This is a legal document setting out the terms and conditions on which R&D Wenzel Pty Ltd ATF The Wenzel Family Trust (ABN 24 133 563 220) trading as MyAutoHub (“we”, “us”, “our”, “Supplier”) supplies goods and services to you (“Customer”). Please read these Terms in full. This summary is provided for convenience only and does not form part of the contract.
To the extent permitted by law, these Terms limit our liability, including in relation to the supply of goods and services, and in relation to parts you supply to us (if we accept them at our discretion). If we accept customer-supplied parts, you provide us an indemnity for loss or damage we may suffer arising from third-party claims connected with those parts.
Storage fees may apply. We may charge $30.00 per day (excluding GST) if:
If the total cost of goods and services exceeds $1,000.00, or where we must place a special order with a third party, we may issue an interim invoice before completion.
We may require a 25% deposit for services requiring 5 hours or more of labour or where the estimated price is $2,000 or more.
If you cancel services without giving 24 hours’ notice, or cancel a special-order part we have ordered, we may retain the deposit (if paid) and/or claim compensation for losses we incur, including the purchase price of special-order goods.
1.1 In these Terms:
1.2 Interpretation:
(a) headings are for convenience only;
(b) singular includes plural and vice versa;
(c) “including” does not limit meaning;
(d) references to writing include email and website communications;
(e) defined terms include grammatical variations.
2.1 These Terms commence on the earliest of:
(a) you signing an Application or agreeing to these Terms;
(b) you receiving an Estimate; or
(c) you placing an Order.
2.2 These Terms apply to all transactions between you and us for Goods and/or Services.
2.3 These Terms prevail over any Customer’s Terms.
3.1 Any labour, materials, costs and timeframes in an Estimate are estimates only.
3.2 We may revise an Estimate verbally or in writing where new information arises, and the revised estimate supersedes prior details.
3.3 Estimates are valid for 30 days from issue and subject to availability and price changes of Goods/materials.
4.1 We may accept or decline any Order at our discretion.
4.2 An Order is accepted when the Customer receives our verbal or written acceptance, or we supply the Goods and/or Services (whichever occurs first).
5.1 The Customer must pay the Purchase Price on delivery/collection of the Goods and/or Services, unless a trading/credit account is approved in writing.
5.2 If payment is made by EFTPOS or credit card, the Customer must pay any surcharge shown on the Invoice.
5.3 Despite clause 5.1, we may:
(a) require a 25% deposit for Services requiring 5+ labour hours, or where the estimated Purchase Price is $2,000+, or as otherwise notified (Deposit);
(b) issue interim invoices:
5.4 All invoices are issued on the basis that errors and omissions are excepted.
5.5 We may vary the Purchase Price and charge extra where costs increase due to:
(a) incorrect/incomplete/late information provided by the Customer;
(b) additional Goods requested, alterations, or additional parts required;
(c) additional Services required outside the original scope;
(d) cancellation of Services/Goods causing Loss to us (including third-party restocking/cancellation fees).
We will notify you within a reasonable time verbally or in writing.
5.6 Discounts on the Purchase Price do not apply where the Customer uses a payment plan provider (for example Afterpay), unless we agree otherwise in writing.
5.7 Prices are exclusive of taxes unless stated. Where GST (or other taxes/duties) apply, we may add them and issue a compliant Invoice.
5.8 We do not accept cheques unless agreed in writing.
5.9 The Customer must not withhold payment because of a dispute or query, unless permitted by law.
5.10 We may apply any payment received to any outstanding amount owing by the Customer.
6.1 If an amount remains unpaid for 48 hours (excluding days we are closed) after we issue the final Invoice and advise the vehicle is ready, we may charge $30.00 per day (excluding GST) storage until the vehicle is collected and paid in full.
6.2 If a vehicle is onsite and we provide an Estimate, the Customer must within 7 days approve the Estimate or collect the vehicle. If not, we may charge $30.00 per day (excluding GST) storage from the end of the 7-day period until collected/paid.
