Vintique Moto

Terms and Conditions of Trade

1. Definitions

1. 1.1.  “Estimate” means the terms and conditions contained herein, together with any estimate,

   order, invoice or other document, including email or amendments expressed to be

   supplemental to this Estimate.

2. 1.2.  “Vintique Moto”, “Us” or “We” or “Our”means Vintique Moto, its successors and assigns or

   any person acting on behalf of, and with the authority of, Vintique Moto

3. 1.3.  “The Client”, “Owner”, “You” or “Your” means the person/s, entities or any person acting on behalf of and with the authority of The Client requesting Vintique Moto to provide the Works

   as specified in any proposal, estimate, order, invoice or other documentation, and:

1.3.1.

1.3.2. 1.3.3. 1.3.4. 1.3.5.

if there is more than one Client, is a reference to each client jointly and severally; and
if the Client is a partnership, it shall bind each partner jointly and severally; and

if the Client is a part of a trust, shall be bound in their capacity as a trustee; and

includes the Clients executors, administrators, successors and permitted assigns. includes the authorised insurer of the vehicle owner engaging Vintique Moto for services of repair.

1. 1.4.  “Works” means all Works or Parts (including but not limited to any consumables etc consumed during the course of the project whether undertaken on a vehicle, a vehicles’ parts or other works unrelated to a vehicle. ) supplied by Vintique Moto to The Client at The Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Parts’ shall be interchangeable for the other).

2. 1.5.  “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Works as agreed between Vintique Moto and The Client in accordance with clause 17 Payment Terms.

2. Acceptance
2.1. You (and if more than one person or entity, all of you together jointly and severally) are deemed

2.2.

to have agreed to, and be immediately bound by, the terms and conditions in this agreement

and in doing so, know that this creates valid and binding legal obligations:
2.1.1. upon Our receipt of Your acceptance to the V1 estimate and/or offering via email;

and/or
2.1.2. upon Your agreement to any updated variation(s) that may be sent from time to time;

and/or
2.1.3. upon the vehicle, parts or item delivery to Vintique Moto for the purposes of Us

undertaking Work.

You warrant that unless disclosed to Us in writing that:

1. 2.2.1.  You are the legal owner of the vehicle; and/or

2. 2.2.2.  You have the power and authority to enter into this agreement; and

2.2.3. You have obtained all necessary authorisations to allow You to enter into this agreement

and authorise work on the vehicle; and
2.2.4. that You have sufficient means to meet all the costs of the work on the vehicle when

payment falls due.

2.3. We request you to maintain Your insurance cover on the vehicle whilst it is with Us for work or storage and to update Your insurance provider that Your vehicle is undergoing restoration work, or is with Us for storage.

1. Estimates

   1. 3.1.  All information provided to you in Our estimates is based on the years of knowledge and

      experience We have. We may rely on information which you have given Us when providing an estimate without independently verifying it. Every project is different and it is not always possible to foresee its outcome. In Our experience it can be challenging to see everything behind the paint, or indeed, hiding within a panel, We do Our best to highlight potential grey areas. All costs outlined in the estimate may vary as the project progresses.

   2. 3.2.  We will keep you up to date with any changes or additional work as much as possible. You may wish to allocate a level of financial contingency that you feel comfortable with for Your project.

   3. 3.3.  All estimates are exclusive of GST, unless indicated, and any items purchased may have additional costs including (but not limited to) GST, shipping, customs, and foreign currency conversion charges applied.

   4. 3.4.  Our hourly rate is based on Our workshop and office overheads and to ensure We have skilled staff working on Your vehicle.

   5. 3.5.  Once Your estimate is accepted, We will contact you to pencil in a date for vehicle delivery. We ask that you advise Us in writing at Your earliest awareness of any timelines or budget constraints that You have or are working towards. We have no liability for any loss of damage arising as a result of a delayed check-in date.

   6. 3.6.  Checking into the workshop will be scheduled. Whilst We undertake to work hard to keep to Our proposed check-in dates, some of the existing projects can have unexpected additional requests which can add unforeseen time to Your original check-in dates. Every client who is in the workshop is afforded time to consider updated estimates and also to request additional works as their project progresses. This can cause unexpected delays in the scheduling. Once Your vehicle is in the workshop, these same principles will apply to You. We have no liability for any loss of damage arising as a result of a delayed check-in date. We appreciate Your understanding.

