TERMS AND CONDITIONS OF SERVICE
Supplier: Elliot Armstrong-Watkins Pty Ltd (ACN: 680 992 152 | ABN: 53 680 992 152)
Trading As: Elliot Watkins Classic Car Restoration
1. DEFINITIONS
1.1. Australian Consumer Law: The Australian Consumer Law provided in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2. Claim: Any actions, complaints, debts, demands, proceedings, or suits (whether in contract or tort, including negligence).
1.3. Consequential Loss: Includes loss of income, profit, goodwill, or value of intellectual property and indirect/special losses.
1.4. Contract: The agreement between the parties consisting of these Terms and any accepted Order or Estimate.
1.5. Customer Supplied Parts: Any parts or products sourced and provided by a Customer (e.g., engines, transmissions, trim).
1.6. Loss: Any damage, cost, expense, or liability (including legal fees on a full indemnity basis).
1.7. Services: The restoration, mechanical, or vehicle services supplied by the Supplier.
2. COMMENCEMENT
2.1. These terms commence on the earlier of the Customer signing this document, receiving an Estimate, or giving authorisation to commence works. These Terms prevail over any other communications.
3. CUSTOMER CONDUCT (ZERO TOLERANCE)
3.1. The Supplier maintains a zero-tolerance policy regarding abusive, aggressive, or harassing behavior.
3.2. This applies to all communication: in-person, phone, SMS, WhatsApp, social media, and email.
3.3. Breach of this clause allows the Supplier to terminate the Contract immediately. The Customer shall indemnify the Supplier for all legal fees (on a full indemnity basis) and admin costs resulting from such conduct.
4. ESTIMATES
4.1. Estimates are based on visual inspection and are valid for 30 days. Labour, material costs, and timeframes are estimates only and subject to change as the project progresses.
5. HIDDEN AND LATENT DEFECTS
5.1. The Customer acknowledges that classic vehicles often contain Latent Defects (e.g., hidden rust, prior poor repairs, or fatigue) that only become apparent once dismantled.
5.2. Rectification of such defects will be treated as a Variation and charged at the Supplier’s standard rates.
6. WEEKLY INVOICING
6.1. For projects estimated to exceed $5,000.00, the Supplier will issue Invoices weekly for labour performed and materials used.
6.2. All Invoices are strictly seven (7) day terms from the date of issue.
7. STOP-WORK PROVISION
7.1. If any Invoice remains unpaid after 7 days, the Supplier reserves the right to immediately cease all work on the vehicle. The Supplier is not liable for any project delays or storage issues caused by such stoppage.
8. DEPOSITS AND VARIATIONS
8.1. The Supplier may require a 50% deposit for services requiring 5+ hours of labour or for Special Buy-In Orders.
8.2. Variations requested by the Customer or required due to hidden defects will be added to the Purchase Price.
9. STORAGE FEES
9.1. If an amount remains unpaid for 7 days after an Invoice is provided, the Supplier may charge a storage fee of $30.00 + GST per day.
10. POSSESSORY LIEN
10.1. The Customer agrees the Supplier holds a lien over the vehicle and Goods until all outstanding Invoices, storage fees, interest, and legal costs are paid in full.
11. UNCOLLECTED GOODS (VIC)
11.1. Disposal is governed by the Australian Consumer Law and Fair Trading Act 2012 (Vic).
11.2. If Goods/Vehicles remain uncollected for 28 days after notice, the Supplier will seek an order from VCAT. The Customer is liable for all VCAT fees and legal costs on a full indemnity basis.
12. CUSTOMER SUPPLIED PARTS
12.1. The Supplier is not the "supplier" of Customer Supplied Parts under the ACL. No warranty is provided. The Customer is liable for all labour costs for removal and re-fitment if such parts are faulty.
13. FRAGILE AND BRITTLE COMPONENTS
13.1. The Supplier is not liable for the breakage of glass, windscreens, plastic trims, or aged/brittle components while they are in the Supplier’s workshop.
14. DEFAULT
14.1. Upon breach of Contract or failure to pay, the Supplier may: (a) Make all money immediately due; (b) Terminate the Contract; and (c) Recover all debt collection costs and legal fees on a full indemnity basis.
15. RISK AND INSURANCE
15.1. All Goods and Vehicles are stored and worked upon at the Customer's sole risk.
15.2. The Customer MUST maintain a current comprehensive insurance policy covering the vehicle for its full "as-restored" value while in the Supplier's possession.
16. TITLE (OWNERSHIP)
16.1. Ownership of Goods remains with the Supplier until payment is received in full. Until then, the Customer holds Goods as a bailee only.
17. LIMITATION OF LIABILITY
17.1. To the extent permitted by law, liability is limited to: (a) Re-supplying the Services; or (b) Refunding the cost of the specific Services.
17.2. The Supplier is not liable for any Consequential Loss.
18. PPSA
18.1. This Contract is a security agreement. The Customer grants the Supplier a Security Interest in all Goods supplied and waives the right to receive verification statements under PPSA Section 157.
19. LEGAL COSTS AND ENFORCEMENT
19.1. The Customer must pay all of the Supplier’s costs in connection with the Contract, including legal expenses (on a full indemnity basis) incurred in the recovery of monies or in enforcing any rights under these Terms.
20. RELEASE AND INDEMNITY
20.1. The Customer releases the Supplier from any Claim arising out of the Services (including damage, theft, or fire), except where caused by gross negligence.
20.2. The Customer indemnifies the Supplier against all Losses and Claims (including legal costs on a full indemnity basis) arising from breach of Contract or third-party claims.
20.3. This clause may be pleaded as a full and complete bar to any proceedings commenced by the Customer.
21. MARKETING AND PHOTOS
21.1. The Supplier may take photographs/video of the work and has a royalty-free license to use these for marketing and social media purposes.
22. FINAL INSPECTION AND ACCEPTANCE
22.1. By taking delivery of the vehicle, the Customer acknowledges the Services are performed to a satisfactory standard and the vehicle is fit for purpose.
22.2. Any alleged defect must be notified in writing within seven (7) days of collection. Failure to do so constitutes a waiver of any right to claim the work was defective at delivery.