This document sets out the terms and conditions you accept when you authorise motor vehicle repairs to be undertaken by Dunsborough Smash Repairs (DSR) 14 Congressional Drive Dunsborough 6281 (Referred to as WE, US or OUR). These Terms and Conditions also apply to Vehicles that are not being repaired and are stored on our premises with no authority. By authorising motor vehicle repairs to us you confirm to have read, understood and agree to these terms and conditions.  

 

All Estimates and repair work undertaken by us is covered by the Motor Vehicle Insurance and Repair Industry Code of Conduct (‘The Code’).  

 

We always keep all lines of communication open and welcome.  

 

Estimates 

Our estimates are based on section 6 of the Code, particularly on a Realistic Labour Value for any preferred estimation methodology: Including Funny Time (FTFM) New Time (NTAR) or Real Time-Real Money (RTRM). 

         (i)        are prepared in accordance with 6.2 (b) of The Code to align with our current listed rates (see schedule of fees and charges                                     within these terms and conditions) to align with any such preferred estimation methodology; and 

        (ii)        includes the parts numbers that matches your vehicle; and 

       (iii)        is based upon the information supplied to us by you or your representative acting on your behalf for the damage to                                                 the vehicle. 

 

Our Estimates will be based on E-MTA guidelines and times will align with our current listed rates within. Any Insurer or Assessor wanting to use any other Times Manuals or Allowances will be required to supply a Certified Copy of their Industry approved Manual before any adjustments will be accepted as per section 6 of The Code.​ Any adjustments or variations made prior to authorization from any insurer or assessor need to be notified to us, subject to sections 6.3, 7.4 and 7.5 of the code. 

 

Repairs 

Our estimates will be for the fair and reasonable cost to repair the vehicle back to its pre-accident (pre-loss) condition following either vehicle maker (OEM), or recognized industry training alliance partner's (I-Car Australia) and in accordance with section 1 of the code. (‘Principals of The Code’). 

 

We will not commence any work or estimate unless authorized to do so in writing.  

 

Where a verbal request for work has been made, we will advise you in writing, for your authorization to proceed with repairs. Your agreed acknowledgment via email or SMS is our authority to carry out repairs. 

 

When a vehicle requires dismantling to carry out further inspection to better estimate, we will request a signed email or letter of authority to do the dismantling and or any other reports to verify mechanical safety and operation. 

 

You agree to pay us the required amount for all work carried out, including storage fees, administration charges, estimate fees along with any other charges related and for any other repairs you have authorized us or advised us to do. 

 

Where we require authorisation for any extra works required from the original estimate, known as Additions, Supplements or Variations, they will form part of that estimate and require an authority to be in writing prior to the commencement of the additional work, unless these changes were removed from our originally estimate without consent from us, aligning with sections 6.3 and 7.4 of the code. 

 

You must provide us reasonable written notice if you wish to terminate or suspend repairs. Upon receiving written confirmation to terminate or suspend repairs we will immediately cease work. If you terminate or suspend repairs, you must pay us our fair and reasonable costs as determined by the schedule of fees and charges under these terms and conditions including to the extent of the repair work commenced and for any loss caused to us. 

 

You agree to compensate us for any diagnostic advice or information on the damage to the vehicle that does not relate to the damage to the vehicle based upon the information that you or your representative has provided which delays or terminates the repairs. Prior to removing the vehicle from our premises, you must notify us in advance and in writing. You will be liable for any towing, storage, administration and any other related costs associated with the vehicle. 

 

Repair Work 

Where delays are caused by any representative, we will endeavor to recover the fair and reasonable costs from them. Storage fees and administration charges where applicable may apply.  Schedule or Service Fees and Charges are located at the bottom of these Terms and Conditions.  

 

Technical Information 

All technical information procured/purchased by DSR is our Intellectual Property. Any person or business requiring a full or partial copy will be charged a fee per request or at our discretion. All technical information is covered by copyright and may not be used for any other purpose than verifying the repair procedure of the specific vehicle we are repairing. The responsibility for procuring Technical Information is not solely that of DSR. If we are unable to obtain specifications for a particular vehicle the Insurer and or Owner must take responsibility or come to mutual agreement on the Repair Procedure.  

