By signing your job card, you acknowledge and agree to the below Terms and
Conditions of Sale in engaging the services/products of Mechanika Motors Pty
DEFINITIONS AND INTERPRETATIONS
(1) Definitions Mechanika Motors means Mechanika Motors Pty Ltd ACN 155 225 559.
Customer means any person to or for whom Mechanika Motors provides Services,
including (where the context permits) the Owner of the Vehicle or Machinery.
Customer Instructions means the express or implied instructions from the Customer to
Goods means all or any part of the goods supplied to the Customer (including
automotive parts, tyres, oils and lubricants) as part of the Services provided.
Law means Australian Law.
Notice means a notice in writing given, in the case of Mechanika Motors, to Dean
Bryant, Jessica Bryant or any employee/hire employee of Mechanika Motors and in the
case of the Customer or Owner, to the address provided by the Customer or Owner at
or before the time of the Services.
Owner means the owner of the Vehicle or Machinery to or in respect of which
Mechanika Motors provides any Services and any other person who has or may
acquire any interest in the Vehicle or Machinery.
Parties mean the parties to the Contract incorporating these Terms.
Person includes individuals, partnerships, groups, companies or any other legal entity.
Price means the total price payable for or in relation to the Services, and includes
(without limiting the generality of the foregoing) Taxes.
Services means services of any kind relating to the repair, maintenance, refitting,
improvement, inspection, testing, storage, transport, handling or delivery of the Vehicle
or Machinery and includes (without limiting the generality of the foregoing) the supply,
installation and/or fitting of Goods.
Taxes means all statutory or other imposts, levies or charges on or in relation to the
Services or the Goods, including (without limiting the generality of the foregoing)
custom duties, levies, charges, value added taxes and goods and services taxes.
Terms means the provisions of this contract.
Vehicle or Machinery means a Vehicle of any description, including (without limiting the
generality of the foregoing) motorbikes, cars, vans, utilities, trailers, plant equipment,
buses, trucks and prime movers as well as all the Vehicle’s component parts.
Writing includes a telegram, letter and email.
(2) Interpretation i. Where the context requires, the singular includes the plural and
ii. Headings are for ease of reference only and are not to be used to interpret the
iii. References to ‘$’ herein are to Australian dollars.
(3) Application Any services provided by Mechanika Motors, whether gratuitous or
otherwise, will be subject to these Terms unless:
i. Mechanika Motors contracts in writing with the Customer on alternative terms and
ii. any provision in these Terms is contrary to any mandatory applicable law relating to
the services undertaken by Mechanika Motors on behalf of the Customer.
If clause 1.3.i applies, the alternative terms and conditions or mandatory applicable law
will be paramount and will prevail only to the extent of any inconsistency with these
Terms. These Terms will otherwise continue to be of full effect.
MECHANIKA MOTORS – GENERAL TERMS
(1) Performance Mechanika Motors will undertake the tasks necessary to provide the
contracted Services to the Customer within the time specified in the Customer
Instructions and agreed to in writing or verbally by Mechanika Motors or, failing that,
within a reasonable time. Where the time for performance and/or delivery is agreed in
writing, it is only an estimate and not a guarantee and Mechanika Motors shall not be
liable for any delay in that respect. Mechanika Motors may by notice to the Customer
or Owner, at its sole discretion and at any time, refuse to provide any Services in
relation to any Vehicle and where it does so, shall not incur any liability to the
Customer, Owner or any other Person. Without limiting the generality of the foregoing,
Mechanika Motors may refuse to provide any services where:
i. Customer Instructions are unclear or ambiguous.
ii. the Customer Instructions conflict with the wishes of the Owner of the Vehicle.
iii. Mechanika Motors considers it would be at risk, for whatever reason, should it perform the services.
Where Mechanika Motors refuses to provide any services in accordance with sub-clause
(ii) the Customer shall be liable for all costs and outlays incurred by Mechanika Motors
in relation to the Services provided up to the point of refusal.
