Roma Auto Care Terms and Conditions
1. Agreement.
Great auto service requires great parts. That’s why Roma repairs your car using only manufacturer’s genuine replacement parts or certified third-party parts, from manufacturers that comply with Australian Standards. And when the job is finished, we show you the parts we replaced—so you know the work was done — and can see why it was needed.
2. Quotation/ Sales Order/ Service Call(Job Card).
2.1 The quotation / sales order / service call (job card) has been prepared following the estimate given to you by us to carry out such repairs and supply such parts as may be required in respect to the vehicle thereon described.
2.2 You acknowledge and agree that where any time for completion has been stipulated either verbally or in writing that is only an estimate of the time it could take to complete the repairs and supply of such parts as may be required and that we cannot be held liable for any delay in that regard and you indemnify, hold us harmless and release us from any loss or damages you may suffer or incur as a result thereof.
2.3 You warrant that you are the owner of the vehicle or you have the authority of the owner to authorise us to carry out the repairs and supply such parts as may be required.
2.4 You acknowledge and agree that unless we have agreed to do so you will not request us to carry out such repairs and supply such parts as may be required to a vehicle known to you to be of an unsafe nature which could result in a risk to third parties or a vehicle which is not registered or is not in compliance with the requirements for continued registration by the Western Australian Department of Transport.
2.5 You warrant that any information contained in the log books are a true and accurate record of previous work carried out with respect to the vehicle.
3. Parts Warranty.
You acknowledge and agree that any warranty for parts to be supplied and used in the repair of your vehicle is dependent on the manufacturer’s terms and conditions as to the replacement of any defective part as may be supplied and that we are only able to resupply any part if the same is supplied by the manufacturer and/or supplier thereof again on the basis that they accept that the same is defective.
4. Payment.
Payment for labour and parts is to be paid on a cash basis when the vehicle is collected by you and you acknowledge and agree that we are entitled to exercise a lien over your vehicle and/or any of the parts supplied in the repair and/or servicing of your vehicle until payment has been made to us in full and such funds have cleared into our bank account..
5. Additional Recommended Work.
5.1 You acknowledge and agree that standardly during a service we carry out a road test up to 60km per hour to ascertain any noise, vibration and harshness (NVH) and will thereafter report as to any recommended work which we believe should be carried out to address any issues arising from such road test. You further acknowledge and agree that should the vehicle breakdown during such road test and is required to be towed back to our premises the cost of such towing shall be for your account and included in your final invoice.
5.2 You further acknowledge and agree that standardly during a service we will perform a visual inspection of the vehicle, change the oil and the oil filter, report on the vehicle at the time the same is checked and provide you with both the manufacturer’s recommendations and our recommendations as to any further work which we believe should be carried out. In this regard you further acknowledge and agree that we will not inspect or perform a diagnostic test on any electric or electronic component such as: ECU, electronic modules, fuel pumps, starter motors, spark plugs or any other component that requires removing and installing (fitting) or requires us to perform an additional diagnostic test.
5.3 You agree that it is then your decision as to whether you wish to proceed further with such additional recommended service and/or repair arising from the road test and inspection referred to in paragraphs 5.1 and 5.2 above. You acknowledge and agree that we cannot be held liable on any basis whatsoever if you have not authorised such additional recommended work to be carried out with respect to any further effect it may have on your vehicle being in good and proper working order or any effect it may have on previous work carried out by ourselves on your vehicle upon your instructions and you indemnify, hold us harmless and release us from any loss or damages you may suffer or incur as a result of your decision not to have us proceed with such additional work.
6. Variation of Quotation/Estimate.
You acknowledge and agree that whilst in the process of servicing and/or repairing your vehicle additional and necessary repairs may arise which have to be carried out. In addition, by the time the service and/or repair is carried out the price of parts quoted prior may have increased or may not be available requiring us to use an alternate brand. This will require us to vary the quotation and/or estimate given to you previously. We undertake to communicate with you before proceeding with such additional work and to advise you of any price differentiation insofar as the labour and parts are concerned before proceeding with such additional work and to obtain your consent to so proceed.
