Sound Garage Terms of Trade
By accepting a Sound Garage (Us, We, Our) Quotation whether or not you apply your physical signature or affix your electronic signature to these terms and conditions, You (the client referred to in the Quotation):
are indicating Your acceptance of and agreement with the standard terms and conditions set out below; and
acknowledge that these terms and conditions, together with our Quotation and any authorised variation thereto, comprise a legally binding agreement between You and Us on which We will provide the Services / Products in the Quotation to You (Service Agreement).
If you are an agent, manager or similar requesting Services / Products as agent for a business owner, you acknowledge and agree that you are personally bound by this Service Agreement and will be liable for payment of our fees in accordance with these terms and conditions, notwithstanding that you are or become unable to recover those fees from the business owner.
The parties agree:
1. The agreement
(a) You have requested and We agree to provide to You the Services / Products specified in Our Quotation (or any separate Schedule to this agreement We issue (the Services / Products) in accordance with the terms of this agreement.
(b) This agreement will be for Services / Products as set out in the Quotation (or any separate Schedule to this agreement We issue) or until otherwise terminated in accordance with this agreement.
(c) If You are the party named in the Quotation, then You will be responsible for compliance with this agreement, notwithstanding You are not the owner of the business where the Services / Products are to be provided (the Business) or you are an agent, manager or similar requesting the Services / Products for your principal or owner of the Business.
2. Our business
(a) We pride ourselves on providing very specialised and personal In-Car Navigation Solutions, Car, Motorcycle and Truck Stereos, Marine Audio, Vehicle Acoustic Treatments, and Noise Deadener, Apple CarPlay / Android Auto Head Units, Parking/Reverse Camera Systems, Rear Seat Entertainment Solutions, Vehicle Security and Remote Start systems, Motorcycle 12v Accessories, GPS Tracking/Monitoring Systems, Blind Spot Detection, Dash Cam Specialists, UHF’s, LED Light Bars, Installation Accessories, and professional Services / Products. We find it is the little things that make a big difference, so We will take the time to work with You to ensure Your needs are met.
(b) For ongoing Services / Products, before You enter this agreement, We may schedule an appointment at Your business and assess what business needs are and work with You to develop a program that fits with Your schedule and needs.
(c) Where You request a quotation for a one-off service or installation, You agree to pay a fee of $40 prior to us preparing a quotation, which will be deducted from the price of the service/product should You accept the quotation and proceed with the one-off Service / Product.
(e) Hygiene and safety are very important to Us. We carry the necessary insurances and Covid-19 infection control training to be onsite at your business if required.
(f) We like to be accessible, so You may telephone or email firstname.lastname@example.org regarding the Services / Products and We will take or return Your call/email promptly so We can ensure Your needs are met.
(g) We have all the necessary skills, knowledge, experience, and expertise to perform the Services / Products/sell product in a professional manner and hold all relevant licenses and permits required in order to allow Us to perform or sell the Services / Products.
(h) Where any industry standards or codes apply, We will at all times comply with them and ensure that We, our employees are properly qualified,
experienced, have licenses (where applicable), and are competent to properly perform the Services / Products to the required standards and codes.
(i) We require strict compliance with Our workplace health and safety systems by Our employees.
3. Services / Products
(a) We will provide the Services / Products as set out in the Quotation or any Variation Quotation in accordance with the timeframes and any special instructions set out in the Quotation or Variation Quotation:
i. Using reasonable care and diligence in the performance of the Services / Products; and
ii. Otherwise carrying out Our responsibilities under this agreement in a proper and workmanlike manner.
(b) In the event that You require a variation to the Services / Products or priority with which they are provided (other than those on Our Variation Task List), then:
i. You may request such variation in writing;
ii. We will issue to You a further quotation (Variation Quotation) in writing with respect to the requested variation; and
iii. We will only be required to action such variation upon written acceptance of the Variation Quotation being provided to Us.
(c) The parties recognise that on occasions variations to Our Services / Products may be requested urgently and/or when our employees or contractors are on-site, and in those circumstances, time may not permit Us to raise a written Variation Quotation. In those circumstances, We may at Our discretion agree orally or by text message or similar with You to vary the Services / Products, in which case such variation will if agreed, be on the terms set out herein and at the fees We communicate to You at the time.
4. Your responsibilities
(a) You warrant that You or your Principal are lawfully entitled to adapt the vehicle and that You authorise us to enter the vehicle and to provide the Services / Products.