Deviation from Customer’s Instructions
Subject to sub-clause (ii) and (iii), Mechanika Motors will take reasonable steps to
perform the Customer’s Instructions. Mechanika Motors or third parties may, in their
sole discretion, depart from the Customer’s Instructions in any way without prior notice
to the Customer and without incurring any liability to the Customer, Owner or any
other Person. Mechanika Motors or third parties may, in their sole discretion, depart
from the usual or customary manner or method for providing any Service without prior
notice to the Customer and without incurring any liability to the Customer, Owner or
any other Person.
(2) Services in Conjunction The provision of Services may be undertaken in
conjunction with the provision of Services to other Customers or third parties, unless
specifically agreed in writing prior to the commencement of the Service.
(3) Insurance No insurance will be effected, except upon express instructions given in
writing by the Customer, and where insurance is effected, it will be at the Customer’s
cost and subject to the usual exceptions and conditions of the policies of the
insurance company or underwriters taking the risk. Unless otherwise agreed in writing,
Mechanika Motors is not under any obligation to effect separate insurance on any
Vehicle but may declare it on any open or general policy held by Mechanika Motors. If
Mechanika Motors agrees to arrange insurance, it will do so only as agent for the
(4) Vehicle at Risk of Customer upon Delivery Whether or not Mechanika Motors is
required to deliver the Vehicle to the Customer or Owner, the Vehicle shall be at the
risk of the Customer or Owner, from the time the Vehicle leaves the premises of
Mechanika Motors, and thereafter Mechanika Motors shall be under no liability to the
Customer or Owner in damages or otherwise for any loss, damage, delay or any cause
(5) Special Delivery Arrangements Except by prior written agreement or under the
terms of a printed document signed by Mechanika Motors, any Customer Instructions
relating to the delivery or release of Vehicles in specified circumstances are accepted
by Mechanika Motors only as agent for the Customer if third Persons are engaged to
effect compliance with the Customer Instructions.
Mechanika Motors accepts no liability arising from the types of arrangements referred
to in sub-clause (5).
(6) Mechanika Motors – Liberties Unless specifically agreed in writing between the
Customer and Mechanika Motors prior to the commencement of the Service, Mechanika
Motors may provide the Service as a principal or procure it as an agent. If Mechanika
Motors acts as a principal, it will perform, or in its own name procure the performance
of the Services contracted, subject to the provisions of any specific contract for
Services it may issue under Clause 1.2.i, failing which these Terms in general and this
Clause in particular will apply:
i. Mechanika Motors shall not be liable for any loss or damage whatsoever and
however arising whether direct or indirect or consequential for Goods supplied, installed
or fitted in the course of providing Services.
ii. Mechanika Motors reserves to itself the liberties as to the means and procedures to
be followed in the provision of Services.
iii. Mechanika Motors will be deemed to have taken the Vehicle into its charge when
the Vehicle has been received by Mechanika Motors or has been released or handed
over by the Customer, or any Person acting on behalf of the Customer, to any Person
acting on behalf of Mechanika Motors in accordance with any directions of Mechanika
Motors for the performance of the Services.
iv. Mechanika Motors will be deemed to have delivered the Vehicle, either when it has
been placed at the disposal of the Customer (or its nominee) or Notice thereof has
been given to the Customer (or its nominee) at the address provided by the Customer.
If Mechanika Motors acts as an agent then, without prejudice to the general
applicability of these Terms.
v. The Customer expressly authorises Mechanika Motors to enter into contracts with
third parties on behalf of the Customer for the Services required, unless the Customer
and Mechanika Motors have specifically agreed otherwise.
vi. Mechanika Motors does not make, or purport to make, any contract with the
Customer for Services, but acts solely on behalf of the Customer in establishing
contracts with third-party contractors for the Services required, so that a direct
contractual relationship is established between the Customer and the third-party
vii. If there is a choice of prices according to the extent or degree of the liability
assumed by third-party contractors, no declaration of value will be made, except under
prior written Customer Instructions accepted by Mechanika Motors; nor will Mechanika
Motors be liable to the Customer by reason of having entered into any contract on
behalf of the Customer whereby the extent or degree of the liability assumed by a
third party contractor is in any respect excluded or limited.
