Terms & Conditions

1. General

These terms and conditions form part of the contract (“agreement”) between Biscione Automotive Pty Ltd (in this agreement, “we” or “us”) and the customer (in this agreement, “you”) that is formed when you agree to the quotation provided by us  that describes services that we will perform and products that are foreseen to be used (“Service “).

You acknowledge that these terms and conditions and the Service embody the whole agreement between you and us.  You agree that the scope and terms of the Service (including prices and quotes) may change as a result of changed circumstances  during the Service and/or updated instructions from you.  By offering to buy products and/or services from us through the Service you agree to be bound by this agreement.

A reference to “products” in this agreement includes all parts or products including spare parts, lubricants and consumables fitted as part of services we provide to you, unless the context requires otherwise.

2. Pricing

All our prices and quotes include GST unless stated otherwise.  A quote or price is only binding on us once the Service  has been agreed to.  The scope and pricing of the Service  may change as a result of further defects found during the performance of the Service. We will make every effort to contact you prior to proceeding with the revised Service.

3. Performance & Services

We agree to perform the services as described in the Service  (or as amended as a result of updated instructions from you or as a result of changed circumstances that may occur during the Service.

4. Payment

You agree to pay us in full for all services rendered and products supplied before removing your vehicle and/or the products (as applicable) from our premises, unless otherwise agreed.  You further agree that payment of all amounts for work as set out in the Service and (in the absence of manifest error) all amounts set out in that document become due upon completion of the relevant work and must be paid by close of business on the day of completion of the work, unless we have agreed otherwise.

5. Claims

• Our claims policy does not affect your rights under the Australian Consumer Law.  A claim that arises as a direct result of the Service shall be notified with 7 days of the Service that is not due to wear and tear; where goods come to the end of their natural service life; to maintenance items such as globes, wiper blades, lubricants and fluids; or where the defect is a result of: alteration, accident, misuse, abuse or neglect; unsafe or inappropriate driving practices; or where the goods are subsequently repaired or modified by another service agent.

6. Abandonment

If any amounts outstanding have not been paid within three calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell your vehicle and/or all goods in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles.

In the event that we sell your vehicle and/or goods, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and the costs of exercising the right of sale.

Any balance of the proceeds of the sale will be returned, where possible, to you.

7. Liability

We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.

We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.

8. Authority in respect of the vehicle

You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services set out in the Service in respect of your vehicle, including (but not limited to):

1. entering the vehicle; and
2. test driving your vehicle (including driving your vehicle to another location outside of the premises.

9. Privacy

We will comply with all applicable privacy legislation.

Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:

1. our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
2. customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
3. reminders that your vehicle may be due for a service ;
4. advising you of information which may be relevant to you, including store closures or openings; and
5. advising you of offers that we feel may be of interest to you.

10. Website

The information on our website is for general information only and does not purport to be comprehensive.

The information is current only at the time it is placed on this site and Biscione Automotive Pty Ltd , its employees, agents and all and any related bodies corporate are under no obligation to update the information or correct any inaccuracy which may become apparent at a later time.

We reserve the right to vary without prior notice these: prices; descriptions; features and visual information without incurring any liability whatsoever to any customer or prospective customer of any such products.

The information featured on our Website does not constitute an offer or any part of any contract written or implied. It is not intended to provide or make any recommendation on which you should rely for any purpose whatsoever.

We do not give any warranty as to the accuracy of the information contained on its website and, if you rely on it, you do so at your own risk.

To the extent permitted by law, Biscione Automotive Pty Ltd specifically excludes any liability for any error or inaccuracy in, or omissions from, its website and disclaims any liability for any loss or damage which you or any other person may suffer by relying on any information on this website whether caused by the negligence of Biscione Automotive Pty Ltd or otherwise.

It is always advisable to contact us to confirm pricing, specifications, availabilities and current terms and conditions of work to meet your requirements.

11. Jurisdiction

The proper law of the agreement between you and us is the law of the State of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of that State.