Terms & Conditions

1. PROVISION OF GOODS AND SERVICES

1.1. AutoGroup Solutions Pty Ltd (AutoGroup) has agreed to provide goods and services to the Customer in accordance to these Terms and Conditions (Terms).
1.2. Unless otherwise stated by AutoGroup in writing, these Terms will apply to all quotations, goods and services provided.
1.3. If the quotation or invoice refer to the Terms and Conditions on our website, then the Terms and Conditions on our website will apply.

2. QUOTATIONS AND PRICES

2.1. Quotations by AutoGroup are valid for a period of 14 days from the date on the quotation.

3. DESCRIPTION

3.1. Any description of goods or services given by AutoGroup is for identification purposes and does not constitute a contract of sale by description.

4. CEASE SUPPLY

4.1. AutoGroup may stop supplying goods or services to the Customer, without further notice, if the Customer is in default of these Terms.

5. PAYMENT

5.1. The Customer must make payment to AutoGroup for all goods and services supplied within seven (7) days from the date on the invoice, otherwise on the day agreed in writing by AutoGroup and the
5.2. If payment is not made by the due date, AutoGroup may charge interested calculated on a daily basis until paid in full at the rate prescribed by the Penalty Interest Rate Act 1983 (Vic).
5.3. Any cost reasonably incurred by AutoGroup in recovering any outstanding monies under these Terms shall be paid by the Customer, these may include legal fees.

6. SECURITY

6.1. The Customer gives AutoGroup a security interest in and all present and future property held with respect to any amount owing and unpaid to AutoGroup pursuant to these Terms.
6.2. The Customer waives any right the Customer has under the Personal Property Securities Act 2009 (PPSA) to receive notice in relation to registration events.

7. EXCLUSION OF IMPLIED TERMS

7.1. To the extent permitted by law, AutoGroup excludes all conditions, warranties, terms and consumer guarantees implied by law (including the Australian Consumer Law) arising in connection with the supply of goods or services. To the extent permitted by law, AutoGroup limits its liability by providing the goods or services again.

8. LIMITATION OF LIABILITY

8.1. To the extent permitted by law, AutoGroup excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of goods or services for any indirect damages or losses, or for any special punitive or exemplary damages. Any liability for a claim that the goods or services provided were not fit for purpose nor rendered with due care, AutoGroup limits its liability by providing the goods or services again.

9. GUARANTEEE UNDER AUSTRALIAN CONSUMER LAW

9.1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
9.2. Goods provided to the Customer in accordance with these Terms will be under warranty for a period of 12 months.

10. UNFORSEEN EVENTS

10.1. AutoGroup will not be liable for any delay or any obligation in the Customer’s favour arising out of any event that is beyond the control of AutoGroup.

11. TERMINATION

11.1. AutoGroup may immediately terminate these Terms by giving written notice of termination to the other party on any of the following grounds:

1. Any step is taken (including and without limitation to an application made, proceedings commenced, or resolution passed or proposed in a notice of meeting) for:
   1. the winding up, dissolution or administration of the other party; or
   2. the other party entering into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them, except for the purposes of a solvent reconstruction or amalgamation;
2. a receiver, receiver and manager, or other controller as defined in section 9 of the Corporations Act 2001, administrator or similar officer is appointed with respect to or takes control of the other party or any of its assets and undertakings;
3. the other party, being a corporation incorporated in Australia, becomes insolvent or suffers any event or similar event to that referred to in paragraphs (a) and (b);
4. the other party ceases, or threatens to cease, to conduct business; or
5. the other party breaches a provision of these Terms and has not remedied that breach within fourteen (14) Business Days after service of notice of the breach from the party giving notice of its intention to terminate the agreement.

12. JOINT AND SEVERAL

12.1. If the customer constitutes more than one person or entity, these Terms bind each of them jointly and severally.

13. ELECTRONIC COMMUNICATION

13.1. The Customer agrees that:

1. If a Customer signature execution is required, the requirement is to have been met by an electronic communication, and
2. If AutoGroup is required to produce a document that is in the form of paper, then the requirement is to have been met by an electronic communication.

14. JURISDICTION

14.1. These Terms are governed by the laws of Victoria.

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