(7) Storage Once the work on any Vehicle is completed or if it terminated for any
reason, Mechanika Motors will advise the Customer that the Vehicle is ready for
collection. The Customer will have 48hrs from the time of advise to collect the Vehicle
from Mechanika Motors. Failure to collect the Vehicle within this timeframe will result in
storage charges being applicable and due prior to collection of the Vehicle.
- CUSTOMER’S WARRANTIES AND INDEMNITIES
(1) Ownership The Customer warrants that the Customer is either the Owner or has
the authority of the Owner to contract with Mechanika Motors for the services.
(2) Dangerous Vehicles The Customer warrants that, unless the Customer has
provided written notice to and has obtained written agreement from Mechanika Motors,
the Customer will not tender for Services any Vehicle which:
i. is of a dangerous, damaging or unsafe nature, so as to be liable to cause damage
or to be a risk to property, life or health,
ii. is unregistered or fails to meet any applicable standards of the NSW Roads and
(3) Vehicle Records The Customer warrants that all books and records furnished by
or on behalf of the Customer or Owner relating to the Vehicle are complete and
(4) Indemnity Against Claims by Third Persons The Customer warrants that no
claim or allegation will be made by any Person against any parent, subsidiary or
associate company, director, servant, agent, Sub-Contractor or employee of Mechanika
Motors (each of which will be referred to herein as an “entity”) which imposes or
attempts to impose upon any such entity any liability whatsoever in connection with
any Services and/or Goods (whether or not arising out of the negligence of such
entity) unless Mechanika Motors is acting as an agent only and such entity is an
independent contractor providing a Service to the Customer through the agency of
Mechanika Motors, in which case the Customer may, upon Notice to the entity,
proceed against the entity under the terms of the contract procured on its behalf from
such entity by Mechanika Motors acting as agent only. If any claim or allegation is
nevertheless brought, the Customer will on Notice by Mechanika Motors forthwith
indemnify Mechanika Motors and the entity against all the consequences of the claim
or allegation. Unless trading directly with the Customer under its own conditions
through the agency of Mechanika Motors, every entity will have the benefit of every
right, limitation, defence and liberty of whatever kind contained in these Terms or
otherwise available to Mechanika Motors as if such provisions were expressly for the
benefit of the entity. In entering into this contract, Mechanika Motors does so on its
own behalf and as agent and trustee for such entities. The Customer further warrants
that no claim or allegation in respect of any Services or Goods, which imposes or
attempts to impose upon Mechanika Motors any liability (whether or not arising out of
negligence on the part of Mechanika Motors) will be made against Mechanika Motors
by any person other than in accordance with these Terms and, if any such claim or
allegation is made, the Customer will upon Notice by Mechanika Motors forthwith
indemnify Mechanika Motors against all the consequences of the claim or allegation.
(5) Acting on Customer’s Instructions The Customer will indemnify Mechanika Motors
and any third party against all liability, loss, damage, cost and expense which arises as
a result of Mechanika Motors acting in accordance with or reliance on the Customer’s
Instructions or arising from any breach by the Customer of any warranty contained in
these Terms, including the warranties at sub-clauses 3.1, 3.2, 3.3, 3.4 or from the
negligence of the Customer.
(6) Duties, Fines etc The Customer is liable for and will indemnify Mechanika Motors
in respect of all Taxes or other amounts of whatsoever nature for which it may be
liable and for all payments, fines, costs, expenses, loss or damage however incurred or
sustained by Mechanika Motors in connection with the Services, the Goods or the
Except under special arrangements previously made in writing, advice and information
which is not related to Customer Instructions accepted by Mechanika Motors is
provided gratuitously and without liability. Advice and information, in whatever form it is
given, is provided by Mechanika Motors for the Customer only and the Customer will
upon Notice by Mechanika Motors forthwith indemnify Mechanika Motors against any
liability, claim, loss, damage, cost or expense arising out of any Person relying on such
advice or information.