2. Vehicle delivery
   4.1. Upon delivery of the vehicle to Our workshop We will conduct, as the current condition of the

   vehicle allows, a full test of functioning electrics and mechanics at Your cost. Notes will be taken of what does and does not work and it will be logged with Your project and communicated with You. Vintique Moto is not liable for any electrics, parts or mechanical issues that were pre-existing to the delivery to Your workshop or that develop independently of work which We are completing on the vehicle.

   4.2. We recommend that you keep Your vehicle’s licence and registration current, or placed on hold, whilst work is being undertaken with Us. If a vehicle

has a lapsed registration, it may need to go through additional compliance steps to get back on the road.

4.3. Please be aware that there are other projects in the workshop and as such We cannot work on Your vehicle full time, end to end on Your project without prior discussion. Some of Our processes require Your vehicle to sit and hold either as part of a technical restoration process, paperwork, or as We progress other projects within the workshop. Whilst We work hard to keep to Our discussed schedules, some of Our work is unknown at the time of original and updated estimates, and as a result timing can be fluid. This may result in some changes in dates for Your project. We have no liability for any loss of damage arising as a result of such delays.

1. Project Communication
   5.1. All Clients must remain in regular communication with Vintique Moto so that any questions,

   unexpected issues and/or ideas can be discussed, approved or declined.

   5.2. If for any reason communication with Our team stops without warning, all work on that project will stop until satisfactory communication has resumed.

   5.3. Unless prearranged with Our team, if (without prior arrangement) You do not get back in communication with Us for a period of more than 30 days, all work will stop and the vehicle will be moved onto Our workshop storage plan with associated fees as per section 18.5 from the date of Our last recorded communication from you.

2. Client meetings
   6.1. Due to the volume of work that is managed within Vintique Moto, all meetings with Our team

   must be scheduled by appointment and We request as much notice as possible to work in with workshop schedules.

3. Delays
   7.1. Unless discussed and prearranged with Us, any project that has seen delays in waiting for owner

   sourced parts or, approval for further work or, is otherwise delayed wholly or in part by You more than 30 days then We have the right to stop work and may move the vehicle onto Our workshop storage plan with associated fees as per section 18.5.

4. Parts delivery and collection
   8.1. All parts arriving or leaving will be documented and photographed at Your cost so that they can

   be tracked and accounted for.

8.2. All parts that are delivered to or collected from the workshop by You or at Your request must

be arranged by appointment.

9. Client satisfaction
9.1. If at any point during the project You feel that the work being carried out and/or invoiced for, is

incorrect or does not meet your expectation, please contact our management team to discuss your concerns.

9.2. If You are concerned with any invoice in part or in whole, you have 3 calendar days following the date You received the invoice to raise Your concerns in writing with Our management team. Acceptance of the work detailed in each invoice is acknowledged by its payment.

10.

Photography and Videography
10.1. Any and all media created by Vintique Moto will remain the rights of Vintique Moto and can be

used by Us for the purpose of advertising on all platforms, printed and digital.

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10.2. You will be issued with a project gallery of Your vehicle’s project via SMS. This provides a photographic reference of all parts and work undertaken on Your vehicle.

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10.3. Selected images may need to be shared with certifiers to verify work where required.

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Paint Selection

11.1. All vehicles that are planned to have any paint work undertaken - either a full body repaint, exterior only, or part thereof; will need to have the existing colour documented at the disassembly phase of the project - even if a new colour is being chosen. We do this to ensure You have the existing paint on record. This will be obtained via paint scanning tools to identify the closest match in the paint system, or as a code supplied from You (if known), from manufacturer plates or VIN references on the vehicle. Upon scanning the paint, three test cards will be sprayed out at Your cost and documented against existing paint to ensure an accurate record of existing paint is known prior to any paint removal.

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11.2. Vehicle paint selection requires Your approval in writing before the final paint procedure can commence. Colour swatches, spray test cards and/or spray test panels will be used at Your cost to finalise the paint selection for approval. Where more than one colour is to be applied, a photoshop colour map will be provided to You at their cost, to be approved. Once colour, and a colour-map if applicable, is approved and painting begins, the selection cannot be changed. If a change is requested after approval of the colour or colour map, the paint selection process must start from the beginning at the additional cost to You.

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11.3. Once paint colour is ordered for Your vehicle, the full amount of pre-mixed paint will be charged to Your account upon mixing of the paint. Any paint additives will be added as the paint process progresses and these will be itemised on Your invoices. Clients can request We store any excess paint for future work, or take this paint away with them upon project completion.