 

Information Requests 

Subject to the Privacy Act personal information requests must have the authority of the owner or operator of any vehicle being repaired. A fee per request of information regarding key-to-key times, invoice copies and images may be applied to cover administration and office costs. 

 

Water Restrictions 

In times when water restrictions apply, DSR will take required measures to clean the vehicle to a satisfactory standard. Vehicles will be cleaned using a waterless wash technique to restore the vehicle to pre-repair condition. Any additional cleaning requirements will be handled and performed by an authorised detailing facility that has the ability to recycle all washing liquids. This cost will be incurred by either vehicle owner or insurance provider. 

 

Services 

We endeavor to ensure that all repairs are commenced and completed within a reasonable time.  Where there are any delays starting or finishing any repair work, we will provide reasonable notice where possible.  

 

Transport Requirements 

Where you require assistance with transport, all reasonable efforts will be made to accommodate your situation. Where we are required to transport your vehicle, it will only be for the authorised purpose of repairing your vehicle. 

 

Security – Your Motor Vehicle and Personal Property 

We will endeavour to keep your vehicle and its contents safe and secure at all times. Our premises are insured, in accordance with the applicable legislation. However, whilst we endeavour to take all care possible of your property, we do not accept any responsibility for any loss suffered. We advise to not leave any valuables or personal items in your vehicle whilst it is left onsite at DSR.  

 

Privacy – Personal Information 

Personal information collected will be kept strictly confidential and will not be passed on to any other party. Information will only be used to liaise between the customer and us in relation to the repairs being carried out. 

 

Outward Towing of Vehicles 

Access to vehicles is restricted due to our Duty of Care obligation. To access a vehicle, requests must be in writing or agreed by DSR management to clear other vehicles and make access safe. 

Our standard daily operational hours for vehicle removal are 8.00am to 4.30pm. (Subject to change).  

Any request to alter or nominate a different time must be practical, in writing and agreed to. Additional charges may apply. All outstanding fees/costs must be paid before removal, unless agreed to prior. 

Fees for assistance to load vehicles will be charged out at our agreed hourly rate. 

 

Child Seats and Restraints   

If these items must be removed from your vehicle, we cannot reinstall them for you. It is your responsibility to have them re-installed by a Qualified Installer. Please do not ask our staff to assist you in refitting these items.  Please refer to the Seat/Restraint Manufacturer Accident Guidelines for information on replacement after an accident. Your Insurer may cover the cost of installation and or replacement you can refer to their PDS or inquire with your Claims consultant. Please advise our estimating staff if a child seat and or restraint was occupied at the time of your accident.     

 

Commercial Information 

Individual supplier and specific parts information is subject to commercial in confidence agreements and confidentiality. All new OEM parts and other parts are subject to invoice with a percentage mark-up based on current industry practises.  

 

We agree to abide by the Principles of the Code that, “There should not be any interference with the commercial relationships between individual insurers and repairers, other than as provided in this Code and in accordance with the principles of the Code”. 

 

Where you require us to carry out an audit or to verify the parts used in the repair, you must provide a written request.  We will provide, copies of parts and/or sublet invoices. 

 

Customer Warranty Conditions 

All repair work undertaken by us is covered by section (7) of The Code, Repair Warranties (7.2) 

 

The workmanship warranty is for a period of three (3) years from the date of repair. 

Parts or paint to the extent that the manufacturer, distributor, supplier or importer of the parts or paint is so, liable under an express warranty or under the law. 

 

Lifetime Warranties may apply when there is a contract between us a Paint Supplier and or Manufacturer. 

 

If you should find any fault with the repair, paint work, parts or materials used by us in the repair of your vehicle please contact us immediately. Where the customer or their representative provides to us, in writing, of a quality issue with the workmanship used, parts or paint supplied, we may elect one of the following ways to resolve the issue; 

           (i)         repair the quality issue in the workmanship; 

          (ii)         replace the part or 

         (iii)         pay the cost to repair the quality issue. 

In all instances, we must be given the first opportunity to repair any quality related workmanship issues. This applies to each individual issue where applicable.  

 

Manufacturer Warranty 

The customer or representative acknowledges that the parts or paint used are not made by us and are subject to warranties supplied by other entities, including the manufacturer of the paint or part. 

Warranty Claims 

The customer or representative must supply us with written notice of any warranty issue within fourteen (14) days of identifying the issue.  

