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Workshop (onsite) Terms of Use

Privacy Policy

The following Supply Terms and Credit Terms and Guarantee constitute the Customer Agreement between Fullboost Garage ABN 72664553546 and the Customer (“the Agreement”) and all transactions between Fullboost Garage and the Customer will be bound by and governed by this Agreement.

SUPPLY TERMS

AUTHORITY


1.1. The Customer warrants the person(s) noted on the Customer Agreement as "Authorised Persons" are authorised and empowered by the Customer to bind the Customer and validly enter into agreements and act on behalf of the Customer.


1.2. The Customer acknowledges Fullboost Garage is entitled to assume any other persons who hold themselves out as being an agent or duly authorised representative of the Customer are able to bind the Customer and validly enter into agreements and act on behalf of the Customer.


2. THE SERVICES
2.1. Fullboost Garage is in the business of providing a designated area within a workshop (“Bay”) and such necessary equipment including but not limited to hand tools, lifts and hoists, engine cranes, jacks and jack stands (“the Services”) for owners or operators of vehicles to undertake mechanical and panel beating repairs. Broadly this includes providing a suitable location and various goods and services to enable the Customer to carry out such things including but not limited to mechanical repairs, servicing, routine maintenance, tyre fitting, detailing of vehicles, vehicle wrapping, paint protection, window tinting, panel beating, smash repairs and automotive electrical works (Permitted Works)


2.2. Pursuant to the terms of this Agreement the Customer engages Fullboost Garage to make available the workshop and particular equipment to the Customer and the Customer agrees to pay Fullboost Garage for the Services provided.


2.3. By engaging Fullboost Garage to provide the Services, the Customer agrees to be bound by the terms of this Agreement whether or not the front page of this Agreement has been duly executed and returned to Fullboost Garage.


3. WORK ORDERS
3.1. The Customer can request the Services verbally or in writing. Fullboost Garage may or may not provide a quotation for the Services requested.


3.2. Fullboost Garage may decline any request for the Services received from the Customer and may withdraw or vary any quotation prior to acceptance of it by the Customer.


3.3. All prices stated in a quotation are for immediate acceptance and are subject to amendment by Fullboost Garage before or after acceptance by an amount equal to the rise in cost to Fullboost Garage of any of the labour or goods comprised in the quotation.


3.4. Unless otherwise stated, all prices expressed in any quotation, or at any time, are deemed to be exclusive of GST. If any supply by Fullboost Garage to the Customer is a taxable supply then the Customer must pay, in addition to the price quoted, any GST applicable to such supply. In those circumstances Fullboost Garage must supply to the Customer a tax invoice.


3.5. Fullboost Garage agrees to provide the Services to the Customer in a proper and professional manner.


4. INDUCTION AND SAFETY STANDARDS
4.1 Only persons 16 and older are permitted entry to the workshop.

4.2. Customers, visitors and any other authorised persons who intend on using the workspace are required to complete an induction provided by Fullboost Garage covering the hazards and risks involved with operating the equipment prior to use and general safety standards expected within the workshop.


4.3. Customers will be required to sign a disclaimer after completing the induction and before using the Services.


4.4. Customers are only authorised a maximum of three (3) people per Bay at any one time.


4.5. Customers, its Authorised Persons, contractors and employees are required to wear safety footwear (steel cap closed shoes) at all times when on the premises.


4.6 All customers will be required to follow requirements as per the WorkSafe Code of Practice and Work health and safety guidelines for Victoria. 


5. WORK HEALTH & SAFETY
5.1. The Customer indemnifies Fullboost Garage against any liability of Fullboost Garage under the WHS Regulation as licensor. The provisions of this clause apply even if the work is to be carried out under the supervision of Fullboost Garage or someone nominated by the Fullboost Garage.


6. INDEMNITY
6.1. The Customer indemnifies Fullboost Garage against any liability for loss, damage, injury or death caused by any act or omission on the part of the Customer or the Customer's Authorised Persons, contractors or employees.


