By entering our premises or purchasing any goods or services from GB Wash Pty Ltd (ACN 611 086 410) (“GB Wash”, “we”, “our” or “us”), you agree to these Terms and Conditions.
If you do not agree to these Terms, you must not use our services.
1. Your Vehicle
1.1 You warrant that you are the owner of the vehicle or have the owner’s authority to request the services.
1.2 You leave your vehicle with us at your own risk, except to the extent any loss or damage is caused by our negligence or where liability cannot be excluded by law.
1.3 You acknowledge that your vehicle may contain existing scratches, dents, paint defects, stone chips, corrosion, worn trim, mechanical issues or other pre-existing damage.
1.4 Unless otherwise agreed, we do not conduct a detailed pre-service inspection of every vehicle.
2. Personal Property
2.1 You are responsible for removing all cash, valuables and personal belongings before leaving your vehicle with us.
2.2 To the maximum extent permitted by law, we are not responsible for loss or damage to personal belongings left inside your vehicle unless caused by our negligent or unlawful conduct.
3. Australian Consumer Law
3.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other legislation that cannot lawfully be excluded.
3.2 Any limitation contained in these Terms applies only to the extent permitted by law.
4. Limitation of Liability
4.1 Subject to clause 3, we are liable only for direct loss or damage caused by our negligent performance of the services.
4.2 Where permitted by law, our liability for a breach of a consumer guarantee relating to services is limited, at our option, to:
(a) supplying the services again; or
(b) paying the reasonable cost of having the services supplied again.
4.3 We are not liable for:
pre-existing damage;
deterioration due to age, corrosion, rust or normal wear and tear;
manufacturer defects;
aftermarket accessories or modifications;
mechanical or electrical faults unrelated to our services;
damage resulting from information or instructions provided by you; or
events beyond our reasonable control.
4.4 Subject to clause 3, our total liability arising from any claim is limited to the amount paid by you for the relevant service.
4.5 To the extent permitted by law, we are not liable for indirect or consequential loss including loss of profits, revenue, business opportunity, goodwill or any similar economic loss.
5. Damage Claims
5.1 If you believe your vehicle has been damaged while in our care, you should notify us before leaving our premises where reasonably practicable.
5.2 We may inspect the vehicle before assessing any claim.
5.3 We reserve the right to investigate all claims before accepting liability.
6. Price and Payment
6.1 Unless otherwise agreed, payment is due immediately upon completion of the services.
6.2 We may refuse to release a vehicle until payment has been received where permitted by law.
6.3 If payment is overdue, we may recover all reasonable costs incurred in collecting the outstanding amount, including debt collection agency fees, legal costs and court costs, to the extent permitted by law.
6.4 We may charge interest on overdue amounts at 2% per annum above the Reserve Bank of Australia’s Cash Rate, calculated daily from the due date until payment is received, where permitted by law.
6.5 You may not withhold payment or set off any amount unless required by law.
6.6 We reserve the right to correct any clerical, administrative or pricing errors.
7. Cancellations
7.1 If you cancel a booking after work has commenced, you remain liable for work already completed and any reasonable costs incurred by us.
8. Force Majeure
We are not liable for delays or failure to perform our obligations where caused by events beyond our reasonable control, including natural disasters, severe weather, industrial action, power outages, supplier failures, government action or other unforeseen events.
9. Privacy
We collect, use, store and disclose personal information in accordance with our Privacy Policy, available on our website.
10. Governing Law
These Terms are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
11. Acceptance
These Terms are accepted when you:
enter our premises;
book or request our services;
leave your vehicle in our care; or
purchase or pay for our goods or services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.