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Consumer Guarantees Act

12.1. Our workshop will honour Our obligations under the Consumer Guarantees Act in respect of all

the work carried out. If You are acquiring works for the purposes of a trade or business, You acknowledge that the provisions of the Consumer Guarantees Act do not apply.

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Project Approval Process
13.1. Upon completion of the agreed work on Your vehicle, Vintique Moto will arrange a time for Us to

meet with You for a Final Inspection Meeting to review the vehicle and confirm work has been completed to Your satisfaction. Any matter(s) raised in the Final Inspection Meeting that require(s) additional attention will be

1. 13.1.1.  agreed on in writing using numbered photographs and descriptions as reference; and

2. 13.1.2.  agreed by both Vintique Moto and The Client; and

3. 13.1.3.  addressed before the vehicle leaves the workshop.

13.2. We will only address items which We have worked on as part of the project and all work We have done which is not identified and documented at the Final Inspection Meeting as needing additional attention is deemed to be accepted by You. Once these agreed items noted at the

11.

12.

13.

Final Inspection Meeting have been addressed, You will review them again, for final sign off. You acknowledge that by giving the final sign off and taking the vehicle away from the workshop that You are satisfied with the work completed by Us.

Workmanship Guarantees

14.1.

Our Bodywork guarantee

14.1.1. Our Bodywork guarantee applies to areas that We have worked on, e.g. exposed, repaired, treated and/or protected the metal substrate of, and that the vehicle has been coated with a rust preventative product by Vintique Moto

14.1.2. We guarantee all the work We do to these pieces for a period of 25 years if the vehicle is returned to Us in the period between 12 months and 18 months after it was uplifted for a free 30 minute quality assessment on all the areas of body work carried out by Vintique Moto. If the vehicle is not returned to Us during this window for assessment the guarantee is for a period of 2 years from the date of uplift.

14.1.3. Should You suspect there may be a corrosion issue, You must advise Vintique Moto in writing immediately (time being of the essence).

14.1.4. Should any suspected corrosion not be notified to Us as soon as it was reasonably discoverable then the guarantee coverage will be reduced by the proportion (determined in the sole opinion of Vintique Moto) that the delay in notifying Us contributed to the damage.

14.1.5. Issues can be caused by environmental factors such as climatic conditions and where and how Your vehicle is usually stored and/or used. A certain level of vehicle maintenance is required by the owner as outlined in 14.4.6.

Our Parts Guarantee:

14.2.

14.3.

14.4.

14.2.3. Fit for purpose second hand parts are not covered by Our guarantee, nor any parts supplied to Us by You.

Our Mechanical Guarantee:

14.3.1. Is for the work undertaken mechanically on Your vehicle and is valid for 12 months from the date of final vehicle collection / delivery. Excluding fluids and consumables.

Our guarantees are subject to the conditions set out below;
14.4.1. Vintique Moto guarantees that if any defect in any workmanship of Vintique Moto,

or parts fitted, becomes apparent and is reported to Vintique Moto within the

14.2.1.

14.2.2.

Covers body and mechanical parts for which Vintique Moto will match the warranty provided by the manufacturer and/or supplier of the parts on the basis that the

Parts are new; and
a) have been purchased through Vintique Moto; and

b) that are fitted to the vehicle by Vintique Moto.

We will not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer and/or supplier of the Parts, unless specifically stated otherwise in writing by Us.

Guarantee timeframes specified above, then We will either (at Vintique Moto’s sole

discretion) replace or remedy the issue.

1. 14.4.2.  Apply only to the owner of the vehicle at the time it was worked and is

   non-transferable;

2. 14.4.3.  Apply only where all the invoices on the project are paid in full and on time;

3. 14.4.4.  Are offered on a “back-to-base” service, which means that The Client will cover the

   cost of transporting the vehicle to and from Our workshop;

4. 14.4.5.  Any guarantee repairs/remediation assume the date of the original guarantee;

14.4.6. Applies only to the completion a) b)

c) d)

e)

vehicles which have undertaken regular maintenance and care since of the project and not by

failure on the part of The Client to provide proper maintenance; or failure on the part of The Client to follow any instructions or guidelines provided by Vintique Moto; or
any use other than for any application specified; or

any use in competitive motor sport and/or for off-road use/ unless discussed prior with Vintique Moto; or
the continued use after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

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1. 14.4.7.  Guarantee repairs/remediation exclude fluids, belts, gaskets, or other consumables

   (unless expressly covered by supplier warranty).