7. EQUIPMENT AND ACCESSORIES
7.1. The Customer is responsible to ensure that all equipment is:
(a) used properly;
(b) fit for the purpose for which the Customer intends; and
(c) in proper working condition.


7.2. The Customer releases Fullboost Garage for any loss it incurs as a result of malfunctioning equipment.


7.3. If any of the equipment is lost, destroyed or damaged, the Customer will be liable for their full replacement cost.


8. LICENCE
8.1. The Customer acknowledges Fullboost Garage is granting the Customer a non-exclusive right to carry on the Permitted Works, to use the equipment and occupy the designated area within the workshop.


8.2. The Customer is not entitled to carry on any other business or activity other than the agreed Permitted Works.


8.3. If the Customer continues to utilise Fullboost Garage’s services beyond the agreed term the Customer shall do so only with the consent of Fullboost Garage and upon becoming a month to month Customer only subject to the terms of a written agreement in place between the parties detailing such terms of use by the Customer (“Service Retainer“)


9. PAYMENT
9.1. Use of Fullboost Garage’s Services will be charged to the Customer:


(a) on a fixed fee basis when Fullboost Garage is retained to solely provide the designated working Bay area; or
(b) on a fixed fee basis and a Service Retainer in place when Fullboost Garage is retained to provide the Services; or
(c) on the basis of time and materials.


9.2. The Customer must pay for the Services:


(a) by paying 50% of the quoted amount as a deposit at the onset of the Services and prior to the Customer entering the workshop; and
(b) if the Customer is credit approved, the balance payable within thirty (30) days of the invoice date; or
(c) if the Customer is not credit approved, the balance payable immediately upon a tax invoice being issued; or
(d) as per the membership agreement in place. 
(“the Due Date”)


9.3. The Customer will not be entitled on any ground whatsoever either wholly or in part to withhold payment after the Due Date, including by way of security, set-off, deduction or counterclaim.


9.4. Where the Customer comprises more than one individual or entity, each such individual or entity will be jointly and severally liable under this Agreement to Fullboost Garage in respect of all monies payable pursuant to this Agreement by the Customer to Fullboost Garage.


10. ABANDONED GOODS & VEHICLES
10.1. Fullboost Garage will hold the Customer’s goods and vehicles within its workshop for a total of five (5) business days only after the Customer’s retainer has expired. After this point Fullboost Garage reserves its right to charge $50.00 per day for parking which will be recoverable from the Customer as a liquidated debt.


10.2. Any agreement by Fullboost Garage to accept a Customer’s vehicle for storage, repair or other treatment is subject to the Disposal of Uncollected Goods Act 1967 (“DOUGA”) which confers on Fullboost Garage a right to sell a Customer’s vehicle in certain circumstances six (6) months from the date when the Customer’s retainer expired.


11. LATE PAYMENT
11.1. If payment is not made in full by the Due Date Fullboost Garage may charge the Customer Default Interest on any amount outstanding after the Due Date as well as a $400 debt recovery fee. “Penalty Interest” will be the standard default contract rate published from the Supreme Court of Victoria. These rights are in addition to any right to terminate this Agreement.


11.2. If Fullboost Garage considers it necessary to instruct its solicitors or debt collectors to collect any overdue amount, all legal fees and other expenses incurred while pursuing the overdue amount (“Debt Recovery Expenses”) will be recoverable from the Customer on an indemnity basis.


11.3. Any payment received after the Due Date will be allocated firstly towards Debt Recovery Expenses, secondly toward payment of outstanding interest, thirdly to outstanding parking or storage charges and finally to the repayment of the outstanding tax invoice(s).


11.4. Default in payment entitles Fullboost Garage to suspend the provision of Services, retain possession of any vehicle or other asset owned by or held on behalf of the Customer and to commence proceedings for the collection of outstanding amounts, without prejudice to any subsequent claim CSG may have for non-fulfilment of the Supply Terms.


