Smash Repair Terms & Conditions

These Terms & Conditions apply to repair, assessment, inspection, panel beating, spray painting, accident repair and related services provided by Four Wheel Drive Smash ("we", "us", "our") to customers ("you", "your").
By authorising us to inspect, repair or carry out work on your vehicle, you agree to these Terms & Conditions, together with any applicable quotation, estimate, repair authority, job card or other written agreement relating to your vehicle.
1. Repair Authorisation
1.1 We will only commence repair work after receiving appropriate authorisation from the vehicle owner, authorised representative, insurer or other person legally authorised to approve the work.
1.2 Where additional damage or repair requirements are identified after dismantling or inspection, additional work may be required.
1.3 Additional work will be discussed with and authorised by the relevant customer, insurer or authorised party before the additional work is undertaken, where required.
1.4 We may require written or electronic approval before proceeding with additional work.
1.5 We reserve the right to stop work where required authorisation, information, parts or payment arrangements have not been provided.
2. Quotes and Estimates
2.1 Quotes and estimates are based on the information and condition of the vehicle reasonably available to us at the time of assessment.
2.2 A vehicle may contain concealed damage that cannot reasonably be identified until dismantling or further inspection.
2.3 Where additional damage is identified, the repair cost may change. We will communicate any significant changes and seek the appropriate authorisation before proceeding.
2.4 A quote or estimate does not authorise work beyond the scope stated in the relevant repair authority.
NSW guidance recommends obtaining repair costs in writing and states that a repairer should only conduct work authorised by the customer.
3. Insurance Repairs
3.1 Where repairs are being completed under an insurance claim, the repair process may involve the vehicle owner, insurer, assessor and repairer.
3.2 Insurance approvals, claim decisions and payment arrangements are subject to the applicable insurance policy and the agreement between the insurer and the policyholder.
3.3 We will communicate with the relevant insurer or authorised representative where authorised to do so.
3.4 Nothing in these Terms & Conditions limits any rights or obligations arising under applicable insurance laws, the customer's insurance policy, the Australian Consumer Law or the Motor Vehicle Insurance and Repair Industry Code of Conduct.
The NSW Government states that the applicable industry code sets standards concerning honesty, fairness, dispute resolution, quality, safety, warranties and payment terms between insurers and repairers.
4. Parts and Materials
4.1 Replacement parts may be new, genuine, aftermarket, recycled, reconditioned or otherwise approved parts, depending on the repair authority, insurer requirements, availability and the customer's instructions.
4.2 Where a particular type or brand of part is requested, this should be agreed in writing before the repair commences.
4.3 Parts may be subject to availability, supplier delays and manufacturer or supplier warranty conditions.
4.4 Where a supplied part is defective, we will work with the relevant supplier or manufacturer to address the issue, subject to applicable consumer guarantees and warranty rights.
5. Vehicle Condition and Pre-existing Damage
5.1 The vehicle may be inspected and photographed before, during and after repairs.
5.2 We may record existing damage, defects, wear and tear or other conditions that are unrelated to the repair work.
5.3 We are not responsible for pre-existing damage, deterioration, mechanical faults or defects unrelated to the authorised repair work.
5.4 Where pre-existing damage or a mechanical issue affects the repair, we will notify the customer where reasonably practicable.
6. Personal Belongings
6.1 Customers should remove valuables and personal belongings from the vehicle before leaving it with us.
6.2 We recommend removing loose, fragile or valuable items from the vehicle.
6.3 We will take reasonable care of vehicles while they are in our possession. Nothing in these Terms excludes liability that cannot lawfully be excluded.
7. Vehicle Access and Test Driving
7.1 You authorise our employees, contractors and authorised personnel to move and, where reasonably necessary, test drive the vehicle for purposes connected with inspection, diagnosis, repair, road testing, quality control, safety checks or delivery.
7.2 Test driving will only be undertaken where reasonably necessary for the repair or assessment of the vehicle.
8. Completion and Collection
8.1 We will advise the customer when the vehicle is ready for collection.
8.2 Estimated completion dates are provided in good faith and may change due to circumstances including concealed damage, parts availability, insurer approvals, supplier delays, weather, technical issues or circumstances outside our reasonable control.
8.3 The customer must arrange collection of the vehicle within a reasonable period after being notified that the vehicle is ready.
8.4 Where a vehicle remains at our premises after the customer has been notified that it is ready for collection, storage or related charges may apply where those charges have been properly disclosed and agreed or are otherwise permitted by law.
9. Payment
9.1 Payment arrangements will be agreed before or during the repair process.
9.2 Unless otherwise agreed in writing, the customer is responsible for amounts properly payable for authorised repairs and services.
9.3 Where an insurer is responsible for payment, the customer's liability will be subject to the applicable insurance arrangement and any agreed excess or other amount payable by the customer.
9.4 We may require payment of the agreed customer contribution, excess, private repair amount or other authorised charges before releasing the vehicle.
9.5 If payment is not made when due, we may exercise any rights available to us under applicable law, including any lawful rights to retain possession of a vehicle until amounts properly owing have been paid.
NSW Government guidance confirms that, where a customer cannot pay for repairs completed, a repairer may in certain circumstances retain the vehicle until payment through a possessory lien.
10. Warranty and Consumer Guarantees
10.1 Any warranty offered by Four Wheel Drive Smash will be provided in accordance with the written warranty terms applicable to the repair.
10.2 Any warranty provided by a parts manufacturer or supplier may be subject to that manufacturer's or supplier's terms.
10.3 Our warranties operate in addition to, and do not replace, restrict or exclude, rights available to consumers under the Australian Consumer Law.
10.4 Where a service does not comply with an applicable consumer guarantee, the customer may have rights to a remedy, including repair, replacement, refund, cancellation or compensation depending on the circumstances.
10.5 Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.
Australian Consumer Law guarantees include that services will be provided with acceptable care and skill, be fit for an agreed purpose and be supplied within a reasonable timeframe where no timeframe has been agreed.
11. Delays and Circumstances Outside Our Control
11.1 We will make reasonable efforts to complete repairs within the estimated timeframe.
11.2 Delays may occur due to circumstances outside our reasonable control, including:

