TERMS AND CONDITIONS

1. DEFINITIONS
1.1 Throughout interpretations are applicable:

"Northern Panel and Smash Repairs" means the trading name Northern Panel and Smash Repairs 19311573036 owned and operated by Saif Alizai.

"Customer" is defined to mean the individual or entity purchasing and receiving Goods and/or Services sold and/or provided by Northern Panel and Smash Repairs.

"Completion Date" means, with regard to any Goods or Services, the date as agreed upon between Northern Panel and Smash Repairs and the Customer or the date as stipulated by Northern Panel and Smash Repairs by which the Goods are to be delivered and/or the Services are to be provided.

“Goods" means goods or part sourced and supplied or to be supplied by Northern Panel and Smash Repairs to the Customer including goods manufactured at the Customer’s request;

“Services" means services supplied or to be supplied by Northern Panel and Smash Repairs to the Customer including but not limited to panel beating, or spray painting, or mechanical work, or electrical work, or windscreen repairs and/or replacement, or the transportation of the Customer’s vehicle or vehicles at the Customer’s request, or any other work carried out as requested by the Customer;

"Moneys" means all moneys now or in the future actually or contingently owing by the Customer to Northern Panel and Smash Repairs and includes any part of those moneys and includes all interest accruals and costs, expenses, and disbursements;

“PPSA” means the Personal Property Securities Act 2009 (Cth).

2. TERMS AND CONDITIONS
2.1 Northern Panel and Smash Repairs and the Customer agree that these terms and conditions (Terms and Conditions) shall apply to the supply of all Goods and/or Services provided by Northern Panel and Smash Repairs to the Customer despite any prior agreements, prior offers, dealings or trade usages, or any terms communicated by the Customer to Northern Panel and Smash Repairs.

2.2 The Customer agrees and accepts to be bound by these Terms & Conditions without limitation or waiver (notwithstanding that the Customer may not have signed these Terms & Conditions) upon the Customer’s approval of Northern Panel and Smash Repairs carrying out work whether that be the supply of goods, the performance of services or both, at the request of the Customer. Where the Customer permits, either by act or implied conduct, Northern Panel and Smash Repairs to carry out work whether that be the supply of goods, the performance of services or both, for the Customer, such permission is prima facie evidence of the Customer’s acceptance and agreement to be bound by these Terms & Conditions without limitation or waiver.

3. QUOTATIONS
3.1 If Northern Panel and Smash Repairs provides or has provided any quotation, whether in writing or verbally, to a Customer for Goods and/or Services ("Quotation"):

3.1.1 the Terms and Conditions apply to the Quotation;

3.1.2 the price included for the Quotation shall be Northern Panel and Smash Repairs’ current price as at the date of the Quotation and the price actually payable for the Goods and/or Services shall be Northern Panel and Smash Repairs ‘current price as at the date of the Customer's acceptance of the Quotation;

3.1.3 the Customer will be notified of the additional cost of the additional Goods or Services required;

3.1.4 Northern Panel and Smash Repairs will carry out the required work after confirmation from the Customer as to the extra cost for Goods and Services.

3.1.5 the Quotation will detail any charges for delivery of the Goods and/or Services;

3.1.6 subject to paragraph 3.2, the Quotation shall remain valid for acceptance by the Customer for thirty (30) days after the date of the Quotation.

4. ORDERS
4.1 If the Customer has made an order for Goods and/or Services without a Quotation provided by  Northern Panel and Smash Repairs ("Order"):

4.1.1 the Order is subject to acceptance by Northern Panel and Smash Repairs (whether verbally or in writing);

4.1.1.2 the price actually payable for the Goods and/or

4.1.1.3 Services is Northern Panel and Smash Repairs’ current price as at the date of Northern Panel and Smash Repairs’ acceptance of the Order;

4.1.1.4 for some Goods and/or Services Northern Panel and Smash Repairs requires a deposit to be paid by the Customer at the time an Order is made. The details of the deposit will be provided by Northern Panel and Smash Repairs to the Customer in writing or verbally and is usually the amount for which the parts are costing within the job;

4.1.2 Northern Panel and Smash Repairs reserve the right to cancel an Order if payment is not made at the time of the Order by the Customer; and

4.1.3 Northern Panel and Smash Repairs further reserve their right to seek payment for an Order from a Customer if the Customer decides that they no longer want to proceed with an Order.