(b) You will ensure that at all times:
i. The Vehicle is safe and that all facilities provided by You for the purposes of enabling the Services / Products to be performed are also safe;
ii. We will have unobstructed and uninterrupted access to the area of the Vehicle where we will perform the Services / Products.
(c) You will cooperate with Us and treat Us, our employees, and contractors with courtesy and respect.
(d) It is Your responsibility to:
i. Secure or remove all fragile and highly breakable items so that they may not be accidentally damaged during provision of the Services / Products;
ii. Ensure that the battery is in good working order within the Vehicle.
(e) You acknowledge and agree that, if we are unable to perform the Services / Products due to:
i. A failure of either electricity or running water or internet access being accessible;
ii. Entry to the Vehicle being obstructed such that We are unable to access the Vehicle to perform the Services / Products for any reason whatsoever, then, We reserve the right to charge an added obstruction fee of $60 for the Services / Products despite not being able to perform the full scope of the Services / Products.
(f) We encourage feedback by telephone or email and request that You talk to Us about any feedback, problems or issues You have with the Services / Products being provided, in a timely manner.
(g) You acknowledge that poor service, breakage/damage or theft must be reported to Us within 24 hours from the date the Services / Products are provided.
(h) You must tell Us if there is a change of service appointment schedule required by You and/or if You wish to cancel a service appointment; and acknowledge that the Sound Garage Cancellation Policy (set out in this agreement) applies to all requests for changes to the appointment schedule and/or cancellations.
5. Fees, Invoicing and Payment
(a) You agree to pay Our Fees for the Services / Products set out in the Quotation, Variation Quotation or in accordance with clause 3(c), prior to commencement of service without set-off or deduction, unless you are an approved account holder or We otherwise agree to later payment.
(b) All amounts payable under this Agreement are expressed as including GST, unless specifically stated otherwise.
(c) In respect of any taxable supply, You must pay to Us an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Fees, subject to the receipt by You of a valid tax invoice.
(d) If You are or become an Approved Account Holder, We will submit to You a valid tax invoice at intervals nominated in the Quotation and You agree to pay the amount of the invoice without set-off, deduction or otherwise on the date set out as being the due date on the invoice.
(e) In the event You fail to pay for any Services / Products, We reserve the right to recover from You, in addition to the unpaid amount, the legal or other fees incurred in recovering that amount from You, on a full indemnity basis.
(a) We will ensure that Our employees have the appropriate qualifications training and experience to perform their tasks comprising the Services /
Products competently and that they will conduct themselves diligently with due skill and care.
(b) Where We use contractors to provide any of the Services / Products to You:
i. We will be responsible to ensure that they also comply with the matters set out in this agreement and do not by act or omission do or not do anything which would be breach any of these terms;
ii. They will have current and necessary insurances; and
iii. They will be paid by Us for their Services / Products.
7. Termination and Consequences Following Termination
(a) If there is a serious breach of this agreement, the party not in breach may terminate this agreement immediately. Serious breaches may include but are not limited to:
i. Abusing or assaulting Our employees or contractors;
ii. Continually breaching the terms of this agreement;
iii. Damaging or misusing Our equipment, stock and materials;
iv. Taking action which is intended to or would reasonably be expected to cause harm to Us or Our reputation, or which would reasonably be expected to lead to unwanted or unfavourable publicity to Us.
(b) If Your agreement ends for any reason, including termination by You or Us, You will still need to pay for the Services / Products that have been provided. The termination of this agreement for any reason will be without prejudice to any rights or liabilities of the parties which have accrued prior to the date of expiry or termination.
8. Sound Garage Cancellation Policy
(a) We understand there are times that You will not be able to keep your service installation appointment scheduled with Us. However, as we need to
manage and schedule our programmed Service Installations / Products in advance, We require notice 72 hours prior to your scheduled service appointment, should you wish to reschedule or cancel (Required Notice).
(b) Required Notice allows us to keep our team working as well as providing the opportunity for other customers to access this time slot.
(c) In the event that we are not provided the Required Notice, We reserve the right to charge a cancellation fee of up to 20% of the scheduled service fee as set out in the Quotation.
(a) You will indemnify and hold Us harmless against all costs (including legal costs), expenses, damages, accounts or other losses or liability, including those from any actions, suits, proceedings, claims or demands made against or suffered by the Us in connection with provision of the Services / Products to You and any failure by You to meet Your responsibilities described in this agreement.
