Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between D&T Autobody (trading as D&T Autobody, ABN 81 202 902 721) (""we", "us", "our") and you (""you", "Customer"). By requesting a quote, making a booking, paying an invoice, or otherwise engaging us, you agree to be bound by these Terms.

1. Definitions

• "Products" means goods supplied by us, including replacement panels, parts, paint and related materials.
• "Services" means the autobody services we provide, including autobody repairs, refinishing, resprays, cut and polish, detailing, headlight restorations, bumper repairs and the fitting of replacement panels.
• "Vehicle" means the motor vehicle you make available to us for Services.
• "Workshop" means our premises.
• "Communications" means SMS messages, phone calls, voice messages, chat-widget messages, social media messages and other electronic or telephonic communications.
• "Fees" means the price payable for Products and Services as quoted, invoiced or otherwise agreed.
• "Business Day" means a day other than a Saturday, Sunday or public holiday in Victoria.

2. Eligibility

To engage us, you must be at least 18 years old, have legal capacity to enter into a contract, and either own the Vehicle or have the owner's express authority to authorise work on it. By placing an order or booking work, you warrant that you have that authority.

These Terms apply to both consumer and business customers. Where you are acquiring Products or Services for the purposes of a business (i.e. not as a "consumer" within the meaning of the Australian Consumer Law), some consumer guarantees may not apply, and additional terms may be agreed in writing.

3. Acceptance and Variation

You accept these Terms by:

• ticking a box, signing a work order, or clicking an "I agree" button confirming acceptance;
• submitting a quote form on our website or placing an order;
• paying an invoice;
• delivering your Vehicle for Services; or
• otherwise commencing engagement with us.

We may update these Terms from time to time. The current version will be available at https://dtautobody.com.au. Material changes will not retrospectively affect work or orders already in progress.

4. Quotes, Orders and Pricing

• Quotes are valid for 30 days from the date issued, unless stated otherwise, and are based on the information and photographs you provide.
• Quotes and estimates are indicative until an in-person inspection of the Vehicle has been carried out. The final scope and cost may change if additional damage is found once panels are removed, trim is stripped, or the Vehicle is inspected more closely than photographs allow. Where this occurs, we will inform you and obtain your approval before proceeding with any additional work or charges.
• Paint colour matching on older or sun-faded vehicles is carried out to the closest achievable match to the surrounding panels. Some variation may remain where the existing paint has faded or oxidised unevenly.
• Turnaround times are estimates only and may be affected by parts availability, the extent of damage found once work begins, and the condition of the Vehicle.
• An order for Products is an offer to purchase, which we may accept or decline at our discretion. A contract is formed when we confirm acceptance (by SMS, phone or written acknowledgement).
• All prices are in Australian Dollars (AUD).D&T Autobody is not registered for GST, and no GST is added to any quote or invoice.
• We make reasonable efforts to ensure pricing on our website is accurate. If a pricing error is identified before an order is fulfilled, we will contact you to confirm whether you wish to proceed at the correct price or cancel the order for a full refund.

5. Communications Consent (Important)

By accepting these Terms and providing your contact details, you expressly consent to us contacting you by:

• SMS / Text message to the mobile number you provide;
• Telephone calls (including voice messages) to the number you provide; and
• Social media messages where you have contacted us through those channels.

You consent to receive both:

• (a) Service Communications: quote follow-ups, booking confirmations, reminders, in-progress updates, "ready for collection" notifications, invoices, warranty notices and other transactional messages necessary to deliver the Products and Services; and
• (b) Marketing Communications: offers, promotions, seasonal deals and other commercial messages from us.

5.1 Frequency

Service Communications will be sent as needed. Marketing Communications may be sent from time to time.

5.2 Message and Data Rates

Standard message and data rates may apply through your mobile carrier or internet provider. We are not responsible for any charges your carrier may impose.

5.3 Opting Out

You may withdraw consent for Marketing Communications at any time:

• SMS: reply "STOP" to any marketing SMS
• Phone: tell us during a call, contact us directly, or register on the Do Not Call Register at www.donotcall.gov.au

Withdrawing consent for Marketing Communications does not affect Service Communications, which are necessary for us to deliver the Products and Services you have engaged us to provide.

