Terms & Conditions
1. GENERAL
These terms and conditions is part of the contract (agreement) between Nano Automotive Pty Ltd ABN 64 662 396 269 trading as Nano Automotive (Nano) and the Customer that is created when:
- Customer signs a Service Authorisation form issued by Nano that describing services that Nano will perform on customer’s vehicle; or
- under our contactless service system, Customer places vehicle key in the provided container or leaves the key in Customer’s vehicle and by doing so Customer also authorises Nano to perform the agreed services (or amended services) on Customer’s vehicle (also a Service Authorisation in the alternative); or
- when Nano agrees to sell products to a Customer, or when a Customer books and/or pays for products or services provided by Nano via our website www.nanoautomotive.com.au.
Customer acknowledges that these terms and conditions and the Service Authorisation embody the whole agreement between Customer and Nano. Customer agrees that the scope and terms of the Service Authorisation (including prices and quotes) may change as a result of updated instructions from Customer. By offering to buy products and/or services from Nano and/or by providing a Service Authorisation Customer agrees to be bound by this agreement.
A reference to products in this agreement includes all parts or products fitted as part of services Nano provides to a Customer, unless the context requires otherwise. Nano is unable to provide repairs or services using parts provided by Customer. In the circumstances when Nano provides to a customer service or repair using parts provided by Customer, Nano is not liable for the service or repair provided and does not provide any warranty.
2. PRICING
All prices and quotes provided by Nano include GST unless stated otherwise. A quote or price is only binding on Nano upon Service Authorisation. The scope and pricing of the Service Authorisation may change as a result of updated instructions from a Customer.
3. PERFORMANCE & SERVICES
Nano agrees to perform the services as described in the Service Authorisation (or as amended as a result of updated instructions from Customer).
4. PAYMENT
Customer agrees to pay Nano in full for all services rendered and products supplied before removing Customer’s vehicle and/or the products (as applicable) from Nano’s premises, unless otherwise agreed. Customer further agree that payment of all amounts for work contemplated by the Service Authorisation (or as amended as a result of updated instructions from Customer), and (in the absence of manifest error) all amounts set out in the relevant document, become due upon completion of the work and must be paid by close of business on the day of completion of the work, unless Nano have agreed otherwise with the Customer.
To the extent allowed by law, in the event that Customer becomes bankrupt; have an administrator, controller, liquidator, receiver or receiver and manager appointed (external administrator); or any steps are taken, or proceedings commenced, to make Customer bankrupt or have an external administrator appointed, this agreement will terminate with immediate effect and any outstanding balances will become due and payable immediately.
5. RETURNS POLICY
Nano’s returns policy does not affect Customer’s rights under the Australian Consumer Law. This policy is provided in addition to Customer’s rights under the Australian Consumer Law.
Customer may return a product for a refund or exchange within 14 days with proof of purchase, unless that product is a discontinued part; not in resalable condition; a tyre or other product that has been fitted to a vehicle; and/ or not in its original packaging (with manuals and documentation).
Nano will not be liable for Customer’s freight or other costs in returning products (unless otherwise agreed or where Customer is entitled to such costs under the Australian Consumer Law).
6. CHANGES AND CANCELLATIONS
Nano provides advice on products based on a vehicle’s original manufacturer’s specifications. However, sometimes, there may be variations so Nano recommends Customers check their vehicle’s information.
If Customer orders products that are an incorrect size or specification, or the products are out of stock, or if Customer wishes to cancel a services booking for repairs or maintenance, Nano reserves rights to decide about arranging for the correct products to be fitted or services to be completed at the next convenient opportunity.
If Customer has already paid for a product or a services booking and wishes to cancel before the product is fitted or the services commenced; or if the products are out of stock; or if Nano is unable to fulfil Customer’s order or booking request, Nano can arrange for a refund. Under no circumstances will we be liable for any loss or damage suffered by you or any third party for any cancellation or any delay in fulfilling a product order or in completing services to Customer’s vehicle.
If Customer wishes to upgrade products or services which have already been booked and paid for, Nano will process the additional payment at the next Customer’s visit at the store.
7. REFUNDS
Refund payments will be processed once Customer completes any required Request for Refund document; and Customer’s transaction, identification and payment information have been verified; and the refund authorised by an appropriate manager.
All refunds, including partial refunds, due to variations in stock or charges or full refunds, may be processed by the Store Manager under certain circumstances. Refunds will be actioned within one business day and valid refunds should be returned to Customer within 3-5 business days. Refunds will be credited to the same payment method used in your initial transaction.