7. Payment in Advance.
You acknowledge and agree that if the parts to be ordered and used are of an expensive nature, we are entitled to require that you pay in advance the cost of such parts as we may need to order in prior to carrying out the service and/or repair to your vehicle.
8. Warranty.
You will be entitled to the benefit of such warranties as cannot be excluded under the Australian Consumer Law and we will comply with the same to the extent that we are satisfied that any breakdown of the vehicle and/or the parts supplied by us in relation to any service and/or repair thereof has not occurred as a result of your failure to carry out regular oil, water and other standard checks on the vehicle on a weekly basis, constantly monitor the instrument cluster for temperature, oil pressure and other malfunctions and/or as a result of the manner in which your vehicle has been driven subsequent to our having carried out the servicing, repair and/or supply of required parts.
9. Collection of Your Vehicle.
9.1 Once we have notified you that your vehicle is ready for collection you must take steps to collect your vehicle and pay our charges relating to labour and parts supplied either prior to or on the day when such vehicle is to be collected by you.
9.2 To the extent that you do not collect your vehicle in a timely manner you acknowledge that the same will be stored by us at your expense and in that regard you will be charged $30 per day commencing the day the day after we have notified you that the vehicle is ready to be collected until the day when the same is actually collected by you.
9.3 In this regard if you do not take steps to collect your vehicle within 14 days from the date of our notification you acknowledge and agree that we will be entitled to take steps to dispose of the vehicle by public auction to enable us to recover our charges for labour and our outlays for parts used for the process of the servicing and repair of your vehicle and you hereby appoint us as your agent to act on your behalf in disposing of the said vehicle for the said purpose.
9.4 You further acknowledge and agree that we cannot be held liable for any damage which may occur to your vehicle if towed at your request to our premises, or if you drop off your vehicle outside our premises or collect the vehicle from our premises either during or after our standard working hours of 8:30 am to 5:00 pm Monday to Friday and you indemnify, hold us harmless and release us from any loss or damages you may suffer or incur as a result thereof.
10. Claim Under Warranty.
10.1 In the event that you have any claim which you believe forms the subject matter of the statutory warranties available to you, you would need to telephone us or address us in writing at our aforementioned address.
10.2 To the extent that any further servicing and/or repair is to be undertaken by us on your behalf in relation to any warranty available to you any loss or damages you may suffer shall be limited to the replacement of any parts and the further labour and servicing required to correct any such defect and you acknowledge and agree that you shall have no further claim against us of whatsoever nature and howsoever arising in respect to any further loss or damages suffered by you as a result of the delay in having your vehicle at your disposal and you indemnify, hold us harmless and release us from any such claims.
11. Personal Information.
You acknowledge and agree that we will be required to collect certain personal information from you in our dealings with you and may be required to disclose such information to certain third parties and that we will endeavour to keep such information private other than to the extent that the same needs to be disclosed as aforementioned.
12. Sub-Contracting Out.
You acknowledge and agree that in relation to certain of the repairs we may need to subcontract the same out to specialists dealing in such very specific repairs of parts of your motor vehicle.
13. Notices.
You acknowledge that any notice to be served upon yourself may be served personally or addressed to yourself in the mail or served on you through the medium of email or a text message.
14. Jurisdiction.
These terms and conditions will be subject to the laws of the State of Western Australia and any dispute arising therefrom shall be adjudicated in the Western Australian Courts.
15. Severance.
If any term or condition of this agreement is unlawful or unenforceable you agree the same may be severed and the remaining terms and conditions still continue to apply.
16. Waiver.
Any failure by us to delay in exercising any right or remedy we have under these Terms and Conditions will not operate as a waiver in your favour. Any partial right or remedy exercised by us will not preclude us from exercising any further right or remedy.
17. Force Majeure.
You acknowledge and agree that if circumstances beyond our control eventuate which prevent us from performing in part or whole any of our obligations to you in respect of the repair and supply of parts relevant to your vehicle you will not be entitled to hold us liable or seek any damages for the period in which we are so unable to complete such work on your vehicle.