Our Terms & Condition

General

The LXW Automotive Website is a service provided by LXW Automotive for the following purposes:

a) informing its Customers,
b) enabling Customers to provide information to LXW Automotive, and
c) providing information and commercial services to Business Partners.

By accessing or otherwise using the LXW Automotive Website you agree to be bound by these conditions of use and you acknowledge that LXW Automotive provides this Website to you on these conditions of use. LXW Automotive is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the LXW Automotive Website at any time without notice. Your continued use of the LXW Automotive Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Disclaimer

Except as provided by law, the LXW Automotive Website is provided "as is" and without any warranty or condition, express or implied. LXW Automotive does not warrant that the information contained in or accessible through the LXW Automotive Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does LXW Automotive guarantee continuous, uninterrupted or secure access to the LXW Automotive Website.

You acknowledge that access and use of the LXW Automotive Website (including the software operating in connection with the LXW Automotive Website) may be interfered with by numerous factors outside of LXW Automotive's control. LXW Automotive does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the LXW Automotive Website. Subject to the provisions of the Competition and Consumer Act 2010, LXW Automotive makes no representations or warranties in respect of the information and materials available on the LXW Automotive Website or the means of accessing that information and material (including the software operating in connection with the LXW Automotive Website).

LXW Automotive makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than LXW Automotive which are or may become linked or framed to or from the LXW Automotive Website. 

Limitation of Liability

You agree that LXW Automotive is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the LXW Automotive Website and/or services for whatever reason and however arising, including negligence.

To the extent that LXW Automotive is able to limit the remedies available under these conditions of use, LXW Automotive expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at LXW Automotive's sole discretion):

In the case of goods, any one or more of the following:

• The replacement of the goods or supply of equivalent goods;
• The repair of the goods;
• The payment of the costs of replacing the goods or of acquiring equivalent goods; or
• The payment of the costs of having the goods repaired; and

In the case of services:

• Supply of the services again; or
• The payment of the cost of having the services supplied again.

You indemnify LXW Automotive against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

• Your breach or non-observance of any term of these conditions of use; or
• Any breach or inaccuracy in any of your representations or warranties.

INVOICES/ PAYMENTS

• An invoice will be issued upon completion of services
• All prices include GST unless stated otherwise You agree:
• To pay us in full, on the day you are notified by us that your vehicle is ready for collection, for all services rendered and products supplied before removing your vehicle and/ or the products from our premises, unless we have agreed otherwise
• To pay your invoice by cash, credit card or EFTPOS. Cheques will not be accepted (unless previously agreed to)
• We reserve the right to vary the purchase price and make additional charges in the event of a variation to the order for goods and/ or services including where we incur further costs in the following circumstances:

o You provided inadequate, late, or incorrect information in relation to the vehicle or work required

o We agreed to provide additional services not included or specifically excluded in the order or estimate

o If you cancel a service or good, and we incur any loss resulting from the cancellation

• To the extent allowed by law, in the event that you:

o Become bankrupt;
o Have an administrator, controller, liquidator, receiver or receiver and manager appointed

(“external administrator”); or
o Any steps are taken, or proceedings commenced, to make you bankrupt or have external

administrator appointed

This agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.

• Unless agreed verbally or in writing by us, you must not withhold payment of the invoice price

due to a dispute or any other query arising in respect of the order, the invoice price or any other

matter connected with the contract
• At our complete discretion, we may apply any payment received by you to any amount owing by you

PARTS/ WARRANTY

• Where possible, we use quality aftermarket parts and accessories that meet or exceed the specifications of those originally fitted by your vehicle manufacturer or we use genuine vehicle manufacturer parts when required. If you want us to use an alternate brand or product, we 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
• If a part required cannot be located locally and must be specially ordered in, payment will be required upfront before being placed on order with our supplier
• If a second-hand part is required payment will be required upfront before being placed on order with our supplier
• Special order in parts, second-hand parts & some new parts, are non-refundable once placed on order with our supplier, therefore if you decide to cancel the order you will not be refunded for the payment of the part as we are unable to return it to our supplier
• Second-hand parts come with a 3-month parts only warranty, unless stated otherwise, no labour will be covered under warranty when using second-hand parts
• New parts come with a 12-month parts & labour warranty, unless stated otherwise

• We will repair or exchange (where possible) the product or service if it becomes defective within the warranty period. We will bear the reasonable costs incurred in claiming the warranty

Warranty will not apply to the following:

• o Normal wear and tear
  o Where goods come to the end of their natural service life
  Alteration,accident,misuse,abuse,orneglect;
• ▪  Unsafe or inappropriate driving practices; or
• ▪  Where the product or services are subsequently repaired or modified by an
  unauthorised service agent
• Except as required by law, we will be under no obligation to accept goods returned for any reason
• Without limiting any rights that may be available under the Australian Consumer law that are not lawfully excluded under these Terms, if you are seeking to make a claim pursuant to a third-party manufacturer warranty, the process is for the part to be sent back to the manufacturer for inspection and the remedy in relation to that claim will depend on the decision of the third-party manufacturer
• You acknowledge and agree we may, at our absolute discretion, refuse to fit any parts supplied by you (“owner supplied parts”).
• If we do agree to fit owner supplied parts, you warrant that all parts are free from any pre-existing defects or faults and are suitable for the supply of services • You also acknowledge and agree to the following:

o We are not the supplier of the owner supplied parts for the purpose of the Australian Consumer Law and if we offer a warranty, then the warranty does not apply to the owner supplied parts;

o If the owner supplied part is being delivered to our premises, or needs to be returned to the supplier of the owner supplied parts, then you must arrange such delivery and are liable for all transport charges, insurance, damage to the parts and damage to our property in connection with such delivery; and

o To the extent permitted by law, you indemnify us from and against all existing and future claims of whatsoever nature, wherever and however arising, known or unknown and by any third party which arises out of or in connection with the owner supplied part