8. AUSTRALIA-WIDE GUARANTEE
Goods and services provided by Nano come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, Customer is entitled:
- to cancel service contract with Nano; and
- to a refund for the unused portion, or to compensation for its reduced value.
Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done Customer is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Where Customer brings the vehicle back to Nano, we will repair or exchange (where possible) the product or service if it becomes defective within the guarantee period. Nano will bear the reasonable costs incurred in claiming the guarantee. This warranty will not apply:
- to normal wear and tear;
- where goods come to the end of their natural service life;
- to maintenance items such as globes, wiper blades, lubricants and fluids;
- where the defect is a result of alteration, accident, misuse, abuse or neglect, or unsafe or inappropriate driving practices; or
- where the goods are subsequently repaired or modified by a service agent not authorised by Nano.
To make a claim under a guarantee, contact our store on office@nanoautomotice.com.au or +61 0422 272 565. Customer must return the item (so that Nano may take relevant action and present it to the manufacturer if necessary) and Nano will repair, exchange or resupply (at our discretion) the product or service provided the claim falls within the guarantee’s terms and conditions.
9. TITLE
Property in, and ownership of, the product (including as part of services rendered) does not pass from Nano to Customeruntil Customer have paid for the products or services in full. Where Nano have indicated that will accept payment by cheque or other negotiable instrument, title will pass to Customer upon all relevant funds being cleared. Products supplied by Nano will be at Customer’s sole risk immediately upon delivery to Customer or into a third party’s custody on Customer’s behalf (whichever occurs sooner).
10. LIEN
Customer acknowledges that Nano have a lien (under general law or equity) over all products in our possession belonging to Customer, including Customer’s vehicle and all goods in or attached to Customer’s vehicle (Lien), to secure payment of any or all amounts outstanding from time to time. Customer agrees that Nano may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by Customer and may retain Customer’s vehicle and/or any goods in Customer’s vehicle and serve notice on Customer requiring immediate payment of the amounts outstanding by Customer.
11. ABANDONMENT
Customer agrees that if any payments remain outstanding and Customer’s vehicle and/or goods have not been collected within one calendar month of Nano providing notice to Customer, and if Nano do not hear from Customer after making reasonable attempts to contact Customer, Nano may and will dispose of Customer’s vehicle and/or all goods in or attached to Customer’s vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles without further notice or liability to Customer.
12. NO LIABILITY
Nano will not be liable to a Customer or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by Nano, or out of any services performed by Nano, except to the extent that liability is imposed upon Nano or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement. Nano has no liability to Customer for any loss or consequential loss as a result of any delay in fulfilling a product order or in completing services to Customer’s vehicle. Nano has no authority to accept any goods for safe custody from Customer and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by Customer or alleged to have been left in Customer’s vehicle, however such loss or damage was caused.
13. AUTHORITY IN RESPECT OF THE VEHICLE
Customer authorises Nano to do every act, matter and thing that Nano considers desirable or necessary for us to provide a customer with the products and/or services under the Service Authorisation in respect of Customer’s vehicle, including (but not limited to) entering the vehicle and test driving Customer’s vehicle (including driving Customer’s vehicle to another location outside of the premises).
14. NO WAIVER
Any failure by Nano to enforce any provision of these Terms and Conditions of Sale and Provision of Service shall not be deemed to be a waiver of any of Nano’s rights and remedies under these terms and conditions.
15. INVALID TERMS
If any provision of these Terms is held invalid, unenforceable or illegal for any reason, that provision will be deleted and the remaining provisions of the Terms will remain in full force.
16. PRIVACY
Nano will comply with all applicable privacy legislation including the Privacy Act 1988.
Unless Customer indicate otherwise, Customer hereby consents to Nano using Customer’s personal information for the following purposes:
- Nano’s internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
- customer surveys and individual follow-up calls, letters or emails enquiring as to Customer’s satisfaction with products and services provided by Nano;
- reminders that Customer’s vehicle may be due for a service or that Customer’s registration may be due for renewal;
- advising Customer of information which may be relevant to a Customer, including store closures or openings; and
- advising of offers that Nano feels may be of interest to a Customer.
If, at any time, Customer wishes to withdraw his consent to any one or more of the above purposes, would like to access Customer’s personal information or have any other privacy concerns, please contact our Office on office@nanoautomotive.com.au or 0422 272 565.
Our Privacy Policy tells Customer more about how Nano usually use and disclose Customer’s personal information and how Customer can ask for access to it.
17. JURISDICTION
The proper law of the agreement between Customer and Nano is the law of the State of Western Australia and Customeragrees to submit to the exclusive jurisdiction of the courts of that State and the courts entitled to hear appeals from those courts.
Last updated: 18 December 2023
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