Service may include inaccuracies or typographical errors. CCI provides information in the Report that reflects the known condition and observable problems of the vehicle at the date of the inspection only. CCI is not liable for any unknown or latent conditions, issues or situations with the vehicle.
DOMESTIC TRANSPORT TERMS AND CONDITIONS
“Carrier” means Classic Car Inspection carrying on business in its own name or under any other business name and unless the context otherwise requires includes its officers, servants, agents and sub-contractors;
"Dangerous Goods" means all such Goods as are in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable, volatile or capable by their nature of causing damage or injury to other Goods or persons or animals or any other thing in which such dangerous goods are carried or stored, or any Goods which in the opinion of the Carrier are likely to cause damage or injury to persons, other Goods or property.
"Goods" means the cargo or articles or goods perishable or otherwise (including animals of any description) which the Sender or any other person has provided together with any other container or any other packaging, pallets or other storing device supplied to the Carrier;
"Receiver" means a person to whom Goods are consigned by the Sender; and
"Sender" means a person or company for whom any business is done by the Carrier or with whom any contract for the rendering of services by the Carrier is made.
- THE CARRIER IS NOT A COMMON CARRIER and will accept no liability as such. The Carrier reserves the right to refuse the carriage or transport of Goods for any person, corporation or company and the carriage or transport of any class of Goods at its discretion.
- This consignment, whether the Goods are delivered or not, shall be subject to these Conditions and shall be governed by the law of Australia. Any proceedings against the Carrier shall be brought in Australia, and not elsewhere, within twelve (12) months from the date of contract. The Carrier shall not be bound by any agreement purporting to vary these Conditions unless such agreement shall be in writing and signed by the Director of the Carrier.
- If the Sender expressly or impliedly instructs the Carrier to use or it is expressly or impliedly agreed that the Carrier will use a particular method of handling or storing the Goods or a particular method of carriage, whether by road, rail, sea or air, the Carrier will give priority to that method but if it cannot conveniently be adopted by the Carrier the sender hereby authorises the Carrier to handle or store or to carry or to have the Goods carried by another method or methods. The Carrier shall be entitled to open any document, wrapping, package or other container in which the Goods are placed or carried, to inspect the Goods to determine their nature or condition or for the purposes of determining their ownership or destination where any consignment note or other identifying document or mark is lost, damaged, destroyed or defaced.
- The Sender will be and remain responsible to the Carrier for all the Carrier's proper charges incurred for any reason. A charge may be made by the Carrier in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the Carrier reporting for loading or unloading, or arriving at the Receiver’s location. Labour to load or unload Goods shall be the responsibility and expense of the Sender or Receiver. Should the Receiver not be in attendance at the time specified or the Labour not available, the Carrier reserves the right to make a further charge for every call made until delivery is affected.
- When these Conditions apply to or form part of an air waybill issued by the Carrier in its capacity as a contracting party for air transportation, it is agreed that the transportation to the airport of departure and from the airport of arrival does not constitute part of the contract of air carriage. As far as the Carrier takes over the arrangement of performance of such services, this is done under a separate contract which is subject to these terms and conditions and (to the extent only to which these terms and conditions do not or cannot exclude or modify the operation of any applicable legislation) to that legislation.
- The Carrier may have the Goods carried, stored or otherwise handled by any servant or agent or sub-contractor of the Carrier or any servant or agent of any sub-contractor or by any other person and the Sender hereby authorises any deviation from the usual route or manner or method of cartage, or method or place of storage of Goods which may in the absolute discretion of the Carrier be deemed desirable or necessary in the circumstances.
- The Sender acknowledges and agrees that neither the Carrier nor any servant or agent or sub-contractor of the Carrier nor any other person who carries the Goods at any time pursuant to the consignment of the Goods, shall in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for any personal injury or loss or damage to or miss-delivery, delayed delivery or non-delivery of the Goods or any of them whether in transit or in storage or otherwise, nor for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, miss-delivery, delayed delivery, non-delivery or consequential damage or injury is caused or alleged to have been caused by the negligence or wrongful act or default of the Carrier or is servants or agents or sub-contractors or the servants or agents of any sub-contractors or by any cause whatever.