5.4 Compliance

All Communications we send comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and the Privacy Act 1988 (Cth).

6. Payment

• Payment is due on or before completion of the Services, or before Products are released, unless otherwise agreed in writing.
• We accept bank transfer and card payments. Card payments are processed via secure third-party payment gateways.
• Late payments may incur reasonable recovery costs and interest at the rate prescribed under applicable Victorian legislation, calculated from the due date until paid in full.
• Until full payment is received, title in any Product supplied does not pass to you and we may, to the extent permitted by law, retain or recover the Product. Risk in the Product passes to you on delivery or collection.

7. Your Vehicle at Our Workshop (Bailment)

When you leave your Vehicle with us for Services, the following applies:

7.1 Care of Vehicle

We will take reasonable care of your Vehicle while it is in our custody. We store each Vehicle securely at the Workshop or an immediately adjacent area we control.

7.2 Personal Belongings

You are responsible for removing valuables and personal belongings from your Vehicle before drop-off. We are not liable for loss of, or damage to, personal items left in the Vehicle.

7.3 Inspection and Assessment

You authorise us to inspect and assess your Vehicle as reasonably required to diagnose, quote, verify or carry out the work. The Vehicle must be in a safe and stable condition at the time you deliver it to us. If it is not, you must tell us in advance.

7.4 Collection of Vehicle

You agree to collect your Vehicle within a reasonable period after being notified that the work is complete. We will contact you using the details you have provided to arrange collection.

7.5 Lien Over Vehicle

To the extent permitted by law (including the Australian Consumer Law), we have a lien over your Vehicle for any unpaid Fees or other amounts you owe us in respect of work performed on the Vehicle. We may retain possession of the Vehicle until those amounts are paid in full. If amounts remain unpaid for more than 90 days after written notice, we may exercise any further rights available to us under law.

7.6 Insurance

You are responsible for maintaining comprehensive motor vehicle insurance covering your Vehicle while it is in our custody. We maintain our own business and public liability insurance covering work performed at the Workshop.

8. Service Work — Important Disclosures

8.1 Indicative Quotes and Hidden Damage

Quotes provided from photographs or a description of damage are indicative only. A final, binding quote is issued after an in-person inspection of the Vehicle. Additional damage not visible until panels are removed, trim is stripped, or the Vehicle is examined closely may change the scope and cost of the work. Where this occurs, we will inform you and obtain your approval before proceeding with any additional work or charges.

8.2 Paint Colour Matching

Paint colour matching is carried out to the closest achievable match to your Vehicle's existing finish. On older vehicles, or vehicles whose paint has faded, oxidised or aged unevenly from sun exposure, some variation between the refinished area and the surrounding panels may remain. We take care to blend repairs where possible, but a perfect invisible match cannot be guaranteed on significantly aged paint.

8.3 Turnaround Times

Turnaround times provided are estimates only and may be affected by parts availability (including the supply of replacement panels and paint materials), the extent of damage found once work begins, curing times for paint and clear coat, and the overall workload at the Workshop.

8.4 Roadworthiness and ADRs

It is your responsibility to ensure that any repair or modification you request complies with all applicable laws, including the Australian Design Rules (ADRs) and Victorian vehicle standards and roadworthiness requirements. We will inform you if, in our reasonable opinion, work you request is likely to render your Vehicle non-compliant, and we may decline to perform such work. We do not warrant that any repair will satisfy a particular roadworthiness or regulatory requirement in your specific circumstances, and you should seek your own confirmation where compliance is critical.

8.5 Existing Condition of Vehicle

You acknowledge that some vehicles, particularly older or previously repaired ones, have pre-existing issues that may only become apparent during repair. We are not responsible for pre-existing faults or for the cost of remedying issues unrelated to our work, although we will inform you where we identify them.

9. Your Australian Consumer Law Rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law where it cannot lawfully be excluded.

Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to a refund or replacement (in the case of Products) or cancellation of the Services (in the case of Services), and to compensation for any other reasonably foreseeable loss or damage. For failures that do not amount to a major failure, you are entitled to have the Product replaced or repaired, or the Services re-supplied or the cost of re-supply refunded, within a reasonable time.

10. Returns and Refunds

10.1 Change of Mind

We do not offer refunds, exchanges or credit for change of mind on:

• Products that have been opened, used, fitted or installed;
• Products specifically ordered in or custom-prepared for you; or
• Services that have been performed.

10.2 Cancellation by Us

We may cancel or reschedule a booking for reasons including illness, staff unavailability, equipment failure, supply delays or unforeseen circumstances. We will offer you a rescheduled time or, where rescheduling is not reasonably possible, a refund of any amounts already paid for the cancelled work or Product.

10.3 Faulty Products or Services

If a Product is faulty, or our Services do not meet a consumer guarantee under the Australian Consumer Law, please contact us as soon as possible and we will work with you to resolve the issue in accordance with the law. Section 10.1 does not limit your rights under the Australian Consumer Law.

11. Your Responsibilities

You agree to:

• provide accurate information about yourself and (where relevant) your Vehicle;
• attend or arrange Vehicle drop-off and collection at the agreed times;
• not authorise work that is unlawful or unsafe;
• ensure your Vehicle is registered and insured when in our custody;
• treat our staff with respect;
• pay all amounts when due.

12. Intellectual Property

Our website content, branding, logos, photographs, videos, designs and other materials are owned by us or our licensors. You may not copy, reproduce, modify or commercially exploit them without our prior written consent. Photographs of our completed work may be published on our website and social media in accordance with our Privacy Policy.

13. Limitation of Liability

To the maximum extent permitted by law (and subject to Section 9):

• our total aggregate liability to you, whether in contract, tort (including negligence), under statute or otherwise, is limited to the Fees you have paid us in the 12 months preceding the event giving rise to the claim;
• we are not liable for any indirect, consequential, special, incidental or punitive loss or damage, including loss of profits, loss of use of your Vehicle beyond the agreed work period, loss of business or loss of data;
• where our liability cannot be excluded but can be limited, our liability is limited (at our option) to re-performing the Services, replacing the Product, or paying the cost of having the Services re-performed or the Product replaced.

We are not liable for any failure of a Product caused by misuse, accident, unauthorised modification, further alteration by you or a third party, or use contrary to the manufacturer's instructions.

14. Indemnity

You indemnify us against all loss, damage, cost or expense (including reasonable legal fees) suffered by us as a result of:

• your breach of these Terms;
• your misrepresentation about ownership or authority over the Vehicle; or
• your breach of any applicable law,

except to the extent caused by our own breach or negligence.

15. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, supply chain disruptions, internet or telecommunications failures, or industrial action.

16. Dispute Resolution

If a dispute arises, please contact us first using the details in Section 19 — most issues can be resolved quickly through a direct conversation. If the dispute cannot be resolved within 21 days, the parties agree to attempt mediation through a mutually agreed mediator (or, failing agreement, a mediator appointed by the Resolution Institute) before commencing legal proceedings (except for urgent injunctive relief or recovery of debt).

You also have the right to refer consumer disputes to Consumer Affairs Victoria (www.consumeraffairs.vic.gov.au, phone 1300 55 81 81).

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

18. General

• Entire agreement: these Terms, together with any quote, work order, order confirmation or invoice we issue to you, constitute the entire agreement between the parties in relation to the Products and Services.
• Severability: if any provision is found to be invalid or unenforceable, the remaining provisions continue in force.
• No waiver: failure to enforce a right is not a waiver of it.
• Assignment: you may not assign these Terms without our written consent. We may assign these Terms in connection with a sale or restructure of our business.
• Notices: notices must be in writing and sent to the contact details set out below (or as updated in writing).

19. Contact

This policy is a general template and does not constitute legal advice. D&T Autobody recommends seeking professional legal review to ensure full compliance with applicable laws.