 |
| Quiet-A-Drive Terms and Conditions |
|
These terms and conditions apply to the purchase of mechanical repairs, car parking and car cleaning services from Quiet-A-Drive through the website www.quietadrive.com. Please read these terms and conditions and tick the "I have read and understood the terms and conditions" box on either the "Booking" or "Quote " page if you agree to them. If you do not agree to these terms and conditions you cannot purchase mechanical repairs, car parking or car cleaning services from Quiet-A-Drive and must exit the Shopping Cart. |
|
1. REQUEST FOR SERVICES |
1.1 If you would like to be provided with Services you must: |
|
1.1.1 complete your personal details in the Shopping Cart; 1.1.2 complete your vehicle details in the Shopping Cart; 1.1.3 select the Services required from the Shopping Cart; and 1.1.4 tick the "I have read and understood the terms and conditions" box on either the "Booking" or "Quote" page. This will then generate a Request for Services to be sent to Quiet-A-Drive. The Request for Services is an offer capable of acceptance by Quiet-A-Drive. |
|
1.2 After receipt of a Request for Services, Quiet-A-Drive will respond to you by email specifying whether it can provide the Services. Where Quiet-A-Drive agrees to provide the Services, the email will be deemed a Services Voucher. |
|
1.3 If Quiet-A-Drive issues a Services Voucher it will constitute a binding contract between Quiet-A-Drive and you for Quiet-A-Drive to provide, and you to receive, the Services specified in the Services Voucher in accordance with this Agreement and the details in the Services Voucher. |
|
1.4 Unless otherwise agreed by Quiet-A-Drive, neither the Services nor any other details in a Services Voucher may be changed after the receipt by Quiet-A-Drive of a Request for Services. If Quiet-A-Drive agrees to a change in the Services or details in the Services Voucher, you must pay any charges of Quiet-A-Drive in connection with the change. |
|
2. REDEEMING A SERVICES VOUCHER |
|
2.1 The Services Voucher is redeemable by you: |
|
2.1.1 in the case of City Services, by presenting the Vehicle and the Services Voucher to the Car Park Operator at the Car Park Operator's Premises on or before 9am on the date specified in the Services Voucher; 2.1.2 in the case of Fleet First, by ensuring the Vehicle is ready for collection on or before 9am on the date specified in the Services Voucher at the location specified in the Services Voucher; and 2.1.3 in the case of Suburban Services, by presenting the Vehicle and the Services Voucher to Quiet-A-Drive at Quiet-A-Drive's Premises on the date specified in the Services Voucher. |
|
2.2 When seeking to redeem a Services Voucher under clause
2.1, you must attend in person with your driver's licence
photo identification. 2.3 If you fail to redeem the Services Voucher in accordance with clauses 2.1 and 2.2: |
|
2.3.1 Quiet-A-Drive is under no obligation to provide the Services; and 2.3.2 where Quiet-A-Drive decides to provide the Services, it will use reasonable efforts to provide the Services in accordance with the timing specified in the Services Voucher. |
|
2.4 Quiet-A-Drive may in its absolute discretion refuse to provide you with any or all Services specified in a Services Voucher where: |
|
2.4.1 Quiet-A-Drive or the Car Park Operator has reason to believe that the Services Voucher is a forgery, has been fraudulently obtained, has been previously redeemed or the person named in the Services Voucher is not the person attending for the Services; or 2.4.2 where the Services include Parking, you do not agree to, or do not abide by, the terms and conditions of the Car Park Operator. |
|
3. PROVISION OF SERVICES |
|
3.1 In consideration of payment by you of the Services Fees, Quiet-A-Drive will provide the Services to you. 3.2 Where the Services specified in a Services Voucher include Parking or Vehicle Cleaning, you agree that these Services will be provided by a third party as subcontractor to or agent of Quiet-A-Drive. 3.3 All Mechanical Repairs will be conducted by Quiet-A-Drive at Quiet-A-Drive's Premises. Where City Services or Fleet First are specified in a Services Order, you authorise Quiet-A-Drive to drive the Vehicle to and from the Car Park Operator's Premises or other specified address and Quiet-A-Drive's Premises. 3.4 The availability, content and price of the Services may change from time to time. To the extent permitted by law, Quiet-A-Drive does not guarantee, and will not be liable for any Loss in relation to any change in the availability, content or price of the Services. |
|
|
|
4.1 On completion of the Services, Quiet-A-Drive will issue an invoice to you by email. You can elect to pay online or over the phone by credit card. 4.2 The Services Fees includes all fees and charges payable in respect of any Parking and Vehicle Cleaning specified in the Services Voucher. 4.3 On receipt of payment Quiet-A-Drive will return the Vehicle to the Car Park Operator or other address specified in the Services Voucher so that it can be collected by you. 4.4 If any GST is imposed on any supply made under this Agreement and GST has not been expressed to be included in the consideration payable for the supply, the receiving party must pay, in addition to and at the same time as that consideration is payable or to be provided for the supply, an additional amount calculated by multiplying that consideration (without deduction or set-off) by the prevailing GST rate. |
|
5. CAR PARK OPERATOR WAIVER |
|
5.1 Where the Services specified in a Services Voucher include Parking, at all times while the Vehicle is at the Car Park Operator's Premises the Vehicle will be subject to the Car Park Operator's terms and conditions. A copy of the Car Park Operator's terms and conditions may be found at the entry to each of the Car Park Operator's Premises. 5.2 You agree and covenant in favour of the Car Park Operator that the Car Park Operator will not be liable where the Vehicle: |
|
5.2.1 is being driven to or from the Car Park Operator's Premises by Quiet-A-Drive;
5.2.2 is at Quiet-A-Drive's Premises; or 5.2.3 is in the care, custody and control of Quiet-A-Drive at any time within the Car Park Operator's premises. |
|
6. LIABILITY OF QUIET-A-DRIVE |
|