- If express instructions are given in writing via email, Transit Insurance will be arranged by the Carrier. The insurance will be arranged with such insurer or insurers as the Carrier may select and will be subject to the conditions, limitations and exclusions usually contained in the standard form of policy adopted by the insurer. In no circumstances will the Carrier be under liability in respect of any such insurance otherwise than to arrange it in accordance with these Conditions. The Sender is liable for all insurance costs.
- Should a person require the Carrier to pick-up Goods on that person’s behalf from a third party, any receipt the Carrier may give the third party when effecting the pick-up is no more than a record of the pick-up and cannot be construed as confirmation of the quality or condition of the Goods. The Carrier will transport the Goods in the condition received from third party and is no way responsible for informing the person/Sender of the quality or condition, or for the quality or condition of the Goods (due to any lack of information provided by the third party) upon delivery to the Receiver. If the Sender or Receiver wishes to return the Goods to the third party due to the quality or condition of the Goods, the Sender will be charged the standard Carrier rates. It is not the responsibility of the Carrier to return any unwanted Goods once the Goods are transported to the Receiver.
- When a Sender requires the Carrier to deliver Goods to a third party, the quality and condition of the Goods is and remains the responsibility of the Sender. The Carrier will transport the Goods to the third party in the quality and condition received from the Sender and is no way responsible for informing the third party of the quality or condition, or for the quality or condition of the Goods (due to any lack of information provided by the Sender) upon delivery to the Receiver. If the third party or Receiver wishes to return the Goods to the Sender due to the quality or condition of the Goods, the Sender will be charged the standard Carrier rates. It is not the responsibility of the Carrier to return any unwanted Goods once the Goods are transported to the third party or Receiver.
- The Carrier’s charges shall be deemed fully earned as soon as the Goods are loaded and despatched on the Sender’s behalf and shall be payable and non-refundable in any event.
- Where it is agreed that the charges for carriage will be paid by the Receiver or a third party the Sender will indemnify the Carrier against any loss resulting from the non-payment of the charges by the Receiver or third party and without limiting the generality hereof, the Sender agrees that if or insofar as any charges are not paid by the Receiver or third party on demand the Sender will on demand pay the same to the Carrier.
- Any person delivering Goods to the Carrier for carriage, or picking up Goods after carriage, is deemed to have authority from the Sender.
- The Sender warrants:
- That the Sender is the owner of the Goods or otherwise has the authority of the owner to consign the Goods upon and subject to these Terms and Conditions.
- That the Goods comply with the requirement of any applicable law (including the Australian Code for the Transport of Dangerous Goods by Road and Rail and Air Navigation Orders Part 33) relating to the consigning and packaging of the Goods and the expenses and charges of the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs warehouse or other authority or company shall be paid by the Sender.
- That if any of the Goods are subject to the control of the Customs all customs duty, excise duty and costs which the Carrier becomes liable to pay or shall pay in respect of such Goods pursuant to any law relating to customs or excise shall be paid or reimbursed by the Sender.
- That the Sender has complied with all applicable laws relating to Dangerous Goods by fully describing in writing whether on the consignment note or separately (and in the latter case has brought the description to the actual attention of the Carrier's servants or agents) the name and nature and the value of all Goods of a noxious, dangerous, hazardous or inflammable nature or capable of causing damage or injury to any other Goods, to any person or animals with which, or to any store, vessel, vehicle, wagon, van, aircraft or conveyance of any kind whatsoever in which they may be loaded, carried, packed or stored and additional freight charges shall be paid on such Goods if deemed necessary by the Carrier.
- That the Goods are packed in a manner adequate to withstand the ordinary risk of carriage having regard to their nature and that the Sender has correctly declared the weight of the Goods. - The Sender and the Receiver are liable for and shall indemnify the Carrier against all duties, taxes, payments, fines, expenses, losses, damages (including physical damage) and liabilities, whether or not arising out of the negligence of the Carrier, incurred by the Carrier in the performance of its obligations hereunder, including any liability to indemnify any other person against claims made against such other person by the Sender, Receiver or owner of Goods. Without limiting this clause, the Sender and the Receiver shall be liable for and shall indemnify the Carrier against all liability for goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999 as amended and any other goods and services tax, value added tax, consumption tax or tax of similar effect levied from time to time.