5. VARIATION OR CANCELLATION
5.1 After the Customer's acceptance of a Quotation or Northern Panel and Smash Repairs’ acceptance of an Order:

5.1.2 no change in the specification of Goods and/or Services shall bind Northern Panel and Smash Repairs, unless Northern Panel and Smash Repairs expressly agrees to the change in writing; and

5.1.3 if the Customer cancels the Order or Quotation after acceptance, the Customer will pay Northern Panel and Smash Repairs any loss, damage or expense incurred by Northern Panel and Smash Repairs in relation to the supply or proposed supply of the Goods and/or Services whether by Order or Quotation.

6. CHARGES AND TAXES
6.1 Unless otherwise expressly stated, the price of Goods and/or Services excludes all freight, transportation, shipping, insurance, packing, crating or casing, storage, handling, demurrage, external Sublet, delivery, export and similar charges, and all sales, GST, excise or other taxes, and the Customer shall pay and indemnify Northern Panel and Smash Repairs for those charges or taxes. If Northern Panel and Smash Repairs expressly agrees in writing that the price includes any of these charges or taxes, the price is subject to adjustment for increases in any of those charges or taxes after the date of the Quotation or acceptance of the Order.

6.2 The Customer shall pay all taxes, levies, duties and assessments of every nature due in connection with the Goods and/or Services supplied and hereby indemnifies and holds harmless Northern Panel and Smash Repairs from any liability on account of any and all such taxes, levies, duties, assessments and deductions.

6.3 For the avoidance of any doubt the price for Goods and/or Services does not include GST applicable for the Goods or Services provided.

7. PAYMENT
7.1 The Customer must pay for Goods and/or Services prior to the collection of the Goods or the Customer’s vehicle, or if agreed to in writing by Northern Panel and Smash Repairs, within five (5) days after the date of the invoice issued by Northern Panel and Smash Repairs for the Goods and/or Services.

7.2 If payment is not made by the due date for payment, the Customer shall be liable to pay to Northern Panel and Smash Repairs, interest at the rate of two percent (2%) per month until paid. This will not negative or waive any other rights of Northern Panel and Smash Repairs.

7.3 Whilst any Moneys are owed by the Customer to Northern Panel and Smash Repairs, the Customer is not entitled to set off any amounts owed by Northern Panel and Smash Repairs or withhold any payments to Northern Panel and Smash Repairs.

7.4 Northern Panel and Smash Repairs is entitled to recover from the Customer, in addition to the price, any GST on the supply of the Goods and/or Services.

7.5 Northern Panel and Smash Repairs is entitled to recover from the Customer, in addition to the price of Goods and/or Services, any and all losses, expenses, costs (including legal fees) and disbursements, consequent upon Northern Panel and Smash Repairs seeking to execute or enforce a right under these Terms & Conditions and/or any guarantees related to the Customer’s account, and all such amounts are recoverable from the Customer by Northern Panel and Smash Repairs as a liquidated debt.

7.6 The Customer acknowledges that Northern Panel and Smash Repairs has a right to a lien (under general law and/or equity) over all property in Northern Panel and Smash Repairs possession belonging to the Customer, including the Customer’s vehicle and/or all items, of any description, in or attached to the Customer’s vehicle, to secure payment of any or all amounts outstanding (“Lien”).

7.7 The Customer agrees that Northern Panel and Smash Repairs may, at its discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by the Customer and may retain the Customer’s vehicle and/or any items, of any description, in or attached to the Customer’s vehicle until payment of the amounts outstanding by the Customer and Northern Panel and Smash Repairs will
be at liberty pursuant to clause 7 herein to sell any property of the Customer in Northern Panel and Smash Repairs’s possession so as to recover part or all of the monies owed by the Customer to Northern Panel and Smash Repairs.

