Rockhampton Mobile Mechanic (RMM) Terms and Conditions for the Supply of Goods and Services
1.1. "Customer" refers to the individual, company, or any authorized representative of the Customer engaging RMM (Rockhampton Mobile Mechanic) to provide Goods and/or Services, in accordance with these Terms.
1.2. "RMM" stands for Rockhampton Mobile Mechanic with Australian Business Number (ABN) 64 542 703 649.
1.3. "Goods" include all accessories, automotive parts, products, and workshop consumables supplied by RMM to the Customer. It also encompasses any other goods supplied to the Customer by RMM as incidental to the provision of Goods and Services.
1.4. "Services" comprise all services provided by RMM to the Customer in accordance with these Terms, encompassing but not limited to automotive services and repairs, technical advice, breakdown salvage, towing, and all charges for labor, hire, insurance, freight, or any fees associated with the provision of Services.
1.5. "Vehicle" refers to the automobile, plant, or equipment for which RMM provides Goods and/or Services.
2.1. Any written or verbal instructions or authorization received by RMM from the Customer for the supply of Goods and/or Services constitutes a binding agreement, and the Customer is deemed to have accepted these Terms.
2.2. Any agent, director, or employee of the Customer instructing RMM to provide Goods and/or Services or signing an agreement authorizing RMM to provide Goods and/or Services is deemed to have full authority to provide instructions or sign the agreement.
2.3. RMM is authorized to accept verbal and/or written instructions related to the supply of Goods and/or Services from any agent or employee of the Customer.
3. Supply of Goods and Services
3.1. The Customer authorizes RMM to dispose of any parts removed from the Vehicle and replaced by RMM. RMM will retain removed parts for Customer collection within seven (7) days of Vehicle delivery if the Customer provides written notice to RMM before RMM commences the supply of Goods and/or Services.
3.2. Unless otherwise specified or negotiated, the supply of Goods and/or Services by RMM to the Customer will occur during RMM's regular business hours. If the Customer requests Goods and/or Services outside RMM's regular business hours, RMM reserves the right to charge an overtime surcharge.
4. Payment Terms
4.1. If no price is stated in writing or agreed upon orally, Goods and/or Services are considered to be supplied at RMM's prevailing Goods prices and hourly labor/service charges at the time RMM is engaged for the Customer's Goods and Services.
4.2. An agreed price may be increased by any reasonable cost increase in the supply of Goods and/or Services that is beyond RMM's control, occurring between the engagement date and the actual supply of Goods and/or Services.
4.3. Unless otherwise agreed, the Customer must fully pay the price upon presentation of the tax invoice for the supply of Goods and/or Services and before collecting the Vehicle.
4.4. Prices do not include GST, and any applicable GST or other taxes or duties are payable in addition to the price.
4.5. Receipt of a negotiable instrument, such as a check, does not constitute payment until the instrument is paid in full.
4.6. If any tax invoice becomes overdue, RMM reserves the right to charge an administration fee of 10% of the remaining invoice amount per day it is late.
4.7. The Customer is responsible for paying RMM's costs and disbursements incurred in pursuing recovery actions or any other claims or remedies against the Customer, including collection costs, debt recovery fees, and legal costs, arising from the Customer's failure to make timely payments.
5. Time for Completion
5.1. RMM provides no warranties regarding:
(a) When Goods and/or Services are to be supplied.
(b) The duration of time for the supply of Goods and/or Services, regardless of any specified timeframe.
(c) Any completion date for the supply of Goods and/or Services.
6. Title and Security
6.1. RMM retains title in all Goods provided to the Customer until the Goods are paid for in full. The Customer must not transfer, charge, or deal with the Goods until paid in full.
6.2. RMM may reclaim possession of Goods held by RMM at any time with notice to the Customer. The Customer grants RMM the right to enter any property occupied by the Customer to exercise these rights.
6.3. The Customer charges all beneficial interests (freehold and leasehold) in any real property owned or to be owned by the Customer in the future to secure the performance of obligations under these Terms.
6.4. The Customer grants a security interest, as defined in the Personal Property Securities Act 2009 (Cth) (PPSA), to RMM in:
(a) The Customer's Vehicle(s) for which RMM has supplied Goods and/or Services.
(b) All present and future property owned by the Customer, as security for fulfilling obligations under these Terms.
6.5. The Customer acknowledges RMM may take any reasonably necessary steps to perfect the security interest and comply with PPSA requirements. The Customer agrees to provide all necessary information and assistance to facilitate these actions.
6.6. The Customer waives the right to receive a verification statement concerning registration events related to commercial property under section 157 of the PPSA.
6.7. The Customer and RMM agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA.
7. Limitation of Liability and Warranties
7.1. Vehicles provided to RMM by the Customer are held by RMM at the Customer's risk. The Customer releases RMM from any claims, including negligence claims, for damage to the Vehicle or losses incurred by the Customer while the Vehicle is in RMM's possession.
7.2. Risk in the Goods transfers to the Customer upon delivery.
7.3. RMM, its agents, and employees shall not be liable to the Customer for any loss, damage, costs, or expenses resulting from delays in supplying Goods and/or Services or any failure to supply part of the Services, whether in contract, tort, negligence, or breach of statutory duty.
7.4. RMM, to the extent allowed by law (including the Competition and Consumer Act 2010), excludes liability for any loss or damage, including consequential loss, arising from RMM's supply of Goods and/or Services, regardless of whether the loss resulted from RMM's negligence.
7.5. Where applicable law permits, RMM's liability for a breach of a condition or warranty not excludable by law is limited, at RMM's discretion, to:
(a) Replacing or repairing the Goods;
(b) Supplying equivalent Goods and/or Services;
(c) Covering the cost of replacing or repairing the Goods or acquiring/providing equivalent Goods and/or Services.
7.6. The Customer must inspect the Vehicle upon delivery and notify RMM of any alleged defects, damage, or failure to supply Goods and/or Services as instructed by RMM. If the Customer believes Goods and/or Services