 

Limitations 

The warranty obligations set out in the customer warranty conditions are void where the customer or their representative does not give us the first opportunity to rectify any quality issues identified or recognized by us or by definition, recognized by an average person that would reasonably identify faulty workmanship. If the Customer or representative is: 

           (i)         In breach of any term of the Customer Warranty Conditions, or; 

          (ii)         Does any act which might materially prejudice our interests pursuant to this Agreement 

We may seek legal action to recover any such loss resulting from the customer's or its representative actions. The remedies set out above limits our liability unless they are in addition to any other remedies available under the law.  

 

Worker Health & Safety (Safe Work WA)/Privacy  

Access to vehicles maybe restricted due to Safe Work WA, Work Cover and general insurance requirements. 

Where you require access, all requests must be in writing prior to inspection and authority may be given on a case-by-case basis. You must co-operate with us to ensure our legal obligations are met.  

 

Environmental/Personal Protective Requirements 

All environmental and personal safety requirement that are governed by law, will be determined and charged to cover the costs associated with these mandatory safety and environmental practices, a nominal Environmental and Safety Compliance Fee is applied to each job. This fee ensures that we can continue to provide a safe working environment, adhere to legal requirements, and sustainably manage waste disposal and safety equipment. 

 

Payment 

Our standard payment guidelines are based upon completion of the repairs. Any deviation from this must be arranged prior to the commencement of repairs.  

Our terms of payment for companies with credit arrangement is thirty (30) days from the invoice of repairs. Terms of payment for private work and excess payments are due on vehicle pickup. 

Additional service fees, interest payments and administration charges will apply to late payments exceeding 30 days and will be notified by mail, Email or SMS. 

Upon completion of the repairs, you will pay us the agreed authorised quotation price, as well as any required procedures that are un-authorized or authorised additional/variation work.  

We may be authorised to collect your insurance excess and any contribution by you to your insurer as your agent. The amount collected will be offset by us against the amount payable to us for the repairs. 

Where there is a disputed excess, contribution or where we will not act as an agent for your Insurer, we will recover the full authorised agreed amount from your insurer. 

No amount may be set-off that you or your representative owes us against any amount which we may owe you or your representative that does not relate to this repair work. 

Credit card transactions may incur a flat or percentage fee as per other Industry Practices to recover rising bank fees.    

 

Until such payments are made, we will not release the vehicle from our yard. If the payments are not made, we reserve the right to charge storage fees. Please see Schedule of Fees and Charges for specific charges.  

 

Copyright  

All information, estimates and images remain the property of this company and may contain confidential information and form part of the intellectual property of DSR. Written authorisation must be given for any other purpose other than described below. 

All information must be kept confidential. Disclosure is authorised for invoicing purposes only to other necessary parties in relation to recovery actions against other entities, such as insurers, third parties, investigators, repairers or recovery agents or where disclaimer of this information is required by law. 

Specifically, our intellectual property must not be plagiarized by any persons for the purpose of creating their own estimates and or quotes or carrying out their own business 

 

Australian Consumer Law – Repair notices July 2011 

​

WARNING ADVICE FOR USER GENERTED DATA 

Please ensure that ALL USER GENERATED OR PERSONNEL INFORMATION stored on any vehicle device capable of storage, has been backed up or copied to avoid any loss of information due to vehicle repairs. 

Refurbished Goods or Parts: 

Goods presented for repair may be replaced by Refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Any refurbished good used by this Company will be identified on our estimates and described as one of the following (exchange, used, reconditioned) your acceptance of our Estimate will act as notification and authority to use them. Insurers must notify their customers if any Refurbished Goods are to be used in the repair process. 

 

Mandatory Reporting 

Individual suppliers are responsible for reporting incidents where consumer goods have been associated with a death or serious injury or illness of any person. Broadly there are two triggers to the reporting requirements for suppliers, both of which must be present before the supplier is required to report (see relevant Australian Consumer Law) 

 

Schedule of Fees and Charges  

Note – all fees are excluding GST. 

 

Storage Fees  

Fees will apply to cover rent, insurances, logistics and any loss of income from work bays and repair benches becoming unusable space. 

         (i)        Secure Outdoor: $50.00 per day yard storage will apply upon arrival of the vehicle for the first seven (7) days and increase to                                   $110.00 per day after this time has lapsed, unless otherwise agreed upon. The first 24 hours will incur no charge.  

        (ii)        Secure Indoor: $150.00 per day for the first seven (7) days and increase to $300.00 per day after this time has lapsed. The first 24                             hours will incur no charge. 

       (iii)        Frame Bench Storage:  $500 per day. The first 24 hours will incur no charge. If a vehicle has to be taken off a bench waiting for                               authority the time required will be charged out at the agreed hourly rate within the schedule of fees and charges. 

       (iv)        Parts Delays: No storage fees will be applied for the first 10 business days. After this time refer to storage fees listed above. 

 

Estimating Fees  

Fees will not be charged if repairs are carried out by DSR. Where we have been requested to supply an itemised estimate requiring detailed scope of works, parts pricing and imaging, a standard fee below will be applied. The below fees relate to all estimates including but not limited to Total Loss, Cash Settled and Unfair or Unrealistic competitive estimate requests, aligning with section 6 and its sub clauses of (The Code). If DSR has been requested to carry out any dismantle, measuring and any other related procedures, a cost will be applied at the hourly rate listed under our Labour Rates and Charges. 

         (i)        Estimates up to $4999.99 in value will be charged a fee of $200.00. 

        (ii)        Complex estimates $5000.00 and over in value will be charged a fee of $300.00 or 5% of the total estimate, whichever is of greater                           value. 

       (iii)        OEM access to technical information and repair procedures will be charged at the invoice costs associated to DSR via each                                   manufacturer access portal and the costs associated with researching technical information and repair procedures will be at our                           General Labour rate. 

       (iv)        Total Loss and Cash Settled claims will incur a flat rate of 5% of our estimate value. 

        (v)        Supplements for variations that are un-approved by us that alter our initial estimate and deviate away from section 4.1 (a) of the                           code will incur Supplement/Additional fees (refer below). 

       (vi)        Estimates are subject to change.  

 

Supplement/Additional 

After 24 hours from the submission date of the supplementary assessment, may also incur storage fees and administration charges. Variations and un-authorized amounts that have not been discussed and approved by us prior to works commencing and that we deem unfair and unreasonable will incur a flat $50.00 administration fee per each additional supplement submitted. 

 

Sublet – 3rd party Suppliers  

Any fees associated with sublet or 3rd party suppliers including but not limited to towing, mechanical, auto electrical, wheel alignment, tooling hire and ADAS calibration will incur a 10% mark up on invoice and may incur an administration or service fee for processing of payments and invoices. 

 

Labour Rates and Charges 

         (i)        General Labour Rate: $125.00 per hour or as per contracted agreed rate or less at our discretion.  

        (ii)        Complex Labour Rate: $150.00 per hour. i.e., prestige vehicles which include bench time and measuring equipment or as per                                 contracted agreed rate or less at our discretion. 

       (iii)        Structural Labour Rate: $185.00 per hour for complex structural, chassis alignment, chassis measuring, welded panels etc. 

       (iv)        Administration, additional services and technical information research will be charged at our General Labour rate of $125.00 per                           hour. 

        (v)        Rates are subject to change at any time and will usually incur an increase percentage rate in line with CPI, which may be held back                       for a period of up to three (3) years to allow for a one (1) lump sum increase. 

 

Miscellaneous Materials/Consumables 

All materials such as Paint, Proof Coates, Bonding materials, Adhesives, Texture Finishes, Weld Primers, PPE & Welding Consumables etc will be charged at the material cost plus labour time required to prepare, clean & apply that specific material. 

 

Late Payments: The undisputed amount for any repair invoiced must be paid within 30 days as outlined in the Code of Conduct. All overdue payments will incur a late fee of 10%. 

 

Please Note 

Disputed or outstanding invoice amounts may be directed to a recovery agent and any further fees and charges may also be payable by the client and or Insurer.   

 

ALL RATES AND CHARGES ARE CURRENT AS OF 05/2024 AND ARE SUBJECT TO CHANGE AT ANY TIME. 

 

DSR reserves the right to refuse entry to those that display anti-social, violent or disruptive behaviour that we believe puts our staff at risk.   

Anti-Social behaviour interferes with our employee’s ability to perform their daily duties and will not be tolerated. This may result in offenders being asked to leave.