11.5. The Customer acknowledges Fullboost Garage is granted a general lien over all vehicles or assets in Fullboost Garage’s possession owned by or held for the Customer and CSG is entitled to:
(a) retain possession of such vehicle or asset as security for payment of all outstanding amounts owed by the Customer to Fullboost Garage (not just sums payable in respect of the Services provided to the Customer); and


(b) notwithstanding the requirements in DOUGA, sell the vehicle or asset twenty-eight (28 days) after notice is provided to the Customer of Fullboost Garage’s election to exercise this right of sale and recover all money owed under these Supply Terms (including Default Interest, parking or storage charges and Debt Recovery Expenses); or


(c) if subclause (b) above is void or struck out for any reason, to sell the vehicle or asset in accordance with DOUGA.


12. SERVICE DELIVERY
12.1. Any delivery times advised to the Customer are estimates only and Fullboost Garage will not be liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery of the Services.


12.2. Any claim by the Customer of an error in the invoice or statement provided by Fullboost Garage must be made to Fullboost Garage within seven (7) days of receipt of such invoice or statement, failing which the Customer may not raise any objection in respect of any item on such invoice or statement.


12.3. Subject to clause 14, the Customer is not entitled to raise any objection to the quality of the Services unless it does so within seven (7) days of utilising those Services. If the Customer does not raise any objection to the quality of the Services within that timeframe then Fullboost Garage will forever be released from claims or demands of the Customer or all those claiming through or by the Customer.


13. RISK AND LIABILITY
13.1. Risk in respect of any part, product, component or good supplied as part of the Services (“the Goods”) passes to the Customer upon the Customer commencing the Permitted Works.


13.2. Fullboost Garage is not liable for any default or failure in performance of its obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of Fullboost Garage.


13.3. Subject to clause 14, under no circumstances will Fullboost Garage be liable for any indirect, consequential, incidental, special or punitive damages (including without limitation damages for loss of business profits, business interruption, loss of business information, property damage or other pecuniary loss) arising from any breach or failure by Fullboost Garage of its obligations under this Agreement (even if Fullboost Garage has been notified of the possibility of such damage arising) and the Customer indemnifies Fullboost Garage against any claims made against it by any third party arising out of any such breach or failure.


14. CONSUMER GUARANTEES
14.1. The parties acknowledge that certain transactions between suppliers and consumers may be subject to the provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 1989 (as amended) or the comparable legislation of any other State or Territory and in that event certain consumer guarantees will be implied into the agreement between those parties and rights and remedies will be conferred upon the consumer which cannot be excluded, restricted or modified by agreement (“the non-excludable guarantees”).


14.2. Subject to clause 14.3, Fullboost Garage’s liability for breaching any non-excludable guarantee is limited, where permitted, to the following:


(a) For minor failures with the Services or Goods:
(i) re-supplying the Services or Goods; or
(ii) cancelling the Services and providing a refund;
at the option of Fullboost Garage.
(b) For major failures with the Services or Goods:
(i) re-supplying the Services or Goods;
(ii) cancelling the Services and providing a refund; or
(iii) compensation for the drop in value of the Services or Goods;
at the option of the Customer.
(c) Compensation for reasonably foreseeable consequential losses.


14.3. If the Service or Product is not used by the Customer for personal, domestic or household purposes, to the extent it is fair and reasonable to do so Fullboost Garage’s liability to the Customer is limited, at  Fullboost Garage’s option, to:


(a) Re-supplying the Services or Goods;
(b) Reimbursing the Customer for paying someone else to supply the Services or Goods.


15. INTERPRETATION
15.1. In the interpretation of this Agreement, unless the context or subject matter otherwise require:


(a) singular includes plural and vice versa and any gender includes every gender;
(b) a reference to a person includes corporations, trusts, associations, partnerships, a government authority, and other legal entities, and where necessary, includes successor bodies;
(c) references to days mean calendar days;
(d) references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders-in-council, rules, by-laws and ordinances made under those statutes;
(e) references to sections of statutes or terms defined in statutes refer to corresponding sections or defined terms in amended, consolidated or replacement statutes;
(f) headings and the table of contents are used for convenience only and are to be disregarded in the interpretation of this Agreement;
(g) each paragraph or sub-paragraph in a list is to be read independently from the others in the list;
(h) a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and
(i) a reference to a party includes that party’s executors, administrators and successors.