(1) Time Bar Notice of any claim by the Customer against Mechanika Motors in
respect of any Service must be given within 3 days of the date of provision of the
Service or the date on which the Service should have been provided. In any event,
Mechanika Motors will be discharged of all liability in respect of any Service provided
for the Customer or the Owner unless suit or arbitration is brought and Notice given
to Mechanika Motors within 9 months from the date of any event or occurrence
alleged to give rise to a cause of action against Mechanika Motors. Exclusion of
Liability To the extent permitted by law, Mechanika Motors will not be responsible in
tort, contract or otherwise for any loss or damage, including consequential loss, loss
of markets and pure economic loss, suffered by the Customer, including:
i. any loss or damage to or deterioration of the Vehicle;
ii. any delay or failure to deliver the Vehicle to the Customer for any reason;
iii. the negligence, wilful act or default of Mechanika Motors or any other Person;
iv. the conversion or misappropriation of the Vehicle by the wilful misconduct of
Mechanika Motors’ servants or agents,
v. Any loss or damage however arising from the Goods supplied, fitted or installed to
the Vehicle or Machinery in the course of providing Services, whether or not the loss
or damage occurs in the course of performance by Mechanika Motors of this contract
or in events which are in the contemplation of Mechanika Motors and/or the Customer
or in events which are foreseeable by Mechanika Motors and/or the Customer or in
events which would constitute a fundamental breach of this contract.
(2) Limits of Liability To the extent that liability has not been effectively excluded by
clause 4.1, Mechanika Motors’ liability (if any and whether acting as principal or agent)
will not exceed:
i. in the case of claims for loss or damage to the Vehicle: $100,
or the value of the loss or damage to the Vehicle, whichever is the lesser.
ii. in the case of all other claims: $100, or the value of the Vehicle the subject of the
relevant Services, whichever is the lesser.
iii. in the case of a breach of warranty under the Trade Practices Act 1974 or under
the NSW Fair Trading Act 1987 (if applicable) for loss or damage caused to or
suffered by the Customer:
iv. the supply of the Services again; or
v. the payment of the cost of supplying the Services again to the Customer,
at the election of the Customer by Notice to Mechanika Motors.
For the purposes of this Clause 4.2.i, the value of the Vehicle is its value at the place
and time it is delivered to Mechanika Motors for the purpose of the relevant Services
or at the place and time they should have been delivered.
(1) Payment of Mechanika Motors’ Invoices and Other Sums Unless Mechanika
Motors otherwise agrees, the Customer will pay to Mechanika Motors the Price in
cash/by EFTPOS/cheque at or prior to collection of the Vehicle, without reduction or
deferment on account of any claim, counterclaim or set off. If for whatever reason, all
or any part of the Price is still unpaid 30 days after the date of the invoice,
Mechanika Motors may by Notice add interest at 10%pa. If Mechanika Motors must
take action to recover the Price and/or interest, the Customer shall also pay on
Notice by Mechanika Motors its actual legal costs and outlays of and incidental to the
recovery action on a full indemnity basis.
(2) Collection of Charges Despite the acceptance by Mechanika Motors of the
Customer’s Instructions to collect Taxes and other expenses from any other Person,
the Customer remains responsible for such expenses.
(3) Lien Mechanika Motors will have a general lien on any Vehicle or all Vehicles, as
well as Goods and documents relating to any such Vehicles, in its possession, custody
or control for all sums due and payable under sub-clause 5.1 from the Customer or
the Owner, in respect of Services to any or all Vehicles under lien or of any earlier
Services on other Vehicles, and will be entitled to sell or dispose of such Vehicles,
Goods or documents as agent for and at the expense of the Customer and apply the
proceeds in or towards the payment of the Price or other sums due and payable to
Mechanika Motors under sub-clause 5.1. Upon accounting to the Customer for any
balance remaining after payment of any such sum due to Mechanika Motors and the
costs of sale and disposal, Mechanika Motors will be discharged from any liability
whatsoever in respect of the Vehicle, Goods or documents.
