Terms and Conditions

WORKSHOP Terms & Conditions of Acceptance of Repair

1. No claim for adjustment will be entertained unless made within 5 days after the delivery of the vehicle.
2. This company does not assume in any way liability whatsoever, either for vehicles left with us for repairs, storage or other purposes, or while being driven by our employees.
3. Consumable charge covers cleaning rags, cleaning solvents etc.
4. Parts and materials supplied subject only to manufacturer’s warranty.
5. Due to storage constraints, old parts from repairs will be disposed of, unless we receive a request in writing to hold the old parts. Held parts will be kept for a maximum of 7 days. If the customer has not collected the parts after 7 days, they will be disposed of.
6. See below for warranty conditions.

SPARE PARTS Terms & Conditions of Sales of Spare Parts

1. Return of parts:-
   • a) Stock items – if returned within 14 days – full credit. 15 – 30 days – less 5% handling fee. 31 – 60 days – less 10% handling fee. After 60 days no returns will be accepted.
   • b) Special procurement – parts specially procured on customers request will not be accepted for credit.
   • c) Vendor surcharge will be deducted from credits where applicable. d) Freight must be prepaid. e) Goods will not be accepted for credit without invoice number.
   • f) All goods returned for credit must be in resalable condition, in original packaging.
   • g) Consumables such as oil, grease, filters etc will not be accepted for return.
2. Parts and materials supplied subject only to manufacturer’s warranty.
3. Parts quotations are valid for 30 days from date of quote.

PAYMENT TERMS

1. Approved account customers – nett 30 days.
2. Cash customer – cleared payment before delivery.

WORKSHOP WARRANTY

1. It is the Brown & Hurley Group Company policy to warrant certain repairs carried out by our workshops.
2. The warranty is conditional on the repair being to a degree as recommended by the workshop manager.
3. Where an owner or his representative elects to have a lesser or alternative repair to that recommended by our workshop manager, it would void any warranty.
4. Warranty applies only to the portion of a component repaired.
5. The standard form of warranty for a major component repair i.e. engine – gearbox – rear axle – front axle – steering box – suspension, is 3 months or 20,000km from the date of repair. Electrical components, i.e. alternator – starter motor – heater fan – air conditioner etc, is 30 days from the date of repair.
6. Warranty applies to labour and parts.
7. The warranty is conditional on the vehicle being used as the manufacturer requires for its new vehicle warranty to apply.
8. Any repairs carried out by an outside repairer must be authorised by the shop manager who carried out the initial repairs before the repairs are commenced.
9. EXCLUSION from warranty are:-
   • a) Cab and body rattles – light bulbs – radiators – hoses and fan belts – wheel alignment – springs – dust and water leaks, service adjustments etc,
   • b) Failure caused by a lack of lubricant or coolant,
   • c) Associated costs arising from a failure, such as towing, travelling, accommodation, overtime rates and loss of revenue are not covered in the warranty programme,
   • d) Subsequent damage that may be caused by failing to take proper precautions when a failure occurs is not covered by this warranty,
   • e) Warranty excludes driver abuse or accident damage, as determined by Brown and Hurley.

CONDITIONS OF SALE

1. The purchaser is to hold the goods as the supplier’s fiduciary agent and bailee.
2. Insofar as the purchaser is empowered to resell the goods, he resells as principal in relation to any sub purchaser, and has no right to commit the supplier to any contractual relationship or liability to any third party. As between the supplier and the purchaser, the purchaser is to sell as fiduciary agent.
3. Any resale by the purchaser is to be on commercially reasonable terms.
4. The purchaser is to keep the goods separate from his own and those of third parties, properly stored, protected and insured.
5. The purchaser is to keep all proceeds separate from his own and those of third parties, and is to keep all tangible proceeds properly stored, protected and insured.
6. The supplier is to have power to appropriate payments to such goods and accounts as the supplier thinks fit, notwithstanding any purported appropriation by the purchaser to the contrary.
7. Ownership of the goods which are the subject of this supply contract is to remain with the supplier until such time as the goods the subject of this supply contract, and all other goods supplied by the supplier to the purchaser, and all debts owing to the supplier are paid for in full. However, risk shall pass to the purchaser on the delivery of goods.
8. Until moneys due for all goods supplied, or any other services, are paid for in full, the supplier authorises the purchaser to sell goods on, but as fiduciary agent for the supplier. The purchaser shall however, not represent to any third parties that he is in any way acting for the supplier, and the supplier will not be bound by any contracts with third parties to which the purchaser is party.
9. The purchaser is entitled to a period of credit, but is required to account to the supplier for the price of the goods once the goods are sold-on, and the proceeds of sale received.
10. The supplier is entitled to retake possession of any unpaid for goods in the event that the purchaser defaults or commits an act of bankruptcy, or a receiver is appointed, or the purchaser goes into liquidation, or official management, or some other form of insolvency administration whether formal or informal, or the purchaser ceases to carry on business, or the purchaser makes a scheme or compromise with his creditors, without prejudice to any other rights of the supplier.
11. The supplier has the right of resale of the goods in the event that he retakes possession of them.
12. The purchaser consents to allow the supplier reasonable access to his premises in order to inspect the goods at any time, or to retake possession of them in accordance with these conditions of sale.