8. DELIVERY
8.1 Northern Panel and Smash Repairs will use all reasonable endeavours to deliver the Goods and/or  Services on or before the Completion Date, but:

8.1.1 the Completion Date is subject to extension for any delay caused by strikes, lockouts, war, breakdowns, accidents,delays in transport, fire, force majeure or any cause beyond the reasonable control of Northern Panel and Smash Repairs; and

8.1.2 Northern Panel and Smash Repairs will not be liable for any loss, damage or other liability whether in contract, tort, negligence or otherwise, directly or indirectly arising from the Goods and/or Services not being delivered by the Completion Date for any reason.

8.1.3 The Customer will be charged for all costs related to delivery and such costs will be detailed on a tax invoice provided to the Customer.

8.1.4 Northern Panel and Smash Repairs may, with the agreement of the Customer, deliver Goods and/or Services to the Customer in instalments and in which Northern Panel and Smash Repairs may separately invoice the Customer for payment for each delivery instalment (each of which shall be taken to be the subject of a separate and distinct contract between the parties).

8.1.5 Any Goods and/or Services sought to be returned will only be accepted with the prior written approval of Northern Panel and Smash Repairs and may be subject to a 20% handling/restocking fee.

8.1.6 Goods that have been specifically manufactured by Northern Panel and Smash Repairs for the Customer or altered by the Customer cannot be returned simply because the Customer has changed their mind in respect of those Goods.

9. RISK AND PROPERTY IN GOODS
9.1 For the purposes of the PPSA (as amended from time to time) “Goods” means any and all present and after acquired goods supplied by Northern Panel and Smash Repairs to the Customer;

9.2 The Goods shall be entirely at the risk (including loss, damage or deterioration) of the Customer from the time of delivery of the Goods (the carrier of the Goods shall be taken to be the agent of the Customer even if engaged or paid by Northern Panel and Smash Repairs ).

9.3 Northern Panel and Smash Repairs retains full title to the Goods until Northern Panel and Smash Repairs receives payment in full for the Goods and all other amounts owed by the Customer to Northern Panel and Smash Repairs.

9.4 Until all such monies have been paid:

9.5 Northern Panel and Smash Repairs has the right to call for or recover possession of the Goods (for which purpose Northern Panel and Smash Repairs employees or agents may enter onto the Customer’s premises) and the Customer must deliver up the Goods if so directed by Northern Panel and Smash Repairs.

10. LIABILITY
10.1 To the maximum extent permitted by law, all warranties, conditions, representations and guarantees (whether express or implied) in respect of the Agreement or the Equipment are excluded. If a condition, representation or guarantee is imposed by law and is not able to be excluded, as far as the law permits the Company’s liability for a breach of that condition, representation or guarantee will be limited to the repair or replacement of the Equipment (at the Company’s election).

10.2 The Company warrants that any plant it manufactures will be free from defects in materials and workmanship for 180 days from the date the plant is delivered to the Customer. The Company’s liability is limited, at the Company’s election, to the replacement or repair of the defective materials or the repair of the defective workmanship. This warranty does not cover labour for removal or installation, or parts or exchange components. The Customer will bear all transportation and handling costs.

10.3 The Company warrants that any Services it supplies will be free from defects in materials and workmanship for 90 days from completion of the relevant work. The Company’s liability is limited to the supply of the Services again. This warranty does not cover labour for removal or installation, or parts or exchange components. The Customer will bear all transportation and handling costs.

10.4 The Customer agrees that:

10.4.1 except to the extent prohibited by law (and subject to clause 10.1 herein), the only remedy of the Customer against Northern Panel and Smash Repairs for any loss, damage or liability whether in contract, tort, negligence or otherwise of the Customer in connection with these Terms & Conditions and/or Goods and/or Services, Northern Panel and Smash Repairs’ supply of the Goods
and/or Services, or Northern Panel and Smash Repairs’ failure to supply the Goods and/or Services to the Customer, shall be limited to Northern Panel and Smash Repairs, at its option, replacing or repairing any Goods supplied and/or re-performing the Services; and

10.4.2 Northern Panel and Smash Repairs shall otherwise have no liability to the Customer whether in contract, tort, negligence or otherwise.

11. DEFECTIVE GOODS & SERVICES

11.1 Within ten (3) days after the delivery of the Goods and/or Services from Northern Panel and Smash Repairs, the Customer shall complete any inspection or testing it deems necessary to confirm that the Goods and/or Services comply with these Terms & Conditions or any Order or specifications and notify Northern Panel and Smash Repairs in writing of the extent to which the Goods and/or Services do not comply with the Terms & Conditions or any Order or specifications.

11.2 The Customer shall not use the Goods and/or Services (other than to the extent reasonably necessary for inspection and testing) before the Customer completes inspection and testing and satisfies itself that Goods and/or Services comply with the Terms & Conditions or any Order or specifications, or, if the Customer notifies Northern Panel and Smash Repairs in writing that the Goods and/or Services do not comply with the Terms & Conditions or any Order or specifications, until Northern Panel and Smash Repairs has had a reasonable opportunity to inspect and test the Goods and/or Services after Northern Panel and Smash Repairs receives that notice.

11.3 If the Customer does not comply with clause 11.1 or 11.2, the Customer shall be taken to have unconditionally accepted the Goods and/or Services.

12. CHARGING CLAUSE
12.1 To secure payment of all moneys which are or may become payable by the Customer to Northern Panel and Smash Repairs, the Customer hereby charges as legal and/or beneficial owner and as trustee of any trust in favour of Northern Panel and Smash Repairs all the Customer’s right, title and interest in land (held now or in the future) with the due payment of all of those moneys.

The Customer acknowledges that Northern Panel and Smash Repairs may register a caveat or caveats over the Customer’s land in respect of this charge.

12.2 If the Customer is a trustee of any trust, or becomes the same:

12.2.1 it is bound by these Terms & Conditions and charges the Customer’s land as trustee;

12.2.2 warrants that it is a proper exercise of the Customer’s authority and power under the trust instrument and at law to trade with Northern Panel and Smash Repairs and to charge the Customer’s Land in accordance with these Terms & Conditions.

13. DEFAULT, INSOLVENCY AND TERMINATION
13.1 If the Customer:

13.1.1 commits a substantial breach of the Terms & Conditions, including an unreasonable refusal to accept any Goods and/or Services or failing to pay for any Goods and/or Services, in accordance with the Terms & Conditions; or

13.1.2 informs any person it is insolvent, commits an act of bankruptcy or insolvency, has a bankruptcy petition presented against it, becomes bankrupt, becomes subject to or bound by any arrangement, assignment, composition or moratorium of debts with its creditors, official management, receivership, liquidation, voluntary administration, winding up or other external administration, then all monies owing by the Customer to Northern Panel and Smash Repairs become immediately due and payable and Northern Panel and Smash Repairs may, without affecting Northern Panel and Smash Repairs other rights:

13.1.3 immediately terminate the supply of the Goods and/or Services;

13.1.4 refuse, suspend or withholds supply of any further Goods and/or Services;

13.1.5 enter upon (personally or by its employees or agents) any premises in the possession or control of the Customer and use reasonable force for the purposes of retaking possession of any of the Goods (title to which has not passed to the Customer), in which case the sale of those Goods shall be taken to be terminated and Northern Panel and Smash Repairs shall have no liability to the Customer whether for trespass, negligence, payment of damages or compensation or otherwise; an

13.1.6 terminate any credit arrangement with the Customer.

