Terms and Conditions of Trade
MJS-Mech Pty Ltd T/A The One Stop Truck Doctor
1. Definitions
In these Terms:
“We”, “Us”, “Our”, “OSTD” means MJS-Mech Pty Ltd T/A The One Stop Truck Doctor: ABN 89 601 656 884.
“You”, “Your” means the customer/client (individual, company, or trustee) purchasing goods or services from us.
“Goods” means any parts, products, or items supplied by us.
“Services” means any mechanical or related work performed by us.
“PPSA” means the Personal Property Securities Act 2009 (Cth).
“ACL” means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Application of Terms
These Terms apply to all goods and services supplied by us unless we agree otherwise in writing.
By placing an order or booking services, you agree to be bound by these Terms.
If we have a written contract with you, that contract will prevail over these Terms to the extent of any inconsistency.
3. Quotes and Estimates
Any quote we provide is valid for 30 days unless otherwise stated.
Quotes are based on information you provide. If that information is incorrect or incomplete, we may vary the quote.
Estimates for repairs are a guide only. Final pricing may change once work commences.
4. Orders and Cancellations
We may accept or reject an order at our discretion.
If you cancel an order for goods or services after acceptance, we may charge you for:
- Work already completed;
- Specially ordered parts;
- Any reasonable costs incurred.
5. Payment Terms
Unless otherwise agreed in writing, payment is:
- COD (cash on delivery/completion) for services; or
- Within 30 days from invoice date for approved account customers.
We may require deposits or progress payments.
We accept EFT, cash, and credit/debit cards (a surcharge may apply for card payments, which will be disclosed before processing).
Interest of 2% per month may be charged on overdue accounts.
You must pay all costs of collection, enforcement, and legal expenses for overdue accounts.
6. Title and PPSA Security Interest
Title to goods supplied remains with us until full payment is received.
You grant us a security interest in the goods and any proceeds, including as a Purchase Money Security Interest (PMSI) under the PPSA.
We may register our interest on the PPSR without notice to you.
You must do all things reasonably required to allow us to perfect and maintain our PPSA security interest.
7. Delivery and Risk
Risk in goods passes to you on delivery, even if title has not transferred.
Delivery times are estimates only. We are not liable for delay outside our reasonable control.
8. Warranties and Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the ACL.
For major failures with goods, you are entitled to a replacement or refund and compensation for any reasonably foreseeable loss or damage.
For major failures with services, you are entitled to cancel the service contract and a refund, or compensation.
For minor failures, we may choose to repair, replace, or re-supply.
Any additional manufacturer’s warranties apply subject to their terms. Except as required by the ACL, we exclude all other warranties.
9. Limitations of Liability
To the maximum extent permitted by law, our liability is limited to:
- The cost of supplying the goods or services again; or
- The amount you paid for the goods or services.
We are not liable for indirect, consequential, or special losses, including loss of profit, unless required by the ACL.
10. Client Responsibilities & Indemnities
You are responsible for ensuring that:
- Vehicles or equipment provided for service are safe to work on.
- Information provided to us (e.g. specifications, fault descriptions) is accurate.
You indemnify us against claims, costs, or losses arising from:
- Your incorrect information or instructions;
- Your misuse of goods or services;
- Third-party claims relating to your use of goods or services.
11. Default and Termination
If you fail to pay by the due date, become insolvent, or breach these Terms, we may:
- Suspend or cancel any outstanding work;
- Take possession of goods not paid for;
- Enforce our PPSA rights.
We may also terminate these Terms at any time on reasonable notice if continuing supply becomes impractical or unsafe.
12. Privacy and Confidentiality
We collect, use, and store personal information in accordance with the Privacy Act 1988 (Cth).
Your personal information may be used to:
- Process orders and payments;
- Arrange delivery or services;
- Communicate with you about products and services.
Our Privacy Policy (available on request) explains how we handle personal information and your rights.
13. Dispute Resolution
If a dispute arises, both parties will first try to resolve it by good faith negotiation.
If not resolved within 14 days, the parties agree to mediation before commencing court proceedings (except for urgent debt recovery).
14. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
15. General
Notices may be sent by email or post to the last known address.
If any clause is found invalid or unenforceable, the rest of these Terms remain valid.
We may update these Terms from time to time. The version published on our website or provided with a quote/order will apply.