6.3 If the Customer fails to pay monies when due, we may charge interest on overdue amounts at 10% per annum, calculated daily, until paid.
6.4 The Customer must pay our reasonable costs of recovery (including legal/debt collection fees on an indemnity basis), plus storage and internal administration costs.
6.5 In addition to any common law lien, the Customer agrees we may exercise a lien over the vehicle until all amounts owing are paid.
7.1 The Customer acknowledges that uncollected goods may be dealt with in accordance with the Disposal of Uncollected Goods Act 1967 (Qld) (or applicable law). Goods/vehicles may be sold after required statutory periods and processes.
8.1 This clause applies only where we approve the Customer for a trading/credit account.
8.2 Credit may be granted at our discretion based on an Application and any other information we require.
8.3 Until credit is approved in writing (and any guarantee/indemnity received where required), we supply on cash in advance or on delivery.
8.4 Credit is provided for business or investment purposes (not predominantly personal/domestic/household purposes).
8.5 We may revise, suspend or terminate credit limits and/or trading accounts in our legitimate business interests by giving notice.
8.6 The Customer must notify us of material changes to financial position, ownership, directors/shareholding, or legal proceedings, within required timeframes.
8.7 On termination of a trading account, all monies owing become immediately due and payable.
9.1 We supply Goods in connection with providing Services.
9.2 We do not guarantee availability of Goods at specific times unless agreed.
9.3 We may agree to supply additional Goods, and the Purchase Price may vary accordingly.
9.4 We may refuse to fit Customer Supplied Parts at our discretion.
9.5 If we agree to fit Customer Supplied Parts, the Customer warrants those parts are suitable and free from defects. The Customer acknowledges:
(a) we are not the supplier of those parts for Australian Consumer Law purposes;
(b) any supplier/manufacturer warranty is between the Customer and the third party;
(c) delivery/return freight and risks for customer-supplied parts remain the Customer’s responsibility; and
(d) to the extent permitted by law, the Customer indemnifies us against Claims by third parties arising out of or connected with Customer Supplied Parts.
9.6 Except as required by law, we are not obliged to accept returns.
9.7 Manufacturer warranty claims may require inspection by the manufacturer, and outcomes depend on that third party’s decision.
10.1 Cancellation rights/obligations are set out in clause 16.
10.2 We do not warrant Services will be provided at specific times unless agreed.
10.3 We may determine the appropriate method of providing Services, consistent with our obligations.
10.4 We may appoint agents/subcontractors to perform work or exercise rights under these Terms.
10.5 Additional Services may be supplied at the Customer’s request and may vary the Purchase Price.
11.1 The Customer is in default if they:
(a) breach the Contract;
(b) fail to pay by the due date;
(c) become insolvent / unable to pay debts;
(d) have insolvency proceedings commenced; or
(e) we reasonably consider creditworthiness has materially changed.
11.2 If default occurs, we may (without limiting other rights):
(a) make all monies owing immediately due and payable;
(b) refuse to supply further Goods/Services;
(c) commence debt recovery and legal proceedings;
(d) cancel unfilled Orders and make amounts immediately payable;
(e) vary or terminate credit/trading accounts; and/or
(f) charge interest at 10% per annum, calculated daily.
12.1 Title in Goods remains with us until full payment in cleared funds is received for those Goods and all monies owing.
12.2 Risk passes to the Customer upon payment or collection (whichever occurs first).
13.1 Nothing in these Terms limits rights that cannot be lawfully limited under the Australian Consumer Law or other applicable law.
13.2 To the extent permitted by law, all implied warranties/conditions (including merchantability, fitness for purpose) are excluded.
13.3 The Customer is responsible for providing accurate information. We are not responsible where the Customer requests incorrect Services/Goods/specifications.
13.4 Where the Customer has a particular purpose, they must clearly specify it. To the extent permitted by law:
(a) the Customer is responsible for ensuring suitability/fitness;
(b) the Customer acknowledges they are not relying on our representations and must undertake their own due diligence.
