Terms & Conditions

What is the purpose of this agreement?

This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and [name of individual franchisee company] trading as Final Touch and our agent(s) (“we”, “us” and “our”).

What information about you can we collect?

You agree to provide us with and allow us to use all information necessary to give effect to this agreement and the provision of our products and performance of our services.

Unless your consent is withdrawn in writing, you agree to the disclosure of information:

• to give effect to the provision of our products and performance of our services;
• to enforce our obligations under this agreement or any additional agreement;
• when authorised by you or required by law;
• to assess credit worthiness; and
• to market any of our products and services.

We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.

What are our products and services?

“Product(s)” and “service(s)” means and includes without limitation:

• paint and accessories and materials (whether separate, attached to something or the subject of our services) supplied by us;
• vehicle paintwork, repair and labour; and
• agency fees, charges and out of pocket expenses incurred by us, identifiable in any document or record issued by either party (all of which are deemed to be incorporated into and form part of this agreement).

What is the price?

The price is the cost of the products and services as agreed between you and us from time to time subject to GST and out of pocket expenses. If no price is stated, the price will be the standard amount at which that we provide the products and services at the time of your request. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control.

What happens when we give you a quote?

If we give you a quote for products and services:

• the quote will be valid for seven (7) days and exclusive of GST, unless stated otherwise;
• you will be responsible for increased costs resulting from any subsequent changes to the quote due to any inadequate or inaccurate information, request/requirement for additional products and services or variations;
• we may withdraw the quote at any time prior to your acceptance of the same; and
• we may alter the quote due to circumstances beyond our control or clerical or computer error.

When and how do you pay us?

You agree to pay us in full and without set-off, deduction, counterclaim or retention:

• for credit account holders, on or before the 20th of the month following the date of our invoice;
• for those without credit accounts, on completion of our services;
• interest on any amount you owe after the due date at 2.5% per month or part month; and
• expenses incurred as a result of enforcing any of our rights contained in this agreement including debt collection and legal fees.

You agree to us allocating or reallocating any payment received from you towards any invoice.

You will be responsible for payment if a third party that you expect to pay you or us fails to pay.

What warranties and limitations apply?

Manufacturers’ and third party warranties (where applicable).

If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 and Contract and Commercial Law Act 2017 to the extent permissible by law.

We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control, such as supplier delays.

Subject to applicable insurance and 7.1-7.3, if we are deemed liable for loss or damage of any kind, however arising including from provision of products and services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, our total liability is limited to the value of products and services provided to you.

What if you wish to make a claim in relation to our products and services?

Claims in relation to our products and services are subject to the following:

• you notifying us within seven (7) days of completion of our services;
• the products having been used in accordance with the manufacturer’s/our instructions;
• the goods subject to our products and services not having been subject to abuse, neglect, misuse, accident or work by a unauthorised third party; and
• the cost of return of a product being your sole responsibility.