- The Carrier shall have a general lien and a particular lien on all Goods or documents relating to any and all Goods in their possession for any and all sums due at any time from the Sender or the Receiver, and shall be entitled to sell or dispose of such Goods or documents at the expense of the owner of those Goods and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the owner of the Goods notwithstanding the fact that the Goods or documents thereby sold or disposed of do not relate to the sum or sums due to the Carrier. Without limiting this Condition, the Sender indemnifies the Carrier against all solicitor-client legal costs incurred by the Carrier for any reason in respect of these Conditions and any contract hereunder, and the general lien hereunder shall be available to cover all such costs incurred by the Carrier.
- These Conditions, and in particular and without limiting the generality hereof the limitations and exclusions of the Carrier’s liability herein contained, shall continue to apply and to be of full force and effect in all circumstances notwithstanding any breach or alleged breach by the Carrier of the contract of carriage and in particular (but without limitation of the generality hereof), notwithstanding any departure by the Carrier from these Conditions or the conditions of this contract of carriage whether by way of deviation or otherwise howsoever.
- The provisions of these Conditions shall apply to the container or containers or other packaging containing Goods and to any pallet or pallets delivered with the Goods to the Carrier. The Sender shall be responsible for the conformity of such containers, packaging and pallets with any requirements of the Receiver and for the expense incurred by the Carrier arising from any failure so to conform.
- The Carrier may charge freight by weight, measurement or value and may at any time re-weigh or re-measure or re-value or require the Goods to be re-weighed or re-measured or re-valued and charge proportional additional freight accordingly.
- The Carrier will deliver Goods at intermediate points only by special arrangement and then only provided suitable facilities and labour to load or unload are available at all hours.
- In regard to Goods which the Carrier has been requested by the Sender to pack and which are described on the face hereof the Carrier shall not be liable for any damage or loss whatsoever whether in the course of packing or in transit or otherwise and howsoever occasioned to the said Goods or any of them.
- Notwithstanding the provisions hereof these Conditions shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 (as amended) or any other Commonwealth or State legislation insofar as such may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty.
TERMS AND CONDITIONS FOR ALL OTHER SERVICES
Other services including, but not limited to, restoration works, vehicle body works and engine works.
- The customer recognises that CCI makes every attempt to select the most reliable goods, parts and products, and that CCI will make best efforts to keep the customer’s vehicle up and running efficiently and cost-effectively, within the limits of the client’s budget.
- Our labour is warranted for 90 days and parts are subject to manufacturer's warranty and conditions. There is no warranty on customer supplied parts.
- In the event of any preliminary signs of malfunction, it is the customer's responsibility to cease operation and report the problem to CCI. Failure to comply with this condition may result in more serious consequential damage and void any manufacturer warranty on parts. CCI is in no way liable or responsible to address the malfunction if in the event of any preliminary signs of malfunction it is not reported immediately (within 7 days of first sign of malfunction) to CCI.
- CCI reserves the right to refuse any claim made following Services if, in its sole opinion, the fault has occurred because of conditions not related to the work carried out by CCI and if anyone other than an employee of the company has carried out any work under question.
- CCI is not responsible for a customer’s actions or lack of action, including, but not limited to:
- Failure to carry out proper maintenance
- Insufficient or incorrect oil & or lubricants
- Misuse, abuse, overloading, accidents or negligence
- Incorrect repairs, alterations or dismantling
- Parts supplied by the customer
- Refusal by customer to follow recommended guidelines for additional/preventative servicing or parts.
- Should a 3rd party garage or service provider identify that our service or parts used during our service are inaccurate, CCI will retain the right to provide the customer with written or visual documentation that all proper procedures were followed.
- CCI will not refund the cost of our service, nor will CCI be responsible for incurring the cost of any service redone by a 3rd party garage or mechanic, deemed improper by a 3rd party garage or mechanic, without consulting CCI first. CCI will not be responsible for any damage or damages, personal or vehicular, caused by our services and/or procedures. Unless without a reasonable doubt and documented by a 3rd party insurance company, CCI cannot be held responsible.
FOR MORE INFORMATION
If you have any questions or comments about this agreement, our services, or your experience with Classic Car Inspections (CCI) you can use the contact page on our site, or email us at:
[email protected]