Terms & Conditions
SUBSCRIPTION SERVICE AGREEMENT:
This Subscription Service Agreement (“Agreement” or Subscription), made between you (“Client” or “You” or “Your”) and Wrench Workz (“Wrench Workz”) governs the purchase of the automotive services subscription (defined below) from Wrench Workz. These terms of Subscription are effective upon Your placement of an online subscription order for automotive services and accepted by Wrench Workz; (“Order”). In proceeding with an Order, You agree that You have had a reasonable opportunity to review, comment, negotiate, and obtain independent legal advice in relation to the terms of this Agreement.
1. Definitions:
“Claim” means any third-party suit, claim, action or demand made in contract, tort or under statute for any loss, damage, cost, claim, expense, penalty or other payment arising out of or in connection with this Agreement.
“Confidential Information” means a) the concept of this Subscription service (including these Terms), b) Client information, or c) any information a party discloses to the other in writing or orally and is designated as confidential at the time of disclosure. Confidential Information excludes any information that (i) is or becomes generally known to the public through no fault or breach of this agreement by the receiving party, (ii) was already in the receiving party’s possession, without restriction on use or disclosure, when the receiving party received it under this agreement, or (iii) was or is rightfully obtained by the receiving party without restriction on use or disclosure from a third party.
“Intellectual Property Rights” means all intellectual property or other proprietary rights worldwide, including patents, copyrights, trademarks, moral rights, trade secrets, and any other intellectual or industrial property.
“Services” means automotive-mechanical repairs, auto-electric repairs, tyres, or any other automotive related work, including the spare used for the repairs.
“Subscription Fees” means advance payment as per the Subscription Plan per week paid from the Monday of the week after completing the Order.
“Subscription Period” means twelve months from the date of Order.
“Subscription Plan” the plan as published on Wrench Workz website and updated from time to time.
“Terms” means the terms and conditions included in this Agreement.
“Vehicle” means the Automotive vehicle linked to the Order in accordance with this Agreement; and registered under the same address as the Client; and or Vehicles registered under a business of which the Client is a shareholder/director.
2. Scope of Services:
The Services will be performed on the Vehicle subject to the following:
a. Client prebooking for the Services at the Wrench Workz’s recommended mileage of the Vehicle or earlier and making the Vehicle available at the Wrench Workz premises.
3. Client Obligations:
In consideration of the provision of the Services by Wrench Workz under this Agreement, the Client hereby agrees to:
a. pay Wrench Workz the Subscription Fees when it becomes payable as per this Agreement, and that no payments are in arrears at any time;
b. subject to clause 3(a), make bookings well in advance to meet the Vehicle service requirement as recommended by Wrench Workz and or the manufacturer of the Vehicle;
c. notify Wrench Workz as soon as the ownership of the Vehicle changes;
d. follow the recommendations and or instructions provided by Wrench Workz and or the manufacturer of the Vehicle in relation to the Vehicle usage or maintenance;
e. keep the Confidential Information confidential and not disclose any Confidential Information to a third party, including Your affiliates or associates.
4. Wrench Workz’s obligations:
Wrench Workz hereby agrees to:
a. provide the Services with the utmost compliance as required by the industry standards and regulations;
b. provide complimentary vacuum and wash service with all servicing;
c. notify the Client of any issues in relation to the performance of the Vehicle;
d. any unused credit from one Subscription Period will be rolled over to the following Subscription Period;
e. provide discounted products and services as per the Subscription Plan including but not limited to:
i. Multiple cars servicing;
ii. Logbook & used car service;
iii. Tyre replacement;
iv. Windscreen;
v. Brakes and rotors;
vi. Mobile service;
vii. Battery.
f. If a product recall occurs or when Wrench Workz becomes aware of a product recall, it will promptly inform the Client of the recall, it is the Client’s responsibility to follow manufacturer's instructions in relation to the recall.
