Terms Of Service

Definitions

The following rules of interpretation apply unless the context requires otherwise:

• Headings are for convenience only and do not affect interpretation.
• The singular includes the plural and vice versa.
• A reference to a person includes a body corporate, an unincorporated body, or other entity.
• Where examples of a thing or set of things are given by reference to the word “including,” the meaning of references to the thing or set of things is not limited by the examples.

Parties

1. These Terms of Service form part of the contract ("Agreement") between CTO Industries Pty Ltd (ABN 41 632 800 630) (in this Agreement, “CTO Industries,” "we," "us," or “our”) and the customer (in this Agreement, "you" or “your”) that is established when you accept the quote issued to you and pay our initial invoice.
2. You acknowledge that these Terms of Service embody the complete Agreement between you and us.

Goods & Services

1. By signing this Agreement, you authorize CTO Industries to provide the Goods & Services and any additional services (Additional Goods & Services) per the terms of this Agreement and you agree to pay CTO Industries’ rates and prices for all labour, spare parts, and materials.
2. Any Additional Goods & Services will be treated as part of the Goods & Services for this Agreement.
3. CTO Industries is not liable for any loss or damage to your vehicle, its accessories or contents, or your vehicle components, while your vehicle or vehicle components are on CTO Industries’ premises or your vehicle is being driven for the purpose of providing or checking the Goods & Services, unless such loss or damage is a direct result of the negligence of CTO Industries.
4. CTO Industries is not liable for any delay in providing the Goods & Services if such delay or failure results from events or circumstances outside CTO Industries’ reasonable control.
5. CTO Industries reserves the right to provide you with a quote for Additional Services if your vehicle is not in the condition stated by you and this results in additional labour hours for the delivery of the Goods and Services.

Price and Payment

1. CTO Industries will issue a quote for the cost of the Goods & Services before any of the Goods & Services are provided. The quote will be discussed with you and approved by you before work commences on your vehicle or vehicle components.
2. Quotes remain valid for 7 days after the date CTO Industries provides them to you.
3. If providing any Additional Goods & Services exceeds the quote by more the (3) three hours labour, CTO Industries will first contact you to explain the Additional Goods & Services required and seek your authorization for the additional costs incurred.
4. Work on your vehicle will not commence until the deposit amount (50% of the total invoice) is paid in full.
5. Once the Goods & Services are completed, CTO Industries will issue a final tax invoice describing the Goods & Services provided and the price payable.
6. You must pay for the Goods & Services in full on the day they are completed or prior and before you collect your vehicle or vehicle components.
7. You can pay by cash, direct bank transfer, credit card online, or EFTPOS. Payments made online by Visa or MasterCard credit cards will incur a surcharge of 1.8%.

Refunds

Our refund policy is as follows:

     1. We can only refund your Parts Invoice if we can re-sell your parts minus an      administrative fee and any associated freight charges or a 20% restocking fee. Unless   the given ETA on supply has lapsed by more than (60) Sixty Days.

     2. Refunds will not be issued for labour invoices.

     3. If you cancel your order for Goods and Services once your vehicle build is                       underway, all outstanding charges will be due and payable immediately and         before your vehicle is returned to you.

     4. No refunds will be given for non-stocked, custom, or modified parts.

Child Safety Seats

1. CTO Industries will neither remove nor reinstall child safety seats.

No Liability for Personal Items Left in Vehicle

1. CTO Industries is not liable for the loss or damage of personal items you leave in your vehicle.

Warranties

1. All CTO Industries services are covered under a Back to Base Warranty.
2. You must cover the cost of returning the vehicle or vehicle components to CTO Industries’ premises for all warranty work.
3. Warranty will not apply if you have been advised that a modification you requested may have a negative impact on the vehicle’s performance and you choose to proceed with these modifications.
4. Our Goods & Services come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to have the goods repaired or replaced if the goods and/or services fail to be of acceptable quality and the failure does not amount to a major failure.