2. 14.4.8.  Guarantee repairs/remediation generally have a no questions asked policy, however,

   for those vehicles that We identify that may have not undertaken regular maintenance or care on their vehicles, further investigation will be required and either part or full payment for remedial work not covered by any guarantee will be requested.

1. 14.5.  The guarantee will cease and Vintique Moto will thereafter in no circumstances be liable under the terms of Our guarantee if the workmanship is repaired, altered or overhauled without Vintique Moto’s consent.

2. 14.6.  In respect of all claims We will not be liable to compensate You for any delay in either replacing or remedying the workmanship or in properly assessing Your claim.

3. 14.7.  Any written guarantee in addition to the above that We provide to You will also form part of these terms and conditions of trade.

4. 14.8.  Guarantee work will be prioritised in the workshop following a visual inspection of the vehicle by Us and as capacity within the workshop allows.

5. 14.9.  We have no liability for any loss or damage arising as a result of delayed remediation due to availability in the workshop.

 

Environmental Stewardship
15.1. We are committed to continual improvements regarding environmental stewardship. We will

dispose of any fluids in an environmentally responsible way. The costs for this are not insignificant and the cost of this disposal will be passed on to the client in a transparent way during Our regular invoicing cycles.

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Sourced Parts
16.1. Vintique Moto is not liable for the condition of, or work that may be required to remediate, any

parts that are purchased by The Client or Vintique Moto under direct instruction of The Client, used or reconditioned parts for Your project.

fair wear and tear, any accident or act of God.

16.

16.2. Any parts order for clients with an amount over $250 plus GST procured by Vintique Moto will be required to be pre-paid for. We request confirmation of payment be sent to Us via email to ensure prompt processing of parts orders.

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16.3. All parts procured from overseas will require payment in full before the order can be placed. Approval will be sought in principle and an invoice issued to You. Any foreign exchange fees, freight, changes to costs since approval and invoice payments, customs fees and duties will be charged in subsequent invoices.

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16.4. You agree that ownership of any parts supplied by Us will not pass, until (1) You have paid all amounts owing to Us in full in cleared funds; and (2) You have met all other obligations You have to Us.

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Payment Terms

1. 17.1.  Vintique Moto operates an electronic weekly invoicing system. All work completed within the

   previous week that is more than a combined total of $500 AUD plus GST will be detailed in each invoice, including the hours worked on each task, consumables and additional expenses. This is to ensure You have a detailed breakdown of labour and expenses.

2. 17.2.  As in any business We expect to be paid and We request that all invoices be paid in full within three calendar days of the date issued. In an effort to reduce outstanding invoices, if You anticipate any challenges with Your personal cash flow or paying invoices within the time allowed, please let Us know as soon as possible. We may be able to come to some arrangement, but We can only help if You ask.

3. 17.3.  Invoices for parts are all required to be paid in full on the invoice due date. Failure to pay these invoices will result in any planned and existing work halting, until all of these invoices are paid in full.

4. 17.4.  If payment has not been made on or before the due date, Vintique Moto retains the right to; 17.4.1. stop all work on Your project until the outstanding invoices have been cleared; 17.4.2. move the vehicle into storage at the standard workshop storage rate as per section

   18.5 from the due date of the invoice;
   17.4.3. invoice for You the full costs of any debt collection (including legal fees on a solicitor-

   client basis) which You are liable for.

5. 17.5.  Any invoices overdue by more than 14 calendar days will incur a late payment interest fee on all amounts outstanding at a rate of 12% per annum (compounding monthly) from the due date to the date of payment in full (including after judgment).

6. 17.6.  Invoice reminders will be sent from Our billing system and a monthly statement issued at the beginning of each month for any overdue invoices to Your account.

7. ​

Vehicle Storage
18.1. All vehicles stored with Us will be required to pay monthly in advance for the services required.

18.2. Upon termination of any vehicle storage services, all outstanding invoices up to the date of the collection must be paid in full before the vehicle can be released.

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18.3. We request You to maintain comprehensive insurance cover on the vehicles whilst it is with Us for work or storage.

18.4. If you require Us to pause work on your project for any reason for more than 30 days, We may require you to move into our workshop or long term storage arrangement as per fees in section 18.5.

18.5. Workshop storage fees at the time of this issuance are $250+GST per month.

Lien
19.1. Where You have left any item with Us (for Us to perform services in relation to that item (including

storage) or otherwise) and You have not paid Us in full for any amount You owe to Us, until full payment is received by Vintique Moto, You grant Us a lien on the item and the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

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19.2. Our lien will continue despite the commencement of proceedings, or judgment for any monies owing to Us is obtained against You.