• Parts shortages or supplier delays

• Shipping delays

• Insurance or assessor approvals

• Discovery of additional damage

• Manufacturer requirements

• Mechanical or electrical issues

• Unexpected technical complications

• Severe weather or other events outside our reasonable control

11.3 Where a significant delay occurs, we will communicate the delay to the relevant customer or authorised party as reasonably practicable.
12. Customer Responsibilities
12.1 The customer must provide accurate information regarding the vehicle, its condition and the circumstances surrounding the repair.
12.2 The customer must inform us of any known mechanical, electrical, safety or other issues that may affect the repair.
12.3 The customer must ensure that they have authority to instruct us to carry out work on the vehicle.
12.4 The customer must provide any required keys, security information, access information or other items reasonably necessary to complete the authorised work.
13. Unauthorised or Additional Work
13.1 We will not intentionally carry out additional repair work outside the authorised scope without appropriate approval.
13.2 Where additional damage is discovered, the repair may need to be reassessed and the repair authority or estimate amended.
13.3 If additional work is necessary for safety or to properly complete the authorised repair, we will seek appropriate authorisation before proceeding where reasonably practicable.
14. Vehicle Safety
14.1 We may identify safety-related issues during inspection or repair that are unrelated to the original repair request.
14.2 Where a safety issue is identified, we may advise the customer that further repairs or inspection are recommended.
14.3 We will not represent that an unrelated defect has been repaired unless that work has been specifically authorised and completed.
15. Complaints and Dispute Resolution
15.1 If you have a concern about our services, please contact us as soon as possible so that we can investigate and attempt to resolve the matter.
15.2 We will make reasonable efforts to resolve complaints fairly and promptly.
15.3 Customers retain any rights available to them under the Australian Consumer Law and NSW legislation.
15.4 Where applicable, customers may also seek assistance from NSW Fair Trading or another appropriate dispute resolution body.
NSW Fair Trading provides a dispute-resolution service for issues involving licensed motor dealers and repairers.
16. Privacy
16.1 We collect and use personal information for purposes including providing quotations, communicating with customers, processing repairs, dealing with insurers and suppliers, maintaining records and providing customer service.
16.2 Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.
16.3 Our Privacy Policy forms part of the information governing our dealings with customers.
17. Website Information
17.1 Information displayed on our website is provided for general information and may change without notice.
17.2 Images displayed on the website may be examples of our work and may not represent the exact repair or service provided to every customer.
17.3 We make reasonable efforts to keep website information accurate and current.
18. Changes to These Terms
18.1 We may update these Terms & Conditions from time to time.
18.2 The Terms applying to a particular repair will be the Terms and conditions agreed with the customer at the relevant time, together with any applicable repair authority, quotation, estimate or other written agreement.
18.3 Any change to these Terms will not affect rights or obligations that have already accrued under an existing agreement, except where permitted by law.
19. Applicable Law
19.1 These Terms & Conditions are governed by the laws applicable in New South Wales and Australia.
19.2 Nothing in these Terms & Conditions excludes any mandatory rights, guarantees, protections or remedies available under applicable Australian or NSW law.
20. Contact
Four Wheel Drive Smash
For questions regarding these Terms & Conditions, your repair, quotation, payment or complaint, please contact us using the details provided on our website.
Phone: [Insert Phone Number]
Email: [Insert Email Address]
Address: [Insert Business Address]
ABN: [Insert ABN]
Repairer Licence Number: [Insert Licence Number]
Important Notice
These Terms & Conditions are intended as a practical website template for a NSW motor vehicle repair business. They should be reviewed by an Australian lawyer before publication, particularly to ensure they match Four Wheel Drive Smash's actual insurance arrangements, payment practices, warranties, storage arrangements and repair authorisations.