Terms and Conditions

Welcome to Toni's Smash Repairs. These Terms and Conditions govern your use of our services and website. By engaging our services or using our website, you agree to be bound by these terms.

1. Definitions

In these Terms and Conditions:

• "We", "Us", "Our" refers to Toni's Smash Repairs, ABN [Your ABN], operating at 45 Balaclava Street, Woolloongabba, QLD 4102
• "You", "Your", "Customer" refers to the person or entity engaging our services
• "Services" refers to all smash repair, panel beating, spray painting, dent removal, and related automotive repair services we provide
• "Vehicle" refers to the motor vehicle requiring repair services
• "Quote" refers to our written estimate for repair work
• "Insurance Company" refers to the customer's motor vehicle insurance provider
• "Work" refers to all repairs, parts, labor, and services provided

2. Acceptance of Terms

2.1 Agreement

By engaging our services, booking an appointment, requesting a quote, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

2.2 Authority

You warrant that you have the authority to enter into this agreement and authorize repairs on the vehicle. If you are not the registered owner, you confirm you have obtained necessary permissions from the owner.

2.3 Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Updated terms will be posted on our website with the revision date. Your continued use of our services constitutes acceptance of any changes.

3. Services and Quotes

3.1 Scope of Services

We provide the following services:

• Collision damage repair (smash repair)
• Panel beating and panel replacement
• Spray painting and color matching
• Dent removal (traditional and paintless)
• Chassis and structural realignment
• Insurance claims management and assistance
• Pre-purchase vehicle inspections
• Cosmetic repairs and restoration

3.2 Quotes and Estimates

All quotes are estimates based on visible damage at the time of assessment. Quotes are valid for 30 days unless otherwise stated. We reserve the right to:

• Revise quotes if hidden damage is discovered during disassembly
• Adjust prices if parts costs change significantly
• Modify timelines if unforeseen issues arise
• Request additional authorization for work beyond the original scope

3.3 Additional Work

If additional damage or required repairs are discovered during the repair process, we will:

• Immediately notify you or your insurance company
• Provide a supplementary quote for additional work
• Obtain written authorization before proceeding
• Not perform unauthorized work except in emergency safety situations

4. Payment Terms

4.1 Pricing

All prices quoted are in Australian Dollars (AUD) and include GST unless otherwise stated. Payment is due upon completion of work unless alternative arrangements have been agreed in writing.

4.2 Payment Methods

We accept the following payment methods:

• Cash
• Credit and debit cards (Visa, Mastercard, American Express)
• Bank transfer (EFT)
• Insurance company direct billing (for approved claims)

4.3 Deposits

We may require a deposit before commencing work, typically:

• 50% deposit for private (non-insurance) work
• Full payment for parts ordered specifically for your vehicle
• Payment of insurance excess at time of drop-off (for insurance claims)

4.4 Insurance Claims

For insurance claims:

• We bill your insurance company directly for approved work
• You are responsible for paying your policy excess
• You remain ultimately responsible for payment if your claim is denied
• Any work not covered by insurance is your responsibility
• We are not liable for delays caused by insurance company processes

4.5 Late Payment

If payment is not received when due:

• We reserve the right to charge interest at 10% per annum on overdue amounts
• We may exercise a lien over your vehicle until payment is received
• You will be responsible for all collection costs incurred
• We may engage debt collection services

5. Vehicle Possession and Lien Rights

5.1 Possession of Vehicle

When you leave your vehicle with us:

• We take possession for the purpose of performing agreed repairs
• You authorize us to test drive the vehicle as necessary
• You authorize us to move the vehicle within our premises
• The vehicle remains your property subject to our lien rights

5.2 Lien Rights

We have a possessory lien over your vehicle for:

• All unpaid repair costs
• Storage fees if applicable
• Any other amounts owed to us

We may retain possession of your vehicle until all amounts are paid in full. If payment is not received within 90 days, we may exercise our rights under relevant Queensland legislation to sell the vehicle to recover costs.

5.3 Storage

We provide reasonable storage for your vehicle during repairs at no additional charge. However, if the vehicle remains on our premises for more than 30 days after completion due to non-payment or failure to collect, we may charge storage fees of $50 per day.

6. Parts and Materials

6.1 Parts Selection

Unless you specify otherwise in writing:

• We use genuine OEM (Original Equipment Manufacturer) parts for structural and safety-critical repairs
• We may use quality aftermarket parts for non-structural components
• We may use reconditioned or used parts if requested and available
• All parts meet Australian Design Rules (ADR) and safety standards

6.2 Parts Warranty

Parts are warranted according to the manufacturer's warranty terms:

• Genuine OEM parts: Manufacturer's warranty (typically 12 months - 3 years)
• Aftermarket parts: Supplier's warranty (typically 12 months)
• Used/reconditioned parts: As-is with no warranty unless specified

6.3 Parts Ordering

Once parts are ordered specifically for your vehicle:

• Orders cannot be cancelled without penalty
• You are responsible for payment of ordered parts
• Special order parts are non-refundable

7. Warranties and Guarantees

7.1 Workmanship Warranty

We provide a lifetime workmanship warranty on all structural repairs and a 12-month workmanship warranty on all other repairs, covering:

• Defects in our workmanship
• Paint quality and adhesion issues
• Alignment and fitting problems
• Structural integrity of repairs

7.2 Warranty Exclusions

Our warranty does NOT cover:

