Terms And Conditions

Drive By Beats Terms And Conditions

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 conversely.
• 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 to be limited by reference to the examples.

Services

By signing this agreement, you authorize Drive By Beats to provide the Services and any additional services in accordance with the terms of this agreement, and you agree to pay Drive By Beats current rates and prices for all labor, spare parts, and materials.

• Any Additional Services will be treated as part of the Services for the purposes of this agreement.
• Drive By Beats is not liable for any loss or damage to your vehicle, its accessories or contents, or your vehicle component, while your vehicle or vehicle component is on Drive By Beats premises or your vehicle is being driven for the purpose of providing or checking the Services provided, unless such loss or damage is a direct result of the negligence of Drive By Beats.

Price and Payment

Drive By Beats will provide an estimate of the cost of the Services to be provided before any of the Services are provided. The estimate will be discussed with you before work is commenced on your vehicle or vehicle component.

• Estimates remain valid for 7 days after the date Drive By Beats gives them to you.
• If providing any Additional Services will mean the estimate is exceeded, Drive By Beats will first contact you to explain the Additional Services required and to seek your authorization for the additional costs to be incurred.
• The price you pay for the Services will be the one that is current when you agree to these Terms and Conditions.
• Once the Services have been provided, Drive By Beats will give you a tax invoice describing the Services provided and the price payable for the Services.

Passing of Risk and Title

Risk in any goods sold to you will pass when you take delivery of the goods. Title in the goods sold will not pass until full payment for the goods and any other amounts which you may owe to Drive By Beats, either under this agreement or any other agreement, have been paid in full.

• Until such time as title in the goods passes to you, you will hold the goods as bailee of Drive By Beats, where practicable store the goods in a manner which makes them identifiable as the property of Drive By Beats and keep the goods insured against theft, damage, and destruction.
• Drive By Beats is entitled, at any time while any debt remains outstanding by you beyond its due date of payment, to notify you of its intention to take possession of goods and for this purpose to enter upon your land and buildings with all necessary equipment to take possession of the goods.

Lien and Uncollected Vehicles

As long as you owe Drive By Beats money, under this or any other agreement, Drive By Beats has a lien over your vehicle, its accessories and contents, or your vehicle component, which are in the possession of Drive By Beats.

• If Drive By Beats exercises a lien over your vehicle or if you do not collect the vehicle within 2 days from the time it is ready for collection, Drive By Beats may charge a reasonable daily vehicle storage fee.
• If you have not discharged the lien or you have not collected your vehicle within 3 months of Drive By Beats sending you notification that your vehicle is ready for collection, and Drive By Beats has not been able to contact you despite using reasonable efforts, Drive By Beats may sell or otherwise dispose of your vehicle or vehicle component by any reasonable method and at your expense without further notice to you.

Parts and Lubricants

Drive By Beats uses original vehicle manufacturer parts where possible or quality aftermarket parts and lubricants that meet or exceed the specifications of those originally fitted by your vehicle manufacturer. If you want Drive By Beats to use an alternate brand or product, Drive By Beats will take reasonable action to source that part or product for you, although this may impact on the pricing and time commitments of the provision of the Services.

• You understand that larger vehicles may require high quantities or higher grade oil during servicing. Drive By Beats may at its sole discretion, and without contacting you for authorization, charge an amount to cover the cost of the oil used in the service.

Registered Vehicle

You understand that driving an unregistered vehicle is illegal and you warrant that your vehicle is registered in accordance with the state/territory legislative and regulatory requirements applicable to your vehicle.

• You must notify Drive By Beats if your vehicle is not registered. If this is the case, Drive By Beats will not take your vehicle for a test drive on public roads and may not be able to assess whether the Services have been effectively provided.
• If you have not notified Drive By Beats that your vehicle is not registered, you agree to indemnify Drive By Beats, its directors, employees, and independent contractors, against any fines, penalties, claims, damages, losses, costs, liabilities, and expenses (including, but not limited to, reasonable legal fees), injury or death caused to any person or property, including by negligence, arising out of or related to Drive By Beats provision of the Services, including driving or otherwise operating your vehicle.

Matters Beyond Drive By Beats Control

Drive By Beats is not liable for any delay in providing the Services to the extent that such delay or failure results from events or circumstances outside Drive By Beats reasonable control.

• You understand that when providing the Services, the power supply in your vehicle may be temporarily interrupted. This may cause your audio system to lock and require an unlock code. Drive By Beats will take reasonable steps to prevent this from happening, however, it is usually outside Drive By Beats control. The unlock code for your audio system is supplied by the manufacturer of your vehicle and you will be solely responsible for paying any cost incurred by Drive By Beats in unlocking your audio system.

Manufacturer’s Extended Warranty

Some vehicle manufacturers provide extended warranties that may be negatively impacted or made void if Drive By Beats provides the Services for your vehicle or to your vehicle component.

• You must ensure that the Services provided, or any part of the Services, will not affect or void the extended manufacturer’s warranty.

Privacy

Drive By Beats collects and deals with all of your personal information in accordance with Drive By Beats Privacy Policy.

Liability

To the maximum extent permitted by law, Drive By Beats liability for breach of any implied or imposed guarantee, warranty, or condition which cannot be excluded is restricted, at Drive By Beats option, to:

• In the case of the Services supplied or offered by Drive By Beats, either:
• the re-supply of those services; or
• the payment of the cost of having those services re-supplied;
• In the case of goods supplied or offered by Drive By Beats, either:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of having the goods replaced;
• the payment of the cost of having the goods repaired.

To the maximum extent permitted by law, Drive By Beats will not be liable to you or any third parties for:

• any claim, whether that claim arises in contract, tort (including negligence), or statute;
• any loss (including loss of profits or special, indirect, incidental, or consequential loss); or
• damage, injury, or death to any person or property, arising out of or relating to the goods sold by us or the Services provided by us.

Notices

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, facsimile transmission, 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.

General

This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

• 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.
• This agreement contains the entire agreement of the parties with respect to its subject matter.

Returns & Refunds

Goods returned in original packaging will incur a 10% stocking fee.

Goods will not be accepted for return under the following conditions:

• After 30 days of purchase.
• If goods have been fitted, used in any way, or are no longer in a sellable condition.
• If goods have been specially procured.

Freight on returned goods is the responsibility of the customer.

No claims for shortage or damaged items will be recognized unless notified within seven (7) days from receipt of goods. Goods returned for credit will be subject to handling charges as follows:

• 1-29 days – 10%
• After 30 days – NIL credit

All returns for credit are subject to substantiation to the Supplier's reasonable satisfaction, and invoice numbers must be supplied before credit will be considered.