Terms & Conditions

TERMS AND CONDITIONS 

Please read  these Terms and Conditions carefully. By accepting a quotation, requesting   goods or services, signing a credit application, or instructing Surge Auto Electrical Pty Ltd ("Surge Auto Electrical") to   carry out work, the Customer agrees to be bound by these Terms and   Conditions.

• PAYMENT TERMS: Unless otherwise agreed in writing, all invoices are due and payable within due date on the invoice. Payment terms may be varied by written agreement only. Surge Auto Electrical reserves the right to require full payment in advance, a deposit, or payment immediately upon completion of work where appropriate. Payments may be made by electronic funds transfer, credit card, cash or any other payment method approved by Surge Auto Electrical.

• CREDIT LIMIT: Surge Auto Electrical & Air Conditioning reserves the right to set, vary, or withdraw the credit limit at any time without notice. Credit is a privilege, not a right. 

• OVERDUE ACCOUNTS: If payment is not received by the due date, Surge Auto Electrical may charge interest on overdue amounts at 2% per month, calculated daily, not exceeding the maximum amount permitted by law; suspend further work or supply of goods until all outstanding amounts have been paid; withdraw any approved credit facilities.

• DEBT RECOVERY: If an account is referred to a debt collection agency or solicitor for recovery, all associated costs including agency fees, legal costs, and disbursements shall be payable by the debtor. Such costs will only be recoverable to the extent permitted by law. 

• RETENTION OF TITLE: All parts, components, and materials supplied by Surge Auto Electrical & Air Conditioning remain the property of Surge Auto Electrical until paid for in full. Title passes to the customer only upon receipt of full payment. 

Until ownership passes, the Customer agrees to: 

• keep the goods separately identifiable where reasonably possible; 
• not sell, dispose of or otherwise deal with the goods in a manner inconsistent with Surge Auto Electrical's ownership rights. 

Risk in the goods passes to the Customer upon delivery or installation. Where payment remains outstanding, Surge Auto Electrical may exercise any rights available at law to recover unpaid goods.

• PERSONAL PROPERTY SECURITIES ACT (PPSA): Where applicable, these Terms create a Security Interest for the purposes of the Personal Property Securities Act 2009 (Cth). The Customer agrees to do all things reasonably required by Surge Auto Electrical to register and maintain that Security Interest.

• GST: All prices are exclusive of GST unless otherwise stated. GST at the applicable rate will be added to all invoices. Tax invoices will be provided for all supplies. 

• QUOTES: Written quotes are valid for 14 days from the date of issue, unless withdrawn earlier. Quotes are based on information available at the time they are prepared. If additional faults, damage or repairs are identified after work has commenced, Surge Auto Electrical will obtain the Customer's approval before undertaking additional chargeable work wherever reasonably practicable. Parts pricing remains subject to supplier availability and pricing.

• WARRANTY: Labour performed by Surge Auto Electrical is warranted for 365 days or 20,000 km (whichever occurs first) against defects in workmanship. Parts warranty is subject to the original manufacturer's warranty terms. This warranty applies only to defects arising from faulty workmanship.

This warranty does not cover: 

• normal wear and tear; accidental damage; 
• misuse or abuse; 
• neglect or lack of maintenance;
• unauthorised repairs or modifications; 
• faults unrelated to work performed by Surge Auto Electrical; 
• customer-supplied parts. 

Replacement parts supplied by Surge Auto Electrical are covered by the original manufacturer's warranty where applicable.

• CUSTOMER-SUPPLIED PARTS: Where the Customer requests installation of customer-supplied parts: 

• no warranty is provided by Surge Auto Electrical for those parts; 
• Surge Auto Electrical accepts no responsibility for the quality, compatibility or performance of those parts; 
• labour associated with diagnosis, removal or replacement of defective customer-supplied parts remains chargeable.

• LIMITATION OF LIABILITY: To the maximum extent permitted by law, Surge Auto Electrical shall not be liable for any indirect, consequential or economic loss, including loss of profits, business interruption or loss of use. Where liability cannot be excluded by law, Surge Auto Electrical's liability is limited to the remedies available under the Australian Consumer Law.

• AUSTRALIAN CONSUMER LAW: Nothing in these Terms excludes, restricts or modifies any rights or remedies the Customer may have under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 2010 (WA) or any other legislation that cannot lawfully be excluded.

Customers are entitled to the benefit of all applicable consumer guarantees.

• VEHICLES LEFT FOR REPAIR: The Customer authorises Surge Auto Electrical to operate the vehicle where reasonably necessary for diagnosis, testing or quality assurance purposes. Vehicles remaining uncollected more than 14 days after notification that repairs have been completed may incur reasonable storage charges.

• CUSTOMER PROPERTY: Customers are responsible for removing valuables and personal belongings from their vehicle before it is left with Surge Auto Electrical. Surge Auto Electrical accepts no responsibility for loss of or damage to personal property left inside vehicles except where required by law. Surge Auto Electrical reserves all rights available under law to retain possession of a vehicle until all outstanding amounts have been paid.

• BATTERY DISCONNECTION: Where repairs require battery disconnection, electronic settings such as radio codes, clocks, seat memory or vehicle control modules may reset. Surge Auto Electrical is not responsible for the loss of electronic settings where battery disconnection is reasonably necessary to perform repairs.

• DELAYS: Surge Auto Electrical is not responsible for delays caused by events beyond its reasonable control, including supplier shortages, freight delays, weather events, industrial action or other unforeseen circumstances.

• PERSONAL GUARANTEE: Where the Customer is a company, trust or other legal entity, each Director, Trustee or authorised signatory signing the credit application irrevocably guarantees payment of all monies owing by the Customer and indemnifies Surge Auto Electrical against any loss arising from the Customer's default.

• PRIVACY: Personal information collected by Surge Auto Electrical is handled in accordance with the Privacy Act 1988 (Cth). Information may be collected, used and disclosed for purposes including: credit assessment; account administration; debt recovery; obtaining trade references; compliance with legal obligations. Information may be disclosed to credit reporting bodies, trade referees, debt collection agencies, legal advisers and professional advisers where reasonably necessary. Personal information will not be sold or disclosed to third parties for marketing purposes without consent.

• GOVERNING LAW: These terms and conditions are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

• VARIATION: These terms and conditions may be varied by Surge Auto Electrical & Air Conditioning from time to time by providing 30 days written notice to the account holder. Any amended Terms apply only to transactions entered into after the notice period unless otherwise agreed in writing.

• ENTIRE AGREEMENT: These Terms and Conditions constitute the entire agreement between the parties regarding the supply of goods and services unless otherwise agreed in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.