14. AUTHORITY IN RESPECT OF THE VEHICLE

14.1 The Customer authorises Northern Panel and Smash Repairs to do every act, matter and thing that Northern Panel and Smash Repairs considers desirable or necessary for Northern Panel and Smash Repairs to provide the Customer with the Goods and/or Services in respect of the Customer’s vehicle, including (but not limited to):

14.1.1 entering the Customer’s vehicle; and

14.1.2 test driving the Customer’s vehicle (including driving the Customer’s vehicle to another location outside of Northern Panel and Smash Repairs’s premises).

14.2 The Customer authorises and agrees to the subletting contractor agreements in place between Northern Panel and Smash Repairs and other companies or contractors.

14.3 Northern Panel and Smash Repairs accept no liability for damage occurred to Customer’s property, vehicle or Goods of the Customer when possession of same is with one of Northern Panel and Smash Repairs’s contractors.

14.4 Northern Panel and Smash Repairs accept no liability or responsibility for property of
the Customer or contents of the vehicle that is left in the Customer’s vehicle whilst the vehicle
is under Northern Panel and Smash Repairs possession and control.

15. INSPECTION OF VEHICLE

15.1 Upon the Customer leaving a vehicle with Northern Panel and Smash Repairs, the Customer is in agreeance with Northern Panel and Smash Repairs as to the current state of the vehicle, including any damage to the exterior and interior of the vehicle.

15.2 At its sole discretion, Northern Panel and Smash Repairs may mark up the state of the vehicle upon receipt of the vehicle and the customer is bound to the initial mark up and subsequent additions to the mark up before Northern Panel and Smash Repairs begin to carry out any work on the vehicle.

16. NON-WAIVER

16.1 Northern Panel and Smash Repairs’ failure to exercise any right under the terms and conditions or to insist on strict performance of any part of the terms and conditions does not operate as a waiver; and

16.2 a partial exercise of a right does not preclude any further or fuller exercise of that right.

17. SEVERANCE
If any part of these terms and conditions or any related document is or becomes void or unenforceable that part is severed so that all parts which are not void or unenforceable remain in full force and effect and are unaffected by the severance.

18. CHILD SEATS & RESTRAINTS
18.1 If an employee of Northern Panel and Smash Repairs removes a child seat and restraint for any reason in performing any service, Northern Panel and Smash Repairs will not, under any circumstances, reinstall the child seat and restraint for the Customer. It is the Customer’s responsibility to have the child seat and restraint re-installed by a Qualified Installer.

18.2 Northern Panel and Smash Repairs bears no responsibility or liability for having removed the child seat and restraint from the Customer’s vehicle.

18.3 Northern Panel and Smash Repairs will not be liable for the cost of having the child seat and restraint re- installed by a Qualified Installer.

19. NOTICES

19.1 Notices required to be given by the Customer to Northern Panel and Smash Repairs pursuant to these Terms & Conditions may be delivered to Northern Panel and Smash Repairs:

19.1.1 personally to Northern Panel and Smash Repairs at 24 Colbert Road, Campbellfield Vic 3064; or

19.1.2 sent by post to Northern Panel and Smash Repairs to Unit 1, 6 North Crescent Heidelberg
West Vic 3064.

19.2 Notices will be taken as delivered when received by Northern Panel and Smash Repairs.

19.3 Notices required to be given by Northern Panel and Smash Repairs to the Customer pursuant to these Terms & Conditions may be delivered:

19.3.1 by post to the Customer’s last known address (to which the postal service rule will
apply); or

19.3.2 by email to the last notified email address of the Customer (which will be taken to be
received within 24 hours of Northern Panel and Smash Repairs sending the email to the email address
provided by the Customer).

20. Governing Law
20.1 The laws of the State of Victoria shall apply to the Terms and Conditions and the Customer submits to the exclusive jurisdiction Courts of Victoria.

20.2 The Agreement is governed by the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

20.3 If any part of the Agreement becomes void or unenforceable then that part is severed so that all parts which are not void or unenforceable remain in full force and effect.

20.4 A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. Indemnity under the Agreement is independent and survives termination of this document.