16. GENERAL
16.1. Nothing contained in this Agreement will be construed as placing the parties in the relationship of partners or joint venturers or in any relationship other than that of contractors at arm’s length.


16.2. The failure by Fullboost Garage to exercise any right or remedy arising under this Agreement or at law will not be deemed to be a waiver or abandonment of such right or remedy and the same will remain exercisable and actionable by Fullboost Garage notwithstanding that all other matters have been completed. The waiver by Fullboost Garage of any right or action on any particular occasion will not be taken as a waiver of the same right or action on any other occasion.


16.3. The Customer acknowledges no representations have been made by any employee or agent of Fullboost Garage to the Customer whatsoever. This Agreement supersedes all prior agreements, arrangements, warranties and undertakings between the parties whether express or implied and constitutes the entire agreement between the parties.


16.4. A notice, request, consent or other communication to be given by a party under this Agreement must be in writing addressed in accordance with the particulars for that party shown on the front page of this Agreement or to another address for a party as may be notified in writing by that party.


16.5. Amendments to this Agreement may only be made by the parties in writing with the consent of both parties.


16.6. This Agreement is governed by the laws of the State of Victoria and the parties, by entering into this Agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that state.


16.7. Neither this Agreement nor any rights or obligations hereunder may be assigned or otherwise transferred by either party without the prior written permission of the other.


16.8. If any provision of this Agreement is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, or severed, then that provision will be read down or severed accordingly and the remainder of the terms will be of full force and effect.


16.9. None of the terms of this Agreement, or anything done under or by virtue of this Agreement or any other agreement, instrument or document, or judgment or order of any court of judicial proceeding, will operate as a merger of any of the rights and remedies of the parties under this Agreement and those rights and remedies will at all times continue in force.


16.10. This Agreement will inure to the benefit of, and be binding upon, the parties, their respective executors, administrators, legal representatives, heir, successors and permitted assigns.


16.11. Unless otherwise expressly stated to the contrary, any time period specified in this Agreement will be of the essence.


16.12. Fullboost Garage and the Customer must at all times maintain as strictly confidential any information designated as being confidential information or of such a nature as to ordinarily be confidential information that is disclosed or provided by one party to the other. In this clause, “confidential information” means information in any form but does not include information that is already in the public domain at the time that is disclosed or becomes part of the public domain otherwise than as a result of an unauthorised disclosure by Fullboost Garage or the Customer.

CREDIT TERMS

CREDIT APPROVAL
The Customer expressly authorises Fullboost Garage to make any necessary enquiries in respect of the credit worthiness of the Customer including, without limit, contacting the Referees.


If Fullboost Garage approves the Customer’s credit account application then the Customer is “credit approved” and Fullboost Garage agrees to supply Services to the Customer from the date of such approval subject to these Credit Terms in addition to the Supply Terms above.


Notwithstanding a Customer’s credit approval, Fullboost Garage may at its absolute discretion set a credit limit for the Customer and so place a ceiling on the maximum level of indebtedness the Customer may incur to Fullboost Garage at any given time (“the Credit Limit”). Fullboost Garage may adjust a Customer’s Credit Limit at any time at their absolute discretion by written notice to the Customer.
Clauses 2, 3, 4, 5 and 6 of these Credit Terms apply to all Customers whether credit approved or not.


CHARGE
In consideration of Fullboost Garage providing Services to the Customer and as an essential condition of this Agreement, the Customer and each of the Guarantors (if any) named below charge all of their real property, whether owned now or in the future, with the amount of the Customer's indebtedness to Fullboost Garage from time to time including such indebtedness that has arisen prior to the date of this Agreement.