(4) Retention of Title to Goods Notwithstanding any arrangement between the
Customer and Mechanika Motors regarding credit, the title to and property in Goods at
any time sold by Mechanika Motors to the Customer shall not pass to the Customer
until all monies owed by the Customer to Mechanika Motors have been paid in full to
Mechanika Motors and the title and property in any such Goods shall remain solely
with Mechanika Motors until such payment as aforesaid. Pending payment of all monies
due to Mechanika Motors, the following shall apply:
i. The Customer shall hold the Goods as Trustee for Mechanika Motors;
ii. The Customer shall not mortgage or pledge the Goods to any Person;
iii. The Customer shall pay the proceeds of any sale of the Goods by it into a banking
account separate from all other such accounts conducted by it if it does not cause
those monies to be paid directly to Mechanika Motors;
iv. The Customer shall pay the monies received by it and arising from the sale of the
Goods to Mechanika Motors immediately it receives the same notwithstanding any
other arrangement between the parties as to the payment or credit and that part of
such monies received by the Customer as aforesaid which is equal to the monies
owing to Mechanika Motors for the Goods shall never become the property of the
Customer and shall be held in trust by him for Mechanika Motors;
v. The Customer shall retain records in relation to the purchase and sale of the
vi. Mechanika Motors shall be entitled at any time to take possession, by reasonable
force if necessary, of the Goods and for that purpose to enter upon any property
where the Goods may be.
(5) Cheques If a cheque is tendered in payment of the purchase monies, then
payment shall not be deemed to have been made until such cheque has been paid by
the Customer’s bank.
- LAW AND JURISDICTION
(1) Law The Services undertaken pursuant to and the interpretation of these Terms are
governed by the law of the State of New South Wales.
(2) Place of the Contract This contract is deemed to have been entered into in the
State of New South Wales.
(3) Alternative Dispute Resolution Should there be any dispute or claim arising out
of or in relation to these Terms, the Parties shall firstly refer the dispute or claim to
mediation. The mediation shall be conducted by a mediator approved by the Law
Society of New South Wales, such mediator to be agreed by the Parties or failing
agreement, to be appointed by the President of the Law Society of New South Wales.
The Parties shall bear equally the cost of the mediator, but shall otherwise bear their
own costs of the mediation. A mediation must occur within 30 days of Notice by one
party to the other of a dispute or claim. The manner in which the mediation is to
occur is to be agreed between the Parties or failing agreement, by the mediator. The
Parties will use their best endeavours to resolve any such dispute or claim at the
(4) Jurisdiction Should any mediation be unsuccessful, then any legal action arising
out of or in respect of the contract and/or the interpretation thereof shall be brought
only in the Courts of Goulburn in the State of New South Wales and the Customer
irrevocably submits himself, herself or itself to the jurisdiction of the Courts of
Goulburn in the State of New South Wales.
If any provision in the Terms is unenforceable, illegal or void, then it is severed and
the rest of the Terms remain in force.
No failure by Mechanika Motors to exercise and no delay in exercising any right, power
or remedy under these terms will operate as a waiver. Nor will any single or partial
exercise by Mechanika Motors of any right, power or remedy preclude any other or
further exercise of that or any right power or remedy.
- FORCE MAJEURE
If by reason of any fact, circumstance, matter or thing beyond the reasonable control
Mechanika Motors, Mechanika Motors is unable to perform in whole or in part any
obligation under these Terms, Mechanika Motors shall be relieved of that obligation
under this contract to the extent and for the period that it is so unable to perform
and shall not be liable to the Customer in respect of such liability.
Mechanika Motors Pty Ltd was incorporated under the Corporations Law in 2012. Its
Secretary and Shareholder, Dean Bryant, has more than 20 years experience as an
exceptional diesel mechanic, having previously worked for 10 years at Divalls
Earthmoving and Bulk Haulage and completing an engine reconditioning apprenticeship.
He has forged a reputation in the Southern Tablelands for his friendly, professional and
efficient service. He strives for excellence in all he does, and is committed to ensuring
your vehicles and machinery are well serviced at a competitive price.
Mechanika Motors appreciates and thanks you for your business.