6.1 To the extent permitted by law, Quiet-A-Drive excludes all: |
|
6.1.1 liability for Claims arising in relation to the period of time during which the Vehicle is at the Car Park Operator's Premises or otherwise not in Quiet-A-Drive's control or any Loss caused by or to the Vehicle during that time;
6.1.2 liability for indirect, consequential or special Loss; and 6.1.3 conditions and warranties implied by custom, the general law or statute. |
|
6.2 Despite any other provision in this Agreement: |
|
6.2.1 Quiet-A-Drive does not exclude or limit the application of any statute where to do so would contravene that statute or cause any part of this clause to be void; and
6.2.2 nothing in this clause limits Quiet-A-Drive's liability for personal injury or death to the extent caused by a negligent act or omission of Quiet-A-Drive. |
|
6.3 Where the Trade Practices Act 1974 or other laws imply conditions or warranties in respect of this Agreement and it is not lawful or possible to exclude them, Quiet-A-Drive's liability for any breach of such condition or warranty will be limited to the extent permitted by law, at Quiet-A-Drive's option:
|
|
6.3.1 in the case of goods supplied- to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and
6.3.2 in the case of services supplied- to the supplying of the services again or the payment of the cost of having the services supplied again. |
|
7. FORCE MAJEURE |
|
7.1 Quiet-A-Drive is not liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure. 7.2 If a delay or failure of Quiet-A-Drive to perform its obligations is caused or contributed to by a Force Majeure, the performance of Quiet-A-Drive's obligations will be suspended. If a delay or failure by Quiet-A-Drive to perform its obligations due to Force Majeure exceeds 5 days, either party may immediately terminate this Agreement on providing notice in writing to the other party. |
|
8. GENERAL |
|
8.1 This Agreement may only be varied, modified or amended by another document executed by the parties. 8.2 Each clause in this Agreement is severable from the others and if any clause is found to be unenforceable it will not affect the validity of any other clause. 8.3 This document embodies the entire understanding and agreement between the parties in relation to the subject matter of this Agreement. 8.4 This Agreement is governed by and is to be construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. |
|
9. DEFINITIONS |
|
9.1 In this Agreement, unless the contrary intention appears: Car Park Operator means the car park operator the details of which are identified in the Shopping Cart and specified in the Services Voucher. Car Park Operator's Premises means the Car Park Operator's premises the details of which are identified in the Shopping Cart and specified in the Services Voucher. City Services means one of the following chosen by you: |
|
(a) Mechanical Repairs and Parking, with the Vehicle being
left at, and retrieved from, the Car Park Operator's
Premises or another address specified in the Services
Voucher, by you; or (b) Mechanical Repairs, Parking and Vehicle Cleaning with the Vehicle being left at, and retrieved from, the Car Park Operator's Premises or another address specified in the Services Voucher, by you, and |
|
includes any variation to the Services agreed to by you
(whether in writing or by phone confirmation). Claim means any action, complaint, suit, proceeding, claim or demand, or legal, administrative, governmental, arbitral or other proceeding or investigation, whether based upon or arising pursuant to the principles of contract, strict liability, negligence or other tort, breach of any statutory duty, principle of indemnity, equity or otherwise. Fleet First means Mechanical Repairs, with the Vehicle being collected and returned to the address specified in the Services Voucher by you, and includes any variation to such Services agreed to by you (whether in writing or by phone confirmation). Force Majeure means a circumstance beyond the reasonable control of Quiet-A-Drive and which results in Quiet-A-Drive being unable to observe and perform on time an obligation under this Agreement. GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 and any other law which imposes or otherwise deals with the imposition or administration of a goods and services tax in Australia. Loss means any loss, cost, damage, expense, liability or other detriment. Mechanical Repairs means the mechanical repair services selected in the Shopping Cart plus any additional vehicle repairs that may be requested. Parking means the provision of a parking space at the Car Park Operator's Premises. Quiet-A-Drive means the mechanical repair business division of Paramount Property Group Pty Limited. Quiet-A-Drive's Premises means 27 Rochester Street, Botany, NSW, 2019. Request for Services means a request from you to Quiet-A-Drive to provide the Services, as set out in clause 1.1. Services means the services to be provided by Quiet-A-Drive, such services being selected by you and added to the Shopping Cart, being either City Services, Fleet First or Suburban Services. Services Fees means the fees for the Services as specified in the Services Voucher or otherwise agreed from time to time. Services Voucher means a confirmation of booking email issued by Quiet-A-Drive, which outlines to you the Services to be provided by Quiet-A-Drive. Shopping Cart means the on-line function of the Website for requesting a Services booking or quote. Suburban Services means one of the following chosen by you: |
|
(a) Mechanical Repairs with the Vehicle being left at, and
retrieved from, Quiet-A-Drive's Premises by you; or (b) Mechanical Repairs and Vehicle Cleaning with the Vehicle being left at, and retrieved from, Quiet-A-Drive's Premises by you, and |
|
includes any variation to the Services agreed to by you (whether in writing or by phone confirmation). Vehicle means your car, truck or other vehicle details of which are completed in the Shopping Cart and specified in the Services Voucher, and includes the keys and alarm deactivator for the Vehicle. Vehicle Cleaning means a standard internal vacuum and external wash. Website means www.quietadrive.com. You means the person whose details are completed in the Shopping Cart and specified in the Services Voucher. |