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Damages or Breakages
21.1. Vintique Moto is not liable for the damage or breakage of any parts that may be required to be

disassembled or reassembled on Your vehicles due to age and existing wear and tear.
21.2. We do accept damage or breakage to any parts due to poor care or accidental damage while

these parts are in Our care.

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Limitation of Liability
22.1. You agree that Our maximum liability to You is limited to the total amount You have paid to

Us for labour across all invoices that You have paid in full and on time during Your project.

Work location
23.1. All work discussed with The Client will be carried out at Our workshop, unless otherwise indicated

or discussed.
23.2. All outsourced labour tasks as indicated within the estimates, that can be conducted onsite, will

be conducted onsite within Our premises.

Work upon ‘hold’ or after cancellation
24.1. In some circumstances, where You have ended, or paused Your contract with Us, We will be

required to complete work following this notification - to preserve the work We have completed to date. We may also need to prepare Your vehicle to be collected (e.g. priming bare metal areas and packaging parts for uplift). We will invoice this work immediately upon completion and it must be paid in full along with all other outstanding amounts before Your vehicle can be collected, or moved to storage.

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Privacy
25.1. You have the right to request a copy of the information We hold about You. We have the right to

charge a reasonable fee for the provision of that information. You also have the right to request

that We correct any incorrect information that We hold about You. 25.2. You consent to Us or Our agent:

25.2.1. accessing, collecting, retaining, and using, any information about You;

24.

(a) (including any information held by relevant government agencies) for the purpose of assessing Your creditworthiness; or

(b) for the purpose of marketing products and services to You.

25.2.2. disclosing the information We hold about You, whether collected by Us directly or obtained from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default in payment.

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General

1. 26.1.  The failure by Us to enforce any provision of these terms and conditions will not be treated as

   a waiver of that provision, nor will it affect Our right to subsequently enforce that provision.

2. 26.2.  If any provision of these terms and conditions should be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not be affected,

   prejudiced or impaired.

3. 26.3.  These terms and conditions and any contract to which they apply will be governed by the laws of

   Australia.

4. 26.4.  We have no liability whatsoever to You for any indirect and/or consequential loss and/or expense

25.

1. 26.6.  We may amend these terms and conditions from time to time. Amendments which We make to these terms and conditions take effect from acceptance of the initial estimate and/or offering or any updated variation(s) that may be sent from time to time

2. 26.7.  A current version of these terms and conditions is available on Our website.

26.8. Specific changes to these terms and conditions requested by You will only be effective if those amendments are in writing and signed by both You and Us. To the extent that there is any inconsistency these terms and conditions will prevail over any other document or agreement

between Us.
26.9. Neither party will be liable for any default loss or damage arising due to any act of God, war,

terrorism, strike, lock-out, industrial action, fire, flood, storm, pandemic or other events beyond the reasonable control of either party.

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26.5.

(including loss of profit) suffered by You arising Out of a breach of these terms and conditions. We may license or sub-contract all or any part of its rights and obligations without Your consent.

27.1.

The Client acknowledges and agrees that by agreeing to these terms and conditions either;

1. a)  upon Our receipt of Your acceptance to the V1 estimate and/or offering via

   email; and/or

2. b)  upon Your agreement to any updated variation(s) that may be sent from

   time to time; and/or

3. c)  upon the vehicle, parts or item delivery to Vintique Moto for the purposes

   of Us undertaking Work;

that these terms and conditions constitute a security agreement for the purposes of the PPSA;

and
27.1.1. a security interest is given in the vehicle to secure payment of all amounts payable to Us.

27.2.

You unconditionally agree to:

1. 27.2.1.  sign any further documents and/or provide any further information (such information

   to be complete, accurate and up-to-date in all respects) which We may require to register a financing statement or financing change statement on the
   Personal Property Securities Register; and

2. 27.2.2.  indemnify, and upon demand reimburse, Vintique Moto for all expenses (including legal fees on a solicitor-client basis) incurred in registering a financing statement or financing change statement or releasing a financing statement on the Personal Property Securities Register; and(3) not register a financing change statement or a change demand without Our prior written consent.

You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to these terms and conditions.
You agree to waive Your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

Unless agreed in writing You waive Your right to receive a verification statement in accordance with section 148 of the PPSA.