13.5 To the extent permitted by law, the Customer indemnifies us for damages arising from fitment where the Customer failed to undertake due diligence.
13.6 For Goods/Services not ordinarily acquired for personal/domestic/household use, our liability is limited (at our option) to:
(a) replacing/repairing/refunding Goods; and/or
(b) re-supplying/refunding Services;
and we are not liable for Consequential Loss.
14.1 Any warranty offered by us applies only to the extent stated and subject to the Australian Consumer Law. Warranty terms (if any) will be provided separately or on the Invoice.
15.1 Terms used in this clause have the meaning in the PPSA.
15.2 The Contract is a security agreement. The Customer grants us a security interest (including a purchase money security interest where applicable) in:
(a) Goods supplied under any Order; and
(b) proceeds and after-acquired property representing those proceeds.
15.3 The Customer must do anything reasonably required for us to register, maintain and enforce our security interest.
15.4 The Customer reimburses us for costs of registration/enforcement on demand.
15.5 The Customer agrees to waive/contract out of certain PPSA notices and information rights to the extent permitted by law.
15.6 The Customer must not allow a third party security interest over Goods while title remains with us without our written consent.
16.1 We may cancel or postpone appointments where reasonable or in our legitimate business interests (for example parts delays, labour shortages). To the extent permitted by law we are not liable for Loss or Consequential Loss arising from that cancellation/postponement.
16.2 Unless we agree in writing:
(a) Orders for Goods (including Special Buy-In Orders) cannot be cancelled by the Customer; and
(b) Orders for Services cannot be cancelled unless the Customer gives at least 24 hours’ notice.
16.3 If the Customer fails to provide required notice:
(a) we may retain the Deposit (and may apply it as a credit at our discretion); and/or
(b) the Customer may be liable for reasonable administrative costs (invoiced itemised).
16.4 If the Customer cancels a Special Buy-In Order and we cannot cancel with the supplier, the Customer must pay the Purchase Price. If we can cancel but incur Loss (fees/charges), the Customer must pay that Loss.
17.1 Either party may terminate the Contract by giving at least 40 days’ written notice.
17.2 We may suspend trading/credit accounts prior to termination by notice in writing.
17.3 Termination does not affect rights/obligations accrued prior to termination. Clauses that by their nature survive continue (including payment, lien, default, limitation of liability, PPSA, cancellation, recovery costs).
18.1 Except for payment obligations, neither party is liable for delays or failures caused by events beyond reasonable control (including strikes, natural disasters, cyber events, utility outages, pandemics).
18.2 The affected party must notify the other party in writing and keep them updated.
18.3 If force majeure continues beyond 6 months, either party may terminate by written notice.
19.1 Where there is more than one Customer, liability is joint and several.
19.2 The Contract binds heirs, successors and permitted assigns.
19.3 Email execution is valid.
19.4 Waivers must be in writing and are limited to the specific instance.
19.5 Failure to enforce a right is not a waiver.
19.6 If the Customer is a trustee, the Customer warrants they have power to enter the Contract and agree they are bound personally and as trustee.
19.7 We may assign/subcontract without notice. The Customer must not assign without our written consent.
19.8 We may vary these Terms by notice and variations apply to future Orders. Where Terms are published on our website, the published Terms apply to future dealings.
19.9 Unenforceable provisions may be read down or severed without affecting the remainder.
19.10 The Customer must pay our costs (including legal costs on an indemnity basis) in connection with enforcing the Contract or recovering monies.
19.11 No set-off applies to the extent permitted by law.
19.12 Entire agreement: these Terms supersede prior discussions and prevail over Customer’s Terms unless varied in writing signed by us.
19.13 Governing law: Queensland, and parties submit to Queensland courts.
19.14 Nothing in the Contract is intended to contravene the Australian Consumer Law or other applicable legislation.
MyAutoHub
R&D Wenzel Pty Ltd ATF The Wenzel Family Trust
ABN 24 133 563 220
29 Dalton Street, Kippa Ring QLD 4021
Phone: 07 3487 1972
Email: sales@myautohub.com.au