Additional Warranties

1. The warranties below are provided in addition to your rights under the Australian Consumer Law. Warranty Periods Workmanship: Warranty for workmanship is 50,000 kms or 60 months. New parts: Manufacturer’s warranty. Manufacturer’s warranty will not apply:
2. a. To normal wear and tear;
3.  b. Where goods come to the end of their natural service life;
4. c. To maintenance items such as globes, wiper blades, lubricants, and fluids; or
5. d. Where the defect is a result of:

• Work performed elsewhere;
• Parts supplied by the customer;
• Alteration, accident, misuse, abuse, or neglect;
• Unsafe or inappropriate driving practices;
• Use of the vehicle in a competition or event;
• Where the goods are subsequently removed, repaired, or modified by an unauthorized service agent;
• Irregular servicing of your vehicle or its components; and/or
• Ignoring warning indicators.

Manufacturer’s Warranty

1. Some vehicle manufacturers provide extended warranties that may be negatively impacted or made void if CTO Industries provides the Goods & Services for your vehicle or to your vehicle components. You must ensure that the Goods & Services provided, or any part of the Goods & Services, will not affect or void the extended manufacturer’s warranty.

Goods Not Accepted for Return

1. The following goods are not accepted for return: a. If goods have been fitted, used in any way, or no longer in a sellable condition; and b. Have been specially procured.

Liability

1. To the maximum extent permitted by law, CTO Industries’ liability for breach of any implied or imposed guarantee, warranty, or condition which cannot be excluded is restricted, at CTO Industries’ option, to: In the case of the Goods & Services supplied or offered by CTO Industries, either: a. The re-supply of those services; or b. The payment of the cost of having those services re-supplied. In the case of goods supplied or offered by CTO Industries, either: a. The replacement of the goods or the supply of equivalent goods; b. The repair of the goods; c. The payment of the cost of having the goods replaced; or d. The payment of the cost of having the goods repaired.

Lien and Uncollected Vehicles

1. As long as you owe CTO Industries money under this Agreement, CTO Industries has a lien over your vehicle, its accessories, contents, and components in the possession of CTO Industries.
2. If CTO Industries exercises a lien over your vehicle or if you do not collect the vehicle within 7 days from the time it is ready for collection, CTO Industries may charge a reasonable daily vehicle storage fee of $75.
3. If you have not discharged the lien or you have not collected your vehicle within 1 month of CTO Industries sending you notification that your vehicle is ready for collection, and CTO Industries has not been able to contact you despite using reasonable efforts, CTO Industries may sell or otherwise dispose of your vehicle components by any reasonable method and at your expense without further notice to you.
4. The proceeds of any sale or disposal of your vehicle components under clause 34 will be applied by CTO Industries to the payment of any money that you owe to CTO Industries. If the proceeds of the sale or disposal of your vehicle or vehicle components are: a. Not greater than the amount you owe to CTO Industries, the deficit will still be a debt owed by you to CTO Industries; or b. Greater than the amount you owe to CTO Industries, the excess (less any costs incurred by CTO Industries relating to the sale or disposal) will be remitted to you or if CTO Industries is unable to remit the excess to you, the excess will be held by CTO Industries for 3 months from the date of sale or disposal after which the excess will be forfeited to CTO Industries.
5. CTO Industries will not be liable for any loss or damage you suffer as a result of CTO Industries selling or otherwise disposing of your vehicle or vehicle components under clause 34, including any loss of any accessories or contents of the vehicle.

Privacy

1. CTO Industries collects and manages all of your personal information in accordance with CTO Industries’ Privacy Policy.

CCTV

1. You acknowledge that CTO Industries has installed CCTV cameras at various locations in and around our business premises. You agree to being video recorded as you enter, do business, and leave our business premises. This includes video footage of your vehicle, yourself, and any passengers. This video footage may be used to assess the condition of the vehicle upon presentation to CTO Industries.

Notices

1. A notice, approval, consent, or other communication in connection with this Agreement must be in writing sent to the address of the receiving party appearing in this Agreement or such other address as may be communicated by the receiving party, marked for the attention of any person nominated for that purpose by the receiving party (and who in the absence of any such nomination is the signatory to this Agreement on behalf of the party), and may be sent by prepaid post (air mail if international), courier, or electronic mail. A notice, approval, consent, or other communication is taken to have been received:

• Two Business Days after sending if sent by post;
• If sent by courier, at the time indicated by the records of the courier; and
• If sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was read by the recipient.

Jurisdiction

1. This Agreement is governed by the laws of Victoria and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If part or all of any of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement. This Agreement can only be amended, supplemented, or waived in writing signed by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this Agreement.

ACKNOWLEDGEMENT

By accepting your quote, you state that you have read and understood the terms and conditions in this Agreement.