• Damage from subsequent accidents or impacts
• Normal wear and tear
• Damage from misuse, abuse, or neglect
• Modifications made after our repairs
• Rust or corrosion (unless directly caused by our work)
• Repairs performed by third parties
• Damage from failure to follow our maintenance recommendations
• Stone chips, scratches, or minor cosmetic issues in normal use

7.3 Warranty Claims

To make a warranty claim:

• Contact us as soon as you notice the issue
• Return the vehicle to our facility for inspection
• Provide proof of payment and original repair documentation
• Allow us reasonable opportunity to inspect and rectify the issue

7.4 Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

8. Timeframes and Delays

8.1 Estimated Completion

All completion timeframes are estimates only. Actual completion may be affected by:

• Parts availability and delivery delays
• Discovery of additional damage requiring authorization
• Insurance company assessment and authorization delays
• Weather conditions affecting paint work
• Unforeseen mechanical or structural issues
• Workload and scheduling constraints

8.2 Delays

We will notify you of significant delays as soon as practicable. We are not liable for any loss, damage, or inconvenience caused by delays in completing repairs.

8.3 Courtesy Vehicles

If we provide a courtesy vehicle:

• Separate terms and conditions apply
• You must hold a valid driver's license
• You are responsible for fuel and traffic fines
• You must return the vehicle in the same condition
• Additional fees may apply for late return or damage

9. Liability and Limitations

9.1 Our Liability

To the maximum extent permitted by law, our liability is limited to:

• Re-performing the services
• Refunding the amount paid for defective services
• The lesser of the cost of replacement or repair of goods

9.2 Exclusions

We are not liable for:

• Pre-existing damage or defects not disclosed to us
• Hidden damage not discoverable upon reasonable inspection
• Loss of use of vehicle during repairs
• Consequential losses, loss of profits, or business interruption
• Personal injury unless caused by our negligence
• Damage to contents left in the vehicle
• Theft or damage by third parties

9.3 Vehicle Contents

We strongly recommend removing all personal items from your vehicle. We are not responsible for:

• Loss or theft of personal property left in vehicles
• Damage to items left in the vehicle during repairs
• Valuables, electronic devices, or important documents

9.4 Insurance

Your vehicle insurance remains in effect while in our possession. You should maintain comprehensive insurance coverage. We maintain public liability insurance and professional indemnity insurance as required by law.

10. Customer Responsibilities

10.1 Information Provision

You must:

• Provide accurate contact and vehicle information
• Disclose all known damage and defects
• Provide valid insurance details if applicable
• Inform us of any modifications or previous repairs
• Notify us of any special requirements or concerns

10.2 Vehicle Collection

Upon completion, you must:

• Collect your vehicle within 7 days of notification
• Inspect the repairs before leaving our premises
• Notify us immediately of any concerns
• Provide valid photo identification at collection
• Make full payment before taking possession

10.3 Abandoned Vehicles

Vehicles not collected within 90 days of completion may be treated as abandoned and disposed of according to Queensland law after appropriate notices are provided.

11. Cancellation and Refunds

11.1 Cancellation by Customer

You may cancel work before it commences by providing written notice. Cancellation fees may apply:

• Administrative fee: $150
• Cost of any parts already ordered
• Assessment and quoting time if significant

11.2 Cancellation After Commencement

Once work has commenced, you remain liable for:

• All work completed to date
• All parts ordered or installed
• Reasonable costs for stopping work mid-process

11.3 Refunds

Refunds are provided at our discretion and typically only for:

• Work not performed as agreed
• Payments made in error
• Services we cannot provide as originally scoped

12. Privacy and Data Protection

We collect and use your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using our services, you consent to:

• Collection of personal and vehicle information
• Use of information for service delivery and business operations
• Disclosure to insurance companies, parts suppliers, and service providers
• Storage of information for legal and warranty purposes

Please review our full Privacy Policy for details on how we handle your information.

13. Intellectual Property

13.1 Website Content

All content on our website, including text, images, logos, graphics, and software, is our property or licensed to us and protected by copyright and trademark laws.

13.2 Use Restrictions

You may not:

• Reproduce, distribute, or modify our content without permission
• Use our trademarks or branding without authorization
• Scrape, data mine, or systematically extract website content
• Reverse engineer or copy our business methods

14. Complaints and Dispute Resolution

14.1 Complaints Process

If you have a complaint:

1. Contact us immediately to discuss the issue
2. Provide details of the complaint in writing
3. Allow us reasonable opportunity to inspect and resolve the issue
4. Cooperate with our investigation and resolution attempts

14.2 Dispute Resolution

If we cannot resolve a dispute directly:

• We agree to participate in mediation through an accredited mediator
• Costs of mediation will be shared equally
• Either party may commence legal proceedings after mediation fails

14.3 Industry Bodies

You may also contact:

• Motor Trades Association of Queensland (MTAQ)
• Queensland Office of Fair Trading
• Australian Financial Complaints Authority (for insurance disputes)

15. General Provisions

15.1 Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of Queensland courts.

15.2 Severability

If any provision is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full effect.

15.3 Entire Agreement

These Terms and Conditions, together with any written quotes, work orders, and our Privacy Policy, constitute the entire agreement between us regarding our services.

15.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign or transfer your rights or obligations under these terms without our written consent. We may assign our rights to any successor business entity.

15.6 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, wars, pandemics, or government actions.

16. Contact Information

For questions about these Terms and Conditions, or to address any concerns, please contact us: