1. Contract Terms

  1. These Terms and Conditions are the terms of the contract (Contract) between the customer (you) and Automotive Assistance Services Pty Ltd ABN 42 130 999 709 trading as RACQ Auto (RACQ) for the performance of mechanical and repair services (Services) and the supply and fitting of any goods (Goods) described in the quote or description of services provided to you. Together the Goods and the Services are referred to as the Products.
  2. You may accept these terms (and the Contract will be formed) by signing a form that describes the Services; delivering your vehicle key to us for the purpose of performing the Services (including by leaving the key in the after-hours container provided); making a booking to perform the Services; or otherwise authorising us (orally or in writing) to perform the Services.
  3. If you authorise us to supply additional Products in relation to the Services, those products will also be Products (and Goods or Services as applicable) for the purposes of this Contract.
  4. RACQ may need to change the Products upon inspecting your vehicle following commencement of the supply of the Products or if information which you supply to RACQ in relation to your vehicle is inaccurate. Where that adjustment would necessitate a material change to any of the Products or an increase in the price of the Products, RACQ will obtain your authorisation before proceeding.
  5. Pricing and timing for the supply of the Products may change because of any change to the Products.
  6. These Terms and Conditions may be varied by RACQ from time to time. In respect of any Products, the Terms and Conditions in effect at the time the Contract is formed in respect of those Products in accordance with clause b will apply. Please review these Terms and Conditions in full as they may have changed.

2. Performance of Services

  1. RACQ agrees to supply the Products to you and to use its reasonable endeavours to supply the Products to you within the time frame notified to you (if any).
  2. RACQ may do all things we consider desirable or necessary for the purpose of performing the Services, including test driving your vehicle.
  3. Goods supplied by RACQ may or may not be genuine original equipment manufacturer parts. Those parts will comply with the manufacturer’s specifications for vehicles.

3. Cancellations

If you cancel a booking to perform the Services with less than 24 hours notice or fail to attend your booking without notice and RACQ has ordered goods or parts to be used in performing the Services for which RACQ is unable to obtain a refund and RACQ (acting reasonably) considers that it will be unable to use them within a reasonable period of time to perform services for another customer, RACQ may (at its discretion) charge a cancellation fee equal to the cost of those goods or parts. RACQ may take into consideration the storage requirements for the goods or parts in determining whether it will be able to use them within a reasonable period of time.

4. Payment

  1. Unless otherwise agreed in writing by RACQ, payment in full for the Products is required before your vehicle (and goods supplied pursuant to this contract) will be delivered to you. You will be entitled to a refund to the extent that we do not supply Products for which you have paid in advance.
  2. Title in any Product supplied does not pass to you until you have paid for the Products in full. RACQ will have a lien over all products in our possession belonging to you to secure payment of all outstanding amounts in respect of the Products.
  3. If you do not pay for the Products in full and collect your vehicle within one month of RACQ notifying you that the Services have been completed, RACQ may charge you additional storage fees, details of which are available from RACQ prior to this Contract being formed.
  4. If you do not collect your vehicle after RACQ notifies you that the Services have been completed, and RACQ is unable to contact you, despite having made reasonable attempts to do so, RACQ may (at its discretion) and without further notice to you:
    1. If you have not collected your vehicle within one calendar month of RACQ notifying you that the Services have been completed, deliver the vehicle and all goods in or attached to it to any address which RACQ has for you (which may include leaving the vehicle parked on a public road in the vicinity of that address); or
    2. If you have not collected your vehicle within three calendar months of RACQ notifying you that the Services have been completed, dispose of your vehicle and/or all goods in or attached to your vehicle by public auction (and for this purpose you appoint RACQ and its directors and officers severally as your attorney for this purpose), in which case, you will be entitled to the proceeds of sale less any amounts owing to RACQ by you and RACQ’s reasonably incurred costs of the sale.
  5. This clause 4 does not limit RACQ’s legal rights in relation to non-payment or your failure to collect your vehicle, including under the Disposal of Uncollected Goods Act 1967 (Qld).

5. Complaints

In the event of a complaint or dissatisfaction, please contact RACQ Member Relations on telephone 1300 733 686 option 2 or by emailing AMR@racq.com.au. RACQ should be given the opportunity to re-inspect the vehicle and may need to do so to deal with the complaint prior to any repairs being performed.

6. Consumer guarantees

  1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    1. to cancel your service contract with us; and
    2. to a refund for the unused portion, or to compensation for its reduced value.
  2. You are also entitled to choose a refund or replacement for major failures with goods.
  3. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
  4. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

7. Warranty

  1. We provide a warranty on our workmanship for 3 months provided you still own the vehicle (Warranty Period). If our workmanship is found to be defective during the warranty period, we will reperform the defective services or refund the cost of those services.
  2. This warranty does not cover faults caused by physical damage (including impact damage); abuse or misuse; negligent acts or omissions by the owner or any driver of the vehicle; environmentally induced deterioration; rust or corrosion; faults in your vehicle (including existing manufacturing vehicle faults or consequential damage caused by faults); temporary repairs; fair wear and tear; body defects; rust; faulty rubber seals or oil and water ingress.
  3. This warranty does not apply to Goods supplied by RACQ during the supply of the Products in respect of which a warranty is given by the manufacturer of the Goods (which may include batteries, starter motors and alternators). To the extent possible, we will pass on the benefit of any such warranty to you.
  4. To make a warranty claim, please call RACQ on 13 1905. Without limiting the other terms and conditions of this warranty, a warranty claim will not be allowed unless a sales receipt or other proof of purchase (e.g. bank or credit card statement) is provided when the warranty claim is made.
  5. RACQ may direct you to take your vehicle to a branch or service centre nominated by RACQ, acting reasonably taking into account your location. You must bear the cost of claiming this warranty including the cost of delivery and collection of the vehicle to and from the nominated locations.
  6. You must allow RACQ and/or the manufacturer’s representative to perform an inspection and conduct tests to determine the cause and nature or the defects or failure (if any).
  7. Following the vehicle inspection and subject to it being a valid warranty claim, RACQ will arrange a mutually convenient time at a location nominated by RACQ, acting reasonably taking into account your location to rectify the fault.
  8. The benefits covered by this clause 7, are in addition to other statutory rights and remedies you have in relation to the goods to which this warranty relates.
  9. The warranty given in this clause 7 is not transferable.

8. Liability

  1. Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties and conditions or impose obligations which cannot be excluded, restricted or otherwise modified. This Contract does not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Other than those statutory provisions, we exclude all conditions and warranties which may be implied by law.
  2. To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted at our option to the resupply of Products supplied or offered by us or the payment of the cost of having those Products re-supplied.
  3. You agree that to the extent permitted by law, RACQ’s maximum liability to you is limited to the fees paid by you for the Products supplied. If the Products provided to you are defective, RACQ shall, at its option, either resupply the Products or refund the fee paid. Neither party will not be liable in any circumstances for any demurrage, loss of use, loss of revenue, loss of prospective profits or special, indirect or consequential damages.
  4. RACQ will take necessary precautions to prevent any damage to your vehicle during the course of the supply of the Products. When required, an Electrical System Memory Protector (ESMP) is used to ensure retention of the vehicle’s system memory. Responsibility for damage caused that is not related to the Products cannot be accepted.
  5. To the extent permitted by law:
    1. RACQ is not responsible for any loss or damage to your vehicle (whether whilst the Products are being supplied, whilst the vehicle is in RACQ’s possession or control or otherwise) except to the extent that such loss or damage is caused by our negligence; and
    2. We have no other liability under this agreement, including liability for any loss of your time, or vehicle use, or for any rental vehicle or transport costs, or loss of profits or anticipated profits or any indirect or consequential losses.

9. Privacy

  1. RACQ collects, holds and discloses your personal information (such as your name, address, email address and vehicle details) in accordance with the RACQ Privacy Policy which is available at https://www.racq.com.au/privacy.
  2. If you have any questions or comments regarding your privacy in relation to RACQ, please contact us on 13 19 05 or email us at privacy@racq.com.au. If you wish to make a complaint or otherwise do not agree with a decision made by RACQ in relation to the access or update of your personal information please write to: Privacy Officer, Group Risk & Compliance, PO Box 4 Springwood QLD 4127.

10. General

  1. To the extent permitted by law this Contract embodies the entire understanding of the parties in relation to its subject matter.
  2. This Contract is governed by and must be construed according to the laws of Queensland. Each party irrevocably submits to the non exclusive jurisdiction of the courts of Queensland.
  3. A waiver or consent given by a party under this Contract is only effective and binding if it is given or confirmed in writing by that party. No waiver of a breach of a term of this Contract operates as a waiver of another breach of that term or of a breach of any other term of this Agreement. Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Contract by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Contract.
  4. RACQ enters into this Contract for and on behalf of itself and The Royal Automobile Club of Queensland Limited ABN 72 009 660 575 and each of its Related Bodies Corporate as defined in the Corporations Act 2001.
  5. If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable, it is severed to the extent that it is invalid or unenforceable.