The Customer and the Guarantors must immediately upon demand by Fullboost Garage sign all documents and do all such things as Fullboost Garage reasonably requires to further secure to Fullboost Garage the amount of indebtedness including, without limitation, a bill of mortgage over any real property (whether acquired before or after this Agreement) which the Customer or Guarantors hold an interest in.


POWER OF ATTORNEY
The Customer and the Guarantors each irrevocably appoint Fullboost Garage or its directors, managers or credit managers severally to be the duly constituted attorney of each such person to execute any consents to caveats or bill of mortgage as Fullboost Garage may wish to lodge against any dealings in any real property or to otherwise give effect to the charge granted in clause 2.


Such power of attorney is irrevocable and given as security and, without limitation, for the purposes of section 10 of the Powers of Attorney Act 1998.


Any attorney so appointed may exercise their powers in any transaction notwithstanding that such exercise benefits Fullboost Garage and does not benefit the Customer.


PPSA
Defined terms in this clause 4 have the same meaning as given to them in the Personal Property Security Act 2009 (PPSA).


In consideration of Fullboost Garage providing Services to the Customer and as an essential condition of these Credit Terms, the Customer and each of the Guarantors charge all of their personal property, whether owned now or in the future, with the amount of the Customer's indebtedness to Fullboost Garage from time to time including such indebtedness that has arisen prior to the date of this Agreement.


Fullboost Garage and the Customer and its Guarantors acknowledge that these Credit Terms constitute a Security Agreement and gives rise to a Security Interest in favour of Fullboost Garage over the personal property of the Customer and its Guarantors.


Fullboost Garage and the Customer acknowledge that CSG, as Secured Party, is entitled to register its interest in the personal property of the Customer and Guarantors on the Personal Property Security Register (PPSR) as Collateral.


To the extent permissible at law, the Customer and its guarantors:


(a) waives its rights under s 157 of the PPSA to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Fullboost Garage;
(b) agree to indemnify Fullboost Garage on demand for all costs and expenses, including: (i) legal costs and expenses on a solicitor/client basis associated with the registration or amendment or discharge of any Financing Statement registered by or on behalf of Fullboost Garage and; (ii) enforcement or attempted enforcement of any Security Interest granted to Fullboost Garage by the Customer;
(c) pursuant to s 115 of the PPSA agrees to waive their rights in ss 95, 123, 129(2), 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA.


RETENTION OF TITLE
To the extent Fullboost Garage provides Goods to the Customer as part of the Services, until all accounts owed by the Customer to Fullboost Garage are fully paid:


(a) Fullboost Garage will retain legal ownership of the Goods;
(b) Fullboost Garage may, at its discretion, enter upon the Customer’s premises (or other address where the Goods are reasonably believed to be held) without liability for trespass or any resulting damage and retake possession of all or a portion of the Goods;
(c) the Customer grants Fullboost Garage an irrevocable licence to enter the Customer’s premises (or other address where the Services are reasonably believed to be held) for the purpose of (b) above.
(d) Fullboost Garage may keep, change or resell all of a portion of the Goods repossessed pursuant to (b) above.


If the Goods or part of the Goods are resold by the Customer, whether in their original form or a modified form, the Customer will, until the Services have been paid for in full, hold such part of the proceeds of any such sale as represents the invoice price of the Services sold in a separate identifiable account as the beneficial property of Fullboost Garage and will pay such amount to Fullboost Garage upon request.


Notwithstanding the provisions above:


(a) Fullboost Garage will be entitled to maintain an action against the Customer for any unpaid portion of any purchase price for Services provided to the Customer; and
(b) the risk in the Services still passes to the Customer in accordance with clause 12 of the Supply Terms.


PRIVACY POLICY
The Customer agrees to provide Fullboost Garage with whatever personal information it requires to complete its obligations in this Agreement, including investigating the Customer’s credit worthiness.
Fullboost Garage may provide the Customer’s personal information to its employees and contractors only so far as is necessary for them to effectively perform their role.