10. Limitation of Liability
(a) In the case of damage, provided it is reported within 24 hours from the date the Services / Products are provided, We will rectify the problem by crediting You with the item’s present actual cash value (up to a limit of $50) toward replacement upon payment for the Services / Products.
(b) If You are not completely satisfied with Our Services / Products, or otherwise make a claim against Us, to the fullest extent possible subject to applicable legislation, We limit Our liability in respect of Your dissatisfaction or any claim You may make against Us to, at Our option:
i. Supply of the Services / Products again, in full, the portion required or in part; or
ii. Payment of the cost of having the Services / Products supplied again, in full, the portion required or in part.
(c) However, we reserve the right to not accept liability to reperform the Services / Products if they are not complete due to there being no or limited power, where third parties enter the Vehicle whilst the Services / Products are being performed, any damages caused by a faulty or not fully working order materials/equipment/vehicle supplied by You.
(d) We will not be responsible for the replacement of keys or locksmith fees, unless We, our employees or sub-contractors lose keys provided to Us and providing that we have a key access agreement signed by both You and Us.
(e) To the fullest extent permitted by law, We exclude all liability for damages arising out of or in respect of provision of the Services / Products and We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this agreement or which cannot be excluded.
11. Media Consent / Release
You authorise Sound Garage Qld and its assigns, employees, and agents (Sound Garage) to take photographs, images, and video recordings of you or your vehicle for use in the marketing and promotion of their business and products. Your consent is freely given.
You give Sound Garage the irrevocable right to use and reproduce your photograph, image, vehicle, video recording and any likeness in all forms and manner (Your Image) for the purposes of advertising, media publicity, publication, general display or for any other purpose that Sound Garage may choose, including for publication on websites, social media, broadcasts and other written or electronic publications released by Sound Garage (Publication).
You waive any interest you may have in the copyright to Your Image now or at any future time and acknowledge that you are not entitled, nor shall you in the future be entitled to receive any payment or consideration in respect of it. You agree to make no claim against Sound Garage for any payments for the Publication of Your Image.
You acknowledge that Your Image may continue to be used indefinitely and you forever waive any right to inspect or approve any Publication of Your Image by Sound Garage.
You understand that Sound Garage cannot control unauthorised use of Your Image by persons not associated with the company. You release and indemnify Sound Garage from any loss, damage, costs, expenses, or claims (including any consequential loss) connected with the Publication of Your Image.
12. General Clauses
(a) Relationship: Nothing in this agreement constitutes Us as an employee, partner, joint venture partner or agent of You.
(b) Governing Law: This agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
(c) No Assignment: You may not assign any rights or benefits under this agreement without Our prior written consent.
(d) Entire agreement: This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement
(e) Dispute Resolution: If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
(i) The complainant must inform the respondent in writing of the nature of the dispute; the outcome the complainant desires, and the action the complainant believes will settle the dispute.
(ii) On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.
(iii) Any unresolved dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation.
(iv) This clause survives termination of this agreement.
(f) Waiver and amendments: Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind
(g) Events beyond control: Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
(h) Severance: If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
(i) Notices: A notice or other communication to a party must be in writing and delivered to that party either personally or posted to their address and will be treated as having been received 7 days after posting.
(j) Counterparts: This agreement may be executed in any number of counterparts each of which will be an original, but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.
(k) Electronic Signature: This agreement may be executed by any and all parties by way of affixing an electronic signature which identifies the person affixing the signature. It is agreed that affixing an electronic signature is a reliable method of indicating approval of the contents of this agreement. This agreement may also be executed and delivered by email and the parties agree that such scanned execution and email delivery will have the same force and
effect as delivery of an original document with original signatures. In either case, each party may use such electronic signature or scanned signature as
evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used.
(l) Costs: Each party will pay their own costs in relation to this agreement.
13. Definitions and Interpretation
In the interpretation of this agreement:
(a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
(c) Grammatical forms of defined words or phrases have corresponding meanings;
(d) References to a party are intended to bind their executors, administrators and permitted transferees; and
(e) Obligations in this agreement affecting more than one party bind them jointly and each of them severally.
Sound Garage (Us/We/Our)
Contact Name: Sound Garage Day time Tel. Number: 07 3482 3861
Address: 2/70 Flinders Parade North Lakes QLD 4509