5. Liability and limitations of Liability:
a. Subject to the express warranties contained in this Agreement, and to the extent permitted by law, Wrench Workz will not be liable for any loss or damage whatsoever suffered by the Client as a result of any act, omission or statement made by Wrench Workz.
b. Wrench Workz's total liability to the Client with respect to the Claims made under or in breach of this Agreement shall not under any circumstances exceed 10% of the annual Subscription Fee.
c. Without limiting the application of clause 5(a), under no circumstances will Wrench Workz be liable to the Client for:
A. any loss resulting from unavailability of the Vehicle; or
B. any indirect or consequential loss or damage.
6. Warranties; Disclaimer of Warranties:
a. Subject to clause 5 of this Agreement, Wrench Workz is to, at its own expense, make good by repair or replacement any defects in the Services, or in the material used by it which appear within six months after the Services is performed.
b. Wrench Workz’s warranty under this Agreement is to apply to only defects that appear under normal operating conditions and proper use. It shall not be extended to Client’s faulty maintenance or use of Vehicle other than as recommended by Wrench Workz or the manufacturer of the Vehicle.
c. Wrench Workz expressly excludes any warranty to their Services, if the Client has performed any alterations or other service works whatsoever without its consent.
d. If the Client is deemed as a ‘consumer’ within the meaning of the Australian Consumer Law, then:
i. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:
A. to cancel your service contract with us; and
B. to a refund for the unused portion, or to compensation for its reduced value.
ii. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
e. All liability claims must be made in writing to Wrench Workz, 48 Remus Circuit Cranbourne West VIC 3977, within the warranty period specified in this clause. All expenses related to making a claim must be borne by the Client.
f. This Warranty is given by: Wrench Workz, 48 Remus Circuit Cranbourne West VIC 3977. Phone: 0411 185 292; Email: info@wrenchworkz.com.au
7. Intellectual Property Rights:
Wrench Workz warrants that:
a. The receipt and use of the Services by the Client will not infringe the rights, including any Intellectual Property Rights of any third party.
8. Privacy:
a. Wrench Workz warrants that it complies with and will continue to comply with the Privacy Act and all other applicable privacy laws;
b. If Wrench Workz collects, holds, uses, or discloses personal information (as per the WRENCH WORKZ SERVICE TERMS AND CONDITION under the Privacy Act) (Personal Information) in relation to this Agreement, then it must:
i. handle all Personal Information in accordance with its privacy policy;
ii. only use Personal Information for the purpose of performing its obligations under this Agreement; and
iii. not disclose Personal Information to any third party (including any subcontractor) without the Client’s prior written consent or as required by law.
9. Assignment, novation, and other dealings:
The Client may not assign, novate, transfer, or deal in any manner with any or all its obligations under this Agreement without the prior written consent of Wrench Workz.
To avoid doubt: You cannot transfer the benefits and obligations of this Subscription to a third party (by way of transferring your Vehicle or otherwise) without written consent of Wrench Workz.
10. Termination:
This Agreement terminates:
a. At the end of the Subscription Period;
b. breach of any obligations set out in this Agreement;
c. delays of over 10 business days to comply with the payment requirement under clause 5(a).
d. notice to Wrench Workz from Client’s estate that the Client is deceased during the Subscription Period; OR
e. immediately if an event of insolvency (as defined in Corporations Act 2001 (Cth) occurs in relation to either party).
11. Effect of Termination:
a. Upon Termination, the Client must immediately pay all outstanding payments and any other costs, expenses, and interest owing under this Agreement;
b. Each party ceases to have any liability to the other party under this Agreement, except for the liabilities accrued up to the date of Termination.
12. Dispute Resolution:
a. If a dispute arises, before any proceeding is commenced the party claiming that a dispute has arisen must give 14 days notice to the other party setting out the dispute and seeking discussion and compromise to resolve the dispute.
b. If after 14 days the dispute is not resolved then it must be referred to mediation by Victorian Small Business Commission and the costs of the mediation shall be borne by the parties equally.
c. Nothing in this clause will prevent either party from seeking urgent interlocutory relief.
13. Governing Law: This Agreement will be governed by the substantive laws of Victoria, Australia without giving effect to any conflict of law rules. You are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties specifically agree to submit to the exclusive jurisdiction of Victoria, Australia in any dispute arising out of or relating to this Agreement.