Fullboost Garage additionally reserves their right to relay personal information to their solicitors, debt collection agencies and such other bodies as are reasonably necessary to comply with or enforce the terms of this Agreement.


The Customer may, by written request, access or review any personal information collected or held by Fullboost Garage.


Unless otherwise agreed with the Customer, Fullboost Garage will not provide the Customer’s personal information to any third parties other than those mentioned above.


TERMINATION OF CREDIT APPROVAL
Fullboost Garage may at any time and in its absolute discretion terminate any credit approval for the Customer or, without terminating this Agreement, refuse to provide the Services which may be requested by the Customer on credit terms.


GENERAL
The general terms detailed in clause 16 of the Supply Terms are deemed to be repeated in these Credit Terms.


GUARANTEE

The directors named on page 1 of this Agreement agree to be personally bound by the terms of this Guarantee.

GRANT OF GUARANTEE
In consideration of Fullboost Garage agreeing at the request of the Guarantor to supply the Services to the Customer pursuant to the Supply Terms and Credit Terms above, the Guarantor unconditionally guarantees the due and punctual payment to Fullboost Garage on demand of all money ("the secured money") which the Customer becomes liable to pay to Fullboost Garage under this Agreement including without limitation Default Interest, parking charges, costs, charges, indemnities and damages, and to guarantee the performance by the Customer of all of its obligations pursuant to the Credit Terms and Supply Terms.


NATURE OF GUARANTEE
This Guarantee:

(a) is a principal obligation and will not be treated as ancillary or collateral to any other right or obligation however created or arising;
(b) may be enforced against the Guarantor without Fullboost Garage first being required to exhaust any remedy it may have against the Customer;
(c) is a continuing irrevocable Guarantee and will remain in full force and effect until released by Fullboost Garage in writing; and
(d) will not be considered as discharged by the payment at any time of any sum or by any settlement of account or by any other matter or thing whatsoever and will apply to moneys presently or in the future owing;
(e) will not be considered discharged, where the Guarantor is a director of the Customer, by event of the Guarantor ceasing to hold that office unless released by Fullboost Garage in writing.


LIABILITY IS ABSOLUTE
The liability of the Guarantor is absolute and will not be affected by any act, omission, matter or thing which but for this provision might operate to release or otherwise exonerate the Guarantor from their obligation in whole or in part.


OBLIGATIONS ARE JOINT & SEVERAL
The obligations on the part of the Guarantor contained in this Guarantee take effect as joint and several obligations and references to the Guarantor take effect as references to those persons or any one of them. None of them will be released from liability under this Guarantee by reason of the other Guarantor not executing this Guarantee, or this Guarantee ceasing to be binding as a continued security on any of the other Guarantor, and the release by Fullboost Garage of any one of the Guarantor from this guarantee will not affect the liability of the other of the Guarantor.


ASSIGNMENT OF RIGHTS
This Guarantee and the rights of Fullboost Garage under it may be assigned or transferred by way of security or absolutely by Fullboost Garage without the consent of the Customer or the Guarantor.


NOTICES
Any demand or notice will be made in writing signed by an officer or agent of Fullboost Garage and may be served on the Guarantor either by hand, post or by electronic communication such as fax or email. Any demand or notice may be addressed to the Guarantor at the address noted above, or at the address or place of business of the Guarantor last known to Fullboost Garage, and will be deemed to have been received on the second business day following the day on which it was posted. It is the Guarantor’s responsibility to ensure Fullboost Garage holds correct contact details for the Guarantor and such any notice or demand sent to an address or number provided by Customer or Guarantor will be deemed effective even if it is returned undelivered to Fullboost Garage.


GUARANTORS ENDORSE TRADING TERMS
Each Guarantor acknowledges having read, understood and agrees to be bound by the provisions of the Credit Terms and Supply Terms set out above and that they are binding upon each Guarantor as if he, she or they were named therein as the Customer.

Questions about the Terms of Use be sent to garage@fullboost.com.au.

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